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Home My WebLink AboutCC MINUTES 2005 06 06 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JUNE 6, 2005 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Councilmembers 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 Propertv: 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. Citv Neaotiators: Christine Shingleton, Assistant City Manager and Amy Freilich, Special Legal Counsel. Neaotiators for Tustin Leaacy Community Partners: Jack R. Lindquist, and Richard Douglass. Godard, Susan Under Neaotiation: 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 Page 1 of 8 Property: Reuse Plan Disposal Parcels 1O, 11 & 12 at Tustin Legacy. City Neaotiators: Christine Shingleton, Assistant City Manager and Amy Freilich, Special Legal Counsel. Neaotiators for Vestar/Kimco: Rick Kuhl. Under Neaotiation: Price and Terms of Payment. PUBLIC MEETING CALL TO ORDER - 7:06 P.M. INVOCATION - Councilmember 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 Page20f8 . Employee Showcase - Fawn Nguyen, Human Resources Department CLOSED SESSION REPORT - City Attorney 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 attorneys. 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 Council member 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 Page 3 of 8 3. 4. 5. 6. 7. 8. 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. PLANNING ACTION AGENDA- MAY 23, 2005 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Motion: Ratify the Planning Commission Action Agenda of May 23, 2005. ADOPTION OF FEE RESOLUTION Council member 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 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. 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 APPROVAL OF A JOINT USE AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRICAL FACILITIES WITH City Council Meeting Minutes June 6, 2005 Page 4 of 8 g. 10. 11. 12. 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 Southern Califomia Edison Company (Rule 20A), and authorize the Mayor and City Clerk to execute the Joint Use Agreement on behalf of the City. 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. 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. 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 Attorney. 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 Minutes June 6, 2005 Page50f8 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 il would turn left (west) onto First Street and proceed west to B Street. II would turn left on B Street and disband at the rear portion of the Senior Citizen Center. City Council Meeting Minutes June 6, 2005 Page 6 of 8 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. City Council Meeting Minutes June 6, 2005 Page70f8 Councilmember Kawashima: Reported that City Council approved Letter of Intent with Tustin Unified School District to construct public schools on former MCAS, Tustin. Councilmember 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 International 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-offwas 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. --t2;j~ "1MxoO~~ PAMELA STOKER, City Clerk LOU BONE, Mayor City Council Meeting Minutes June 6, 2005 Page80f8