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Home My WebLink About04 CC MINUTES 2006 03 06 03-20-07 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA MARCH 6, 2007 Agenda Item Reviewed: City Manager Finance Director 4 JJA N/A CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Absent: City Clerk: Others Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers Doug Davert and Jim Palmer Councilmember Tony Kawashima Maria R. Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Douglas C. Holland, City Attorney PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION pursuant to Government Code Section 54956.9 - ME RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 6:57 p.m. City Council reconvened in public session. PUBLIC MEETING CALL TO ORDER - 7:00 p.m. INVOCATION - Khoi Phan, St. Cecilia's Church COLORS PRESENTATION AND PLEDGE OF ALLEGIANCE - Boys Scout Troop 235 NATIONAL ANTHEM - Devon Culnane, Miss Tustin 2007, 1st Runner-up City Council Meeting Minutes March 6, 2007 Page 1 of 10 INTRODUCTIONS - Miss Tustin and her Court Miss Tustin 2007 - Coreena Coleman 1st Runner-up - Devon Culnane 2nd Runner-up - Nicole Ling 3rd Runner-up - Danielle Evans ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers Doug Davert and Jim Palmer Councilmember Tony Kawashima Pamela Stoker William A. Huston, City Manager and Douglas C. Holland, City Attorney Absent: City Clerk: Others Present: CLOSED SESSION REPORT - Nothing to report. PRESENTATION · Certificate of Recognition presented by Mayor Bone to David Allen Ferreira, Jr.; James Allen Pace; and Nicholas David Surdyka in recognition of their attainment of the Eagle Scout designation FIRST PUBLIC INPUT/COMMENTS - None CONSENT CALENDAR - Items pulled 3, 4 and 12. It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to approve items 1, 2, and 5 through 11, and 13. Motion carried 4-0 (Kawashima absent). 1. APPROVAL OF MINUTES - REGULAR MEETING OF FEBRUARY 20,2007 Motion: Approve the Regular City Council Meeting Minutes of February 20, 2007. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $1,314,775.77 and $604,829.04; Reversals in the amount of $1,891.47; and Payroll in the amount of $609,912.47. City Council Meeting Minutes March 6, 2007 Page 2 of 10 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Councilmember Davert requested that item #2 be removed from Planning Commission Action Agenda and brought back to Council for re-consideration. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, -to ratify the Planning Commission Action Agenda of February 26, 2007. Motion carried 4-0 (Kawashima absent). Mayor Pro Tem Amante commented on state mandated housing affordability issues Motion: 4.a. It was moved' by Mayor Pro Tem Amante, seconded by Councilmember Davert, to adopt resolution; and RESOLUTION NO. 07-21 - A resolution of the Tustin City Council authorizing the City Manager to apply for Workforce Housing Reward Program Funds from the California Department of Housing and Community Development for construction of very low and low-income housing units 4.b. If the application for funding is approved, the City may use the funds for eligible activities under the grant program and it is recommended that said funds be programmed for the Tustin Library Project. Motion carried 4-0 (Kawashima absent). 5. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Each year the City Council is requested to authorize the use of the City's Assembly Bill (AB) 2766 funds to offset costs for state mandated vehicle emission programs implemented by the City of Tustin. This year the City Council is being requested to allocate the Fiscal Year (FY) 2006/2007 AB 2766 funds to the Tustin Ranch Road/Park Avenue Traffic Signalization Project. Motion: City Council Meeting Minutes March 6, 2007 Page 3 of 10 5.a. Authorize the use of City AB 2766 funds for the Tustin Ranch Road/Park Avenue Traffic Signalization Project; and 5.b. Authorize the City Manager to approve additional AB 2766 expenditures, consistent with Air Quality Management District guidance, throughout the 2006/2007 program year as needed. 6. SALARY RESOLUTION FOR PART-TIME EMPLOYEES Motion: Adopt resolution. RESOLUTION NO. 07-25 - A resolution of the City Council of the City of Tustin relating to salary for unrepresented part-time employee classifications 7. SALARY AND BENEFITS RESOLUTION FOR CONFIDENTIAL EMPLOYEES Motion: Adopt resolution. RESOLUTION NO. 07-24 - A resolution of the City Council of the City of Tustin relating to compensation and benefits for confidential unrepresented employees, and superseding Resolution No. 06-05 8. SALARY AND BENEFITS RESOLUTION FOR SUPERVISORY EMPLOYEES Motion: Adopt resolution. RESOLUTION NO. 07-23 - A resolution of the City Council of the City of Tustin relating to compensation and benefits for unrepresented supervisory employees and superseding Resolution No. 06-20 9. SALARY AND BENEFITS RESOLUTION FOR EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES Motion: Adopt resolution. RESOLUTION NO. 07-22 - A resolution of the City Council of the City of Tustin relating to compensation and benefits for unrepresented executive management and management employees, and superseding Resolution No. 06-19 City Council Meeting Minutes March 6, 2007 Page 4 of 10 10. AWARD OF CONTRACT FOR CONSTRUCTION OF THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY 2006-2007 (CIP NO. 7001) AND THE ANNUAL SIDEWALK REPAIR PROJECT, FY 2006-2007 (PROJECT NO. 402-6235) Bids for the combined Annual Major Pavement Maintenance Project, FY 2006-2007 (CIP No. 7001) and the Annual Sidewalk Repair Project, FY 2006- 2007 (Project No. 402-6235) have been received and a construction contract is ready to be awarded. Motion: Award the construction contract for the Annual Major Pavement Maintenance Project, FY 2006-2007 (CIP No. 7001) and the Annual Sidewalk Repair Project, FY 2006-2007 (Project No. 402-6235) to All American Asphalt, the lowest responsible and responsive bidder in the amount of $593,062.28, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 11. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE BUILDINGS DEMOLITION FOR FUTURE NEW TUSTIN LIBRARY (CIP NO.1 045) Motion: 11.a. Adopt resolution; RESOLUTION NO. 07-20 - A resolution of the City Council of the City of Tustin, California, accepting the works of improvement and authorizing the recordation of the notice of completion for the buildings demolition for future new Tustin Library (CIP No.1 045) 11.b. Direct the City Clerk to: 1. Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion; and 2. Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and 11.c. Assuming no claims or stop payment notices are filed, it is further recommended that thirty-five (35) days after the date of recordation of the Notice of Completion, the City Council authorize payment of the final 100/0 retention in the amount of $19,859.02 to Vizion's West, Inc. The total final construction contract cost for the project is $198,590.20. City Council Meeting Minutes March 6, 2007 Page 5 of 10 Mayor Pro Tem Amante suggested that portal entry design be reflective of quality architecture being proposed throughout Project and conceal the temporary campus structure Motion: It was moved by Mayor Pro Tem Amante, seconded by CouncilmemberDavert, to award the construction contract for the Tustin Legacy Portal Entry at Red Hill Avenue and Valencia Avenue (CIP No.1 046) to Jeff Tracy, Inc. dba Land Forms Landscape Construction, Inc., the lowest responsible and responsive bidder in the amount of $466,946.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. Motion carried 4-0 (Kawashima absent). 13. AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH JACOBS CIVIL, INC. FOR ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES FOR THE NEWPORT AVENUE EXTENSION/SR-55 RAMP RECONFIGURATION PROJECT (CIP NO. 7130), AND THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT Motion: Approve Amendment No. 2 to the Consultant Services Agreement with Jacobs Civil, Inc. (Jacobs) to provide additional Construction Management Services for the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and the Edinger Avenue (Smart Street) Widening Project (CIP No. 7147 in the City of Tustin and CIP No. 2585 in the City of Santa Ana) and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. REGULAR BUSINESS 14. DESIGN REVIEW 06-013 - PASADENA AVENUE WELL SITE Design Review 06-013 is a City of Tustin Water Services Division project that involves the construction of a 1 ,450 square foot structure to enclose a water well, with a paved service yard and surrounded by landscaped grounds. Staff presentation by Elizabeth Binsack, Director of Community Development The following residents addressed the Council: . James Poissant spoke on selection of greenery and landscaping at well . Kelly Poissant suggested that location of gate entrance be moved to north Council discussion ensued. Director of Public Works, Tim Serlet indicated that rolling gates are more agreeable to overall design of water works facility. City Council Meeting Minutes March 6, 2007 Page 6 of 10 Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to work with residents on landscape pallet and adopt resolution. RESOLUTION NO. 07-18 - A resolution of the City Council of the City of Tustin approving Design Review 06-013 for the Pasadena Avenue Well Site Project Motion carried 4-0 (Kawashima absent). 15. RESOLUTION OF SUPPORT FOR GROUNDWATER REPLENISHMENT SYSTEM BY ORANGE COUNTY WATER AND ORANGE COUNTY SANITATION DISTRICTS This item has been placed on the agenda at the request of Councilmember Doug Davert who wishes to receive support for the Groundwater Replenishment System and efforts by the Orange County Water District and Orange County Sanitation District to identify and develop alternative sources for safe, reliable water supplies for Orange County's future. Motion: It was moved by Councilmember Davert, seconded by Councilmember Palmer, to ado'pt resolution. RESOLUTION NO. 07-26 - A resolution of the City Council of the City of Tustin, California, supports the Groundwater Replenishment System and the efforts of the Orange County Water District and Orange County Sanitation District to identify and develop alternative sources for safe, reliable water supplies for Orange County's future Motion carried 4-0 (Kawashima absent). 