HomeMy WebLinkAboutCC MINUTES 1999 10 18 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
OCTOBER 18, 1999
CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Worley at 7:00 p.m. in the Council Chamber, 300
Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember
Potts and the Invocation was given by Lois Jeffrey, City Attorney.
ROLL CALL
Council Present: Tracy Wills Worley, Mayor
Jeffery M. Thomas, Mayor Pro Tem
Mike Doyle
Jim Potts
Thomas R. Saltarelli
Council Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager
Christine Shingleton, Assistant City Manager
Lois Jeffrey, City Attorney
George Jeffries, City Treasurer
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
,...- Jim Draughon, Senior Project Manager
i Karen Peterson, Senior Planner
~ Brad Evanson, Assistant Planner
Valerie Crabill, Chief Deputy City Clerk
Approximately 45 in the audience
PROCLAMATION
Tustin Woodcarvers Week - Mayor Worley read and presented a proclamation to
Victor Igleasis, President of Tustin Wood Carvers, recognizing Tustin Woodcarvers
Week, October 17-24th.
PUBLIC INPUT
Dinosaur Dash - Robert Machado, representing Tustin Public Schools Foundation,
reported the Dinosaur Dash event would be held on November 14th and presented T-
shirts to the City Council.
Street Name Change Evelyn Hicks, 13791 Deodar Street, Santa Ana; and Tom
Anderson, 100 Main Street, Tustin: requested a street name change from Bruno Drive
to Bruns Drive in memory of John Bruns, Korean War veteran. Mayor Worley
responded that the matter would be agendized at the November 1st City Council
meeting and clarified that Mr. Bruns' name was misspelled on the American Legion
list received by the City.
PUBLIC HEARING ( ITEM 1 )
1. TENTATIVE PARCEL MAP 99-197 (APPLICANT: CONSOLIDATED RESTAURANTS OF
CALIFORNIA)
Karen Peterson, Senior Planner, reported that Tentative Parcel Map 99-197 was a
request to combine two vacant parcels into one parcel for the development of an
Minutes - City Council October 18, 1999 - Page I
approved Wendy's drive-through, fast food restaurant at the northeast corner of Red
Hill Avenue and El Camino Real.
Mayor Worley opened the Public Hearing at 7:12 p.m. There were no speakers and
the public hearing was closed.
It was moved by Thomas, seconded by Doyle, to adopt the following Resolution No.
99-88 approving Tentative Parcel Map 99-197:
RESOLUTION NO. 99-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROViNG TENTATIVE PARCEL MAP 99-197 TO COMBINE
THE TWO ,LOTS LOCATED AT 13922 RED HILL AVENUE INTO ONE LOT FOR THE
PURPOSE OF DEVELOPING A 3,322 SQUARE FOOT FAST FOOD RESTAURANT
600-45
Motion carried 5-0.
CONSENT CALENDAR (ITEMS 2 THROUGH 12 )
Mayor Worley announced that Item Nos. 9 and 10 had been removed from the Consent
Calendar. It was moved by Potts, seconded by Thomas, to approve the remainder of the
Consent Calendar as recommended by staff. Motion carried 5-0.
2. APPROVAL OF MINUTES - OCTOBER 4, 199D REGULAR MEETING '
Recommendation: Approve the City Council Minutes of October 4, 1999.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,829,578.56 and ratify
Payroll in the amount of $397,512.14. 360-82
380-10
4. PLANNING COMMISSION ACTION AGENDA- OCTOBER 11, 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 October 11,
1999. 120-50
5. CONTRACT AMENDMENT FOR ADDING SYCAMORE LANDSCAPE MAINTENANCE
AREAS TO THE EXISTING CONTRACT WITH PLANT CONTROL LANDSCAPE
MAINTENANCE, INC.
