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Home My WebLink About03 MINUTES 07-19-04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA Agenda Item Reviewed: City Manager #- Finance Director N/A 3 JULY 6, 2004 CLOSED SESSION CALL TO ORDER-5:30 P.M. ATTENDANCE Present: Absent: City Clerk: Others 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 William A. Huston, City Manager and Lois Jeffrey, City Attorney PUBLIC INPUT - None CLOSED SESSION ITEM A. CONFERENCE WITH REAL PROPERTY Government Code Section 54956.8 NEGOTIATOR pursuant to Property: Property is Reuse Plan Disposal Parcels 10, 11, and 12; portion of Parcel I-D-4, Tustin Legacy City Neqotiators: Christine Shingleton, Assistant City Manager and Amy Freilich, Special Legal Counsel Neqotiator for Vestar Development II. LLC: Richard Kuhle Under Neqotiation: Price and Terms of Payment B. CONFERENCE WITH REAL PROPERTY Government Code Section 54956.8 NEGOTIATOR pursuant to Property: Property defined within the Master Developer footprint at Tustin Legacy (the former Marine Corps Air Station Tustin) including Reuse Plan Disposal Parcels 4,5,6,7,8, 13, 14, 15, 16, 17,25,26,27,28,29,30,31 and portions of Reuse Plan Disposal Parcel 40 . City Council Meeting Minutes July 6, 2004 Page 1 of 7 City Neqotiators: Christine Shingleton, Assistant City Manager and Amy Freilich, Special Legal Counsel NeQotiator for Tustin Leqacy Community Partners: Lindquist, and Richard Douglass Jack R. Godard, Susan Under Neqotiation: Price and Terms of Payment C. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION pursuant to Government Code Section 54956.9(a} regarding City of Tustin vs. Carolyn De Nicola (OCSC No. 03 CC 1I079). PUBLIC MEETING CALL TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE - Councilmember Thomas INVOCATION - Mayor Pro Tem Bone ROLL CALL Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Council members Tracy Worley Hagen, Doug Davert, and Jeffery M. Thomas None Pamela Stoker William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: PROCLAMATION . 15th Anniversary of the Tustin Area Senior Center accepted by the Tustin Area Senior Center Advisory Committee PRESENTATION . Citywide Blood Drive by Vanessa Arizaga CLOSED SESSION REPORT - Lois Jeffrey, City Attorney reported a settlement was reached in City of Tustin vs. Carolyn De Nicola. City Council Meeting Minutes July 6, 2004 Page 2 of 7 FIRST PUBLIC INPUT - None CONSENT CALENDAR It was moved by Councilmember Thomas, seconded by Councilmember Hagen, to approve Consent Calendar items 1 through 7 as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - REGULAR MEETING OF JUNE 21,2004 Motion: Approve the Regular City Council Meeting Minutes of June 21, 2004. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amount of $2,832,152.09 and $1,063,215.34; reversals in the amount of $687.40; and ratify payroll in the amount of $486,677.01 3. PLANNING COMMISSION ACTION AGENDA - JUNE 28, 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 June 28, 2004. 4. DESTRUCTION OF RECORDS - CITY CLERK'S OFFICE Motion: Adopt resolution. RESOLUTION NO. 04-63 - A resolution of the City Council of the City of Tustin, California, authorizing the destruction of certain City records and papers in the possession of the City Clerk of the City of Tustin no longer required for the conduct of City business, pursuant to the authority granted by the City of Tustin's Records Retention Schedule 5. APPROVAL OF AN ANNEXATION PROPERTY TAX PASS-THROUGH AGREEMENT WITH THE ORANGE COUNTY FIRE AUTHORITY Motion: Approve an Annexation Tax Pass-Through agreement with the Orange County Fire Authority effective July 1,2004. 6. LOT LINE ADJUSTMENT NO. 04-02: 14071-14081 NEWPORT AVENUE (TUSTIN FREEWAY CENTER - PHASE II) Motion: Adopt resolution. RESOLUTION NO. 04-59 - A resolution of the City Council of the City of Tustin, California, approving Lot Line Adjustment No. 04-02 City Council Meeting Minutes July 6, 2004 Page 3 of 7 7. SURPLUS EQUIPMENT DONATION Motion: Receive and file. BUSINESS CALENDAR 8. APPROPRIATING FUNDS FOR VARIOUS CITY BUDGETS FOR FISCAL YEAR 2004/2005 Appropriating the City's Governmental Funds of $54,347,571; Special Revenue Funds, $23,559,375; Water Enterprise Funds, $16,241,480; Tustin Legacy Enterprise Fund, $1,208,452; and the City's FY 2004/2005 Classification/Compensation Plan. City Manager Huston reported that ACA9 (Assembly Constitutional Amendment) proposal was held up by the legislature on Friday, July 1, but discussions would continue this week; Proposition 65 would be on the ballot in November for consideration by the voters; reserve funds were available to cover any anticipated losses for this year and next; and recommended passage of Fiscal Year Budget 2004/2005 Motion: It was moved by Mayor Pro Tem Bone, seconded by Councilmember Thomas, to adopt resolution. RESOLUTION NO. 04-61 - A resolution of the City Council of the City of Tustin, California, adopting the City Budget and appropriating from the anticipated revenues of the City for the Fiscal Year 2004/2005 Motion carried 5-0. 