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Home My WebLink AboutCC MINUTES 2001 07 02 MINUTES CITY COUNCIL REGULAR MEETING CITY OF TUSTIN JULY 2, 2001 Conducted 7:00 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: Presented Presented by Ben DeMayo, County Counsel and Kay Cotton, 5th District Representative Merrill Matchett 14801 Newport Ave. #E Tustin Sela Longacre 2011 Vallejo Dr. Tustin Various speakers WORKSHOP - The City Council conducted a Budget Workshop at 5:00 p.m. in the Clifton C. Miller Community Center. CALL TO ORDER PLEDGE OF ALLEGIANCE - Boy Scout Troop 36 INVOCATION - Al Enderle ROLL CALL Mayor Tracy Wills Worley; Coucilmembers Lou Bone, Mike Doyle' and Tony Kawashima Mayor Pro Tem Jeffery Thomas Pamela Stoker William A. Huston, City Manager; Christine Shingleton, Assistant City Manager; Lois Jeffery, City Attorney; Arlene Marks, Director of Human Resources: Tim Serlet, Director of Public Works; Elizabeth Binsack, Director of Community Development; Steve Foster, Chief of Police; Bob Schoenkopf, Police Captain, George Jeffries, City Treasurer; Dana Kasdan, Engiqeering Services Manager; Doug Anderson, Senior Project Manager; Joe Meyers, Administrative Services Manager; Scott Reekstin, Senior Planner; Sam Altowaiji, Field Services Manager; Fred Wakefield, Police Captain, Beverley White, Chief Deputy City Clerk; and approximately 100 in the audience. PROCLAMATION - 1) Chili Cook-Off Committee; and 2) Dylan Z. Redden PRESENTATION - Orange County Redistricting PUBLIC INPUT Spoke on the El Tom Airport and John Wayne Airport expansion and the misinformation being sent to residents. Questioned who was responsible for mailing literature regarding the MCAS Tustin Reuse Plan and who paid for it. The following members of the audience spoke in opposition to the MCAS Tustin Reuse Plan' Fernando Barrios, .3125 S. Joane Way, Santa Ana Victoria Zamgoza, 1109 S. Minnie St. #1, Santa Ana Bruce Nguyen, Santa ^na PUBLIC HEARING - None CONSENT CALENDAR (ITEMS 1 THROUGH 8 ) It was moved by Doyle, seconded by Kawashima to approve the Consent Calendar as recommended by staff. Minutes-City Council July 2,200! - Page 1 Approved Approved Ratified Awarded Adopted Resolution No. 01-70 Adopted Resolution No. 01-72 Motion carried 4-0, Thomas absent. , APPROVAL OF MINUTES- JUNE 18, 2001 REGULAR MEETING Recommendation: Approve the City Council Minutes of June 18, 2001. . , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation' Approve Demands in the amount of $2,705,562.00 and ratify Payroll in the amount of $628,217.25. 380-10 360-82 PLANNING COMMISSION ACTION AGENDA- JUNE 25, 2001 All actions of the Planning commission become final unless appealed by the City Council or member of the public. Recommendation' Ratify the Planning Commission Action Agenda of June 25, 2001. 120-50 . AWARD OF CONTRACT FOR THE.WIDENING OF EDINGER AVENUE FROM 1400 FEET EAST OF RED HILL AVENUE TO 2400 FEET WEST OF JAMBOREE ROAD (ClP 7132) Recommendation: Award the construction contract for the Edinger Avenue Widening from 1400 feet east of Red Hill Avenue to 2400 feet west of Jamboree (ClP 7132) to Palp, Inc. DBA Excel Paving of Long Beach, California in the amount of $2,597,340.00 and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Engineering Division. 400-45 ,, RESOLUTION NO. 01-70- A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE CANOPY FOR STREET SWEEPER UNLOADING AREA, NPDES COMPLIANCE (ClP 1036) Recommendation: Adopt Resolution No. 01-70 accepting the construction of the Canopy at the Street Sweeper Unloading Area and authorizing the recordation of the Notice of Completion, and direct the City Clerk to: 1 ) Release the Labor and Materials Bond not sooner than thirty-five (35).days after the date of recordation of the Notice of Completion; 2) Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and assuming no claims or stop notices are filed, 35 days after the date of recordation of the Notice of Completion the City Council authorize payment of the final 10% retention in the amount of $26,420.35 to Station Equipment Leasing Corp as recommended by the Public Works Department/Engineering Division. 400-45 . RESOLUTION NO. 01-72- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORK OF IMPRovEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR SCADA SYSTEM UPGRADE Recommendation' Adopt Resolution No. 01-72 accepting said work and authorizing the recordation of the Notice of Completion and direct the City Clerk to: 1) Release the Labor and Materials Bond not sooner than thirty-five (35) Minutes- City Council July 2, 2001 - Page 2 Authorized Awarded Approved Council Alternative #2, as modified Adopted Ordinance No. 1241 . days after the date of recordation of the Notice of Completion; 2) Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and assuming no other claims or stop payment notices are filed, the City Council authorize payment of the retention amount, thirty-five days after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Water Services Division. 400-45 APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES FOR THE SENIOR CENTER EXPANSION PROJECT Recommendation' Authorize the Mayor and the City Clerk to execute a Consultant Services Agreement with the firm of Crane Architectural Group for the Senior Center Expansion project in an amount not to exceed $27,100.00 as recommended by the Director of Parks and Recreation Services. 