HomeMy WebLinkAbout00 AGENDA 01-03-05
CITY OF TUSTIN
REGULAR MEETING OFTHE
CITY COUNCIL
Doug Davert, Mayor Pro Tem
Jerry Amante, Councilmember
Tracy Worley Hagen, Councilmember
Tony Kawashima, Councilmember
JANUARY 3, 2005
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
Lou Bone, Mayor
William A. Huston, City Manager
Lois Jeffrey, City Attorney
Pamela Stoker, City Clerk
George Jeffries, City Treasurer
CLOSED SESSION
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 January 3, 2005
meeting of the City Council: (Agenda Items A, B, and C)
CALL TO ORDER
ROLL CALL
PUBLIC INPUT - Member of the public may address the City Council on items on the Closed
Session Agenda.
CLOSED SESSION ITEMS
A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
A1. Agency Negotiator:
Employee Organization:
A2. Agency Negotiator:
Employee Organization:
A3. Agency Negotiator:
Employee Organization:
AA. Agency Negotiator:
Employee Organization:
A5. Agency Negotiator:
Employee Organization:
Arlene Marks Gibbs, Director of Human
Resources
Tustin Police Officers Association (TPOA)
Arlene Marks Gibbs, Director of Human
Resources
Tustin Police Support Service Association
(TPSSA)
Arlene Marks Gibbs, Director of Human
Resources
Tustin Police Management Association (TPMA)
Arlene Marks Gibbs, Director of Human
Resources
Management
William Huston, City Manager
Executive Management
City Council Meeting
Agenda
January 3, 2005
Page 1 of 8
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8
Under Negotiation:
Property: Parcels 10 and 11 at former MCAS,
Tustin
Assistant City Manager Christine Shingleton, Rick
Kuhl (Vestar/Kimco) , and Amy Freilich
Price and Terms of Payment
Property:
Negotiators:
C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to
Government Code Section 54956.9 subdivision (a) and (b) to confer with the City
Attorney regarding: (a) Garcia vs. City of Tustin, GO31995 (on appeal); and (b) the
Amended Claim of the City of Huntington Beach.
PUBLIC MEETING
7:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE - Tustin Memorial Academy Pack 142
CLOSED SESSION REPORT
FIRST PUBLIC INPUT
CONSENT CALENDAR
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 22)
1. APPROVAL OF MINUTES - SPECIAL AND REGULAR MEETINGS OF
DECEMBER 6, 2004
Recommendation: Approve the Special and Regular City Council Meeting Minutes
of December 6, 2004.
City Council Meeting
Agenda
January 3, 2005
Page 2 of 8
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amounts of $500.00; $1,408,689.34;
$595,737.56; $1,815,447.33; and $561,667.57; immediate pay in the amount of
$1,403.86; and Payroll in the amount of $480,912.61 and $493,639.68
3. ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY
Recommendations:
3.a. Continue delegation of Investment Policy to G. W. Jeffries ad Associates; and
3.b. Adopt the City of Tustin Investment Policy for calendar year 2005 with the
noted change, as recommended by the City Treasurer.
4. REAPPOINTMENT OF GEORGE W. JEFFRIES AS CITY TREASURER AND
RENEWAL OF AGREEMENT BETWEEN THE CITY OF TUSTIN AND GEORGE
W. JEFFRIES AND ASSOCIATES, INC.
Recommendations:
4.a. Adopt resolution; and
RESOLUTION NO. 05-03 - A resolution of the City Council of the City of
Tustin, California, reappointing George W. Jeffries as City Treasurer for
Calendar Year 2005
4.b. Execute Amendment No.7 to the Agreement for the Services of George W.
Jeffries.
5. CLAIM OF JONATHAN FIX, 04-31
Recommendation: After investigation and review by the City Attorney's Office and
the City's Claims Administrator, it is recommended that the Council deny the
application for Permission to Present a Late Claim and direct the City Clerk to
send notice thereof to the claimant and to the claimant's attorneys.
6. CONSIDERATION OF CLAIM OF SOUTHERN CALIFORNIA EDISON, CLAIM NO.
04-26
Recommendation: After investigation and review by City Staff 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.
City Council Meeting
Agenda
January 3, 2005
Page 3 of 8
7. PLANNING ACTION AGENDA - DECEMBER 13, 2004
All actions of the Planning Commission become final unless appealed by the City
Councilor member of the public.
Recommendation: Ratify the Planning Commission Action Agenda of December 13,
2004.
8. FINAL TRACT MAP 16506
Final Tract Map 16506 is a request to subdivide a 3.23 acre parcel into a
condominium tract to accommodate a sixty-three (63) unit condominium complex.
On November 10, 2003 the Planning Commission recommended that the City
Council approve Tentative Tract Map 16506 and on December 1, 2003 the City
Council approved Tentative Tract Map 16506 by adopting Resolution 03-132. All
conditions have been fulfilled and the final map may be approved and recorded.
