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HomeMy WebLinkAbout00 AGENDA 04-21-03CALL TO ORDER AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN APRIL 21, 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 and Agency shall convene in closed session to conference with Real Property Negotiators regarding the following: 1) Property: 285 East Main Street, Tustin, CA; Agency Negotiator: Assistant City Manager; Negotiating Parties: RDA and Carolyn De Nicola; Under Negotiation: Price and Terms of Payment. 2) Property: 280 - 284 E. 3d Street, 320- 334 S. Preble St, and 330- 334 S. Preble St Tustin, CA; Agency Negotiator: Assistant City Manager; Negotiating Parties: RDA and Marilyn and Walter Emery; Under Negotiation: Price and Terms of Payment. 3) Property: Parcels 1-C-1 and II1- C-3 (MCAS Tustin Reuse Plan and 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. The City Council shall convene in closed session to conference with Legal Counsel regarding existing litigation: Name of Case(s): Frances Semelsberger v. City of Tustin; and Nathan Murphy v. City of Tustin. REGULAR MEETING- 7:00 P.M. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT PROCLAMATION - None Agenda - City Council April 21, 2003 - Page 1 PRESENTATION - None 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 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 (ITEM 1 ) , FY 2003-04 ACTION PLAN AND PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS The Community Development Department is proposing to submit to HUD a FY 2003-04 Action Plan, which describes the activities that the City will undertake during the program year and the program budget for disbursement of Community Development Block Grant (CDBG) funds. Recommendation from the Community Development Department: , Open and Close a Public Hearing; and Adopt Resolution No. 03-59 approving the proposed use of Community Development Block Grant (CDBG) funds for inclusion in the One-Year Action Plan for Fiscal Year 2003-04. RESOLUTION NO. 03-59- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ACTION PLAN FISCAL YEAR 2003-04 FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. CONSENT CALENDAR (ITEMS 2 THROUGH 20 ) 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- APRIL 7, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of April 7, 2003. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,233,190.32 and ratify Payroll in the amount of $441,736.94. Agenda - City Council April 21, 2003 - Page 2 , o o , , , PLANNING COMMISSION ACTION AGENDA- APRIL 14, 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 April 14, 2003. SECURITY SERVICES AGREEMENT WITH BURNS INTERNATIONAL TO PROVIDE CONTINUED SECURITY SERVICES AT MCAS TUSTIN Recommendation: Authorize the City Manager or Assistant City Manager to execute a Security Services Agreement between Burns International Security Services and the City of Tustin to provide necessary security services at MCAS Tustin, subject to final contract review by the City Attorney. TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENT FOR THE 2003-04 FISCAL YEAR Recommendation: 1) Adopt Resolution No. 03-55 approving the Engineer's Report for Fiscal Year 2003-04; and 2) Adopt Resolution No. 03-56 declaring its intention to levy assessments for Fiscal Year 2003-04 and setting a public hearing for May 19, 2003. RESOLUTION NO. 03-55- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YF_AR 2003-04 RESOLUTION NO. 03-56- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2003-04 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE ASSESSMENT DISTRICT AREAS WITH TRUGREEN LANDCARE Recommendation: Approve the third amendment to the contract agreement between Trugreen LandCare and the City of Tustin for landscape maintenance services for the Assessment District areas, subject to City Attorney approval. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND AREAS WITH LANCO LANDSCAPE MANAGEMENT, INC. Recommendation: Approve the fourth amendment to the contract agreement between Lanco Landscape Management, Inc., and the City of Tustin for landscape maintenance services for the General Fund areas subject to City Attorney approval. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (APN 500-101-06: DAVID S. JONES, TRUSTEE AND PAMELA M. JONES, TRUSTEE) (CIP NO. 7118) Recommendation: 1) Adopt Resolution 03-53 finding that the acquisition of a portion of Assessor's Parcel No. 500-101-06 was considered in the final environmental Agenda - City Council April 21, 2003 - Page 3 10. 11. 12. determination for the Irvine Boulevard and Newport Avenue Intersection Enhancement Project (CIP No. 7118) and approving the Purchase Agreement with David S. Jones, Trustee and Pamela M. Jones, Trustee; and 2) Authorize the Mayor and City Clerk to execute the Purchase Agreement with David S. Jones, Trustee and Pamela M. Jones, Trustee on behalf of the City. RESOLUTION NO. 03-53- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO 500-101-06 (1062 OLD IRVINE BOULEVARD) 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 500-101-07: SUSAN JONES) (CIP NO. 7118) Recommendation: 1) Adopt Resolution No. 03-54 finding that the acquisition of a portion of Assessor's Parcel No. 500-101-07 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 Susan Jones (hereinafter "seller"); and 2) Authorize the Mayor and City Clerk to execute the Purchase Agreement with Susan Jones on behalf of the City. RESOLUTION NO. 03-54- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 500-101-07 (1082 OLD IRVINE BOULEVARD) 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 DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO SIGN CALTRANS DOCUMENTS RELATED TO RIGHT-OF-WAY CERTIFICATION Recommendation: Adopt Resolution No. 03-52 authorizing the Director of Public Works/City Engineer to sign documents required by Caltrans related to Right-of-Way Certifications. RESOLUTION NO. 03-52- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO SIGN DOCUMENTS REQUIRED BY CALTRANS TO PROCESS AND OBTAIN RIGHT-OF-WAY CERTIFICATIONS FOR CERTAIN CITY IMPROVEMENT PROJECTS. AUTHORIZATION FOR THE STATE TO PURCHASE ONE ASPHALT ROLLER/COMPACTOR Recommendation: Adopt Resolution No. 03-47 authorizing the Department of General Services, State of California to purchase a current model year Asphalt RolledCompactor on behalf of the City of Tustin. Agenda - City Council April 21, 2003 - Page 4 13. 