400-10 . AWARD OF BID FOR FRONTIER PARK BRIDGE REPAIR RENOVATION Recommendation: Award the contract for Frontier Park Bridge Repair Renovation to Custom Landscape and Design in the amount of $22,853.00 subject to approval of contract requirements by the City Attorney and final execution as recommended by Parks and Recreation Services. 920-30 REGULAR BUSINESS (ITEMS 9 THROUGH 10 ) , POLICY FOR PEDESTRIAN ACCESS TO RESIDENTIAL TRACTS WITHIN THE EAST TUSTIN SPECIFIC PLAN AREA Mayor Worley stated that locked pedestrian gates in specific tracts had been conditionally approved by the City; pedestrians using vehicular gates when pedestrian gates were locked was dangerous; supported the existing policy; requests to lock pedestrian gates should be reviewed on a case by case basis; and opposed locking pedestrian gates. Council discussion followed regarding modifying Council Alternative # 2, to include that homeowners in communities requiring open pedestrian access requesting locked pedestrian gates to contact staff. It was moved by Doyle, seconded by Kawashima to approve Council Alternative #2, as modified, that the 13 communities that are required to maintain open pedestrian access may contact staff to process applications to amend their conditions of approval or otherwise demonstrate compliance with this policy to allow locked pedestrian gates and waive applicable processing fees. 10. Motion carried 3-1, Worley opposed, 'Thomas absent. 730-90 600-60 INTERIM URGENCY ORDINANCE NO. 1241 FOR OFFICE USE CRITERIA IN THE CENTRAL COMMERCIAL ZONING DISTRICT It was moved by Doyle, seconded by Kawashima to have first reading by title only and introduction of Ordinance #1241. 610-70 Minutes - City Council July 2, 2001 - Page 3 Motion carried 4-0, Thomas absent. Following first reading by title only by Pamela Stoker, City Clerk, the following Ordinance No. 1241 was adopted by a 4-0 roll call vote (Thomas absent)'. ORDINANCE NO. 1241 - AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PARAG~PH (g)OF SUBSECTION (a)(1)OF SECTION 9233 OF, ADDING PARAGRAPH (ff) TO SUBSECTION (c) OF SECTION 9233 OF, AND AMENDING PARAG~PHS (1), (2), AND (3) OF SUBSECTION (e) OF SECTION 9233, OF THE TUSTIN CITY CODE, RELATING TO THE REGULATION OF OFFICE USES WITHIN THE CENTRAL COMMERCIAL (C-2) ZONING DISTRICT AND PROVIDING THAT THIS INTERIM ORDINANCE TAKE EFFECT IMMEDIATELY AS AN URGENCY MEASURE TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE PUBLIC INPUT Merrill Matchett 14801 Newport Ave. #E Tustin Spoke on weather conditions that could close certain runways at the proposed El Toro Airport. OTHER BUSINESS AT&T Councilmember Doyle stated he had received complaints about AT&T cable television broadcast sound and the lack of local programming. NICK BURKEY Councilmember Doyle repo~ted that Nick Burkey had undergone neck surgery and sent get-well wishes. FOURTH OF JULY Councilmember Doyle wished everyone a good 4th of July. Councilmember Kawashima invited everyone to the 4th of July parade and fireworks show. Mayor Worley stated that the 4th of July fireworks show was free and a great event and encouraged people to attend. BUDGET WORKSHOP Councilmember Kawashima thanked all who attended the budget workshop. ORANGE COUNTY SANITATION DISTRICT Councilmember Kawashima requested agendizing at the July 16, 2001 Council meeting a report by the Orange County Sanitation District on off shore testing. STOP SIGN AT EL CAMINO & THIRD Councilmember Kawashima requested staff investigate installation of a stoP sign at El Camino Real and Third. Minutes-City Council July 2, 2001 - Page 4 LETTER TO TUSTIN NEWS Mayor Worley requested a letter be sent to the Tustin News indicating that residents were not receiving delivery of the paper on a consistent basis. SANTA ANA UNIFIED SCHOOL DISTRICT COMMENTS Mayor Worley responded to public input comments regarding the negotiations with Santa Ana Unified School District. COMMITTEE REPORTS SANTA ANA RIVER PROTECTION AGENCY Councilmember Bone asked Tim Serlet to give a report on the Santa Ana River Protection Agency meeting. Tim Serlet, Director of Public Works, reported the Agency elected a new Board of Directors; the executive director received a pay raise; construction of the Seven Oaks Dam removed most of Orange County from the 100-year flood plain; and the next phase was to raise Prado Dam approximately 26 feet. CLOSED SESSION - Mayor Worley announced the City Council would convene in closed session to confer with the City Attorney about pending litigation to which the City is a party: (1) Garcia v. City of Tustin, Case Number 01CC02149 (state court matter); (2) Santa Ana Unified School District, et al. v. City of Tustin, et al., Case Number 01CC02595 (state court matter); and (3) Santa Ana Unified School District, et al. v. City of Tustin, et al., Case Number CV-01-3426 W JR (CTX) (federal court 'matter). ADJOURNMENT- Mayor Worley adjourned the meeting 'at 8:20 p.m. The City Council scheduled Cultural Resources Advisory Committee interviews on Monday, July 16, 2001, at 6'30 p.m. in the Council Chamber; and the next regular meeting of the City Council was scheduled for July 16, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. TR RLEY, MA PAMELA STOKER, CITY CLERK Minutes - City Council July 2, 2001 - Page 5