HomeMy WebLinkAbout03 MINUTES 06-20-05
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
Agenda Item 3
Reviewed: JJIk
City Manager
Finance Director ~
JUNE 6, 2005
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
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 Lois Jeffrey, City Attorney
Absent:
City Clerk:
Others Present:
PUBLIC INPUT - None
CLOSED SESSION ITEMS
A.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to
Subdivision (b) (1) (C) of Government Code Section 54956.9
Claim of Alexander Petrow, Claim No. 05-21.
B.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8
Property:
Property defined within the Master Developer footprint at
Tustin Legacy (the former Marine Corps Air Station
Tustin) including Reuse Plan Disposal Parcels 4, 5, 6, 7,
8, 13, 14, 15, 16, 17, 25, 26, 27,28, 29, 30, 31 and
portions of Reuse Plan Disposal Parcel 40.
City Neqotiators:
Christine Shingleton, Assistant City Manager and Amy
Freilich, Special Legal Counsel.
Neqotiators for Tustin Leqacv Community Partners: Jack R.
Lindquist, and Richard Douglass.
Godard,
Susan
Under Neqotiation:
Price and Terms of Payment.
C.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8
City Council Meeting
Minutes
June 6. 2005
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Property:
Reuse Plan Disposal Parcels 10, 11 & 12 at Tustin
Legacy.
City 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.
PUBLIC MEETING
CALL TO ORDER - 7:06 P.M.
INVOCATION - Council member Hagen
COLORS PRESENTATION & PLEDGE OF ALLEGIANCE - Cub Scouts Pack 235
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 Lois Jeffrey, City Attorney
Absent:
City Clerk:
Others Present:
CERTIFICATES OF RECOGNITION
. Tustin Area Council for Fine Arts (TACFA) scholarship recipients presented by Mayor
Bone
. Tustin Pride student poster and essay contest winners presented by Mayor Bone
PROCLAMATIONS
. Rebecca Koslover and Rachael Linker for attaining the Girl Scouts Gold Award
presented by Mayor Bone
PRESENTATIONS
. Orange County District Attorney's Office, Detective Nasario Solis, present plaque to
the Tustin Police Department and City Council honoring all the juvenile detectives that
have worked with the DA's office on the Child Abuse Services Team (CAST)
City Council Meeting
Minutes
June 6,2005
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. Employee Showcase - Fawn Nguyen, Human Resources Department
CLOSED SESSION REPORT - City Attomey Jeffries reported that the City Council took
action to deny the claim of Alexander Petrow and directed City Clerk to send notice thereof to
claimant and claimants attomeys.
FIRST PUBLIC INPUT
. Linda Jennings congratulated Council on signing letter of intent with Tustin Unified School
District and as President of Tustin Preservation Conservancy, announced Old Town
Tustin Trolley program. Thanked staff for their assistance.
. Jeffrey Immediato, Dome Development Group, spoke regarding the Legacy Dome.
. LeAine Dehmer spoke as a business owner and resident regarding massage therapy
regulations.
PUBLIC HEARING
1.
PUBLIC HEARING AND CONSIDERATION OF THE LEVY OF ANNUAL
ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT
FOR FISCAL YEAR 2005-06
Public Works Director Tim Serlet presented staff report.
Public hearing opened at 7:55p.m. There were no speakers and the public hearing
closed at 7:55p.m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Kawashima, to adopt resolution. Motion carried 5-0.
RESOLUTION NO. 05-72 - A resolution of the City Council of the City of
Tustin, California confirming the levy of annual assessments for the
landscape maintenance and public street lighting expenses in the Tustin
Ranch area within the boundaries of the Tustin Landscape and Lighting
District for Fiscal Year 2005-2006
CONSENT CALENDAR - Agenda items 5, 11 and 12 were pulled for separate discussion. It
was moved by Mayor Pro Tem Davert, seconded by Councilmember Hagen, to approve
Consent Calendar items 2 through 4 and 6 through 10 as recommended by staff. Motion
carried 5-0.
2.
APPROVAL OF MINUTES -REGULAR MEETING OF MAY 16, 2005
Motion: Approve the Regular City Council Meeting Minutes of May 16, 2005.
City Council Meeting
Minutes
June 6, 2005
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3.
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $854,129.73; $2,589,292.76; and
$741,657.99; and Payroll in the amount of $527,895.71.
4.
PLANNING ACTION AGENDA - MAY 23, 2005
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 May 23, 2005.
5.
ADOPTION OF FEE RESOLUTION
Councilmember Amante indicated his questions had been answered.
