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Home My WebLink AboutCC MINUTES 2005 11 21 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA NOVEMBER 21, 2005 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Absent: City Clerk: Others 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 PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH REAL PROPERTY Government Code Section 54956.8 NEGOTIATOR pursuant to 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, 3D, 31 and portions of Reuse Plan Disposal Parcel 40. City Neqotiators: Christine Shingleton, Assistant City Manager and Clayton Gantz, Special Legal Counsel. Neqotiators for Tustin Leqacv Community Partners: Jack R. Godard, Susan Lindquist, and Richard Douglass. Under Neqotiation: Price and Terms of Payment. B. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Aqencv Neqotiator: Employee Orqanization: Linda Jenson Tustin Municipal Employees Association (TMEA) City Council Meeting Minutes November 21, 2005 Page 1 of6 C. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957 - City Attorney RECESS - At 5:30 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 7:00 p.m. City Council reconvened in public session. PUBLIC MEETING CALL TO ORDER - 7:00 P.M. INVOCATION - Mayor Pro Tem Davert PLEDGE OF ALLEGIANCE - Boy Scouts Troop #118 ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Council members Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Maria Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: CLOSED SESSION REPORT - Appoint Doug Holland as City Attorney FIRST PUBLIC INPUT - None PRESENTATIONS Proclamation presented by Mayor Bone to City Attorney Lois Jeffrey on the occasion of her retirement. CONSENT CALENDAR - It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima, to approve Consent Calendar items 1 through 7 as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER 7,2005 Motion: Approve the Regular City Council Meeting Minutes of November 7, 2005. City Council Meeting Minutes November 21, 2005 Page 2 of 6 2. 3. 4. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $1,127,148.82 and $1,725,682.25; and Payroll in the amount of $527,282.50. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE RED HILL AVENUE WIDENING PROJECT AT THE 1-5 FREEWAY (CIP NO. 7133) Motion: 3.a. Adopt resolution. RESOLUTION NO. 05-110 - 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 Red Hill Avenue Widening Project at the 1-5 Freeway (CIP No. 7133) 3.b. Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion; and 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 $217,022.87 to Banshee Construction Company, Inc. The total final construction contract cost for the project is $2,170,228.71. 1. 2. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE MAIN STREET WELL NO.4 REHABILITATION PROJECT (CIP NO. 6157) Motion: Adopt resolution. RESOLUTION NO. 05-109 - A resolution of the City Council of the City of Tustin, California approving Plans and Specifications for the Main Street Well No.4 Rehabilitation Project (CIP No. 6157), and authorizing advertisement for bids APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2005-2006 (CIP NO. 7001); THE ANNUAL SIDEWALK REPAIR PROJECT, FY 2005-2006 (PROJECT NO. 402-6235); AND THE WILLIAMS STREET IMPROVEMENT PROJECT (CIP NO. 7187) November 21, 2005 Page30f6 City Council Meeting Minutes Motion: Adopt resolution. RESOLUTION NO. 05-113 - A resolution of the City Council of the City of Tustin, California approving Plans and Specifications for the Annual Major Maintenance Project, FY 2005-2006 (CIP No. 7001); the Annual Sidewalk Repair Project, FY 2005-2006 (Project No. 402-6235); and the Williams Street Improvement Project (15600) (CIP No. 7187); and authorizing advertisement for bids 6. MILLS ACT PROGRAM HISTORIC PROPERTY AGREEMENT FOR 170 N. A STREET (SHERRI GUST) PRESERVATION Motion: Adopt resolution. RESOLUTION NO. 05-112 - A resolution of the City Council of the City of Tustin, California, authorizing the City Manager or authorized designee to coordinate, process, and execute the Historic Property Preservation Agreement attached hereto as Exhibit I with the owners of the property located at 170 North A Street, Tustin, California 7. RESOLUTION ALLOWING CLOSURE OF PORTION OF JAMBOREE AND PORTOLA PARKWAY FOR RUN FOR OC MARATHON ON JANUARY 8,2006 Motion: Adopt resolution. RESOLUTION NO. 05-115 - A resolution of the City Council of the City of Tustin, authorizing the Temporary Closure and Re-Routing of traffic onto and over Jamboree Road and Portola Parkway on January 8, 2006 between 6:00 a.m. and 12:00 p.m. REGULAR BUSINESS 8. MISS TUSTIN SCHOLARSHIP FUNDING REQUEST The Miss Tustin Scholarship Pageant is requesting a $2,500 donation from the City Council to support the 2006 pageant. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to donate $2,500 to the Miss Tustin Scholarship Pageant. Motion carried 4-1 (Bone Opposed). 9. TRANSFER OF OWNERSHIP AND CONTROL OF THE CABLE TELEVISION FRANCHISE FROM COMCAST TO AN INDIRECT SUBSIDIARY OF TIME WARNER CABLE INC. City Council Meeting Minutes November 21, 2005 Page 4 of 6 Mayor Bone requested the following wording be added to the resolution: Section 7. Within 7 years from the closing of the Proposed Transaction, C- NATIVE shall submit to the Community Development Director for approval pursuant to Part 6 of Chapter 2 of Title 7 of the Tustin City Code (commencing with Section 7260) a program for replacing and/or upgrading the cable television system's above ground cabinets within the public right-of-way, including the undergrounding, camouflaging, and/or screening of pedestals. The program shall require C-NATIVE to complete the replacement and/or upgrade of all of its above ground cabinets within 7 years of the program's approval. Mayor Pro Tem Davert and Councilmembers Hagen, Amante and Kawashima, indicated they would not support amendment because of expected cost increase to residents. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Hagen, to adopt Resolution No. 05-116 as presented by staff. Motion carried 4-1 (Bone opposed). RESOLUTION NO. 05-116 - A resolution of the City Council of the City of Tustin, State of California, consenting to the transfer of ownership and control of the Cable Television Franchise from Comcast Corporation to an indirect subsidiary of Time Warner Cable Inc. and approving the assignment of the programming agreement associated thereto subject to the conditions hereof SECOND PUBLIC INPUT - None. OTHER BUSINESS / COMMITTEE REPORTS Council member Amante: Wished all a Happy Thanksgiving. Councilmember Kawashima: Trader Joe's opened last Friday, compact parking spots too narrow; . Wished Mayor Pro Tem Davert a speedy recovery from surgery; Invited everyone to the Tree Lighting Ceremony on December 2, 2005; and Requested update on Library Expansion project in the beginning of the year. Council member Hagen: Parking problem at Trader Joe's, suggested compact spaces not be approved in the future; and Orange County Vector Control District rejected the second reading of an ordinance that would have granted employees 2.7% at 55 retirement plan. City Council Meeting Minutes November 21 , 2005 Page50f6 Mayor Pro Tem Davert: Orange County Vector Control District was proposing a 62% pension hike, residents should be aware; and Hoped everyone enjoys the Thanksgiving holiday. Mayor Bone: Supervisor Bill Campbell indicated that widening of 55 freeway was removed from further consideration by Orange County Transportation Authority; Metrolink Holiday Train event on November 27,2005; Tree Lighting ceremony at Peppertree Park on December 2nd; Metrolink adding 25 new trains to Tustin tracks, requested safety zone update; and Wished all a Happy Thanksgiving. ADJOURNMENT - At 7:32 p.m. adjourned City Council Meeting to Monday, December 5, 2005, at 5:30 p.m. for Closed Session, with the regular meeting commencing at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. +Æ/l'-' ~ City Clerk LOU BONE, Mayor City Council Meeting Minutes November 21 , 2005 Page 6 of 6