16. ORDINANCE FIRST READING - REGULATION OF PERMANENT COSMETIC FACILITIES The City of Tustin requires a permit issued by the Community Development Director for permanent cosmetics businesses; however, the City Code does not currently enable the regulation or inspection of these permanent cosmetics facilities and therefore the Orange County Health Department is unable to perform inspections. Adoption of proposed Ordinance No. 1324 will allow the Orange County Health Department to inspect and monitor permanent cosmetics facilities within the City. Motion: It was moved byCouncilmember Davert, seconded by Mayor Pro Tem Amante, to introduce and have first reading of Ordinance No. 1324 and set for second reading at the Council's next scheduled meeting. City Council Meeting Minutes March 6, 2007 Page 7 of 10 ORDINANCE NO. 1324 - An ordinance of the City Council of the City of Tustin, adding Part 4 to Chapter 1 of Article 4 of the Tustin City Code to regulate the inspection of permanent cosmetics facilities by the Orange County Health Department; amending Part 4 of Chapter 1 of Article 3 to remove the definition of body piercing and tattooing; and amending Part 5 of Chapter 6 of Article 3 to remove all references to body piercing and tattooing Motion carried 4-0 (Kawashima absent). 17. ORDINANCE SECOND READING COMMISSIONS AND COMMITTEES REALIGNMENT OF CITY Councilmember Davert noted that design guidelines will not be compromised as the Planning Commission is taking on those responsibilities and an ordinance brought to council for consideration. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to have second reading by title only and adoption of Ordinance No. 1331 (roll call vote). ORDINANCE NO. 1331 - An ordinance of the City of Tustin, California, amending Sections 1513, 1539, and 1553 and repealing Section 1561 of the Tustin City Code relating to terms of office of city boards and commissions Motion carried 4-0 (Kawashima absent). 18. CITY COUNCIL - LEGISLATIVE REPORTS Mayor Pro Tem Amante requested that the following proposed Bills be brought to Council for consideration: · Legislation by Assemblymember Todd Spitzer regarding the outsourcing of DNA to include in database · Legislation by Senator Lou Correa regarding Proposition 13 that would stop independent property taxes imposed by developers when property is transferred/sold SECOND PUBLIC INPUT/COMMENTS . Billy C. Hall announced that American Legion will be holding a flag disposal ceremony at Peppertree Park on March 16, 2007 at 10 a.m. and invited residents to drop off US flags at the following designated locations: Police Station, Main Post Office in Tustin, Senior Center, Tustin Library, and Chamber of Commerce. . David Steed, dissatisfied with the City's decision to tear-down hangar at MCAS Tustin City Council Meeting Minutes March 6, 2007 Page 8 of 10 Base. OTHER BUSINESS AND COMMITTEE REPORTS Councilmember Palmer: . Reported that County Librarian John Adams is retiring and congratulated him; . Met with Boys and Girls Club to discuss innovative ways to partner with City and Tustin Unified School District; . Attended Orange County Fire Authority orientation with Councilmember Davert; . Reminded everyone Daylight Savings Time to begin on Sunday; . Chipotle restaurant had grand opening and has been successful; . Congratulated Police Chief and department on arrest of Jason Russell Richardson; . Janet Gonzalez, Beckman High School recipient of Apple of Gold Award; . DCH Tustin Acura earned Acura Precision Team Award for 2006; . Linda Levin, teacher at Tustin High School named Educator of the Year by California League of High Schools; . Congratulated Wilfred Taylor who celebrated 100th birthday recently; . TWCC Dollars for Scholars elected new President, Linda Hernandez; . Congratulated Benny Tenkean's promotion to Principal Engineer in Public Works; and . Welcomed new President of Disney Resort, Ed Greer and family to Tustin. Councilmember Davert: . Was present at Jason Richardson's arraignment and congratulated Chief on capture; . Went on ride-along with Tustin Police Department; . Spent day with Battalion Chief Rob Patterson of Orange County Fire Authority, reviewed service of Tustin, OCFA contract renewal discussions in near future; . Next week would begin evaluations of solid waste proposals; and . Commented on Council's decision to reject proposals for base hangar. Mayor Pro Tem Amante: . Thanked Chief Jordan and officers of the Tustin Police Department that arrested Jason Richardson; . Many letters and e-mails received on base hangars and appreciated sentiments; . Attended Orange County Transportation Authority Measure M workshop on implementation of Measure M funds; . Transportation Corridor Agency discussed financial options, lawsuits, and contracts with lobbyists; and . Congratulated all Miss Tustin contestants and winners. Mayor Bone: . Thanked Police Chief Scott Jordan and police department for great efforts; . Report on Metrolink - cargo trains will travel from San Diego through Tustin en route to Los Angeles during the night hours; . Announced Orange County League of Cities new Executive Director Lacy Kelly; and . Commission re-appointments to be agendized for future meeting. City Council Meeting Minutes March 6, 2007 Page 9 of 10 ADJOURNMENT - 8:10p.m. - The next regular meeting of the City Council is scheduled for Tuesday, March 20, 2007, at 5:30 p.m. for Closed Session and 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting Minutes March 6, 2007 Page 10 of 10