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem
Davert, to adopt resolution.
RESOLUTION NO. 05-73 - A resolution of the City Council of the City of
Tustin, California, establishing a revised schedule for Planning Fees and
Service Charges within the Planning Division of the Community
Development Department
6.
RESPONSE TO RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT
DRAFT ENVIRONMENTAL IMPACT REPORT FOR SANTIAGO CANYON
COLLEGE FACILITIES MASTER PLAN PROJECT
Motion: Authorize staff to forward the attached response letter to the Rancho
Santiago Community College District.
7.
DESTRUCTION OF RECORDS - CITY CLERK'S OFFICE
Motion: Adopt resolution.
RESOLUTION NO. 05-74 - A resolution of the City Council of the City of
Tustin, California, authorizing the destruction of certain City records and
papers in the possession of the City Clerk of the City of Tustin no longer
required for the conduct of City business, pursuant to the authority granted
by the City of Tustin's Records Retention Schedule
8.
APPROVAL OF A JOINT USE AGREEMENT FOR REPLACEMENT OF
OVERHEAD WITH UNDERGROUND ELECTRICAL FACILITIES WITH
City Council Meeting
Minutes
June 6,2005
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SOUTHERN CALIFORNIA EDISON COMPANY (RULE 20A) IN CONJUNCTION
WITH THE NEWPORT AVENUE EXTENSION/SR-55 RAMP
RECONFIGURATION PROJECT (CIP 7130)
Motion: Approve the Joint Use Agreement for replacement of overhead with
underground electrical facilities with Southem Califomia Edison Company (Rule
20A), and authorize the Mayor and City Clerk to execute the Joint Use Agreement
on behalf of the City.
9.
APPROVAL OF CONSULTING SERVICES AGREEMENT FOR TUSTIN
LEGACY TRAFFIC ANALYSIS
Motion: Approve the Consulting Services Agreement for Tustin Legacy Traffic
Analysis with Austin Foust Associates, Inc. in the not to exceed amount of
$101,700.00 and authorize the City Manager, or his designated representative to
execute the Consultant Services Agreement on behalf of the City.
10.
SECOND AMENDMENT TO EXCLUSIVE AGREEMENT TO NEGOTIATE WITH
TUSTIN COMMUNITY PARTNERS, LLC FOR THE TUSTIN LEGACY MASTER
DEVELOPER SITE
Motion: Authorize the City Manager to execute the Second Amendment to the
Exclusive Agreement to Negotiate (ENA) between the City and Tustin Legacy
Community Partners (TLCP), LLC.
11.
AGREEMENT WITH SECURITAS SECURITY SERVICES USA, INC. TO
PROVIDE CONTINUED SECURITY SERVICES AT TUSTIN LEGACY
Mayor Bone requested the wording be changed to "security" services.
Motion: It was moved by Mayor Bone, seconded by Mayor Pro Tem Davert, to
authorize the City Manager or Assistant City Manager to execute a Security
Services Agreement between Securitas Security Services USA, Inc., and the City of
Tustin to provide necessary security services at Tustin Legacy, subject to final
contract review by the City Attomey.
12.
AGREEMENT WITH ACEPEX MANAGEMENT CORPORATION TO PROVIDE
CONTINUED CARETAKER SERVICES AT TUSTIN LEGACY
Mayor Bone requested the wording be changed to "caretaker" services.
Motion: It was moved by Mayor Bone, seconded by Mayor Pro Tem Davert, to
authorize the City Manager or Assistant City Manager to execute a
Caretaker/Property Management Consultant Services Agreement between
City Council Meeting
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June 6, 2005
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ACEPEX Management Corporation and the City of Tustin to provide continued
caretaker services at Tustin Legacy.
BUSINESS CALENDAR
13.
SECOND READING AND ADOPTION OF ORDINANCE NO. 1299: ZONE
CHANGE 05-001, MCAS TUSTIN SPECIFIC PLAN AMENDMENT
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Hagen, to have second reading by title only and adoption of Ordinance No. 1299
(Roll call vote). 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
14.
AMERICAN LEGION POST 227 REQUEST FOR VETERANS' DAY ACTIVITIES
The American Legion Post 227 is requesting authorization to conduct Veterans'
Day activities at Peppertree Park and the authorization to close streets for a
Veterans' Day celebration on Sunday, November 13, 2005.
Bob Margulies, Commander of American Legion Post 227, introduced Billy Hall
as upcoming Commander. Billy Hall made presentation to Council including
proposed parade routes.
