HomeMy WebLinkAboutCC MINUTES 2003 08 04 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
AUGUST 4, 2003
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 - Councilmember 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
Given
Richard Mathisrud
17551 Brent Lane
Tustin, CA
Bob Margelease
American Legion
Post No. 227
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
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.
PUBLIC HEARINGS
None
Minutes - City Council August 4, 2003, 2003 - Page 1
Approved
Approved
Ratified
Approved
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.
Denied
Denied
Adopted Resolution No.
03-99
Adopted Resolution No.
03-67
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.
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.
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).
FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS
AND AUTHORIZING RECORDATION OF NOTICE OF
COMPLETION FOR MAIN STREET FACILITIES
Minutes - City Council August 4, 2003, 2003 - Page 2
Adopted Resolution No.
03-98
Approved
10.
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
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 (ClP NO. 7147) AND APPROVING THE
PURCHASE AGREEMENTS.
AWARD OF CONTRACT FOR CONSTRUCTION OF THE
RED HILL AVENUE WIDENING PROJECT AT THE I-5
FREEWAY (ClP 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.
Minutes - City Council August 4, 2003, 2003 - Page 3
Adopted Resolution No.
03-100
11.
REGULAR BUSINESS
(Agenda Item 11)
RESOLUTION NO. 03-100 AUTHORIZING THE
ISSUANCE AND SALE OF CITY OF TUSTIN 2003
REFUNDING WATER REVENUE BONDS
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
Councilmember Davert
OTHER BUSINESS - City Manager, City Attorney, City Council
· None
Councilmember Bone
Councilmember Thomas
Mayor Pro Tem
Kawashima
Announced the Diamond Valley Lake opening has been
postponed to October 3, 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.
PAMELA STOKER, CITY CLERK
Minutes - City Council August 4, 2003, 2003 - Page 4