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Home My WebLink AboutCC MINUTES 2003 11 17 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA NOVEMBER 17, 2003 7:01 p.m. Given Given Council Present: Absent: City Clerk: Others Present: None PUBLIC MEETING-7:00 P.M. CALL TO ORDER INVOCATION - Councilmember Bone PLEDGE OF ALLEGIANCE -- Counoilmember Davert ROLL CALL Mayor Tracy Worley Hagen, Mayor Pro Tern Tony Kawashima, Councilmembers Lou Bone, Doug Davert and Jeffery M. Thomas None Maria Huizar, Chief Deputy City Clerk William A. Huston, City Manager; Lois Jeffrey, City Attorney; and George Jeffries, City Treasurer PROCLAMATION Given PRESENTATION Cer[iflcate of Recognition presented to Nancy Cast, founding Chairperson of Learning Enrichment and Achievement Partners (LEAP) in recognition of her retirement Certificate of Recognition presented to Tustin Pioneer Club Runner Michael "Mike" Lalum for recent induction to the North Dakota Hall of Fame None FIRST PUBLIC INPUT Adopted Resolution No. 03-129 PUBLIC HEARING (Agenda Item 1) UNDERGROUND UTILITY DISTRICT NOS. 03-01 AND 03- 02 FOR THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMC AVENUE WIDENING PROJECT - PHASE 1 (CIP NO. 7130) AND FOR THE EDINGER AVENUE ("SMART STREET") WIDENING PROJECT (CIP NO. 7147) Mayor Worley opened the public hearing at 7:03 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Davert, seconded by Thomas, to adopt the following Resolution 03-129: Minutes - City Council November 17, 2003 - Page 1 RESOLUTION NO. 03-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ESTABLISHING UNDERGROUND UTILITY DISTRICT NOS. 03-01 AND 03-02 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 AMC AVENUE ON THE EAST, VALENCIA AVENUE ON THE SOUTH, AND STATE ROUTE 55 ON THE WEST Motion carried 5-0. Approved Approved CONSENT CALENDAR (Agenda Items 2 through 8; 10 and 11) City Manager Bill Huston removed Agenda Item 9 from Consent Calendar. It was moved by Thomas, seconded by Davert to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. APPROVAL OF MINUTES - NOVEMBER 3, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of November 3, 2003. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,935,085.38 and $894,216.01, reversals in the amount of $80,47, and ratify Payroll in the amount of $472,043.19. Ratified PLANNING COMMISSION ACTION AGENDA 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 November 10, 2003. Denied CONSIDERATION OF CLAIM: CHERYL ANDERSON, CLAIM NO. 03-27 Recommendation: After investigation and review by City Attorney'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. Denied CONSIDERATION OF CLAIM: LEWIS MARCOTTE, CLAIM NO. 03-30 Minutes - City Council November 17, 2003 - Page 2 Recommendation: After investigation and review by City Attorney'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. Denied Adopted Resolution No. 03-127 CONSIDERATION OF CLAIM: LINDA WEUSTE, CLAIM NO. 03-32 Recommendation: After investigation and review by City Attorney'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. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMC AVENUE WIDENING PROJECT - PHASE I (APN 430-253-014, CATELLUS FINANCE 1, LL.C. 15222 DEL AMC AVENUE, CIP NO. 7130) Recommendations: 1. Adopt Resolution No. 03-127 RESOLUTION NO 03-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 430-253-014 (15222 DEL AMC AVENUE) WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMC AVENUE WIDENING PROJECT -- PHASE 1, (CIP NO. 7130) AND APPROVING THE PURCHASE AGREEMENT Authorize the Mayor and City Clerk to execute the Purchase Agreement with the Seller, Catellus Finance 1, LL.C., on behalf of the City. Adopted Resolution No. 03-128 10. APPROVAL OF RESOLUTION NO. 03-128 SETTING THE FEES RELATED TO CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT PLANS Recommendation: Adopt Resolution No. 03-128 RESOLUTION NO. 03-128 - A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TUSTIN, SETTING THE FEE FOR SUBMITTAL AND REVIEW OF A WASTE MANAGEMENT PLAN Approved 11. PROJECT FUNDING FOR MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Minutes- City Council November 17, 2003- Page 3 Recommendations. 