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Home My WebLink AboutCC MINUTES 2003 10 20 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: None None None MINUTES OF THE REGULAR MEETING OF THE CI1Y COUNCIL TUSTIN, CALIFORNIA OCTOBER 20, 2003 CLOSED SESSION CALL TO ORDER ROLL CALL Mayor Pro Tem Tony Kawashima, Councilmembers Lou Bone, Doug Davert and Jeffery M. Thomas Mayor Tracy Wills Worley Maria R. Huizar, Chief Deputy City Clerk William A. Huston, City Manager; and Lois Jeffrey, City Attorney PUBLIC INPUT CLOSED SESSION - Mayor Pro Tem Kawashima announced the City Council would convene in closed session to: 1) Confer with the City's Labor Negotiator, Arlene Marks, Director of Human Resources, regarding Tustin Municipal Employees Association 2) 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. 3) Confer with the City's real property negotiator (Government Code Section 54956.8). Property: Parcel 34; Agency Negotiator: Assistant City Manager and Special Counsel Gilchrist & Rutter; Negotiating Parties: City of Tustin and Salvation Army; Under Negotiation: Price and terms. 4) Confer with the City Attorney regarding Anticipated Litigation, specifically, Significant Exposure to Litigation pursuant to subdivision (b) of Government Code Section 54956.9 (two cases) PUBLIC MEETING CALL TO ORDER INVOCATION - Councilmember Bone PLEDGE OF ALLEGIANCE - Councilmember Thomas 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; and Lois Jeffrey, City Attorney CLOSED SESSION REPORT PROCLAMATION PRESENTATION FIRST PUBLIC INPUT Minutes - City Council October 20, 2003 - Page 1 Raymond Seiler 10464 Caribou Tustin, California Doris Hale 1506 N. Lowell Street Santa Ana, California Adopted Resolution Nos. 03-123 and 03-124 Approved Approved Invited the City Council and residents to the Tustin Public Schools Foundation Dinosaur Dash on November 2, 2003 at the Tustin Market Place. Reported to Council that the library expansion/relocation plan would displace an elderly care home; also, the plan did not address many issues and believed there were alternatives that were not explored. PUBLIC HEARING (Agenda Item 1) 1. TENTATIVE TRACT MAP 16527: AVENUE 1123 WARNER Mayor Pro Tem Kawashima opened the public hearing at 7:12 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Thomas, seconded by Davert to adopt Resolution No. 03-123: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AS ADEQUATE FOR TENTATIVE TRACT MAP 16527 AND FINDING ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Adopt Resolution No. 03-124, as modified: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING TENTATIVE TRACT MAP 16527 TO SUBDIVIDE PARCEL 2 OF PARCEL 2002- 237 INTO SEVEN (7) LOTS FOR THE PURPOSE OF DEVELOPING A TOTAL OF 266,324 SQUARE FEET OF INDUSTRIAL BUILDINGS Motion carried 4-0; Mayor Worley absent. CONSENT CALENDAR (Agenda Items 2 through 12) It was moved by Thomas, seconded by Davert, to approve the Consent Calendar as recommended by staff. Motion carried 4-0; Mayor Worley absent. 2. APPROVAL OF MINUTES - OCTOBER 1 AND 6, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of October 1 and 6, 2003 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $757,355.53 and $1,363,381.94 and reversals in the amount of $1,944,701.91; and ratify Payroll in the amount of $481,509.02 Minutes - City Council October 20, 2003 - Page 2 Ratified Approved Adopted Resolution No. 03-118 Adopted Resolution No. 03-091 Approved 4. PLANNING COMMISSION ACTION AGENDA All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Recommendation: Ratify the Planning Commission Action Agenda of October 13, 2003. 5. QUARTERLY INVESTMENT REPORT Recommendation: Receive and file. 6. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2003/2004 (CIP NO. 7001), AND ANNUAL SIDEWALK, CURB, AND GUTTER REPAIR PROJECT FY 2003/2004 (PROJECT NO. 402-6235) Recommendation: Adopt Resolution No. 03-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2003-2004 (CIP NO. 7001), AND ANNUAL SIDEWALK, CURB, AND GUTTER REPAIR PROJECT, FY 2003- 2004 (PROJECT NO. 402-6235), AND AUTHORIZE ADVERTISEMENT FOR BIDS 7. NOTICE OF INTENT TO ESTABLISH UNDERGROUND UTILITY DISTRICT NOS. 03-01 AND 03-02 FOR THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT- PHASE I (CIP NO. 7130) AND FOR THE EDINGER AVENUE ("SMART STREET") WIDENING PROJECTS (CIP NO. 7147) Recommendation: Adopt Resolution No. 03-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING A TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER THE