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Home My WebLink About02 MINUTES 11-19-015:00 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:00 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA NOVEMBER 5, 2001 NO. 2 11-19-01 CLOSED SESSION - 5'00 P.M. CALL TO ORDER ROLL CALL Mayor Tracy Wills Worley, Mayor Pro Tem Jeffery M. Thomas, Councilmembers Lou Bone and Tony Kawashima Councilmember Mike Doyle Pamela Stoker (Absent) William A. Huston, City Manager; Lois Jeffrey, 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); and (2) to confer with the City Attorney pursuant to Government Code Section 94956.9(b) and (c), significant exposure to litigation and initiation of litigation (3 cases). REGULAR MEETING- 7'00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Mayor Pro Tem Thomas INVOCATION - Councilmember Bone ROLL CALL Mayor Tracy Wills Worley, Mayor Pro Tem Jeffery M. Thomas, Councilmembers Lou Bone and Tony Kawashima Councilmember Mike Doyle Pamela Stoker William A. Huston, City Manager; Christine Shingleton, Assistant City Manager; Lois Jeffrey, City Attorney; George Jeffries, City Treasurer; Ron Nault, Director of Finance; Arlene Marks, Director Minutes-City Council November 5, 2001 - Page I None Anthony Trujillo 2001 Kingsboro Circle Tustin Bob Aris, Allen Amundson Tustin Pride Committee Adopted Resolution No. 01-102 and introduced Ordinance No. 1246 of Human Resources; Tim Serlet, Director of Public Works; Elizabeth Binsack, Director of Community Development; Fred Wakefield, Police Captain; Joe Meyers, Administrative Support Services Manager; Dana Kasdan, Engineering Services Manager; Sam Altowaiji, Field Services Manager; Dave Wilson, Recreation Services Supervisor; Scott Reekstin, Senior Planner; Beverley White, Chief Deputy City Clerk; and approximately 15 in the audience. CLOSED SESSION REPORT PROCLAMATION - None FIRST PUBLIC INPUT Questioned how the selection to the Board of Directors for Orange County Transportation Authority was made and why Tustin was not represented. Gave a report on the Angels in Tustin program and thanked staff and all the volunteers who helped on the recent project. PUBLIC HEARING (ITEMS 1 THROUGH 2 ) CODE AMENDMENT 01-004 - SIGN REMOVAL COST RECOVERY Mayor Worley opened the public hearing at 7:06 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Thomas, seconded by Kawashima, to adopt the following Resolution No. 01-102' RESOLUTION NO. 01-102- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 01-004 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 4-0, Doyle absent. It was moved by Thomas, seconded by Bone, to have first reading by title only and introduction of Ordinance No. 1246. Motion carried 4-0, Doyle absent. Pamela Stoker, City Clerk, read the following Ordinance No. Minutes- City Council November 5, 200:[ - Pa§e 2 Continued to November 19, 2001 Approved Approved Adopted Resolution No. 01-104 and 01-105 1246 by title only: ORDINANCE NO. 1246- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SUBSECTION g OF SECTION 9405 OF THE TUSTIN CITY CODE RELATING TO ABATEMENT OF ILLEGAL SIGNS IN THE PUBLIC RIGHT-OF-WAY . 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 19, 2001 City Council meeting. Motion carried 4-0, Doyle absent. CONSENT CALENDAR (ITEMS 3 THROUGH 12 ) It was moved by Thomas, seconded by Kawashima, to approve the Consent Calendar as recommended by staff. Motion carried 4- 0, Doyle absent. , APPROVAL OF MINUTES- OCTOBER 15, 2001 REGULAR MEETING Recommendation: Approve the City Council Minutes of October 15, 2001. 1 APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,726,113.20 and ratify Payroll in the amount of $879,099.88. 