1. Authorize the use of City AB 2766 funds for the Tustin Commuter Rail Station; and Authorize the City Manager to approve additional AB 2766 expenditures, consistent with Air Quality Management District guidance, throughout the 2003/2004 program year as needed. Removed from Consent Calendar Adopted Ordinance No. 1275 Adopted Ordinance No. 1280 ITEMS REMOVED FROM CONSENT CALENDAR ADOPTION OF RESOLUTION NO. 03-121 DESIGNATING RESTRICTED PARKING AREAS AT THE CITY'S METROLINK STATION AT 2975 EDINGER AVENUE City Manager, Bill Huston, stated the item would be revisited at a later date. 12. 13. REGULAR BUSINESS (Agenda Items 12 and 13) APPROVAL OF ORDINANCE NO. 1275 AMENDING CHAPTER 9 OF ARTICLE 4 OF THE TUSTIN CITY CODE TO COMPLY WITH THE SANTA ANA REGION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL STORM WATER PERMIT It was moved by Thomas, seconded by Kawashima, to have second reading by title only and adoption of Ordinance No. 1275. Maria Huizar, Chief Deputy City Clerk, read the following Ordinance No. 1275 by title only: ORDINANCE NO. 1275 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 9 OF ARTICLE 4 OF THE TUSTIN CITY CODE TO COMPLY WITH THE SANTA ANA REGION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL STORM WATER PERMIT FOR THE CITY OF TUSTIN Motion carried 5-0 (roll call vote). APPROVAL OF ORDINANCE NO. 1280 AMENDING ARTICLE 8, CHAPTER 9 OF THE TUSTIN CITY CODE TO COMPLY WITH THE SANTA ANA REGION WATER QUALITY CONTROL BOARD NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL STORM WATER PERMIT it was moved by Davert, seconded by Thomas, to have second reading by title only and adoption of Ordinance No. 1280. Maria Huizar, Chief Deputy City Clerk, read the following Ordinance No. 1280 by title only: Minutes - City Council November 17, 2003 - Page 4 ORDINANCE NO. 1280 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING CHAPTER 9 OF ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT PROVISIONS RELATING TO GRADING AND EXCAVATION Motion carried 5-0 (roll call vote). None SECOND PUBLICINPUT OTHER BUSINESS - City Manager, City Attorney, City Council Councilmember Davert: · Thanked. the American Legion Post for an excellent Veteran's Day celebration; o Announced Council would be electing a new Mayor and Mayor Pro Tern at the December 1,2003 City Council meeting; and · Mentioned his attendance at the inaugural celebration of California's new governor. Councilmember Bone: · Thanked City Manager Bill Huston for new Community Center audio system; · Reported on the League of California Cities Citipac Committee's new initiative, Local Taxpayers and Public Safety Protection Act, designed to restore local control over local tax dollars; · Commented on the Water Advisory Committee of Orange County, Tustin was doing well in conserving water, congratulated Public Works Director Tim Serlet and Tustin residents; · Attended the Southern California Association of Governments 2004- 2005 Economic Forecast, Orange County's economy was slowly improving; 32% of businesses in California were considering leaving state due to high costs; and · Announced the Santa Ana River Flood Protection Agency would receive $15 million in Federal funds to complete Prado .Dam. Counoilmember Thomas: · Wished everyone a Happy Thanksgiving; o Mentioned he enjoyed Veteran's Day parade, would like to see it continue; and · Thanked new Governor for repealing oar tax. Mayor Pro Tern Kawashima: · Thanked all Veterans for attending Veterans Day parade; · Thanked Mayor Worley Hagen for her outstanding leadership; and · Commented he recently toured Pioneer Park and development was moving along quickly. Mayor Worley Hagen: · Invited everyone to attend the City Council reorganization meeting on December 1, 2003 with a reception to follow; and · Encouraged everyone to attend the Tree Lighting Ceremony on Friday, December 5, 2003 at 6:00 p.m. None CLOSED SESSION --The City Council shall convene in Closed Session to confer with the City Attorney pursuant to subdivision (a) of Government Code Section 54956.9 about pending litigation to vvhioh the City is a party. Natasha Carr vs. Tustin Police Department (OCSC NO. 03CC01966) Minutes - City Council November 17, 2003 - Page 5 ADJOURNMENT -- Mayor Worley Hagen adjourned the meeting at 7:23 p.m. The next regular meeting of the City Council was scheduled for Monday, December 1, 2003 at 7:00 p.m. in the Council Chamber at 300 Centennial Way. TRACY W.,CRLEY HAC.-~, MAYOR MARIA R. HUIZAR, CHIEF ECEPUTY CITY CLERK Minutes- City Council November 17, 2003 -- Page 6