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Home My WebLink About03 MINUTES 11-05-015:59 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:06 p.m. Given Given Council Present: Council Absent: MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA OCTOBER 15, 2001 NO. 3 11-5-01 CLOSED SESSION -6'00 P.M. CALL TO ORDER ROLL CALL Mayor Tracy Wills Worley, Mayor Pro Tem Jeffery M. Thomas (arrived at 6:10 p.m.), Councilmembers Lou Bone and Tony Kawashima Councilmember Mike Doyle Pamela Stoker (Absent) William A. Huston, City Manager; Christine Shingleton, Assistant City Manager; Doug Holland, Assistant City Attorney; Beverley White, Chief Deputy City Clerk; and 0 in the audience. PUBLIC INPUT CLOSED SESSION - Mayor Worley announced that the City Council would convene in closed session to confer with the City Attorney regarding (1) 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); (2) Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(3)(B) (claim of Thornton Dickerson), a copy of the claim can be reviewed in the City Clerk's Office; and (3) to confer with the City Attorney pursuant to Government Code Section 54956.9(c) regarding pending litigation (one case). REGULAR MEETING- 7:00 P.M. CALL tO ORDER PLEDGE OF ALLEGIANCE - Councilmember Kawashima INVOCATION - Pastor Jon Spencer, Heartfelt Ministries ROLL CALL Mayor Tracy Wills Worley, Mayor Pro Tem Jeffery M. Thomas, Councilmembers Lou Bone and Tony Kawashima Councilmember Mike Doyle Minutes - City Council October ! 5, 200]. - Page City Clerk: Others Present: Nothing to report on Items 1 and 3; Council provided direction to staff on Item 2 Ed Alvarez, Tustin Chamber'of Commerce, Adrian Morton Various speakers Fabie Combs See above Continued to November 5, 2001 Pamela Stoker William A. Huston, City Manager; Christine Shingleton, Assistant City Manager; Doug Holland, Assistant City Attorney; George Jeffries, City Treasurer; Arlene Marks, Director of Human Resources; Tim Serlet, Director of Public Works; Elizabeth Binsack, Director of Community Development; Doug Anderson, Senior Project Manager; Dana Kasdan, Engineering Services Manager; Steve Foster, Chief of Police; Sam Altowaiji, Field Services Manager; Pat Sanchez, Director of Parks & Recreation; Scott Reekstin, Senior Planner; Beverley White, Chief Deputy City Clerk; and approximately 30 in the audience. CLOSED SESSION REPORT (Agenda Order) Doug Holland, Assistant City Attorney stated there was nothing to report on Items 1 and 3 and that Council provided direction to staff on Item 2. PROCLAMATION - None PUBLIC INPUT Stated a Veterans Day parade would be held on November 11, 2001; thanked Council for supporting the Veterans Day parade in Tustin; thanked the media for a recent newspaper article on the parade; said volunteers and participants were needed; and encouraged everyone attend the parade. The following members of the audience spoke on ocean outfall: Kris Hardeman, 748 Arbolado Drive, Fullerton Jan Vandersloot, 2221 E. 16th Street, Newport Beach Doug Korthof, 1020 Mar Vista, Seal Beach Dennis Baker, 706 ¼ Begonia, Corona del Mar Irwin Haydock, PhD., 11570 Aquamarine Circle, Fountain Valley Larry Porter, 1501 Westcliff Drive, #201, Newport Beach Stated she would be a torch carrier at the 2002 Olympics; and explained how the flame was lit, and her nomination and selection. CLOSED SESSION REPORT PUBLIC HEARING (ITEMS 1 THROUGH 2 ) . ORDINANCE NO. 1232 AND DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY It was moved by Bone, seconded by Thomas, to continue this item to the November 5, 2001 City Council meeting. Minutes- City Council October 15, 2001 -Page 2 Motion carried 4-0, Doyle absent. Continued to February 5, 2002 1 APPEAL OF PLANNING COMMISSION DENIAL OF USE DETERMINATION NOS. 00-001 AND 00-002 (14511 AND 14512 CARFAX DRIVE) It was moved by Bone, seconded by Thomas, to continue this item to the February 5, 2002 City Council meeting. Motion carried 4-0, Doyle absent. CONSENT CALENDAR (ITEMS 3 THROUGH 15 ) Items No. 5 and 8 were removed from the Consent Calendar by Councilmembers Bone and Kawashima, respectively. It was moved by Thomas, seconded by Kawashima to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 4-0, Doyle absent. Approved 1 APPROVAL OF MINUTES- OCTOBER 1,2001 REGULAR MEETING Recommendation: Approve the City Council Minutes of October 1,2001. Approved = APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,161,223.90 and ratify Payroll in the amount of $433,596.71. Received and filed = QUARTERLY INVESTMENT REPORT Recommendation: Receive and file as recommended by the City Treasurer. Received and filed 1 WORKER'S COMPENSATION SELF INSURERS ANNUAL REPORT Recommendation: Receive and file as recommended by the Human Resources Department. Approved = NO COST JOINDER IN