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Home My WebLink About05 CC Actn Agenda 4-7-03Report to the ITEM #5 Planning Commission DATE: SUBJECT: PRESENTATION: ATTACHMENTS: APRIL 14, 2003 CITY COUNCIL ACTION AGENDA APRIL 7, 2O03 ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL ACTION AGENDA APRIL 7, 2003 5:30 pm All Present None 7:00 pm Given Given All Present None Given Phil Cox Retha Roberts ACTION 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. CALL TO ORDER ROLL CALL PUBLIC INPUT 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 III-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 Spoke concerning issues in Old Town Tustin; extended an invitation to Tustin Area Museum. Spoke representing Tustin Effective Apartment Managers (TEAM) regarding issues within Southwest portion of Tustin; Action Agenda - City Council April 7, 2003 - Page 1 Candy Keaney Approved Approved Ratified Approved Approved Adopted Resolution No. O3-49 Spoke representing Tustin Effective Apartment Managers (TEAM) concerning additional issues in Southwest Tustin. PUBLIC HEARING - None CONSENT CALENDAR (ITEMS 1 THROUGH 10 ) . 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. o 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. Action Agenda - City Council April 7, 2003 - Page 2 Adopted Resolution No. 03-46 Approved Approved Adopted Resolution No. 03-50 , , , 10. 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 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. 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, Action Agenda - City Council April 7, 2003 - Page 3 Adopted Ordinance No. 1268 Adopted Ordinance No. 1269 Interviews set for May 5, 2003 at 5:30 p.m. 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): 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 12. 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 COMMITTEE 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. Action Agenda - City Council April 7, 2003 - Page 4 Adopted Ordinance No. 1272 Adopted Resolution Nos.: 03-11, 03-13, 03-14, 03- 15, 03-16, 03-17, 03-45 Continued Resolution No. 03-12 14. 15. 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. 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 Assessor Parcel Number (APN) 430-252-08 (Kaufman) 430-252-09 (Russell) Action Agenda - City Council April 7, 2003 - Page 5 Adopted Resolution Nos.: 03-18, 03-19, 03-20, 03- 21, 03-22, 03-23, 03-25 16. 03-13 03-14 03-15 03-16 03-17 03-45 430-263-01 (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. 03-18 03-19 03-20 03-21 03-22 03-23 Assessor Parcel Number (APN) 500-101-06 (David S. Jones) 500-101-07 (Susan L. Jones) 500-101-03 (Stevens) 500-101-01 (Stevens) 500-101-02 (Stevens) 500-101-04 (Stevens) Action Agenda - City Council April 7, 2003 - Page 6 03-25 401-283-01 (Fitterer) Adopted Resolution No. O3-48 Introduced Ordinance No. 1270 as amended 17. 18. 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 IRVINE 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. 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 Action Agenda - City Council April 7, 2003 - Page 7 Continued to 4/21/03 Approved Introduced Ordinance No. 1274 19. 20. 21. 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. 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. 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. 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 Action Agenda - City Council April 7, 2003 - Page 8 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. None SECOND PUBLIC INPUT OTHER BUSINESS - City Manager, City Attorney, City Council Davert Announced Spring Egg Hunt on April 19,2003 at 9:30 am. Expressed appreciation to U.S. Armed Forces in Iraq. Commented on the Tustin Gang Unit ride along. Bone Commented on visit to Washington D.C. Reported on Southern California Association of Government Transportation Committee's support for bills which lower the 2/3 vote to 55%. Announced new positions in Southern California Association of Government Regional Council. Reported the Santa Ana River Project Committee took no position on AB 496. Reported the Water Advisory Committee of Orange County (WACO) statistic that Tustin water usage has been below average. Reported on League of California Cities conference in Sacramento; Thomas Stated support for United States troops in Iraq. Kawashima Stated that family member enlisted in US Army and requested deployment to Middle East or Korea. Commented concerning the ability and duty for Council to serve and represent every segment in the community. Reported the Orange County Sanitation Board is performing an asset management review. Commented on Principal for a Day event. Stated that Tustin's track meet was well attended. Action Agenda - City Council April 7, 2003 - Page 9 Worley Expressed sympathy for Donnie Smith, and his family, in the passing of his wife; and also, the loss of Randy Smith, an Orange County lobbyist and known activist. COMMITTEE REPORTS - City Council 9:10 pm 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. Action Agenda - City Council April 7, 2003 - Page 10 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY CITY OF TUSTIN, CALIFORNIA APRIL 7, 2003 9:11 pm All Present None Approved None 9:11 pm CALL TO ORDER ROLL CALL PUBLIC INPUT REGULAR BUSINESS (ITEM 1 ) , APPROVAL OF MINUTES- MARCH 17, 2003 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of March 17, 2003. OTHER BUSINESS CLOSED SESSION - None ADJOURNMENT - The next regular meeting of the Redevelopment Agency is scheduled for Monday, April 21, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - Redevelopment Agency April 7, 2003 - Page 1