HomeMy WebLinkAboutCC MINUTES 2003 05 19 MINOTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
MAY 19, 2003
CLOSED SESSION - 5:30 P.M.
5:30 p.m.
CALL TO ORDER
ROLL CALL
Council Present:
Council Absent:
City Clerk:
Others Present:
Mayor Tracy Wills Worley, Mayor Pro Tern Tony Kawashima,
Councilmembers Lou Bone, Doug Davert and Jeffery M. Thomas
None
Pamela Stoker
William A. Huston, City Manager; Lois Jeffrey, City Attorney; and
0 in the audience.'
None
PUBLIC INPUT
Announced
CLOSED SESSION - Mayor Worley announced the City
Council would convene in closed session to conference with Real
Property Negotiators regarding the following: 1) Property: Parcels
I-C-1, III-C-3 and II-C-5 (MCAS Tustin Reuse Plan and Disposition
Sites '10 and 11 ); Agency Negotiator: Assistant City Manager and
Special Counsel Gilchrist & Putter; Negotiating Parties: City of
Tustin and Vestar Development II, LLC; Under Negotiation: Price
and Terms of Payment. 2) Property: Parcel I-B-1 (MCAS Tustin
Reuse Plan Parcel 34); Agency Negotiator: Assistant City
Manager and Special Counsel Giichrist & Putter; Negotiating
Parties: City of Tustin and WL Homes; Under Negotiation: Price
and Terms of Payment.
REGULAR MEETING - 7:00 P.M.
7:01 p.m.
CALL TO ORDER
Given
INVOCATION - Councilmember Bone
Given
PLEDGE OF ALLEGIANCE - Councilmember Davert
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; Lois Jeffrey, City Attorney; George Jeffries, City
Treasurer; Arlene Marks, Director of Human Resources; Tim
Serlet, Director of Public Works; Elizabeth Binsack, Director of
Community Development; Bob Schoenkopf., Police Captain; Pat
Sanchez, Director of Parks and Recreation; Joe Meyers,
Administrative Services Manager; Dana Kasdan, Engineering
Services Manager; Sam Altowaiji, Field Services Manager; Brian
Ragland, Water Services Manager; Scott Reekstin, Senior
Planner; Karen Peterson, Senior Planner; s, nd approximately 20
in the audience.
None
CLOSED SESSION REPORT
None
PROCLAMATION
Given
PRESENTATION - Orange County Fire Authority (Station No.
21) presented Letters of Commendation to Michael Britt and
Minutes - City Council May 19, 2003 - Page I
Phil Cox
435 El Camino Real
Tustin, CA
Jeff R. Thompson
415 W. 6th Street
Tustin, CA
Adopted Resolution No.
03-71
Introduced Ordinance No.
1271
Wendy Hocarvar
FIRST PUBLIC INPUT
Spoke in favor of the Utt Juice site development.
Spoke in opposition of Utt Juice site development.
PUBLIC HEARING (ITEMS 1THROUGH2)
1.
CONSIDERATION OF THE LEVY OF ANNUAL
ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT FOR FISCAL YEAR 2003-2004
Mayor Worley opened the public hearing at 7:21 p.m. There
were no speakers on the subject and the public hearing was
closed.
It was moved by Davert, seconded by Thomas, to adopt the
following Resolution No. 03-71:
RESOLUTION NO. 03-71 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS
FOR THE LANDSCAPE MAINTENANCE AND PUBLIC
STREET LIGHTING EXPENSES IN THE TUSTIN RANCH
AREA WITHIN THE BOUNDARIES OF THE TUSTIN
LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL
YEAR 2003-04.
Motion carried 5-0.
2.
CODE AMENDMENT 03-003 - SECOND RESIDENTIAL
UNITS
Mayor Worley opened the public hearing at 7:27 p.m. There
were no speakers on the subject and the public hearing was
closed.
It was moved by Thomas, seconded by Kawashima, to
introduce and have first reading by title only of Ordinance
No. 1271, approving Code Amendment 03-003:
Motion carried 5-0.
Pamela Stoker, City Clerk, read the following Ordinance No.
1271 by title only:
ORDINANCE NO. 1271 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADDING TUSTIN CITY CODE SECTIONS 9222.a.5 AND
9223.a.7; AMENDING SECTIONS 9224.b, 9225.a.2,
9226.a.1, and 9297; AND REPEALING TUSTIN CITY
CODE SECTIONS 9222.b.3, 9222.b.4, 9223.b.1, 9226.b.6,
AND 9226.b.7 RELATING TO SECOND RESIDENTIAL
UNITS.
CONSENT CALENDAR ( ITEMS 3 THROUGH 11 )
It was moved by Thomas, seconded by Bone, to approve the
Consent Calendar as recommended by staff. Motion carried 5-0.
Minutes - City Council May 19, 2003 - Page 2
Approved
3.
