HomeMy WebLinkAbout01 MEETING MINUTES 2008 05 06 05-20-08Agenda Item 1
Reviewed:
MINUTES OF THE REGULAR MEETING City Manager
OF THE CITY COUNCIL Finance Director NIA
TUSTIN, CALIFORNIA
MAY 6, 2008
CALLED TO ORDER MEETING #2187 AT 5:30 P.M.
ATTENDANCE
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
Councilmembers Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Maria Huizar, Chief Deputy City Clerk
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
PUBLIC INPUT -None
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION pursuant to
subdivision (a) of Section 54956.9 of the Government Code: City of Tustin v. AAE
Pacific Park Associates, LLC et al., Case No. 030001932
B. CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION pursuant to
subdivision (a) of Section 54956.9 of the Government Code: City of Newport
Beach and City of Tustin v. City of Irvine -Case No. 070001264 & Case No.
070001265
C. CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION pursuant to
subdivision (a) of Section 54956.9 of the Government Code: Legal Ease, Inc., a
California Corporation v. City of Tustin et al., Case Number 070003504
RECESSED - At 5:31 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 6:59 p.m. City Council reconvened in public session with all
members present.
City Council Meeting May 6, 2008
Minutes Page 1 of 11
PUBLIC MEETING
CALLED TO ORDER MEETING #2187 AT 7:00 P.M.
INVOCATION -Father John Block, St. Cecilia's Church
PLEDGE OF ALLEGIANCE - Councilmember Kawashima
ROLL CALL
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert,
Councilmembers Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
CLOSED SESSION REPORT -City Attorney Holland reported that the City Council met
in closed session on the items on the Agenda and provided direction to legal counsel on
all 3 items; item C has been settled and documents will be made public as soon as they
are available.
PRESENTATIONS
• Proclamation presented by Mayor Amante to the Senior Advisory Committee in
recognition of their successful Volunteer Program
• Proclamation presented by Mayor Amante to Dick Hsu of DCH Tustin Acura in
recognition of DCH Auto Group's 60th Anniversary
PUBLIC HEARING ITEMS
CONTINUED PUBLIC HEARING: FISCAL YEAR 2008-09 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ALLOCATION, FISCAL
YEAR 2008-09 ACTION PLAN
The Community Development Department is proposing to submit to the
Federal Department of Housing and Urban Development (HUD) a FY 2008-
09 Action Plan for the Community Development Block Grant which describes
the activities that the City will undertake during the program year. The City
Council held a public hearing regarding the Action Plan and Funding
Allocation on April 15, 2008. During the public hearing, the City Council
continued the item to the May 6, 2008 hearing and directed staff to provide
funding history information and recommend a minimum funding amount.
Mayor Pro Tem Davert thanked staff for incorporating changes requested at
the previous Council meeting, also thanked Citizens Advisory Committee.
City Council Meeting May 6, 2008
Minutes Page 2 of 11
Councilmember Palmer questioned timeframe for review of Consolidated
Plan priorities. Community Development Director Binsack indicated that they
can be amended annually. Also had concerns about the allocations of City
sponsored programs at 93% vs. 7% for community based and non-profit
agencies, and Mandatory Guidelines not adhered to with 3 government
programs that do not qualify as State registered non-profit. Supports the
$5,000 minimum grant requirement and suggests improving process
guidelines.
Mayor Amante not willing to cut programs or shift funds at this time; would
like to see long-term commitments with measurable outcomes. Inquired
about "Kids Korner" program. City Manager Huston replied it was a preschool
care program previously handled by anon-profit that City recently took over.
Mayor Pro Tem Davert feels not necessary to utilize full 15% for non-profits,
supports using CDBG funds for programs run by City that support the overall
community and supports staff recommendation.
Councilmember Bone supports the use of CDBG funds for City sponsored
programs.
Public hearing opened at 7:28 p.m. Robyn Greenstein, representing Mercy
House spoke of new program, Cold Weather Shelter Armory, that would
serve approximately 30 Tustin residents. Thanked Council and urged
support. Hearing closed at 7:29 p.m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Kawashima, to:
1.a. Adopt resolution;
RESOLUTION NO. 08-26 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE
PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS FOR INCLUSION IN THE FISCAL YEAR
2008-09 ACTION PLAN AND AUTHORIZE SUBMISSION TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD)
1.b. Authorize submission to the U.S. Department of Housing and Urban
Development (HUD); and
1.c. That the City Council establish a $5,000.00 minimum funding amount
for CDBG program activities.
