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Home My WebLink AboutCC MINUTES 2001 11 195:30 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 19, 2001 CLOSED SESSION- 5:30 P.M. CALL TO ORDER ROLL CALL Mayor Tracy Wills Worley, Mayor Pro Tem Jeffery M. Thomas (arrived at 5:40 p.m.), Councilmembers Mike Doyle, Lou Bone and Tony Kawashima None 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); (2) Significant Exposure to litigation, Government Code Section 54956.9(b) (claims of Arthur Masaoka and Amy Harchol), the claims may be reviewed in the. City Clerk's Office; and (3) Conference with Real Property Negotiator (Government Code Section 54956.8). Property: 1021 EdingerAvenue, abandoned RR spur (Assessor Parcel No. 430-252-07), 1221 Edinger Avenue, 1221 Edinger Avenue, and 1231 Edinger Avenue. Negotiators: Assistant City Manager or Designee (City) and Tustin Community Redevelopment Agency, AA&E Pacific Park Associate, Dr. Herbert Kaufman, Sammual Russell Trust, and George Young and William Young (Property Owners or Agents). Under negotiation: Price and terms of payment. REGULAR MEETING - 7'00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilmember Mike Doyle INVOCATION - Captain Lee Lescano, Salvation Army Church ROLL CALL Mayor Tracy Wills Worley, Mayor Pro Tem Jeffery M. Thomas, Councilmembers Mike Doyle, Lou Bone and Tony Kawashima None 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 · of Human Resources; Elizabeth Binsack, Director of Community Development; Steve Foster, Chief of Police; Doug Anderson, Senior Project Manager; Pat Sanchez, Director of Parks & Recreation; Khanh Nguyen, Building OffiCial; Scott Reekstin, Senior Planner; Justina Willkom, Associate Planner; Carol Ruane, Senior Human Resources Analyst; Marilyn McLaughlin, Minutes - City Council November :!.9, 200:[ - Pase 1 Denied claims of Arthur Masaoka and Amy Harchol. Presented Presented None Recreation Coordinator; Beverley White, Chief Deputy City Clerk; and approximately 35 in the audience. CLOSED SESSION REPORT- Lois Jeffrey, City Attorney announced that the City Council unanimously voted to deny the claims of Arthur'Masaoka and Amy Harchol and directed the City Clerk to send notice thereof to the claimants and the claimants attorneys. PROCLAMATION -Tustin Tiller Days COmmittee; and Tommy McCraken and Tom Pascoe, Flag Donation PRESENTATION- (1) Holiday Blood Drive; (2) Biosolids FIRST PUBLIC INPUT PUBLIC. HEARING ( ITEM 1 ) I. CONTINUED PUBLIC HEARING FOR ORDINANCE NO. 1232 AND DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY Mayor Worley opened the Public Hearing at 7:28 p.m. The following member of the audience spoke in opposition to Ordinance No. 1232 and Design Guidelines for Aboveground Utility FaCilities on Public Properties and in the Public Right-of-Way: Leslie Daigle, Verizon Wireless The following member of the audience spoke in favor of Ordinance No. 1232 and Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-Way: Kim Scherer, Southern California Edison There were no other speakers and the Public Hearing was closed at 7'37 p.m. It was moved by Thomas, seconded by Kawashima, to adopt the following Resolution No. 01-93' RESOLUTION NO. 01-93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION AS ADEQUATE FOR THE ADOPTION OF ORDINANCE NO. 1232 AND THE DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY Motion carried 5-0. It was moved by Thomas, seconded by Kawashima, to have first reading by title only of Ordinance No. 1232. Motion carried 5-0. Pamela Stoker, City Clerk, read the following Ordinance No. 1232 by title only: ORDINANCE NO. 1232- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, Minutes- City Council November 19, 2001 - Page 2 AMENDING PART 6, CHAPTER 2 OF ARTICLE 7 OF THE TUSTIN CITY CODE TO ESTABLISH DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN'THE PUBLIC RIGHT-OF-WAY It was moved by Thomas, seconded by Kawashima, to adopt the following Resolution No. 01-95' RESOLUTION NO. 01-95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING RESOLUTION NO. 99-84 BY ADOPTING DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES AND THEIR ACCESSORY EQUIPMENT ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF- WAY Motion carried 5-0. 