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HomeMy WebLinkAbout04 CC ActnAgnds 11/7, 21, DEC 5 ITEM #4 œ Report to the Planning Commission DATE: DECEMBER 12, 2005 SUBJECT: CITY COUNCIL ACTION AGENDAS NOVEMBER 7, NOVEMBER 21 AND DECEMBER 5, 2005 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS: CITY COUNCIL ACTION AGENDAS NOVEMBER 7, NOVEMBER 21 AND DECEMBER 5, 2005 ACTION AGENDA OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA NOVEMBER 7, 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 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 NeQotiators: Christine Shingleton, Assistant City Manager and Clayton Gantz, Special Legal Counsel. NeQotiators for Tustin Leqacy Community Partners: Jack R. Godard, Susan Lindquist, and Richard Douglass. Under Neaotiation: Price and Terms of Payment. B. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 B.1. AQency Neaotiator: Linda Jenson Employee Orqanization: Tustin Municipal Employees Association (TMEA) City Council Meeting Action Agenda November 7,2005 Page 1 of 7 B.2. Aqencv Neqotjator: Linda Jenson Employee Orqanization: Tustin Police Officers Association (TPOA) B.3. AQencv Neaotiator: Linda Jenson Employee Orqanization: Tustin Police Support Service Association (TPSSA) B.4. Aqencv Neaotiator: Linda Jenson Emplovee Orqanization: Tustin Police Management.Association (TPMA) C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9; one (1) case, Claim of Heirs of Richard Alvarado. The claim may be reviewed in the City Clerk's office D. CONFERENCE WITH LEGAL COUNSEL~-EXISTING LITIGATION Pursuant to subdivision (a) of Government Code Section 54956.9, the City Attorney will confer with the City Council regarding pending litigation to which the City is a Party, City of Tustin v. Delmas Jackson, etc., et. al.; OCSC Case No. 03CC06743 PUBLIC MEETING CALL TO ORDER - 7:00 P.M. INVOCATION - Father Alfred S. Baca PLEDGE OF ALLEGIANCE - Councilmember Hagen ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tam 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 - Rejected claim of heirs of Richard Alvarado and directed staff to send notice thereof to claimants and their attorneys. Motion carried 5-0. FIRST PUBLIC INPUT - Billy C. Hall inyited all to attend Veteran's Day parade on Sunday, Noyember 13, 2005 at 1 p.m. City Council Meeting Action Agenda November 7, 2005 Page 2 of 7 PRESENTATIONS 1. Presentation on 2006/2007 Grand Jury and selection process by the Honorable Judge David A. Hoffer 2. Cheçk Presentation by Glenn !Kashima of Tustin Toyota in the amount of $10,000 for the Library Expansion Project 3. Presentation by Tony Rahiminan of RMC Inc. on Major Investment Study for OCTA 4. Presentation by Moníca Simpson of SW A and Redmond Schwartz Mark on the Tustin Legacy Master Identification Signage concept Motion: Work with consultants and developer on final sign concept. CONSENT CALENDAR - Mayor Bone pulled item 8 for separate discussion. It was moved by Councilmember Hagen, seconded by Councilmember Kawashima, to approve Consent Calendar items 1 through 7 and 9 through 11 as recommended by staff. Motion carried 5- O. 1. APPROVAL OF MINUTES - REGULAR MEETING OF OCTOBER 17, 2005 AND SPECIAL MEETING OF OCTOBER 24, 2005 Motion: Approve the Regular City Council Meeting Minutes of October 17, 2005 and Special Meeting Minutes of October 24, 2005. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $750,569.52; $1,157,921.64; and $1,195,532.29; Reversals in the amount of $1,930.94; and Payroll in the amount of $561,851.72. 3. CONSIDERATION OF CLAIM OF CHARLES W. SUTTON, CLAIM NO. 05-43 Motion: That the City Council deny Claim No. 05-43, Charles W. Sutton, and direct staff to send notice thereof to the claimant. 4. PLANNING ACTION AGENDA - OCTOBER 24, 2005 , All actions of the Plannin9 Commission become final unless appealed by the City Councilor member of the public. Motion: Ratify the Planning Commission Action Agenda of October 24, 2005. City Council Meeting Action Agenda November 7,2005 Page 3 of 7 5. POLICE VEHICLE PURCHASE Motion: 5.a. 5.b. s.c. S.d. Authorize the purchase of a 2006 Dodge Grand Caravan from Lasher Dodge in Sacramento, CA in the amount of $19,414.46 (tax and state fee included); Authorize the purchase of a 2006 Dodge Durango from Lasher Dodge in Sacramento, CA in the amount of $22,526.52 (tax and state fee included); Authorize the purchase of a Cheyrolet Crew Cab Mini Pickup from Maita Chevrolet in Elk Grove, CA in the amount of $18,368.58 (tax and state fee included); and Authorize the purchase of a Ford Explorer from Folsom Lake Ford in Folsom, CA in the amount of $21 ,957.74 (tax and state fee included). 