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Home My WebLink About03 MINUTES 04-19-04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA APRIL 5, 2004 Agenda Item 3 Rewewed: ~~ ~/' City Manager ~. Finance Director ~ CLOSED SESSION CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Doug Davert, Tracy Worley Hagen, and Jeffery M. Thomas None Maria Huizar, Chief Deputy City Clerk Christine Shingleton, Assistant City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH REAL PROPERTY Government Code Section 54956.8 NEGOTIATOR pursuant to Propertv: Property is Reuse Plan Disposal Parcels 10, 11, and 12; portion of Parcell-D-4, Tustin Legacy Vestar Development II, LLC Assistant City Manager and Special Counsel Gilchrist & Rutter Price and Terms of Payment Partv with whom neQotiatinQ: NeQotiator: Terms under neQotiations: B. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION pursuant to subdivision (a) of Government Code Section 54956.9 City of Tustin vs. George Y. Young and William Y. Young, et al; OCSC No. 03CC06172. City Council Meeting Minutes April 5, 2004 Page 1 of7 PUBLIC MEETING CALL TO ORDER - 7:00 p.m. PLEDGE OF ALLEGIANCE - Councilmember Thomas INVOCATION - Mayor Pro Tem Bone NATIONAL ANTHEM sung by the 2004 Miss Tustin, Lauren E. Cunningham ROLL CALL Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Tracy Worley Hagen, Doug Davert, and Jeffery M. Thomas None Pamela Stoker Christine Shingleton, Assistant City Manager; Lois Jeffrey, City Attorney; and George Jeffries, City Treasurer Absent: City Clerk: Others Present: PROCLAMATION - 2004 Miss Tustin, Lauren Cunningham CLOSED SESSION REPORT - Settlement in the amount of $150,000 in the City of Tustin vs. George Y. Young and William Y. Young, et al; OCSC No. 03CC06172 item. Motion carried 5-0. FIRST PUBLIC INPUT - None CONSENT CALENDAR It was moved by Councilmember Davert seconded by Councilmember Thomas, to approve Consent Calendar items 1 through 12 as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - SPECIAL AND REGULAR MEETINGS OF MARCH 15,2004 Motion: Approve the Special and Regular City Council Meeting Minutes of March 15, 2004. City Council Meeting Minutes April 5, 2004 Page 2 of 7 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amount of $1,048,470.47, $1,319,612.75 and $771,584.50; reversals in the amount of $1 ,644.70; and ratify Payroll in the amount of $479,142.24 and $502,587.42. 3. SECOND AMENDMENT TO DISPOSITION AGREEMENT FOR PARCEL 33, TUSTIN LEGACY AND DEVELOPMENT Motion: Approve and authorize the City Manager's execution of the Second Amendment to DDA 03-01, subject to any non-substantive modifications as may be determined necessary by the City's Special Counsel. 4. AGREEMENT WITH THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT (SOCCCD) FOR CONVEYANCE OF PROPERTY AND ESTABLISHMENT OF AN ADVANCED TECHNOLOGY EDUCATIONAL CAMPUS Motion: 4.a. Adopt resolution; RESOLUTION NO. 04-32 - A resolution of the City of Tustin City Council adopting a finding that the MCAS Tustin Program Environmental Impact StatementlEnvironmentallmpact Report (MCAS Tustin Program EIS/EIR) is adequate to serve as the project EIS/EIR for an agreement between the City of Tustin (City) and the South Orange County Community College District (SOCCCD) implementing a deed and personal property conveyance and a lease of portions of the former Marine Corps Air Station (MCAS) from the City to the SOCCCD 4.b. Subject to non-substantial modifications as may be determined necessary by the City's Special Counsel, City Attorney, or City Manager, prior to execution, adopt resolution; and RESOLUTION NO. 04-33 - A resolution of the City Council of the City of Tustin, California authorizing execution of an agreement between the City of Tustin (City) and the South Orange County Community College District (SOCCCD) implementing a deed and personal property conveyance and a lease at or on portions of the former Marine Corps Air Station (MCAS) Tustin from the City to the SOCCCD 4.c. Authorize City Manager, or designee, to execute the Agreement between the City of Tustin and SOCCCD for conveyance of a portion of MCAS Tustin and to carry out all actions necessary to implement the Agreement, including execution of all necessary documents, including the lease City Council Meeting Minutes April 5, 2004 Page 3 of 7 5. 6. 7. 8. 9. 10. document, and upon satisfaction of all conditions and obligations of City and SOCCCD thereto, to transfer certain property to SOCCCD. COMMERCIAL VEHICLE GRANT Motion: Authorize funds for the purchase of a 2004 Dodge 2500 HD Pickup from Tustin Dodge. AUTHORIZATION REPLACEMENT TO EXPEND FUNDS POLICE MOTORCYCLE Motion: Award a bid for two BMW R 1150 RT -P motorcycles to A & S Motorcycles, Roseville, California, in the amount of $22,000.00 per unit under a guaranteed buyback program which was originally negotiated by the California Highway Patrol (CHP) CONSIDERATION OF CLAIM: JENNIFER LE, CLAIM NO. 04-03 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. CONSIDERATION OF CLAIM: JIHAD SMAILI, CLAIM NO. 03-44 Motion: Approve settlement in the amount of $18,782.26, subject to receipt of a signed release. SETTLEMENT AGREEMENT WITH TUSTIN HEALTH SPA, INC. AND MYONG CHA OM Motion: Approve settlement agreement. TUSTIN POLICE SUPPORT SERVICES ASSOCIATION MEMORANDUM OF UNDERSTANDING Motion: 10.a. Adopt resolution; and RESOLUTION NO. 04-34 - A resolution of the City Council of the City of Tustin, California, amending the classification and compensation plan for the City of Tustin and approving the Memorandum of Understanding City Council Meeting Minutes April 5, 2004 Page 4 of 7 between the City of Tustin and the Tustin Police Support Services Association, concerning wages, salaries, fringe benefits and conditions of employment 10.b. Approve Memorandum of Understanding for the Tustin Police Officers Association encompassing the time period of April 5, 2004 through December 31,2004. 