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Home My WebLink AboutCC MINUTES 2006 02 21 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA FEBRUARY 21, 2006 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen; Council members Jerry Amante, Lou Bone, and Tony Kawashima Absent: None City Clerk: Maria R. Huizar, Chief Deputy City Clerk Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) AAE vs. City of Tustin B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 - One (1) case. C. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - The City Council shall confer with the City Attorney regarding the potential initiation of litigation, pursuant to subdivision (c) of Government Code Section 54956.9 - one (1) case. D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: 305 East Main Street Negotiators: Assistant City Manager Christine Shingleton (City) and Cathy Sipia of Cathy's Kids Club Under Negotiation: Acquisition City Council Meeting Minutes February 21,2006 Page 1 of 7 E. 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 Negotiators: Christine Shingleton, Assistant City Manager and Clayton Gantz, Special Legal Counsel. Negotiators for Tustin Leqacy Community Partners: Les Thomas, Richard Douglass, Simon Whitmey, and Jack Godard. Under Neqotiation: Price and Terms of Payment. RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 7:01 p.m. City Council reconvened in public session. PUBLIC MEETING CALL TO ORDER - 7:01 P.M. INVOCATION - Father AI Baca, St. Cecilia's Church PLEDGE OF ALLEGIANCE - Councilmember Bone ROLL CALL Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen; Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney CLOSED SESSION REPORT - Nothing to report. City Council Meeting Minutes February 21, 2006 Page 2 of 7 PRESENTATION . Adrian Morton of Tustin Pride Committee presented "State of the Pride" FIRST PUBLIC INPUT - Dana Jean Smith and Timolin Burke spoke in opposition to the cease to desist order at Legal Ease, Inc. at 1077 E. Main Street, Tustin PUBLIC HEARING 1. TENTATIVE PARCEL MAP 2005-240: 2552 WALNUT AVENUE (PACIFIC POINTE PROPERTIES) Tentative Parcel Map 2005-240 is a request to create a condominium office complex with eleven (11) suites within an existing 33,669 square foot two-story office building developed on a 2.176-acre site located at 2552 Walnut Avenue Applicant: Pacific Pointe Properties, LLC Public hearing opened at 7:18 p.m. There were no public speakers and the hearing closed at 7:19 p.m. Motion: It was moved by Council member Bone, seconded by Councilmember Kawashima, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 06-26 - A resolution of the City Council of the City of Tustin approving Tentative Parcel Map 2005-240 to create a parcel for condominium purposes and multiple suites within an existing two-story office building located at 2552 Walnut Avenue CONSENT CALENDAR - Mayor Davert pulled Item No. 13 and Mayor Pro Tem Hagen pulled Item No. 11 for separate discussion. It was moved by Council member Bone, seconded by Mayor Pro Tem Hagen, to approve Consent Calendar items 1 through 10, 12, 14, and 15 as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES - REGULAR MEETING OF FEBRUARY 6, 2006 Motion: Approve the Regular City Council Meeting Minutes of February 6, 2006. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $746,536.32 and $512,723.23; Reversals in the amount of $63,137.99; and Payroll in the amount of $566,688.82 and $573,982.69. City Councii Meeting Minutes February 21, 2006 Page 3 of 7 4. PLANNING ACTION AGENDA- FEBRUARY 13, 2006 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Motion: Ratify the Planning Commission Action Agenda of February 13 2006. 5. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE TUSTIN RANCH ROAD REHABILITATION BETWEEN 1-5 FREEWAY AND BRYAN AVENUE (CIP NO. 7179), AND THE TUSTIN RANCH ROAD REHABILITATION BETWEEN WALNUT AVENUE AND 1-5 FREEWAY (CIP NO. 7180) Motion: Adopt resolution. RESOLUTION NO. 06-28 - A resolution of the City Council of the City of Tustin, California approving plans and specifications for the Tustin Ranch Road rehabilitation between 1-5 Freeway and Bryan Avenue (CIP No. 7179), and the Tustin Ranch Road rehabilitation between Walnut Avenue and 1-5 Freeway (CIP No. 7180), and authorizing advertisement for bids 6. AUTHORIZE STAFF TO SOLICIT BIDS FOR REPLACEMENT OF TWO (2) DUMP TRUCKS Motion: Authorize City staff to advertise and solicit bids for two (2) ten (10) wheel dump trucks. 7. AWARD OF CONTRACT FOR MAIN STREET WELL NO.4 REHABILITATION PROJECT (CIP NO. 6157) Motion: Award the construction contract for the Main Street Well No.4 Rehabilitation Project (CIP No. 6157), to General Pump Company, Inc., the lowest responsible bidder, in the amount of $96,700.