6. SALE OF SURPLUS CRIME SCENE INVESTIGATION VEHICLE Motion: 6.a. 6.b. Declare surplus the 2002 Ford E-4S0 box ~ruck, identified as Police Department Unit 3440 and approve the sale of said vehicle to North Las Vegas Police Department in the amount of $67,500.00; and Approve the use of funds obtained from the sale of the CSI Vehicle for the purchase of two (2) replacement vehicles for the Police Department. 7. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD - TIRE DERIVED PRODUCT GRANT APPLICATION Motion: Adopt resolution. RESOLUTION NO. 05-107 - A resolution of the City Council of the City of Tustin, California, approving an application to the California Integrated Waste Management Board for a Tire-Derived Product Grant 8. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS Mayor Bone stated the noise complaints had lessened and complimented staff. Motion: It was moved by Mayor Bone, seconded by Councilmember Hagen, to receive and file reports. Motion carried 5-0. 9. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE City Council Meeting Action Agenda November 7. 2005 Page 4 of 7 THE NOTICE OF COMPLETION FOR THE PHASE V REGIONAL TRAIL PROJECT (CIPNO. 7085) Motion: 9.a. Adopt resolution; RESOLUTION NO. 05-108 ~ 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 Phase V Regional Trail Project (CIP No. 7085) 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 one hundred eighty (180} .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 $16,770.88 to Environmental Construction, Inc. 10. APPROVAL OF PIPELINE LICENSE NOS. 05-24468, 05-28639, AND 05-28641 BETWEEN THE CITY OF TUSTIN AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY FOR THE EDINGER AVENUE WATER MAIN REPLACEMENT PROJECT (CIP NO. 6147) AND FOR THE NEWPORT AVENUE EXTENSION/SA-55 RAMP RECONFIGURATION PROJECT (CIP NO. 7130) Motion: Approve Pipeline License Nos. 05-28468, 05-28639, and 05-28641 between the City of Tustin and the Burlington Northern and Santa Fe Railway Company (BNSF) for the construction and maintenance of a domestic water line across the BNSF right-of-way on Edinger Avenue, and the construction and maintenance of a sanitary sewer line and storm drain line across the BNSF right-of way on Valencia Avenue. and authorize the Mayor and City Clerk to execute the three licenses on behalf of the City. 11. PROJECT FUNDING FOR THE MOTOR VEHICLE SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM REGtSTRA TION Motion: 11.a. Authorize the use of City AB2766 funds tor the Red Hill Ayenue/Olwyn Drive City Council Meeting Action Agenda November 7 J 2005 Page 5 of 7 and First Street Pedestrian Enhancement Projects; 11.b. Authorize the use of City AB2766 funds to offset the cost to purchase a radar controller driyer feedback sign; and 11.c. Authorize the City Manager to approve additional AB2766 expenditures, consistent with Air Quality Management District guidance, throughout the 2005/2006 program year as needed. REGULAR BUSINESS 12. APPOINTMENT ON THE HISTORIC RESOURCES COMMITTEE One position on the Historic Resources Committee is vacant due to the resignation of Carol Tink Fox; the term expiration for position is July 21, 2008. The City advertised the vacancy in the City's website and in the Tustin News. Linda E. Smith submitted an application for consideration. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Hagen, to appoint Linda E. Smith to the Historic Resources Committee to a term expiring July 21, 2008. Motion carried 5-0. 13. NOVEMBER 8, 2005 STATEWIDE SPECIAL ELECTION - BALLOT MEASURES Council encouraged everyone to vote at the upcoming election. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Councilmember Amante: . Attended groundbreaking of Prospect Village in Old Town, very excited, great addition to Old Town; . Attended breakfast hosted by Advanced Technology Education Park, bringing hi-tech education to Tustin; . Orange County Transportation Authority and Riverside County Transportation Commission MIS meeting discussed studies on arterial highways and transportation; and Dino Dash on Sunday was well attended, thanked staff and the Foundation for their hard work. Councilmember Kawashima: . Commenied on upcoming dedication for Orange County Sheriff training center at Tustin Legacy; and Dino Dash was a successful event. City Council Meeting Action Agenda November 7,2005 Page 6 of 7 Councilmember Hagen: Encouraged everyone to vote tcimorrow. Mayor Pro Tem Dayert: Helping Beckman High Music Department to raise funds at dinner auction; . Announced the opening of Trader Joe's on November 18; Dino Dash was a great success and thanked Police and Field Services for help; Participated in Police ride-along on Friday; Orange County Sanitation District recently had management change and the County Auditor would be reviewing financial records; and Invited all to vote tomorrow. Mayor Bone: . Water Advisory Committee of Orange County report - Tustin's water conservation this month is 117 acre feet; low flow shower heads and ultra low flush toilets recommended; Attended first Metrolink meeting in Los Angeles - discussed quiet zones; . Santa Ana track crossing enforcement concerns at Red Hill and at Ritchey; . Santa Claus holiday train is coming to Tustin train station on November 27; . Ground breaking on Noyember 9th of Rancho Santiago College Law Enforcement Academy at MCAS Base; and Miss Tustin pageant requesting funding for next year. ADJOURNMENT - 8:11 p.m. - The next regular meeting of the City Council was scheduled for November 21, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. City Council Meeting Action Agenda November 7, 2005 Page 7 of 7 ACTION AGENDA OF THE REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY TUSTIN, CALIFORNIA NOVEMBER 7, 2005 CALL TO ORDER 8:11 p.m. ATTENDANCE Present: Chair Lou Bone, Chair Pro Tem Doug Davert, Agency Members Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Pamela Stoker William A. Huston, Executive Director and Lois Jeffrey, City Attorney Absent Recording Secretary: Others Present: PUBLIC INPUT - None CONSENT CALENDAR - It was moved by Agency Member Amante, seconded by Chair Pro Tem Davert, to approve Consent Calendar item 1 as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - REGULAR MEETING OF OCTOBER 17,2005 Motion: Approve the Redevelopment Agency Minutes of October 17, 2005. ADJOURNMENT - 8:12 p.m. - The next regular meeting of the Redevelopment Agency is scheduled for November 21, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. . Community Redevelopment Agency Meeting Action Agenda November 7, 2005 Page 1 of 1 ACTION AGENDA OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA NOVEMBER 21, 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 REAL PROPERTY NEGOTIATOR pursuant to Goyernment 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 Parcels4,5,6,7,8, 13, 14, 15, 16, 17,25,26,27, 28, 29, 30, 31 and portions of Reuse Plan Disposal Parcel 40. City Neqotiators: Christine Shingleton, Assistant City Manager and Clayton Gantz, Special Legal Counsel. Neqotiators for Tustin Leqacy Community Partners: Jack R. Godard, Lindquist, and Richard Douglass. Susan Under Negotiation: Price and Terms of Payment. B. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Aqency Neqotiator: Employee Oraanization: Linda Jenson Tustin Municipal Employees Association (TMEA) CIty Council Meeting Action Agenda November 21, 2005 Page 1 of 6 C. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957 - City Attorney 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, Councilmembers Jerry Amante, Tracy Worley Hagen, and Tony Kawashim~ 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: Approye the Regular City Council Meeting Minutes of November 7, 2005. 2. 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. . City Council Meeting Action Agenda November 21, 2005 Page 2 of 6 3. 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. 3.b. 