DESIGNATION AND ADOPTION OF UNDERGROUND UTILITY DISTRICT NOS. 03- 01 AND 03-02, REQUIRING THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES WITHIN THE AREA OF THE CITY OF TUSTIN GENERALLY BOUNDED BY EDINGER AVENUE ON THE NORTH, THE BURLINGTON NORTHERN AND SANTA FE RAILROAD SPUR LINE EAST OF DEL AMO AVENUE ON THE EAST, VALENCIA AVENUE ON THE SOUTH, AND STATE ROUTE 55 ON THE WEST WHICH AREA IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND ON FILE IN THE OFFICE OF THE CITY CLERK AND CITY ENGINEER OF THE CITY OF TUSTIN 8. DECLARATION OF SURPLUS EQUIPMENT Recommendation: That the City Council declares the equipment detailed in the attached report as surplus and not required for public use, in accordance with the Tustin City Code, Section 1626 and authorize the Public Works Department to sell the equipment at public auction. Minutes - City Council October 20, 2003 - Page 3 Adopted Resolution No. 03-122 Approved Approved Deny Claim Adopted Urgency Ordinance No. 1281 9. 10. 11. 12. 13. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CENTENNIAL PARK RESTROOM RENOVATION PROJECT (CIP NO. 2056) Recommendation: Adopt Resolution No. 03-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CENTENNIAL PARK RESTROOM RENOVATION (CIP NO. 2056) AWARD OF CONTRACT FOR GRAFFITI REMOVAL PROGRAM Recommendation: That the City Council authorize the Community Development Director to enter into a contract with Graffiti Control Systems for the removal of graffiti from public and private property. JOINT VENTURE COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE, THE CITY OF TUSTIN AND THE TUSTIN UNIFIED SCHOOL DISTRICT Recommendation: It is recommended that the City Council authorize the City Manager to execute a Joint Venture Cooperative Agreement for the new Tustin Branch Library subject to modifications to the draft agreement as may be determined necessary by the City Manager and City Attorney prior to execution. CONSIDERATION OF CLAIM OF CLAUDIA JENKINS, CLAIM NO. 03-29 Recommendation: After investigation and review by City Attomey's office and the City's Claims Administrator, it is recommended that the City Council deny the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorney. REGUCAR BUSINESS (Agenda Item 13) ADOPTION OF URGENCY ORDINANCE NO. 1281 AMENDING CITY CODE SECTION 4311 AND ADDING CITY CODE SECTION 4327 TO REQUIRE RECYCLING OF CONSTRUCTION AND DEMOLITION DEBRIS It was moved by Thomas, seconded by Davert, to adopt Urgency Ordinance No. 1281. City Clerk, Pamela Stoker, read the following Ordinance No. 1281 by title only: AN URGENCY ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF CHAPTER 3, PARTS 1 AND 2 OF TITLE 4 OF THE TUSTIN CITY CODE BY ADDING NEW PROVISIONS FOR THE DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS Motion carried 4-0; Mayor Worley absent (roll call vote). Minutes - City Council October 20, 2003 - Page 4 None SECOND PUBLIC INPUT OTHER BUSINESS / COMMITTEE REPORTS Councilmember Bone . Informed residents that the Orange County Transportation Authority (OCTA) continued to have open hearings on the Centerline project; and . Inquired on Citywide ambulance service. City Manager, Bill Huston, stated the Orange County Fire Authority is the agency in charge of service. Councilmember Davert . Congratulated Mayor Worley and Brian Hagen on their marriage over the weekend; Discussed the Orange County Vector Control's concern with fire ants and a possible benefit assessment in the future; . Congratulated new State Governor, Arnold Schwarzenegger; Invited everyone to participate in this year's Dinosaur Dash that would be held on November 2, 2003; and Announced that the groundbreaking for Armstrong Nursery would be held on November 3, 2003. Councilmember Thomas Congratulated Mayor Worley on her new marriage. Mayor Pro Tem Kawashima Asked striking grocery store employees to respect residents who decide to shop at those stores; . Invited everyone to attend Dinosaur Dash; Inquired if horse trail near Portola and Tustin Ranch Road was still functional; City Manager, Bill Huston, advised the area was maintained by the County of Orange; and . Best wishes to Mayor Worley and wished her lifelong happiness. ADJOURNMENT - Mayor Pro Tem Kawashima adjourned the meeting at 7:19 p.m. The next regular meeting of the City Council was scheduled for Monday, November 3, 2003, at 7:00 p_m. in the Council Chamber at 300 Centennial Way. ~nca ~}~r- PAMELA STOKER, CITY CLERK ~~~ Minutes - City Council October 20, 2003 - Page 5