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HomeMy WebLinkAbout02 MINUTES 08-20-016:00 p.m. Council Present: Council Absent: City Clerk:' Others' Present: None MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 6, 2001 NO. 2 08-20-01 CLOSED SESSION -6:00 P.M. CALL TO ORDER ROLL CALL. Mayor Pm Tem Jeffery M. Thomas, Councilmembers Leu Bone and Mike Doyle Mayor Tracy Wills WodeY and Councilmember Tony Kawashima Pamela Stoker (Absent) William A. Huston, City Manager; Christine Shingleton, Assistant City Manager;, Lois Jeffrey, City Attomey. PUBLIC INPUT Announced CLOSED SESSION - Mayor Pm Tem Thomas announced the City Council would convene in closed session to confor with the City Attomey regarding (1) Pending litigation to which the City is a party I. Gamia v. City of Tustin, Case Number 010002149 (state court matter); 2. Santa Ana Unified School District, et al. v. City of Tustin, et al., Case Number 010002595 (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) (foderal court matter); (2) Significant exposure to litigation pursuant to Govemment Code Se~on 54956.9(b)(3) (two cases); the claim of Doris Allen can be reviewed in the City Clerk's office; and (3) Conforonce with Real Property Nt~:jotiator '(Government Code Section 54956,8). Property: 1001 Edinger Avenue, 1201 Edinger Avenue, 1221 Edinger Avenue, No Situs address, north side of Edinger, No Situs address, south side of Edinger, 14981 Edinger Avenue, 1622 Edinger Avenue, ot al, 1301 Edinger Avenue, 1421 Edinger Avenue, 1422-1472 Edinger Avenue, 1221 Edinger Avenue, and 1231 Edinger^venue. Negotiators: Assistant City Manager or Designee (City) and' Mutual Liquid Gas & Equipment, ~E Pacific Park ^~soc., LLC, Herbert S. Kaufman, Burlington Northem Santa Fe, Burlington Northem Santa Fe,' Borchard Redhill (The Bam), Borchard Redhill (Pacific .Gulf), Harvey Kates, ~t al, Mullin Lumber Company, Pacific Bell, Samuel Russell Trust, and William Young, et al (Property Owners or Agents). Under Negotiation: Pdce and Terms of Payment. ' ., Minutes- City Council August 6, 2001 - Page 7:05 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: REGULAR MEETING- 7'00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilrn'ember Doyle INVOCATION - Reverend Brian Kent, Aldersgate United Methodist Chumh ROLL CALL Mayor Pro Tem Jeffery M. Thomas, Councilmembem Lou Bone and Mike Doyle Mayor Tracy Wills Worley and Councilmember Tony Kawashima Pamela Stoker (Absent) William A. Huston, City Manager; Christine Shingleton, Assistant City Manager; Lois Jeffrey, City Attomey; George Jeffries, City Treasurer; Elizabeth Binsack, Director of Community Development; Steve Foster, Chief of Police; Dana Kasdan, Engineering Services Manager, Arlene Marks, Director of Human Resources; Joe Meyem, Administrative Support Services Manager; Ronald A. Nault, Finance Director;. Bob Schoenkopf, Police Captain, Tim Serlet, Director of Public Works; Beverley White, Chief Deputy City Clerk; and approximately 10 in the audience. PROCLAMATION - None PUBLIC INPUT- None Rejected claim of Doris Allen Continued to August 13, 2001 CLOSED SESSION REPORT Lois Jeffrey, City Attomey reported that the City Council took action in closed session to deny the claim of Dods Allen by a vote of 3-0, Wofley, Kawashima absent, and directed the City Clerk to send notice thereof to the claimant and to the claimant's attorneys. PUBLIC HEARING- (ITEMS 1 THROUGH 2) EXTENSION OF INTERIM ORDINANCE NO. 1241 FOR OFFICE USE CRITERIA IN THE CENTRAL COMMERCIAL ZONING DISTRICT Council concurred to c°ntinue this item to August 13, 2001 at 1:00 p.m. in the City Council Chamber. Motion carded 3-0, Wodey, Kawashima absent. Minutes- City Council: August 6, 2001 - Page 2 Adopted Resolution No. 01-78 w RESOLUTION NO. 01-78 PLACING ASSESSMENTS FOR SOLID 'WASTE COLLECTION ON THE 2001-2002 TAX ROLL Mayor Pm Tem Thomas opened the Public Headng at 7:06 p.m. Them were. no speakers on the subject and .the Public Headng was dosed. It was moved by Doyle, seconded by Bone to adopt the following Resolution No. 01-78 placing assessments for Solid Waste Collection on