800-05 CONSENT CALENDAR (ITEMS 2 THROUGH 11 ) Councilmember Doyle announced he would abstain on Consent Calendar Items No. 2 and 3. It was moved by Thomas, seconded by Kawashima, .to approve the Consent Calendar as recommended by staff. Motion carried 5-0. Approved 2. APPROVAL OF MINUTES - NOVEMBER 5, 2001 REGULAR MEETING Recommendation' Approve the City Council Minutes of November 5, 2001.. Approved 3. APPROVAL OF DEMANDS Recommendation: Approve Demands in the amount of $1,826,019.70. Approved Approved Adopted 01-107 Resolution No. 1 . 4. HOLD HARMLESS AGREEMENT WITH TUSTIN UNIFIED SCHOOL DISTRICT REGARDING EXISTING WATERLINE EASEMENT AT RED HILL ELEMENTARY SCHOOL Recommendation' Approve the Hold Harmless Agreement with Tustin Unified School District and authorize the Mayor and the City Clerk to execute said agreement as recommended by the Public Works Department/Water Division. 400-10 5. CONTRACT AMENDMENT FOR CUSTODIAL SERVICES WITH PACIFIC BUILDING CARE Recommendation' Approve the third amendment to the contract Agreement with Pacific Building Care for the City of Tustin's custodial services as recommended by the Public Works Department/Engineering Division. 400- 10 6. RESOLUTION NO. 01-107- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR TRAFFIC SIGNAL INSTALLATION AT PIONEER ROAD AND PIONEER WAY (CIP NO. 4060) Recommendation Adopt Resolution No. 01-107 accepting the installation of the traffic signal at Pioneer Road and Pioneer Way and authorizing the recordation of the Notice of Completion, and direct the City Clerk to: 1. Release the Labor and Materials Bond not sooner than thirty-five (35) days .after the date of recordation of the Notice of Completion; and 2. Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion. Assuming no claims or stop notices are filed, 35 days after the date of recordation of the Notice Minutes - City Council November 19, 2001 - Page 3 Adopted Resolution No. 01-110 Adopted Resolution No. 01-108 Adopted Resolution No. 01-109 and approved staff recommendation Approved of Completion, the City Council authorize payment of the final 10% retention in the amount of $12,970.91 to F. J. Johnson, Inc. as recommended by the Public Works Department/Engineering Division. Adopted Resolution 01-110 7. RESOLUTION NO. 01-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING PARTICIPATION AND CONTINUATION IN THE ORANGE COUNTY SERVICE AUTHORITY FOR ABANDONED VEHICLES Recommendation' Adopt Resolution No. 01-110, supporting the ten-year continuation of the abandoned vehicle abatement program and plan adopted and implemented by the Orange County Service Authority for Abandoned Vehicles as recommended by the Community Development Department. RESOLUTION NO. 01-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR AUTHORIZED DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT I WITH THE OWNERS OF .THE PROPERTY LOCATED AT 365 WEST SIXTH STREET, TUSTIN, CALIFORNIA Recommendation: Adopt Resolution No. 01-108 authorizing the execution of an Historic Property Preservation Agreement (Mills Act Contract) with Kenneth and Barbara Ezell, the owners of the residence located at 365 West Sixth Street as recommended by the Community Development Department. Adopted Resolution 01-109 and approved staff recommendation 9. AMEND THE CITY'S CLASSIFICATION AND COMPENSATION PLANS AND APPROVE TRAINING PAY FOR CERTAIN CLASSIFICATIONS IN THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION Recommendation by the Human Resources Department: 1. Adopt the revised class specification for the classification of Property and Evidence Technician/Property and Evidence Leadworker. 