Parks and Recreation Director indicated that Council was given 4 options,
including:
Option A
This parade route is being recommended by the Veterans' Day Committee. It
would include a staging area in the rear area parking lot at City Hall and a portion
of Third Street. In addition, a portion of Prospect, north and south of Third Street,
would also be used for staging. The parade would begin at Prospect and Third
and proceed west on Third, cross EI Camino Real, and turn right (north) onto C
Street. It would proceed north to Second Street, where it would turn right (east)
onto Second Street. The viewing stand would be located at this tum. The parade
units would continue eastward on Second Street to Prospect and then disband.
Option B
This option would locate the parade staging area north of main and west of C
Street, on C Street. The parade would proceed north on C Street past the School
District Administration Buildings to First Street where it would turn left (west) onto
First Street and proceed west to B Street. It would turn left on B Street and
disband at the rear portion of the Senior Citizen Center.
City Council Meeting
Minutes
June 6,2005
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Option C
This option would be to dedicate a portion of the Tustin Tiller Days Parade,
scheduled for Saturday, October 1, 2005. Up to 20 units could be allocated by the
Tiller Days Parade Committee in recognition and honor of our veterans. These
parade units would have a specific portion of the Tiller Days Parade and be
recognized by an overall larger crowd that attends the Tiller Days activities. The
American Legion Post 227 could still schedule the Veterans' Day activities in
Peppertree Park for November 13.
Option D
The City of La Palma is hosting the official Veterans' Day Parade of Orange
County. They have invited our American Legion Post 227 to have dedicated units
in their Veterans' Day Celebration Parade.
Council discussion ensued. Council member Kawashima suggested that the item
by continued for 2 weeks to give the American Legion opportunity to talk to
officials from the City of La Palma. Mayor Pro Tem Davert indicated that his
proposed motion encompassed that option.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Amante, to support Options Band D and waive fees. Motion carried 3-2,
Councilmembers Hagen and Kawashima voted No.
15.
TUSTIN POLICE OFFICERS ASSOCIATION (TPOA)
City Manager Bill Huston gave presentation to Council. Recommended ad be
placed in paper to show City Council's position on issue.
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem
Davert, to support publication of ad.
SECOND PUBLIC INPUT - None
OTHER BUSINESS / COMMITTEE REPORTS
Councilmember Amante:
. Attended Tustin Chambers Strategic Planning Summit, it was a great event;
. Was present at the Elected Officials Prayer Breakfast last month;
Introduced Supervisor/Chair Bill Campbell at Chamber's Govemment Affairs meeting,
Supervisor Campbell spoke on Measure M;
. Attended Newport Bay Watershed Executive Committee, mentioned proposed programs;
and
. Also attended Water Advisory Committee of Orange County (WACO), Senator Flores
proposed legislation, SB1087, to provide sewer set-aside programs.
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Minutes
June 6, 2005
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Councilmember Kawashima:
Reported that City Council approved Letter of Intent with Tustin Unified School District to
construct public schools on former MCAS, Tustin.
Council member Hagen:
Congratulated Foothill High School graduates; and
Chili Cook-off was a great success, congratulated Boy Scouts of America on their award
winning chili.
Mayor Pro Tem Davert:
. Attended Intemational Conference of Shopping Centers convention with Councilmember
Hagen - a very productive meeting;
. Attended Tri-Cities Memorial Day event at Santa Ana Cemetery, honoring deceased
veterans;
Pleased with results of joint meeting with Tustin Unified School District that would allow
building of top schools on Base;
. Attended kick-off event for Amputees Across America at Tustin Rehab Hospital;
Chili Cook-off was a great event; and
Congratulated all high school graduates and wished them well.
Mayor Bone:
Gave commencement address at Irvine Valley College, impressed with graduates;
Chili Cook-off had attendance near 20,000 people, Boy Scouts of America Troop #33
was Chili winner;
. Attended meeting with Congressman Christopher Cox regarding land use at Base;
. Water Advisory Council of Orange County report, City of Tustin used 791 acre feet of
water less than previous year,
. Attended LOSAN meeting, rail line from San Luis Obispo to San Diego, 2nd highest rider
ship line in US for Amtrak, funds needed for additional cars; and
. Announced that Santa Ana River Flood Protection Agency received $61,500,000 in funds
from Congress for repairs to Prado Dam.
ADJOURNMENT - 8:43 p.m. The next regular meeting of the City Council was scheduled
for Monday, June 20, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way,
Tustin.
LOU BONE,
Mayor
PAMELA STOKER,
City Clerk
City Council Meeting
Minutes
June 6, 2005
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