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02 MINUTES 02-05-01
MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JANUARY 16, 2001 NO. 02 02-05-01 5'00 p.m. Council Present' Others Present: 'None Announced 5'01 p.m. Denied Bush and Davis claims CALL TO ORDER ROLL CALL Tracy Wills Worley, Mayor Councilmembers Lou Bone, Mike Doyle, Tony Kawashima Jeffery M. Thomas, Mayor Pro Tem arrived 5:01 p.m. William Hust°n, City Manager; Lois Jeffrey, City Attorney Beverley White, Chief Deputy City Clerk PUBLIC INPUT CLOSED SESSION - At 5'00 p.m. Mayor Worley opened the Public Input. There were no members in the audience and Public Input was closed. Mayor Worley announced the City Council would convene in Closed Session. to confer with the City Attorney pursuant to Government Code Section 54956.9 (b)(2)(A) significant exposure to litigation (3 cases) and 54956.9 (b)(2)(C) to consider the claims of Laurie Bush and Arthur Larry Davis. The claims may be reviewed in the City Clerk's Office. ADJOURNMENT- Mayor Worley adjourned the meeting at 5:01 p.m. The next regular meeting of the City Council was scheduled for Tuesday, January 16, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. CLOSED SESSION STATEMENT- it was moved and seconded to deny the claims of Laurie Bush and Arthur Larry Davis. Motion carried 5-0. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, RECORDING SECRETARY Special Meeting- City Council January 16, 2001 - Page 1 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JANUARY 16, 2001 7:01 p.m. Given CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilmember Kawashima Given Council Present: Council Absent: City Clerk: Others Present: INVOCATION - Captain Lee Lescano, Salvation Army Church ROLL CALL Mayor Tracy Wills Worley; Mayor Pro Tem Jeffery M. Thomas; Councilmembers Lou Bone, Mike Doyle, and Tony Kawashima None Pamela Stoker William A. Huston, City Manager; Christine Shingleton, Assistant City Manager; Lois Jeffrey, City Attorney; Doug Holland, Deputy City Attorney; George Schlossberg, Special Counsel; George Jeffries, City Treasurer; Ronald A. Nault, Director of Finance; Steve Foster, Chief of Police; Elizabeth Binsack, Director of Community Development; Arlene Marks, Director of Human Resources; Pat Sanchez, Director of Parks & Recreation; Dana Kasdan, Engineering Services Manager; Tim Serlet, Public Works Director; Joe Meyers, Senior Management Analyst; Police Captain Frank Semelsberger; Dana Ogdon, Senior Project Manager; Doug Anderson, Senior Project Manager; Jim Draughon, Senior Project Manager; Karen Peterson, Senior Planner; Beverley White, Chief Deputy City Clerk; Justina Willkom, Associate Planner; Sarah Brown, Consultant, and approximately 250 in. the audience. PROCLAMATION- None Anthony Trujill0 2001 Kingsboro Circle, Tustin Adopted Resolution Nos. 00-90 and 00-91 PUBLIC INPUT Expressed concern regarding restriping on Red Hill Avenue causing dangerous conditions and a concrete structure at the northwest corner of Red Hill and Walnut Avenues created a blind spot at the intersection. PUBLIC HEARING (ITEMS 1 THROUGH 3) . GENERAL PLAN AMENDMENT 00-001 Minutes- City Council January 16, 2001 - Page 1 Mayor Worley opened the F .c Hearing at 7:27 p.m. The following members of the audience spoke in opposition to General Plan Amendment 00-001' Juan Garcia, Santa Ana Richard Spix, Esq., Santa Ana Alonso Ortiz, Santa Ana Venancio Chavez, Santa Ana George Alvarez, City Engineer, City of Santa Ana Rick Eiden, United Food & Commercial Workers Union Local 324, President O.C. Central Labor Council Jim Adams, O.C. Union Building Construction Trades Linda Sanchez-Valentine, Executive Secretary- Treasurer of Orange County Central Labor Council Randy Parraz, AFL-CIO, Santa Ana The following members of the audience spoke in support of General Plan Amendment 00-001' Martha Quintanilla, Tustin Louise Romano, Tustin Acts For Families and Youth Dr. Richard Jones, Acting Chancellor, SOCCCD Nancy Padberg, President Board of Trustees, SOCCCD Jim Palmer, President, Orange County Rescue Mission Bart Hansen, Chairman Board of Directors, OCRM Scott Larson, Executive Director Home Aid O.C. Kerry Choppin, Olson Company Todd Olson, Olson Company The following member of the audience spoke on feeding the people of the world' Chris Rivas, Tustin Mayor Worley recessed the meeting at 8:13 p.m. The meeting was reconvened at 8'25 p.m. The following members of the audience spoke in opposition to General Plan Amendment 00-001' · Al Mijares, Superintendent, SAUSD Ruben Smith, Esq., Alvarad©, Smith & Sanchez Nadia Davis, Esq., President, Board of Education Dr. Edward Hernandez, Chancellor, RSCCD Ed