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Home My WebLink About00 CC AGENDA 05-15-07 CITY OF TUSTIN MAY 15, 2007 COUNCIL CHAMBER REGULAR MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN Jerry Amante, Mayor Pro Tem William A. Huston, City Manager Doug Davert, Councilmember Douglas Holland, City Attorney Tony Kawashima, Councilmember Lou Bone, Mayor Pamela Stoker, City Clerk Jim Palmer, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 p.m. The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The following items were received for the May 15, 2007 meeting of the City Council. (Agenda Items A thru C) CALL TO ORDER PUBLIC INPUT – Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 (b) – 2 Cases B. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF LITIGATION pursuant to Government Code Section 54956.9 (c) – 2 Cases C. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Kristi Recchia, Director of Human Resources and Linda Jenson Employee Organization: Tustin Police Officers Association (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Tustin Police Management Association (TPMA) City Council Meeting May 15, 2007 Agenda Page 1 of 6 PUBLIC MEETING 7:00 p.m. CALL TO ORDER INVOCATION – Khoi Phan, St. Cecilia’s Church PLEDGE OF ALLEGIANCE – Mayor Pro Tem Amante ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney PRESENTATIONS ? Certificates of Recognition presented by Mayor Bone to Tyler Albertson*, Riley Ben Holland, Curt Lockhart Hales*, , Tyler Robinson*, and Stephen Michael Tjan in attainment of the Eagle Scout designation ? Presentation by Alan Murphy of John Wayne Airport regarding Airport Expansion Project ? Presentation by Karen Roper, Executive Director of the Orange County Office on Aging FIRST PUBLIC INPUT - At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the City Clerk. (Agenda Items 1 through 8) 1. APPROVAL OF MINUTES – REGULAR AND SPECIAL MEETINGS OF MAY 1 AND MAY 7, 2007 Recommendation: Approve the Minutes of the Regular and Special City Council Meetings held May 1, 2007 and May 7, 2007. City Council Meeting May 15, 2007 Agenda Page 2 of 6 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $1,559,155.38 and $601,658.48; and Payroll in the amount of $682,491.94. 3. PLANNING ACTION AGENDA - MAY 8, 2007 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 May 8, 2007. 4. CONSIDERATION OF CLAIM OF MARILYN ELLIS, CLAIM NO. 07-09 Recommendation: Deny Claim Number 07-09, Marilyn Ellis, and direct Staff to send notice thereof to the Claimant. 5. CONSIDERATION OF CLAIM OF ROBERT ELLIS, CLAIM NO. 07-10 Recommendation: Deny Claim Number 07-10, Robert Ellis, and direct Staff to send notice thereof to the Claimant. 6. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) Construction of the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP No. 7118) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendations: 6.a. Adopt resolution, and direct the City Clerk to: RESOLUTION NO. 07-02 - 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 construction of the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP No. 7118) 1. Release the Labor and Materials Bond not sooner than thirty-five City Council Meeting May 15, 2007 Agenda Page 3 of 6 (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 6.b. 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 retention in the amount of $85,141.50 to Sequel Contractors, Inc. The total final construction contract cost for the project is $3,971,012.00. 7. APPROVAL OF AMENDMENT NO. 12 TO COOPERATIVE AGREEMENT NO. C-95-993 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROJECTS FUNDED BY MEASURE M Recommendation: Approve Amendment No. 12 to Cooperative Agreement No. C-95-993 with the OCTA, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 8. AGREEMENT WITH ATS COMMUNICATIONS TO PREPARE CITYWIDE CELLULAR WIRELESS TELECOMMUNICATIONS MASTER PLAN The City Council previously authorized retaining ATS Communications to identify potential cell towers on City-owned sites and to negotiate leases on behalf of the City for sites approved by the City Council. Once the technical analysis of cell coverage and potential new sites is completed, the City Council will review the results and provide direction concerning lease sites. Recommendation: Authorize the City Manager to execute the attached agreement with ATS Communications subject to non-substantive modifications to the agreement as approved by the City Manager and City Attorney. City Council Meeting May 15, 2007 Agenda Page 4 of 6 REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 9 and 11) 9. SET DATE FOR FISCAL YEAR 2007-08 BUDGET WORKSHOP Staff is requesting that the City Council schedule a Budget Workshop for Fiscal Year 2007-08. The draft budget will be submitted to the City Council prior to the budget workshop. Recommendation: Pleasure of the City Council. PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Redevelopment Agency related to land use or fees. (Agenda Item 10) 10. CONTINUED PUBLIC HEARING ITEM: MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE 07-001) MCAS Tustin Specific Plan Amendment (Zone Change 07-001) is proposed by Tustin Legacy Community Partners, LLC. If approved, Zone Change 07- 001 would allow tandem parking in residential developments and compact spaces in non-residential developments and would specify their required dimensions. Zone Change 07-001 would not increase the overall development potential or residential capacity currently allowed by the MCAS Tustin Specific Plan. On March 27, 2007, the Planning Commission recommended that the City Council approve Zone Change 07-001. On April 3 and April 17, 2007, the City Council considered Zone Change 07-001 and continued the item to allow staff to address on-street parking issues brought forward during the public hearing. Applicant: Tustin Legacy Community Partners, LLC. (TLCP) Recommendation: Re-introduce and have first reading by title only of Ordinance No. 1335 approving Zone Change 07-001 and set for second reading at the Council's next scheduled meeting. City Council Meeting May 15, 2007 Agenda Page 5 of 6 ORDINANCE NO. 1335 - An ordinance of the City Council of the City of Tustin, adopting MCAS Tustin Specific Plan Amendment (Zone Change 07-001) to amend various sections of the MCAS Tustin Specific Plan 11. CITY COUNCIL – LEGISLATIVE REPORTS The following legislative items will be discussed by the City Council. ? SB1016 (Wiggins) regarding legislation that would require biennial rather than annual solid waste diversion reports to the California Integrated Waste Management Board (CIWMB); and ? SB1020 (Padilla) regarding legislation increase the waste diversion requirements from 50% to 75% by January 1, 2012. Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT - At this time, any member of the public may address the City Council on non-agenda items, within the jurisdiction of the City Council. OTHER BUSINESS AND COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting of the City Council is scheduled for Tuesday, June 5, 2007 in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting May 15, 2007 Agenda Page 6 of 6