(Owner/Applicant: Olson Company)
Recommendation: Adopt resolution.
RESOLUTION NO. 05-04 - A resolution of the City Council of the City of
Tustin approving Final Tract Map 16506 to subdivide an existing 3.23 acre
parcel located at 14552 Newport Avenue into one (1) numbered lot for the
purpose of developing sixty-three (63) condominium ownership units
9. AGREEMENT WITH ACEPEX MANAGEMENT CORPORATION TO PROVIDE
CONTINUED CARETAKER SERVICES AT TUSTIN LEGACY
Recommendation: Authorize the City Manager or Assistant City Manager to
terminate the existing Caretaker Agreement with JHTM and Associates and execute
a Caretaker/Property Management Consultant Services Agreement between
ACEPEX Management Corporation and the City of Tustin to provide continued
caretaker services at Tustin Legacy, subject to final contract review by the City
Attorney.
10. TIME LIMIT EXTENSION FOR INITIATION OF HOUSING ACTIVITIES FOR
PROPERTY ACQUIRED BY AGENCY
Recommendation: Adopt resolution.
RESOLUTION NO. 05-06 - A resolution of the City Council of the City of
Tustin, California, extending the time limit for initiation of Affordable Housing
Activities for properties acquired by the Agency using Low and Moderate
Income Housing Funds
City Council Meeting
Agenda
January 3, 2005
Page4 of 8
11. APPROVAL OF THE TUSTIN LEGACY RUNOFF MANAGEMENT PLAN (RMP) (CIP
NO. 5025)
Recommendation: Approve the Final Tustin Legacy Runoff Management Plan, dated
December 2004, and direct staff to forward notification of this approval to the Orange
County Flood Control District.
12. APPROVAL OF ADMINISTERING AGENCY - STATE MASTER AGREEMENT NO.
000270 AND AUTHORIZATION FOR DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO SIGN CAL TRANS DOCUMENTS FOR STATE FUNDED
TRANSPORTATION PROJECTS
Recommendation: Adopt resolutions.
RESOLUTION NO. 05-01 - A resolution of the City Council of the City of Tustin,
California approving Administering Agency-State Master Agreement No.
000270
RESOLUTION NO. 05-02 - A resolution of the City Council of the City of Tustin,
California authorizing the Director of Public Works/City Engineer to sign
documents required by Caltrans - Office of Local Assistance for state funded
transportation improvement projects
13. TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION MEMORANDUM OF
UNDERSTANDING
Recommendations:
13.a. Adopt resolution; and
RESOLUTION NO. 05-09 - 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 between the City of
Tustin and the Tustin Municipal Employees Association, concerning wages,
salaries, fringe benefits and conditions of employment
13.b. Approve Memorandum of Understanding for the Tustin Municipal Employees
Association encompassing the time period of January 1, 2005 through December
31,2005.
14. RESOLUTION RELATING TO SALARY AND BENEFITS OF CONFIDENTIAL
UNREPRESENTED EMPLOYEES
Recommendation: Adopt resolution.
RESOLUTION NO. 05-10 - A resolution of the City Council of the City of Tustin
relating to compensation and benefits for Confidential Unrepresented Employees,
and superseding Resolution No. 04-20
City Council Meeting
Agenda
January 3, 2005
Page 5 of 8
15. RESOLUTION RELATING TO SALARY AND BENEFITS OF SUPERVISORY
EMPLOYEES
Recommendation: Adopt resolution.
RESOLUTION NO. 05-11 - A resolution of the City Council of the City of
Tustin relating to compensation and benefits for unrepresented supervisory
employees, and superseding Resolution No. 04-22
16. CONTINUATION OF TEMPORARY BENEFITS AND COMPENSATION DURING
MILITARY LEAVE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH
THE ARMED FORCES
Recommendation: Adopt resolution.
RESOLUTION NO, 05-12 - A resolution of the City Council of the City of
Tustin, California providing for continuation of additional temporary partially
paid Military Leave of Absence and continuation of benefits for eligible City
employees called to active duty with the Armed Forces
17. APPROVAL OF AMENDMENT NO.3 TO COOPERATIVE AGREEMENT NO. 12-
238 WITH THE STATE OF CALIFORNIA FOR THE NEWPORT AVENUE
EXTENSION/SR-55 RAMP RECONFIGURATION PROJECT (CIP 7130)
Recommendation: Approve Amendment No.3 to Cooperative Agreement No. 12-
238 with the State of California (Caltrans) and authorize the Mayor and City Clerk to
execute the document on behalf of the City.