the'2001-2002 Tax Roll' RESOLUTION'NO~ 01-78- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 5473 ET SEQ. OF HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA, APPROVING AND ADOPTING A REPORT RELATIVE TO PARCELS OF REAL PROPERTY RECEIVING SOLID WASTE COLLECTION SERVICES, DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION TO BE ASSESSED AGAINST THE RESPECTIVE LOTS OR PARCELS OF LAND AS THEY APPEAR ON THE CURRENT ASSESSMENT ROLL Motion carded 3-0, Worley, Kawashima absent. CONSENT CALENDAR (ITEMS 3 THROUGH 16) Councilmember Bone requested Item No. 5, Planning Commission Action Agenda- July 23, 2001, be removed from the Consent Calendar. It was moved by Doyle, seconded by Bone to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 3- 0, Wodey, Kawashima absent. Approved Approved Approved = APPROVAL OF MINUTES- JULY 16, 2001 SPECIAL AND REGULAR MEETING . Recommendation: ApProve the City Council Minutes of July 16, 2001. 1 APPROVAL OF' DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,730,209.60 and ratify Payroll in the amount of $415,687.03. 6. AWARD OF CONTRACT FOR PAVEMENT REHABILITATION FOR JAMBOREE ROAD FROM 1350 FEET NORTH OF TUSTIN RANCH ROAD TO 2750 FEET NORTH OF TUSTIN RANCH ROAD (ClP 7171). Minutes- City Council Ausu.st 6, 200]. - Pase 3 Adopted Resolution No. 01-79 Approved 7~ 8~ Recommendation: Award the construction contract for the pavement rehabilitation of Jamboree Road from 1350 feet north of Tustin Ranch Road to 2750 feet north of Tustin Ranch Road (ClP No. 7171)to Sequel Contractors, Inc., the Iow bidder in the amount of $768,673.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of'.the City as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 01-79- A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF TUSTIN, CALIFORNIA, APPROVING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND OVERALL ANNUAL GOAL OF 9% FOP, FEDERAL FISCAL YEAR 2001/2002, .FOR ADOPTION AND SUBMISSION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) Recommendation· Adopt Resolution No. 01-79, approving the Disadvantaged Business Enterprise (DBE.) Program and Overall Annual DBE Goal of 9% for Federal Fiscal Year 2001/2002 as recommended by the Public Works Department/Engineering Division. .. SENIOR ADVISORY BOARD APPOINTMENT CONFIRMATION Recommendation' Confirm Marc Lopez and Jill Leach as recommended by the current members of the Senior Advisory Board, to fill. two existing vacancies as recommended by Parks and Recreation Services. Approved w DECLARATION OF SURPLUS EQUIPMENT Recommendation: 1) Declare equipment surplus and not required for public use, and 2).Authorize staff to have serviceable equipment auctioned and dispose of those assets deemed beyond repair as recommended by Parks and Recreation Services. Approved 10. ADOPTION OF ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY LITIGATION MANAGEMENT POLICIES AND PROCEDURES Recommendation: Adopt the Orange County Cities Risk Management Authority Litigation Management Policies and Procedures as a policy of the City of Tustin as recommended by the Finance Director. Approved staff recommendation and adopted Resolution No. 01-77 11. TUSTIN SPORTS PARK BALLFIELD RENOVATION Recommendation by Parks and Recreation Services: 1) Authorize the transfer of $5,000 from the Restricted Capital Maintenance Fund (50-000-2604/911500)' to the project account (11-999-9535-205000) to fully fund the project and change ordem for an infield irrigation system and additional sod; and 2) Adopt the following Resolution No. 01-77, Minutes- City Council Ausust 6, 200! - Pase 4 accepting said work as complete, authorize the'recordation of the Notice of Completion and direct the City Clerk to Release the Labor and Materials Bond no sooner than thirty-five days after the date of recordation of the Notice of Completion; and release the 'Faithful Performance Bond no sooner than one year after the date of recordation of the Notice of Completion: RESOLUTION NO. 01-77- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR TUSTIN SPORTS PARK BALLFIELD RENOVATION Approved 12. AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF TUSTIN AND H&D ENTERTAINMENT, INC. Recommendation: Approve Amendment No. 3 between the City and H&D Entertainment, Inc. as recommended by Parks and Recreation Services. Adopted Resolution No. 01-80 13. RESOLUTION NO. 01-80- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR .BIDS FOR WELL PORTABLE GENERATORS Recommendation: Adopt Resolution No. 01-80, approving the specifications for the portable generators (CIP No. 6140) and authorizing and directing the City Clerk to advertise for bids as recommended by the Public Works Departmen~ater Services Division. Adopted Resolution No. 01-81 14. RESOLUTION NO. 01-81 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING NOTICE OF ITS INTENTION TO ENFORCE FEDERAL COMMUNICATIONS COMMISSION CUSTOMER SERVICE STANDARDS FOR CABLE TELEVISION OPERATIONS WITHIN THE CITY Recommendation: Adopt Resolution No. 01-81 providing notice of the City Council's intention to enforce Federal Communications Commission customer service standards for cable television operations within the City as recommended by the City Attomey. Approved 15. CLAIM OF NIOMI JOHNSON; CLAIM NO. 01-32 Recommendation: Deny the claim and direct the City Clerk to. send notice thereof to the claimant and the claimant's attorneys as recommended by the City Attomey. Approved 16. MOTION TO APPROVE A RETAINER AGREEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND DOCUMENTS REGARDING · Minutes - City Council August 6, 2001 - Page 5 Ratified Adopted Ordinance No. 1240 SUBSTITUTION OF COUNSEL WITH COX, CASTLE & NICHOLSON, LLP REGARDING EXISTING LITIGATION, EL TORO REUSE PLANNING AUTHORITY V. COUNTY OF ORANGE Recommendation: Authorize the City Manager to execute the agreement on behalf 'of the City and appropriate documents regarding substitution of Counsel as recommended by the City Attomey. ITEMS REMOVED FROM CONSENT CALENDAR = PLANNING COMMISSION ACTION AGENDA- JULY 23, 2001 Councilmember Bone stated that Item No. 3, Conditional Use Permit 01-010 and Design Review 01-007, A Request for Authorization to Construct a 2,158 Square Foot Coin-Operated Carwash, had been appealed by a member of the public and would be agendized at the August 20, 2001 City Council meeting. It was moved by Bone, seconded by Thomas to ratify the Planning Commission Action Agenda. Motion carried 3-0, Wodey, Kawashima absent. REGULAR BUSINESS (ITEMS 17 THROUGH 19) 17. ORDINANCE NO. 1240 - APPROVING CODE AMENDMENT 00-001 Council concurred to have second reading by title only and adoption of Ordinance No. 1240. Motion carried 3-0, Wodey, Kawashima absent (mil call vote). Bevedey White, Chief Deputy City Clerk mad the following Ordinance No. 1240 by title only: ORDINANCE NO. 1240-'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 00-001, AN AMENDMENT TO TUSTIN CITY CODE ARTICLE 9 CHAPTER 2 BY ADDING SECTIONS 9221 .a.l(j), 9222.a.1(j), 9223.a.1(j), 9224.g.9, 9225.a.1(h), 9225.a.2(j), 9225.b.1 (j), 9225.b.2(k), 9226.a.1(k),9226.a.2(k), 9226.b.2(i), 9226.b.3(k),9226.b.4(i), 9226.b.5(j), 9226.b.6(i), 9227.b.12, 9228.b.4(k), 9228.b.5(j), 9228.c.8, 9231 .b.9, 9232. b(j)(10), ' 9232.b(k)(8), 9232.c(2)(g), 9233.b(7), 9233(c)(m)(10), Minutes- City Council August 6, 2001 - Page 6 9234~b(h), 9234.d(h),. 9234.e(i), 9235.f(9), 9241..c(j), 9242.c(d), 9271.bb, AND 9299.b.(1)(h) RELATED TO DRIVEWAYS STANDARDS, AND AMENDING SECTION 9297 TO INCLUDE DEFINITIONS FOR A DRIVEWAY AND PAVED AREA Council to forward a letter in support of Proposal 3C 18. ORANGE COUNTY REDISTRICTING · It was moved by Doyle, seconded by Bone, to forward a letter in support of Orange County Redistricting Proposal 3C. Motion carded 3-0, Worley and Kawashima absent. Introduced Ordinance No. 1243 19. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA~, AMENDING SECTION 1306 OF THE TUSTIN CITY CODE It was moved by Bone, seconded by Doyle, to introduce and have first reading by title only of Ordinance No. 1243, amending Section 130.6 of the Tustin City Code. Motion carded 3-0, Worley, Kawashima absent. Bevedey White, Chief Deputy City Clerk, read the following Ordinance No. 1243 by title only: ORDINANCE NO. 1243- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1306 OF THE TUSTIN CITY CODE. None PUBLIC INPUT OTHER BUSINESS FEDERAL DISPOSAL Councilmember Doyle complimented Federal Disposal on their customer service. COYOTES Councilmember Bone stated that the city of Orange also had neighborhoods. coyotes in their CABLE COMPETITION Commented on a recent Los Angeles Times newspaper article 'reporting that the Los Angeles City Council had approved cable competition in the city. Minutes- City Council August 6, 2001 - Page 7 LEAGUE'OF CALIFORNIA CITIES ANNUAL"CONFERENCE ... .. ~. ... . .:.~' :. councilmember Bone mP0rted on'.~hiS attendance at.~the League of cities Conference in Monterey and. stated'" items dis~Cfi~sed:~'~'.we~e:: energy,.. ERAF (Educational Revenue Augmenhation Fund), and transportation; and 'the iLeag'ue of Cities websito c~ntained business rebate information. .... MASTER PLAN FOR SENIOR CENTERS Councilmember Bone. remarked .'that 'TUstin"s Senior .Center offered many opportunities and programs for seniom; ~tatod the largest expanding group in the next 10 yearn would be the 80+...~age ~gmup;...'and-"the City shOUld ..analyze'the~'55 age group to determine their needs in the next 10-15 ¥oam. ... .. OUT OF TOWN " .'~ .... Councilmember Thomas stated that he had been out of town for a month and was glad to be'back. ..' ...,'. : ... · . COMMITIEE REPORTS ""' " WATER ADVISORY COUNCIL OF'ORANGE'COUNT¥"0NACO) coUnciimember' Bone stated.'the'Y°ar, ending June""30* report indicated Orange County water usage was down 22,000 acm feet and.. the rainfall was 16.22 inches, 7 inches mom than last year. SOUTHERN CALiFORNIA. ASSOCIATION oF GOVERNMENTS (SCAG) · Counciimember Bone roportod that SCAG's Regional Transportation Improvement .plan was approved by the board and $23 billion would :be:."available.for the counties through' 2006; and Steve Nesson, mprosentative from the Governor's Office, spoke on energy matters and thanked cities for the 11-12% decrease, in energy use. "" ADJOURNMENT- Mayor Pm Tem Thomas adjourned the meeting at. 7.:23. p.m. The' City Council scheduled a special 'meeting on Monday, August 13, 2001, at .1:00 p.m. in the City Council Chamber and the next:..mgular meeting 'of the City. Council....was scheduled., for. Monday, August 20, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. TRAcY V~'i'~S WORLEY,'MAYOR PAMELA STOKER, GITY CLI~RK Minutes - City Council Ausust 6, 200! - Pase 8 MINUTES SPECIAL 'MEETING OF THE CITY COUNCIL CITY OF TUSTIN AUGUST 13, 2001 1:00 p.m. CALL TO ORDER ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Mayor Tracy Wills Worley, Mayor Pm Tern Jeffery M. Thomas, Councilmembers Lou Bone, Mike Doyle, and Tony Kawashima None Pamela Stoker (Absent) Christine Shingleton, Assistant City Manager; Lois Jeffrey, City Attorney; Elizabeth Binsack, Director of Community Development; Karen Peterson, Senior Planner; Beverley White, Chief Deputy City Clerk; and 1 in the audience. None PUBLIC INPUT PUBLIC HEARING (ITEM 1 ) Adopted Interim Ordinance No. 1242 8 EXTENSION OF INTERIM ORDINANCE NO. 1241 FOR OFFICE USE CRITERIA IN THE CENTRAL COMMERCIAL ZONING DISTRICT It was moved by Doyle, seconded by Thomas to 'have first reading by title only and adoption of Interim Ordinance No. 1242. Motion carried 5-0 (mil call vote). Beverley White, Chief Deputy City' Clerk read the following Ordinance No. 1242 by title only: INTERIM ORDINANCE NO. 1242- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING INTERIM ORDINANCE NO. 1241, AMENDING PARAG~PH (g) OF SUBSECTION (a)(1) OF SECTION 9233 OF, AMENDING PAF~GP~PH (y) TO SUBSECTION (c) OF SECTION 9233 OF, AND AMENDING PARAGRAPHS (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 Minutes - City Council Special Meeting Aug 13, 2001 - Page I ADJOURNMENT Mayor Worley adjoumed the meeting at 1:03'P.m. The next regular meeting of the City Council was scheduled for Monday, August 20, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. :. :. ~.~'~ ...TRACY WILLS WO.RLEY, MAYOR. PAMELA STOKER, CITY CLERK Minutes- City co~incil Special Meeting Aug 13, 200'1 - Page 2