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) 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 $217,022.87 to Banshee Construction Company, Inc. The total final construction contract cost for the project is $2,170,228.71. 4. 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 5. 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) 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 City Council Meeting Action Agenda November 21, 2005 Page 3 of 6 Repair Project, FY 2005-2006 (Project No. 402-6235); and the Williams Street Improyement 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 MoUon: 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 Portela 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 moyed 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. Mayor Bone requested the following wording be added to the resolution: 7. Within [120 days] [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 City Council Meeting Action Agenda November 21, 2005 Page 4 of 6 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-NA TIVE to complete the replacement and/or upgrade of all of its above ground cabinets within [2 years] [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 Councilmember 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 compàct spaces not be approved in the future; and . Orange County Vector Control District rejected the second reading of an ordinance that would have granted public employees 2.7% at 55 retirement plan. Mayor Pro Tem Dayert: . Orange County Vector Control District is proposing a 62% pension hike, residents should.be aware; and Hoped everyone enjoys the ThanksgiYing holiday. Mayor Bone: . Supervisor Bill Campbell indicated that widening of 55 freeway was remoyed from further consideration by Orange County Transportation Authority; . Metrolink Holiday Train eyent on November 27, 2005; City Council Meeting Action Agenda Novernber21,2005 Page 5 of 6 . 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 - 7:32 p.m. - The next regular meeting of the City Council was scheduled for December 5, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. City Council Meeting Action Agenda November 21 , 2005 Page 6 of 6 ACTION AGENDA OF THE REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY TUSTIN, CALIFORNIA NOVEMBER 21, 2005 CALL TO ORDER 7:32 p.m. ATTENDANCE Present: Chair Lou Bone, Chair Pro Tem Doug Davert, Agency Members Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Maria Huizar, Chief Deputy City Clerk William A. Huston, Executive Director and Lois Jeffrey, City Attorney Absent: Recording Secretary: Others Present: PUBLIC INPUT - None CONSENT CALENDAR - It was moyed by Chair Pro Tern Davert, seconded by Agency Member Amante, to approve item 1 as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER 7,2005 Motion: Approve the Redevelopment Agency Minutes of November 7, 2005. ADJOURNMENT - 7:33 p.m. - The next regular meeting of the Redevelopment Agency was scheduled for December 5, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. Community Redevelopment Agency Meeting Action Agenda November 21 , 2005 Page 1 of 1 ACTION AGENDA OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA DECEMBER 5, 2005 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Council members Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Maria R. Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Douglas C. Holland, City Attorney Absent: City Clerk: Others Present: PUBLIC INPUT - None CLOSED SESSION ITEMS 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 Gantz, Special Legal Counsel. Neqotiators for Tustin Leqacv Community Partners: Jack R. Lindquist, and Richard Douglass. Godard, Susan Under NeQotiation: Price and Terms of Payment. B. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 B.1. Aqencv Neqotiator: Linda Jenson . Emplovee Orqanization: Tustin Municipal Employees Association (TMEA) City Council Meeting Action Agenda December 5, 2005 Page 1 of 8 B.2. Aqency Neqotiator: Linda Jenson Employee Oraanization: Tustin Police Officers Association (TPOA) B.3. Aaency Neaotiator: Linda Jenson Employee Orqanization: Tustin Police Support Service Association (TPSSA) 8.4. Aqencv Neqotiator: Linda Jenson Emplovee Orqanization: Tustin Police Management Association (TPMA) City Attorney Holland announced that the need to take immediate action arose subsequent to the posting of the Agenda and the following item must be added to the Closed Session Agenda. (Requires a 2/3 yote). Motion carried 5-0. C CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) regarding Juan Garcia vs. the City of Tustin RECESS - At 5:32 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 - Council member Amante PLEDGE OF ALLEGIANCE - Councilmember Hagen ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Doug Dayert, Councilmembers Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Pamela Stoker William A. Huston, City Manager and Douglas C. Holland, City Attorney Absent City Clerk: Others Present: CLOSED SESSION REPORT - No action taken out of Closed Session. FIRST PUBLIC INPUT - Linda Jennings, Tustin Area Council for Fine Arts to sponsor 1st City Council Meeting Action Agenda December 5, 2005 Page 2 of 8 Mayor's Inaugural Dinner on January 12, 2006, inyited all to attend. CONSENT CALENDAR - It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to approve Consent Calendar items 1 through 15 as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER 21, 2005 Motion: Approve the Regular City Council Meeting Minutes of November 21 , 2005. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $541,317.70 and $600,052.97; and Payroll in the amount of $588,282.09. 3. 2006 LOCAL APPOINTMENTS LIST Motion: Approve the 2006 Local Appointment List for the Planning Commission; Parks and Recreation Commission; Historic Resources Committee; and the Audit Committee and post as required by law. 4. CANCELLATION OF DECEMBER 19, REDEVELOPMENT AGENCY MEETINGS 2005 CITY COUNCIL AND Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council and Redevelopment Agency meetings of December 19, 2005 and that the City Council hereby waives notice of said meetings as required by the goyernment code. 5. 2004-2005 ANNUAL REPORT - REDEVELOPMENT AGENCY Motion: 5.a. Receive and File an annual report of housing activity for 2004-2005; and 5.b. Direct that a copy of an annual report of housing actiYity for 2004-2005 and all reporting documentation and forms be filed with the State Controller and State Department of Housing and Community Development. 6. AWARD OF CONTRACT FOR CONSTRUCTION OF THE NEWPORT AVENUE REHABILITATION PROJECT (CIP NO. 7165), THE SYCAMORE AVENUE SIDEWALK ENHANCEMENT PROJECT (CIP NO. 7185), AND THE WALNUT AVENUE SIDEWALK ENHANCEMENT PROJECT (CIP NO. 7186) City Council Meeting Action Agenda December 5. 2005 Page 3 of 8 Motion: 6.a. 6.b. Approve a supplemental appropriation of $170,000 from the unappropriated Gas Tax Fund to the Newport Avenue Rehabilitation Project between Sycamore Ayenue and McFadden Avenue (CIP No. 7165); and Award the construction contract for the Newport Ayenue Rehabilitation Project between Sycamore Avenue and McFadden Avenue (CIP No. 7165), the Sycamore Avenue Sidewalk Enhancement Project (CIP No. 7185), and the Walnut Avenue Sidewalk Enhancement Project (CIP No. 7186) to Silvia Construction, Inc., the lowest responsible bidder in the amount of $531,605.80, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 7. AWARD OF CONTRACT FOR INSTALLATION OF A WICK IRRIGATION SYSTEM ON JAMBOREE ROAD - PHASE II (CIP NO. 1538) Motion: Award the construction contract for the installation of a Wick Irrigation System on Jamboree Road - Phase II (CIP No. 1538) to TruGreen Landcare the low bidder, in the amount of $95,000, and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE AL TADENA DRIVE/PASADENA AVENUE PEDESTRIAN ENHANCEMENTS PROJECT (CIP NO. 4063) 8. Motion: 8.a. 8.b. Adopt resolution; and RESOLUTION No. 05-114 - A resolution of the City Council of the City of Tustin, California, accepting the works of improyement and authorizing the recordation of the Notice of Completion for the construction of the Altadena Drive/Pasadena Ayenue Pedestrian Enhancements Project (CIP No. 4063) 1. Release the Labor and Materials Bond not sooner than thirty-fiye (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 $16,355.83 to Elite Bobcat Service, Inc. The total final construction contract cost for the project is $163,558.28. City Council Meeting Action Agenda December 5, 2005 Page 4 of 8 9. 