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Home My WebLink AboutCC MINUTES 2007 05 15MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA MAY 15, 2001 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers Doug Davert and Jim Palmer Absent: Tony Kawashima City Clerk: Maria R. Huizar, Chief Deputy Others Present: William A. Huston, City Manager and Doug Holland, City Attorney PUBLIC INPUT- None CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 (b) - 2 Cases B. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF LITIGATION pursuant to Government Code Section 54956.9 (c) - 2 Cases C. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Kristi Recchia, Director of Human Resources and Linda Jenson Employe Organization: Tustin Police Officers Association (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Tustin Police Management Association (TPMA) RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 6:58 p.m. City Council reconvened in public session. City Council Meeting May 15, 2007 Minutes Page 1 of 7 PUBLIC MEETING CALL TO ORDER - 7:03 p.m. INVOCATION - Khoi Phan, St. Cecilia's Church PLEDGE OFALLEGIANCE -Mayor Pro Tem Amante ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Jer Amante Councilmembers Doug Davert, Tony Kawashima, and Jim Palmer Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Mana er and Dou Holland City Attorney CLOSED SESSION REPORT- Nothing to report PRESENTATIONS • Certificates of Recognition presented by Mayor Bone to Tyler Albertson Riley Hales*, Ben Holland, Curt Lockhart, Tyler Robinson*, and Stephen Michael Tjan in attainment of the Eagle Scout designation (* not in attendance) • Presentation by Alan Murphy, Executive Director of John Wayne Airport regarding Airport Expansion Project • Presentation by Karen Roper, Executive Director of the Orange County Office on Aging. Senior Center Supervisor Marilyn Esposito indicated that current facility is operating at capacity. Council expressed interest in expanding senior housing to accommodate increase in population and include results of ULI Study to identify key areas of the City for such projects. In response to questions by Council, City Manager Huston indicated that senior programming, at the Tustin Legacy site will be evaluated in coming year. FIRST PUBLIC INPUT- None CONSENT CALENDAR ITEMS - It was moved by Councilmember Davert, seconded by Councilmember Palmer, to approve Consent Calendar items. Motion carried 5-0. 1. APPROVAL OF MINUTES -REGULAR AND SPECIAL MEETINGS OF MAY 1 AN D MAY 7, 2007 City Council Meeting May 15, 2007 Minutes Page 2 of 7 Motion: Approve the Minutes of the Regular and Special City Council Meetings held May 1, 2007 and May 7, 2007. * Kawashima abstain on May 7,2007 City Council Minutes. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $1,559,155.38 and $601,658.48; and Payroll in the amount of $682,491.94. 3. PLANNING ACTION AGENDA -MAY 8, 2007 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 May 8, 2007. 4. CONSIDERATION OF CLAIM OF MARILYN ELLIS, CLAIM NO.07-09 Motion: Deny Claim Number 07-09, Marilyn Ellis, and direct Staff to send notice thereof to the Claimant. 5. CONSIDERATION OF CLAIM OF ROBERT ELLIS, CLAIM NO.07-10 Motion: Deny Claim Number 07-10, Robert Ellis, and direct Staff to send notice thereof to the Claimant. 6. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) Motion: 6.a. Adopt resolution, and direct the City Clerk to: RESOLUTION N0.07-02 - 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 Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CI P No. 7118) City Council Meeting May 15, 2007 Minutes Page 3 of 7 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 6.b. 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 a payment of the final retention in the amount of $85,141.50 to Sequel Contractors, Inc. The total final construction contract cost for the project is $3,971,012.00. 7. APPROVAL OF AMENDMENT NO. 12 TO COOPERATIVE AGREEMENT NO. C-95-993 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROJECTS FUNDED BY MEASURE M Motion: Approve Amendment No. 12 to Cooperative Agreement No. C-95- 993 with the OCTA, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 8. AGREEMENT WITH ATS COMMUNICATIONS TO PREPARE CITYWIDE CELLULAR WIRELESS TELECOMMUNICATIONS MASTER PLAN The City Council previously authorized retaining ATS Communications to identify potential cell towers on City-owned sites and to negotiate leases on behalf of the City for sites approved by the City Council. Once the technical analysis of cell coverage and potential new sites is completed, the City Council will review the results and provide direction concerning lease sites. Motion: Authorize the City Manager to execute the attached agreement with ATS Communications subject to non-substantive modifications to the agreement as approved by the City Manager and City Attorney. REGULAR BUSINESS ITEMS 9. SET DATE FOR FISCAL YEAR 2007-08 BUDGET WORKSHOP Staff is requesting that the City Council schedule a Budget Workshop for Fiscal Year 2007-08. The draft budget will be submitted to the City Council prior to the budget workshop. Set June 12th at 4:00 p.m. for the FY 2007/08 Budget Workshop. City Council Meeting May 15, 2007 