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 8. CONSULTANT SERVICES AGREEMENT FOR CONSTRUCTION OVERSIGHT AND INSPECTION SERVICES FOR PHASE I OF THE DISTRICT (VESTAR I KIMCO TUSTIN) OFF SITE BACKBONE INFRASTRUCTURE AT TUSTIN LEGACY (PARK AVENUE AND PORTIONS OF WARNER AVENUE, BARRANCA PARKWAY, NORTH LOOP ROAD, AND TUSTIN RANCH ROAD) Motion: City Councii Meeting Minutes February 21,2006 Page 4 of 7 8.a. Approve a Consultant Services Agreement with Jacobs Civil, Inc. to provide construction oversight and inspection services for construction of Phase I of The District Off Site Backbone Infrastructure at Tustin Legacy $1,746,377 .00, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City, subject to approval as to form by the City Attorney; and 8.b. Appropriate $205,626.00 from the Tustin Legacy Redevelopment Agency Fund to CIP No. 7169 (The District at Tustin Legacy) for the construction oversight services on this project. 9. APPROVAL OF CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES WITH RW BECK FOR ZONE 3 LIANE I VALHALLA I HIGHVIEW WATER LINE Motion: Direct the Mayor and the City Clerk to execute the contract documents on behalf of the City with RW Beck subject to City Attorney approval as to form. 10. APPROVAL OF CONSULTANT SERVICES AGREEMENT WITH KATZ AND ASSOCIATES FOR CONSTRUCTION OUTREACH SERVICES FOR THE RAWLINGS RESERVOIR REPLACEMENT PROJECT (CIP NO. 6136) Motion: Approve the Consultant Services Agreement between Katz & Associates and the City for construction relations services for a not-to-exceed fee of $76,715.00, and authorize the Mayor and the City Clerk to execute the Consultant Services Agreement on behalf of the City. 11. AUTHORIZATION TO AWARD A BID FOR THE TUSTIN TODAY BROCHURE PRINTING AND GRAPHICS Mayor Pro Tem Hagen requested information on awarding bids to Tustin based companies. Director of Parks and Recreation Sanchez indicated that when percentage difference is slight, preference is given to City based companies. Motion: It was moved by Mayor Pro Tem Hagen, seconded by Councilmember Bone, to award a contract to Light Source Printing and Graphics of Santa Ana, CA, in the amount of $5,189.00 per quarter for 35,000 copies of a 20-page brochure. Motion carried 5-0. 12. LEGISLATIVE REPORT - AB 618 -IDENTITY THEFT (CODGILL) Assembly Bill 618 will add photos of a suspect to the list of information that law enforcement officials can request when investigating an identity theft or fraud crime. Motion: That the City Council support AB618 (Codgill) City Council Meeting Minutes February 21, 2006 Page 5 of 7 13. Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem Hagen, to continue consideration of item to the March 6, 2006 Council meeting. Motion carried 5-0. 14. DECLARATION OF SURPLUS EQUIPMENT Motion: Declare two sweepers as surplus and not required for public use in accordance with the Tustin City Code, Section 1626 and authorize the Public Works Department to sell the sweepers either through consignment or at public auction. 15. CONSIDERATION OF CLAIM OF MATTHEW & SYLVIA DANIELlAN, CLAIM NO. 05-47 Motion: Deny Claim No. 05-47, Matthew & Sylvia Danielian, and direct Staff to send notice thereof to the Claimants. REGULAR BUSINESS 16. SET INTERVIEW DATE FOR AUDIT COMMITTEE, PARKS AND RECREATION, AND PLANNING COMMISSION VACANCIES Motion: It was moved by Council member Bone, seconded by Councilmember Amante, to set March 6, 2006 at 5:00 p.m. as a Special Meeting to conduct interviews to fill vacancies on the Audit Committee, Parks and Recreation, and on the Planning Commission due to term expirations. Motion carried 5-0. SECOND PUBLIC INPUT - Patti Winter, Chamber of Commerce representative, invited all to attend special meeting tomorrow at 7:30 a.m. at the Chamber of Commerce office where Sheldon Pines of Transportation Corridor will speak. OTHER BUSINESS / COMMITTEE REPORTS Councilmember Amante: Reported that Councilmember Bone will attend TCA meeting on Thursday, February 23rd where the certification of EIR for 241 Toll Road extension and selection of alternate route will be discussed; and Last week attended meeting on Measure M and expressed concern with lack of details in the plan. City Council Meeting Minutes February 21, 2006 Page 6 of 7 Council member Bone: SCAG report on Maglev Rail approved engineering study for various stations. Mayor Pro Tem Hagen: Reported that on behalf of OCFA will be accepting gift of 10 hybrid vehicles for use in the Agency; and Spoke on energy sharing specifically solar panels in new construction. Mayor Davert: Met with North Tustin Advisory Committee on water well project; Gave tour of City Hall to Cub Scout groups; Thanked Community Development for report on projects taking place throughout the City; and . Adjourn Council Meeting in memory of Ann Means, writer for the Tustin News. ADJOURNMENT - 7:31 p.m. - Adjourned meeting to March 6, 2006 at 5:30 p.m. for Closed Session and 7:00 p.m. for Regular Session in the Council Chamber, 300 Centennial Way, Tustin, California Adjourned in memory of Ann Means DOUG DAVERT Mayor PAMELA STOKER City Clerk City Councii Meeting Minutes February 21, 2006 Page 7 of 7