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HomeMy WebLinkAbout00 AGENDA 04-07-03CALL TO ORDER AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN APRIL 7, 2003 CLOSED SESSION - 5:30 P.M. PUBLIC SESSION - 7:00 P.M. CLOSED SESSION - 5:30 P.M. ROLL CALL PUBLIC INPUT - Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION - The City Council shall convene in closed session to confer with the City's real property negotiator (Government Code Section 54956.8): 1) Property: 1030-1036 Irvine Boulevard (Assessor's Parcel Number 500-102-01); Negotiators: City Manager or designee (City) and Dennis D. Hayden (Stevens Trust); and 2) Property: Parcels 1-C-1 and II1-C-3 (MCAS Tustin Reuse Plan Disposition Sites 10, 11, 40 and a portion of 42); Agency Negotiator: Assistant City Manager and Special Counsel Gilchrist & Rutter; Negotiating Parties: City of Tustin and Vestar Development II, LLC; Under Negotiation: Price and terms of payment. REGULAR MEETING - 7:00 P.M. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT PRESENTATION - Proposed Tunnel through Cleveland National Forest - Bill Vardoulis FIRST PUBLIC INPUT - At this time members of the public may address the City Council regarding any items not on the agenda, and within the subject matter jurisdiction of the City Council (no action can be taken on off-agenda items unless authorized by law). If you wish to address the City Council on any matter, please fill out one of the blue forms located on the speaker's podium and submit to the City Clerk so that your remarks on the digital recording of the meeting can be attributed to you. When you start to address the City Council, please state Agenda - City Council April 7, 2003 - Page 1 your full name for the record. Total time allotted for public input on non-agenda items is limited to thirty (30) minutes to one (1) hour, at the discretion of the presiding officer. A speaker may not relinquish her/his time to another speaker. A Public Input portion is provided both at the beginning and end of the meeting. PUBLIC HEARING - None CONSENT CALENDAR ( ITEMS I THROUGH 10 ) All matters listed under Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Council, staff or public request specific items be discussed and/or removed from the Consent Calendar for separate action. APPROVAL Of MINUTES - MARCH 17, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of March 17, 2003. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,745,754.20 and ratify Payroll in the amount of $923,508.11. PLANNING COMMISSION ACTION AGENDA - March 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 March 24, 2003. CLAIM OF PACIFIC BELL; CLAIM NO. 03-05 Recommendation: Deny the claim and send notice thereof to the claimant and the claimant's attorneys. FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT FOR PARCEL 33 Recommendation: Receive and file the First Amendment to DDA 03-01 and by such action validate the City Manager's execution of the First Amendment to DDA 03-01. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (APN 500-111-01 THROUGH 04: ROBERT H. KO AND NANCY M. KO) (CIP NO. 7118) Recommendation: (1) Adopt Resolution 03-49 finding that the acquisition of a portion of Assessor's Parcel Nos. 500-111-01 through 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 Robert H. Ko and Nancy M. Ko (hereinafter "seller"); and (2) Authorize the Mayor and City Clerk to execute the Purchase Agreement with Robert H. Ko and Nancy M. Ko on behalf of the City. RESOLUTION NO. 03-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NOS. 500-111-01 THROUGH 04 (13102-13152 NEWPORT AVENUE) WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION Agenda - City Council April 7, 2003 - Page 2 FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) AND APPROVING THE PURCHASE AGREEMENT. SUBMITTAL OF CITY OF TUSTIN APPLICATIONS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM, FISCAL YEARS 2003/2004 AND 2004/2005 Recommendation: Adopt Resolution No. 03-46 requesting that the Orange County Transportation Authority (OCTA) include the City of Tustin's projects in the Fiscal Years 2003/2004 and 2004/2005 Transportation Enhancement Activities (TEA) Program. RESOLUTION NO. 03-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21s'r CENTURY FOR THE EDINGER AVENUE BEAUTIFICATION PROJECT BETWEEN EAST OF RED HILL AVENUE AND WEST OF JAMBOREE ROAD, FISCAL YEAR 2004/2005, AND THE TUSTIN COMMUTER RAIL STATION BICYCLE LOCKER INSTALLATION PROJECT, FISCAL YEAR 2004/2005. APPOINTMENT TO FILL VACANCY IN BOARD OF DIRECTORS OF THE TUSTIN AREA SENIOR CENTER FUND, INC. Recommendation: Appoint Marc Lopez, Senior Advisory Board Chair, to the Board of Directors of the Tustin Area Senior Center Fund, Inc. WATER RATE/FEE STUDY REQUEST FOR PROPOSALS Recommendation: Approve the Request for Proposals and authorize the Finance Director to send it to qualified firms. 