AMICUS BRIEF IN SUPPORT OF THE CITY OF SACRAMENTO IN BARDEN V. CITY OF SACRAMENTO Recommendation' Approve No Cost Joinder in Amicus Brief in support of the City of Sacramento as recommended by the City Attorney. Adopted Resolution No. 01-98 and approved staff recommendation 10. CERTIFIED LOCAL GOVERNMENT 2001 GRANT Recommendation by the Community Development Department: 1. Adopt the following Resolution No. 01-98: Minutes- City Council October 15, 200~ -Pa§e 3 1 1 RESOLUTION NO. 01-98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE STATE OFFICE OF HISTORIC PRESERVATION FOR A CERTIFIED LOCAL GOVERNMENT Authorize the Community Development Director or designee as the agent for the City to coordinate, process, and execute all documents within the scope of the grant project; and, Agree that all required local matching funds or in-kind services be provided by the City for the proposal. Received and filed 11. SURPLUS EQUIPMENT SALES REPORT Recommendation' Receive and file as recommended by the Public Works Department/Field Services. Approved 12. APPROVAL OF AMENDMENT NO. 4 TO COOPERATIVE AGREEMENT NO. C-95-993 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROJECTS FUNDED BY MEASURE M Recommendation' Approve Amendment No. 4 to Cooperative Agreement No. C-95-993 with the Orange County Transportation Authority, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City as recommended by the Public Works Department/Engineering Division. Approved 13. AUTHORIZATION TO EXPEND FUNDS- MDS PROJECT Recommendation: Authorize the expenditure of Police Department Salary Savings funds to meet City's 25% funding responsibility as recommended by the Police Department. Adopted Resolution No. 01-100 14. RESOLUTION NO. 01-100- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, IN SUPPORT OF ACTIONS TAKEN BY PRESIDENT BUSH REGARDING THE TERRORIST ATTACKS OF SEPTEMBER 11,2001 Recommendation: Adopt Resolution No. 01-100 supporting the actions taken regarding the terrorist attacks of September 11,2001 as recommended by the Office of the City Clerk. Adopted Resolution No. 01-99 15. RESOLUTION NO. 01-99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT Minutes - City Council October 15, 2001 - Page 4 Ratified Adopted Resolution No. 01-96 Introduced Ordinance No. 1247 OF 2000 Recommendation: Approve the application for Grant Funds for the RBZ Urban Open Space and Recreation Grant Fund Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 and adopt Resolution No. 01-99 to support the grant request as recommended by Parks and Recreation Services. ITEMS REMOVED FROM CONSENT CALENDAR . PLANNING COMMISSION ACTION AGENDA-OCTOBER 8, 2001 Councilmember Bone was concerned that the abatement of illegal signs not include those advertisements that were for non-profit events; and he requested staff designate those separately. It was moved by Bone, seconded by Thomas, to apprOve the October 8, 2001 Planning Commission Action Agenda. Motion carried 4-0, Doyle absent. RESOLUTION NO. 01-96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING FOR ADDITIONAL TEMPORARY PARTIALLY PAID MILITARY LEAVE OF ABSENCE AND CONTINUATION OF BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES Councilmember Kawashima thanked staff for assisting City employees called to active duty. It was moved by Kawashima, seconded by Thomas, to adopt Resolution No. 01-96. Motion carried 4-0, Doyle absent. REGULAR BUSINESS (ITEMS16 THROUGH 17) 16. APPROVAL OF PERMIT PARKING AND ORDINANCE NO. 1247 AMENDING CITY CODE SECTION 5331n TO DESIGNATE THE FOLLOWING STREETS FOR PARKING BY PERMIT ONLY: NORTH SIDE OF MAIN STREET BETWEEN PASADENA AVENUE AND PACIFIC STREET; LORELIE LANE; AND MYRTLE AVENUE, MEDALLION AVENUE, CALIFORNIA STREET, PACIFIC STREET AND CORLA, NORTH OF MCFADDEN AVENUE It was moved by Thomas, seconded by Kawashima, to introduce and have first reading by title only of Ordinance Minutes- City Council October 15, 2001 -Page 5 No. 1247. Pamela Stoker, City Clerk, read the following Ordinance No. 1247 by title only: ORDINANCE NO. 1247- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CITY CODE SECTION 5331n TO DESIGNATE THE FOLLOWING STREETS FOR PARKING BY PERMIT ONLY: NORTH SIDE OF MAIN STREET BETWEEN PASADENA AVENUE AND PACIFIC STREET; LORELIE LANE; AND MYRTLE AVENUE, MEDALLION AVENUE, CALIFORNIA STREET, PACIFIC STREET,AND CORLA, NORTH OF MCFADDEN AVENUE Motion carried 4-0, Doyle absent. Adopted Resolution No. 01-97 17. CITY OF TUSTIN LIMITED OBLIGATION IMPROVEMENT BONDS REASSESSMENT DISTRICT 95-1 It was moved by Thomas, seconded by Bone, to adopt the following Resolution No. 01-97: RESOLUTION NO. 01-97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT'TO EXCEED $2,245,000 AGGREGATE PRINCIPAL AMOUNT OF TUSTIN LIMITED OBLIGATION IMPROVEMENT BONDS REASSESSMENT DISTRICT NO. 95-2 (TUSTIN P~NCH), FIXED F~TE BONDS, GROUP FOUR, APPROVING THE EXECUTION AND DELIVERY OF A FIFTH SUPPLEMENTAL FISCAL AGENT AGREEMENT, A BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE AGREEMENT (SERIES E), AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO Motion carried 4-0, Doyle absent. Mayor Worley recessed the City Council meeting to the Tustin Public Financing Authority Special Meeting at 8:01 p.m. The City Council meeting reconvened at 8:02 p.m. None PUBLIC INPUT Minutes- City Council October ! 