HomeMy WebLinkAboutCC MINUTES 2007 11 20MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
NOVEMBER 20, 2007
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; and
Councilmembers Doug Davert; Tony Kawashima; and Jim Palmer
Absent: None
City Clerk: Marcia Brown, Administrative Secretary
Others Present: Christine Shingleton, Assistant City Manager and Doug Holland, City
Attorney
PUBLIC INPUT -None
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL - EXPOSURE TO 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 LEGAL COUNSEL -EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a) to confer with legal counsel regarding
pending litigation to which the City is a party - 2 Cases
RECESS - At 5:30 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENE - At 6:59 p.m. City Council reconvened in public session.
PUBLIC MEETING
CALL TO ORDER - 7:00 p.m.
City Council Meeting November 20, 2007
Minutes Page 1 of 11
INVOCATION -Councilmember Jim Palmer
PRESENTATION OF THE COLORS AND PLEDGE OF ALLEGIANCE -Cub Scouts
Pack 804
ROLL CALL
Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers
Doug Davert, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: Christine Shingleton, Assistant City Manager and Doug Holland,
City Attorney
CLOSED SESSION REPORT -Nothing to report.
FIRST PUBLIC INPUT -None
CONSENT CALENDAR ITEMS -Mayor Bone pulled Item No. 3, Councilmember
Palmer abstained on same and Mayor Pro Tem Amante pulled Item No. 4 for separate
discussion. Mayor Bone abstained and Councilmember Kawashima voted no, on Item
No. 12. It was moved by Councilmember Davert, seconded by Mayor Pro Tem
Amante, to approve balance of consent calendar items as recommended by staff.
Motion carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 6, 2007
Motion: Approve the Minutes of the Regular City Council Meeting held
November 6, 2007.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $932,259.13, and $650,739.68;
Reversal in the amount of $257,061.99 and Payroll in the amount of
$642,605.24
3 PLANNING ACTION AGENDA ~ NOVEMBER 13,;.2007
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: It was moved by Mayor Bone, seconded by Councilmember Davert,
City Council Meeting November 20, 2007
Minutes Page 2 of 11
to appeal item no. 3 at the January 2008 City Council Meeting and ratify the
balance of the items on the Planning Commission Action Agenda of
November 13, 2007. Motion carried 4-0 (Palmer abstained).
4. AWARD OF CONTRACT FOR C{aNSTRUCTION OF THE TUSTIN LIBRARY
PROJECT (CIP NO. 1045
Bids for the Tustin Library Project (CIP No. 1045) have been received and a
construction contract is ready to be awarded.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Davert, to:
4.a. It is recommended that the City Council award the construction
contract Base Bid Item Number 1 and Alternate Bid Item Numbers A-1
through A-4 to GKK Works Construction Services, the lowest
responsible and responsive bidder, in the amount of $14,620,150.00,
and authorize the Mayor and the City Clerk to execute the contract
documents on behalf of the City.
4.b. Transfer $2,500,000 from the MCAS Tustin Redevelopment Project
Housing Set Aside Fund (fund 56), and $1,114,375 from the South
Central Project Areas Housing Set Aside Fund (53) to CIP project
number 1045.
Motion carried 5-0.
5. LOT LINE ADJUSTMENT NO. 2007-02: THE DISTRICT AT TUSTIN
LEGACY (VESTAR/KIMCO TUSTIN, L.P.)
The proposed Lot Line Adjustment is being requested by Vestar/Kimco
Tustin, L.P. to move an existing lot line to adjust the size of two (2) separate
parcels for development purposes.
Motion: Adopt resolution.
RESOLUTION NO. 07-66 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE
ADJUSTMENT NO. 2007-02
6. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS
FOR TRACT MAP NO. 16782 - CAMELLIA (LENNAR HOMES OF
CALIFORNIA, INC.)
All public improvements associated with Tract Map No. 16782 (Camellia)
City Council Meeting
Minutes
November 20, 2007
Page 3 of 11
have been completed. In addition, all monuments associated with the Tract
Map have been set, inspected and verified as complete. The Public Works
Department is now recommending acceptance of the public improvements
and release of the public improvement and monumentation bonds.
Motion: It is recommended that the City Council accept the public
improvements and release the following bonds in the indicated amounts:
Faithful Performance Bond (Bond No. 6373517) $ 20,000.00
Labor and Material Bond (Bond No. 6373517) $ 10,000.00
Monumentation Bond (Bond No. 6376516) . $ 4,760.00
7. SALARY AND BENEFITS RESOLUTION FOR EXECUTIVE MANAGEMENT
AND MANAGEMENT EMPLOYEES
Adoption of the attached Resolution will provide salary and benefit
adjustments for Executive Management and Management employees
pursuant to Council direction.