10. LOT LINE ADJUSTMENT NO. 03-01: PLANNING AREA-1 LEARNING VILLAGE AT TUSTIN LEGACY Recommendation: Adopt Resolution No. 03-50 approving Lot Line Adjustment No. 03- 01. RESOLUTION NO. 03-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 03-01. REGULAR BUSINESS ( ITEMS 11 THROUGH 21 ) 11. ORDINANCE NO. 1268 - ADDING PART 4 TO CHAPTER 6 OF THE TUSTIN MUNICIPAL CODE AUTHORIZING INFORMAL BIDDING FOR PUBLIC PROJECTS AND MAINTENANCE WORK OF $100,000.00 OR LESS Ordinance No. 1268 adds informal bidding sections to the Municipal Code, which will authorize informal bidding for public projects and maintenance work of $100,000.00 or less. Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1268 (roll call vote): Agenda - City Council April 7, 2003 - Page 3 12. ORDINANCE NO. 1268 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING PART 4 TO CHAPTER 6 OF THE TUSTIN MUNICIPAL CODE AUTHORIZING INFORMAL BIDDING FOR PUBLIC PROJECTS AND MAINTENANCE WORK OF $100,000.00 OR LESS ORDINANCE NO. 1269 -AMENDING PART 3 OF ARTICLE 1, OF THE TUSTIN CiTY CODE Ordinance No. 1269 amends Tustin City Code Article 1, Part 3 governing restrictions on gifts to conform the City's Code to state law. Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1269 (roll call vote): ORDINANCE NO. 1269 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 3 OF ARTICLE 1, OF THE TUSTIN CITY CODE 13. APPLICANTS FOR CULTURAL RESOURCES ADVISORY COMMI'I-rEE 14. 15. Staff is requesting the City Council set the date and time to conduct interviews to fill one vacancy on the Cultural Resources Advisory Committee. Recommendation by the Office of the City Clerk: Pleasure of the City Council. ADOPTION OF URGENCY ORDINANCE NO. 1272 TO EXTEND THE CURRENT CABLE TELEVISION FRANCHISE WITH COMCAST OF LOS ANGELES The current franchise with Comcast of Los Angeles expired in July of 2002 and has been extended on multiple occasions. Comcast has complied with all City requirements set forth in previous City Council actions. Approval of Urgency Ordinance No. 1272 will extend the existing franchise until June 16, 2003 to allow time to conclude franchise negotiations and to seek City Council approval of the new franchise agreement. Recommendation by the Public Works Department: Adopt Urgency Ordinance No. 1272 to extend the current cable television franchise with Comcast of Los Angeles, Inc. ORDINANCE NO. 1272 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING A CABLE TELEVISION FRANCHISE WITH COMCAST OF LOS ANGELES, INC. UNTIL JUNE 16, 2003. APPROVAL OF THE RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF ASSESSOR PARCELS APN 430-252-08, APN 430-252-09, APN 430-263-01, APN 430- 263-06, APN 430-263-07, APN 430-261-22 AND 23, APN 430-281-01, AND APN 430- 282-02 THROUGH 05 FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147) The proposed Resolutions will authorize Legal Counsel to acquire property by condemnation for the Edinger Avenue (Smart Street) Widening Project. Agenda - City Council April 7, 2003 - Page 4 16. Recommendation by the Public Works Department/Engineering Division: Adopt each Resolution by a four-fifths (4/5) vote authorizing and directing the City Attorney and/or Special Legal Counsel to acquire by condemnation, certain real property interests in the City of Tustin, State of California described below, and to obtain immediate possession, thereof, for the Edinger Avenue (Smart Street) Widening Project and declaring the public convenience and necessity thereof. Resolution No. 03-11 03-12 03-13 03-14 03-15 03-16 03-17 03-45 Assessor Parcel Number (APN) 430-252-08 (Kaufman) 430-252-09 (Russell) 430-263-01 (Young) 430-261-22 & 23 (SBC Pacific Bell) 430-263-07 (Mullin) 430-282-02 through 05 (Borchard Redhill) 430-281-01 (Borchard Redhill) 430-263-06 (Mullin) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF. APPROVAL OF THE RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF PARCELS APN 500-101-06, APN 500-101-07, APN 500-101-03, APN 500-101-01, APN 500-101-02, APN 500-101-04, AND APN 401-283-01 FOR THE IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) The proposed Resolutions will authorize Legal Counsel to acquire property by condemnation for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project. Recommendation by the Public Works Department/Engineering Division: Adopt each Resolution by a four-fifths (4/5) vote authorizing and directing the City Attorney and/or Special Legal Counsel to acquire by condemnation certain real property interests in the City of Tustin, State of California described below, and to obtain immediate possession, thereof, for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project and declaring the public convenience and necessity thereof. Resolution No. Assessor Parcel Number (APN) 03-18 500-101-06 03-19 500-101-07 03-20 500-101-03 03-21 500-101-01 03-22 500-101-02 03-23 500-101-04. 