HomeMy WebLinkAbout02 MINUTES 09-04-01 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN., CALIFORNIA
AUGUST 20, 2001
CLOSED SESSION -6:00 P.M.
NO. 2
09-04-01
6:01 p.m.
CALL TO ORDER
Council Present:
Council Absent:
City Clerk:
Others Present:
None
Announced
7:01 p.m.
Given
Given
Council Present:
Council Absent:
City Clerk:
Others Present:
ROLL CALL
Mayor Tracy Wills Worley, Mayor Pro Tem Jeffery M. Thomas,
Councilmembers Lou Bone, Mike Doyle and Tony Kawashima
None
Pamela Stoker
William A. Huston, City Manager; Christine Shingleton, Assistant
City Manager; Lois Jeffrey, City Attorney, Beverley White, Chief
Deputy City Clerk.
PUBLIC INPUT
CLOSED SESSION Mayor Worley 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) To consider the
claim of Thornton Dickerson. 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.
REGULAR MEETING - 7:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE - Councilmember Kawashima
INVOCATION - Mayor Worley
ROLL CALL
Mayor Tracy Wills Worley, Mayor Pro Tem Jeffery Thomas,
Councilmembers Lou Bone, Mike Doyle, and Tony Kawashima
Pamela Stoker
William A. Huston, City Manager; Christine Shingleton, Assistant
Minutes - City Council August 20, 2001 - Page 1
The City gained ground,
through the recent motion
to dismiss the two school
districts from the Title VI
lawsuit; and the judge
allowed the South
Orange County College
District to be a part of the
lawsuit.
Presented
Presented
None
See above
No action taken; Planning
Commission decision
stands
City Manager; Lois Jeffrey, City Attorney; Ronald A. Nault, Finance
Director; Elizabeth Binsack, Director of Community Development;
Karen Peterson, Senior Planner; Scott Reekstin, Senior Planner;
Lori Ludi, Associate Planner; Arlene Marks, Director of Human
Resources; Tim Serlet, Director of Public Works, Doug Anderson,
Senior Project Manager; Sam Altowaiji, Field Services Manager;
Jim Draughon,. Redevelopment Program Manager; Pat Sanchez,
Director of Parks & Recreation; Frank Semelsberger, Police
Captain; Joe Meyers, .Administrative Services Manager; Beverley
White, Chief Deputy City Clerk; and approximately 50 in the
audience.
CLOSED SESSION REPORT (Agenda Order)
Lois Jeffrey, City Attorney reported that the City gained ground,
through the recent motion to dismiss the two school districts from
the Title VI lawsuit; and the judge allowed the South Orange County
College District to be a part of the lawsuit.
PROCLAMATION - Nekoda Mattux- Police Department Canine
Protective Body Armor Donation
PRESENTATION - Pilots Plan,
McGowan
El Toro Airport- Robert
PUBLIC INPUT
CLOSED SESSION REPORT
PUBLIC HEARING (ITEM 1 )
·
APPEAL OF PLANNING COMMISSION APPROVAL OF
CONDITIONAL USE PERMIT 01-010 AND DESIGN
REVIEW 01-007 (101 TUSTIN AVENUE)
Mayor Worley opened the Public Hearing at 7:45 p.m.
The following members of the audience spoke in opposition
to Conditional Use Permit 01-010 and Design Review
01-007'
Robert Boyajian, 2222 E. First Street, Santa Ana
Nathan Menard, Representative for Friends &
Neighbors of Old Town Tustin, 345 W. Sixth Street
The following members of the audience spoke in favor of
Minutes - City Council August 20, 2001 - Page 2
Approved
Conditional Use Permit 01-010 and Design Review 01-007'
Martin Coda, Applicant, 965 S. Harvard Circle, Anaheim
Hills
Tom Saltarelli, 2212 Palermo, Tustin
Bertie Chawla, 942 E. Chapman, Orange
Jeff Oderman, Rutan & Tucker
Jeff Cyr, 2125 E. Katella Avenue, Anaheim
Them were no other speakers on.the subject and the Public
Hearing was closed at 8:15 p.m.
Mayor Worley stated the proposed project was not the right
use for the Old Town area and said the City does not need
another car wash therefore she would not support the
project.
Councilmember Kawashima said an overabundance of car
washes was not his vision for the City and he would not
support the project.
It was moved by Thomas, seconded by Bone, to adopt the
following Resolution No. 01-82, approving Conditional Use
Permit 01-010 and Design Review 01-007'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING CONDITIONAL USE PERMIT 01-010
AND DESIGN REVIEW 01-007 TO CONSTRUCT A 2,158
SQUARE FOOT COIN-OPERATED CARWASH LOCATED
AT 101 TUSTIN AVENUE.