Motion carried 4-1 (Palmer dissented).
City Council Meeting May 6, 2008
Minutes Page 3 of 11
2. PUBLIC HEARING: ADOPTION OF THE ORANGE COUNTY ANIMAL
CONTROL SERVICE'S "BARKING DOG" PROGRAM AND SECOND
READING OF ORDINANCE NO. 1350
The City Council introduced Ordinance No. 1350 at the April 15, 2008 City
Council meeting. A requirement of the County of Orange's ordinance is to
hold a public hearing that would adopt said ordinance. The ordinance
proposes to amend Part 1 of Chapter 2 of Title 4 of the Tustin Municipal
Code and adopt by reference the relevant provisions of Division 1 of Title 4
and Divisions 1, 2, and 3 of Title 5 of the Codified Ordinances of the County
of Orange to include the "barking dog" provisions.
Public hearing opened at 7:31 p.m. Anne Mahoney spoke in opposition to
proposed ordinance. Hearing closed at 7:34 p.m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Kawashima, to have second reading by title only and
adoption of Ordinance No. 1350 (roll call vote).
ORDINANCE NO. 1350 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN AMENDING CHAPTER 2 OF TITLE 4 OF
THE TUSTIN MUNICIPAL CODE PERTAINING TO ANIMALS AND
FOW L
Motion carried 3-2 (Mayor Amante and Councilmember Palmer dissented)
ORAL COMMUNICATION /PUBLIC INPUT -None
CONSENT CALENDAR ITEMS - It was moved by Councilmember Bone, seconded by
Councilmember Kawashima, to approve Consent Calendar items as recommended by
staff. Motion carried 5-0.
3. APPROVAL OF MINUTES -REGULAR MEETING OF APRIL 15, 2008
Motion: Approve the Regular City Council Meeting Minutes of April 15, 2008.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $560,345.01; $875,053.07; and
$11,346,004.24; Reversals in the amount of $35,771.64 and Payroll in the
amount of $662,396.94.
5. DECLARATION OF SURPLUS PROPERTY -FINANCE DEPARTMENT
City Council Meeting May 6, 2008
Minutes Page 4 of 11
The City has accumulated a large quantity of obsolete and/or damaged
computer and other equipment. The listed equipment is no longer usable or
required for public use.
Motion:
5.a. Declare the listed equipment surplus and not required for public use;
and
5.b. Authorize staff to sell/have auctioned serviceable equipment of value
and dispose of assets beyond repair.
6. PLANNING ACTION AGENDA -APRIL 22, 2008
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: Receive and file.
7. TUSTIN RESPONSE TO DEIR FOR CITY OF IRVINE SHADY CREEK
MEDICAL CENTER
City Council authorization is requested for the City of Tustin's response to the
subject Draft Environmental Impact Report (DEIR) fora General Plan
Amendment and Zone Change associated with the proposed development of
up to a maximum 150,000 square-foot medical office center, including up to
7,200 square feet of supporting retail uses. The project site is approximately
21 acres and is generally bounded by San Diego Creek to the north,
Interstate 405 to the south, and Sand Canyon Avenue to the east.
Motion: Authorize staff to forward the draft response letter to the City of
Irvine.
8. FINAL PARCEL MAP 2007-131 -LIBRARY AT CIVIC CENTER COMPLEX
Final Parcel Map 2007-131 is a request to consolidate twelve (12) existing
lots into two parcels to accommodate a 31,281 square foot new library at the
Civic Center complex. (Applicant/Owner: City of Tustin). As authorized by the
Tustin City Code Section 9314, the Community Development Director,
following consultation with the City Engineer, waived the requirement for a
tentative parcel map since the proposed subdivision is resulting from the
conveyance of land or any interest therein to or from the City for public
purposes; thus, only a Final Parcel Map is processed.
City Council Meeting May 6, 2008
Minutes Page 5 of 11
Motion: Adopt resolution.
RESOLUTION NO. 08-32 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN APPROVING FINAL PARCEL MAP 2007-
131 TO CONSOLIDATE TWELVE (12) LOTS INTO TWO (2)
PARCELS TO ACCOMMODATE THE NEW LIBRARY AT THE
TUSTIN CIVIC CENTER
9. 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 2007. The average noise level
measured at monitoring station NMS 10N, located at Columbus Tustin Middle
School on Beneta Way, remained relatively constant 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 (CNEL) for residential uses.