5~ FINAL TF~CT MAP 15993 (TUSTIN P~NCH ESTATES) Recommendation by the Community Development Department: · Adopt the following Resolution No. 01-104 accepting an easement from the County of Orange for street and highway purposes: RESOLUTION NO. 01-104- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING AN EASEMENT DEED GRANTED TO THE CITY OF TUSTIN BY THE COUNTY OF ORANGE FOR PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR STREET AND HIGHWAY PURPOSES 2. Adopt the following Resolution No. 01-105 approving Final Tract Map 15993' Minutes - City Council November 5, 2001 - Page 3 Approved staff recommendation Adopted Resolution No. 01-103 Approved staff recommendation Adopted Resolution No. 01-101 Approved RESOLUTION NO. 01-105- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP 15993 TO SUBDIVIDE AN 18.95 ACRE SITE INTO TWENTY-TWO (22) NUMBERED LOTS AND FOURTEEN (14) LETTERED LOTS FOR DEVELOPMENT OF TVVENTY-TWO (22) RESIDENTIAL UNITS , CRIME SCENE INVESTIGATION (CSl)VEHICLE PURCHASE Recommendation: 1) Authorize the Police Department to enter into a contract with The Mattman Company-Specialty Vehicles Division for the purchase of a Crime Scene Investigations Vehicle at a cost of $108,388.00; and 2) authorize the Police Department to purchase specialized equipment for this vehicle not to exceed the remaining $22,762.00 of the grant funds. The specialized equipment will be used for the collection, storage, identification, preservation and examination of evidence from crime scenes collected by technicians assigned to conduct CS I for the Department as recommended by the Police Department. , RESOLUTION NO. 01-103- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORK OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION WATER SERVICES MAINTENANCE FACILITY- PROJECT NO. 6143 Recommendation: Adopt Resolution No. 01-103 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. Sm USED VEHICLE PURCHASE Recommendation' 1) Authorize the purchase of a 2000 Chevrolet Astro Van at a total cost of $18,965; and 2) Authorize the purchase of a 2001 Pontiac Bonneville at a total cost of $20,550 as recommended by the Police Department. . RESOLUTION NO. 01-101 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE REVISED CITY OF TUSTIN EMERGENCY PLAN Recommendation: Adopt Resolution No. 01-101 approving the City's Emergency Plan as recommended by the Public Works Department/Engineering Division. 10. CLAIM OF SHEILA HOMER; CLAIM NO. 01-42 Minutes- City Council November 5, 200! - Page 4 Approved Approved staff recommendation Introduced Ordinance No. 1249 Adopted Ordinance No. 1247 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 Attorney. 11. CLAIM OF CHRISTOPHER WENDELL; CLAIM NO. 01-39 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 Attorney. 12. AWARD OF CONTRACT TO PROVIDE METER READING SERVICES TO THE CITY'S WATER UTILITY Recommendation: 1) Authorize the Finance Director to sign a five year agreement to provide Meter Reading and other customer services, as outlined in the City's request for Proposal, with American States Water Company for an estimated annual cost of $76,000; and 2) Appropriate $6,000 from the Unappropriated Fund Balance of the Water Enterprise fund to account no. 70-451-6036 as recommended by the Finance Director. REGULAR BUSINESS ( ITEMS 13 THROUGH 16) 13. REPEAL OF TUSTIN CITY CODE SECTIONS REGULATING TOW TRUCK OPERATORS It was moved by Thomas, seconded by Kawashima, to have first reading by title only and introduction of Ordinance No. 1249. Motion carried 4-0, Doyle absent. Pamela Stoker, City Clerk, read the following Ordinance No. 1249 by title only: ORDINANCE NO. 1249- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING SECTIONS 3431 - 3436 OF CHAPTER 4, PART 3 OF THE TUSTIN CITY CODE RELATING TO TOW TRUCKS 14. 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 have second reading by title only and adoption of Ordinance No. Minutes - City Council November 5,200:!. - Page 5 Introduced Ordinance No. 1250 Continued for 30 days Don Shubin, Federal Disposal Service 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 (roll call vote). 15. TUSTIN CITY CODE SECTION 5330, ET SEQ.