APPROVAL OF MINUTES - MAY 5, 2003 REGULAR
MEETING
Recommendation: Approve the City Council Minutes of May
5, 2003.
Approved
4.
APPROVAL OF
PAYROLL
Recommendation:
$957,866.14 and
$569,200.52.
DEMANDS AND RATIFICATION OF
Approve Demands in the amount of
ratify Payroll in the amount of
Ratified
5.
PLANNING COMMISSION ACTION AGENDA- MAY 12,
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 May 12, 2003.
Approved
6.
AWARD OF CONTRACT FOR THE MAIN STREET
REHABILITATION BETWEEN STONEGLASS AND SR-55
FREEWAY (CIP NO. 7163), BRYAN AVENUE
REHABILITATION BETWEEN RED HILL AVENUE AND
BROWNING AVENUE (ClP NO. 7164), BRYAN AVENUE
REHABILITATION BETWEEN NEWPORT AVENUE AND
RED HILL AVENUE (ClP NO. 7166), MAIN STREET
REHABILITATION BETWEEN NEWPORT AVENUE AND
BRYAN AVENUE (ClP NO. 7167), AND JAMBOREE
ROAD REHABILITATION FROM I-5 TO IRVINE
BOULEVARD (ClP NO. 7174)
Recommendation: Award the construction contract to All
American Asphalt, the Iow bidder in the amount of
$1,920,495.30, and authorize the Mayor and City Clerk to
execute the contract documents on behalf of the City.
Adopted Resolution No.
03-10
7.
APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE
RED HILL AVENUE WIDENING PROJECT AT THE I-5
FREEWAY (CIP NO. 7133)
Recommendation: Adopt Resolution No. 03-10:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPRO\/ING PLANS AND
SPECIFICATIONS FOR THE RED HILL AVENUE
WIDENING PROJECT AT THE I-5 FREETWAY (CIP NO.
7133) AND AUTHORIZING ADVERTISEMENT FOR BIDS.
Approved
8.
RELEASE OF BONDS FOR PARCEL MAP 99-196 (2741 &
2761 WALNUT AVENUE, JERSEY BUSINESS CENTER
ASSOCIATES)
Recommendation: Release the following bonds in the
indicated amounts:
Faithful Performance Bond No. 3SM 983 726 00
$29,000.00
Labor and Material Bond No. 3SM 983 726 00 - $14,500.00
Monumentation Bond No. 3SM 983 728 00 - $1,400.00
Subdivision Warranty Bond No. 3,SM 983 727 00
$2,90O.00
Approved
9.
RELEASE OF BONDS FOR PARCEL MAP 99-161 (155 EL
CAMINO REAL, ACORN NATURALIST)
Recommendation: Release the following bonds in the
indicated amounts:
Faithful Performance Bond No. 815752S -$25,000.00
Labor and Material Bond No. 825752S- $12,500.00
Monumentation Bond No. 515753S.- $2,000.00.
Minutes - City Council May 19, 2003 - Page
Adopted Resolution No.
03-74
10.
ADOPTION OF RESOLUTION NO. 03-74 AMENDING
EXHIBIT "A" TO RETAINER AGREEMENT FOR CITY
ATTORNEY SERVlCE
Recommendation: Pleasure of the City Council.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING AMENDED
EXHIBIT "A" TO THE RETAINER AGREEMENT FOR CITY
ATTORNEY SERVICES.
Approved
11.
CARETAKER/PROPERTY MANAGEMENT CONSULTANT
SERVICES AGREEMENT WITH JHTM TO PROVIDE
CONTINUED CARETAKER SERVICES AT THE FORMER
MCAS TUSTIN
Recommendation: Authorize the City Manager or Assistant
City Manager to execute a Caretaker/Property Management
Consultant Services Agreement between JHTM and
Associates and the City of Tustin to provide necessary
caretaker services at MCAS Tustin, subject to final contract
review by the City Attorney.
Adopted Ordinance No.
1273
REGULAR BUSINESS ( ITEMS 12 THROUGH 14 )
12.
ORDINANCE NO. 1273 - RENEWAL OF CABLE
TELEVISION FRANCHISE WITH COMCAST OF LOS
ANGELES, INC. KNOWN AS COMCAST CABLE
COMMUNICATIONS
Councilmember Bone stated he was opposed to Ordinance
No. 1273 because he preferred a 5 year term of the
franchise agreement instead of a 10 year term.
It was moved by Davert, seconded by Thomas, to have
second reading by title only and adoption of Ordinance No.
1273.
Motion carried 4-1, Bone opposed (roll call vote).
Pamela Stoker, City Clerk, read the following Ordinance No.
1273 by title only:
ORDINANCE NO. 1273 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
RENEWING A FRANCHISE FOR A CABLE TELEVISION
SYSTEM GRANTED TO COMCAST OF LOS ANGELES,
INC. KNOWN AS COMCAST CABLE COMMUNICATIONS.
