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Home My WebLink AboutCC MINUTES 2003 11 03 MINUTE8 OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA NOVEMBER 3, 2003 5:30 p.m. Council Present: Absent: City Clerk: Others: None Announced CLOSED SESSION- 5:30 P.M. CALL TO ORDER ROLL CALL Mayor Pro Tern Tony Kawashima, Councilmembers Lou Bone, Doug Davert and Jeffery M. Thomas Mayor Tracy Worley Hagen Maria R. Huizar, Chief Deputy City Clerk William A. Huston, City Manager; Lois Jeffrey, City Attorney PUBLIC INPUT CLOSED SESSION - Mayor Pro Tem Kawashima announced the City Council would convene in closed session to: Confer with the City's labor negotiator, Arlene Marks, Director of Human Resources, regarding Tustin Police Support Services Association (TPSSA), Tustin Municipal Employees Association (TMEA), Tustin Police Management Association (TPMA), Tustin Police Officers Association (TPOA), pursuant to Government Code Section 54957.6 Confer with the City's real property negotiator for property acquisition and litigation Agency Negotiator: Assistant City Manager; Negotiating Parties: City of Tustin and Carolyn Louise De Nicola, as Trustee of the B Trust of the De Nicola Family Trust for property at 235 E. Main Street; and Walter and Marilyn Emery for properties at 280-284 E. Third Street, 320-324 S. Preble Drive and 330-334 S. Preble Drive Under Negotiation: Price and terms pursuant to Government Code Section 54956.8 Confer with the City's real property negotiator for Property: Parcel 34; Agency Negotiator: Assistant City Manager and Special Counsel Gilchrist & Rutter; Negotiating Parties: City of Tustin and Salvation Army; Under Negotiation: Price and terms pursuant to Government Code Section 54956.8 Confer with the City Attorney about significant exposure to litigation pursuant to subdivision(b)(2)(A) of Government Code Section 54956.9, one (1) case 7:08 p.m. Given Given Council Present: Absent: City Clerk: Others PUBLIC MEETING-- 7:00 P.M. CALL TO ORDER INVOCATION -- Councilmember Bone PLEDGE OF ALLEGIANCE -- Councilmember Davert ROLL CALL Mayor Tracy Worley Hagen, Mayor Pro Tern Tony Kawashima, Councilmembers Lou Bone, Doug Davert and Jeffery M. Thomas None Pamela Stoker William A. Huston, City Manager; Lois Jeffrey, City Attorney Minutes- City Council November 3, 2003 -- Page I None None None Bill Hammerle 17611 Chatham Tustin, CA CLOSED SESSION REPORT PROCLAMATION PRESENTATION FIRST PUBLIC INPUT Invited all to attend the Tustin Community Foundation's Mayor's Thanksgiving Breakfast that will be held on November 20, 2003 to benefit the Orange County Rescue Mission. Approved CONSENT CALENDAR (Agenda Items I through 9) Councilmember Davert removed Agenda Item 9 for separate discussion. It was moved by Thomas, seconded by Kawashima, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - OCTOBER 20, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of October 20, 2003. Approved APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $275.00, $526,656.99, $787,627.48 and reversals in the amount of $8,246.83 and ratify Payroll in the amount of $488,952.44. Ratified PLANNING COMMISSION ACTION AGENDA 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 27, 2003. Denied CONSIDERATION OF CLAIM OF ANNE TUNG, CLAIM NO. 03-33 Recommendation: After investigation and review by City Attorney's office and the City's Claims Administrator, it is recommended that the City Council deny the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorney. Denied CONSIDERATION OF CLAIM OF SOUTHERN CALIFORNIA EDISON, CLAIM NO. 03-31 Recommendation: After investigation and review by City Attorney's office and the City's Claims Administrator, it is recommended that the City Council deny the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorney. Minutes- City Council November 3, 2003 - Page 2 Adopted Resolution No. 03-126 COMMUNITY CENTER ACOUSTICAL IMPROVEMENTS RESOLUTION NO. 03-126; ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE NOTICE OF COMPLETION Recommendation: 1. Adopt Resolution No. 03-126: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE COMMUNITY CENTER ACOUSTICAL IMPROVEMENTS Authorize the recordation of the Notice of Completion, and direct the City Clerk to: A. Release the Labor and Materials Bond no sooner than thir[y- five (35) days after the date of recordation of the Notice of Completion; and B. Release the Faithful Performance Bond no sooner than one year after the date of recordation of the Notice of Completion. Approved POLICE MOTORCYCLES REPLACEMENT BID Recommendation: That Council awards the bid for two 2004 Police BMW motorcycles to A & S Motorcycle Parts, Inc. of Roseville, California in the amount of $19,965.61 