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Home My WebLink About06 MINUTES 09-19-05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA SEPTEMBER 6, 2005 Agenda Item 6 Reviewed: JJt 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 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 Neqotiators: Christine Shingleton, Assistant City Manager and Clayton Gautz, Special Legal Counsel. Neqotiators for Tustin Leqacy Community Partners: Jack Lindquist, and Richard Douglass. R. Godard, Susan Under Neqotiation: Price and Terms of Payment. PUBLIC MEETING CALL TO ORDER - 7:00 P.M. INVOCATION - Councilmember Amante City Council Meeting Minutes September 6, 2005 Page 1 of 8 PLEDGE OF ALLEGIANCE - Boys Scouts ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Council members 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 - Nothing to report. FIRST PUBLIC INPUT - Billy Hall, Audrey Swearengen, Paula McGee, Susan Moore, and Shirley Morgan of Tustin Village Mobile Home Park spoke on rent stabilization. Michael Shrode representing Tustin Police Officers Association addressed the Council on upcoming labor negotiation issues. PUBLIC HEARINGS 1. CODE AMENDMENT 05-002 - CULTURAL RESOURCES ADVISORY COMMITTEE 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. Public hearing opened at 7:22 p.m. There were no public speakers and the hearing closed at 7:22 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Hagen, to 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 Motion carried 5-0. City Council Meeting Minutes September 6, 2005 Page 2 of 8 2. CONTINUE PUBLIC HEARING - ESTABLISHING A COMPREHENSIVE SCHEDULE OF FEES, INCLUDING MODIFICATION OF CERTAIN FEES Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to continue the public hearing for this item to the September 19, 2005 Council meeting. Motion carried 5-0. CONSENT CALENDAR - Agenda items 5 and 12 were pulled for separate discussion. It was moved by Councilmember Amante, seconded by Councilmember Hagen, to approve Consent Calendar items 3, 4 and 6 through 11 as recommended by staff. Motion carried 5-0. 3. APPROVAL OF MINUTES - REGULAR MEETING OF AUGUST 15 ,2005 Motion: Approve the Regular City Council Meeting Minutes of August 15, 2005. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: 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. Mayor Bone requested an update on CUP 04-008. Director of Community Development Binsack reported the item had been continued so the applicant could prepare a traffic study. Motion: It was moved by Mayor Bone, seconded by Mayor Pro Tem Davert, to ratify the Planning Commission Action Agenda of August 22, 2005. Motion carried 5-0. 6. FINAL PARCEL MAP NO. 2004-256: 14001 & 14011 NEWPORT AVENUE AND 770 EL CAMINO REAL Motion: 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 City Council Meeting Minutes September 6, 2005 Page 3 of 8 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 Motion: 7.a. 7.b. 7.c. 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; 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 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. Motion: 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 City Council Meeting Minutes September 6, 2005 Page 4 of 8 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. 9. 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) Motion: 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) 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) Motion: 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, City Council Meeting Minutes September 6, 2005 Page 5 of 8 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 Motion: 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. Mayor Pro Tem Davert asked if SB660 had "died". City Manager Huston confirmed it had. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to table this item. Motion carried 5-0. REGULAR BUSINESS 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. Mayor Bone asked staff for status. City Manager Huston replied AB 1162 was the only bill pending. Council discussion ensued. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to have staff monitor bill. Motion carried 5-0. 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 City Council Meeting Minutes September 6, 2005 Page 6 of 8 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. Police Chief Jordan presented staff report. Motion: 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: 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 Motion carried 5-0. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Councilmember Amante: Congratulations to Police Chief and department on receiving 4 star ranking; Infrastructure is necessary to meet demands of thousands of new homes being built in Orange County; Attended grand re-opening of Chamber of Commerce; and Sunday was the commemoration of terrorist attacks on September 11. Council member Kawashima: Requested information on City's Emergency Preparedness Program at future Council meeting; and Would like to determine if City can establish senior mobile home park rent control. Councilmember Hagen: Heart goes out to all residents of Tustin Village Mobile Home Park with rent increase, would like to discuss at future council meeting; Welcomed Rafael to Tustin, a foreign exchange student from Brazil living with her family, . Visited Stanley Park in Vancouver with beautiful pathways and wide bike trails, compared with Linear Park to be built at Tustin Legacy; and Daughter Jaimee going away to college this weekend. Mayor Pro Tem Davert: Spoke about press coverage on achievements and congratulated Tustin Police Department; Broadway in the Park "Fiddler on the Roof" was a wonderful event; City Council Meeting Minutes September 6, 2005 Page 7 of 8 Santa Cop program was this coming weekend; Attended Enderle Center Car Show last weekend; Visited Desert Ridge shopping center in Arizona, Tustin Legacy's shopping center will be modeled after it; and Requested Orange County Vector Control District seat be placed on next agenda. Mayor Bone: Met with Ruben Barrales, Deputy Assistant to the President and discussed Army Reserve issue at Tustin Legacy; Attended pre grand-opening of Fire Dance restaurant at Enderle Center; Went on Police ride-along over the weekend, appreciated time spent with officers; and During his trip to East Europe discovered traffic, housing and gas price issues are similar to U.S. ADJOURNMENT - 7:46 P.M. - The next regular meeting of the City Council was scheduled for September 19, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. City Council Meeting Minutes September 6, 2005 Page 8 of 8