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HomeMy WebLinkAboutCC MINUTES 2002 08 05 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 5, 2002 Conducted 7:03 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: Presented Presented Peter Gorman 11105 Mathews Drive Tustin Various speakers Mike Conley 399 El Camino Real Tustin INTERVIEWS - The City Council conducted interviews for one vacant position on the Planning Commission in the City Council Chamber, 300 Centennial Way, Tustin, at 5:30 p.m. The interviews were open to the public. CALL TO ORDER INVOCATION - Al Enderle PLEDGE OF ALLEGIANCE - Mayor Thomas ROLL CALL Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Worley, Councilmembers Lou Bone, Mike Doyle and Tony Kawashima None Pamela Stoker William A. Huston, City Manager; Lois Jeffrey, City Attorney; George Jeffries, City Treasurer; Arlene Marks, Director of Human Resources; Elizabeth Binsack, Director of Community Development; Steve Foster, Chief of Police; Pat Sanchez, Director of Parks and Recreation; Tim Serlet, Director of Public Works; Joe Meyers, Administrative Services Manager; Dana Kasdan, Engineering Services Manager; John Buchanan, Senior Project Manager; Sam Altowaiji, Field Services Manager; Brian Ragland, Water Services Manager; Khanh Nguyen, Building Official; Beverley White, Chief Deputy City Clerk; and approximately 75 in the audience. PROCLAMATION - Former Planning Commissioner, Doug Davert PRESENTATION - Employee Showcase - Jim Sulli FIRST PUBLIC INPUT Spoke on a recent meeting between the school district and City staff; stated the school district did not want to stand in the way of the land transfer involving the City of Tustin and the Santa Ana Unified School District; Tustin Legacy development would bring vital business and homes to the community; funding options for schools at Tustin Legacy; a general obligation bond would be placed on the November election ballot for funding to renovate schools; matching school renovation funds from Sacramento; the importance of Tustin Legacy land not being double taxed; and he requested making a future presentation to Council on the bond issue. Spoke on visual problems caused by street parking at Saddleback Mobile Lodge: Adrian Morton, 15401 Williams, Tustin Sam Myrick, 113 Remanso, Tustin Invited Council to attend Total Image Printing's 25th Anniversary ribbon cutting ceremony; extended Council an invitation to the Chamber of Commerce golf tournament; and announced the City Minutes - City Council August 5, 2002 - Page 1 Philippe Izsak 301-307 El Camino Real Tustin Arnold Surfas 145 W. First Street Tustin Appointed John Nielsen Continued to August 19, 2002 Adopted Resolution No. 02-65 and approved staff recommendation Verlyn N. Jensen Federal Disposal Hal Adams Tustin Council candidates forum would be held on October 16, 2002, in the Council Chamber. Complained about disorderly conduct and trash generated from patrons of the Swinging Door; commented on the Police Department lack of enforcement; and asked for Council assistance. Commended the Police Department for their support of Old Town; stated disorderly conduct, trash and parking issues were not solely caused by Swinging Door customers; and the Swinging Door was one of the oldest businesses in Old Town. REGULAR BUSINESS 14. APPOINTMENT OF PLANNING COMMISSIONER (Agenda Order) Ballots were cast by Council to appoint a member to the Planning Commission, as follows: Thomas: Nielsen Worley: Nielsen Kawashima: Nielsen Bone: Nielsen Doyle: O'Brien John Nielsen (4 votes) was appointed to the Planning Commission with a term expiring March 1,2003. PUBLIC HEARING (ITEMS 1 THROUGH 2 ) 1. REVISIONS TO HOUSING ELEMENT UPDATE City Council unanimously concurred to continue this item to the August 19, 2002 City Council meeting. , RESOLUTION NO. 02-65 PLACING ASSESSMENTS FOR SOLID WASTE