The URL can be used to link to this page

Home My WebLink About03 MINUTES 08-18-03 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 4, 2003 NO. 3 08-18-03 5:30 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:00 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: CLOSED SESSION - 5:30 P.M. CALL TO ORDER ROLL CALL Mayor Pro Tem Tony Kawashima, Councilmembers Lou Bone, Doug Davert and Jeffery M. Thomas Mayor Tracy Wills Worley Pamela Stoker William A. Huston, City Manager; Lois Jeffrey, City Attorney PUBLIC INPUT CLOSED SESSION - Mayor Pro Tem Kawashima announced the City Council would convene in closed session to confer with the City Attorney regarding (1) matters of pending litigation to which the City is a party, Herold vs. City of Tustin; Case No. CV 02- 9723 RGK (SHx); and (2) Significant exposure to litigation, the Claim of Linda and Andrew Cator; Claim No. 03-23. REGULAR MEETING - 7:00 P.M. CALL TO ORDER INVOCATION - Councilmember Bone PLEDGE OF ALLEGIANCE - Mayor Thomas 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; Lois Jeffrey, City Attorney Denied claim of Linda and Andrew Cator None CLOSED SESSION REPORT - Lois Jeffrey, City Attorney, announced the City Council voted 4-0, Worley absent, to deny the claim of Linda and Andrew Cator and directed the City Clerk to send notice thereof to the claimants and the claimants attorneys. PROCLAMATION Minutes - City Council August 4, 2003, 2003 - Page 1 Given Richard Mathisrud 17551 Brent Lane Tustin, CA Bob Margelease American Legion Post No. 227 PRESENTATION - Employee Showcase: Ruth Wang, Bob Wright, and Brian Greene FIRST PUBLIC INPUT Spoke on use of churches for community services and provided Council with books entitled "The Invisible Caring Hand". The American Legion was raising funds for the Veteran's Day program on November 9, 2003. Approved Approved Ratified Approved PUBLIC HEARINGS None CONSENT CALENDAR (Agenda Items 1 through 10) It was moved by Thomas, seconded by Davert, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. APPROVAL OF MINUTES - JULY 21,2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 21,2003. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $455.00; $1,049,658.41; and $1,772,921.85; respectively and ratify Payroll in the amount of $489,452.10. PLANNING COMMISSION ACTION AGENDA - JULY 28, 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 July 28, 2003. 800 MHZ COST SHARING AGREEMENT Recommendation: Approve an Amendment to the Joint Agreement for the Implementation and Operation of the 800 Megahertz (800 MHz) Countywide Coordinated Communications System and to meet the obligations, appropriate $50,379 from the unappropriated General Fund reserve and $3,040 from the unappropriated Water Fund reserve. Minutes - City Council August 4, 2003, 2003 - Page 2 Denied CLAIM OF CHERIE ANDERSON; CLAIM NO. 03-22 Recommendation: Deny the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys. Denied APPLICATION TO PRESENT LATE CLAIM BY JULIO AHUMADA, A MINOR, AND/OR MARIA ELENA ALVAREZ AND GUADALUPE AHUMADA (PARENTS OF JULIO AHUMADA) AS GUARDIANS AD LITEM FOR JULIO AHUMADA, A MINOR Recommendation: It is recommended that the application for permission to file the late claim be denied and that notice thereof be sent to the claimant's guardians ad litem and attorneys. Adopted Resolution No. 03-99 APPROVAL OF DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND OVERALL ANNUAL DBE GOAL OF 8% FOR FEDERAL FY 2003/2004 Recommendation: Adopt Resolution No. 03-99: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND OVERALL ANNUAL GOAL OF 8% FOR FEDERAL FISCAL YEAR 2003/2004, FOR ADOPTION AND SUBMISSION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS). Adopted Resolution No. 03-67 FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR MAIN STREET FACILITIES IMPROVEMENTS PROJECT (CIP NOS. 6103 & 6108) Recommendation: Adopt Resolution No. 03-67 accepting said work and authorizing the recordation of the Notice of Completion, and direct the City Clerk to: 1. Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion; and 2. Release of Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and Assuming no other claims or stop payment notices are filed, it is further recommended that the City Council authorize payment of the retention amount, thirty-five (35) days after the date of recordation of the Notice of Completion. A RESOLUTION OF THE CITY COUNCIL OF THE CITY Minutes - City Council August 4, 2003, 2003 - Page 3 Adopted Resolution No. 03-98 Approved Adopted Resolution No. 03-100 10. 11. OF TUSTIN, CALIFORNIA, ACCEPTING THE WORK OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR MAIN STREET FACILITIES IMPROVEMENTS (CIP NOS. 6103 AND 6108). APPROVAL OF AGREEMENTS TO PURCHASE REAL PROPERTY FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (APN 430-282-02 THROUGH 05, AND APN 430-281-01 - BORCHARD REDHILL, A CALIFORNIA LIMITED PARTNERSHIP) (CIP NO. 7147) Recommendation: Adopt Resolution No. 03-98 and authorize the Mayor and City Clerk to execute the Purchase Agreements with Borchard Redhill on behalf of the City. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF PORTIONS OF ASSESSOR'S PARCEL NOS. 430-282-02 THROUGH 05, AND 430-281- 01 WERE CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147) AND APPROVING THE PURCHASE AGREEMENTS. AWARD OF CONTRACT FOR CONSTRUCTION OF THE RED HILL AVENUE WIDENING PROJECT AT THE I-5 FREEWAY (CIP NO. 7133) Recommendation: Approve a supplemental appropriation in the amount of $665,900.00 from the unappropriated balance of the Measure "M" Turnback Fund to the Red Hill Avenue Widening Project at the I-5 Freeway (CIP No. 7133); and Award the construction contract for the Red Hill Avenue Widening Project at the I-5 Freeway (CIP No. 7133) to Banshee Construction Company, Inc. of Colton, California, the Iow bidder, in the amount of $1,608,108.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. REGULAR BUSINESS (Agenda Item 11 ) RESOLUTION NO. 03-100 AUTHORIZING THE ISSUANCE AND SALE OF CITY OF TUSTIN 2003 REFUNDING WATER REVENUE BONDS Minutes - City Council August 4, 2003, 2003 - Page 4 It was moved by Thomas, seconded by Bone, to adopt the following Resolution No. 03-100: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF ITS CITY OF TUSTIN 2003 REFUNDING WATER REVENUE BONDS, APPROVING AN INDENTURE OF TRUST, AN ESCROW AGREEMENT, A NOTICE OF SALE AND A PRELIMINARY OFFICIAL STATEMENT, AND AUTHORIZING AND DIRECTING THE EXECUTION THEREOF AND AUTHORIZING ACTIONS RELATED THERETO. Motion carried 5-0. None SECOND PUBLIC INPUT OTHER BUSINESS - City Manager, City Attorney, City Council Councilmember Davert · None Councilmember Bone Councilmember Thomas Mayor Pro Tem Kawashima · Announced the Diamond Valley Lake opening has been postponed to October 13, 2003; · Reported that Tustin's water conservation is comparable to other Orange County cities; · Commented on legislative bills SB 20 and AB 939; and · Thanked American Legion representative for raising money for Veteran's Day event. · None · Announced Senior Center computer room dedication on August 5th; · Announced Pioneer Park dedication on August 8th. Mayor Worley · None ADJOURNMENT- Mayor Worley adjourned the meeting at 7:17 p.m. The next regular meeting of the City Council was scheduled for Monday, August 18, 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 August 4, 2003, 2003 - Page 5