11. ACCEPTANCE OF EASEMENT DEED AND APPROVAL OF AN AGREEMENT FOR THE INSTALLATION OF FULL DEPTH CONCRETE CROSSING SURFACE WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) FOR THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT - PHASE 1 (APN 430-253-02 AND APN 430-261-12, BNSF) (CIP NO. 7130) Motion: 11.a. Adopt resolution; RESOLUTION NO. 04-16 - A resolution of the City Council of the City of Tustin, California, finding that the acquisition of a portion of Assessor's Parcel Nos. 430-253-02 and 430-261-12 was considered in the final environmental determination for the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project - Phase 1 (CIP No. 7130) and authorizing the City Clerk to accept the Easement Deed 11.b. Authorize the City Clerk to accept the Easement Deed when executed by the Burlington Northern and Santa Fe Railway Company; and 11.c. Approve the Agreement for the Installation of Full Depth Concrete Crossing Surface with the Burlington Northern and Santa Fe Railway Company for the Valencia Avenue crossing in conjunction with the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project - Phase 1 (CIP No. 7130), and authorize the Mayor and City Clerk to execute the document on behalf of the City. 12. AUTHORIZATION FOR THE STATE TO PURCHASE TWO FULL SIZE UTILITY TRUCKS WITH SPECIFIED ACCESSORIES Motion: Adopt resolution. RESOLUTION NO. 04-37 - A resolution of the City Council of the City of Tustin, California authorizing the Department of General Services of the City Council Meeting Minutes April 5, 2004 Page 5 of 7 State of California to purchase certain items REGULAR BUSINESS 13. SUPPORT FOR FEDERAL TRANSPORTATION REAUTHORIZATION This item was placed on the agenda at the request of Mayor Pro Tem Lou Bone to discuss Federal Transportation funds and obtain support for adequately funded six-year reauthorization of the Transportation Equity Act. Motion: Adopt resolution. RESOLUTION NO. 04-35 - A resolution of the City Council of the City of Tustin in support for Federal Transportation Reauthorization It was moved by Councilmember Davert seconded by Councilmember Thomas to adopt resolution. Motion carried 5-0. SECOND PUBLIC INPUT -None. OTHER BUSINESS / COMMITTEE REPORTS Councilmember Davert: . Attended City Youth Track Meet over the weekend, impressed with competition; and . Orange County Vector Control proposing a 400% tax increase, would like to discuss with Council at a future meeting. Councilmember Thomas: . Wished Jewish community a happy Passover and everyone a pleasant Easter. Councilmember Hagen: . Announced Spring Egg Hunt on Saturday, April 10th at 9 a.m.; . Transportation Corridor Agency would be voting Thursday on merging toll roads; and . Lobbied in Washington D.C. on behalf of Orange County Fire Authority, for various issues including funding for an additional hazardous materials vehicle. Mayor Pro Tem Bone: . Welcomed Police Lieutenant Steve Lewis back from sick leave; . Attended a concert by the Tustin Area Council for Fine Arts at the Presbyterian Church, next concert would be held on Sunday May 23rd; . State League of Cities Transportation Communications and Public Works Committee Report - discussed support from Congress for Federal Transportation Reauthorization, the Federal Railroad Administration (FRA) had issued a final rule on the use of horns at railroad crossings, suggested supplemental safety measures included four-quadrant gates, a median barrier; photo enforcement; and way-side horns, gave budget update; City Council Meeting Minutes April 5, 2004 Page 6 of 7 . Water Advisory Committee of Orange County reported year-to-date rain levels were 8.1 inches, City was using 259 acre feet more water than last year; . Requested staff provide Council with a presentation on how housing, job, and population statistics are attained; . Announced Councilmember Doug Davert recently became a member of Southern California Association of Governments' Community Economic and Human Development (CEHD) Policy Committee. Mayor Kawashima: . Announced Spring Egg Hunt on Saturday, April 10 at 9:00a.m.; and . Orange County Sanitation District update - Ground Water replenishment project would hopefully be completed by 2007. ADJOURNMENT - 7:24 p.m. - The next regular meeting of the City Council was scheduled for Monday, April 19, 2004, at 7:00 p.m. in the Council Chamber at 300 Centennial Way, Tustin. City Council Meeting Minutes April 5, 2004 Page 7 of 7