Connor, Litigation Counsel, SAUSD/RSCCD John Hanna, Vice-President, RSCCD Dr. Rita Cepeda, President, Santa Ana College Tom Saenz, Mexican American Legal Defense & Education Fund (MALDEF) Minutes- City Council January 16, 2001 - Page 2 Victor Garcia, Santa A Tino Rivera Art Montez, League of United Latin American Citizens Kelita Hull, Second Baptist Church of Santa Ana Roland Lujan Bill Fogarty, Bond Oversight Committee, SAUSD Doug Storm, Orange County Sheriff's Department John Palacio, Diocese of Orange and SAUSD The following members of the audience spoke in support of General Plan Amendment 00-001' Mike Conley, Chamber of Commerce Thomas L. Schriber, Donahue-Schriber Realty Group Adrian Morton, Tustin Dr. Raghu Mathur~ President, Irvine Valley College Helen Locke, Irvine Armando Ruiz, Vice-President, Irvine Valley College Don Goodwin, SOCCCD Tim Hobbs, County of Orange Social Services Agency Bill Hammerle, Former C/O, MCAS Tustin Leslie Pontious, Tustin Mayor Worley recessed the meeting at 9'34 p.m. The meeting was reconvened at 9:46 p.m. The following members of the audience spoke in opposition to General Plan Amendment 00-001' Jerry Casalas, Student, SAUSD Rick Mojarro, Principal, SAUSD Sela Longacre, Principal, SAUSD Berklee Maughan, Tustin Roger McCullough, Tustin Paul Moreno, Mission Viejo Ken Morrison, Tustin Patty Olvera, Santa Aha Maria Enriquez, Santa Ana Martin Burton, Irvine Hank Johnson, Principal, SAUSD Jesus Perez, Santa Ana Richard Vining, Tustin The following members of the audience spoke in support of General Plan Amendment 00-001' Jeff Axteli, Vestar Development Company Craig Furniss, Lowe Enterprises Francine Seinto, President Board of Governors TUSD Colleene Preciado, Chief Deputy Probation Officer, Minutes-City Council January 16, 2001 -Page 3 C.C. Probation Departs. , Jeff Lochner, Vestar Development Company Jack Godard, Shea ProPerties Thomas R. Saltarelli, Tustin Charles Noble, Santa Ana Robert Selway, County of Orange Public Facilities and Resources Department, Harbors, Beaches and Parks Dirk Geiger, Tustin Curt Stephenson, Lennar Partners Hank Nunez, Tustin John Higgins, Tustin Marge Kasalek, Tustin Ron Metzler, Shea Homes Guido Borges, Tustin Al Baker, Tustin Michael Morris, Legacy Partners Commercial Bill Stracker, Tustin Vickie Talley, National Assn. of Industrial Properties There were no other speakers regarding General Plan Amendment 00-001 and Mayor Worley closed the Public Hearing at 11:03 p.m. Mayor Worley recessed the meeting at 11:03 p.m. The meeting was reconvened at 11 '40 p.m. It was moved by Thomas, seconded by Doyle, to adopt the following Resolution No. 00-90 certifying the Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) prepared for the project as complete and adequate. RESOLUTION NO. 00-90- A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REUSE AND DISPOSAL OF THE FORMER MCAS TUSTIN AS COMPLETE AND ADEQUATE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Thomas, seconded by Kawashima, to adopt the following Resolution No. 00-91 approving General Plan Amendment 00-001: RESOLUTION NO. 00-91 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-001, AMENDING THE TUSTIN GENERAL PLAN FOR. THE Minutes-City Council January 16, 2001 - Page 4 Continued to February 5, '2001 Adopted Resolution No. 01-03 o . REUSE AND DISPOSAL THE FORMER MARINE CORPS AIR STATION (MCAS) TUSTIN Motion carried 5-0. APPEAL OF PLANNING COMMISSION APPROVAL OF ADMINISTRATIVE ADJUSTMENT 00-001 AND DESIGN REVIEW 00-024 Council concurred to continue this item to the February 5, 2001 Council meeting. TENTATIVE PARCEL MAP 2000-219 Mayor Worley opened the Public Hearing at 12:50 a.m. The following member of the audience .spoke in favor of Tentative Parcel Map 2000-219 and regarding a monument sign for advertising and reciprocal parking by business owners: Steve Shepherd, 18102 Irvine Blvd.,Tustin Council/staff discussion followed with ,concurrence to modify the resolution to include language that an assigned parking plan may be submitted for review and approval by the Community Development Director. There were no other speakers regarding Tentative Parcel Map 2000-219 and Mayor Worley closed the Public Hearing at 12:58 a.m. it was moved by Doyle, seconded by Thomas, to adopt the following Resolution No. 01-03, approving Tentative Parcel Map 2000-219, as modified to include language that an assigned parking plan may be submitted for review and approval by the Community Development Director: RESOLUTION NO. 01-03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFQRNIA, APPROVING TENTATIVE PARCEL MAP 2000-219 TO COMBINE THE THREE EXISTING LOTS TOTALING 30,636 SQUARE FEET LOCATED AT 12569 NEWPORT AVENUE INTO TWO LOTS OF 12,398 AND 18,238 SQUARE FEET FOR THE PURPOSE OF DEVELOPING TWO MEDICAL/GENERAL OFFICE BUILDINGS Motion carried 5-0. Minutes-City Council January 16, 2001- Page 5 Approved Approved Ratified Approved Approved ,.,ONSENT CALENDAR ( ITE,...