18. APPROVAL OF REIMBURSEMENT AGREEMENT BETWEEN IRVINE RANCH
WATER DISTRICT AND THE CITY OF TUSTIN FOR DOMESTIC WATER,
SEWER AND RECLAIMED WATER PIPELINES FOR THE PHASE 1 TUSTIN
LEGACY BACKBONE INFRASTRUCTURE PROJECT (VALENCIA NORTH
LOOP ROAD, ARMSTRONG AVENUE, LANDSDOWNE ROAD, SEVERYNS
ROAD, AND WEST CONNECTOR ROAD) (CIP 7139)
Recommendation: Approve the Reimbursement Agreement between the Irvine
Ranch Water District and the City of Tustin for Domestic Water, Sewer and
Reclaimed Water Pipelines in Valencia North Loop Road and Armstrong Avenue as
part of Reclaimed Water Legacy Backbone Infrastructure Project (Valencia Avenue,
Armstrong Avenue, Landsdowne Road, Severyns Road, and West Connector Road)
(CIP No. 7139) and authorize the Mayor and City Clerk to execute the document on
behalf of the City.
January 3, 2005
Page 6 of 8
City Council Meeting
Agenda
19. ADDITION OF RED HILL AVENUE/OLWYN DRIVE PEDESTRIAN ENHANCEMENT
PROJECT TO THE FY 2004-2005 CAPITAL IMPROVEMENT PROGRAM AND
APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR DESIGN OF THE
PROJECT (CIP NO. 4067)
Recommendation: Add the Red Hill Avenue/Olwyn Drive Pedestrian Enhancement
Project (CIP No. 4067) to the FY 2004/2005 Capital Improvement Program, approve the
Consultant Services Agreement with Katz, Okitsu and Associates for design services in
the not to exceed amount of $8,000.00 and authorize the Mayor and City Clerk to
execute the Consultant Services Agreement on behalf of the City.
20. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE
NOTICE OF COMPLETION FOR THE NEWPORT AVENUE AT EL CAMINO REAL
TRAFFIC SIGNAL MODIFICATION / UPGRADE (CIP NO. 4064)
Recommendations:
20.a. Adopt resolution;
RESOLUTION NO. 05-07 - 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 Newport
Avenue at EI Camino Real Traffic Signal Modification/Upgrade (CIP No. 4064)
20.b. Authorize the recordation of the Notice of Completion, and direct the City Clerk to;
and
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
20.c. Assuming no claims or stop payment notices are filed, it is further
recommended that the City Council authorize payment of the final 10%
retention in the amount of $18,309.56 to Steiny and Company, Inc. thirty-five
(35) days after the date of recordation of the Notice of Completion. This
amount, plus previous contract payments and one change order totals
$183,095.62, which represents 100% of the final contract cost.
21. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE ALTADENA DRIVE / PASADENA AVENUE
PEDESTRIAN ENHANCEMENT PROJECT (CIP NO. 4063)
Recommendation: Adopt resolution.
RESOLUTION NO. 05-08 - A resolution of the City Council of the City of Tustin,
California approving Plans and Specifications for the Altadena Drive/Pasadena
Avenue Pedestrian Enhancements Project (CIP No. 4063), and authorizing
advertisement for bids
City Council Meeting
Agenda
January 3,2005
Page 7 of 8
22. APPROVAL OF AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO. 12-367
(CONSTRUCTION) WITH THE STATE OF CALIFORNIA FOR THE NEWPORT
AVENUE EXTENSION/SR-55 RAMP RECONFIGURATION PROJECT (CIP 7130)
Recommendation: Approve Amendment No.1 to Cooperative Agreement No. 12-367
with the State of California (Caltrans) and authorize the Mayor and City Clerk to execute
the document on behalf of the City.
REGULAR BUSINESS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Item 23)
23. CODE AMENDMENT 04-001 - MASSAGE REGULATIONS ORDINANCE
The proposed ordinance amendment would provide additional regulations governing
massage technicians and establish appeal procedures, including:
Require massage technicians to pass the National Certification Examination in
Therapeutic Massage and Bodywork (NCE) or pass a City Standardized Massage
Technician/Practitioner Test;
Exempt chair massage performed by City permitted massage technicians on fully
clothed persons at public places;
Establish additional appeal provisions for all decisions on permits regulated in
Article 3 of the Tustin City Code, including the option to appoint a hearing officer to
conduct appeal hearings; and
Remove the exemption for athletic trainers.
Recommendation: Have second reading by title only and adoption of the following
Ordinance (roll call vote):
ORDINANCE NO. 1289 - An ordinance of the City Council of the City of Tustin,
California, amending sections 3141, 3622, 3623, 3625, 3628, and 3731 of the
Tustin City Code regarding massage regulations and appeal provisions
SECOND PUBLIC INPUT - Refer to First Public Input for information.
OTHER BUSINESS - City Manager, City Attorney, City Council
COMMITTEE REPORTS - City Council
ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday,
January 17, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin.
Adjourn in Memory of Richard "Dick" Edgar
City Council Meeting
Agenda
January 3, 2005
Page 8 of 8