Motion: Adopt resolution.
RESOLUTION NO. 07-88 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND
BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT
AND MANAGEMENT EMPLOYEES, AND SUPERSEDING
RESOLUTION 07-22
8. SALARY AND BENEFITS RESOLUTION FOR SUPERVISORY
EMPLOYEES
Adoption of the attached Resolution will authorize salary and benefit
adjustments for unrepresented City employees designated as "Supervisory"
employees consistent with those salary and benefit parameters and/or
adjustments established for other City employee groups.
Motion: Adopt resolution.
RESOLUTION NO. 07-89 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND
BENEFITS FOR UNREPRESENTED SUPERVISORY EMPLOYEES
AND SUPERSEDING RESOLUTION 07-23
9. SALARY AND BENEFITS RESOLUTION FOR CONFIDENTIAL
EMPLOYEES
City Council Meeting November 20, 2007
Minutes Page 4 of 11
Adoption of the attached Resolution will authorize salary and benefit
adjustments for unrepresented City employees designated as "Confidential"
employees consistent with Council direction.
Motion: Adopt resolution.
RESOLUTION N0. 07-90 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND
BENEFITS FOR CONFIDENTIAL UNREPRESENTED EMPLOYEES,
AND SUPERSEDING RESOLUTION 07-24
10. SALARY RESOLUTION FOR PART-TIME EMPLOYEES
Adoption of the attached Resolution will authorize salary adjustments for
unrepresented part-time employee classifications.
Motion: Adopt resolution.
RESOLUTION NO. 07-91 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN RELATING TO SALARY FOR
UNREPRESENTED PART-TIME EMPLOYEE CLASSIFICATIONS
11. POLICE DEPARTMENT VEHICLE PURCHASES
Purchase one (1) 2008 Dodge Charger and one (1) 2008 Chevrolet Tahoe
police units to replace older model high mileage vehicles. Purchase one (1)
2008 Dodge Charger unmarked unit and one (1) 2008 Dodge Durango
unmarked unit to replace older model high mileage vehicles. Purchase three
(3) 2008 Harley Davidson police motorcycles to replace older model BMW
motorcycles. Award contract for police equipment conversion work for newly
purchased police units.
Motion: Approve the following purchases:
11.a. One (1) 2008 Dodge Charger (police package) from Moss Brothers
Dodge in Riverside, California in the amount of $24,046.70 (Including
tax and license).
11.b. One (1) 2008 Dodge Charger (unmarked unit) from Moss Brothers
Dodge in Riverside, California in the amount of $22,308.69 (Including
tax and license).
11.c. One (1) 2008 Dodge Durango (unmarked unit) from Hoblit Hayes
Dodge Chrysler in Woodland, California in the amount of $21,336.85
(including tax and license).
City Council Meeting November 20, 2007
Minutes Page 5 of 11
11.d. One (1) 2008 Chevrolet Tahoe (police package) from George
Chevrolet in Lakewood, California in the amount of $ 33,305.61
(including tax and license).
11.e. Three (3) 2008 Harley Davidson FLHTP-I police motorcycles from
Laidlaw Harley Davidson in Baldwin Park, California in the amount of
$62,970.75 (including tax). There will be an 800 MHz radio installation
cost of $2,436.00 per motorcycle from Orange County Sheriff
Communications (only known source) added to the cost. The grand
total for all three motorcycles is $70,104.74.
11.f. Police equipment conversion packages for the conversion of one (1)
2008 Dodge Charger marked police vehicle and one (1) Chevy Tahoe
marked police vehicle from North Star Electronics in Downey,
California in the amount of $22,693.08.
11.g. Authorize the Police Department to transfer Chevrolet Tahoe (retiring
unit 3401) to the civilian police fleet and retire Unit 3431 - 2002 Ford
Expedition from the civilian fleet as surplus.
12. ADOPT ORDINANCE 1343 -- APPEAL OF PLANNING COiVIMI~SlO'N
DENIAL OF CONDITIONAL USE PERMIT 06-024 AND DESIGN REVIEW
06-020, ZONE CHANGE 06.002, TENTATIVE TRACT MAP 17096
The project site consists of a 4.1-acre (net area) site currently developed with
60 apartment units. The project site is located at the southwest corner of
Mitchell Avenue and Browning Avenue (1972 Mitchell Avenue and 14251-
14351 Browning Avenue) within the Suburban Residential (R-4) zoning
district and High Density Residential General Plan land use designation (APN
432-342-30). Proposed Ordinance would rezone subject property.