COLLECTION ON THE 2002/2003 TAX ROLL Mayor Thomas opened the public hearing at 7:49 p.m. The following member of the audience spoke in support of the proposed solid waste collection rate increase: Verlyn N. Jensen, Federal Disposal The following member of the audience questioned how non- union drivers were retained in the past: Hal Adams, Tustin There were no other speakers on the subject and the public hearing was closed at 7:59 p.m. It was moved by Doyle, seconded by Bone, to adopt the following Resolution No. 02-65, placing assessments for solid waste collection on the 2002/2003 tax roll; and deferral of consideration of the extraordinary increase until the September 16, 2002 City Council meeting: RESOLUTION NO. 02-65- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 5473 ET SEQ. OF THE HEALTH AND SAFETY Minutes - City Council August 5, 2002 - Page 2 Approved Approved Ratified Adopted Resolution No. 02-19 Approved Adopted Resolution No. 02-75 CODE OF THE STATE OF CALIFORNIA, APPROVING AND ADOPTING A REPORT RELATIVE TO PARCELS OF REAL PROPERTY RECEIVING SOLID WASTE COLLECTION SERVICES DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION TO BE ASSESSED AGAINST THE RESPECTIVE LOTS OR PARCELS OF LAND AS THEY APPEAR ON THE CURRENT ASSESSMENT ROLL Motion carried 5-0. CONSENT CALENDAR (ITEMS 3 THROUGH 13 ) Item No. 11, John Wayne Airport Noise Abatement Quarterly Reports, was removed from the Consent Calendar by Councilmember Bone. It was moved by Worley, seconded by Bone, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. , APPROVAL OF MINUTES - JULY 15, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 15, 2002. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $4,079,612.80 and ratify Payroll in the amount of $440,736.17. , PLANNING COMMISSION ACTION AGENDA- JULY 22, 2002 All actions of the Planning Commission become final unless appealed by the City Council or a member of the public. Recommendation: Ratify the Planning Commission Action Agenda of July 22, 2002. , RESOLUTION NO. 02-19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR CONFIDENTIAL UNREPRESENTED EMPLOYEES, AND SUPERSEDING RESOLUTION NO. 00-87 Recommendation: Adopt Resolution No. 02-19, amending the City's Classification and Compensation Plan and granting salary and benefit increases to the City's unrepresented Confidential employees as recommended by the Human Resources Department. , PLANNING AREA 20, TUSTIN LEGACY- EXCLUSIVE AGREEMENT TO NEGOTIATE WITH JOHN LAING HOMES Recommendation: Authorize execution of the Exclusive Agreement to Negotiate between the City of Tustin and the Tustin Public Financing Authority and the developer WL Homes, LLC, a Delaware limited liability company doing business as John Laing Homes as recommended by the Redevelopment Agency staff. , RESOLUTION NO. 02-75- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE ANNUAL STRIPING/PAVEMENT MARKING PROGRAM FOR FISCAL YEARS 2002/2003 THROUGH 2006/2007 (PROJECT NO. 402-6230) AND AUTHORIZING Minutes - City Council August 5, 2002 - Page 3 Adopted Resolution No. 02-42 and approved staff recommendation Adopted Resolution No. 02-68 and approved staff recommendation Approved , 10. 12. ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 02-75, approving the specifications for the Annual Striping/Pavement Marking Program for Fiscal Years 2002/2003 through 2006/2007 and authorizing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (APN 401-283-11 -FRANCES D. LARSON) (CIP NO. 7118) Recommendation by the Public Works Department/Engineering Division: 1. Adopt the following Resolution No. 02-42: RESOLUTION NO. 02-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 401- 283-11 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) AND APPROVING THE PURCHASE AGREEMENT , Authorize the Mayor and City Clerk to execute the Purchase Agreement with Frances D. Larson on behalf of the City. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (APN 430-263-04- HARVEY KATES, JOYCE KATES AND M. STANLEY MUSKAT) (ClP NO. 7147) Recommendation by the Public Works Department/Engineering Division: 1. Adopt the following Resolution No. 02-68: RESOLUTION NO. 02-68- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NOS. 430- 263-03 AND 430-263-04 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147) AND APPROVING THE PURCHASE AGREEMENT , Authorize the Mayor and City Clerk to execute the Purchase Agreement with Harvey Kates, Joyce Kates and M. Stanley Muskat on behalf of the City. CONSULTANT SERVICES AGREEMENT FOR THE TUSTIN AVENUE WATER WELL AND THE PONDEROSA AVENUE WATER MAIN REPLACEMENT PROJECTS (CIP NOS 6150 AND 6146) Recommendation: Approve the Consultant Services Agreement with AKM Consulting Engineers (AKM) of Irvine, California, in the amount of $224,814 and authorize the Mayor and City Clerk to execute the agreement on behalf of the City as recommended by the Public Works Department/Water Services Division. Minutes - City Council August 5, 2002 - Page 4 Adopted Resolution No. 02-77 Approved See Page 2 Approved Adopted Resolution No. 02-71 13. RESOLUTION NO. 02-77- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING THAT THE PROVISIONS OF GOVERNMENT CODE SECTION 65402 (a) DO NOT APPLY TO THE ACQUISITIONS REQUIRED FOR THE EDINGER AVENUE WIDENING (SMART STREET) PROJECT Recommendation: Adopt Resolution No. 02-77 as recommended by the City Attorney. ITEMS REMOVED FROM THE CONSENT CALENDAR 11. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS Councilmember Bone questioned the delay in receiving the quarterly reports; and requested publishing the telephone number for airport noise complaints. Elizabeth Binsack, Director of Community Development, replied that reports were agendized as soon as they were received from the City's noise consultant; and the phone number for airport noise complaints would be placed on the City's website. It was moved by Bone, seconded by Kawashima, to receive and file the subject report. Motion carried 5-0. REGULAR BUSINESS (ITEMS 14 THROUGH 20) 14. APPOINTMENT OF PLANNING COMMISSIONER (Agenda Order) See Page 2. 15. FEE WAIVER PERMIT FOR THE TUSTIN PUBLIC SCHOOL'S FOUNDATION 2002 DINOSAUR DASH It was moved by Bone, seconded by Worley, to grant a fee waiver of staff costs and equipment of $6,450, and issue a permit for the 2002 Dinosaur Dash. Motion carried 5-0. 16. RESOLUTION NO. 02-71 ADOPTING THE CITY BUDGET AND WATER ENTERPRISE BUDGET FOR THE FISCAL YEAR 2002/2003 It was moved by Worley, seconded by Bone, to adopt the following Resolution No. 02-71, appropriating the City's Governmental Funds of $44,324,593; Special Revenue Funds, $22,595,184; Water Enterprise Budget of $16,957,673; Tustin Legacy Enterprise Funds, $2,275,937 and the City's Fiscal Year 2002/2003 Classification/Compensation Plan: RESOLUTION NO. 02-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET, THE CITY CLASSIFICATION/COMPENSATION PLAN AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 2002/2003 Motion carried 5-0. Minutes - City Council August 5, 2002 - Page 5 Adopted Resolution No. 02-72 and approved staff recommendation Continued to August 19, 2002 Introduced Ordinance No. 1255, as amended to include "full" consecutive terms to TCC Section 1553 Adopted Urgency Ordinance No. 1256 None 17. 18. 19. 