Loading...
HomeMy WebLinkAbout03 MINUTES 12-02-02 NO. 3 12-02-02 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA NOVEMBER 18, 2002 5:30 p.m. Council Preser~t: Council Absent: City Clerk: Others Present: None Announced CLOSED SESSION - 5:30 P.M. CALL TO ORDER ROLL CALL Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Worley (arrived at approximately 5:05 p.m.), Councilmembers Lou Bone, Mike Doyle and Tony Kawashima (arrived at approximately 5:10 p.m.) None Pamela Stoker William A. Huston, City Manager; Lois Jeffrey, City Attorney; and 0 in the audience. PUBLIC INPUT CLOSED SESSION - Mayor Thomas announced the City Council would convene in Closed Session to: 1. Confer with the City Attorney regarding pending litigation to which the City is a party, SAUSD vs. City of Tustin, Case Number 01CC02595 (state court matter). 2. Discuss substantial exposure to litigation (one case) pursuant to Government Code Section 54956.9(3)(A). 3. Confer with the City's real property negotiator. Property: 13011 Newport Avenue, Plaza La Fayette, LLC (Jack Stanaland), (Assessor's Parcel No. 401-221-24 and 401- 281-10). Negotiators: City Manager or his designee and Plaza La Fayette, LLC. Under Negotiation: Price and terms of payment. 4. Confer with the City's real property negotiator. Property: 13102- 13152 Newport Avenue, Interstate Properties Associates (Nader Daueshgar), (Assessor's Parcel No. 500- 111-01, 02, 03 and 04). Negotiators: City Manager or his designee and Interstate Properties Associates. Under Negotiation: Price and terms of payment. Minutes - City Council November 18, 2002 - Page 1 7:00 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: None None Martin Rigby 155 El Camino Real Tustin, CA Allan Browning 1131 E. Main Street Tustin, CA Louis O. Schulte 18082 Shadel Drive Santa Ana, CA Continued to February 17, 2003 REGULAR MEETING - 7:00 P.M. CALL TO ORDER INVOCATION - Councilmember Bone PLEDGE OF ALLEGIANCE - Councilmember Kawashima ROLL CALL Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Worley, Councilmembers Mike Doyle, Lou Bone 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; Elizabeth Binsack, Director of Community Development; Fred Wakefield, Police Captain; Pat Sanchez, Director of Parks and Recreation; Dana .Kasdan, Engineering Services Manager; Sam Altowaiji, Field Services Manager; Brian Ragland, Water Services Manager; Dana Ogdon, Redevelopment Program Manager; Khanh Nguyen, Building Official; Scott Reekstin, Senior Planner; and approximately 30 in the audience. CLOSED SESSION REPORT PROCLAMATION/CERTIFICATE OF RECOGNITION FIRST PUBLIC INPUT Introduced new business in the City, Acorn Naturalists, an education resource store on El Camino Real and thanked staff and Council for support. Thanked everyone who attended the Chamber Of Commerce events during the past month; commented on the success of Tustin's Veteran's Day Parade; and thanked the City for their support. Spoke concerning the Orange County Grand Jury recruitment process PUBLIC HEARING (ITEM 1 ) 1. CODE AMENDMENT 02-007 It was moved by Bone, seconded by Worley, to continue Minutes - City Council November 18, 2002 - Page 2 · Approved Approved Ratified Approved Adopted Resolution Nos. 02-101 and 02-102 this item to the February 17, 2003 City Council meeting. Motion carried 5-0. CONSENT CALENDAR (ITEMS 2 THROUGH 14) Items No. 8 and 11 were removed from the Consent Calendar by Mayor Pro Tem Thomas and Councilmember Doyle, respectively. It was moved by Bone, seconded by Kawashima to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. . APPROVAL OF MINUTES - NOVEMBER 4, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of November 4, 2002. . APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,072,314.83 and ratify Payroll in the amount of $442,726.90. , PLANNING COMMISSION ACTION AGENDA- November 12, 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 November 12, 2002. , APPROVAL OF AGREEMENT WITH THE RAYMOND J. LARSON FAMILY TRUST, THE DONAHUE-SCHRIBER CORPORATION, AND ROD FRASER ENTERPRISES, INC. REGARDING THE IRVINE BOULEVARD STORM DRAIN PROJECT (CIP NO. 5024) Recommendation: Approve the Agreement with the Raymond J. Larson Family Trust, the Donahue-Schriber Corporation, and Rod Fraser Enterprises, Inc. regarding the Irvine Boulevard Storm Drain Project and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City as recommended by the Public Works Department/Engineering