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HomeMy WebLinkAboutCC MINUTES 1999 09 20 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA SEPTEMBER 20, 1999 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Worley at 7:04 p.m. in the Council Chamber, 300 "" Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember ! Doyle and the Invocation was given by Pastor Dane Counts, Kings Way Church. ROLL CALL Council Present: Tracy Wills Worley, Mayor Mike Doyle Thomas R. Saltarelli Council Absent: Jeffery M. Thomas Jim Potts City Clerk: Pamela Stoker Others Present: Christine Shingleton, Assistant City Manager Lois Jeffrey, City Attorney George Jeffries, City Treasurer Elizabeth Binsack, Director of Community Development Steve Foster, Chief of Police Tim Serlet, Director of Public Works Ronald A. Nault, Finance Director Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager ~-. Rita Westfield, Asst. Director, Community Development i Valerie Crabill, Chief Deputy City Clerk Doug Anderson, Senior Project Manager Bettie Correa, Senior Personnel Analyst Brad Evanson, Assistant Planner Karen Peterson, Acting Senior Planner Approximately 40 in the audience PROCLAMATION Fire Prevention Week - Mayor Worley read and presented a proclamation recognizing the week of October 3-9, 1999, as Fire Prevention Week. Battalion Chief Butch Cleveland accepted the proclamation on behalf of the Orange County Fire Authority and invited residents to attend an Open House at their local fire station on October 9th. John Bart "Jack" Duesler -Mayor Worley read and presented a proclamation to Jack Duesler recognizing his role in returning a lost, expensive watch to its owner; and she presented him with a $1,000 savings bond given by the owner, who asked to remain anonymous. Jack Duesler thanked the City Council and the owner for the recognition. PRESENTATION Groundwater Replenishment System - Ron Wildermuth, representing the Orange County Water District, gave an overhead presentation regarding the Groundwater Replenishment System, a joint Orange County Sanitation District project to provide a new source of water by purifying wastewater into distilled water quality using' microfiltration, reverse osmosis and ultraviolet disinfection. Council/speaker discussion followed regarding cost of imported water, water shortages, and lack of reservoir construction within the State. Minutes - City Council September 20, 1999 - Page I PUBLIC INPUT Street Name Change - [Marjorie Gorrie, 10511 Terrace View, Santa Ana; Joan Threadgill, 1963 Trotter Trail, Norco; Dawn Alvafez, 1202 N. Linwood, Santa Ana; and Jack Romero, 1211 S.E. Skyline, Santa Ana: requested a street name change from Bruno Drive to Bruns Drive due to misspelling the name of Korean War veteran, John Bruns. Elizabeth Binsack, Director of Community Development, responded that the matter would be returned for Council action following completion of the Bruno Drive residential survey. Councilmember Saltarelli assured the speakers that Mr. Bruns would be memorialized with a street naming. PUBLIC HEARING ( ITEM 1 ) 1. APPEAL OF USE DETERMINATION 99-002 (APPELLANT: A.G. KAWAMURA, ORANGE COUNTY PRODUCE) Elizabeth Binsack, DirectOr of Community Development, reported that Use Determination 99-002 was a request to establish agricultural operations on vacant land between Del Amo Avenue and the 55 Freeway, the property was located within the South Central Redevelopment Area and the Office and Regional Center Land Use Designations of the Pacific Center East Specific Plan, these land use designations provided for a variety of commercial and office uses, and agricultural operations were not permitted or conditionally permitted uses within the Specific Plan. She stated that the Planning Commission denied the Use Determination, established findings in support of that decision, and the detailed findings were stated in Planning Commission Resolution No. 3685 as submitted for City Council consideration. She noted that the Planning Commission found that agricultural uses at that location were inconsistent with the purpose of the Specific Plan which encouraged development of services, facilities and infrastructure to support the buildout of the area with office, commercial, and technological uses. A series of planting and harvesting cycles would establish a permanent use which was inconsistent with the purpose and intent of the Specific Plan; and stated that the property owner was not precluded from developing the site with the varied permitted or conditionally permitted uses. Councilmember Doyle/staff discussion followed regarding definition of permanent use, development intentions of the property owner, expressed interest from numerous developers and major retailers regarding the property, and the property owner's apparent lack of response to those inquiries. Mayor Worley opened the Public Hearing at 7:40 p.m. The following member of the audience spoke in favor of Use Determination 99-002: A.G. Kawamura, Orange County Produce There were no other speakers and the Public Hearing was closed at 7:45 p.m. Councilmember Saltarelli