Recommendation: Approve the fourth amendment to the contract agreement between
Plant Control Landscape Maintenance, Inc. and the City for landscape maintenance
services subject to City Attorney approval as recommended by the Public Works
Department/Field Services. 400-10
6. RESOLUTION NO. 99-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, SUPPORTING THE GROUNDWATER REPLENISHMENT
SYSTEM, A JOINT EFFORT OF THE ORANGE COUNTY WATER DISTRICT AND THE
ORANGE COUNTY SANITATION DISTRICT
Recommendation: Adopt Resolution No. 99-89 as recommended by the Public Works
Department/Engineering Division. 850-05
7. AWARD OF CONTRACT FOR RED HILL AVENUE REHABILITATION BETWEEN
WALNUT AVENUE AND EDINGER AVENUE (CIP NO. 7124)
Recommendation: Declare that Sequel Contractors bid is non-responsive and award
the construction contract for Red Hill Avenue Rehabilitation ,Project to All American
Asphalt, the second low bidder, in the amount of $629,486.53 and authorize the
Mayor and City Clerk to execute the contract documents on behalf of .the City as
recommended by the Public Works Department/Engineering Division. 400-45
8. RESOLUTION NO, 99-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE RED HILL
AVENUE UNDERGROUND UTILITY DISTRICT NO. 14 ON-SITE ELECTRICAL SERVICE
CONVERSIONS (CIP NO. 7156)
Recommendation: Adopt Resolution No. 99-85 approving the plans and specifications
Minutes - City Council October 18, 1999 - Page 2 400-45
for the Red Hill Avenue Underground Utility District No. 14 On-site Electrical Service
Conversions (CIP No. 7156) and authorizing and directing the City Clerk to advertise
for bids as recommended by the Public Works Department/Engineering Division.
9. (Removed from Consent Calendar)
10. (Removed from Consent Calendar)
11. QUARTERLY INVESTMENT REPORT
In compliance with Government Code Section 53646, the Investment Report for the
.-. quarter ending September 30, 1999, is submitted for City Council review.
Recommendation: Receive and file subject report as recommended by the City
Treasurer.
355-50
12. EXTENSION OF LEAVE OF ABSENCE, ROMAN LOPEZ
Recommendation: Authorize extending Roman Lopez's medical leave of absence for
an additional six months as recommended by Personnel. Services.
520-65
REGULAR BUSINESS (ITEMS 13 THROUGH 14 )
13. ORDINANCE NO. 1221, 2% AT 55 PUBLIC EMPLOYEES RETIREMENT SYSTEM
CONTRACT AMENDMENT "
It was moved by Doyle, seconded by Thomas, to have second reading by title only.
Motion carried 5-0.
The City Clerk read Ordinance No. 1221 by title only.
It was moved by Doyle, seconded by Thomas, to adopt the following Ordinance No.
1221:
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
Motion carried 5-0 (roll call vote). 400-75
14. ACTIONS RELATING TO THE 1999 AMENDMENT TO THE REDEVELOPMENT PLAN
FOR THE SOUTH CENTRAL AREA REDEVELOPMENT PROJECT, CERTIFICATION OF
THE RELATED NEGATIVE DECLARATION AND APPROVAL OF THE 1999
AMENDMENT
Jim Draughon, Senior Project Manager, reported that the proposed 1999 Amendment
to the Redevelopment Plan for the South Central Redevelopment Project Area would
re-establish the Redevelopment Agency's eminent domain authority for an additional
12 years; on October 4, 1999, the City Council and Redevelopment Agency held a joint
public hearing to take public testimony in connection with the proposed 1999
Amendment; at the joint public'hearing, the City Council received a Report to City
Council that addressed the reasons for the 1999 Amendment and provided other
"" information in accordance with State redevelopment law; during the joint public
hearing, one property owner spoke in support of the 1999 Amendment and five oral
and two written objections were received from property owners and businesses in the
project area; following all public testimony at the October 4 meeting, the public
hearing was closed and the City Council instructed staff to prepare written responses
to the written and oral objections; and the written responses are submitted for City
Council consideration in Exhibit A of Resolution No. 99-87. He stated that the three
actions required were: (1) City Council consideration and approval of the written
responses through adoption of Resolution No. 99-87; (:2) City Council adoption of
Resolution No. 99-82 certifying the negative declaration prepared in connection with
the 1999 Amendment; and (3) following adoption of the written responses to the oral
and written objections and certification of the negative declaration, introduction of
Minutes - City Council October 18, 1999 - Page 3
Ordinance No. 1223 was requested for adoption of the 1999 Amendment; final
adoption of Ordinance No. 1223 would be considered by the City Council at their
meeting on November 1, 1999; and the 1999 Amendment and Ordinance No. 1223
would become effective 30 days after final adoption.
It was moved by Saltarelli, seconded by Thomas, to adopt the following Resolution No.
99-87 approving the written responses to written and oral comments received on the
proposed 1999 Amendment to the Redevelopment Plan for the South Central Area
Redevelopment Project; and to adopt the following Resolution No. 99-82 certifying the
Negative Declaration prepared in connection with the 1999 Amendment:
RESOLUTION NO. 99-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING WRITTEN RESPONSES TO WRITTEN AND ORAL
OBJECTIONS TO THE 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
SOUTH CENTRAL REDEVELOPMENT PROJECT
RESOLUTION NO, 99-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING THE NEGATIVE DECLARATION FOR THE 1999
AMENDMENT TO THE SOUTH CENTRAL REDEVELOPMENT AREA PLAN
Motion carried 5-0.
