HomeMy WebLinkAboutCC MINUTES 2005 12 05
MINUTES 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
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.
City Neaotiators:
Christine Shingleton, Assistant City Manager and
Clayton Gantz, Special Legal Counsel.
Neaotiators for Tustin Leaacv Community Partners: Jack R. Godard,
Lindquist, and Richard Douglass.
Susan
Under Neaotiation:
Price and Terms of Payment.
B.
CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
B.1. Aaencv Neaotiator: Linda Jenson
Emplovee Oraanization: Tustin Municipal Employees Association (TMEA)
City Council Meeting
Minutes
December 5, 2005
Page 1018
B.2. Aaencv Neaotiator: Linda Jenson
Emplovee Oraanization: Tustin Police Officers Association (TPOA)
B.3. Aaencv Neaotiator: Linda Jenson
Emplovee Oraanization: Tustin Police Support Service Association (TPSSA)
B.4. Aaencv Neaotiator: Linda Jenson
Emplovee Oraanization: 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 vote). 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 - Councilmember Amante
PLEDGE OF ALLEGIANCE - Councilmember Hagen
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 Douglas C. Holland, City Attorney
Absent:
City Clerk:
Others Present:
CLOSED SESSION REPORT - No action taken out of Closed Session.
City Council Meeting
Minutes
December 5, 2005
Page 2 of 8
FIRST PUBLIC INPUT - Linda Jennings, Tustin Area Council for Fine Arts to sponsor 1st
Mayor's Inaugural Dinner on January 12, 2006, invited 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
government 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 activity 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
City Council Meeting
Minutes
December 5, 2005
Page 3 of 8
SIDEWALK ENHANCEMENT PROJECT (CIP NO. 7185), AND THE WALNUT
AVENUE SIDEWALK ENHANCEMENT PROJECT (CIP NO. 7186)
Motion:
6.a.
6.b.
7.
Approve a supplemental appropriation of $170,000 from the unappropriated
Gas Tax Fund to the Newport Avenue Rehabilitation Project between
Sycamore Avenue and McFadden Avenue (CIP No. 7165); and
Award the construction contract for the Newport Avenue 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.
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.
8.
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)
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 improvement and authorizing the
recordation of the Notice of Completion for the construction of the Altadena
Drive/Pasadena Avenue Pedestrian Enhancements Project (CIP No. 4063)
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
December 5, 2005
Page40f8
9.
10.
11.
12.
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.
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 Attomey 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/have 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, Califomia
City Council Meeting
Minutes
December 5, 2005
Page 5 of 8
13.
14.
15.
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
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 Services of the
State of California to purchase certain items
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.
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.
17.
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.
MAYOR AND MAYOR PRO TEM SELECTION
Mayor Bone highlighted the past year:
New Police Department Chief, Scott Jordan
Ground breaking at Tustin Legacy
City Council Meeting
Minutes
December 5, 2005
Page 6 of 8
Ground breaking of Tustin Fields II
Valencia Avenue Improvements
Prospect Village ground breaking
Began development of Olson housing project
Sears Essential opening
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 Council member Hagen, seconded by Councilmember
Kawashima, to nominate Doug Davert 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 Davert 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 in progress.
Motion: It was moved by Mayor Davert, seconded by Councilmember Amante, to
nominate Council member 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.
Council member Kawashima:
Congratulated Mayor Davert on election as Mayor; and
Looked forward to Library ground breaking this coming year.
City Council Meeting
Minutes
December 5, 2005
Page70f8
Councilmember Bone:
Southern California Association of Governments, Orange County Transit District
submitted draft for amendment to 2004 Regional Transportation Plan which will remove
Centerline project and Yorba Linda Metrolink train station from plan.
Mayor Pro Tem Hagen:
Congratulated Council member 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 Davert:
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.
~
~
PAMELA STOKER,
City Clerk
DOUG
Mayor
City Council Meeting
Minutes
December 5, 2005
Page80f8