14. 15. 16. 17. 18. RESOLUTION NO. 03-47- 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 FORD F550 Recommendation: Adopt Resolution No. 03-51 authorizing the Department of General Services, State of California to purchase a current model year Ford F550 on behalf of the City of Tustin. RESOLUTION NO. 03-51 -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 THREE CHEVY SILVERADO 3500s Recommendation: Adopt Resolution No. 03-57 authorizing the Department of General Services, State of California to purchase three current model year Chew Silverado 3500s on behalf of the City of Tustin. RESOLUTION NO. 03-57 - 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. AWARD OF BID FOR THE PIONEER ROAD PARK (PROJECT NO. 2053) Recommendation: 1) Award the contract to Ecology Construction, Inc. of Canoga Park in the amount of $1,897,554.80, subject to the approval of contract requirements by the City Attorney and final execution; and 2) Reject the bid of ABEAM Construction, Inc. of Covina, California, as being non-responsive. QUARTERLY INVESTMENT REPORT Recommendation: Receive and file. RESOLUTION NO. 03-58 PROVIDING FOR THE CARETAKING AND REUSE OF MCAS, TUSTIN, AND FOR THE REIMBURSEMENT TO THE CITY OF ADVANCES MADE TO THE TUSTIN LEGACY ENTERPRISE FUND Recommendation: Adopt Resolution No. 03-58 providing for the caretaking and reuse of MCAS, Tustin, and for the reimbursement to the City of advances made to the Tustin Legacy Enterprise Fund. RESOLUTION NO. 03-58- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING FOR THE CARETAKING AND REUSE OF MCAS, TUSTIN, AND FOR THE REIMBURSEMENT TO THE CITY OF ADVANCES MADE TO THE TUSTIN LEGACY ENTERPRISE FUND. ADOPTION OF PRIVACY PRACTICES AND APPOINTMENT OF PRIVACY OFFICER Recommendation: Appoint the Director of Human Resources as the City's Privacy Officer and authorize the Director of Human Resources to implement policies and procedures to comply with Federal and State privacy laws. Agenda - City Council April 21, 2003 - Page 5 19. DECLARATION OF SURPLUS PROPERTY Recommendation: 1) Declare the listed equipment surplus and not required for public use; 2) Authorize staff to donate the surplus mobile phones to the Kiwanis Club of Tustin for refurbishment and distribution; 3) Authorize staff to donate surplus MAVS equipment to Orange County Communications for use as parts for repairs on units still in service; 4) Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair; and 5) Authorize staff to dedicate proceeds of sale to Senior Center Computer Lab Project. 20. CITY COUNCIL CONSENT FOR A JOINT PUBLIC HEARING WITH THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Recommendation: 1) Approve the convening of a joint public hearing on June 2, 2003; and 2) Approve the notices and related materials and authorize staff to notify affected taxing entities, property and business owners and residents within the project area in advance of the public hearing. REGULAR BUSINESS ( ITEMS 21 THROUGH 24 ) 21. ORDINANCE NO. 1270- AMENDING CHAPTER 5 OF ARTICLE 2 OF THE TUSTIN CITY CODE RELATING TO THE BUSINESS LICENSE TAX Ordinance No. 1270 gives the Director of Community Development the authority to enforce the City's business license tax provisions, and makes other minor Code changes. Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1270 (roll call vote): 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. 22. ORDINANCE NO. 1274- 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 Ordinance No. 1274 regulates mobile vending and 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 repeals Subsections (1) and (2) of Tustin City Code Section 5330(L) and amends Chapter 3 of Article 3 of the Tustin City Code relating to Mobile Businesses. Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1274 (roll call vote): 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. Agenda - City Council April 21, 2003 - Page 6 23. STATUS REPORT OF 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. 24. APPROVAL OF THE RESOLUTION OF NECESSITY FOR THE ACQUISITION OF ASSESSOR PARCEL NO. 430-252-09 FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147) The proposed Resolution No. 03-12 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 Resolution No. 03-12 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 as a portion of Assessor Parcel No. 430-252-09, and to obtain immediate possession, thereof, for the Edinger Avenue (Smart Street) Widening Project and declaring the public convenience and necessity thereof. RESOLUTION NO. 03-12- 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. 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. Agenda - City Council April 21, 2003 - Page 7 OTHER BUSINESS - City Manager, City Attorney, City Council COMMITTEE REPORTS - City Council ADJOURNMENT- The City Council has scheduled Cultural Resources Advisory Committee interviews on Monday, May 5, 2003, at 5:30 p.m. in the Council Chamber; and the next regular meeting of the City Council is scheduled for Monday, May 5, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council April 21, 2003 - Page 8