20. APPROPRIATION LIMIT FOR FISCAL YEAR 2002/2003 It was moved by Bone, seconded by Kawashima, to 1 ) Select the change in the California per Capita Personal Income as the price factor for adjusting the 2002/2003 appropriation limit and 2) Adopt the following Resolution No. 02-72, setting the appropriation limit for Fiscal Year 2002/2003 at $45,895,395. Motion carried 5-0. CONFIRMATION OF EXISTING CITY POLICY ON MAINTENANCE AND REPLACEMENT OF DAMAGED DRIVEWAY APPROACHES/SIDEWALKS City Council unanimously concurred to continue this item to the August 19, 2002 City Council meeting. ORDINANCE AMENDING THE CITY OF TUSTIN MUNICIPAL CODE PROVISIONS GOVERNING THE TERMS OF MEMBERS OF THE PLANNING COMMISSION, AUDIT COMMITTEE, AND PARKS AND RECREATION COMMITTEE It was moved by Worley, seconded by Kawashima, to introduce Ordinance No. 1255, as amended to include "full" consecutive terms to Tustin Municipal Code Section 1553. Motion carried 5-0. ADOPTION OF URGENCY ORDINANCE NO. 1256 EXTENDING A CABLE TELEVISION FRANCHISE WITH MEDIA ONE OF LOS ANGELES, INC., DBA AT&T BROADBAND, FOR THIRTY DAYS It was moved by Bone, seconded by Worley, to 1 ) Have first reading by title only and introduction of Urgency Ordinance No. 1256, extending a Cable Television Franchise with Media One of Los Angeles, Inc., dba AT&T Broadband, for thirty days, and 2) Adopt the following Urgency Ordinance No. 1256 (4/5's vote required; roll call vote): Motion carried 5-0 (roll call vote). Pamela Stoker, City Clerk, read the following Ordinance No. 1256 by title only: ORDINANCE NO. 1256- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING A CABLE TELEVISION FRANCHISE WITH MEDIA ONE OF LOS ANGELES, INC., DBA AT&T BROADBAND FOR THIRTY DAYS UNTIL SEPTEMBER 5, 2002 SECOND PUBLIC INPUT OTHER BUSINESS LEGISLATORS Councilmember Doyle spoke on inappropriate actions by legislators and the lack of consequences to some. MARRIAGE LICENSES Councilmember Doyle said the state would be raising costs for marriage licenses and using the Minutes - City Council August 5, 2002 - Page 6 funds to pay for victims of spousal abuse. TUSTIN HIGH SCHOOL Councilmember Bone announced the Tustin High School boys basketball team would be holding its first annual golf toumament on August 12, 2002, at the Mesa Verde Country Club. LIVING HISTORY SOCIETY Councilmember Kawashima stated he had presented the keys to the City to "Columbus Tustin" at a Living History Society event. BUSINESS CARDS Councilmember Kawashima noted City of Fullerton business cards had important community phone numbers printed on the back. SEPTEMBER 11,2001 ANNIVERSARY Councilmember Kawashima requested a ceremony to mark the September 11th anniversary. EL CAMINO REAL CONSTRUCTION Mayor Pro Tem Worley announced that the majority of El Camino Real improvements would be completed in September. TILLER DAYS Mayor Pro Tem Worley requested the Tiller Days parade continue to be routed down El Camino Real. Mayor Pro Tem Worley requested a letter be forwarded to all former mayors for their presentation at Tiller Days. TUSTIN LEGACY Mayor Pro Tem Worley stated the City should require a minimum number of one-story homes at Tustin Legacy. PLANNING COMMISSION Mayor Thomas and Mayor Pro Tem Wodey congratulated John Nielsen on his appointment to the Planning Commission. Mayor Thomas commented on a recent newspaper letter to the editor on incorrect statements about Planning Commission decisions; stated the Commission served at the pleasure of the Council and Council was responsible for the streetscape and major projects in the City. KIDNAPPING PRESENTATION Mayor Thomas requested a presentation by Senator Ackerman's office on kidnapping and abductions be scheduled in the City. COMMITTEE REPORTS SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Councilmember Bone stated that Los Angeles Airways had dropped the El Toro Airport study; the regional transportation program for 2002 had been approved; noted changing demographics that 11% of the population were over the age of 65 and by 2025 that would increase to 30%; and said in 2010 the United States would be experiencing a large number of baby boomer retirements which would affect the labor force. WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO) Councilmember Bone announced that Tustin water usage had increased; questioned when the