03-25 401-283-01 David S. Jones) Susan L. Jones) Stevens) Stevens) Stevens) Stevens) (Fitterer) Agenda - City Council April 7, 2003 - Page 5 17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY A'I-DORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE IRVlNE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF. AMENDMENTS TO THE 2000-01, 2001-02, AND 2002-03 ACTION PLANS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS In May of each fiscal year, the City submits to the U.S. Department of Housing and Urban Development (HUD) a one-year Action Plan as an application to receive the CDBG funds. The Community Development Department is proposing to amend the submitted Action Plans by reallocating funds from slower moving activities to more active activities. Recommendation by the Community Development Department: Adopt Resolution No. 03-48 amending the Action Plan for Fiscal Years 2000-01, 2001-02, and 2002-03. RESOLUTION NO. 03-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENTS TO THE CITY'S 2000-01, 2001-02, AND 2002-03 ACTION PLANS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING SUBMISSION OF THE AMENDMENTS TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 18. CODE AMENDMENT 03-002 - BUSINESS LICENSE TAX ORDINANCE The proposed amendment would establish a one-time business license application processing fee, give the Director of Community Development the authority to enforce the City's business license tax provisions, and make other minor Code changes. Recommendation by the Community Development Department: Introduce and have first reading by title only of the following Ordinance No. 1270: ORDINANCE NO. 1270 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 5 OF ARTICLE 2 OF THE TUSTIN CITY CODE RELATING TO THE BUSINESS LICENSE TAX. 19. STATUS REPORT ON THE KATHERINE SPUR LAND The Katherine Spur land is the abandoned railroad right-of-way located between the Tustin Meadows and Peppertree neighborhoods and the New Villa Valencia Mobile Home Park and Laurelwood neighborhood. Recommendation by the Community Development Department: That the City Council provide direction as deemed appropriate. Agenda - City Council April 7, 2003 - Page 6 20. CONDITIONAL SELECTION OF DEVELOPER FOR THE TUSTIN LEGACY RETAIL SITE (MCAS TUSTIN REUSE PLAN DISPOSITION PARCELS 10 AND 11) The MCAS Tustin City Council Ad Hoc Committee supported by the Technical Evaluation Team of City staff and consultants has reviewed responses to a Request for Proposal for the disposition and development of the Tustin Legacy Retail Site. Recommendation by the Redevelopment Agency staff: Conditionally select Vestar Development II, LLC as the developer of the Tustin Legacy Retail Site (MCAS Tustin Reuse Plan Disposition Parcels 10 and 11) and direct staff to prepare an Exclusive Negotiation Agreement for the disposition and development of the Site, which addresses the general principles, terms and issues identified in this report, to be brought back for City Council approval. 21. INTRODUCTION OF AN ORDINANCE REGULATING MOBILE VENDING The proposed Ordinance regulating mobile vending is based on the traffic hazards and special dangers to the public safety and welfare of children and residents in the City. It also aims at protecting the physical environment. The Ordinance will repeal Subsections (1) and (2) of Tustin City Code Section 5330(L) and will amend Chapter 3 of Article 3 of the Tustin City Code relating to Mobile Businesses. Recommendation by the City Attorney: Introduce and have first reading by title only of the following Ordinance No. 1274: ORDINANCE NO. 1274 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING SUBSECTIONS (1) AND (2) OF TUSTIN CITY CODE SECTION 5330(L) AND AMENDING CHAPTER 3 OF ARTICLE 3 OF THE TUSTIN CITY CODE RELATING TO MOBILE BUSINESSES. SECOND PUBLIC INPUT - At this time members of the public may address the City Council, the Tustin Community Redevelopment Agency, and any other City of Tustin agency, regarding any items not on the agenda and within the subject matter jurisdiction of the City Council acting as the City Council for the City of Tustin and as the Board of Directors for the Tustin Community Redevelopment Agency and any other City of Tustin agency. No action can be taken on off-agenda items unless authorized by law. If you wish to address the City Council on any matter, please fill out one of the blue forms located on the speaker's podium and submit to the City Clerk so that your remarks on the digital recording of the meeting can be attributed to you. Total time allotted for public input on non-agenda items is limited to thirty (30) minutes to one (1) hour, at the discretion of the presiding officer. A speaker may not relinquish her/his time to another speaker. When you start to address the City Council, please state your full name for the record. OTHER BUSINESS - City Manager, City Attorney, City Council COMMITTEE REPORTS - City Council ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, April 21, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council April 7, 2003 - Page 7