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Home My WebLink About03 MINUTES 10-06-035:32 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:00 p.m. Given Given Council Present: Council Absent: City Clerk: MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA SEPTEMBER 15, 2003 Agenda Item ~ _'"~ Reviewed: City Manager ~ Finance Director . 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; Lois Jeffrey, City Attorney PUBLIC INPUT CLOSED SESSION - Mayor Worley announced the City Council would convene in closed session to: Confer with the City Attorney regarding pending litigation to which the City is a party, Herold vs. City of Tustin, USDC Case No. CV02-9723 RGK (SHx). Confer with the City's real property negotiator (Government Code Section 54956.8). Status update on property: Parcels 10 & 11, (I-C-I); Agency Negotiator: Assistant City Manager; Negotiating Parties: City of Tustin and Vestar Development II, LLC; Under Negotiation: Price and terms. REGULAR MEETING - 7:00 P.M. CALL TO ORDER INVOCATION - Councilmember Bone PLEDGE OF ALLEGIANCE - Councilmember Davert ROLL CALL Mayor Tracy Wills Worley, Mayor Pro Tem Tony Kawashima, Councilmembers Lou Bone, Doug Davert and Jeffery M, Thomas None Pamela Stoker Minutes - City Council September 15, 2003 - Page 1 Others Present: None Given None Terrie Kulpa 18092 Bigelow Park Tustin, CA Dr. John L. Glavinovich Tustin Hospital William A. Huston City Manager; Lois Jeffrey, City Attorney CLOSED SESSION ~EPORT PROCLAMATION - Fire Prevention Week - Battalion Chief Mike Rohde, Orange County Fire Authority PRESENTATION FIRST PUBLIC INPUT Representing Tustin Girls Softball, reported on renovation and usage of the new Columbus Tustin fields; storage and concession stand concerns; and requested mitigation with other users. Announced that they would be hosting a benefit game for the Chinese National Junior Basketball Team on October 4, 2003 at Tustin High School, to benefit the Tustin High Scholarship Fund and Brian Slater, an injured paramedic. Continue consideration of item to the October 6, 2003 Council Meeting REGULAR BUSINESS Agenda item taken out of order 10. TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT (DDA 03-03) FOR PARCEL 34 It was moved by Thomas, seconded by Davert, to continue consideration of Tustin Legacy Disposition and Development Agreement for Parcel 34 to the October 6, 2003 City Council meeting. Motion carried 5-0. Continue consideration of item to the October 6, 2003 Council meeting PUBLIC HEARING (Agenda Item 1) VESTING TENTATIVE TRACT MAP 16507 It was moved by Thomas, seconded by Davert, to continue the public hearing to the October 6, 2003 City Council meeting. Motion carried 5-0. Minutes - City Council September 15, 2003 - Page 2 CONSENT CALENDAR (Agenda Items 2 through 6) It was moved by Thomas, seconded by Kawashima, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. Approved APPROVAL OF MINUTES - SEPTEMBER 2, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of September 2, 2003. Approved APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,081,534.08; and $318,706.78 respectively and ratify Payroll in the amount of $507,913.15. Adopted Resolution No. 03- 106 o COOPERATIVE AGREEMENT NO. 12-367 WITH THE STATE OF CALIFORNIA (CALTRANS) FOR THE CONSTRUCTION OF THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT, PHASE 1 (CIP NO. 7130) Recommendation: 1. Adopt Resolution No. 03-106; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) 90-1 AS REVISED BY FINAL SUPPLEMENT #1 IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR COOPERATIVE AGREEMENT NO. 12-367 BETWEEN THE STATE OF CALIFORNIA (CALTRANS) AND THE CITY OF TUSTIN RELATING TO THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 Minutes - City Council September 15, 2003 - Page 3 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING. APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Approve Cooperative Agreement No. 12-367 with the State of California (Caltrans) and authorize the Mayor and City Clerk to execute the documents on behalf of the City. Approved o APPROVAL OF AMENDMENT NO. 7 TO COOPERATIVE AGREEMENT NO. C-95-993 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROJECTS FUNDED BY MEASURE M Recommendation: Approve Amendment No. 7 to Cooperative Agreement No. C-95-993 with the Orange County Transportation Authority, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. Adopted Resolution No. 03- 114 ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2002-2003 (CIP NO. 7001), AND THE ANNUAL SIDEWALK, CURB, AND GUTTER REPAIR PROJECT, FY 2002-2003 (PROJECT NO. 402-6235) Recommendation: 1. Adopt Resolution No. 03-114, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2002-2003 (CIP NO. 7001), AND THE ANNUAL SIDEWALK, CURB AND GUTTER REPAIR PROJECT, FY 2002-2003 Minutes - City Council September 15, 2003 - Page 4 (PROJECT NO. 402-6235). 