stated that during the recession, interest and activity regarding the site were limited; with an improved economy, it was anticipated that improvements for that sector of the Specific Plan would be forthcoming in the near future; there was not sufficient evidence to overturn the Planning Commission's decision; generally interim uses were utilized for property where development was not planned for a significant period of time; the City was nearing the end of a time frame for potential development of the property; and agriculture was not a permitted use in the Specific Plan. It was moved by Saltarelli, seconded by Worley, to adopt the following Resolution No. 99-76: RESOLUTION NO. 99-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DENYING THE APPEAL OF USE DETERMINATION 99-002 AND DETERMINING THAT AGRICULTURAL USES ARE PROHIBITED WITHIN THE Minutes - City Council September 20, 1999 - Page 2 REGIONAL CENTER AND OFFICE CENTER LAND USE DESIGNATIONS IN THE PACIFIC CENTER EAST SPECIFIC PLAN Mayor Worley commented that the City was attempting to attract retailers and developers to that area and responses were favorable, the City was moving in a forward direction regarding the site, and establishing an agricultural use at this time did not seem feasible. Christine Shingleton, Assistant City Manager, responding to questions from the City Council regarding the timeline for construction of the Newport Avenue underpass, ._. emphasized that land use issues were not related to potential roadway alignments or improvements in the area, consideration of this Use Determination was strictly a land use issue, and compliance with the Specific Plan was required. Councilmember Doyle stated he believed the property owner was being uncooperative, commented on the length of time the property had been vacant, and requested staff contact the property owner regarding lack of response to development inquiries. Motion carried 3-0, Thomas and Potts absent. 610-40 CONSENT CALENDAR ( ITEMS 2 THROUGH 15 ) It was moved by Doyle, seconded by Saltarelli, to approve the Consent Calendar as recommended by the staff. Motion carried 3-0, Thomas and Ports absent. 2. APPROVAL OF MINUTES- SEPTEMBER 7, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of September 7, 1999. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,805,515.08 and ratify Payroll in the amount of $396,835.41. ! 4. PLANNING COMMISSION ACTION AGENDA - SEPTEMBER 13, 1999 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 September 13, 1999. 5. RESOLUTION NO. 99-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR HERITAGE PARK (PROJECT NO. 400042) Recommendation: Adopt Resolution No. 99-80 accepting said work as complete, authorize the recordation of the Notice of Completion, and direct the City Clerk to (1) Release the security deposit as per the escrow agreement pursuant to Section 22300 of the Public Contract Code no sooner than thirty-five (35) days after the date of the recordation of the Notice of Completion, and (2) Release the Faithful Performance Bond no sooner than one (1) year after the date of the recordation of the Notice of Completion as recommended by Parks and Recreation Services. 920-35 6. RESOLUTION NO, 99-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 99-3 i , Recommendation: Adopt Resolution No. 99-77 approving Lot Line Adjustment No. 99- 3 as recommended by the 'Public Works Department/Engineering Division. 600-35 7. RESOLUTION NO. 99-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF SUBJECT IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE REGIONAL SURFACE TRANSPORTATION PROGRAM Recommendation: Adopt Resolution No. 99-78 requesting the Orange County Transportation Authority include the City of Tustin's projects in the 1999-2000/2003- 2004 Regional Surface Transportation Program as recommended by the Public Works Department/Engineering Division. 660-05 Minutes - City Council September 20, 1999 - Page 3 8. DENIAL OF CLAIM NO. 99-27, CLAIMANT: SARAH ROGERS Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 9. DENIAL OF CLAIM NO. 99-31, CLAIMANT: LORRAINE LUJAN Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 10. DENIAL OF CLAIM NO. 99-32, CLAIMANT: REGINA GERONDALE Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 11. DENIAL OF CLAIM NO. 99-33, CLAIMANT: FRANCES ROSADO Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 12. EMPLOYMENT OF ATTORNEYS, HAHN AND HAHN Recommendation: Authorize the City Manager or Assistant City Manager, subject to review and approval of the City Attorney, to enter into an agreement with attorneys, Hahn and Hahn, for special counsel services as recommended by the City Attorney. 400-10 13. DECLARATION OF SURPLUS EQUIPMENT Recommendation: (:1) Declare subject equipment surplus and not requi.red for public use, (2) Authorize staff to donate the surplus computer equipment to the Tustin Community Foundation for reconditioning and distribution to non-profit organizations, and (3) Authorize staff to have auctioned serviceable equipment of value and dispose of assets beyond repair as recommended by the Police Department. 