Approved
13.
APPROVAL OF AN AGREEMENT WITH COMCAST OF
LOS ANGELES, INC. FOR PROGRAM PRODUCTION
SERVICES
It was moved by Thomas, seconded by Kawashima, to
approve the agreement for program production services
with Comcast of Los Angeles, Inc. and authorize the Mayor
and City Clerk to execute the agreement.
Motion carried 5-0.
Adopted Resolution No.
03-62
14.
APPROVAL OF A RESOLUTION OF NECESSITY FOR
THE ACQUISITION OF ASSESSOR PARCELS APN 430-
251-001, 430-251-002, 430-251-003, 430-251-007, 430-
251-008, 430-251-006, AND 430-251-011 FOR PHASE 1
OF THE NEWPORT AVENUE EXTENSION, STATE
ROUTE 55 NORTHBOUND RAMP RECONFIGURATION,
VALENCIA AVENUE AND DEL AMC AVENUE WIDENING
Minutes - City Council May 19, 2003 - Page 4
PROJECT (CIP NO. 7130)
It was moved by Davert, seconded by Thomas, to adopt the
following Resolution No. 03-62 by a four-fifths (4/5) vote:
RESOLUTION NO. 03-62 --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 NEWPORT AVENUE
EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP
RECONFIGURATION, VALENCIA AVENUE AND DEL
AMC AVENUE WIDENING PROJECT (CIP 7130) AND
DECLARING THE PUBLIC CONVENIENCE AND
NECESSITY THEREOF.
Motion carried 5-0.
None
SECOND PUBLIC INPUT
OTHER BUSINESS
LOBBY WORK
Councilmember Davert thanked Councilmember Bone for his lobby work in Sacramento
and Washington, D.C.
TUSTIN LIBRARY
Councilmember Davert commented that Mayor Pro Tem Kawashima was honored by the
Tustin Library for his outstanding service and volunteer work.
STREET FAIR
Councilmember Bone announced the Street Fair on June 1, 2003, f'rom 11:00 a.m. to
6:00 p.m.
Councilmember Thomas announced the Street Fair on June 1, 2003 and recommend
everyone arrive early.
Mayor Worley reminded public the Chili Cook-off/Street Fair was on Jun49 1' 2003.
STATE BUDGET
Councilmember Bone discussed his recent visit to Sacramento regarding State budget
issues.
SENATOR ROSS JOHNSON
Councilmember Bone requested the City Council honor Senator Ross Johnson upon
leaving office next year.
COLUMBUS TUSTIN FACILITY
Councilmember Thomas requested an update on the Columbus Tustin Facility and Ball
Field Renovation project.
Pat Sanchez, Director of Parks and Recreation Services, replied the expected completion
date was September 1, 2003.
Minutes - City Council May 19, 2003 - Page 5
PARKING IN COMMERCIAL CENTERS
Councilmember Thomas commented on parking situations within strip commercial
centers in which tenants restrict parking; asked staff if a grievance process was in place
for residents who were towed inappropriately; and thanked staff for assistance.
Elizabeth Binsack, Director of Community Development, responded there were rules
governing restricted parking within those structures; and residents who were towed would
have to use civil action against the tenant.
TEACHER OF THE YEAR
Mayor Pro Tem Kawashima commented he and Councilmember Davert attended the
Teacher of the Year banquet; it was a great turnout.
ELDER ABUSE FORENSIC CENTER
Mayor Pro Tem Kawashima attended the grand opening of the nation's first Elder Abuse
Forensic Center, in the City of Santa Ana.
MCAS, TUSTIN
Mayor Worley reported that the City had received nine submittals from master developers
for the MOAS, Tustin Base development.
ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA)
Mayor Worley stated that the Orange County Transportation Authority Task Force was
discussing the composition of OCTA Board members.
STATE OF THE CITY ADDRESS
Mayor Worley announced State of the City address on Friday, June 13, 2003.
SENIOR CENTER
Mayor Worley attended the dedication of the Marguerite Thompson Board Room at the
Senior Center, and thanked staff for their efforts.
COMMITTEE REPORTS
ORANGE COUNTY SANITATION DISTRICT
Mayor Pro Tem Kawashima discussed the Orange County Sanitation District's
consideration of a 20% fee increase over next 5 years.
ORANGE COUNTY PUBLIC LIBRARY
Mayor Pro Tem Kawashima discussed Orange County Public Library Board's decision to
shift library discretionary funds into a pool designated to assist all libraries to continue
operating.
ADJOURNMENT - Mayor Worley adjourned the meeting at 8:11 p.m. The next regular meeting of
the City Council was scheduled for Monday, June 2, at 7:00 p.m. in the Council Chamber at 300
Centennial Way.
Minutes - City Council May 19, 2003 - Page 6