HomeMy WebLinkAboutCC MINUTES 2003 04 21 MINUTES REGULAR MEETING OF THF CITY COUNCIL CITY OF TUSTIN, CALIFORNIA APRIL 21,2003 CLOSED SESSION - 5:30 P,M. 5:30 p.m. Council Present: Council Absent: City Clerk: Others Present: CALL TO ORDER ROLL CALL Mayor Tracy Wills Wodey, 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. None Announced 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 III-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. 7:00 p.m. CALL TO ORDER Given ,I NVOCATION - Councilmember Bone Given PLEDGE OF ALLEGIANCE - Mayor Worley ROLL CALL Council Present: Council Absent: City Clerk: Others Present: 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; Pon 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 Altow'aiji, Field Minutes - City Council April 21, 2003 - Page I None Jennifer Coleman 13322 Diamond Head Dr. Tustin, CA Tucker McNamara 1881 Mitchell Avenue Tustin, CA Adopted Resolution No. 03-59 as modified .. Approved Approved Ratified 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 I ) . FY 2003-04 ACTION PLAN AND PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Mayor Wodey 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 f0'llowing 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, APPROVING THE ACTION PLAN FISCAL YEAR 2003-04 FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Motion carded 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. 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 $441,736.94. PLANNING COMMISSION ACTION AGENDA- APRIL 14, 2003 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of April 14, 2003. Minutes - City Council April 21, 2003 - Page 2 Approved Adopted Resolutions No. 03-55 and No. 03-56 Approved Approved Adopted Resolution No. 03-53 , , . . . SECURITY SERVICES AGREEMENT WITH BURNS INTERNATIONAL TO PROVIDE CONTINUED SECURITY SERVICES AT MCAS TUSTIN Recommendation: Authorize the City Manager or Assistant City Manager to execute a Security Services Agreement between Burns Intemational Security Services and the City of Tustin. to provide necessary security services at MCAS Tustin, subject to final contract review by the City Attorney. TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENT FOR THE 2003-04 FISCAL YEAR Recommendation: 1) Adopt Resolution No. 03-55 approving the Engineer's Report for Fiscal Year 2003-04; and 2) Adopt Resolution No. 03-56 declaring its intention to levy assessments for Fiscal Year 2003-04 and setting a public hearing for May 19, 2003. RESOLUTION NO. 03-55- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENGINEE~¢:~'S RE:.PORT FOR THE TUSTIN LANDSCAPE AND [_IGHTING DISTRICT LEVY OF ANNUAL ASSESSMENT¢$ FOR FISCAL YEAR 2003- O4 RESOLUTION NO. 03-56- t~ RESOLUTION OF' THE CITY COUNCIL OF THE CITY' OF TUSTIN, CALIFORNIA, DECLARING ITS INTENT'ION TO PROVIDE FOF~ AN ANNUAL LEVY OF ASSE.:SSMENT FOR FISCAL YEAR 2003-04 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC ~LANDSCAPIN*G AND LIGHTING FACILITIES IN THE TLS'l-IN F~I~,NCH AREA WITHIN THE BOUNDARIES OF TH[_= TUSTIN LANDSCAPE AND LIGHTING DISTRICT A,ND 'T'O LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF. CONTRACT AMEND VENT FOR LANDSCAPE MAINTENANCE SERVICES FOR' THE ASSESSMENT DISTRICT AREAS WITH TRUGR'EEN LANDCARE Recommendation: AppFove the third amendment to the contract agreement bet~¢een Tru,.green LandCare and the City of' Tustin for landscape main, tenance services for the Assessment District a~'eas, suli~ject to City Attorney approval. CONTRACT AMENDiMENT FOR LANDSCAPE MAINTENANCE SERVIC;ES FOR THE GENERAL FUND AREAS WITH LANCO LA,NDSCAPE'. MANAGEMENT, INC. Recommendation: Approve the Tou~rth amendment to the contract agreement between Lanco Landscape Management, Inc., and 'the City of Tustin for landscape maintenance services for the Genera~ .Fund areas subject to City Attorney approval. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE IRVINE E~,"DULEVARD AND NEWPORT AVENUE II,~ITERSECTION ENHANCEMENT PROJECT (APN 500--101-06: DA~c'ID S. JONES, TRUSTEE AND PAMEL, A M. JONES, TR~USTEE) (CiP NO. 7118) .' ' Recommendation: 1) Adopt Resolution Rio. 03-53 finding that the acquisition of a~ po.rtion of Ass~'~st,or's Parcel No. 500-101-06 was considered in the final environmental determination for the Irvine Boulevard and N ,:;wport Avenue Minutes -- City Council April 21, 2003 -- Page 3 Adopted Resolution No. 03-54 Adopted Resolution No. O3-52 Adopted Resolution No. 03-47 10. 11. 12. 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 execut~ 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 relal~ed 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/COM PACTOR 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. Minutes -.City Council April 21, 2003 - Page 4 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. Adopted Resolution No. 03-51 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. Adopted Resolution No. 03-57 14. 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 ITEMS. Approved 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 Constnuction, Inc. of Covina, California, as being non-responsive. Received 16. QUARTERLY INVESTMENT REPORT Recommendation: Receive and file. Adopted Resolution No. 03-58 17. RESOLUTION NO. 03-58 PROVIDING FOR THE CARETAKING AND REUSE OF IVICAS, TUSTIN, AND FOR THE REIMBURSEMENT T'O 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 REIrVIBURSEMENT TO THE CITY OF ADVANCES MADE TO THE TUSTIN LEGACY ENTERPRISE FUND. Approved 18. ADOPTION .. OF PRIVACY PF~CTICES AND APPOINTMENT OF PRIVACY OFFICEP, Recommendation: Appoint the Di~rector of Human Resources as the City's Privacy Officer' and authorize the Director of Human Resources to imple:ment policies and Minutes -- City Council April 21, 2003 -- Page 5 Approved Approved Adopted Ordinance No. 1270 Adopted Ordinance No. 1274 19. 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 MAYS 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 .. it was'moved by Thomas, seconded by Da~ert, 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 carded 5-0 (roll call vote). ~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 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 followi.ng 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). .., Minutes -- City Council April 21,2003 - Page 6 23. 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. Adopted Resolution No. 03-12 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 (ClP NO. 7147) It was moved by Davert, s, econded by Thomas, to adopt the 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 (ClP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF. None Motion carried 5-0. · .. SECOND PUBLIC INPUT OTHER BUSINESS EASTER EGG HUNT Councilmember Davert commended staff on Easter Egg Hunt event. Mayor Pro Tern 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. CHILl 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 & Girls Club; 'the photographs on display exhibited talent. Counciimember Bone remarked that the photographs in the Boys & Girls Club photo contest were fabulous. Councilmember Bone attended a Boys & Girls 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 7 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. TUS'TIN 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. 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 dedi'cation 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. Minutes - City Council April 21, 2003 -- Page 8 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 Tern 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 w. ay. · Minutes - City Council April 21, 2003 -- Page 9