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Home My WebLink About03 CC Action Agenda 4-21-03Report to the ITEM #3 Planning Commission DATE: APRIL 28, 2003 SUBJECT: CITY COUNCIL ACTION AGENDA APRIL 21,2003 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS: CITY COUNCIL ACTION AGENDA APRIL 21, 2003 5:30 pm All Present None Announced 7:00 pm Given Given All Present None ACTION 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. CALL TO ORDER ROLL CALL PUBLIC INPUT 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 PRESENTATION - None Action Agenda - City Council April 21, 2003 - Page 1 Jennifer Coleman Tucker McNamara Adopted Resolution No. 03-59 as modified Approved Approved Ratified FIRST PUBLIC INPUT Requested the addition of street lamps and stop sign/signal at Red Hill Avenue and Olwyn. Discussed parking concerns on Mitchell Avenue. PUBLIC HEARING (ITEM I ) 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 Department: Development , 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 ) 2. 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. , 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. Action Agenda - City Council April 21, 2003 - Page 2 Approved Adopted Resolutions No. 03-55 and No. 03-56 Approved Approved . , , , 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 YEAR 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. Action Agenda - City Council April 21, 2003 - Page 3 Adopted Resolution No. 03-53 Adopted Resolution No. O3-54 Adopted Resolution No. o 10. 11. 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)(ClP NO. 7118) Recommendation: 1) Adopt Resolution No. 03-53 finding that the acquisition of a portion of Assessor's Parcel No. 500-101-06 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 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 Action Agenda - City Council April 21, 2003 - Page 4 03-52 Adopted Resolution No. 03-47 Adopted Resolution No. 03-51 Adopted Resolution No. 03-57 12. 13. 14. 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 ENGINEER TO SIGN DOCUMENTS CALTRANS TO PROCESS AND OBTAIN CERTIFICATIONS FOR CERTAIN CITY PROJECTS. DIRECTOR/CITY REQUIRED BY RIGHT-OF-WAY IMPROVEMENT 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 Roller/Compactor on behalf of the City of Tustin. 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 Chevy 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 Action Agenda - City Council April 21, 2003 - Page 5 Approved Received Adopted Resolution No. 03-58 Approved Approved Approved 15. 16. 17. 18. 19. 20. 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. 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. CITY COUNCIL CONSENT FOR A JOINT PUBLIC HEARING Action Agenda - City Council April 21, 2003 - Page 6 Adopted Ordinance No. 1270 Adopted Ordinance No. 1274 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. Action Agenda - City Council April 21, 2003 - Page 7 Various speakers Adopted Resolution No. 03-12 None Davert 23. STATUS REPORT OF THE KATHERINE SPUR LAND Spoke in favor of acquiring the 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 RF_.AL 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 OTHER BUSINESS - City Manager, City Attorney, City Council Commended staff on Easter Egg Hunt event. Announced upcoming June 1st Chili Cookoff event. Action Agenda - City Council April 21, 2003 - Page 8 Commented on photo contest for Boys & Girls Club. Commented on news article concerning suggestions for local income taxes. Bone Commented on photo contest for Boys & Girls Club. Recommended a street naming committee begin researching possible street names for future development on the Base. Commented on the success of single story homes in Temecula. Attended grand opening of car wash at First Street and Tustin Avenue. Reported from the Orange County Legislative Breakfast that the State may not have a budget until September 2003. Attended Boys & Girls Club awards ceremony. Congratulated Ron Nault on receiving a Certificate of Achievement. Gave committee reports for Tustin Pride and Water Advisory Council. Thomas Commented on the Tustin Community Foundation and presented Council with some material to review and suggested agendizing the item for discussion. Kawashima Commented on car wash opening. Attended the Orange County Sanitation District workshop. Commented on the success of Kite Day at Cedar Grove Park and the Easter Egg Hunt this past week. Recognized Chris Shingleton for her five-year service as the president of the Girl Scout Council of Orange County. Complained that Cox Cable is continuously showing replays of South County activities. Worley Commented on the Easter Egg Hunt. Stated that the tennis courts at the Sports Park are widely used. Announced the dedication of the Water District yard opening on Main Street on May 7, 2003. Inquired about construction along Jamboree Road. Action Agenda - City Council April 21, 2003 - Page 9 COMMITTEE REPORTS - City Council 8:42 pm 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. Action Agenda - City Council April 21, 2003 - Page 10 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY CITY OF TUSTIN, CALIFORNIA APRIL 21,2003 8:42 pm CALL TO ORDER All Present ROLL CALL None PUBLIC INPUT CONSENT CALENDAR (ITEMS 1 THROUGH 2 ) Approved 1. APPROVAL OF MINUTES- APRIL 7, 2003 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of April 21, 2003. Adopt Resolution No. RDA 03-06 2. RECEIPT AND APPROVAL OF THE REPORT TO THE CITY COUNCIL FOR THE MCAS TUSTIN REDEVELOPMENT PROJECT, AND REQUEST FOR TUSTIN COMMUNITY REDEVELOPMENT AGENCY CONSENT FOR A JOINT PUBLIC HEARING WITH THE TUSTIN CITY COUNCIL Recommendation: 1) Adopt Resolution No. RDA 03-06 receiving and approving the Report to City Council for the MCAS-Tustin Redevelopment Plan; 2) Authorize the Executive Director to transmit the Report to the City Council; 3) Approve the convening of the joint public hearing on June 2, 2003; and 4) 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. RESOLUTION NO. RDA 03-06- A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY RECEIVING AND APPROVING THE REPORT TO THE CITY COUNCIL ON THE PROPOSED MCAS TUSTIN REDEVELOPMENT PLAN AND CONSENTING TO THE HOLDING OF A JOINT PUBLIC HEARING WITH THE CITY COUNCIL OF THE CITY OF TUSTIN. None OTHER BUSINESS CLOSED SESSION - None 8:43 pm ADJOURNMENT - The next regular meeting of the Redevelopment Agency is scheduled for Monday, May 5, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - Redevelopment Agency April 21,2003 - Page 1