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Home My WebLink About02 MINUTES 05-20-02 NO. 2 05-20-02 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MAY 6, 2002 5:02 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:00 p.m. Given Given CLOSED SESSION - 5:00 P.M. CALL TO ORDER ROLL CALL Mayor Jeffery M. Thomas (arrived at 5:05 p.m.), Mayor Pro Tem Tracy Wills Worley (arrived at 5:03 p.m.), Councilmembers Lou Bone, Mike Doyle and Tony Kawashima None Pamela Stoker (Absent) William A. Huston, City Manager; Beverley White, Chief Deputy City Clerk; and 0 in the audience. PUBLIC INPUT CLOSED SESSION - Councilmember Doyle announced that 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) Conference with Real Property Negotiator (Government Code Section 54956.8). Property: former Marine Corps Air Station, Tustin. Negotiators: future unknown developers and City Manager or Designee (City). Under negotiation: Price and terms of payment; and 3) Conference with Real Property Negotiator (Government Code Section 54956.8). Property: former Marine Corps Air Station, Tustin. Negotiators: Department of Navy and City Manager or Designee (City). Under negotiation: Price and terms of payment. REGULAR MEETING - 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilmember Kawashima INVOCATION - Pastor Linda Counts, Kings Way Foursquare Church of Tustin Minutes- City Council May 6, 2002- Page I Council Present: Council Absent: City Clerk: Others Present: None Presented None Continued to May 20, 2002 Adopted Resolution No. 02-40 and introduced Ordinance No. 1251 ROLL CALL Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Wodey, 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; George Jeffries, City Treasurer; Ron Nault, Director of Finance; Arlene Marks, Director of Human Resources; Tim Serlet, Director of Public Works; Steve Foster, Chief of Police; Pat Sanchez, Director of Parks and Recreation; Doug Anderson, Senior Project Manager; Joe Meyers, Administrative Services Manager; Dana Kasdan, Engineering Services Manager; Sam Altowaiji, Field Services Manager; T. Brian Ragland, Water Services Manager; Khanh Nguyen, Building Official; Karen Peterson, Senior Planner; Scott Reekstin, Senior Planner; Justina Willkom, Associate Planner; Beverley White, Chief Deputy City Clerk; and approximately 30 in the audience. CLOSED SESSION REPORT PROCLAMATION - 1) Jim Palmer, Community Service; and 2) City of Tustin's 75th Anniversary Kick Off FIRST PUBLIC INPUT PUBLIC HEARING (ITEMS 1 THROUGH 2) , CODE AMENDMENT 02-004 - NOTIFICATION DISTANCE OF 500 FEET It was moved by Bone, seconded by Worley, to continue Code Amendment No. 02-004 to the May 20, 2002 City Council meeting. Motion carried 5-0. , CODE AMENDMENT 02-002 FOR OFFICE USES IN THE CENTRAL COMMERCIAL (C-2) DISTRICT AND THE CULTURAL RESOURCES OVERLAY DISTRICT Mayor Thomas opened the public hearing at 7:13 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Doyle, seconded by Worley, to adopt the following Resolution No. 02-40: Minutes- City Council May 6, 2002- Page 2 Approved Approved Ratified RESOLUTION NO. 02-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 02-002 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Doyle, seconded by Wodey, to introduce and have first reading by title only of Ordinance No. 1251. Motion carried 5-0. Pamela Stoker, City Clerk, read the following Ordinance No. 1251 by title only: ORDINANCE NO. 1251 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 9233(a)(1)(g), 9233c(y), 9233c(ff), 9233(e), AND 9252j3(c) OF THE TUSTIN CITY CODE RELATED TO OFFICE USES WITHIN THE CENTRAL COMMERCIAL (C-2) ZONING DISTRICT AND THE CULTURAL RESOURCES OVERLAY DISTRICT CONSENT CALENDAR (ITEMS 3 THROUGH 15 ) Item No. 11 was removed from the Consent Calendar by Councilmember Kawashima. It was moved by Worley, seconded by Kawashima, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. , , ! APPROVAL OF MINUTES- APRIL 15, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of April 15, 2002. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,369,417.80 and ratify Payroll in the amount of $868,040.59. PLANNING COMMISSION ACTION AGENDA- APRIL 22, 2002 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 April 22, 2002. Minutes- City Council May 6, 2002- Page 3 Approved Approved Approved Adopted Resolution No. 02-35 Adopted Resolution No. 02-41 and approved staff recommendation , , , 10. AWARD OF CONTRACT FOR THE PURCHASE OF TWO EMERGENCY PORTABLE GENERATORS (CIP NO. 6140) Recommendation: Award purchase of the two emergency portable generators to the Iow bidder, Generator Services Co., Inc., of Alta Loma, California, in the amount of $155,762.00 and authorize the Public Works DirectodCity Engineer to approve the purchase order as recommended by the Public Works Department/Water Services Division. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND AREAS WITH LANCO LANDSCAPE MANAGEMENT, INC. Recommendation: Approve the second amendment to the contract agreement between Lanco Landscape Management and the City of Tustin for landscape maintenance services, subject to City Attomey approval as recommended by the Public Works Department/Engineering Division. CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE SERVICES FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AREAS WITH TRUGREEN LAND CARE Recommendation: Approve the second amendment to the contract with TruGreen Land Care extending the contract for landscape maintenance services for the Tustin Landscape and Lighting District areas for the period from July 1,2002, to June 30, 2003, as recommended by the Public Works Department/Field Services Division. RESOLUTION NO. 02-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP 2001-235 TO SUBDIVIDE AN EXISTING 0.50 ACRE PARCEL INTO TWO PARCELS LOCATED AT 12882 ELIZABETH WAY (APN NO. 501-081-19) Recommendation: Adopt Resolution No. 02-35, approving Final Parcel Map 2001-235 as recommended by the Community Development Department. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (APN 401-283-02 - RAYMOND J. LARSON, JR.) (ClP NO. 7118) Recommendation by the Public Works Department/Engineering Division: 1. Adopt the following Resolution No. 02-41: RESOLUTION NO. 02-41 -A RESOLUTION OF THE Minutes- City Council May 6, 2002- Page 4 , CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 401- 283-02 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 Raymond J. Larson, Jr. on behalf of the City. Adopted Resolution No. 02-39 12. RESOLUTION NO. 02-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR STREET REHABILITATION FUNDING UNDER THE ARTERIAL HIGHWAY REHABILITATION PROGRAM Recommendation: Adopt Resolution No. 02-39, requesting that OCTA include the City of Tustin's AHRP projects in its FY 2002-2003 Combined Transportation Funding Program (CTFP) as recommended by the Public Works Department/Engineering Division. Adopted Resolutions No. 02-43 and 02-44 13. TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENT FOR THE 2002-03 FISCAL YEAR Recommendation by the Public Works Department/Engineering Division: 1. Adopt the following Resolution No. 02-43: RESOLUTION NO. 02-43- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2002-2003 2. Adopt the following Resolution No. 02-44: RESOLUTION NO. 02-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2002-2003 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF Minutes- City Council May 6, 2002- Page 5 Approved Adopted Resolution No. 02-49 and approved staff recommendation Approved Continued to May 20, 2002 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF 14. APPROVAL OF THE WATER QUALITY ORDINANCE IMPLEMENTATION AGREEMENT WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT Recommendation: Approve the Water Quality Ordinance Implementation Agreement No. D02-024 with the Orange County Flood Control District, and authorize execution of the agreement by the Mayor and City Clerk as recommended by the Public Works Department/Engineering Division. 15. THIRD AMENDMENT TO LEASE FOR TUSTIN LIBRARY BRANCH Recommendation by the Assistant City Manager: 1. Adopt the following Resolution No. 02-49, adopting the Final Mitigated Negative Declaration for Third Amendment to the lease for the Tustin Branch Library: RESOLUTION NO. 02-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR THE TUSTIN LIBRARY EXPANSION PROJECT 2. Approve the Third Amendment to Lease and authorize the City Manager to execute said Lease between the City and County of Orange on behalf of the City. ITEMS REMOVED FROM CONSENT CALENDAR 11. REJECTION OF BIDS FOR THE FISCAL YEAR 2001/2002 CATCH BASIN INSERT PROJECT (PROJECT NO. 402- 6222) Councilmember Kawashima questioned when the bid process was scheduled. Tim Serlet, Director of Public Works, responded in approximately 60 days. It was moved by Kawashima, seconded by Worley, to approve Rejection of Bids for the Fiscal Year 2001/2002 Catch Basin Insert Project (Project No. 402-6222). Motion carried 5-0. REGULAR BUSINESS ( ITEMS 16 THROUGH 17 ) 16. CODE AMENDMENT 02-003 - BUSINESS REGULATIONS ORDINANCE Minutes- City Council May 6, 2002- Page 6 It was moved by Bone, seconded by Worley, to continue Code Amendment 02-003 - Business Regulations Ordinance to the May 20, 2002 City Council meeting. Motion carried 5-0. Opposed increase in fees 17. ORANGE COUNTY FIRE AUTHORITY PLANNING AND DEVELOPMENT FEES Council unanimously concurred to oppose an increase in fees. SECOND PUBLIC INPUT Dave Mulnard Tustin, CA Read a protest letter from La Montana