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Home My WebLink AboutCC MINUTES 2004 01 20 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JANUARY 20, 2004 CLOSED SESSION CALL TO ORDER - 5:30 p.m. ROLL CALL Present: Absent: City Clerk: Others Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, and Councilmember Doug Davert Councilmembers Jeffery M. Thomas and Tracy Worley Hagen Chief Deputy City Clerk Maria Huizar William A. Huston, City Manager and Lois Jeffrey, City Attorney PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL - LABOR NEGOTIATIONS pursuant to Government Code Section 54957.6. Negotiator: William A. Huston, City Manager Regarding: Unrepresented Executive Management and Management Employees PUBLIC MEETING CALL TO ORDER - 7:00 p.m. PLEDGE OF ALLEGIANCE - Councilmember Davert INVOCATION - Mayor Pro Tem Bone ROLL CALL Present: Absent: City Clerk: Others Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Council Members Tracy Worley Hagen and Doug Davert Council Member Jeffery M. Thomas Pamela Stoker William A. Huston, City Manager; Lois Jeffrey, City Attorney; and George Jeffries, City Treasurer City Council Meeting Minutes January 20, 2004 Page 1 of 7 CLOSED SESSION REPORT - None PROCLAMATIONS Employee Showcase Christopher Scott Grover Employee of the Year, PRESENTATIONS - None FIRST PUBLIC INPUT - Bob Margaluis, 1100 E. Irvine Blvd., #475, Tustin Post 227, The American Legion - presented Certificates of Appreciation to the City Council, Police Department, and Parks and Recreation Department for contributing to success of the , 'veteran's Day Parade CONSENT CALENDAR It was moved by Councilmember Davert, seconded by Councilmember Hagen, to approve Consent Calendar items 1 through 13 as recommended by staff. Motion carried 4-0, Councilmember Thomas absent. 1. APPROVAL OF MINUTES - JANUARY 5,2004 REGULAR MEETING Motion: Approve the City Council Minutes of January 5, 2004. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amount of $515.00; $1,051,450.57; and $434,134.73; reversal in the amount of $2,485.34; and ratify Payroll in the amount of $468,119.36. 3. PRE-TAX PAYROLL DEDUCTION PLAN FOR CALPERS SERVICE CREDIT PURCHASES Motion: Adopt resolution. RESOLUTION NO. 04-10 - A resolution of the City Council of the City of Tustin, California, adopting Pre-Tax Payroll Deduction Plan for service credit purchases (Contribution Code 14) 4. ADOPTION OF A RESOLUTION FOR THE APPLICATION FOR 2002 RESOURCES BOND ACT PER CAPITA PROGRAM City Council Meeting Minutes January 20, 2004 Page 2 of 7 \ Motion: Adopt resolution. RESOLUTION NO. 04-11 - A resolution of the City Council of the City of Tustin, California approving the application for grant funds under the Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002 5. AWARD OF CONTRACT FOR THE CONSTRUCTION OF 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) Motion: Award the construction contract 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), to Sequel Contractors, Inc. the low responsible bidder in the amount of $633,306.70 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 6. ADOPTION OF RESOLUTION NO. 04-09 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2004-2005 Motion: Adopt resolution. RESOLUTION NO. 04-09 - A resolution of the City Council of the City of Tustin, California ordering the preparation of an Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2004-2005 7. APPROVAL OF MASTER UTILITY ADJUSTMENT AGREEMENT WITH THE IRVINE RANCH WATER DISTRICT Motion: Approve the Master Utility Adjustment Agreement with the Irvine Ranch Water District, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 8. RELEASE OF BONDS FOR PARCEL MAP NO. 2002-237: 1123 WARNER AVENUE, VOlT DEVELOPMENT COMPANY Motion: Release the following bonds in the indicated amounts: Faithful Performance Bond No. 929207449 $23,000.00 Labor and Material Bond No. 929207449 $11,500.00 Monumentation Bond (cash, Account No. 500002604/920500) $650.00 City Council Meeting Minutes January 20, 2004 Page 3 of 7 11. 12. 13. 9. CONSIDERATION OF CLAIM: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, CLAIM NO. 03-37 Motion: 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. 10. PLANNING COMMISSION ACTION AGENDA - JANUARY 12, 2004 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Motion: Ratify the Planning Commission Action Agenda of January 12, 2004. QUARTERLY INVESTMENT REPORT Motion: Receive and file the report. FINAL PARCEL MAP 2003-131 Final Parcel Map 2003-131 is a request to resubdivide a 4.09-acre site located at the northeast corner of Sixth Street and EI Camino Real into four (4) new parcels for development of a garden center on a 1.47 acre parcel located at the northwest portion of the site. (Owner: Mary and John Prescott loP.; Applicant: Armstrong Garden Center) Motion: Adopt resolution. RESOLUTION NO. 04-14 - A resolution of the City Council of the City of Tustin approving Final Parcel Map 2003-131 to resubdivide a 4.09 acre site located at the northeast corner of EI Camino Real and Sixth Street into four (4) new parcels for the purpose of developing a garden center on a 1.47-acre parcel at the northwest of the property FINAL TRACT MAP 16474 (PA 20, MCAS TUSTIN SPECIFIC PLAN) Final Tract Map 16474 is a request to subdivide 31.6 acres to develop 376 residential units in Planning Area 20, including 198 multiple