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Home My WebLink AboutCC MINUTES 2001 08 06 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 6, 2001 CLOSED SESSION -6:00 P.M. CALL TO ORDER ROLL CALL Mayor Pro Tern Jeffery M. Thomas, Councilmembers Lou Bone and Mike Doyle Mayor Tracy Wills Worley and Councilmember Tony Kawashima Pamela Stoker (Absent) William A. Huston, City Manager; Christine Shlngleton, Assistant City Manager; Lois Jeffrey, City Attorney. PUBLIC INPUT CLOSED SESSION - Mayor Pm. Tern 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 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 .pursuant to Government Code Section 54956.9(b)(3) (two cases); the claim of Doris Allen can be reviewed in the City Clerk's office; and (3) Conference with Real Property Negotiator (Government Code Section 54956.8). Property: 1001 Edinger Avenue, 1201 Edinger Avenue, 1221 Edinger Avenue, No Situs address, north side of Edinger, No'Situs. address, south side of Edinger, 1'4981 Edinger Avenue, 1622 Edinger Avenue, et al, 1301 Edinger Avenue, 1421 Edinger Avenue, 1422-1472 Edinger Avenue, 1221 Edinger Avenue, and 1231 Edinger Avenue. Negotiators: Assistant City Manager or Designee (City) and Mutual Liquid Gas & Equipment, AAE Pacific Park Assoc., LLC, Herbert S. Kaufman, Burlington Northern Santa Fe, Burlington Northern Santa Fe, Borchard Redhill (The Barn), Borchard Redhill (Pacific Gulf), Harvey Kates, et al, Mullin Lumber Company, Pacific Bell, Samuel Russell Trust, and William Young, et al (Property Owners or Agents). Under Negotiation: Price and Te~ms of Payment. REGULAR MEETING- 7'00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilmember Doyle INVOCATION - Reverend Brian Kent, Aldersgate United Methodist Church ROLL CALL Mayor Pro Tem Jeffery M. Thomas, Councilmembers Lou Bone and Mike Doyle Mayor Tracy Wills Worley and Councilmember Tony Kawashima Pamela Stoker (Absent) William A. Huston, City Manager; Christine Shingleton, Assistant City Manager; Lois Jeffrey, City Attorney; George Jeffries, City Minutes- City Council August 6, 2001 -Page I Treasurer; Elizabeth Binsack, DirectOr of Community Development; Steve Foster, Chief of Police; Dana Kasdan, Engineering Services Manager; Arlene Marks, Director of Human Resources; Joe Meyers, Administrative Support Services Manager; Ronald A. Nault, Finance Director; Bob Schoenkopf, Police Captain, Tim Serlet, Director of Public Works; Beverley White, Chief Deputy City Clerk; and approximately 10 in the audience. PROCLAMATION - None PUBLIC INPUT- None Rejected claim of Doris Allen Continued to August 13, 2001 .,...Adopted Resolution No. 01-78 CLOSED SESSION REPORT Lois Jeffrey, City Attorney reported that the City Council took action in closed session to deny the' claim of Doris Allen by a vote of 3-0, Worley, Kawashima absent, and directed the City Clerk to send notice thereof to the claimant and to the claimant's attorneys, 180-10 PUBLIC HEARING- (ITEMS 1 THROUGH 2) , EXTENSION OF INTERIM ORDINANCE NO. 1241 FOR OFFICE USE CRITERIA IN THE CENTRAL COMMERCIAL ZONING DISTRICT Council concurred to continue this item to August 13, 2001 at 1:00 p.m. in the City Council Chamber. ' Motion carried 3-0, Worley, Kawashima absent. 610-70 , RESOLUTION NO. 01-78 PLACING ASSESSMENTS FOR SOLID WASTE COLLECTION ON THE 2001-2002 TAX ROLL Mayor Pro Tem Thomas opened the Public Hearing at 7:06 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Doyle, seconded by Bone to adopt the following Resolution No. 01-78 placing assessments for Solid Waste Collection on the 2001-2002 Tax Roll' RESOLUTION NO. 01-78- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 5473 ET SEQ. OF HEALTH AND SAFETY 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 3-0, Worley, Kawashima absent. 83O-5O CONSENT CALENDAR (ITEMS 3 THROUGH 16) Councilmember Bone requested Item No. 5, Planning Commission Action Agenda - July 23, 2001, be removed from the Consent Calendar. It was moved by Doyle, seconded by Bone to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 3- 0, Worley, Kawashima absent. Minutes - City Council Ausust 6, 200.1 - Pase 2 Approved Approved Approved Adopted Resolution No. 01-79 Approved Approved Approved Approved staff recommendation and adopted Resolution No. 01-77 3. APPROVAL OF MINUTES- JULY 16, 2001 SPECIAL AND REGULAR MEETING Recommendation: Approve. the City Council Minutes of July 16, 2001. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation' Approve Demands in the amount of $2,730,209.60 and ratify Payroll in the amount of $415,687.03. 