10. 11. 12. 13. APPROVAL OF AMENDMENT NO. 11 TO COOPERATIVE AGREEMENT NO. C- 95-993 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROJECTS FUNDED BY MEASURE M Motion: Approve Amendment No. 11 to Cooperative Agreement No. C-95-993 with the OCT A, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. APPROVAL OF AMENDMENT NO.1 TO CONSULTANT SERVICES AGREEMENT WITH TETRA TECH, INC. FOR RAWLINGS RESERVOIR REPAIR AND REPLACEMENT PROJECT (CIP NO. 6136) Motion: Approve the change order in the amount of $166,519 for the first amendment to the Consultant Services Agreement between Tetra Tech, Inc. and the City for additional engineering design services for the Rawlings Reservoir Repair and Replacement Project (CIP No. 6136) and authorize the City Manager and the Director of Public Works to execute the amended Consultant Services Agreement on behalf of the City, subject to City Attorney approval. DECLARATION OF SURPLUS EQUIPMENT Motion: 11.a. Declare the listed equipment surplus and not required for public use. 11.b. Authorize staff to sell/haye auctioned serviceable equipment of value and dispose of assets beyond repair. MILLS ACT PROGRAM HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 163 NORTH A STREET (BRUCE L. AND LAURA E. SIRIANI) Motion: Adopt resolution. RESOLUTION NO. 05-119 - 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 163 North A Street, Tustin, California AUTHORIZATION FOR THE STATE TO PURCHASE ONE CAB AND CHASSIS TRUCK The purchase of this truck is for the replacement of an existing 1983 Ford flatbed City Council Meeting Action Agenda December 5, 2005 Page 5 of 8 in the street department. This truck will increase the efficiency of the street department's ability to respond to an emergency and minimize the vehicle maintenance cost. Motion: Adopt resolution. RESOLUTION NO. 05-120 - A resolution of the City Council of the City of Tustin, California authorizing the Department of General SeNices of the State of California to purchase certain items 14. APPROVAL OF AN ADVANCE AND REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF TUSTIN AND RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT Motion: Approve the Advance and Reimbursement Agreement between the City of Tustin and Rancho Santiago Community College District for the early installation of a segment of the Warner Avenue Storm Drain Facility, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City, subject to modifications by the City Attorney. 15. CONSIDERATION OF CLAIM OF STEPHANIE LEUPOLD, CLAIM NO. 05-45 Motion: That the City Council deny Claim No. 05-45, Stephanie Leupold, and direct staff to send notice thereof to the claimant. REGULAR BUSINESS 16. SPHERE OF INFLUENCE UPDATE FOR THE EAST ORANGE COUNTY WATER DISTRICT (EOCWD) Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to authorize the Mayor to send the attached draft letter to the Local Agency Formation Commission. The letter indicated the City is opposed to the suggestion made by EOCWD to LAFCO that EOCWD assume control of the City's water system. Motion carried 5-0. 17. MAYOR AND MAYOR PRO TEM SELECTION Mayor Bone highlighted the past year: New Police Department Chief, Scott Jordan Ground breaking at Tustin Legacy Ground breaking of Tustin Fields II Valencia Ayenue Improvements Prospect Village ground breaking Started on Olson housing project Sears Essential opening City Council Meeting Action Agenda December 5, 2005 Page 6 of 8 Trader Joes opening Parks Assessment at Tustin Legacy project completed Tot Lot projects completed Ground breaking of sheriff's academy by Rancho Santiago College Motion: It was moved by Councilmember Hagen, seconded by Councilmember Kawashima, to nominate Doug Dayert as Mayor and close the nomination for position. Motion carried 5-0. Mayor Bone declared that Doug Davert is the new Mayor. Mayor Davert presided over the meeting. Mayor Davert presented plaque to outgoing Mayor Bone. Orange County Board of Supervisor Bill Campbell presented Lou Bone with a Certificate of Recognition for his efforts as Mayor. Mayor Dayert outlined future priorities of the City: Agreement with Tustin Unified School District for school sites at Tustin Legacy, Tustin Library project, Neighborhood improvements in mid-town, southeast area of City and in and around Tustin High School, and Police programs underway. Motion: It was moved by Mayor Davert, seconded by Councilmember Amante, to nominate Councilmember Hagen as Mayor Pro Tem and close the nomination for position. Motion carried 5-0. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Councilmember Amante: . Congratulated Councilmember Bone on outstanding year of service as Mayor and all his accomplishments; . Congratulated Mayor Davert and Mayor Pro Tem Hagen and wished them well; and . Orange County Vector Control update, plans to resuscitate retirement plan were withdrawn thanks in large part to efforts by Mayor Davert. Councilmember Kawashima: . Congratulated Mayor Davert on election as Mayor; and . Looked forward to Library ground breaking this coming year. Councilmember Bone: . Southern California Association of Governments, Orange County Transit District submitted draft for amendment to 2004 Regional Transportation Plan which will remoye Centerline project and Yorba Linda Metrolink train station from plan. Mayor Pro Tem Hagen: City Council Meeting Action Agenda December 5, 2005 Page 7 of 8 . Congratulated Councilmember Bone as past Mayor, did an outstanding job; Thanked City Manager, executive directors, and city staff for professionalism and accomplishments, introduced new City Attorney Doug Holland; and Thanked family for support over past 11 years. . . Mayor Dayert: . Thanked everyone for support and invited all to reception. ADJOURNMENT - 7:34 p.m. - Adjourned meeting to Tuesday, January 3, 2006 at 5:30 p.m. for Closed Session and 7:00 p.m. for Regular Session at Council Chamber, 300 Centennial Way, Tustin, California NOTE: December 19, 2005 meeting cancelled. City Council Meeting Action Agenda December 5, 2005 Page 8 of 8 ACTION AGENDA OF THE REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY TUSTIN, CALIFORNIA DECEMBER 5, 2005 CALL TO ORDER 7:35 p.m. ATTENDANCE Present: Chair Lou Bone, Chair Pro Tern Doug Davert, Agency Members Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Pamela Stoker William A. Huston, Executive Director and Douglas C. Holland, City Attorney Absent: Recording Secretary: Others Present: PUBLIC INPUT - None CONSENT CALENDAR - It was moved by Chair Pro Tem Davert, seconded by Agency Member Hagen, to approve Agenda Items 1 through 3 as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER 21, 2005 Motion: Approye the Redeyelopment Agency Minutes of Noyember 21 , 2005. 2. CANCELLATION OF DECEMBER 19, REDEVELOPMENT AGENCY MEETINGS 2005 CITY COUNCIL AND Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council and Redevelopment Agency meetings of December 19, 2005 and that the City Council hereby waiyes notice of said meetings as required by the government code. 3. 2004-2005 ANNUAL REPORT Redevelopment Law requires that the Redevelopment Agency submit to the legislative body an annual report of housing actiYity for the preceding fiscal year. Motion: 3.a. Receive and file an annual report of housing activity for 2004-2005; and Community Redevelopment Agency Meeting Action Agenda December 5,2005 Page 1 of 2 3.b. Direct that a copy of an annual report of housing actiYity for 2004-2005 and all reporting documents and forms be filed with the State Controller and State Department of Housing and Community Development. REGULAR BUSINESS 4. CHAIR AND CHAIR PRO TEM SELECTION Motion: It was moved by Agency member Amante, seconded by Agency member Kawashima, to nominate Chair Pro Tern Davert as Chair and close the nomination for position. Motion carried 5-0. Chair Bone declared that Doug Daver:t is the new Chair. Motion: It was moved by Agency member Amante, seconded by Agency member Kawashima, to nominate Agency member Hagen as Chair Pro Tern and close the nomination for position. Motion carried 5-0. ADJOURNMENT - 7:38 P.M. - Adjourn meeting to Tuesday, January 3, 2006 at 7:00 p.m. for Regular Session at Council Chamber, 300 Centennial Way, Tustin, California NOTE: December 19, 2005 meetings will be cancelled. Community Redevelopment Agency Meeting Action Agenda December 5, 2005 Page 2 of 2