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HomeMy WebLinkAbout01 MINUTES 01-17-05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JANUARY 3,2005 . CALL TO ORDER- 5:30 P.M. ATTENDANCE Present: Mayor Lou Bone, Mayor Pro Tern Doug Davert, Councilmembers Jerry Amante, Tracy Worley Hagen, and Tony Kawashima Absent: None Maria R. Huizar, Chief Deputy City Clerk Others Present: City Clerk: William A. Huston, City Manager and Lois Jeffrey, City Attorney PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 A.1. Agency Negotiator: Employee Organization: A.2. Agency Negotiator: Employee Organization: A.3. Agency Negotiator: Employee Otganization: A.4. Agency Negotiator: Employee Organization: A.5. 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 Minutes January 3, 2005 Page 1 of 9 B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Property: Parcels 1 0 and 11 at former MCAS, Tustin Assistant City Manager Christine Shingleton, Rick Kuhl (Vestar/Kimco), and Amy Freilich Price and Terms of Payment Negotiators: Under Negotiation: C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPA TED 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 CALL TO ORDER - 7:00 P.M. ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tern Doug Davert, Council members Jerry Amante, Tracy Worley Hagen, and Tony Kawashima Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Lois Jeffrey, City Attorney INVOCATION - Mayor Bone PLEDGE OF ALLEGIANCE - Tustin Memorial Academy Pack 142 CLOSED SESSION REPORT - City Attorney Jeffrey, announced that by a vote of 5-0 the City Council denied the claim for continuing trespass and nuisance of the City of Huntington Beach, and directed the City Attorney to send notice thereof to the City of Huntington Beach and its attorneys. FIRST PUBLIC INPUT - . Don Biery, was pleased the meeting would be adjourned in the memory of former Mayor Dick Edgar and suggested a park or other recreation facility be named in his honor. . Jeffrey Immediato, expressed interest in MCAS hangar for Dome development at Tustin Legacy. . Joseph Vanderhoff, Serenity Recovery Center, was concerned with delays in processing City Council Meeting Minutes January 3, 2005 Page 2 of 9 of Conditional Use Permit and license for his property. CONSENT CALENDAR - It was moved by Mayor Pro Tern Davert, seconded by Councilmember Amante, to approve Consent Calendar items 1 through 22 as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - SPECIAL AND REGULAR MEETINGS OF DECEMBER 6, 2004 Motion: Approve the Special and Regular City Council Meeting Minutes of December 6,2004. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: 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 Motion: 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. Motion: 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 City Council Meeting Minutes January 3, 2005 Page 3 of 9 Motion: 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 Motion: 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. 7. PLANNING ACTION AGENDA - DECEMBER 13, 2004 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Motion: 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 cond itions have been fu Ifilled and the final map may be approved and recorded. (Owner/Applicant: Olson Company) . Motion: 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 Motion: Authorize the City Manager or Assistant City Manager to terminate the existing Caretaker Agreement with J HTM and Associates and execute a Caretaker/Property Management Consultant Services Agreement between ACEPEX Management Corporation and the City of Tustin to provide continued caretaker City Council Meeting Minutes January 3, 2005 Page 4 of 9 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 Motion: 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 11. APPROVAL OF THE TUSTIN LEGACY RUNOFF MANAGEMENT PLAN (RMP) (CIP NO. 5025) Motion: Approve the Final Tustin Legacy Runoff Management Plan, dated December 2004, and direct staff to forward notification of this approval to the Orange Cou nty Flood Control District. 12. APPROVAL OF ADMINISTERING AGENCY - STATE MASTER AGREEMENT NO. 000270 AND AUTHORIZATION FOR DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO SIGN CALTRANS DOCUMENTS FOR STATE FUNDED TRANSPORTATION PROJECTS Motion: 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 Motion: 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 City Council Meeting Minutes January 3, 2005 Page 5 of 9 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 Motion: 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 15. RESOLUTION RELATING TO SALARY AND BENEFITS OF SUPERVISORY EM PLOYEES Motion:. 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 Motion: 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 17APPROVAL OF AMENDMENT NO.3 TO COOPERATIVE AGREEMENT NO. 12- 238 WITH THE STATE OF CALIFORNIA FOR THE NEWPORT AVENUE EXTENSION/SR-55 RAMP RECONFIGURA TION PROJECT (CIP 7130) Motion: 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. City Council Meeting Minutes January 3, 2005 Page 6 of 9 . 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) Motion: 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 docu ment on behalf of the City. 19. ADDITION OF RED HILL A VENUE/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) Motion: 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) Motion: 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) City Council Meeting Minutes January 3, 2005 Page 7 of 9 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 Cou ncil authorize payment of the final 1 0% 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 amou nt, plus previous contract payments and one change order totals $183,095.62, which represents 1000/0 of the final contract cost. 21. APPROVAL OF PLANS AND SPECIFICATIONS AND .AUTHORIZA TION TO ADVERTISE FOR BIDS FOR THE AL T ADENA DRIVE / PASADENA AVENUE PEDESTRIAN ENHANCEMENT PROJECT (CIP NO. 4063) Motion: 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 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 RECONFIGURA TION PROJECT (CIP 7130) Motion: 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 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 City Council Meeting Minutes January 3, 2005 Page 8 of 9 . Remove the exemption for athletic trainers. Motion: It was moved by Mayor Pro Tern Davert, seconded by Councilmember Kawashima, to have second reading by title only and adoption of Ordinance No. 1289. Motion carried 5-0. (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 - None OTHER BUSINESS I COMMITTEE REPORTS Councilmember Amante: . Expressed his appreciation for the magnificent service of Dick Edgar who served 5 terms as mayor, was saddened by his untimely passing; and . Wished everyone a happy New Year. Councilmember Kawashima: . Expressed condolences on Dick Edgar's passing, his service to the community was unsurpassed; and . . Wished everyone a happy New Year. Councilmember Hagen: . Wished everyone happy New Year; . Commented on Dick Edgar's excellent leadership service to the community; and . Would be attending leadership conference for Orange County elected officials in lake Arrowhead next week. Mayor Pro Tern Davert: . Expressed. his sentiments on Dick Edgar who encouraged him to serve on Council, requested item be agendized at following Council meeting to discuss memorial for Dick Edgar; . Wished all a happy New Year; and . Announced City has a new Chief of Police, Scott Jordan. Mayor Bone: . Happy New Year to all; . Commented on Dick Edgar's passing and outstanding service to the community; . Remarked that the Old Town planters needed attention; and . Mentioned his recent vacation in Aruba where he toured a water desalting plant and power center. ADJOURNMENT - 7:26 P.M. - The next regular meeting of the City Council was scheduled for Monday, January 17, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. Adjourned in Memory of Richard "Dick" Edgar City Council Meeting Minutes January 3, 2005 Page 9 of 9