5,200]. - Pase 6 OTHER BUSINESS BOY SCOUTS Councilmember Bone stated he had attended a meeting with Boy Scouts working toward their civics merit badge. AT&T Councilmember Bone commented on the poor sound and picture quality of the Council meeting broadcasts by'AT&T. COUNCILMEMBER DOYLE The City Council wished Councilmember Doyle a speedy recovery. YOUTH ACTION TEAM Councilmember Kawashima said the Youth Action Team had recently conducted a fundraising dance; and stated the team had raised money for the Harvest Food Bank. EVERY FIFTEEN MINUTES GROUP Councilmember Kawashima requested agendizing a presentation by Every Fifteen Minutes group. MAYOR SELECTION Councilmember Kawashima requested agendizing the Mayor selection. Mayor Worley responded that the selection would be agendized at the December 3, 2001 meeting. VETERANS DAY PARADE Mayor Pro Tem Thomas clarified that Council had not voted on conducting the Veterans Day parade in Tustin; stated Council did support veterans; requested the City be more involved in future parades; noted the resources that would be used for this year's parade; asked that it be looked at as a budget item and requested future parades be community eventS. Mayor Pro Tem Thomas commented on a drapery business that was making flags and shirts and would be sending sale proceeds to the World Trade Center victims; and requested the business owner be included in the Veterans Day parade. TUSTIN POST OFFICE Mayor Worley noted that the Tustin Post Office had been closed briefly because of suspicious mail which turned out to contain a powder from broken vitamins. Minutes - City Council October 15, 2001 - Page 7 TILLER DAYS COMMITTEE Mayor Worley thanked Cherrill Cady and the Tiller Days. Committee for their hard work; commented that the parade included approximately 120 entries; romarked Tiller Days had been successful; stated the flag carried in the Tiller Days parade would be draped on the northern hangar at the base so planes arriving at John Wayne Airport could see it; thanked Tommy McCrakin for bringing the flag to Council's attention; and requested proclamations be given to the Tiller Days Committee. DESHAUN FOSTER Mayor Worley stated that DeShaun Foster had set a UCLA record for rushing; and is a Heisman Trophy candidate. JOHN WAYNE AIRPORT Mayor Worley said Tustin had joined a coalition of cities regarding extending John Wayne Airport noise and curfew restrictions. COMMITTEE REPORTS SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Councilmember Bone stated SCAG had approved a study of air space over Southern California and it would take approximately 2 years to complete. Councilmember Bone commented that SCAG examined and approved a study to use the Pacific Electric rail corridor for the light rail system from Long Beach and Norwalk to Anaheim. MAGLEV Councilmember Bone said Maglev was investigating two routes; one route was from Los Angeles International Airport to San Clemente and the other was from Los Angeles Intemational Airport to Ontario. HIGH SPEED RAIL Councilmember Bone noted that high speed rail program funds had been cut and commented on a letter from Mayor Worley regarding the high speed rail system. WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO) Councilmember Bone stated that h'e had attended a presentation by WACO on contaminated water; assurod the public them was no problem with the water; and water facilities were on 24-hour security watch. Minutes - City Council October :~ 5, 200! - Pa§e 8 GROUND WATER REPLENISHMENT Councilmember Bone said the Ground Water Replenishment System pipeline would be started in 2002. FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY Mayor Worley reported on a new Transportation Corridors Agency Foothill South Toll Road and stated the new mad would be an extension of the 261 Toll Road. ORANGE COUNTY LIBRARY BOARD Councilmember Kawashima stated the Library Board met recently and agreed to authorize $1.2 million for computer upgrades; and noted library attendance in Orange County was up 4%. ADJOURNMENT- Mayor Wodey adjourned the meeting at 8:17 p.m. The next regular meeting of the City Council was scheduled for Monday, November 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 October 15, 2001 -Page 9