Councilmember Kawashima noted his opposition on this item. Mayor Bone
abstained.
Motion: Have second reading by title only and adoption of Ordinance No.
1343 (roll call vote) or action as necessary.
ORDINANCE NO. 1343 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, ADOPTING ZONE CHANGE 06-002 TO
REZONE THE PROPERTY LOCATED AT 1972 MITCHELL AVENUE
AND 14251-14351 BROWNING AVENUE FROM SUBURBAN
RESIDENTAL (R-4) TO MULTIPLE FAMILY RESIDENTIAL (R-3)
ZONING CLASSIFICATION FOR DEVELOPMENT OF 77
CONDOMINIUM UNITS
Motion carried 3-1 (Bone abstained, Kawashima opposed).
City Council Meeting November 20, 2007
Minutes Page 6 of 11
13. ADOPT ORDINANCE 1344 - AN ORDINANCE OF THE CITY OF TUSTIN
ADOPTING BY REFERENCE VARIOUS CONSTRUCTION CODES WITH
AMENDMENTS AND APPENDICES
The State's Health and Safety Code requires local governments to adopt the
most recent editions of the model codes related to construction. The
construction codes include: the California Building, Plumbing, Mechanical,
and Electrical Codes, and other related codes. If the City Council approves
Ordinance No. 1344, the most recent editions of the construction codes with
the applicable amendments will be in effect within the City of Tustin as
required by State Law.
The 2007 State Building and Fire Codes are now based on the International
Building and Fire Codes, 2006 edition, and other related construction codes.
They are significantly changed from the 2001 state codes which were based
on the 1997 Uniform construction codes.
Motion: Have second reading by title only and adoption of Ordinance No.
1344 (roll call vote) or action as necessary.
ORDINANCE NO. 1344 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN AMENDING SPECIFIED CHAPTERS OF
ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT THE 2007
EDITIONS OF THE CALIFORNIA CODES AND RELATED MODEL
CODES WITH APPENDICES AND AMENDMENTS THERETO
14. ADOPT ORDINANCE 1345 - AN ORDINANCE OF THE CITY OF TUSTIN
ADOPTING BY REFERENCE THE CALIFORNIA FIRE CODE BASED ON
THE INTERNATIONAL FIRE CODE WITH AMENDMENTS AND
APPENDICES
The State's Health and Safety Code requires local governments to adopt the
most recent editions of the model codes related to construction. Ordinance
No. 1345 introduces the California Fire Code. If the City Council approves
Ordinance 1345, the Fire Code with applicable amendments will be in effect
within the City of Tustin as required by State law.
Motion: Have second reading by title only and adoption of Ordinance No.
1345 (roll call vote) or action as necessary.
ORDINANCE NO. 1345 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN AMENDING SPECIFIED SECTIONS OF
CHAPTER 1 OF ARTICLE 5 OF THE TUSTIN CITY CODE TO
ADOPT THE 2007 CALIFORNIA FIRE CODE AS AMENDED
THERETO
City Council Meeting November 20, 2007
Minutes Page 7 of 11
REGULAR BUSINESS ITEMS
15. MISS TUSTIN SCHOLARSHIP PAGEANT
The Miss Tustin Scholarship Pageant is requesting a $2,500 donation from the
City Council to support the 2008 pageant.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Davert, to donate 75% of the $2,500 requested by the Miss
Tustin Scholarship Pageant as recently approved by the City Council. Motion
carried 5-0.
16. CITRUS RANCH PARK PREFERRED DESIGN
Per the City Council directive of April 3, 2007, the Community Services
Commission is returning to the Council a recommended preferred design option
for the Citrus Ranch Park Project (CIP No. 2046), which is within the confines of
the CIP Budget and maintains the original intent of the park. Following City
Council approval, a staff report will be provided recommending Council
adoption of the resolution approving the Plans and Specifications for the project
and authorizing and directing the City Clerk to advertise for bids.
David Wilson, Acting Director of Parks and Recreation presented staff report.
Deborah Gavello and Linda Beck addressed the Council.
Council discussion ensued.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to approve the Citrus Ranch Park preferred design option as
recommended by the Community Services Commission. Motion carried 5-0.