~ 4 THROUGH 13 ) Item No. 13 was removed from the agenda by Mayor Worley. it was moved by Thomas, seconded by Doyle, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. . APPROVAL OF MINUTES- JANUARY 2, 2001 REGULAR MEETING Recommendation' Approve the City Council Minutes of January 2, 2001. . APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation' Approve Demands in the amount of $721,962.09 and ratify Payroll in the amount of $389,503.45. o PLANNING COMMISSION ACTION AGENDA- JANUARY 8, 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 January 8, 2001. . DECLARATION OF SURPLUS EQUIPMENT Recommendation: Declare equipment as surplus and not required for public use, in accordance with the Tustin City Code, .Section 1626 and authorize the Public Works Department to sell the equipment at public auction as recommended by the Public Works Department/Engineering Division. . CONSULTANT SERVICES AGREEMENT FOR RIGHT OF WAY APPRAISAL SERVICES FOR IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (ClP NO. 7118) Recommendation: Approve the Consultant Services Agreement with The Reliance Group to prepare an appraisal report for the lrvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP No. 7118) for a not- to-exceed fee of $31,100.00 and authorize execution of the Consultant Services Agreement by the Mayor and City Clerk, subject to approval by the City Attorney as recommended by the Public Works Department/Engineering Division. Minutes- City Council January 16, 2001 - Page 6 Adopted Resolution No. 01-01 Approved Received and filed Approved Removed Adopted Ordinance No. 1228 RESOLUTION NO. 01-01 - _-'SOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REAPPOINTING GEORGE W. JEFFRIES AS CITY TREASURER FOR CALENDAR YEAR 2001 Recommendation: Adopt Resolution No. 01-01 and authorize the Mayor to execute Amendment No. 3 to the Agreement for the Services of George W. Jeffries, CCMT as recommended by the Finance Director. 10. ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY Recommendation: Continue delegation of Investment Policy to G.W. Jeffries and Associates and adopt the City of Tustin Investment Policy to G.W. Jeffries and Associates as recommended by the Finance Director.. 11. QUARTERLY INVESTMENT REPORT Recommendation: Receive and file as recommended by the City Treasurer. 12. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR ON-CALL ENGINEERING SERVICES AND CONSTRUCTION INSPECTION SERVICES Recommendation: Approve the Consultant Services Agreement with Harris & Associates for on-call Engineering and Construction Inspection services and authorize the Mayor and City Clerk to execute the Consultant Services Agreements on behalf of the City, subject to approval by the City Attorney as recommended by the Public Works Department/Engineering Division. 13. AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF TUSTIN REGARDING THE TUSTIN-SANTA ANA TRANSPORTATION SYSTEM IMPROVEMENT AUTHORITY Recommendation: Approve the amendment to the Joint Powers Agreement and authorize the City Attorney to make minor changes if needed prior to signature by the Mayor as recommended by the Redevelopment Agency Staff: REGULAR BUSINESS (ITEMS 14 THROUGH 15 ) 14. ORDINANCE NO. 1228.-COX COMMUNICATIONS FRANCHISE RENEWAL It was moved by Doyle, seconded by Thomas, to have second reading by title only of Ordinance No. 1228. Minutes- City Council January 16, 2001 - Page 7 Motion carried 5-0. Pamela Stoker, City Clerk, read the following Ordinance No. 1228 by title only: ORDINANCE NO. 1228- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RENEWING A FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO COXCOM, INC., DBA COX COMMUNICATIONS ORANGE COUNTY It was moved by Doyle, seconded by Thomas, to adopt Ordinance No. 1228. Motion carried 5-0 (roll.call vote). Continued to 15. February 5, 2001 ORDINANCE REGARDING THE TERMS AND APPOINTMENT OF PLANNING COMMISSIONERS AND PARKS AND RECREATION COMMISSIONERS It was moved by Doyle, seconded by Bone, to continue this item to the February 5, 2001 Council meeting. Motion carried 5-0. None PUBLIC INPUT None OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT - Mayor Worley adjourned the meeting at 1 '00 a.m. The next regular meeting of the City Council was scheduled for Monday, February 5, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, CITY CLERK Minutes-City Council January 16, 2001 - Page 8