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Home My WebLink About00 AGENDA 09-06-05 CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL 8 TUESDAY, SEPTEMBER 6,2005 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Doug Davert, Mayor Pro Tern Jerry Amante, Councilmember Tracy Worley Hagen, Councilmember Tony Kawashima, Councilmember Lou Bone, Mayor William A. Huston, City Manager Lois Jeffrey, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION 5:30 p.m. The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The following item was received for the September 6, 2005 meeting of the City Council. (Agenda Item A). CALL TO ORDER ATTENDANCE PUBLIC INPUT - Members of the public may address the City Council on items on the Closed Session Agenda. 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 Clayton Gautz, Special Legal Counsel. Neaotiators for Tustin Leaacv Community Partners: Jack Lindquist, and Richard Douglass. R. Godard, Susan Under Neaotiation: Price and Terms of Payment. City Council Meeting Agenda September 6, 2005 Page 1 of6 PUBLIC MEETING 7:00 P.M. "'..- -<~ CALL TO ORDER INVOCATION - Councilmember Amante PLEDGE OF ALLEGIANCE - Boys Scouts ROLL CALL - City Clerk Stoker CLOSED SESSION REPORT FIRST PUBLIC INPUT PUBLIC HEARING A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Redevelopment Agency related to land use or fees. (Agenda Items 1 and 2) 1. CODE AMENDMENT 05-002 - CULTURAL RESOURCES AMENDMENT Code Amendment 05-002 consists of amendments to Tustin City Code Sections 1561, 9252(c), 9252(g)(3); 9252(h)(2)(a), and 9297, relating to the Cultural Resources Advisory Committee. The proposed amendments would change the name of the Cultural Resources Advisory Committee to the Historic Resources Committee, add clarifying language regarding the Committee's role, and add a definition for Community Development Director. Recommendations: 1.a. Open and close the public hearing; and 1.b. Introduce and have first reading by title only of the following ordinance: ORDINANCE NO. 1301 - An ordinance of the City Council of the City of Tustin, California, amending Tustin City Code Sections 1561, 9252(c), 9252(g)(3); 9252(h)(2)(a), and 9297, relating to the Cultural Resources Advisory Committee 2. CONTINUE PUBLIC HEARING - ESTABLISHING A COMPREHENSIVE SCHEDULE OF FEES, INCLUDING MODIFICATION OF CERTAIN FEES Recommendation: Continue the public hearing for this item to the September 19, 2005 Council meeting. City Council Meeting Agenda September 6, 2005 Page20f6 CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 3 through 12). 3. APPROVAL OF MINUTES - REGULAR MEETING OF AUGUST 15,2005 Recommendation: Approve the Regular City Council Meeting Minutes of August 15, 2005. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $1,434,032.23; $1,232,580.68 and $358,836.00; reversals in the amount of $3,282.14; and Payroll in the amount of $515,140.31 and $514,067.87. 5. PLANNING ACTION AGENDA - AUGUST 22,2005 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Recommendation: Ratify the Planning Commission Action Agenda of August 22, 2005. 6. FINAL PARCEL MAP NO. 2004-256: 14001 & 14011 NEWPORT AVENUE AND 770 EL CAMINO REAL Recommendation: Adopt resolution. RESOLUTION NO. 05-94 - A resolution of the City of Tustin City Council approving Final Parcel Map 2004-256 to merge two parcels to create one parcel 29,733 square feet in area (0.68 acres) located at 14001 and 14011 Newport Avenue and 770 EI Camino Real (APN Nos. 401-641-05 and 401-641- 07) located at the Southwest corner of EI Camino Real and Newport Avenue 7. AWARD A BID FOR WEAPONS REPLACEMENT Recommendations: 7.a. Authorize the purchase of 101 new handguns (including 8 Officer involved shooting/replacement weapons) for all sworn Tustin Police Officers from Proforce Law Enforcement, in the amount of $44,384.88; 7.b. Authorize the purchase of 83 handgun mounted lights (including 8 Officer involved shooting/replacement weapons)from Surefire Industries, in the amount of $24,034.00; and City Council Meeting Agenda September 6, 2005 Page 3 of 6 7.c. Authorize the purchase of 29 (leather) and 64 (nylon) of the appropriate Safariland holsters for the above listed equipment from Aardvark Tactical, in the amount of $6,846.64. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE WALNUT AVENUE REHABILITATION PROJECT BETWEEN RED HILL AVENUE AND BROWNING AVENUE (CIP NO. 7178) 8. Recommendations: 8.a. 8.b. 8.c. Adopt resolution; RESOLUTION NO. 05-91 - 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 Walnut Avenue Rehabilitation Project between Red Hill Avenue and Browning Avenue (CIP No. 7178) 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) 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 Assuming no claims or stop payment notices are filed, it is further recommended that thirty-five (35) days after the date of recordation of the Notice of Completion; the City Council authorize payment of the final 10% retention in the amount of $53,472.29 to All American Asphalt. The total final construction contract cost for the project is $534,722.86. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2004-2005 (CIP NO. 7001), AND THE ANNUAL SIDEWALK REPAIR PROJECT, FY 2004-2005 (PROJECT NO. 402-6235) 9. Recommendations: 9.a. Adopt resolution; RESOLUTION NO. 05-92 - 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 Annual Major Maintenance Project, FY 2004-2005 (CIP No. 7001), and the Annual Sidewalk Repair Project, FY 2004-2005 (Project No. 402-6235) City Council Meeting Agenda September 6, 2005 Page 4 of 6 9.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) 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 9.c. Assuming no claims or stop payment notices are filed, it is further recommended that thirty-five (35) days after the date of recordation of the Notice of Completion; the City Council authorize payment of the final 10% retention in the amount of $58,169.41 to Hardy & Harper, Inc. The total final construction contract cost for the project is $581,694.14. 10. AWARD OF CONTRACT FOR CONSTRUCTION OF THE RED HILL AVENUE/OLWYN DRIVE PEDESTRIAN ENHANCEMENT PROJECT (CIP NO. 4067) Recommendations: 10.a. Approve a supplemental appropriation of $30,000.00 from the unappropriated Motor Vehicle Registration Subvention Fund to the Red Hill Avenue/Olwyn Drive Pedestrian Enhancement Project (CIP No. 4067); and 10.b. Award the construction contract for the Red Hill Avenue/Olwyn Drive Pedestrian Enhancement Project (CIP No. 4067) to Elite Bobcat Service, Inc. the lowest responsible bidder in the amount of $149,500.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 11. RECORDS DESTRUCTION - CITY MANAGER'S OFFICE Recommendation: Adopt resolution. RESOLUTION NO. 05-96 - 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 Manager's Office 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 12. LEGISLATIVE REPORT - SENATE BILL 660 (KUEHL) Senate Bill 660 would dramatically restrict the ability of police officers to question juvenile victims, witnesses and suspects on school grounds. Recommendation: Take a position opposing SB 660 (Kuehl) City Council Meeting Agenda September 6, 2005 Page 5 of 6 REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 13 and 14). 13. LEGISLATIVE REPORT - EMINENT DOMAIN Earlier this year the U. S. Supreme Court issued a ruling regarding the right of states to enact laws governing the exercise of the eminent domain power. The ruling in Kelo v. City of New London (Connecticut) reaffirmed that state legislatures have the constitutional right to regulate use of eminent domain. Recommendation: Pleasure of the City Council. 14. BURGLARY AND ROBBERY ALARM ORDINANCE The proposed ordinance sets forth regulations governing the installation, operation, and maintenance of residential and commercial burglary and robbery alarm systems within the City, to require permits of alarm users, and to establish penalty authority for false alarms. Existing City ordinances do not adequately support either an effective false alarm prevention program or adequate recovery of the cost of providing emergency response services for false alarm calls. Recommendation: ordinance: Introduce and have first reading by title only of the following ORDINANCE NO. 1302 - An ordinance of the City Council of the City of Tustin, California, Repealing Ordinance Nos. 633, 663, 825, 830, 875, and 1029; and adding Chapter 9 to Article 6 of the Tustin City Code regarding regulation of Burglary and Robbery Alarm Systems SECOND PUBLIC INPUT - Refer to First Public Input for information. OTHER BUSINESS - City Manager, City Attorney, City Council COMMITTEE REPORTS - City Council ADJOURNMENT - The next regular meeting of the City Council is scheduled for September 19, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. City Council Meeting Agenda September 6, 2005 Page 6 of 6