Motion tied 2-2, Worley, Kawashima opposed, Doyle
abstained.
No action taken; the Planning Commission decision stands.
CONSENT CALENDAR (ITEMS 2 THROUGH 11 )
Councilmember Kawashima announced he would abstain from
voting on Consent Calendar Item No. 2, Approval of Minutes,
August 6, 2001 Regular Meeting and August 13 Special Meeting.
It was moved by Thomas, seconded by Doyle, to approve the
Consent Calendar as recommended by staff. Motion carried 5-0.
.
APPROVAL OF MINUTES- AUGUST 6,2001 REGULAR
MEETING AND AUGUST 13 SPECIAL MEETING
Recommendation' Approve the City Council Minutes of
August 6 and August 13, 2001.
Minutes- City Council August 20, 2001 - Page 3
Approved
Ratified
Adopted Resolution No.
01-85
Approved
Approved
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,
1
,
,
APPROVAL OF DEMANDS AND RATIFICATION OF
PAYROLL
Recommendation' Approve Demands in the amount of
$1,213,108.50 andratify Payroll in the amount of
$423,054.60.
PLANNING COMMISSION ACTION AGENDA- AUGUST
13, 2001
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 August 13, 2001.
RESOLUTION NO. 01-85- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF
COMPLETION FOR THE ANNUAL MAJOR
MAINTENANCE PROJECT, 2000-2001 FY (CIP NO. 7001)
Recommendation: Adopt Resolution No. 01-85 accepting
the construction of the Annual Major Maintenance Project
and authorizing the recordation of. the Notice of Completion,
and direct the City Clerk to: 1) Release the Labor and
Materials Bond not sooner than thirty-five (35) days after the
date of recordation of the Notice of Completion; and 2)
Release the Faithful Performance Bond not sooner than one
year after the date of recordation of the Notice of
Completion; and assuming no claims or stop notices are
filed, 35 days after the date of recordation of the Notice of
Completion, authorize payment of the final 10% retention in
the amount of $62,438.93 to All American Asphalt Corp. as
recommended by the. Public Works Department/Engineering
Division.
DECLARATION OF SURPLUS EQUIPMENT
Recommendation: Declare equipment as surplus and not
required for public use, in accordance with the Tustin City
Code, Section 1626 and authorize the Public Works
Department to sell the equipment at public auction as
recommended by the Public Works Department/Field
Services.
AUTHORIZATION TO EXPEND FUNDS- CROSSING
GUARD CONTRACT RENEWAL
Recommendation: Renew the existing contract with All City
Management Services, Inc. in order to provide 34,632 hours
of school crossing guard service for the 2001-2002 school
year as recommended by the Police Department.
Minutes- City Council Au§ust 20, 200! - Pa§e 4
Approved
Adopted Resolution No.
01-86
Approved
Approved staff
recommendation
Adopted Ordinance No.
1243
,,
.
10.
11.
WORKING CAPITAL LOAN AND ADMINISTRATIVE
SERVICES AGREEMENT BETVVEEN THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY AND THE
CITY OF TUSTIN
Recommendation by the Finance Director: 1)Increase the
outstanding loan balance to the South Central Project Area
to $2,400,000 until August 31, 2002; 2) Increase the
outstanding loan balance to the MCAS Tustin Project Area to
$790,000 until August 31, 2002; and 3) Authorize the Mayor
and the Chairperson of the Agency to execute the
agreement for 2001-2002, offering and accepting a loan and
various services from the City to the Agency totaling
approximately $4,442,000 for fiscal year 2001-2002.
RESOLUTION NO. 01-86- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING THE CITY OF TUSTIN 2001 GENERAL PLAN
ANNUAL PROGRESS REPORTS
Recommendation: Adopt Resolution No. 01-86 approving
the City of Tustin 2001 General Plan Annual Progress
Reports and authorizing the Community Development
Department to forward the progress report to the State
Department of Housing and Community Development as
recommended by the Community Development Department.
CLAIM OF TOM SCAGLIONE; CLAIM NO. 01-27
Recommendation' Reject 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.
MODIFICATION TO THE PARKS SEVEN-YEAR CAPITAL
IMPROVEMENT PROGRAM TO ADJUST THE
COLUMBUS TUSTIN BALLFIELD RENOVATION
PROJECT
Recommendation by the Director of Parks and Recreation:
1) Approve the changes to the Columbus Tustin Ballfield
Renovation Project to include amenities; 2) Approve a
supplemental appropriation of $420,000 from the
unappropriated reserves of the Park Development Fund to
bring the total project budget for 2001-02 to $864,000; and 3)
Eliminate the Cedar Grove Park parking lot improvements
from the 2001-02 City Capital Improvement Program.