- TRAFFIC REGULATIONS USE OF STREETS FOR STORAGE OF VEHICLES PROPOSED CODE AMENDMENT AND ADDITIONS It was moved by Thomas, seconded by Kawashima, to have first reading by title only and introduction of the following Ordinance No. 1250. Motion carried 4-0, Doyle absent. Pamela Stoker, City Clerk, read the following Ordinance No. 1250 by title only: ORDINANCE NO. 1250- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 5, CHAPTER 3, SECTION 5300, ET SEQ. OF THE TUSTIN CITY CODE PERTAINING TO TRAFFIC REGULATIONS 16. TUSTIN HIGH SCHOOL "EVERY FIFTEEN MINUTES" PROGRAM It was moved by Thomas, seconded by Bone, to continue this item for 30 days. Motion carried 4-0, Doyle absent. SECOND PUBLIC INPUT Spoke on a recent newspaper article which explained the method used by the State of California to measure landfill diversion rates; stated that Tustin, along with many other Orange County cities Minutes - City Council November 5, 200:[ - Pa§e 6 reported below the state mandated 50% diversion rate based on an inaccurate 1989 base year figure; and that Federal Disposal Service was performing a waste generation study which would re- establish a more accurate baseline figure to use in future diversion rate calculations. OTHER BUSINESS VETERANS DAY PARADE Councilmember Bone reported the First Veterans Day Parade would be held in Tustin on November 11,2001, and stated the parade needed a band. Mayor Worley noted the Veterans Day Parade would be held on November 11,2001, and DeShaun Foster would be riding in the parade. COUNCILMEMBER DOYLE Councilmember Kawashima and Mayor Worley wished Councilmember Doyle a speedy recovery. TUSTIN MEADOWS Councilmember Kawashima stated he and staff had met with Tustin Meadows board members regarding an inaccurate rumor that the City would be purchasing a street in their neighborhood. MYRTLE AVENUE Councilmember Kawashima said residents on Myrtle Avenue were complaining about speeding cars. SPORTS FIELDS Councilmember Kawashima remarked on the need for lighted sports fields in the City. DINOSAUR DASH Councilmember Kawashima noted the great turnout for the Dinosaur Dash event. Mayor Worley stated the Dinosaur Dash had more participants this year than in previous years. COUNCIL TERM Councilmember Kawashima stated he had been elected to Council one year ago; said it had been a challenging year; and thanked staff, fellow Council, and citizens for their support during the year. Minutes - City Council November 5,200~. - Page 7 SKATEBOARD PARK Mayor Worley remarked that the skateboard park at Frontier Park was to be fast-tracked and noted children were excited about the proposal. AT&T Mayor Worley announced that AT&T was raising rates in January. COUNCIL MEETING Mayor Worley requested the December 17, 2001 Council meeting be cancelled. ECONOMY Mayor Pro Tem Thomas remarked on the lack of children trick or treating on Halloween; stated that business in the City was down since September 11, 2001; and encouraged everyone to get back to their normal routines and support businesses and restaurants. WORLD SERIES Mayor Pro Tem Thomas commented on the World Series. COMMITTEE REPORTS WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO) Councilmember Bone stated WACO gave a presentation on water indicating the water quality was good; and 'he noted that water usage in Tustin was down. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Councilmember Bone said that he had been appointed to the Maglev Task Force Committee; and stated the FAA would be making a presentation to SCAG regarding the proposed El Toro airport. HOLIDAY TRAIN Councilmember Bone announced that it was mentioned at the Orange County Council of Governments that the Santa Holiday train would be stopping at the city's new rail station on December 14, 2001. ORANGE COUNTY SANITATION BOARD Councilmember Kawashima noted his attendance at an Orange County Sanitation Board workshop and requested agendizing a presentation on biosolids. Minutes - City Council November 5, 2001 - Page 8 URBAN RUNOFF Councilmember Kawashima requested Tustin become more aggressive on the urban runoff issue. ADJOURNMENT - Mayor Worley adjourned the meeting at 7:42 p.m. The next regular meeting of the City Council was scheduled for Monday, November 19, 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 November 5, 2001 - Page 9