Minutes Page 4 of 7 PUBLIC HEARING ITEM 10. CONTINUED PUBLIC HEARING ITEM: MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE 07-001) MCAS Tustin Specific Plan Amendment (Zone Change 07-001} is proposed by Tustin Legacy Community Partners, LLC. If approved, Zone Change 07- 001 would allow tandem parking in residential developments and compact spaces in non-residential developments and would specify their required dimensions. Zone Change 07-001 would not increase the overall development potential or residential capacity currently allowed by the MCAS Tustin Specific Plan. On March 27, 2007, the Planning Commission recommended that the City Council approve Zone Change 07-001.On April 3 and April 17, 2007, the City Council considered Zone Change 07-001 and continued the item to allow staff to address on-street parking issues brought forward during the public hearing. Applicant: Tustin Legacy Community Partners, LLC. (TLCP} Staff report presented by Elizabeth Binsack, Director of Community Development. Council discussion ensued. Expressed interest in restricting time uses on guest parking. Neighborhood G has mixed-use areas that would allow more flexibility. Suggested disclosure to future homebuyers regarding parking regulations. Council requested ability to re-address parking restrictions in the future, possibly tentative tract map phase, or as needed. Public hearing opened at 8:05 p.m. Ms. Elizabeth Cobb addressed the Council. TLCP would be in agreement with guest parking restrictions. The hearing closed at 8:09 p.m. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amate, to Re-introduce and have first reading by title only of Ordinance No. 1335 approving Zone Change 07-001 and set for second reading at the Council's next scheduled meeting. Motion carried 5-0. ORDINANCE NO. 1335 - An ordinance of the City Council of the City of Tustin, adopting MCAS Tustin Specific Plan Amendment (Zone Change 07-001) to amend various sections of the MCAS Tustin Specific Plan City Council Meeting May 15, 2007 Minutes Page 5 of 7 11. CITY COUNCIL- LEGISLATIVE REPORTS The following legislative items will be discussed by the City Council. • SB1016 (Wiggins) regarding legislation that would require biennial rather than annual solid waste diversion reports to the California Integrated Waste Management Board (CIWMB). Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to submit letter of support. Motion carried 5-0. • SB1020 (Padilla) regarding legislation increase the waste diversion requirements from 50% to 75% by January 1, 2012. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to submit letter of oppose. Motion carried 5-0. SECOND PUBLIC INPUT- None OTHER BUSINESS AND COMMITTEE REPORTS Councilmember Palmer: • Congratulate Eagle Scouts and Teachers of the Year nominated. Councilmember Davert: • OCFA report-busy fire season and attended promotion ceremony • Recognized Jeff Hetchel, OCFA Chaplain in dealing with recent tragedy that took 3 small children's lives in an auto accident last week; • OC Sanitation District (OCSD) had groundbreaking ceremony at Rialto Bio-Solids Facility Center that will convert solids to energy; also successfully completed labor negations with 6 bargaining units; • Will be going to Sacramento with OCSD on May 30th will be pushing 3 legislative items - funding of Secondary Treatment Center, fixing Santa Ana River Scepter Line and pushing design build legislation; • Chili-Cook Off on June 3rd; • Police Open House on Saturday, June 9th; • Police Promotion Ceremony on June 6th; • Will be attending Teacher of the Year ceremony on Thursday, May 24th; and • Congratulated John Nielsen and wife Erin on recent award by PTA/PTO Association for outstanding volunteer efforts at Tustin High School. City Council Meeting May 15, 2007 Minutes Page 6 of 7 Mayor Pro Tem Amante: • Spoke on OCTA bus drivers strike efforts; • Reported that Congresswoman Loretta Sanchez had pulled support for Toll Road expansion, but lobbying will continue to support mobility; • Congratulated Planning Commission on recent appointments and election of Brett Floyd as Chair and re-appointment of John Nielsen; • Suggested walking tour of Old Town Tustin with staff and Planning Commissioners for opportunity to have on-site meeting to discuss historic structures and improvements; • Budget Season in full swing - attended OCTA & TSA budget workshops and City's workshop scheduled for next month; • Will be attending Teacher of the Year dinner on Thursday, May 24th; • Old Town Promenade and Garden Show on Saturday, May 19 ; • Chili Cook Off on June 3rd; and • Will miss Police Promotion Ceremony, but will attend Open House. Mayor Bone: • Commented on Metrolink labor negotiations, approved 3.5% increase in salaries; • Serving on OCTA Quiet Zone Committee; • MAGLEV Task Force Business Plan approved; reviewing 2 station locations in Los Angeles; • June 8th will be State of the City Address; and • Chili Cook-Off on June 3rd ADJOURNED - 8:26 p.m. -The next regular meeting of the City Council is scheduled for Tuesday, June 5, 2007 in the Council Chamber, 300 Centennial Way, Tustin, California LOU BONE, Mayor PAMELA STOKER, City Clerk -- City Council Meeting May 15, 2007 Minutes Page 7 of 7