2. Adopt the following Resolution No. 01-109 amending the City's Classification and Compensation Plans to increase the compensation of Property and Evidence Leadworker by one percent (1%) effective at the beginning of the pay period closest to November 19, 2001: RESOLUTION NO. 01-109- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLANS 3. Authorize the City to establish training pay for eligible employees of the TPSSA bargaining unit in an amount not to exceed $50.00 per month. 10. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Recommendation' 1. Authorize the use of City AB 2766 fund for the Tustin Commuter Rail Station; and 2. Authorize the City Manager to approve additional AB 2766 expenditures, consistent with Air Quality Management District guidance, throughout the 2001/2002 program year 400-45 390-60 670-05 400-10 520-20 Minutes- City Council November 19, 2001 - Page 4 Ratified Adopted Ordinance No. 1250 Adopted Ordinance No. 1249 Adopted Resolution No. 01-111 and adopted Ordinance No. 1246 as needed as recommended by the Community Devlelopment Department. 11. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 13, 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 November 13, 2001. REGULAR BUSINESS ( ITEMS 12 THROUGH 14 ) 12. ORDINANCE NO. 1250 - TRAFFIC REGULATIONS It was moved by Thomas, seconded by Kawashima, to have second reading by title only and adoption of Ordinance No. 1250. Motion carried 5-0 (roll call vote). 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 13. ORDINANCE NO. 1249 - TOW TRUCKS It was moved by Thomas, seconded by Bone, to have second reading by title only and adoption of Ordinance No. 1249. Motion carried 5-0 (roll call vote). 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. ESTABLISHMENT OF SIGN REMOVAL RECOVERY FEES AND ORDINANCE NO.1246 - AMENDING CITY CODE SECTION 9405g It was moved by Thomas, seconded by Kawashima, to adopt the following Resolution No. 01-111. RESOLUTION NO. 01-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING THE RECOVERY COSTS ASSOCIATED WITH THE REMOVAL AND DISPOSAL OF ILLEGAL SIGNS ON PUBLIC PROPERTY OR EASEMENTS Motion carried 5-0. It was moved by Thomas, seconded by Kawashima, to have second reading by title only and adoption of Ordinance No. 1246. Motion carried 5-0 (roll call vote). Minutes - City Council November 19, 200:1 - Pase 5 235-05 760-95 270-55 Pamela Stoker, City Clerk, read the following Ordinance No. 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 680-95 None SECOND PUBLIC INPUT OTHER BUSINESS ADJOURN MEETING IN MEMORY OF FRANK BUSA Councilmember Doyle requested adjourning the meeting in memory of his good friend, Frank Busa, who passed away suddenly. HOSPITAL STAY Councilmember Doyle remarked on his recent hospital stay and thanked everyone for their good wishes. VETERANS DAY PARADE Councilmember Doyle thanked staff for their work on a great Veterans Day parade. Councilmember Bone said the Veterans Day parade was a great event and thanked staff on a job well done and commented on the flag folding and the significance of each fold of the flag. Councilmember Kawashima stated the Veterans Day Parade was a' great event and suggested erecting a memorial flagpole at Peppertree Park. Mayor Pro Tem Thomas noted how emotional the Veterans Day parade had been. COUNCILMEMBER DOYLE The City Council welcomed Councilmember Doyle back. STATE BUDGET Councilmember Bone stated he and the Mayor had attended a League of California Cities meeting and reported that the state general fund spending was up but that city spending was down. Mayor Pro Tem Thomas commented on the state budget and how hard cities were impacted by the state taking money away and encouraged residents to voice their displeasure over the practice to Representative John Campbell. WATER CONSERVATION Councilmember Kawashima spoke on literature regarding a free program on water conservation. COLUMBUS TUSTIN PARK Councilmember Kawashima reported on a meeting he and the Mayor had with Tustin Unified School Board officials regarding improvements at Columbus Tustin Park. TREE LIGHTING CEREMONY Mayor Worley, Mayor Pro Tem Thomas and Councilmember Kawashima reminded everyone that November 30 was the Tree Lighting Ceremony in Old Town. Minutes - City Council November 19, 2001 - Page 6