per unit. Approved Approved APPROVAL OF THE ORANGE COUNTY SANITATION STORM WATER PROGRAM DRAINAGE AREA MANAGEMENT PLAN (DAMP) AND THE CITY'S LOCAL IMPLEMENTATION PLAN (LIP) Recommendation: Approve the Orange County Storm Water Program 2003 Drainage Area Management Plan (DAMP) and the City's Local Implementation Plan (LIP). ITEMS REMOVED FROM CONSENT CALENDAR AUTHORIZATION TO PERMIT TWO SPECIAL EVENTS AT OLD TOWN: CHILDREN'S BOOK FESTIVAL AND ANTIQUE CAR SHOW Counoilmember Davert requested clarification on permit approval; Parks and Recreation Services Director, Patrick Sanchez advised Council that their approval of events was only first step in permit process; Councilmember Davert stated he did not want to authorize street closures without first reviewing an application but indicated he would support the events in concept; Patrick Sanchez informed Council that as part of the conditions of approval, Tustin Old Town Association (TOTA) would have to consent to events. It was moved by Thomas, seconded by Davert, to approve Item 9. Motion carried 5-0. Introduced O~inance No. 1275 10. REGULAR BUSINESS (Agenda Items 10 and 11) APPROVAL OF ORDINANCE NO. 1275 AMENDING CHAPTER 9 OF ARTICLE 4 OF THE TUSTIN CITY CODE TO COMPLY WITH THE SANTA AHA REGION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL STORM WATER PERMIT Minutes - City Council November 3, 2003 - Page 3 Introduced Ordinance No. 1280 None It was moved by Davert, seconded by Thomas, to introduce and have first reading by title only of Ordinance No. 1275. Pamela Stoker, City Clerk, read the following Ordinance No. 1275 by title only: ORDINANCE NO. 1275 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 9 OF ARTICLE 4 OF THE TUSTIN CITY CODE TO COMPLY WITH THE SANTA ANA REGION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL STORM WATER PERMIT FOR THE CITY OF TUSTIN Motion carried 5-0 (roll call vote), 11. APPROVAL OF ORDINANCE NO. 1280 AMENDING ARTICLE 8, CHAPTER 9 OF THE TUSTIN CITY CODE TO COMPLY WITH THE SANTA ANA REGION WATER QUALITY CONTROL BOARD NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL STORM WATER PERMIT It was moved by Davert, seconded by Thomas, to introduce and have first reading by title only of Ordinance No. 1280. Pamela Stoker, City Clerk, read the following Ordinance No. 1280 by title only: ORDINANCE NO. 1280 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING CHAPTER 9 OF ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT PROVISIONS RELATING TO GRADING AND EXCAVATION Motion carried 5-0 (roll call vote). SECOND PUBLIC INPUT OTHER BUSINESS / COMMITTEE REPORTS Councilmember Davert: · Thanked everyone for success of 2003 Dinosaur Dash; and · Invited all to participate in the Veterans Day parade next week. Councilmember Bone: - Commented the League of Cities was preparing a ballot initiative to help maintain city funds within the City; · Complemented Patrick Sanohez, Parks and Recreation Services Director, on success of Halloween event; and · Reported that the Water Advisory Council of Orange County had toured Diamond Valley Lake; the lake was filled with 750,000 acre feet of water and had potential for up to 800,000 acre feet; and the water was a reserve supply for Tustin and other communities in Orange County. Councilmember Thomas: · Steve Paquette, former owner of Tustin Tires had expressed interest in LA Fitness Center land and asked staff to contact land owner to determine use; · Noted that the Mayoral change would take place at the December 1, 2003 City Council meeting; and · Reported that the Southern California fires were 100% contained due to snow and rain in mountains; there had been a large outpour of financial assistance; and asked everyone to continue to give generously. Minutes - City Council November 3, 2003 - Page 4 Mayor Pro Tem Kawashima: o Armstrong Nursery groundbreaking was held today and grand opening would be Spring of 2004; · Reported on success of Dinosaur Dash; and ° Noted a recent article in the Tustin News about proposed arches at MOAS, has received many positive responses. Mayor Worley Hagen: · Announced Dinosaur Dash was a great success; · Invited everyone to attend the Veterans Day parade on Sunday at 12:00 p.m.; and ° Reported that the Transportation Corridor Agency was considering consolidation of both the Foothill Eastern and the San Joaquin agencies which would result in a 20% reduction of toll rates for the Windy Ridge toll plaza. ADJOURNMENT -- Mayor Wodey adjourned the meeting at 7:31 p.m. The next regular meeting of the City Council was scheduled for Monday, November 17, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. · ~RA~ORLEY Hf~N, MA'~OR ' Minutes - City Council November 3, 2003 - Page 5