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