Division. , ADOPTION OF FINAL NEGATIVE DECLARATION AND APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS -IRVINE BOULEVARD STORM DRAIN PROJECT (CIP NO. 5024) Recommendation by the Public Works Department/Engineering Division: Minutes - City Council November 18, 2002 - Page 3 Adopted Resolution No. 02-106 Approved Adopted Resolution No. 02-103 Approved . , 10. Adopt the following Resolution Nos. 02-101 and 02-102: RESOLUTION NO. 02-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR THE IRVINE BOULEVARD STORM DRAIN PROJECT (CIP NO. 5024) AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 02-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE IRVINE BOULEVARD STORM DRAIN PROJECT- PHASE 1 (CIP NO. 5024) AND AUTHORIZING ADVERTISEMENT FOR BIDS RESOLUTION NO. 02-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER Recommendation: Adopt Resolution No. 02-106, approving Amendment No. 4 to the Employment Agreement with the City Manager as recommended by the City Attorney. DECLARATION OF SURPLUS OFFICE FURNITURE Recommendation: Declare the miscellaneous furniture detailed in the attached report 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 furniture at public auction as recommended by the Public Works Department/Field Services Division. RESOLUTION NO. 02-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2002- 2003 (CIP NO. 7001), AND ANNUAL SIDEWALK, CURB AND GUTTER REPAIR PROJECT, FY 2002-2003 (PROJECT NO. 402-6235), AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 02-103, approving the plans and specifications for the Annual Major Maintenance Project, FY 2002-2003 (CIP 7001), and Annual Sidewalk, Curb and Gutter Repair Project, FY 2002- 2003 (Project No. 402-6235) and authorizing and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. 12. DECLARATION OF SURPLUS ITEMS AT MCAS - TUSTIN HOUSING UNITS Minutes - City Council November 18, 2002 - Page 4 Approved Adopted Resolution No. 02-107 Adopted Resolution No. 02-105 Recommendation: Declare the miscellaneous appliances' detailed in the attached report as surplus and not required for public use, in accordance with the Tustin City Code Section 1626, approve the sealed bid public auction documents and authorize the City Clerk to advertise for and the City to sell said appliances at the proposed sealed bid public auction as recommended by the Public Works Department/Field Services Division. 13. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Recommendation by the Community Development Department: 1. Authorize the use of City AB 2766 funds for the Tustin Commuter Rail Station; and, . Authorize the City Manager to approve additional AB 2766 expenditures, consistent with Air Quality Management District guidance, throughout the 2002/2003 program year as needed. 14. RESOLUTION NO. 02-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DELEGATING TO THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE THE AUTHORITY TO GIVE NOTICE ON BEHALF OF THE CITY COUNCIL EITHER BY MAIL OR PERSONAL SERVICE AS PROVIDED IN CODE OF CIVIL PROCEDURE SECTION 1245.235 Recommendation: Adopt Resolution No. 02-107, delegating to the City Manager or City Manager's designee the authority to provide notice of a hearing on a proposed Resolution of Necessity as recommended by the City Attorney. ITEMS REMOVED FROM CONSENT CALENDAR , RESOLUTION NO. 02-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ACCEPTING THE WORKS OF IMPROVEMENTS AND AUTHORIZING RECORDATION OF A NOTICE OF COMPLETION FOR THE INSTALLATION OF AUTOMATIC DOOR MECHANISM FOR THE CITY HALL MAIN ENTRANCE (CIP NO. 1032) Mayor Pro Tem Worley stated this item was not the item she would like removed and requested Item No. 11 be removed from the Consent Calendar. It was moved by WOrley, seconded by Bone, to approve Minutes - City Council November 18, 2002 - Page 5 Approved Adopted Ordinance No. 1262 None Resolution No. 02-105. Motion carried 5-0. 