HomeMy WebLinkAboutCC MINUTES 2003 03 035:30 p.m.
Council Present:
........... Council Absent:
City Clerk:
Others Present:
None
Announced
7:01 p.m.
Council Present:
Council Absent:
City Clerk:
Others Present:
Given
Given
See Page1
None
Presented
None
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
MARCH 3, 2003
CLOSED SESSION - 5:30 P.M.
CALL TO ORDER
ROLL CALL
Mayor Tracy Wills Worley, Mayor Pro Tem Tony Kawashima,
Councilmembers Ecu 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 Wodey 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 AM 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; Pon 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.
PLEDGE OF ALLEGIANCE - Councilmember Thomas
INVOCATION- Councilmember Bone
ROLL CALL
CLOSED SESSION REPORT
PRESENTATION - State of the Pride
FIRST PUBLIC INPUT
Minutes - City Council March 3, 2003 - Page I
Continued to March 17,
2003
Adopted Resolution No.
03-29 as revised
Adopted Resolution No.
03-32 as revised
.
PUBLIC HEARINGS ( ITEMS I 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.
Motio,. n carried 5-0.
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:
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 Bemstein, 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. le):
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.
Minutes - City Council March 3, 2003 -- Page 2
Approved
Approved
Ratified
Adopted Resolution No.
03-31
Approved
Adopted Resolution No.
03-35
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.
.
.
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.
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.
.
.
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.
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
I M PROVEM ENT AND AUTHORIZING TH E
RECORDATION OF THE NOTICE OF COMPLETION FOR
THE CATCH BASIN INSERT PROJECT FY 2002/03 (402-
6222).
.
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 lrvine 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.
.
APPROVAL OF RESOLUTION NO. 03-35 AUTHORIZING
THE ACCEPTANCE OF A CALIFORNIA STATE ENERGY
RESOURCES CONSERVATION AND DEVELOPMENT
COMMISSION GRANT FOR BATTERY BACKUP
Minutes -- City Council March 3, 2003 -- Page 3
Adopted Resolution No.
03-30
Adopted Resolution No.
03-28
Adopted Resolution No.
03-36
10.
11.
12.
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
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 (ClP 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.
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
Minutes - City Council March 3, 2003 - Page 4
Adopted Resolution No.
03-34
Adopted Resolution No.
03-03
13.
14.
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.
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.
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 BETWEEN THE CITY OF TUSTIN
AND THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION, CONCERNING WAGES, SALARIES,
FRINGE BENEFITS AND CONDITIONS OF
EMPLOYMENT.
Adopted Ordinance No.
1266
REGULAR BUSINESS ( ITEMS 15 THROUGH 18 )
15. ORDINANCE NO. 1266 -- AMENDING TUSTIN CITY
CODE SECTION 5331n TO DESIGNATE THE SOUTH
SIDE OF MITCHELL AVENUE BETWEEN
HEATHERFIELD DRIVE AND BROWNING AVENUE FOR
PERMIT PARKING
It was moved by Davert, seconded by Thomas, to have
second reading by title only and adoption of Ordinance No.
1266.
Approved staff
recommendation
16.
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
Minutes - City Council March 3, 2003 -- Page 5
Adopted Resolution No.
03-33 and approved staff
recommendations
17.
Appointed Leslie Pontious 18.
None
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-
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
E NV IRO N M E NTAL I M PACT
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.
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.
SECOND PUBLIC INPUT
Minutes -- City Council March 3, 2003 -- Page 6
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.
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 Tern Kawashima announced the Miss Tustin Pageant would be held on
Saturday, March 8, 2003.
TUSTIN EAST LITTLE LEAGUE
Mayor Pro Tern 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 Tern 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.
Minutes -- City Council March 3, 2003 -- Page 7
MINUTES
REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY
CITY OF TUSTIN, CALIFORNIA
MARCH 3, 2003
8:49 p.m.
CALL TO ORDER
Agency Present:
Agency Absent:
Recording Secretary:
Others Present:
None
ROLL CALL
Chair Tracy Wills Worley, Chair Pro Tem Tony Kawashima,
Agency Members Ecu Bone, Doug Davert and Jeffery M.
Thomas
None
Pamela Stoker
William A. Huston, Executive Director; Christine Shingleton,
Assistant Executive Director; Lois Jeffrey, City Attorney; George
Jeffries, City Treasurer; Pon Nault, Director of Finance; Arlene
Marks, Director of Human Resources; Tim Sedet, 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.
PUBLIC INPUT
Approved
None
REGULAR BUSINESS ( ITEM I )
1. APPROVAL OF MINUTES _
REGULAR MEETING
FEBRUARY 18, 2003
It was moved by Davert, seconded by Thomas, to approve
the Redevelopment Agency Minutes of February 18, 2003.
Motion carried 5-0.
OTHER BUSINESS
CLOSED SESSION - None
ADJOURNMENT _ Chair Worley adjourned the meeting at 8:49 p.m. The next regular meeting
of the Redevelopment Agency was scheduled for Monday, March 17, 2003, at 7:00 p.m. in the
Council Chamber at 300 Centennial Way.
PAMELA STOKER, REOORDING SECRETARY
Minutes -- Redevelopment Agency March 3, 2003 - Page I