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Home My WebLink AboutCC MINUTES 2005 05 16 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA MAY 16, 2005 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Absent: City Clerk: Others Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Council members Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Maria R. Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Omar Sandoval, Deputy City Attorney PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Propertv: Reuse Plan Disposal Parcels 10, 11 & 12 at Tustin Legacy. Citv Neqotiators: Christine Shingleton, Assistant City Manager and Amy Freilich, Special Legal Counsel. Neqotiators for Vestar/Kimco: Rick Kuhl. Under Neqotiation: Price and Terms of Payment. B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Reuse Plan Disposal Parcels 17, 20, 31 and potentially a portion of 26 & 28 at Tustin Legacy. City Neqotiator: William A. Huston, City Manager or Designee. Neqotiator for Tustin Unified School District: Designee. Pete Gorman, Superintendent or City Council Meeting Minutes May 16, 2005 Page 1 of 8 Under Neqotiation: Price and Terms of Payment. C. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Aqency Neqotiator: Arlene Marks Resources. Gibbs, Director of Human Emplovee Orqanization: Tustin Police Management Association (TPMA). PUBLIC MEETING CALL TO ORDER - 7:03 P.M. INVOCATION - Mayor Pro Tem Davert PLEDGE OF ALLEGIANCE - Greg Hammond, A YSO President ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Councilmembers Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Pamela Stoker William A. Huston, City Manager and Omar Sandoval, Deputy City Attorney Absent: City Clerk: Others Present: CLOSED SESSION REPORT - Nothing to report FIRST PUBLIC INPUT Bob Margulies, Commander of American Legion in Tustin, spoke regarding Veteran's Day celebration. Howie Subnick, spoke regarding police departments and salary negotiations. PUBLIC HEARING 1. ZONE CHANGE 05-001: MCAS TUSTIN SPECIFIC PLAN AMENDMENT Zone Change 05-001 is a City-initiated amendment to the MCAS-Tustin Specific Plan to facilitate the application and implementation of some of the requirements contained in the Plan. On May 9, 2005, the Planning Commission recommended that the City Council approve Zone Change (MCAS Tustin Specific Plan Amendment) 05-001. City Council Meeting Minutes May 16, 2005 Page 2 of 8 Applicant: City of Tustin Senior Planner Scott Reekstin presented staff report. Public hearing opened at 7:17p.m. There were no public speakers and the public hearing closed at 7:17p.m. Motion: 1.a. It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 05-71 - A resolution of the City Council of the City of Tustin, California, finding that the Final Environmental Impact Statement/Environmental Impact Report for the Disposal and Reuse of MCAS Tustin ("FEIS/EIR") is adequate to serve as the project EIS/EIR for Zone Change (MCAS Tustin Specific Plan Amendment) 05-001 1.b. It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to introduce and have first reading by title only of the following ordinance. Motion carried 5-0.: ORDINANCE NO. 1299 - An ordinance of the City of Tustin, adopting Zone Change (MCAS Tustin Specific Plan Amendment) 05-001 to amend Sections 3.2, 3.2.2, 3.2.3, 3.9.2; footnotes to Tables 3-1 and 3-2 and the definitions section of the MCAS Tustin Specific Plan relating to density calculation, development unit definition, and transfer of units. CONSENT CALENDAR - Mayor Bone pulled Agenda Item 10 for separate discussion. It was moved by Mayor Pro Tem Davert, seconded by Councilmember Hagen, to approve Consent Calendar items 2 through 9 and 11 through 16 as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES -REGULAR MEETING OF MAY 2,2005 Motion: Approve the Regular City Council Meeting Minutes of May 2, 2005. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $1,914,900.81 and $1,154,120.81; and Payroll in the amount of $542,582.80. 4. PLANNING ACTION AGENDA - MAY 9, 2005 All actions of the Planning Commission become final unless appealed by the City City Council Meeting Minutes May 16, 2005 Page30f8 5. 6. 7. 8. 9. 10. Councilor member of the public. Motion: Ratify the Planning Commission Action Agenda of May 9, 2005. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND AREAS WITH TRUGREEN LANDCARE Motion: Approve the First Amendment to the Contract Agreement between TruGreen LandCare and the City of Tustin for landscape maintenance services for the General Fund areas, subject to City Attomey approval. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE ASSESSMENT DISTRICT AREAS WITH TRUGREEN LANDCARE Motion: Approve the First Amendment to the Contract Agreement between TruGreen LandCare and the City of Tustin for landscape maintenance services for the Assessment District areas, subject to City Attomey approval. CONTRACT AMENDMENT FOR MAINTENANCE AND REPAIR SERVICES OF THE CITY'S HVAC SYSTEMS WITH BARR ENGINEERING, INC. Motion: Approve the First Amendment to the Contract Agreement between Barr Engineering, Inc. and the City of Tustin for Heating, Ventilation, Refrigeration, and Air Conditioning (HVAC) Systems Maintenance and Repair Services, subject to City Attomeyapproval. CONTRACT AMENDMENT FOR CUSTODIAL SERVICES WITH PACIFIC BUILDING CARE Motion: Approve the Second Amendment to the Contract Agreement between Pacific Building Care and the City of Tustin for custodial services, subject to City Attomey approval. RELEASE OF BONDS FOR PARCEL MAP 2001-147 (13270 NEWPORT AVENUE, ALBERTSON'S, INC.) Motion: Release the following bonds in the indicated amounts: Faithful Performance Bond No. 23-000-283 Labor and Material Bond No. 23-000-283 $163,000.00 $163,000.00 PURCHASE AGREEMENT FOR PROPERTY AT 305 EAST MAIN STREET, City Council Meeting Minutes May 16, 2005 Page 4 of 8 11. 12. 13. 14. 