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HomeMy WebLinkAbout01 MINUTES 05-05-035:30 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:00 p.m. Given Given MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA APRIL 21,2003 NO. 1 05-05-03 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 and Agency would 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. Mayor Worley announced the City Council would 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 - Councilmember Bone PLEDGE OF ALLEGIANCE - Mayor Worley Minutes - City Council April 21, 2003 - Page 1 Council Present: Council Absent: City Clerk: Others Present: None Jennifer Coleman 13322 Diamond Head Dr. Tustin, CA Tucker McNamara 1881 Mitchell Avenue Tustin, CA Adopted Resolution No. 03-59 as modified 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 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; Joe Meyers, Administrative Services Manager; Dana Kasdan, Engineering Services Manager; Sam Altowaiji, Field Services Manager; Khanh Nguyen, Building Official; Scott Reekstin, Senior Planner; Justina Willkom, Associate Planner; and approximately 40 in the audience. CLOSED SESSION REPORT PROCLAMATION - None PRESENTATION - None FIRST PUBLIC INPUT Requested a street light be placed at Red Hill Avenue and Olwyn Street and submitted a petition to Council. Discussed parking problems on Mitchell Avenue. PUBLIC HEARING (ITEM 1 ) o FY 2003-04 ACTION PLAN AND PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Mayor Worley opened the public hearing at 7:24 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Bone, seconded by Kawashima, to adopt the following Resolution No. 03-59 as modified to move $2,500 from TAFFY to Big Brothers/Big Sisters of Orange County: RESOLUTION NO. 03-59- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, Minutes - City Council April 21, 2003 - Page 2 Approved Approved Ratified Approved Adopted Resolutions No. 03-55 and No. 03-56 APPROVING THE ACTION PLAN FISCAL YEAR 2003-04 FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Motion carried 5-0. CONSENT CALENDAR (ITEMS 2 THROUGH 20 ) It was moved by Thomas, seconded by Davert, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. , 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. o 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 Minutes - City Council April 21,2003 - Page 3 Approved Approved Adopted Resolution No. 03-53 , , . OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2003- O4 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 Attomey 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)(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 (ClP 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. Minutes - City Council April 21, 2003 - Page 4 Adopted Resolution No. 03-54 Adopted Resolution No. O3-52 10. 11. 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)(ClP 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. Minutes - City Council April 21,2003 - Page 5 Adopted Resolution No. 03-47 Adopted Resolution No. 03-51 Adopted Resolution No. 03-57 Approved Received 12. 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. 13. 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. 14. AUTHORIZATION FOR THE STATE TO PURCHASE THREE CHEVY SlLVERADO 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 ITEMS. 15. 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. 16. QUARTERLY INVESTMENT REPORT Recommendation: Receive and file. Minutes - City Council April 21, 2003 - Page 6 Adopted Resolution No. 03-58 Approved Approved Approved Adopted Ordinance No. 1270 17. 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. 18. 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. 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 Minutes - City Council April 21, 2003 - Page 7 Adopted Ordinance No. 1274 Adopted Resolution No. 03-12 22. 23. 24. It was moved by Thomas, seconded by Davert, to have second reading by title only and adoption of Ordinance No. 1270. 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 (roll call vote). 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 It was moved by Thomas, seconded by Kawashima, to have second reading by title only and adoption 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. Motion carried 5-0 (roll call vote). STATUS REPORT OF THE KATHERINE SPUR LAND It was moved by Kawashima, seconded by Thomas, to direct staff to complete further studies on the Katherine Spur land. Motion carried 5-0. 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) It was moved by Davert, seconded by Thomas, to adopt the Minutes - City Council April 21, 2003 - Page 8 following Resolution No. 03-12: 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. Motion carried 5-0. None SECOND PUBLIC INPUT OTHER BUSINESS EASTER EGG HUNT Councilmember Davert commended staff on Easter Egg Hunt event. Mayor Pro Tem Kawashima commented on the success of Kite Day at Cedar Grove Park and the Easter Egg Hunt. Mayor Worley commented on the Easter Egg Hunt and congratulated staff on their hard work. CHILI COOK OFF Councilmember Davert announced the Chili Cook off would take place on June 1,2003. BOYS AND GIRLS CLUB Councilmember Davert commented on a photo contest for Boys & Gids Club; the photographs on display exhibited talent. Councilmember Bone remarked that the photographs in the Boys & Girls Club photo contest were fabulous. Councilmember Bone attended a Boys & Gids Club Orange County Youth Awards dinner and Gina Slipp, a Tustin resident was one of the winners. LEGISLATION Councilmember Davert commented that AB 1690 would allow local agencies the ability to impose a local income tax and he would not support such a bill. Minutes - City Council April 21, 2003 - Page 9 MCAS, TUSTIN Councilmember Bone recommended a street naming committee begin researching possible street names for future development at MCAS, Tustin. SINGLE STORY HOMES Councilmember Bone commented on the success of single story homes in Temecula and suggested the City consider the same for future MCAS, Tustin developments. GRAND OPENING Councilmember Bone attended the grand opening of a car wash at First Street and Tustin Avenue. STATE BUGET Councilmember Bone attended the Orange County Legislative Breakfast; it was reported the State may not have a budget until September, 2003. Councilmember Bone reported the Orange County Transportation Authority was lacking funds for an expansion project of the 22 freeway; the Centerline project would cost $1.5 billion and he felt the funds would be better used for the 22 freeway expansion. CERTIFICATE OF ACHIEVEMENT Councilmember Bone congratulated Ron Nault, Director of Finance, on receiving a Certificate of Achievement from the Government Finance Officers Association. TUSTIN PRIDE Councilmember Bone attended the 10th Anniversary of Tustin Pride. TUSTIN COMMUNITY FOUNDATION Councilmember Thomas commented on the Tustin Community Foundation's Signs of Support project; presented Council with material to review and suggested agendizing the item for discussion at a future council meeting. PIONEER MIDDLE SCHOOL Mayor Pro Tem Kawashima stated Pioneer Middle School was named a California Distinguished School recently and he was one of 9 parents interviewed by the selection committee. GIRL SCOUT COUNCIL OF ORANGE COUNTY Mayor Pro Tem Kawashima recognized Chris Shingleton, Assistant City Manager, for her five-year service as the president of the Girl Scout Council of Orange County. Minutes - City Council April 21, 2003 - Page 10 COX CABLE Mayor Pro Tem Kawashima complained that Cox Cable was continuously showing replays of South County activities and he hoped the cable company would also broadcast programs about Tustin. SPORTS PARK Mayor Worley stated that the tennis courts at the Sports Park were widely used. WATER DISTRICT YARD Mayor Worley announced the dedication of the Water District yard on Main Street would be held on May 7, 2003 from 6:00 p.m. to 8:00 p.m. STREET CONSTRUCTION Mayor Worley inquired about construction along Jamboree Road and asked staff when the project would be completed. Tim Serlet, Public Works Director informed Council that the Irvine Ranch Water District was constructing a pipe line and the project would be completed in 6 months. WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO) Councilmember Bone reported on the WACO meeting; prices for water in Tustin could be on the rise due to a reduction in extraction of groundwater. ORANGE COUNTY SANITATION DISTRICT Mayor Pro Tem Kawashima attended the Orange County Sanitation District committee meeting; it was projected the board would spend $2.4 billion on capital improvements in the next 18 years. ADJOURNMENT- Mayor Worley adjourned the meeting at 8:42 p.m. The City Council 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 was scheduled for Monday, May 5, 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 21, 2003 - Page 11