' Councilmember Potts commented that thi"~was nOt"a"new action, the City COuncil h~ad
eminent domain authority for the past 12 years; noted the City could not financially
afford to condemn properties for redevelopment in the project area; and that should
the City Council change during the coming years, there were redevelopment laws and
procedures which required fair compensation and relocation funding.
Mayor Pro Tem Thomas stated that fearing loss of property was unwarranted, the City
Council did not intend to condemn property, reiterated that the City Council had
previous eminent domain authority without exercising that right, and considerable
funding was required to redevelop the south central project area.
Councilmember Doyle noted that this was merely a tool for the Council to have
available, and the City did not have the millions of dollars required to condemn
property and provide for relocation in the southwest area.
Councilmember Saltarelli commented that a 4/5ths vote of the City Council was
required to exercise eminent domain authority; and there would be considerable
circumspection prior to its use, but it was a necessary power-to maintain the City's
vitality and protect property values.
It was moved by Saltarelli, seconded by Thomas, to have first reading by title only of
Ordinance No. 1223.
Motion carried 5-0.
It was moved by Saltarelli, seconded by Thomas, to introduce the following Ordinance
No. 1223:
ORDINANCE NO. 1223 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING THE 1999 AMENDMENT TO THE REDEVELOPMENT
PLAN FOR THE SOUTH CENTRAL REDEVELOPMENT PROJECT AREA, CITY OF
TUSTIN, CALIFORNIA, A TRUE AND CORRECT COPY IS INCORPORATED HEREIN BY
REFERENCE AS EXHIBIT "1"
Motion carried 5-0.
Council/staff discussion followed regarding the City's one-time use of eminent domain,
and the use of threat of condemnation to provide tax advantages to property owners at
their request. 630-80
PUBLIC INPUT- None
Minutes - City Council October 18, 1999 - Page 4
OTHER BUSINESS / COMMITTEE REPORTS
Tiller Days - Councilmember Doyle, Councilmember Saltarelli and Mayor Worley
commended staff and the Tiller Days Committee for an excellent carnival and parade.
Police Chief Foster's Father - Councilmember Doyle reported that Chief Foster's
father was ill and requested positive thoughts for his recovery.
Orange County Fire Authority - Councilmember Doyle announced that Orange County
Fire Authority representatives would attend the November Ist City Council meeting to
,-- respond to questions'from the City Council and the public.
Street Name Change - Councilmember Potts expressed disappointment that the
Bruno/Bruns street name change had not been agendized, noted that staff was
completing survey results, and the matter would be agendized in two weeks.
Trail System Pathway - Councilmember Potts requested completion of a pathway for
the new trail system at the Jamboree Road undercrossing and the Tustin Ranch Golf
Course.
Commissioners' Compensation- Councilmember Potts requested an increase in
Planning Commission and Parks and Recreation Commission compensation be
agendized for City Council consideration.
Construction Debris, Jamboree Road and Irvine Boulevard - Councilmember
Saltarelli reported construction debris and fencing had been at the Jamboree Road
and Irvine Boulevard intersection for a considerable period of time without activity and
requested removal. Tim Serlet, City Engineer, responded that was an Irvine Company
project, change orders had been issued to meet Americans with Disabilities
requirements, and the project should be paved by the end of the week.
College Football - Councilmember Saltarelli reported, with pleasure, that Penn State
had defeated Ohio State and noted his disappointment that the Community
Development Director was not present to hear his comments.
Traffic Congestion, Yorba Street and Irvine Boulevard - Mayor Pro Tem Thomas
clarified that recent traffic congestion at Yorba Street and Irvine Boulevard was
caused by traffic signal malfunctions.
Parole Office - Mayor Pro Tem Thomas commended staff and Mayor Worley for their
efforts in preventing the location of a parole office in Tustin.
Housing Forum - Mayor Worley reported that she would be a speaker at a housing
forum regarding current legislative laws that prevent cities from prohibiting
overcrowding in apartment units; overcrowding created police, fire and social
problems for cities; and cities were beginning efforts to change the laws to gain
enforcement of reasonable occupancy levels.
CLOSED SESSION - None
.-. ADJOURNMENT - Mayor Worley adjourned the meeting at 7:33 p.m. The next regular
! meeting of the City Council was scheduled for Monday, November 1, 1999, at 7:00 p.m. in
: the Council Chamber at 300 Centennial Way.
RLEY MAYOR
TR , ,-.
ELA STOKER, CITY CLERK
Minutes - City Council October 18, 1999 - Page 5