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Home My WebLink About02 MINUTES 06-05-06 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA MAY 15, 2006 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen (5:32 p.m.); Councilmembers Jerry Amante, and Lou Bone Absent: Tony Kawashima 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 . Russell vs. City of Tustin B. 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 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. City Council Meeting Minutes May 15, 2006 Page 1 of 6 PUBLIC MEETING CALL TO ORDER - 7:01 P.M. INVOCATION - Father John Block, St. Cecilia's Church PLEDGE OF ALLEGIANCE - Mayor Doug Davert ROLL CALL Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen; Councilmembers Jerry Amante, and Lou Bone Absent: Tony Kawashima City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney CLOSED SESSION REPORT - Nothing to report. PRESENTATIONS . Proclamation presented by Mayor Davert to Fire Battalion Chief Craig Kinoshita regarding Drowning Prevention and Awareness Summer . Proclamation presented by Mayor Davert to Joann Paige Ruden on her retirement as Executive Director of the Tustin Public Schools Foundation . Presentation by Police Chief Scott Jordan, Lieutenant Celano, and Chaplain Lee Lescano of the Salvation Army on the Tustin Police Chaplain Program FIRST PUBLIC INPUT . Cathy Sipia, Rehana Amer, Traci Fahimi, Amy Henson, Mykaela Garcia, Rantz Hoseley, Dilan Fahimi, Phil Adams, Nathan Menard and Gloria Turtenwald spoke in opposition to Cathy's Kids Club relocation. . Mathew Mitroff spoke on rent control. PUBLIC HEARING 1. TENTATIVE PARCEL MAP NO. 2006-103: 1412 AND 1432 EDINGER AVENUE (SBC/PACIFIC BELL) Tentative Parcel Map 2006-103 is a request to create a condominium map on an existing 3.99 acre parcel to accommodate a 66,579 square foot office complex, within two (2) 2-story office buildings at 1412 and 1432 Edinger Avenue, also known as Lot 2 of Lot Line Adjustment (Owner: SBC/Pacific Bell). City Council Meeting Minutes May 15, 2006 Page 2 of 6 Legal Notice was published in the Tustin News The public hearing opened at 7:53 p.m. There were no public speakers and the hearing closed at 7:53 p.m. Motion: It was moved by Mayor Pro Tem Hagen, seconded by Councilmember Bone, to adopt resolutions. Motion carried 4-0 (Kawashima absent). RESOLUTION NO. 06-58 - A resolution of the City Council of the City of Tustin, California, finding that pursuant to Public Resources Code Section 2116 and Section 15168(c) of State CEQA guidelines the project is within the scope of the final environmental impact report and supplement #1 of the Pacific Center East Specific Plan and that all applicable mitigation measures have been incorporated into the project as required by the California Environmental Quality Act RESOLUTION NO. 06-59 - A resolution of the City Council of the City of Tustin approving Tentative Parcel Map 2006-103 to create a map for condominium purposes to accommodate a 66,579 square foot office development at 1412 and 1432 Edinger Avenue, also known as lot 2 of Lot Line Adjustment 05-02 CONSENT CALENDAR - It was moved by Councilmember Bone, seconded by Mayor Pro Tem Hagen, to approve items 2 through 10. Motion carried 4-0 (Kawashima absent). 2. APPROVAL OF MINUTES - REGULAR MEETING OF MAY 1,2006 Motion: Approve the Regular City Council Meeting Minutes of May 1, 2006. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $1 ,226,446.63 and $666,033.99; Paid immediately in the amount of $405.71; Reversal in the amount of $938.26; and Payroll in the amount of $623,437.81. 4. PLANNING ACTION AGENDA- MAY 8, 2006 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Motion: Ratify the Planning Commission Action Agenda of May 8, 2006. 5. CONSIDERATION OF CLAIM OF ALEC HUANG, CLAIM NO. 06-11 City Council Meeting Minutes May 15, 2006 Page 3 of 6 Motion: Deny Claim No. 06-11, Alec Huang, and direct staff to send notice thereof to the Claimant. 6. CONSIDERATION OF CLAIM OF CHRIS KOSLOSKY, CLAIM NO. 06-06 Motion: Deny Claim No. 06-06, Chris Koslosky, and direct staff to send notice thereof to the Claimant. 7. AMENDMENT TO CONTRACT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES Motion: Approve and execute an amendment to the contract between All City Management Services, Inc. and the City of Tustin to provide 31,155 hours of school crossing guard service for the 2006-2007 school year. 8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR 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) Motion: 8.a. Adopt resolution; RESOLUTION NO. 06-46 - 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 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) 8.b. Authorizing the recordation of the Notice of Completion, and direct the City Clerk to: 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 8.