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Home My WebLink About02 MINUTES 04-21-035:30 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:00 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA APRIL 7, 2003 NO. 2 04-21-03 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; Doug Holland, Assistant City Attorney; and 0 in the audience. PUBLIC INPUT CLOSED SESSION - Mayor Worley announced the City Council would 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 - Councilmember Bone PLEDGE OF ALLEGIANCE - Councilmember Thomas 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; Christine Shingleton, Assistant City Manager; Doug Holland, Assistant City Attorney; George Jeffries, City Treasurer; Ron Nault, Director of Finance; Arlene Minutes - City Council April 7, 2003 - Page 1 None Presented Phil Cox 435 El Camino Real Tustin, CA Retha Roberts 2411 E. Coast Hwy. Corona Del Mar, CA Candy Keaney 16571 Alliance Avenue Tustin, CA Lee Tannenbaum 1681 Hunters Way Orange, CA Introduced Ordinance No. 1274 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; Scott Reekstin, Senior Planner; Karen Peterson, Senior Planner; Justina Willkom, Associate Planner; and approximately 60 in the audience. 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 everyone to visit the Tustin Area Museum. Represented Tustin Effective Apartment Managers (TEAM) regarding issues within southwest Tustin, including overcrowding, "hot bunking", parking problems, and mobile vendors. Resident manager and Tustin Effective Apartment Managers (TEAM) member; concerned with issues in southwest Tustin including a broken water main line, parking problems, overcrowding, commercial truck parking, broken and flooded sprinklers, properties without lawns, and street vendors. Expressed frustration with mobile vendors, damaged property; and submitted pictures to Council. 21. INTRODUCTION OF AN ORDINANCE REGULATING MOBILE VENDING- (Agenda Order) It was moved by Thomas, seconded by Davert, to introduce and have first reading by title only of Ordinance No. 1274. Pamela Stoker, City Clerk, read the following Ordinance No. 1274 by title only: 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. Minutes - City Council April 7, 2003 - Page 2 Approved Approved Ratified Approved Approved Adopted Resolution No. 03-49 Motion carried 5-0. CONSENT CALENDAR (ITEMS 1 THROUGH 10 ) It was moved by Bone, seconded by Davert, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. . 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. RESOLUTION NO. 03-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, Minutes - City Council April 7, 2003 - Page 3 Adopted Resolution No. 03-46 Approved Approved Adopted Resolution No. 03-50 . , , 10. 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 21sT 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, APPROVING LOT LINE ADJUSTMENT NO. 03-01. Minutes - City Council April 7, 2003 - Page 4 REGULAR BUSINESS (ITEMS 11 THROUGH 21 ) Adopted Ordinance No. 1268 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 It was moved by Davert, seconded by Thomas, to have second reading by title only and adoption of Ordinance No. 1268. Pamela Stoker, City Clerk, read the following Ordinance No. 1268 by title only: 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 Motion carried 5-0 (roll call vote). Adopted Ordinance No. 1269 12. ORDINANCE NO. 1269 - AMENDING PART 3 OF ARTICLE 1, OF THE TUSTIN CITY CODE It was moved by Davert, seconded by Thomas, to have second reading by title only and adoption of Ordinance No. 1269. Pamela Stoker, City Clerk read the following Ordinance No. 1269 by title only: 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 Motion carried 5-0 (roll call vote). Interviews set for May 5, 2003 at 5:30 p.m. 13. APPLICANTS FOR CULTURAL RESOURCES ADVISORY COMMITTEE Council unanimously concurred to set the date for interviews to fill a vacancy on the Cultural Resources Advisory Committee for May 5, 2003 at 5:30 p.m. Adopted Ordinance No. 1272 14. ADOPTION OF URGENCY ORDINANCE NO. 1272 TO EXTEND THE CURRENT CABLE TELEVISION FRANCHISE WITH COMCAST OF LOS ANGELES It was moved by Davert, seconded by Kawashima, to adopt Urgency Ordinance No. 1272, to extend the current cable Minutes - City Council April 7, 2003 - Page 5 Adopted Resolution Nos.: 03-11,03-13, 03-14, 03- 15, 03-16, 03-17, 03-45 Continued Resolution No. 03-12 to April 21, 2003 15. television franchise with Comcast of Los Angeles, Inc. Pamela Stoker, City Clerk, read the following Ordinance No. 1272 by title only: 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. Motion carried 5-0. APPROVAL OF THE RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF ASSESSOR PARCELS APN 430- 252-08, 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) 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. The above title reflects the following Resolutions: Resolution NO. 03-11 Motion: 03-13 Motion: 03-14 Motion: 03-15 Motion: 03-16 Motion: 03-17 Motion: 03-45 Motion: Assessor Parcel Number (APN) 430-252-08 (Kaufman) Moved by Davert, seconded by Bone. 430-263-01 (Young) Moved by Kawashima, seconded by Davert. 430-261-22 & 23 (SBC Pacific Bell) Moved by Davert, seconded by Kawashima. 430-263-07 (Mullin) Moved by Kawashima, seconded by Thomas. 430-282-02 through 05 (Borchard Redhill) Moved by Kawashima, seconded by Davert. 