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Home My WebLink About01 MINUTES 08-15-05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA AUGUST 1, 2005 Agenda Item Reviewed: J1tt City Manager Finance Director ~ 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 ITEM A. 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 Neaotiators: Christine Shingleton, Assistant City Manager and Amy Freilich, Special Legal Counsel. Neaotiators for Tustin Leaacv Community Partners: Jack Lindquist, and Richard Douglass. R. Godard, Susan Under Neaotiation: Price and Terms of Payment. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION; Significant exposure to litigation, pursuant to subdivision (b) of Government Code Section 54956.9; one(l) case, the Claim of Jose Estrella. The claim may be viewed in the Office of the City Clerk. City Council Meeting Minutes August 1, 2005 Page 1 of 6 PUBLIC MEETING CALL TO ORDER - 7:00 P.M. INVOCATION - Mayor Pro Tem Davert PLEDGE OF ALLEGIANCE - Mayor Pro Tem Davert 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: CLOSED SESSION REPORT - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION; Significant exposure to litigation, pursuant to subdivision (b) of Government Code Section 54956.9; one (I) case, the Claim of Jose Estrella. Motion: Deny claim of Jose Estrella, direct city clerk to send notice to claimant and claimant's attorneys. Motion carried 5-0. PRESENTATION - Michael Hearst, Director of Communications, Orange County Vector Control District, discussed West Nile Virus and ways of combating spread of disease. FIRST PUBLIC INPUT - Billy C. Hall and Audrey Swearingen thanked Council for efforts in addressing rent control at Tustin Village Mobile Home Park. PUBLIC HEARING 1. ADOPTION OF RESOLUTION NO. 05-90 PLACING ASSESSMENTS FOR RESIDENTIAL SOLID WASTE COLLECTION ON THE 2005-2006 ORANGE COUNTY PROPERTY TAX ROLL Public Works Director Serlet presented staff report. Public hearing opened at 7:17 p.m. There were no public speakers and the hearing closed at7:17 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to adopt resolution. Motion carried 5-0. City Council Meeting Minutes August 1. 2005 Page 2 of 6 RESOLUTION NO. 05-90 - A resolution of the City Council of the City of Tustin, California adopted pursuant to the provisions of Section 5473 et seq. of the Health and Safety Code of the State of California, approving and adopting a report relative to parcels of real property receiving solid waste collection services, determining the charges for solid waste collection to be assessed against the respective lots or parcels of land as they appear on the current assessment roll CONSENT CALENDAR - It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima, to approve Consent Calendar items 2 through 10 as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES - REGULAR MEETING OF JULY 18 , 2005 Motion: Approve the Regular City Council Meeting Minutes of July 18, 2005. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $1,429,065.95 and $1,854,126.17; and Payroll in the amount of $497,320.00. 4. PLANNING ACTION AGENDA - JULY 25, 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 July 25, 2005. 5. POLICE DEPARTMENT VEHICLE PURCHASE Motion: Authorize the purchase of: 5.b. One 2006 Chevrolet Tahoe in the amount not to exceed $39,205.00 (plus tax and license approximately $3,920.00); One 2006 Dodge Durango in an amount not to exceed $30,050.00 (plus tax and license approximately $3,005.00); and 5.a. S.c. Two (2) 2006 Harley Davidson FLHTP-1 Police Motorcycles from Laidlaw Harley Davidson in Baldwin Park, California in the amount of $39,856.72 (tax included). City Council Meeting Minutes August 1 , 2005 Page 3 of 6 6. 7. 8. 9. 