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 $51,730.12 to Silvia Construction, Inc. The total final construction contract cost for the project is $517,301.17. City Council Meeting Minutes May 15, 2006 Page 4 of 6 9. APPROVAL OF SUPPLEMENTAL TO AGREEMENT FOR THE INSTALLATION OF FULL DEPTH CONCRETE CROSSING SURFACE WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) FOR THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT - PHASE 1 (CIP NO. 7130) Motion: Approve the Supplemental to Agreement for the Installation of Full Depth Concrete Crossing Surface with the Burlington Northern and Santa Fe Railway Company (BNSF) for the Valencia Avenue crossing east of Del Amo Avenue in conjunction with the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project - Phase I (CIP No. 7130), and authorize the Mayor and City Clerk to execute the document on behalf of the City. 10. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS This report transmits two John Wayne Airport Noise Abatement Quarterly Reports for the third and fourth quarters of 2005. The average noise level measured at monitoring station NMS 10N, located at Columbus Tustin Middle School, remained relatively the same during the third and fourth quarters. Average noise levels during both quarters remained below the City, County, and State criteria of 65 dB Community Noise Equivalent level (CNEI) for residential uses. Motion: Receive and file report. REGULAR BUSINESS 11. ORDINANCE ADOPTING CITY LOGO AND SEAL The proposed ordinance will ensure that the Logo and the Seal are consistently and legally used whenever they appear. Motion: It was moved by Mayor Pro Tern Hagen, seconded by Councilmember Bone, to introduce and have first reading by title only of the following ordinance. Motion carried 4-0 (Kawashima absent). ORDINANCE NO. 1312 - An ordinance of the City of Tustin, California, adding Part 4 to Chapter 2, Article 1 of the Tustin City Code regarding the City Seal and Logo 12. CITY COUNCIL - LEGISLATIVE UPDATES (AB 2987 and HR 5252) Administrative Services Manager Joe Meyers provided summary report on AB2987 and HR5252. Requested opposition of both bills at the next meeting. Del J. Heintz, Comcast representative, spoke in support of franchise agreements. City Council Meeting Minutes May 15, 2006 Page 5 of 6 Council discussion ensued. Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem Hagen, to forward a letter of opposition on AB2987 and HR5252 to state legislators. Motion carried 4-0 (Kawashima absent). SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Councilmember Amante: . Reported that the State Legislature voted to remove authority from Transportation Corridor Agency on the construction of the 241 Toll Road extension through the San Onofre state park and requested that this item be agendized for consideration at next Council meeting; and . Invited everyone to attend Chili Cook-Off on June 4th. Councilmember Bone: . Graffiti on the rise around the City; . Water Advisory Committee of Orange County report, water usage was up 642 acre feet; . Southern California Association of Governrnents held a general assembly in Long Beach, received updates on federal transportation and immigration issues and tour of Long Beach Port; . Orange County League of Cities State of California's Big 5 briefing on $37.3 billion infrastructure bonds; and . Met with Executive Director of Orange County Transportation Authority to discuss Measure M, extension of 57 freeway, tunnel and parking at Metrolink station. Mayor Pro Tem Hagen: . Asked about lack of parking at Metrolink Station; and . Staff provided update on Lemon Tree Park bid process. Mayor Davert: . City's population grew to 71,767; . Tustin Public Schools Foundation dinner tomorrow night to recognize Teachers of the Year; . Toured Tustin Legacy, grading and construction in progress; . Airport noise of concern with the impending expansion of John Wayne Airport; and . Measure M issue to be considered at June 5th meeting. ADJOURNED - 8:30 P.M. - Next meeting scheduled for June 5, 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 City Council Meeting Minutes May 15, 2006 Page 6 of 6