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Home My WebLink About02 MINUTES 02-18-03NO. 2 02-18-03 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA FEBRUARY 3, 2003 5:30 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced CLOSED SESSION - 5:30 P.M. CALL TO ORDER ROLL CALL Mayor Tracy Wills Worley, Mayor Pro Tem Tony Kawashima, Councilmembers Lou Bone, Doug Davert and Councilmember Jeffery M. Thomas Pamela Stoker William A. Huston, City Manager; Lois Jeffrey, City Attorney; and 0 in the audience. PUBLIC INPUT CLOSED SESSION Mayor Pro Tem announced the City Council would convene in closed session to 1. Confer with the City Attorney pursuant to Government Code Section 54956.9(b), significant exposure to litigation, two (2) cases. 2.Confer with the City's real property negotiator (Government Code Section 54956.8). Property: 1082 Old Irvine Boulevard (Assessor's Parcel Number 500-101-07); 1062 Old Irvine Boulevard (Assessor's Parcel Number 500-101-06); 12932 Newport Avenue (Assessor's Parcel Number 501-081-04); 13052 Newport Avenue (Assessor's Parcel Number 500-101-03); 13032 Newport Avenue (Assessor's Parcel Number 500-101-02); 13022- 13024 Newport Avenue (Assessor's Parcel Number 500-101-01); 1021 - 1025 Irvine Boulevard (Assessor's Parcel Number 500-101- 04); 18410 Irvine Boulevard (Assessor's Parcel Number 401- 283-01); 1231 Edinger Avenue (Assessor's Parcel Number 430- 263-01); 1421 Edinger Avenue (Assessor's Parcel Numbers 430- 263-06 & 07); 1442 - 1472 Edinger Avenue (Assessor's Parcel Numbers 430-261-22 & 23); 14982 Red Hill Avenue (Assessor's Parcel Number 430-281-01); 15222 Del Amo Avenue (Assessor's Parcel Number 430-253-14); 15442 Del Amo Avenue (Assessor's Parcel Number 430-253-12); and 15332 Del Amo Avenue (Assessor's Parcel Number 430-253- 13)Negotiators: City Manager or designee (City) and Susan Jones (Morrow/Jones), Eleanor S. Fisher (Fisher-Lester), Dennis D. Hayden (Stevens Trust), Thomas M. Fitterer (Fitterer Trust). George Y. Young, John Mullin (Mullin Lumber Company), Linda Rankin (SBC Pacific Bell), Jim McKenzie (Borchard Redhill), Minutes - City Council February 3, 2003 - Page 1 7:03 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: None Craig Furniss 399 El Camino Real Tustin, CA Cheryl Todd (Catellus Finance I, LLC), and Jeffrey P. Walsworth (Orange County Teachers Federal Credit Union). Upon recommendation of the City Attorney, the City Council determined as follows: 1) That for the reasons set forth in a memorandum to the City Council from the City Attorney, there is an immediate need to take action which need arose after the agenda was posted, and 2) to add an item to the closed session agenda entitled: To confer with the City Attorney regarding pending litigation, Herold vs. City of Tustin, Steve Foster, Nathan Murphy, Kay Breskin, Sergeant Pickney and Officer Marcotte, Case No. SCAV 01-1192. It was moved by Davert, seconded by Bone, to add the above pending litigation to the Closed Session Agenda. Motion carried 4-0, Thomas absent. REGULAR MEETING- 7:00 P.M. CALL TO ORDER INVOCATION - Councilmember Bone PLEDGE OF ALLEGIANCE - Councilmember Bone ROLL CALL Mayor Tracy Wills Worley, Mayor Pro Tem Tony Kawashima, Councilmembers Lou Bone, and Doug Davert Councilmember Jeffery M. Thomas 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; Steve Foster, Chief of Police; Pat Sanchez, Director of Parks and Recreation; Doug Anderson, Senior Project Manager; Dana Kasdan, Engineering Services Manager; Sam Altowaiji, Field Services Manager; Brian Ragland, Water Services Manager; Scott Reekstin, Senior Planner; and approximately 20 in the audience. CLOSED SESSION REPORT FIRST PUBLIC INPUT Spoke concerning the Chamber of Commerce Business Vitality Survey and announced the deadline had been extended to Friday, February 7, 2003. Minutes - City Council February 3, 2003 - Page 2 Approved Approved Approved Approved Approved CONSENT CALENDAR (ITEMS 1 THROUGH 6 ) It was moved by Davert, seconded by Kawashima, to approve the Consent Calendar as recommended by staff. Motion carried 4-0, Thomas absent. , APPROVAL OF MINUTES - JANUARY 15, 2003 SPECIAL MEETING AND JANUARY 21,2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of January 15, 2003 and January 21,2003. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,232,802.12 and ratify Payroll in the amount of $679,875.22. PARCEL 34 - TUSTIN LEGACY - EXCLUSIVE AGREEMENT TO NEGOTIATE WITH JOHN LAING HOMES Recommendation: Authorize the City Manager's execution of the Exclusive Agreement to Negotiate (ENA) between the City of Tustin and the Developer, WL Homes, LLC, a Delaware limited liability company doing business as John Laing Homes, authorizing minor changes to be made subject to approval of the City's special real estate counsel Gilchrist & Rutter. , AWARD OF CONTRACT FOR CONSTRUCTION OF THE RED HILL AVENUE AND SAN JUAN STREET TRAFFIC SIGNAL MODIFICATION/UPGRADE (CIP NO. 4062) Recommendation: Award the construction contract for the Red Hill Avenue and San Juan Street Traffic Signal Modification/Upgrade Project (CIP No. 4062) to KDC, Inc., dba Dynalectric, the Iow bidder in the amount of $118,014.00, and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. o AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2002-2003 (CIP NO. 7001), AND ANNUAL SIDEWALK, CURB AND GUTTER REPAIR PROJECT, BY 2002-2003 (PROJECT NO. 402-6235) Recommendation: Award the construction contract 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) to Ben's Asphalt, Inc., the Iow bidder in the amount of $562,803.46, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. Minutes - City Council February 3, 2003 - Page 3 Approved , CLAIM OF SANDY WOOD, CLAIM NO. 03-03 Recommendation: Deny the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys. REGULAR BUSINESS (ITEMS 7 THROUGH 9 ) Interview date set for February 18, 2003 at 5:30p.m. . APPLICANTS FOR COMMISSION/COMMITTEE VACANCIES Council unanimously concurred to set the date for interviews to fill vacancies on the Planning Commission, Parks and Recreation Commission, and Audit Committee for February 18, 2003 at 5:30 p.m. Adopted Ordinance No. 1257 , ORDINANCE NO. 1257- APPROVING ZONE CHANGE 02-006 ADDING SECTION 9246 TO THE TUSTIN CITY CODE AND AMENDING THE TUSTIN ZONING MAP It was moved by Davert, seconded by Bone, to have second reading by title only and adoption of Ordinance No. 1257. Pamela Stoker, City Clerk, read the following Ordinance No. 1257 by title only: ORDINANCE NO. 1257- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 02-006, AN AMENDMENT TO THE TUSTIN ZONING MAP TO RECLASSIFY CERTAIN PROPERTIES FROM THEIR EXISTING PUBLIC AND INSTITUTIONAL (P&I) DISTRICT ZONING DESIGNATION TO MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN) IN ORDER TO ESTABLISH CONSISTENCY WITH GENERAL PLAN AMENDMENT 00-001, AND THE ADDITION OF SECTION 9246 TO THE TUSTIN CITY CODE RELATED TO THE ESTABLISHMENT OF THE MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN) ZONING REGULATIONS. Motion carried 4-0, Thomas absent (roll call vote). Adopted Ordinance No. 1263 . ORDINANCE NO. 1263 - ADOPTING BY REFERENCE THE UNIFORM FIRE CODE WITH AMENDMENTS AND APPENDICES It was moved by Davert, seconded by Kawashima, to have second reading by title only and adoption of Ordinance No. 1263. Minutes - City Council February 3, 2003 - Page 4 Pamela Stoker, City Clerk, read the following Ordinance No. 1263 by title only: ORDINANCE NO. 1263- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED CHAPTER OF ARTICLE 5 OF THE TUSTIN CITY CODE TO ADOPT THE 2001 CALIFORNIA FIRE CODE AND THE 2000 UNIFORM FIRE CODE AS AMENDED THERETO Motion carried 4-0, Thomas absent (roll call