10. ANIMAL CARE SERVICES AGREEMENT FOR FISCAL YEAR 2005-06 Motion: Approve an agreement for animal care services with the Orange County Health Care Agency for Fiscal Year 2005-06 in the amount of $126,321.00 and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR THE 2005 URBAN WATER MANAGEMENT PLAN UPDATE Motion: Approve a Consultant Services Agreement with Psomas in an amount not to exceed $25,000 for preparation of the 2005 Urban Water Management Plan (UWMP) update, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. AWARD OF CONTRACT FOR CONSTRUCTION OF PHASE I OF THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT (CIP NO. 7130) AND FOR THE EDINGER AVENUE WIDENING PROJECT (CIP NO. 7147 IN THE CITY OF TUSTIN AND CIP NO. 2585 IN THE CITY OF SANTA ANA) Motion: Award the construction contract for Phase I of the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project (CIP No. 7130) and for the Edinger Avenue Widening Project (CIP No. 7147 in the City of Tustin and CIP No. 2585 in the City of Santa Ana) to FCI Constructors, Inc., the lowest responsive, responsible bidder, in the amount of $22,028,800.80 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. APPROVAL OF DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND OVERALL ANNUAL DBE GOAL OF TEN PERCENT (10%) FOR FEDERAL FISCAL YEAR 2005/2006 Motion: Adopt resolution. RESOLUTION NO. 05-88 - A resolution of the City Council of the City of Tustin, California, approving the Disadvantaged Business Enterprise (DBE) Program and overall annual goal of ten percent (10%) for Federal Fiscal Year 2005/2006, for adoption and submission to the California Department of Transportation (CAL TRANS) LICENSE AGREEMENT FOR USE OF PARKING SPACES AT THE TUSTIN WATER YARD PARKING LOT AND WAIVER OF FEES City Council Meeting Minutes August 1, 2005 Page 4 of 6 Motion: 10.a. Authorize the City Manager to execute a license agreement by and between the City of Tustin and Prospect Village, loP. for the non-exclusive use of fifty-nine (59) parking spaces owned by the City of Tustin at the Tustin Water Yard Parking Lot subject to annual review to continue the agreement by the City; and 10.b. Approve the waiver of fees for the use of these spaces. REGULAR BUSINESS 11. AMENDED RESOLUTION OF NECESSITY FOR THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS ON ASSESSOR PARCEL NOS. 430-251-001, 430-251-002, 430-251-003, 430-251-007, 430-251-008, 430-251- 006 AND 430-251-011 FOR PHASE I OF THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT (CIP NO. 7130) Public Works Director Serlet presented staff report. Mayor Bone opened the hearing to receive testimony from the property owner or the property owner's representative. Seeing none, the hearing closed. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Hagen, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 05-87 - An amended resolution of the City Council of the City of Tustin, California, authorizing and directing the City Attorney andlor Special Legal Counsel to acquire by condemnation certain real property interests in the City of Tustin, California, and to obtain immediate possession thereof for Phase I of the Newport Avenue extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project (CIP No. 7130) and declaring the public convenience and necessity thereof. [Temporary Construction Easements Only] SECOND PUBLIC INPUT - None OTHER BUSINESS 1 COMMITTEE REPORTS Councilmember Amante: Attended meeting on Measure M Subcommittee, discussed highway construction, reviewed & categorized input from other cities to present to voters; City Council Meeting Minutes August 1,2005 Page 5 of 6 . Along with Mayor Bone, met with Assemblyman Chuck Devore, discussed forming a committee with one councilmember from each city, to discuss legislation issues that might impact cities; and . Attended League of Cities conference on public policy issues, very informative. Council member Kawashima: Letter from resident regarding pot holes and sidewalks needing repairs. Councilmember Hagen: Left turn lane on Irvine and Newport Boulevard has short duration, need to address; and Announced would not be attending August 15th meeting due to trip to Alaska. Mayor Pro Tem Davert: Informative meeting with League of Cities, opportunity to network with other city councilmembers; Orange County Vector Control District is providing high-quality service; governing board too large, but new management doing good job; and Orange County Sanitation District, chairing committee to do administrative review. Mayor Bone: Congratulated Councilmember Tracy Worley Hagen on being elected Chair of Orange County Fire Authority; Ground breaking at Prospect Village on September 12th; and Rededication of Peppertree Park stage in honor of former councilmember Dick Edgar and last Concert in the Park on August 10th. ADJOURNMENT - 7:26 P.M. - The next regular meeting of the City Council was scheduled for August 15, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. City Council Meeting Minutes August 1, 2005 Page 6 of 6