17. PROPOSED AMENDMENTS TO THE AIRPORT ENVIRONS LAND USE
PLAN (AELUP) FOR JOHN WAYNE AIRPORT (JWA)
The Airport Land Use Commission (ALUC) of Orange County is in the process
of updating the Airport Environs Land Use Plan (AELUP) for the John Wayne
Airport (JWA). The City of Tustin has been provided with a copy of the
proposed amendments for review and comment. The ALUC staff have
requested comments by November 26, 2007, and are setting meetings with
affected jurisdictions. City staff will not be meeting with ALUC staff until
November 19, 2007, after which staff will have a better grasp on the potential
implications to the City and comments that should be included in a comment
letter.
City Council Meeting November 20, 2007
Minutes Page 8 of 11
Elizabeth Binsack, Community Development Director presented staff report.
Council requested information on the settlement agreement at future council
meeting.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to authorize the Mayor to sign and send a comment letter to the
ALUC when it is available. Motion carried 5-0.
18. CALIFORNIA VEHICLE CODE ENFORCEMENT ON PRIVATE ROADWAYS
Over the past year, residents located within private communities throughout the
City of Tustin have inquired about the police department's ability to enforce the
California Vehicle Code on private property. The requests for intervention by
the police department are the result of an increase in traffic related issues, such
as speeding and failing to stop for posted stop signs, along the private
roadways located within the community.
The proposed resolution would allow the police department to enforce the
California Vehicle Code within private communities in the City, following a
petition by a majority of the affected residents, a public hearing on the petition,
advanced written notice, and the proper posting of signage.
Scott Jordan, Police Chief presented staff report.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to adopt resolution.
RESOLUTION NO. 07-87 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE
ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE ON
PRIVATELY MAINTAINED ROADWAYS
Motion carried 5-0.
19. LEGISLATIVE REPORTS -None
SECOND PUBLIC INPUT -None
OTHER BUSINESS AND COMMITTEE REPORTS
Councilmember Kawashima:
City Council Meeting November 20, 2007
Minutes Page 9 of 11
• Wished all a happy Thanksgiving; and
• Adjourn meeting in memory of two individuals noted on agenda.
Councilmember Palmer:
• Wished all a happy Thanksgiving;
• Congratulated Tustin Community Foundation for a successful Mayor's Thanksgiving
Breakfast;
• Requested Community Services Commission develop and prioritize a park master
plan for consideration of council; and
• Requested job descriptions for commissioners.
Councilmember Davert:
• Condolences to Huston family on passing of City Manager's mother;
• Wished all a happy Thanksgiving;
• Congratulated Mayor on successful Mayor's Thanksgiving Breakfast;
• Invited all to attend annual Christmas Tree Lighting ceremony on November 30th; and
• Orange County Fire Authority report -inspected Santiago fire burnt area from ground
and air, discussed necessary precautions for upcoming rainy season; voted to
proceed with renewal of Joint Powers Agreement with City.
Mayor Pro Tem Amante:
• Condolences to City Manager William Huston and family;
• Wished all a happy Thanksgiving;
• Acknowledged Fire Chief and magnificent work of protecting community, also on
standby for possible Santa Ana wind conditions; and
• Commented on upcoming Christmas Tree Lighting ceremony;
• Congratulated Tustin Community Foundation's hard work for a fabulous Mayor's
Thanksgiving Breakfast; and
• Acknowledged members of Community Services Commission in attendance, thanked
them for work on parks, and looking out for community.
Mayor Bone:
• Attended meeting in Atlanta, Georgia to view test track on MAGLEV;
• Metrolink board -Santa train to arrive at 5:45 p.m. on December 16th, rail cars
delayed, quiet zone, noted number of claims pending;
• New pet hotel opening on December 1St;
• Oregon recently repealed similar law as Proposition 90 that was supported by Orange
County voters but defeated by the State;
• Public Utilities Commission Rule 21A changes regarding underground funding;
• Reappointed to State Policy committee on Transportation, Communications and
Public Works;
• New Illegal Taste Tax on alcoholic beverages by State Board of Equalization; and
• Announced retirement of SCAG director, Mark Pisano.
City Council Meeting November 20, 2007
Minutes Page 10 of 11
ADJOURNMENT - 8:14 p.m. The next meeting of the City Council is scheduled for
Tuesday, December 4, 2007 at 5:30 for Closed Session and 7:00
p.m. for Regular Session in the Council Chamber, 300 Centennial
Way, Tustin, California
ADJOURN IN MEMORY OF
TOM SCAGLIONE, AYSO COACH
AND
MARY HUSTON
LOU BONE,
Mayor
PAMELA STOKER
City Clerk
City Council Meeting
Minutes
November 20, 2007
Page 11 of 11