and Vidorra Development regarding Pioneer Park including the development process, night volleyball games, and the dangerous park ingress and egress. Various speakers The following members of the audience spoke in opposition to the Newport Avenue widening: Kate Simonds, Tustin, CA Garth Armorer, Tustin, CA Debra Burbank Willens, Tustin, CA Paul Lindsay Tustin, CA Spoke on the difficulty of pedestrian access on El Camino Real because of construction. OTHER BUSINESS CHILl COOK OFF Councilmember Doyle noted the Chili Cook Off would take place on El Camino Real as scheduled. STATE CUTS ON CARBON DIOXIDE Councilmember Doyle said a state committee recommended restrictions in order to cut CO2 which would impact vans, pickups and SUVs. SODA TAX Councilmember Doyle announced the proposed soda tax failed. ADJOURN MEETING IN MEMORY OF DEPUTY DAVID MARCH Councilmember Doyle requested adjourning the meeting in memory of Deputy David March who was recently slain. Minutes- City Council May 6, 2002- Page 7 TUSTIN OLD TOWN ASSOCIATION (TOTA) Councilmember Bone said he received a letter from TOTA requesting City advertising help with the Farmer's Market. Councilmember Kawashima stated TOTA would like to make a presentation or schedule a workshop with Council. SANTA ANA RIVER TOUR Councilmember Bone reported he had taken the Santa Ana River tour and had viewed the sound wall. EL TORO REUSE PLANNING AUTHORITY (ETRPA) Councilmember Bone reported on ETRPA meeting on regional transportation plan and that no action was taken to remove El Toro Airport from the plan. ASSEMBLY BILL 233 Councilmember Bone stated no action was taken on AB 233. MEETING WITH ASSEMBLYMAN BILL CAMPBELL Councilmember Bone noted his and staff's meeting with Assemblyman Bill Campbell. THE IRVINE COMPANY Councilmember Kawashima requested agendizing discussion of the Katherine Spur land The Irvine Company would like the City to acquire. BUSINESS EXPOSITION Councilmember Kawashima noted the success of the Business Exposition. ABILITY PLUS SCHOOL Councilmember Kawashima commented on Ability Plus School's 25-year anniversary. PIONEER PARK Mayor Pro Tem Wodey and Councilmember Kawashima stated development of Pioneer Park had been an open process. SANTA ANA UNIFIED SCHOOL DISTRICT (SAUSD) Mayor Pro Tem Worley said the negotiations with SAUSD were nearing resolution. Minutes- City Council May 6, 2002- Page 8 MAY 14, 2002 CEREMONY Mayor Pro Tem Worley invited everyone to attend the May 14, 2002 ceremony when the Department of Navy transferred MCAS, Tustin to the City. NEWPORT AVENUE WIDENING Mayor Thomas noted the Newport Avenue widening issue would be addressed by Council in June. SIGNAL PHASING AT YORBA STREET AND VANDENBURG LANE Mayor Thomas requested staff address the traffic signal phasing problem at Yorba Street and Vandenburg Lane. ORANGE COUNTY RESCUE MISSION Mayor Thomas invited everyone to attend the groundbreaking for the Orange County Rescue Mission on May 11,2002. STATE OF THE CITY ADDRESS Mayor Thomas invited everyone to attend the May 31,2002 State of the City address at the Tustin Ranch Golf Course. NEIGHBORHOOD PARKS Mayor Thomas stated neighborhood parks were for use by the entire community. COMMITTEE REPORTS TUSTIN PRIDE COMMITTEE Councilmember Bone stated that Tustin Pride assisted in a Volunteer Connection program on refurbishing four tennis courts on School Lane, south of Sycamore Avenue. MAGLEV Councilmember Bone announced that Maglev had taken no action on proposed routes; and the state legislature had approved a $6 billion bond for high speed hard rail through Tustin and the City should take a position to oppose it. ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) Councilmember Bone reported that at the OCCOG meeting the housing elements had been discussed and most cities would appeal. Minutes- City Council May 6, 2002- Page 9 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Councilmember Bone stated at the SCAG meeting a White House speaker had addressed volunteerism; the President had approved $3.5 billion of which 75% would go to local agencies, cities and counties with volunteerism; and the Association had elected new officers. ORANGE COUNTY SANITATION BOARD Councilmember Kawashima reported the Sanitation Board would release offshore discharge study results in the near future. TRANSPORTATION CORRIDOR AGENCY (TCA) Mayor Pro Tem Worley commented on the financial problems of TCA and the toll roads. ADJOURNMENT- Mayor Thomas adjourned the meeting at 8:10 p.m. in memory of Deputy David March. The next regular meeting of the City Council was scheduled for Monday, May 20, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. JEFFERY M. THOMAS, MAYOR PAMELA STOKER, CITY CLERK Minutes- City Council May 6, 2002- Page 10