REGULAR BUSINESS (ITEM 12 THROUGH 13 )
12.
ORDINANCE NO. 1243- AMENDING SECTION 1306 OF
THE TUSTIN CITY CODE
It was moved by Thomas, seconded by Kawashima, to
Minutes - City Council August 20, 200! - Page 5
have second reading by title only and adoption of
Ordinance No. 1243, amending Section 1306 of the Tustin
City Code.
Motion carried 5-0 (roll call vote)
Pamela Stoker, City Clerk read the following Ordinance No.
1243 by title only and adoption' ..
ORDINANCE NO. 1243- AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING SECTION 1306 OF THE TUSTIN CITY CODE
Adopted Resolution No.
01-83
13.
AUTHORIZATION TO INSTALL ALL-WAY STOP
CONTROLS AT EL CAMINO REAL AND SECOND
STREET AND EL CAMINO REAL AND THIRD STREET
Mayor Worley stated she wanted to wait until after the
streetscape completion before making a decision to install.
stop signs at the subject intersections.
It was moved by Doyle, seconded by Kawashima, to adopt
the following Resolution No. 01-83, authorizing the
installation of all-way stop controls at El Camino Real and
Second Street, and El Camino Real and Third Street:
RESOLUTION NO. 01-83 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DESIGNATING THE LOCATION OF CERTAIN ALL-WAY
STOP CONTROL INTERSECTIONS
Motion carried 4-1, Worley opposed.
None
PUBLIC INPUT
OTHER BUSINESS
AT&T
Councilmember Doyle stated that AT&T announced that their cable division was for
sale; and he continued to receive resident complaints about AT&T service.
NEKODA MATTUX PROCLAMATION
Councilmember Doyle complimented Nekoda Mattux on her donation of body armor to
K-9, Basco.
Minutes - City Council August 20, 2001 -'Page 6
ADJOURN MEETING IN MEMORY OF DANA DUFF
Councilmember Doyle requested adjourning the meeting in memory of Dana Duff. He
stated that Mr. Duff worked for the Tustin Unified School District for over 30 years and
was a volunteer fireman with the Red Hill Fire Station for approximately 25 years. He
stated Mr. Duff would be missed.
SEWER PIPES
Councilmember Bone requested staff present an analysis regarding the condition of
ground sewage pipes.
Tim Serlet, Director of Public Works, responded that the City of Tustin did not own any
sewer lines, the Orange County Sanitation District was responsible for the entire sewer
system in the City. He added that if an accident occurred, Field Services personnel
were trained and equipped to contain the site and prevent debris from getting into
storm drains.
BUSINESSES IN TUSTIN
Councilmember Bone commented on the high per capita ranking in Orange County of
Tustin auto dealers, home furnishing and building material purchases.
PARKS AND RECREATION FACILITIES TOUR
Councilmember Bone thanked staff for a tour of all the parks and Capital Improvement
Projects.
COYOTES
Mayor Worley questioned a California Fish and Game representative about the coyote
problem and the methods to be used to eradicate the coyotes on MCAS, Tustin.
A Fish and Game representative responded that their department had access to the
base but did not have permission from the Navy to trap the animals. He explained that
once permission was granted to enter the base, his department would work with an agent
from the Department of Agriculture who was an expert in the field. He said 95% of the
coyotes observed in residential areas were coming from the base.
WASHINGTON, D.C.
Mayor Worley stated that she, the City Manager and the Assistant City Manager would
be traveling to Washington, D.C. to meet with the new presidential appointees and to
discuss the MCAS, Tustin base issue.
.OPENING OF EL CAMINO GRILL
Councilmember Kawashima stated that he and Councilmember Bone had attended the
opening of the El Camino Grill in Old Town.
Minutes- City Council August 20, 2001 - Page 7
CONCERTS IN THE PARK
Councilmember Kawashima complimented staff on the success of Concerts in the Park.
FILE OF LIFE PROGRAM
Mayor Worley complimented Councilmember Kawashima and Margarete Thompson for
their instrumental role in starting the File of Life Program.
Councilmember Kawashima noted the File of Life Program had been initiated and
complimented Margarete Thompson as a real force behind the program.
PRESENTATIONS TO COUNCIL
Councilmember Kawashima requested the new Senior Advisory Board and the Youth
Action Team make presentations to Council on .their activities.
ADJOURNMENT- Mayor Worley adjourned the meeting at 9:14 p.m. in memory of Dana
Duff. The next regular meeting of the City Council was scheduled for Tuesday, September 4,
2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way.
TRACY WILLS WORLEY, MAYOR
PAMELA STOKER, cITy'CLERK
Minutes- City Council August 20, 2001 - Page 8