2. Authorize the recordation of the Notice of Completion, and direct the City Clerk to: Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion; and Release the Faithful Performance bond not sooner than one year after the date of recordation of the Notice of Completion; and Assuming no claims or stop payment notices are filed, it is further recommended that thirty- five (35) days after the date of recordation of the Notice of Completion, authorize payment of the final 10% retention in the amount of $79,843.76 to Ben's Asphalt, Inc. The total final construction contract cost for the project is $798,437.64 Adopted Ordinance No. ' 1279 Approved REGULAR BUSINESS (Agenda Items 7 through 9) ORDINANCE NO. 1279 - CODE AMENDMENT 03-005 - BONUS DENSITY ORDINANCE It was moved by Davert, seconded by Thomas, to have second reading by title only and adoption of Ordinance No. 1279. Pamela Stoker, City Clerk, read the following Ordinance No. 1279 by title only: ORDINANCE NO. 1279 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 9, CHAPTER 1, GOVERNING INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. Motioned carried 5-0 (roll call vote). TUSTIN HIGH SCHOOL - TILLER TRICK OR TREAT REQUEST Minutes - City Council September 15, 2003 - Page 5 Select the following to continue consideration: 1. Tustin Legacy Community Partners; 2. Trammel Crow; and 3. Forest City Andrew Ha 13161 Woodland Drive Tustin, CA Councilmember Davert Councilmember Bone It was moved by Thomas, seconded by Kawashima, to contribute $2,500 to the "Tiller Trick or Treat" event on October 31, 2003. Motion carried 4-0, Bone opposed. TUSTIN LEGACY MASTER DEVELOPER SELECTION PROCESS It was moved by Thomas, seconded by Bone to short-list the five developer teams participating in the interview process further and discuss a recommended process of additional follow-up and research by the Technical Evaluation Team, the Ad-hoc Council Committee, and City Council prior to a final recommendation of the Master Developer. Motion carried 5-0. SECOND PUBLIC INPUT Representing the Tustin High School student body, requested an update on street improvements at the intersection of El Camino and Newport Avenue. Tim Serlet, Public Works Director, informed Council that the work had been approved under the 2003/2004 Capital Improvements Projects and construction would begin after the first of the year. Expressed gratitude towards Mayor Worley and Councilmember Thomas as well as staff for their participation in the evaluation of developers being considered in the Tustin Legacy Master Developer selection process, and thanked all developers who participated; and Announced Tiller Days would take place on October 3rd through 5th, 2003. · Complimented and thanked the developers that participated in the interview process; thanked Mayor Worley, Councilmember Thomas and staff for countless hours spent in the initial phase; · Reported on Water Advisory Council of Orange County committee meeting that water usage was lowest since 1995; · Polling places for the Special California Recall Election of October 7th would be compacted - website Minutes - City Council September 15, 2003 - Page 6 available to find polling location; League of Cities had workshops on state budget; and Southern California Association of Governments reported that within a 24 hour period 20% of traffic was generated by the workforce and 80 % by all others. Councilmember Thomas · Announced that today the 9th Circuit Court overturned the State Recall Election decision, but decision is pending possible appeal; and · Indicated that the Tiller Days route posted on the website correct and same as last year, invited everyone to attend. Mayor Pro Tem Kawashima · Remarked that City of Tustin Chief of Police, Steve Foster, was honored Saturday night by the Village of Hope; · Noted the Freedom Shrine in City Hall includes copies of documents important to American history; and · Expressed appreciation to the committee that reviewed developers for Tustin Base. Mayor Worley · Reiterated upcoming Tiller Days would take place October 3- 5; 2003. Commented that a lot of creativity and innovation was found in the developers interviewed during the selection process, thanked all for their participation. ADJOURNMENT - Mayor Worley adjourned the meeting at 7:40 p.m. The next regular meeting of the City Council was scheduled for Monday, October 6, 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 September 15, 2003- Page 7