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Home My WebLink AboutCC MINUTES 2003 09 15 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA SEPTEMBER 15, 2003 CLOSED SESSION -- 5:30 P.M. 5:32 p.m. CALL TO ORDER Council Present: Council Absent: City Clerk: Others Present: ROLL CALL Mayor Tracy Wills W0rley, Mayor Pro Tem Tony Kawashima, Councilmembers Ecu Bone, Doug Davert and Jeffery M. Thomas None Pamela Stoker William A. Huston, City Manager; Lois Jeffrey, City Attorney None PUBLIC INPUT Announced CLOSED SESSION - Mayor Worle.v announced the City Council would convene in close,d session to: Confer with the City Attorne,~f 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: Parcel.~ 10 & 11, (I-C-I); Agency Negotiator: Assistant City Manager; Negotiating Parties: City of Tustin and Vestar Development II, EEC; Under Negotiation: Price and terms. REGULAR MEETING-7:00 P.M. 7:00 p.m. CALL TO ORDER Given INVOCATION -- Coun,cilmember Bone Given PLEDGE OF ALLEGI,ANCE - Councilmember Davert ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Mayor Tracy Wills Worley, Mayor Pro Tem Tony Kawashima, Council~member.'~ Lou Bone, Doug Davert and Jeffery M. Thom~s None Pamela Stoker William A. Huston, City M~nager; Lois Jeffrey, City Attorney None CLOSED SESSION REPORT Given PROCLAMATION -- Fire Pre~¢ention Week - Battalion Chief Mike Rohde, (:)range County Fire Authority None PRESENTATION FIRST PUBLIC INPUT Terrie Kulpa 18092 Bigelow Park Tustin, CA Representing Tusti n Girls Softball, reported on renovation and usage of the n ~w Columbus Tu:~tin fields; storage and concession stand, ;oncerns; and requested mitigation with other users. Minutes - City Council September I 5, 2003 -- Page 1 Dr. John L. Glavinovioi Tustin Hospital 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 (DBA 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) 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. 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 2. APPROVAL OF MINUTES -- SEPTEMBER 2, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of September 2, 2003. Approved Adopted Resolution No. 03- 106 APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,081,534.08; and $318,706.78 respectively and rati~ Payroll in the amount of $507,913.15. 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 AMC AVENUE WIDENING PROJECT, PHASE I (CIP NO. 7130) Min:utes - City Council September 15, 2003 -- Page 2 Recommendation: Adopt Resolution No. 03-106; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (FIR) 90-1 AS REVISED BY FINAL SUPPLEMENT #1 IS ADEQUATE TO SERVE AS THE PROGRAM FIR 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 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMC AVENUE WIDENING. APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Approve Cooperati,ve 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 APPROVAL OF ,~,MENI':)MENT NO. 7 TO COOPERATIVE A('~REEMENT NO. C-95-993 WITH ORANGE COUN"r¥ TRANSPORTATION AUTHORITY FOR PROJECTS FUNDED BY MEASURE M Recommendation: Approve Amendment No. 7 to Cooperative Agre,ement No. C-95-993 with the Orange County Transportation Authority, and authorize the May,or and City Clerk to execute the Agreement on behalf of the Oily. Adopted Resolution No. 03- 114 ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORITATION TO FILE THE NOTICE OF COMPLETION FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2002-2003 (ClP NO. 7001), ANI;} THE ANNUAL SIDEWALK, CURB, AND GUTTER REPAIR PROJECT, FY 2002-2003 (PROJECT NO. 402-6235) Recommendation: 1. Adopt Resolution No. 03-114, A RESOLUTI, ON OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATI~ON 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 (PROJECT NO. 402-6235). Minutes - City Council September 15, 2003 - Page 3 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 Bo Release the Faithful Performance bond not sooner than one year after the date of recordation of the Notice of Completion; and 3. 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 Select the following to continue consideration: 1. Tustin Legacy Community Partners; 2. Trammel Crow; and 3. Forest City 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 It was moved by Thomas, seconded by Kawashima, to contribute $2,500 to the "Tiller Trick or Treat" event on October 31, 2003. M~ion 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. Minutes - City Council September 15, 2003 - Page 4 Motion carried 5-0. SECOND PUBLIC INPUT Andrew Ha 13161 Woodland Drive Tustin, CA 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 200312004 Capital Improvements Projects and construction would begin after the first of the year. Councilmember Davert o 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. Councilmember Bone · 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; o Polling places for the Special California Recall Election of October 7th would be Compacted -- website 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 o 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 Shrin~ 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. Minutes- City Council September 15, 2003- Page 5 PAMELA STOKER, CITY CLERK Minutes - City Council September 15, 2003 - Page