380-60 14. MOBILE DATA SYSTEM USER AGREEMENT Recommendation: Authorize the City Manager to execute the Mobile Data System User Agreement with the City of Brea for continuation of subject project as recommended by the Police Department. 400-10 15. RESOLUTION NO. 99-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY FOR TUSTIN OLD TOWN STREETSCAPE IMPROVEMENT PROJECT Recommendation: Adopt Resolution No. 99-79 authorizing the nomination of the Tustin Streetscape Improvement Project for consideration by the Orange County Transportation Authority for funding as part of the Transportation Enhancement Activities grant program, and authorize the Director of Public Works/City Engineer to act in connection with the nomination and to provide such additional information as may be required as recommended by the Public Works Department and 660-05 Redevelopment Agency. REGULAR BUSINESS ( ITEMS 16 THROUGH 18 ) 16. TUSTIN HIGH SCHOOL TILLER TRICK OR TREAT REQUEST It was moved by Doyle, seconded by Saltarelli, to donate $2,000 to the Tustin High School Tiller Trick or Treat event. Tim O'Donoghue, Tustin High School, stated their request for funding in the amount of $2,000 was in error and requested an additional $500.00. The motion was amended, agreeable to the maker and the second, to donate $2,500 to the Tustin High School Tiller Trick or Treat event. 330-20 Amended motion carried 3-0, Thomas and-Potts absent. Minutes - City Counci) September 20, 1999 - Page 4 17. PLANNING COMMISSION TERM OF OFFICE Mayor Worley requested this item be continued until all five members of the City Council were present. Council concurred to continue this item to a future City Council meeting. 120-50 18. ADOPTION OF 2% AT 55 RETIREMENT OPTION FOR MISCELLANEOUS MEMBERS It was moved by Doyle, seconded by Saltarelli, to adopt the following Resolution No. 99-81 giving notice of the City's intent to approve an amendment to the Public Employees Retirement System for miscellaneous members to provide Section 21354 (2% at 55 Full Formula): RESOLUTION NO. 99-81. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TUSTIN Motion carried 3-0, Thomas and Potts absent. It was moved by Saltarelli, seconded by Doyle, to have first reading by title only. Motion carried 3-0, Thomas and Potts absent. 400-75 The City Clerk read the following Ordinance No. 1221 by title only: ORDINANCE NO. 1221 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TUSTIN AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM It was moved by Saltarelli, seconded by Doyle, to introduce Ordinance No. 1221 authorizing the Mayor to execute the amendment for and on behalf of the City. Motion carried 3-0, Thomas and Potts absent. PUBLIC INPUT-None OTHER BUSINESS / COMMITTEE REPORTS Media One Cable - Councilmember Doyle complained that Media One's Channel 33 weekend broadcasts in Tustin were scrambled and requested the problem be resolved. Happy Birthday Wishes - Councilmember Saltarelli wished his mother a happy 85th birthday. College Football - Councilmember Saltarelli expressed pleasure with Penn State's victory over Miami and stated he was looking forward to the Penn State/Ohio State game. Groundwater Replenishment System - Councilmember Saltarelli noted the importance of the Groundwater Replenishment System in providing a new source of water for Orange County and commended the Orange County Water District for their presentation. Tiller Days Parade Candy - Mayor Worley reported that she and Councilmember Potts would be throwing candy to children at the Tiller Days Parade due to resolved insurance issues. Senate Bill 441. - Mayor Worley reported that Senate Bill 441, effective January 1, 2000, would prohibit the use of motorized scooters/skateboards. Minutes - City Council September 20, 1999 - Page 5 North Tustin Annexation Survey- Mayor Worley stated the North Tustin annexation survey was progressing and results would be available in the near future. Assembly Bill 84 - Councilmember Doyle expressed opposition to AB 84 which would prohibit the sale of groceries in buildings over 100,000 square feet, which would impact stores such as Costco. Mayor Worley responded that Governor Davis was expected to veto the bill. CLOSED SESSION - Mayor Worley announced the City Council would convene in closed session pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation to which the City was a party: Sara Pashalides v. City of Tustin, et.al.; and regarding threatened litigation pursuant to Government Code Section 54956.9(b)(3)C): claim of Francisco Romero, Claim No. 99-22. ADJOURNMENT - Mayor Worley adjourned the meeting at 8:02 p.m. The next regular meeting of the City Council was scheduled for Monday, October 4, 1999, at 7:00 p.m. in :.the Council Chamber at 300 Centennial Way. CLOSED SESSION STATEMENT - It was moved and seconded to deny the claim of Francisco Romero, Claim No. 99-22, and direct the City Clerk to send notice to the claimant and the claimant's attorney. Motion carried 3-0, Thomas and Potts absent. 180-10 TRA~y~W'WORL:y,~ // p~f~LA~dKE'~,~ cl'rY CLERK Minutes - iDity Council September 20, 1999 - Page 6