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HomeMy WebLinkAbout03 MINUTES 03-17-035:30 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:01 p.m. Council Present: Council Absent: City Clerk: Others Present: MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MARCH 3, 2003 NO. 3 03-17-03 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 Jeffery M. Thomas None Pamela Stoker William A. Huston, City Manager; Lois Jeffrey, City Attorney; and 0 in the audience. PUBLIC INPUT CLOSED SESSION - Mayor Pro Tem 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; Garcia vs. City of Tustin, OCSC Case No. 01CC02149; 2) Herold vs. City of Tustin, et. al. USDC Case No. SC AV 01-1191 DOC MLG (x); and 3) significant exposure to litigation pursuant to Government Code Section 54956.9(b) (3) (A), one (1) case. REGULAR MEETING - 7:00 P.M. CALL TO ORDER ROLL CALL - Agenda Order Mayor Tracy Wills Worley, Mayor Pro Tem Tony Kawashima, Councilmembers Lou Bone, Doug Davert and Jeffery M. Thomas 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; 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; Brian Ragland, Water Services Manager; Scott Reekstin, Senior Planner; Justina Willkom, Associate Planner; and approximately 40 in the audience. Minutes - City Council March 3, 2003 - Page 1 Given PLEDGE OF ALLEGIANCE - Councilmember Thomas Given See Page 1 None Presented None Continued to March 17, 2003 Adopted Resolution No. 03-29 as revised Adopted Resolution No. 03-32 as revised INVOCATION- Councilmember Bone ROLL CALL CLOSED SESSION REPORT PRESENTATION - State of the Pride FIRST PUBLIC INPUT PUBLIC HEARINGS (ITEMS 1 THROUGH 3 ) 1. FEDERAL DISPOSAL SERVICE CONTRACT PERFORMANCE REVIEW It was moved by Davert, seconded by Kawashima, to continue this hearing to March 17, 2003. Motion carried 5-0. 2. TENTATIVE PARCEL MAP 2002-237 Mayor Worley opened the public hearing at 7:15 p.m. There were no speakers and the public hearing was closed. It was moved by Thomas, seconded by Kawashima, to adopt the following Resolution No. 03-29, as revised; (deleted condition 2.1 and modified condition 2.7): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2002-237 TO APPROVE TENTATIVE PARCEL MAP 2002-237 TO SUBDIVIDE A 38.04-ACRE PARCEL LOCATED AT 1123 WARNER AVENUE INTO A 22.61-ACRE PARCEL AND A 15.43-ACRE PARCEL TO ACCOMMODATE EXISTING AND FUTURE INDUSTRIAL DEVELOPMENT. Motion carried 5-0. 3. APPEAL OF CONDITIONAL USE PERMIT 02-016 Mayor Worley opened the public hearing at 7:35 p.m. The following members of the audience spoke in support of Appeal of Conditional Use Permit 02-016: Minutes - City Council March 3, 2003 - Page 2 James Ward, Tustin, CA Victor Bellaschi, Tustin, CA The following members of the audience spoke in opposition to Appeal of Conditional Use Permit 02-016: Bonnie Solomon, Tustin, CA Jan Cristofaro, Tustin, CA Miranda Bernstein, Tustin, CA There were no other speakers and the public hearing was closed. It was moved by Kawashima, seconded by Thomas, to adopt the following Resolution No. 03-32 as revised (modified condition 2.1 e): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE CONDITIONAL USE PERMIT 02-016 AUTHORIZING THE ESTABLISHMENT OF A LARGE FAMILY DAYCARE HOME, CARING FOR UP TO FOURTEEN (14) CHILDREN AT THE RESIDENCE LOCATED AT 13844 COMANCHE. Motion carried 5-0. CONSENT CALENDAR (ITEMS 4 THROUGH 14 ) It was moved by Thomas, seconded by Bone, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. Approved , APPROVAL OF MINUTES - FEBRUARY 18, 2003 SPECIAL MEETING, AND FEBRUARY 18, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of February 18, 2003 Special Meeting and Regular Meeting. Approved ! APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,044,405.12 and ratify Payroll in the amount of $447,823.08. Ratified , PLANNING COMMISSION ACTION AGENDA - FEBRUARY 24, 2003 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 February 24, 2003. Minutes - City Council March 3, 2003 - Page 3 Adopted Resolution No. 03-31 , ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE CATCH BASIN INSERT PROJECT FY 2002~03 (402-6222) Recommendation: Adopt Resolution No. 03-31 accepting the Catch Basin Insert Project FY 2002~03 (402-6222), and authorize 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 payment notices are filed, it is further recommended that thirty-five (35) days after the date of recordation of the Notice of Completion, the City Council authorize payment of the final 10% retention in the amount of $7,968.20 to United Storm Water, Inc. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE CATCH BASIN INSERT PROJECT FY 2002/03 (402- 6222). Approved . AWARD OF CONTRACT FOR THE IRVINE BOULEVARD STORM DRAIN PROJECT- PHASE I(CIP NO. 5024) Recommendation: (1) Relieve Southern California Underground Contractors, Inc. of its bid and return their bid bond due to their clerical error in calculating the bid; and (2) Award the construction contract for the Irvine Boulevard Storm Drain Project- Phase I (CIP No. 5024) to Radich Construction, Inc., the lowest responsible bidder in the amount of $595,295.45, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. Adopted Resolution No. 03-35 o APPROVAL OF RESOLUTION NO. 03-35 AUTHORIZING THE ACCEPTANCE OF A CALIFORNIA STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION GRANT FOR BATTERY BACKUP SYSTEMS FOR TRAFFIC SIGNALS Recommendation: Adopt Resolution No. 03-35 to authorize acceptance of a California State Energy Resources Conservation and Development Commission Grant for Battery Backup Systems for Traffic Signals. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF A CALIFORNIA STATE ENERGY Minutes - City Council March 3, 2003 - Page 4 Adopted Resolution No. 03-30 Adopted Resolution No. 03-28 10. 11. RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION GRANT FOR BATTERY BACKUP SYSTEMS FOR TRAFFIC SIGNALS. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (APN 401-221-24: PLAZA LAFAYETTE, LLC) (CIP NO. 7118) Recommendation: (1) Adopt Resolution No. 03-30 finding that the acquisition of a portion of Assessor's Parcel No. 401-221-24 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 with Plaza LaFayette, LLC; and (2) Authorize the Mayor and City Clerk to execute the Purchase Agreement with Plaza LaFayette, LLC on behalf of the City. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 401-221-24 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. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (APN 501-081-04: FISHER-LESTER COMPANY) (CIP NO. 7118) Recommendation: (1) Adopt Resolution No. 03-28 finding that the acquisition of a portion of Assessor's Parcel No. 501-081-04 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 with the Fisher- Lester Company; and (2) Authorize the Mayor and City Clerk to execute the Purchase Agreement with the Fisher- Lester Company on behalf of the City. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 501-081-04 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. Minutes - City Council March 3, 2003 - Page 5 Adopted Resolution No. 03-36 Adopted Resolution No. 03-34 Adopted Resolution No. 03-03 Adopted Ordinance No. 1266 12. AUTHORIZATION FOR THE STATE TO PURCHASE ONE JOHN DEERE TURF SWEEP Recommendation: Adopt Resolution No. 03-36 authorizing the General Services Department of the State of California to purchase a current model year John. Deere Turf Sweep on behalf of the City of Tustin. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS. 13. AUTHORIZATION FOR THE STATE TO PURCHASE ONE UTILITY BED TRUCK Recommendation: Adopt Resolution No. 03-34 authorizing the General Services Department of the State of California to purchase a current model year Utility Bed Truck on behalf of the City of Tustin. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS. 14. TUSTIN POLICE SUPPORT SERVICES ASSOCIATION MEMORANDUM OF UNDERSTANDING Recommendation: Adopt Resolution No. 03-03 amending the City's Classification and Compensation plans and approving a Memorandum of Understanding for the Tustin Police Support Services Association encompassing the time period of March 4, 2003 through December 31,2003. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETVVEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. REGULAR BUSINESS ( ITEMS 15 THROUGH 18 ) 15. ORDINANCE NO. 1266- AMENDING TUSTIN CITY CODE SECTION 5331n TO DESIGNATE THE SOUTH SIDE OF MITCHELL AVENUE BETVVEEN HEATHERFIELD DRIVE AND BROWNING AVENUE FOR PERMIT PARKING Minutes - City Council March 3, 2003 - Page 6 Approved staff recommendation Adopted Resolution No. 03-33 and approved staff recommendations 16. 