9. APPROPRIATION LIMIT FOR FISCAL YEAR 2004/2005 Motion: It was moved by Councilmember Thomas, seconded by Councilmember Davert, to approve Item 9 as recommended by staff. 9.a. Select the change in the California per Capita Personal Income as the price factor for adjusting the 2004/2005 appropriation limit, and 9.b. Adopt Resolution No. 04-62 setting the appropriation limit for Fiscal Year 2004/2005 at $49,301 ,686 RESOLUTION NO. 04-62 - A resolution of the City Council of the City of Tustin, California, determining and adopting an appropriation limit for the Fiscal Year 2004-2005 in accordance with Article XIIIB of the Constitution of the State of California, and Section 7910 of the Government Code Motion carried 5-0. City Council Meeting Minutes July 6, 2004 Page 4 of 7 10. 11. 12. 13. FEE WAIVER - TUSTIN PUBLIC SCHOOL FOUNDATION FOR THE 2004 DINOSAUR DASH Motion: It was moved by Councilmember Thomas, seconded by Councilmember Davert, to grant a fee waiver of staff costs and equipment of $7,400 and issue a permit for the 2004 Dinosaur Dash. Motion carried 5-0. FEE WAIVER - AMERICAN CANCER SOCIETY FOR THE RELAY FOR LIFE Bill Hammerle spoke on the issue and stated the Tustin Public School Foundation would be covering the cost of the event. Motion: Item tabled. ASSESSMENT BALLOT FOR MOSQUITO, FIRE ANT & DISEASE CONTROL ASSESSMENT DISTRICT BY THE ORANGE COUNTY VECTOR CONTROL DISTRICT Council member Davert commented that the proposed fee increase would equal a 300% tax increase. Motion: It was moved by Councilmember Davert, seconded by Councilmember Thomas, to vote "no" and direct City Manager to complete, sign and return ballots to the Vector Control. Motion carried 5-0. AMBULANCE CONTRACT Michael Dimas, President of Medix Ambulance Service, Inc., stated that they are a locally owned and family-operated business, works exclusively with the Orange County Fire Authority, and received the highest rating by the Orange County Fire Authority Professional Grading Panel review process. Kay Kearney, Director of Business Development for Doctor's Ambulance Service, Inc., reported that they have been serving the City for 30 years with no service complaints, response time is 98%, they support community events, provide CPR training to Senior Center, and own a dedicated radio frequency to better service the community. Councilmember Davert noted that the City has received quality service by current provider, has a proven track record, and did not feel compelled to change. The Council concurred with Council member Davert's comments. City Council Meeting Minutes July 6, 2004 Page 5 of 7 Motion: It was moved by Councilmember Davert, seconded by Councilmember Thomas, to select Doctor's Ambulance Service, Inc. as provider for a five-year term ending in September of 2009 with option of a five-year extension. Motion carried 5-0. SECOND PUBLIC INPUT - None City Attorney Jeffrey: . Corrected the record on Closed Session Report and stated that Council voted 5-0 to approve the settlement. Councilmember Davert: . Received annual Measure M progress report from Orange County Transportation Authority which spoke about continuing the Y2 cent sales tax beyond expiration date; . Thanked Tustin Meadows Homeowners Association for July 3rd parade; . Thanked the Parks & Recreation Department for fantastic 4th of July Fireworks show; and . Announced that the Tustin High School Orchestra has been invited to play at Carnegie Hall in March and need to raise $50,000 before Christmas; encouraged all to be generous in their fund raising efforts. Councilmember Thomas: . Offered regrets to Tustin Meadows for missing the parade on July 3rd. Councilmember Hagen: . Suggested that Tustin High School Orchestra have fundraising opportunity at Tustin Tiller Days; . Concerts at the Park on Wednesdays were great, invited everyone to attend; and . Enjoyed the Tustin Meadows Parade, which was well attended. Mayor Pro T em Bone: . 4th of July fireworks show was great; thanked the Parks & Recreation Department; . Tustin Meadows did a great job with parade, tot lot now opened and would be completed by August 1 st; . Along with Parks & Recreation Director, was invited by Lake Forest City Council to view their 38,000 square foot, state-of-the art skateboard park; . Thanked Chief of Police for supplying him with information on motor scooter operating laws; and . Thanked City Manager, Lennar Homes, Vestar Development, Centex-Shea, Chamber of Commerce, Tate & Associates, Assemblyman John Campbell and Senator Dick Ackerman for their efforts in Sacramento on behalf of cities. Mayor Kawashima: . Thanked Tustin Meadows for invitation to parade; and . Commented that Tustin community events are well attended. City Council Meeting Minutes July 6, 2004 Page 6 of 7 ADJOURNMENT - 7:55 P.M. - The next regular meeting of the City Council was scheduled for Monday, July 19, 2004, at 7:00 p.m. in the Council Chamber at 300 Centennial Way, Tustin. TONY KAWASHIMA, Mayor PAMELA STOKER, City Clerk City Council Meeting Minutes July 6, 2004 Page 7 of 7