6. AWARD OF CONTRACT FOR PAVEMENT REHABILITATION FOR JAMBOREE ROAD FROM 1350 FEET NORTH OF TUSTIN RANCH ROAD TO 2750 FEET NORTH OF TUSTIN RANCH ROAD (CIP 7171) Recommendation: Award the construction contract for the pavement rehabilitation of Jamboree Road from 1350 feet north of Tustin Ranch 'Road to 2750 feet north of Tustin Ranch Road (CIP No. 7171) to Sequel Contractors, Inc., the Iow bidder in the amount of $768,673.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Engineering Division. 400-45 7. RESOLUTION NO. 01-79- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND OVERALL ANNUAL GOAL OF 9% FOR FEDERAL FISCAL YEAR 2001/2002, FOR ADOPTION AND SUBMISSION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) Recommendation: Adopt Resolution No. 01-79, approving the Disadvantaged Business Enterprise (DBE) Program and Overall Annual DBE Goal of 9% for Federal Fiscal Year 2001/2002 as recommended by the Public Works Department/Engineering Division. 390-65 8. SENIOR ADVISORY BOARD APPOINTMENT CONFIRMATION Recommendation' Confirm Marc Lopez and Jill Leach as recommended by the current members of the Senior Advisory Board, to fill two existing vacancies as recommended.by Parks and Recreation Services. 125-60 9. DECLARATION OF SURPLUS EQUIPMENT Recommendation: 1) Declare equipment surplus and not required for public use, and 2) Authorize staff to have serviceable equipment auctioned and dispose of those assets deemed beyond repair as recommended by Parks and Recreation Services. 380-60 10. ADOPTION OF ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY LITIGATION MANAGEMENT POLICIES AND PROCEDURES Recommendation' Adopt the Orange County Cities Risk Management Authority Litigation Management Policies and Procedures as a policy of the City of Tustin as recommended by the Finance Director. 400-70 11. TUSTIN SPORTS PARK BALLFIELD RENOVATION Recommendation by Parks and Recreation Services: 1) Authorize the transfer of $5,000 from the Restricted Capital Maintenance Fund (50-000-2604/911500)to the project account (11-999-9535-205000) to fully fund the 'project and change orders for an infield irrigation system and additional sod; and 2) Adopt the following Resolution No. 01-77, Minutes'-City Council August 6, 2001 - Page 3 Approved Adopted Resolution No. 01-80 Adopted Resolution No. 01-81 ' Approved Approved Ratified accepting said work as complete, authorize the recordation of the. Notice of Completion and direct the City Clerk to Release the Labor and Materials Bond no sooner than thirty-five days after the date of recordation of the Notice of Completion; and release the 'Faithful Performance Bond no sooner than one year after the date of recordation of'the Notice of Completion: RESOLUTION NO. 01-77- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR TUSTIN SPORTS PARK BALLFIEL.D RENOVATION 930-30 12. AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF TUSTIN AND H&D ENTERTAINMENT, INC. Recommendation' Approve Amendment No. 3 between the City and H&D Entertainment, Inc. as recommended by Parks and Recreation Services. 400-10 13. RESOLUTION NO. 01-80- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR WELL PORTABLE GENERATORS Recommendation' Adopt Resolution No. 01-80, approving the specifications for ~he portable generators (CIP No. 6140) and authorizing and directing the City Clerk to advertise for bids as recommended by the Public Works DepartmentNVater Services Division. 400-45 14. RESOLUTION NO. 01-81 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING NOTICE OF ITS INTENTION TO ENFORCE FEDERAL COMMUNICATIONS COMMISSION CUSTOMER SERVICE STANDARDS FOR CABLE TELEVISION OPERATIONS WITHIN THE CITY Recommendation' Adopt Resolution No. 01'81 providing notice of the City Council's intention to enforce Federal Communications Commission customer service standards for cable television operations.within the City as recommended by the City Attorney. 800- 10 15. CLAIM OF NIOMI JOHNSON; CLAIM NO. 01-32 Recommendation' Deny the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys as recommended by the City Attorney. 180-10 16. MOTION TO APPROVE A RETAINER AGREEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND DOCUMENTS REGARDING SUBSTITUTION OF COUNSEL WITH COX, CASTLE & NICHOLSON, LLP REGARDING EXISTING LITIGATION, EL TORO REUSE PLANNING AUTHORITY V. COUNTY OF ORANGE Recommendation: Authorize the City Manager to execute the agreement on behalf of the City and .appropriate documents regarding substitution of Counsel as recommended by the City Attorney. 