Minutes - City Council August 5, 2002 - Page 7 wells would be back in service and the status of the reservoir refill. Tim Serlet, Director of Public Works replied the 17th Street well would be operational in mid August and the reservoir refill was taking place. LEAGUE OF CITIES Councilmember Bone stated that next year's state budget would be bad; some larger city areas were dying; terrorism was affecting email; Council needed better Emergency Operations Center training; suggested business cards have the City's motto printed on the back; a Huntington Beach plaza was considered the best mixed use in California; and requested a high speed rail presentation be made at a future Council meeting. ORANGE COUNTY SANITATION DISTRICT Councilmember Kawashima said the Sanitation District Board had voted 13-12 for full secondary treatment and because of that, sewer fees would increase and the process would take approximately 11 years and cost $300 million. TRANSPORTATION CORRIDOR AGENCY Mayor Pro Tem Worley stated discussions were continuing regarding merging the toll roads to save costs and refinance bonds. VECTOR CONTROL Mayor Pro Tem Worley noted the West Nile mosquito virus was spreading in various states from stagnant water and it was expected to be in California in the future. CLOSED SESSION Mayor Thomas announced 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, Santa Ana Unified School District vs. City of Tustin, Case Number 01CC02595 (state court matter); (2) significant exposure to litigation pursuant to Government Code Section 54956.9 (claim of Adan Gonzales, a copy of the claim can be reviewed in the City Clerk's office); and (3) to confer with their labor negotiator, William A. Huston, City Manager, regarding unrepresented management employees pursuant to Government Code Section 54957.6. ADJOURNMENT- Mayor Thomas adjourned the meeting at 8:37 p.m. The next regular meeting of the City Council was scheduled for Monday, August 19, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. CLOSED SESSION STATEMENT The City Council voted 5-0 to deny the claim of Adan Gonzales; claim no. 02-14, and to direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys. J L::¢¢ F~¢ rv~. TH OMAS,'I~IA"YO R Minutes - City Council August 5, 2002 - Page 8 MINUTES SPECIAL MEETING OF THE TUSTIN PUBLIC FINANCING AUTHORITY AUGUST 5, 2002 8:37 p.m. CALL TO ORDER ROLL CALL Members Present: Members Absent: Recording Secretary: Others Present: Chair Jeffery M. Thomas, Chair Pro Tem Tracy Wills Worley, Members Lou Bone, Mike Doyle and Tony Kawashima None Pamela Stoker William A. Huston, Executive Director; Lois Jeffrey, City Attorney; George Jeffries, City Treasurer; Arlene Marks, Director of Human Resources; Elizabeth Binsack, Director of Community Development; Steve Foster, Chief of Police; Pat Sanchez, Director of Parks and Recreation; Tim Serlet, Director of Public Works; Joe Meyers, Administrative Services Manager; Dana Kasdan, Engineering Services Manager; John Buchanan, Senior Project Manager; Sam Altowaiji, Field Services Manager; Brian Ragland, Water Services Manager; Khanh Nguyen, Building Official; Beverley White, Chief Deputy City Clerk; and approximately 75 in the audience. None PUBLIC INPUT REGULAR BUSINESS (ITEM 1 ) Approved , PLANNING AREA 20, TUSTIN LEGACY- EXCLUSIVE AGREEMENT TO NEGOTIATE WITH JOHN LAING HOMES It was moved by Bone, seconded by Worley, to approve the Exclusive Agreement to Negotiate between the City of Tustin and the Tustin Public Financing Authority collectively referred to as the "Agency" and the developer, WL Homes, LLC, a Delaware limited liability company doing business as John Laing Homes. Motion carried 5-0. ADJOURNMENT - Chair Thomas adjoumed the meeting at 8:37 p.m. THOMAS, CHAIR PAMELA STOKER, RECORDING SECRETARY Minutes - Tustin Public Financing Authority Special Meeting August 5, 2002 - Page I