11. INTERIM AGRICULTURAL PROPOSALS, MCAS TUSTIN Councilmember Doyle and Mayor Pro Tem Worley questioned why the prospective agricultural tenant was paying costs of lease negotiation. William Huston, City Manager responded the bidders took into account costs of negotiating lease agreement in their proposal; it was not an uncommon condition in City proposals; and the monies would be used to offset future costs at base. Christine Shingleton, Assistant City Manager also responded the costs were extraordinary or direct expenses, not overhead; and it was customary for developers to pay planning support costs on transactions similar to this. It was moved by Doyle, seconded by Kawashima, to approve Interim agricultural proposals, MCAS Tustin. Motion carried 5-0. REGULAR BUSINESS (ITEM 15 ) 15. ORDINANCE NO. 1262- ADOPTING BY REFERENCE VARIOUS CONSTRUCTION CODES WITH AMENDMENTS AND APPENDICES It was moved by Wodey, seconded by Kawashima, to have second reading by title only and adoption of Ordinance No. 1262. Pamela Stoker, City Clerk, read the following Ordinance No. 1262 by title only: ORDINANCE NO. 1262- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT THE 2001 EDITIONS OF THE CALIFORNIA CODES AND RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS THERETO Motion carried 5-0 (roll call vote). SECOND PUBLIC INPUT Minutes - City Council November 18, 2002 - Page 6 OTHER BUSINESS FORMER PRESIDENT CLINTON Councilmember Doyle commented on issues concerning former President Clinton and Senator Hillary Clinton. VETERAN'S DAY PARADE Council congratulated Allan Browning for his efforts with the Veteran's Day Parade and stated that it was a successful event. ADJOURN MEETING IN MEMORY OF PETE OSWALD & JAMES BURMEISTER Councilmember Doyle asked that the City Council meeting be adjourned in memory of United States Navy Commander Pete Oswald and James Burmeister. COUNCILMAN ELECT DOUG DAVERT Council congratulated Doug Davert on his successful campaign and stated that Councilmember Mike Doyle would be missed. KATHERINE SPUR LAND Councilmember Bone suggested a meeting with residents who's properties back up to the Katherine Spur land. TUSTIN LIBRARY Councilmember Kawashima reported that the Orange County Library Board announced the Tustin Library would be receiving $40,000 less in funding this year. Mayor Pro Tem Worley stated the Library Commission would be making their selections to award funding on December 2, 2002 and the Tustin library was under consideration for the grant. ELECTION SIGNS Councilmember Kawashima requested the sign Ordinance be changed to require election signs be removed within one week instead of 30 days. ACORN NATURALISTS Councilmember Kawashima encouraged the public to visit the newly opened Acorn Naturalists on El Camino Real. CENTENNIAL PARK WORKSHOP Councilmember Kawashima reminded everyone about the Centennial Park Workshop scheduled for November 21,2002 at 3:00 pm. and invited the public to attend. Minutes - City Council November 18, 2002 - Page 7 CAMPAIGN Mayor Pro Tem Worley thanked the students who worked on her campaign. MINORITIES UN-REPRESENTED Mayor Pro'Tem Worley commented on an article in the Tustin News concerning minorities being under-represented. SWINGING DOOR BAR Mayor Pro Tem Worley remarked on an article in the LA Times that mentioned the Swinging Door Bar in Tustin receiving recognition as one of the 20 best bars in the country. INDIAN PRINCESS Mayor Thomas commented on an orientation given to a local Indian Princess tribe by the Tustin Police Department and the Mayor and thanked staff for their assistance. SUPERVISOR SPITZER AND ASSEMBLYMAN CAMPBELL Mayor Thomas suggested that Supervisor Todd Spitzer and Assemblyman Bill Campbell receive proclamations for their service. MAYOR'S PRAYER BREAKFAST Mayor Thomas commented that the Mayor's Prayer Breakfast was a great success. TREE LIGHTING CEREMONY Mayor Thomas announced the Tree Lighting Ceremony was scheduled for December 6, 2002. THANKSGIVING Mayor Thomas wished everyone a Happy Thanksgiving. COMMITTEE REPORTS LEAGUE OF CALIFORNIA CITIES Councilmember Bone reported the League of California Cities election results. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Councilmember Bone reported that the SCAG Transportation Policy Committee approved the route from Union Station to March Air Force Base. Minutes - City Council November 18, 2002 - Page 8 GROWTH MANAGEMENT AREAS Councilmember Bone reported on the Growth Management Areas meeting which approved preliminary engineering and environmental work for the Red Hill Avenue grade separation and construction plans for the Barranca Parkway, Dyer Road and Red Hill intersection. ADJOURNMENT- Mayor Thomas adjourned the meeting at 7:58 p.m. in memory of Navy Commander Pete Oswald and James Burmeister. The next regular meeting of the City Council was scheduled for Monday, December 2, 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 November 18, 2002 - Page 9