family units and 178 patio homes. The units would be under condominium ownership and a single homeowners association would be established. All conditions have been fulfilled and the final map may be approved and recorded. (Owners/Applicants: WL Homes) City Council Meeting Minutes January 20, 2004 Page 4 of 7 Motion: Adopt resolution. RESOLUTION NO. 04-15 - A resolution of the City Council of the City of Tustin approving Final Tract Map 16474 to subdivide 31.6 acres to develop 376 residential units in Planning Area 20, including 198 multiple family units and 178 patio homes within Planning Area 20 of the MCAS Tustin Specific Plan BUSINESS CALENDAR (Agenda Items 14 and 15) 14. MAYORAL APPOI NTMENTS TO COMMITTEES Annually, following selection of the Mayor, the Mayor appoints those members of the City Council who will serve on the various City and County committees. Mayor Kawashima made the following appointments: APPOINTEE/AL TERNATE Hagen/Bone Bone Hagen/Kawashima HagenlDavert Davert Kawashima/Davert Bone/Kawashima Hagen/Kawashima Bone KawashimalDavert Bone/Davert BonelTim Serlet Bone Kawashima/Hagen Kawashima/Davert Bone 15. COMMISSION/COMMITTEE Foothili/Eastern Transportation Corridor Agency Growth Management Areas MCAS, Tustin Technical Evaluation Committee Orange County Fire Authority Orange County Vector Control Orange County Sanitation District Orange County Council of Governments Santa AnalTustin Joint Powers Agency (TSIA) Santa Ana River Flood Protection Agency Senior Fund Board of Directors Tustin Pride Committee Newport Bay Watershed Executive Committee Water Advisory Committee of Orange County Orange County Library Board Tustin Unified School District Liaison Southern California Association of Governments (SCAG) APPEAL OF SIGN CODE EXCEPTION 03-001: 13872 RED HILL AVENUE On December 8, 2003, the Planning Commission denied a request to modify a non-conforming pole sign at 13872 Red Hill Avenue (Mobile Gas Station). On December 10, 2003, the applicant appealed the Planning Commission's decision. (Applicant: Mark Fink, Donco & Sons, Inc and Property Owner: Elizabeth S. Pankey) Associate Planner Matt West presented staff report. City Council Meeting Minutes January 20, 2004 Page 5 of 7 Mayor Pro Tem Bone had questions regarding pole. Mark Fink, declared that precedent had been set with the non-conforming sign located at the Shell Gas Station right in front of their Mobil Station. High winds had caused damage to sign in question. The proposed sign although non- conforming, is smaller in size and made of safer materials. There were no other public speakers. Community Development Department Director, Binsack commented on statements made by Mr. Fink. Councilmembers Davert and Hagen indicated support of Planning Commission's recommendation and Mayor Pro Tem Bone and Mayor Kawashima opposition. Motion: Adopt resolution. RESOLUTION NO. 04-13 - A resolution of the City Council of the City of Tustin, upholding the Planning Commission's decision to deny Sign Code Exception 03-001, a request to modify an existing non-conforming pole sign by replacing the existing 216 square foot sign cabinet with a 133 square foot cabinet sign at 13872 Red Hill Avenue It was moved by Councilmember Davert, seconded by Councilmember Hagen, to adopt Resolution No. 04-13. Mayor Pro Tem Bone and Mayor Kawashima opposed. CouncilmemberThomas absent.* *Motion failed. The Planning Commission decision stands (TCC Section 9294d). SECOND PUBLIC INPUT - None OTHER BUSINESS 1 COMMITTEE REPORTS Councilmember Davert: . Wished Councilmember Thomas a speedy recovery; . Requested Council and staff discuss the impacts of the state's budget on the City. City Manager Huston suggested that Council may want to identify the programs that could be reduced at the Mid-Year Budget Review scheduled for the 2nd meeting in February. Councilmember Hagen: . The traffic at Pioneer Middle School had poor circulation design, asked that traffic engineers look at Beckman High School for possible traffic problems; . Announced Armstrong Nursery to open in May, 2004; . Tennis nets at Tustin Sports Park had holes and needed replacement; and . First Board of Directors Fire Authority meeting would be held at new headquarters on January 22, 2004, groundbreaking would officially be held in October 2004. City Council Meeting Minutes January 20, 2004 Page 6 of 7 Mayor Pro Tem Bone: . Complimented former Tustin High School student DeShaun Foster on a great touchdown at the recent Carolina Panthers football game; . Complimented Stephanie Nichols for saving life of small child; . Agreed there was a need to address budget issues; and . Commented on Water Advisory Committee of Orange County meeting, snow in mountains had doubled indicating a good water supply this year; recent reports showed Tustin needed to conserve water. Mayor Kawashima: . Agreed adjustments should be made in City's budget due to State's budget crisis; and . Announced that the City of Tustin had been named top 4 City in the United States in terms of quality of life according to "Money Magazine". ADJOURNMENT - 7:51 P.M. - The next regular meeting of the City Council is scheduled for Monday, February 2, 2004, at 7:00 p.m. in the Council Chamber at 300 Centennial Way, Tustin. ~~~ ~Q~ TONY KAWASf\IMA, PAMELA STOKER, Mayor City Clerk City Council Meeting Minutes January 20, 2004 Page 7 of 7