17. It was moved by Davert, seconded by Thomas, to have second reading by title only and adoption of Ordinance No. 1266. Pamela Stoker, City Clerk, read the following Ordinance No. 1266 by title only: ORDINANCE NO. 1266 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5331n TO DESIGNATE THE SOUTH SIDE OF MITCHELL AVENUE BETWEEN HEATHERFIELD DRIVE AND BROWNING AVENUE FOR PERMIT PARKING. Motion carried 5-0 (roll call vote). CREATING A COMMUNITY WIDE TASK FORCE FOR SKATE PARK FACILITY SITE SELECTION It was moved by Thomas, seconded by Kawashima, to adopt the format and structure to create a community wide task force for the purpose of making a recommendation to the City Council for a suitable location, design and estimated cost for the construction and maintenance of a City-owned skate park facility. Motion carried 5-0. TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT (DDA 03-01) FOR PARCEL 33 It was moved by Davert, seconded by Thomas, to 1) adopt the following Resolution No. 03-33, 2) Approve and authorize the City Manager, or designee, to execute DDA 03-01 between the City of Tustin and WL Homes LLC for Parcel 33 and to carry out all actions necessary to implement the DDA including execution of all related documents and, upon satisfaction of all conditions and obligations of Developer thereto, to transfer Parcel 33 to the Developer, and 3) Authorize the waiver of parkland dedication fees for the 78 affordable housing units in the Project; and the provision of one acre of privately owned parkland on Parcel 33 to be accessible to the public and maintained by future residents of the Project with the fair market value of the one acre and improvements to the one acre as identified in DDA 03-01 to be a credit against the balance of required parkland dedication fees for the Project and the requirement that a balance of $1,544,493 in parkland dedication fees be paid to the City of Tustin pursuant to Sections 9331d(1)(c) and d(2)(b) of the Tustin City Code and in compliance with all provisions of DDA 03- Minutes - City Council March 3, 2003 - Page 7 01: RESOLUTION NO. 03-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT PURSUANT TO SECTION 15162 OF STATE CEQA GUIDELINES THE PROJECT IS WITHIN THE SCOPE OF THE FINAL JOINT PROGRAM MCAS ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS/EIR) AND NO NEW ENVIRONMENTAL DOCUMENT IS REQUIRED; APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED INTO THE PROJECT OR WILL BE CONDITIONS OF APPROVAL ON PENDING ENTITLEMENT APPLICATIONS. Motion carried 5-0. Appointed Leslie Pontious 18. APPOINTMENT OF PLANNING COMMISSIONER It was moved by Davert, seconded by Kawashima, to appoint Leslie Pontious to the Planning Commission. It was moved by Bone, seconded by Thomas, to appoint Brett Floyd to the Planning Commission. Motion carried 3-2, to appoint Leslie Pontious to the Planning Commission. None SECOND PUBLIC INPUT OTHER BUSINESS DISPOSITION DEVELOPMENT AGREEMENT Council commended Assistant City Manager Christine Shingleton and staff for their work on Disposition Development Agreement with WL Homes LLC. KATHERINE SPUR LAND Councilmember Bone requested status report on Katherine Spur land. Bill Huston, City Manager responded the item would be placed on a future Agenda for discussion. CHAMBER OF COMMERCE MIXER Councilmember Bone reported on a Chamber Mixer he attended. Minutes - City Council March 3, 2003 - Page 8 ELECTED OFFICIALS MEETING Councilmembers Bone and Thomas attended the Local Elected Officials meeting in Sacramento; the budget deficit was $26.1 billion due to increased spending and the addition of 91,000 employees to the State. AAA STORAGE Councilmember Thomas commented on calls he had received from a local business. Bill Huston, City Manager, responded the company, AAA Storage, was requesting a zone change and the Council would receive more information in the near future. TUSTIN POLICE DEPARTMENT GANG UNIT Mayor Pro Tem Kawashima reported the Tustin Police gang unit was understaffed and suggested possible staff increases in future. MISS TUSTIN PAGEANT Mayor Pro Tem Kawashima announced the Miss Tustin Pageant would be held on Saturday, March 8, 2003. TUSTIN EAST LI-I-i-LE LEAGUE Mayor Pro Tem Kawashima mentioned Tustin East Little League Opening Day on Saturday, March 8, 2003 at UTT Middle School. CITY COUNCIL PHOTOGRAPHS Mayor Worley commented on new Council photos in the Community Center, compliments of Mayor Pro Tem Kawashima. ADJOURNMENT - Mayor Worley adjourned the meeting at 8:49 p.m. The next regular meeting of the City Council was scheduled for Monday, March 17, 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 March 3, 2003 - Page 9