vote). None SECOND PUBLIC INPUT OTHER BUSINESS SUPERVISOR BILL CAMPBELL Councilmember Davert congratulated Supervisor Bill Campbell on his recent election to the Orange County Board of Supervisors. SCHOOLS Councilmember Davert commented concerning the public use of school grounds after hours. SPACE SHU'I-FLE COLUMBIA Councilmember Davert expressed thoughts regarding the Space Shuttle Columbia tragedy. Councilmember Bone requested adjouming the meeting in memory of the astronauts who lost their lives in the Space Shuttle Colombia tragedy. MEASURE G OVERSIGHT COMMITTEE Councilmember Davert congratulated Steve Kozak, Planning Commission Chairperson and George Jeffries, City Treasurer on their recent appointment to the Measure G Oversight Committee. GET WELL WISHES Councilmember Davert wished his mother a speedy recovery after her recent surgery. BOYS AND GIRLS CLUB OF TUSTIN Councilmember Bone reported on the Boys and Gids Club of Tustin tour of City Hall and Police Department. Minutes - City Council February 3, 2003 - Page 5 ORANGE COUNTY JUDGES Councilmember Bone noted his attendance at the enrobing ceremonies of newly elected Orange County judges, Lance P. Jensen and Kimberly Menninger. OUTSTANDING INVENTORS CONVENTION Councilmember Bone stated that he and Mayor Pro Tem Kawashima, were judges at the Outstanding Inventions of the Future convention at Irvine Valley College; and he was impressed with the various inventions from elementary students. Mayor Pro Tem Kawashima commented on the impressive displays at the Outstanding Inventors convention he attended with Councilmember Bone. 2004 ELECTION Councilmember Bone remarked on the selection of voting machines to be used at the 2004 election in Orange County. DESIGN STANDARDS Mayor Pro Tem Kawashima stated that he obtained Universal Design Standards for new home construction from the City of Brea for the staff's review and consideration. AGRICULTURE Mayor Pro Tem Kawashima asked about implementing a citywide interim farming policy. William Huston, City Manager, responded the City Attorney would evaluate the possibility of an interim farming policy and advise Council. TUSTIN UNIFIED SCHOOL DISTRICT Mayor Pro Tem Kawashima commented that the anticipated joint meeting with the Tustin Unified School District was tentatively scheduled for March 31,2003. SKATEBOARD PARK Mayor Worley inquired on the status of forming a skateboard park committee. Pat Sanchez, Director of Parks and Recreation Services, responded the Parks and Recreation Commission would be discussing the skateboard park committee on February 12, 2003 and would present a recommendation to Council at a later meeting. COMMITTEE REPORTS TUSTIN PRIDE COMMITTEE Councilmember Bone announced the Tustin Pride Committee had elected new officers for 2003. Minutes - City Council February 3, 2003 - Page 6 SANTA ANA RIVER FLOOD PROTECTION AGENCY Councilmember Bone reported on the Santa Ana River Flood Protection Agency; the recent loss of funds had delayed the Prado Dam project; and he was elected to serve on the Executive Committee. ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) Councilmember Bone commented on the Orange County Council of Governments meeting; the local housing and job forecasts were forwarded to Southern California Association of Governments for review; and he was elected as Vice-Chair of OCCOG for 2003. ORANGE COUNTY LEAGUE OF CITIES Councilmember Bone remarked on the League of California Cities meeting; various transportation and public works issues were discussed; and he would forward the information to staff. ADJOURNMENT - Mayor Worley adjourned the meeting at 7:28 p.m. The next regular meeting of the City Council was scheduled for Tuesday, February 18, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, CITY CLERK Minutes - City Council February 3, 2003 - Page 7