430-281-01 (Borchard Redhill) Moved by Davert, seconded by Kawashima. 430-263-06 (Mullin) Moved by Davert, seconded by Thomas. All motions carried 5-0. Minutes - City Council April 7, 2003 - Page 6 Adopted Resolution Nos.: 03-18, 03-19, 03-20, 03- 21, 03-22, 03-23, 03-25 Adopted Resolution No. 03-48 16. 17. 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) 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. The above title reflects the following Resolutions: Resolution No. 03-18 Motion: 03-19 Motion: 03-20 Motion: 03-21 Motion: 03-22 Motion: 03-23 Motion: 03-25 Motion: Assessor Parcel Number (APN) 500-101-06 (David S. Jones) Moved by Davert, seconded by Thomas. 500-101-07 (Susan L. Jones) Moved by Kawashima, seconded by Thomas. 500-101-03 (Stevens) Moved by Kawashima, seconded by Davert. 500-101-01 (Stevens) Moved by Kawashima, seconded by Davert. 500-101-02 (Stevens) Moved by Kawash~ma, seconded by Davert. 500-101-04 (Stevens) Moved by Kawashima, seconded by Davert. 401-283-01 (Fitterer) Moved by Kawashima, seconded by Davert. All motions carried 5-0. AMENDMENTS TO THE 2000-01, 2001-02, AND 2002-03 ACTION PLANS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS It was moved by Bone, seconded by Thomas, to adopt the following 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, Minutes - City Council April 7, 2003 - Page 7 Introduced Ordinance No. 1270 as amended Continued to the April 21, 2003 City Council meeting Approved See page 2 18. 19. 20. 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. Motion carried 5-0. CODE AMENDMENT 03-002 - BUSINESS LICENSE TAX ORDINANCE It was moved by Bone, seconded by Thomas, to introduce and have first reading by title only of Ordinance No. 1270, as amended to remove the business license application processing fee. Pamela Stoker, City Clerk, read the following Ordinance No. 1270, by title only: 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. Motion carried 5-0. STATUS REPORT ON THE KATHERINE SPUR LAND It was moved by Davert, seconded by Kawashima, to continue the Katherine Spur land report to the April 21, 2003 City Council meeting. Motion carried 5-0. CONDITIONAL SELECTION OF DEVELOPER FOR THE TUSTIN LEGACY RETAIL SITE (MCAS TUSTIN REUSE PLAN DISPOSITION PARCELS 10 AND 11) It was moved by Davert, seconded by Thomas, to 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. Motion carried 5-0. 21. INTRODUCTION OF AN ORDINANCE MOBILE VENDING Minutes - City Council April 7, 2003 - Page 8 REGULATING None SECOND PUBLIC INPUT OTHER BUSINESS SPRING EGG HUNT Councilmember Davert announced a Spring Egg Hunt on April 19, 2003 at 9:30 am. SUPPORT FOR UNITED STATES TROOPS Councilmember Davert expressed appreciation to United States Armed Forces in Iraq. Councilmember Thomas stated support for United States troops in Iraq and was pleased to see residents in Orange County displaying their support as well. TUSTIN POLICE DEPARTMENT GANG UNIT Councilmember Davert commented on the Tustin Gang Unit ride along; the gang unit was very effective. WASHINGTON D.C. Councilmember Bone commented on his recent visit to Washington D.C.; and he was very honored to be there especially during a time of war. UNITED STATES ARMY Mayor Pro Tem Kawashima stated that a family member enlisted in the US Army and requested deployment to the Middle East or Korea. SERVING THE COMMUNITY Mayor Pro Tem Kawashima commented on the City Council's duty to serve and represent every segment in the community. PRINCIPAL FOR A DAY Mayor Pro Tem Kawashima commented on Principal for a Day event at Pioneer Middle School; and the school principal had compliments for the police department. TRACK MEET Mayor Pro Tem Kawashima stated Saturday's track meet was well attended; and thanked the parents who attended. CONDOLENCES Mayor Worley sent condolences to Donnie Smith, former Audit Committee member, and his family in the passing of his wife; and mentioned the death of Randy Smith, an Orange County lobbyist and known activist. Minutes - City Council April 7, 2003 - Page 9 COMMITTEE REPORTS SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Councilmember Bone reported on Southern California Association of Governments Transportation Committee's support for bills which lower the 2/3 vote to 55%; and announced new positions in Regional Council Committee. SANTA ANA RIVER PROTECTION AGENCY Councilmember Bone reported the Santa Ana River Protection Agency took no position on AB 496 since it could affect funding from the State. WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO) Councilmember Bone reported the WACO statistic that Tustin water usage had been below average; and complimented staff on reducing imported water in February to approximately 1%. LEAGUE OF CALIFORNIA CITIES Councilmember Bone reported on League of California Cities conference in Sacramento; mentioned comments made by two state representatives. ORANGE COUNTY SANITATION DISTRICT Mayor Pro Tem Kawashima reported the Orange County Sanitation Board was performing an asset management review. ADJOURNMENT- Mayor Worley adjourned the meeting at 9:10 p.m. The next regular meeting of the City Council was scheduled for Monday, April 21,2003 at 7:00 p.m. in the Council Chamber at 300 Centennial Way. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, CITY CLERK Minutes - City Council April 7, 2003 - Page 10