15. TUSTIN MASONIC TEMPLE ASSOCIATION Mayor Bone indicated a conflict of interest on Item 10 - he is a trustee of the property owners, and stepped down from the dais. Mayor Pro Tem Davert assumed the Chair for this item. Motion: It was moved by Councilmember Amante, seconded by Councilmember Hagen, to approve a Purchase Agreement on the subject property and authorize the City Manager or his designated representative to execute the Agreement to Purchase Real Property and to carry out all actions necessary to close the transaction including execution of all related documents. Motion carried 4-0, Bone absent. CONSIDERATION OF NAMING A PARK AND RECREATION FACILITY IN HONOR OF RICHARD "DICK" EDGAR Motion: Adopt the Parks and Recreation Commission recommendation of dedicating the Peppertree Park Stage and Bands hell in honor of past Mayor Richard "Dick" Edgar. CONSIDERATION OF CLAIM OF BIANCA ROSA PELAYO, CLAIM NO. 05-18 Motion: After investigation and review by the Finance Director and the City's Claims Administrator, it is recommended that the City Council deny the claim and direct Staff to send notice thereof to the claimant. CONSIDERATION OF CLAIM OF LINDSAY MARIE NELSON, CLAIM NO. 05-15 Motion: After investigation and review by the Finance Director and the City's Claims Administrator, it is recommended that the City Council deny the claim and direct Staff to send notice thereof to the claimant. CONSIDERATION OF CLAIM OF ALAIN WU, CLAIM NO. 05-13 Motion: After investigation and review by the Finance Director and the City's Claims Administrator, it is recommended that the City Council deny the claim and direct Staff to send notice thereof to the claimant. LEGISLATIVE REPORT: ASSEMBLY BILL 1295 (BERMUDEZ) RELATING TO FIREWORKS Motion: Take a position opposing AB 1295. City Council Meeting Minutes May 16, 2005 Page 5 of 8 16. LEGISLATIVE STATUS REPORT: ASSEMBLY BILL 903 (DE LA TORRE) RELATING TO CABLE TELEVISION FRANSHISES Motion: Direct staff to continue to monitor this legislation and report back any significant change in status. BUSINESS CALENDAR 17. CULTURAL RESOURCES ADVISORY COMMITTEE REPORT Senior Planner Scott Reekstin presented staff report that included following additional tasks: . Code Amendments Plaque Program Enhancements Commendation Program Enhancements Committee Meeting Outreach Updated Brochure and Welcome Letters Discuss Certificates of Appropriateness Hold Monthly Meetings Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem Davert, to direct staff to work with the Cultural Resources Advisory Committee on the tasks described in report and approved by the Council. Motion carried 5-0. 18. TUSTIN POLICE OFFICERS ASSOCIATION - MANAGEMENT UNIT (TPMA) IMPASSE Human Resources Director Arlene Marks Gibbs made presentation to Council. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 05-70 - A resolution of the City Council of the City of Tustin, California, amending the Classification and Compensation Plan for the City of Tustin and implementing revised wages, fringe benefits and terms and conditions of employment for employees represented by the Tustin Police Officers Association - Management Unit SECOND PUBLIC INPUT - None City Council Meeting Minutes May 16, 2005 Page 6 of 8 OTHER BUSINESS I COMMITTEE REPORTS Councilmember Amante: Groundbreaking at Tustin Legacy; Went to Sacramento with Mayor Bone and other members of League of Cities, Govemor restoring $1.3 billion in Prop 42 funds to local communities, also met with other officials regarding affordable housing; Attended Orange County Council of Governments Housing Summit, presented balanced approach to jobs and housing problem in Southem Califomia. Council member Kawashima: Announced he would be appearing in a Comcast public information segment on recycling; Commented on a swim/tennis complex proposed to be built at Tustin Legacy; and Spoke regarding recent freeway shootings and the negative impact it has on society. Councilmember Hagen: Tustin residents continue to run red lights, suggested looking into cameras at intersections; Transportation Corridor Agency board discussed subsidizing the Foothill Eastern Corridor to help the San Joaquin Corridor which is not meeting expected revenues; Due to housing shortage, cities like Santa Ana and Irvine were looking into building high rise condominium towers; and Asked staff to look into protective, permissive left turn lights to reduce driver frustration. Mayor Pro Tem Davert: Remind everyone American Cancer Society's Relay for Life was this coming weekend; Wednesday would be Tustin Public Schools Foundation Teacher of the Year dinner; Thanked Historical Society for Old Town Promenade, Home Tour was well attended; Councilmember Hagen and he would be attending International Convention of Shopping Centers next week; and Concemed about on-going discussion regarding Veterans Day events, requested to be placed on next Agenda. Mayor Bone: Ordered digital map from South em California Association of Governments; Southern California Association of Governments General Assembly meeting report - the Port of Los Angeles would be enacting a 24/7 work schedule; Attended Sacramento meeting with Councilmember Amante, 478 cities attended; Govemor was in Orange County last week and gave $100,000,000 check to OCTA for expansion of 22 freeway; Governor to accelerate repayment to local governments of Vehicle License fees; Thanked voters for Proposition 1A which passed by 84%, the highest voter turn out in California history; June 5th is Chili Cook-off; and Received letter from Postmaster regarding changes in delivery procedure for mail carriers. City Council Meeting Minutes May 16, 2005 Page 7 of 8 ADJOURNMENT - 7:55 p.m. - The next regular meeting of the City Council was scheduled for Monday, June 6, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. ---ß Æ¡ '-e. LOU BONE, Mayor ~ City Clerk City Council Meeting Minutes May 16, 2005 Page 8 of 8