400- 20 ITEMS REMOVED FROM CONSENT CALENDAR PLANNING COMMISSION ACTION AGENDA - JULY 23, 2001 Counc!lmember Bone stated that item No. 3, Conditional Use Minutes- City Council August 6, 200! - Page 4 Adopted Ordinance No. 1240 Council to forward a letter in support of Proposal 3C Introduced Ordinance No. 1243 None Permit 01-010 and Design Review 01-007, A Request for Authorization to Construct a 2,158 Square Foot Coin-Operated Carwash, had been appealed by a member of the public and would be agendized at the August 20, 2001 City Council meeting. It was moved by Bone, seconded bY Thomas to ratify the Planning Commission Action Agenda, Motion carded 3-0, Worley, Kawashima absent. REGULAR BUSINESS (ITEMS 17 THROUGH 19) 17. ORDINANCE NO. 1240 - APPROVING CODE AMENDMENT 00-001 Council concurred to have second reading by title only and adoption of Ordinance No. 1240, . Motion carded 3-0, Worley, Kawashlma absent (roll call vote), Beverley White, Chief Deputy City Clerk read the following Ordinance No. 1240 by title only: ORDINANCE NO. 1240- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTiN, CALIFORNIA, APPROVING CODE AMENDMENT 00-001, AN AMENDMENT TO TUSTIN CITY CODE ARTICLE 9 CHAPTER 2 BY ADDING SECTIONS 9221 .a.l(j), 9222.a.1 (j), 9223.a.1 (j), 9224.g.9, 9225.a.1 (h), 9225.a.2(j), 9225.b.1 (j), 9225.b.2(k), 9226.a.l(k),9226.a.2(k), 9226.b.2(i), 9226.b.3(k),9226.b.4(i), 9226.b.5(j), 9226.b.6(i), 9227.b.12, 9228.b.4(k), 9228.b.5(j), 9228.c.8, 9231 .b.9, 9232. b(j)(10), 9232.b(k)(8), 9232.c(2)(g), 9233.b(7), 9233(c)(m)(10), 9234.b(h), 9234.d(h), 9234.e(i), 9235.f(9), 9241 .cO), 9242.c(d), 9271.bb, AND 9299.b.(1)(h)RELATED TO DRIVEWAYS STANDARDS, AND AMENDING SECTION 9297 TO INCLUDE DEFINITIONS FOR A DRIVEWAY AND PAVED AREA 600-92 18. ORANGE COUNTY REDISTRICTING It was moved by Doyle, seconded by Bone, to forward a letter in support of Orange County Redistricting Proposal 3C. Motion carried 3-0, Worley and Kawashima absent. 150-20 19. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1306 OF THE TUSTIN CITY CODE It was moved by Bone, seconded by Doyle, to introduce and have first reading by title only of Ordinance No. 1243, amending Section 1306 of the Tustin City Code. Motion carried 3-0, Worley, Kawashima absent. Beverley White, Chief Deputy City Clerk, read the following Ordinance No. 1243 by title only: ORDINANCE NO. 1243- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1306 OF THE TUSTIN cITY CODE. PUBLIC INPUT Minutes- City Council August 6, 2001 - Page 5 OTHER BUSINESS FEDERAL DISPOSAL Councilmember Doyle complimented Federal Disposal on their customer service. COYOTES Councilmember Bone neighborhoods. stated that the city of Orange also had coyotes in their CABLE COMPETITION · Commented on a recent Los Angeles Times newspaper article reporting that the Los Angeles City Council had approved cable competition in the city. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Councilmember Bone reported on his attendance at the League of Cities Conference in Monterey and stated items discussed were energy, ERAF (.Educational Revenue Augmentation Fund), and transportation; and the League of Cities website contained business rebate information. MASTER PLAN FOR SENIOR CENTERS Councilmember Bone remarked that Tustin's Senior Center offered many opportunities and programs for seniors; stated the lar§est expanding group in the next 10 years would be the 80+ age group; and the City should analyze the 55 age group to determine their needs in the next 10-15 years. OUT OF TOWN Councilmember Thomas stated that he had been out of town for a month and was glad to be back. COMMITTEE REPORTS WATER ADVISORY COUNCIL OF ORANGE COUNTY (WACO) Councilmember Bone stated the year ending June 30th report indicated Orange County water usage was down 22,000 acre feet and the rainfall was 16.22 inches, 7 inches more than last year. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Councilmember Bone reported that SCAG's Regional Transportation Improvement Plan was approved by the board and $23 billion would be available for the counties through 2006; and Steve Nesson, representative from the Governor's Office, spoke on energy matters and thanked cities for the 11-12% decroase in energy use. ADJOURNMENT- Mayor Pro Tem Thomas adjourned the meeting at 7:23 p.m. The City Council scheduled a special meeting on Monday, August 13, 2001, at 1:00 p.m. in the City Council Chamber and the next regular meeting of the City Council was scheduled for Monday, August 20, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. P A M ~'~LA" s'T O K-E'I~, ~31TY"-CL'E'RK ....... Minutes - Cit.v Council August 6, ;~00! - Page 6