Motion: Receive and file report.
10. CONTRACT AMENDMENT FOR MAINTENANCE AND REPAIR SERVICES
OF THE CITY'S HVAC SYSTEMS WITH BARR ENGINEERING, INC.
Approval of the fourth contract amendment with Barr Engineering, Inc., will
extend the Agreement for Heating, Ventilating, Refrigeration, and Air
Conditioning (HVAC) Systems Maintenance and Repair Services for the
period from July 1, 2008 to June 30, 2009, with no increase in the contract
price.
Motion: Approve the fourth amendment to the Contract Agreement between
Barr Engineering, Inc. and the City of Tustin for Heating, Ventilating,
Refrigeration, and Air Conditioning (HVAC) Systems Maintenance and Repair
Services, subject to City Attorney approval.
11. TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2008-09
The City Council, at their meeting of February 5, 2008, adopted Resolution
No. 08-15, which ordered the preparation of an Engineer's Report for the
Levy of Annual Assessments for the Tustin Landscape and Lighting District.
The Engineer's Report has now been completed and consideration of the
following actions is now appropriate.
Motion: Adopt resolutions.
City Council Meeting May 6, 2008
Minutes Page 6 of 11
RESOLUTION NO. 08-33 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE
ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR
FISCAL YEAR 2008-2009
RESOLUTION NO. 08-34 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS
INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF
ASSESSMENT FOR FISCAL YEAR 2008-2009 FOR THE
IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC
LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN
RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN
LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND
COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING
AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING
NOTICE THEREOF
12. AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH JACOBS
CIVIL, INC.
Motion: Approve Amendment No. 3 to the Consultant Services Agreement
with Jacobs Civil, Inc. (Jacobs) to provide additional Construction
Management Services for the Newport Avenue Extension/SR-55 Ramp
Reconfiguration Project (CIP No. 7130) and the Edinger Avenue (Smart
Street) Widening Project (CIP No. 7147 in the City of Tustin and CIP No.
2585 in the City of Santa Ana) and authorize the Mayor and City Clerk to
execute the Amendment on behalf of the City.
13. AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH TETRA
TECH, INC.
Amendment No. 6 to the Consultant Services Agreement between the City
and Tetra Tech, Inc. will provide for the preparation of a water quality
management plan [WQMP] and additional engineering design services for
the Rawlings Reservoir Replacement Project (CIP No. 6136). These services
are needed because they were not included in Tetra Tech's original project
scope of work.
Motion: Approve Amendment No. 6 to the Consultant Services Agreement
with Tetra Tech, Inc. to provide additional Design Engineering Services for
the Rawlings Reservoir Replacement Project (CIP No. 6136) and authorize
the Mayor and City Clerk to execute the Amendment on behalf of the City.
14. APPLICATION FOR PROPOSITION 1 B STREET FUNDS
City Council Meeting May 6, 2008
Minutes Page 7 of 11
Proposition 1 B funds have been allocated by the California State Legislature
and include $550 million for cities in Fiscal Year 2007-08. Adoption of
Resolution No. 08-29 will allow the City to provide the necessary
documentation to the State to secure the City's portion of these funds, which
is $1,166,788.68 in Fiscal Year 2007-08.
Motion:
14.a. Adopt resolution; and
RESOLUTION NO. 08-29 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA AMENDING RESOLUTION
07-29, THE CAPITAL IMPROVEMENT BUDGET APPROPRIATION
FOR FISCAL YEAR 2007-08, TO ADJUST THE CAPITAL
IMPROVEMENT PROGRAM BUDGET TO RECOGNIZE FUNDING
FROM PROPOSITION 1 B
14.b. Authorize staff to apply to the State Department of Finance for release
of Proposition 1 B bond funds for this project.
15. AWARD OF CONTRACT FOR CONSTRUCTION OF THE SYCAMORE
AVENUE STORM DRAIN FROM SCHOOL LANE TO DEL AMO AVENUE
(CIP NO. 5033)
Bids for the Sycamore Avenue Storm Drain from School Lane to Del Amo
Avenue (CIP No. 5033) have been received and a construction contract is
ready to be awarded.
Motion: Award the construction contract for the Sycamore Avenue Storm
Drain from School Lane to Del Amo Avenue (CIP No. 5033) to Garcia Juarez
Construction, Inc., the lowest responsible and responsive bidder, in the
amount of $375,720.00, and authorize the Mayor and the City Clerk to
execute the contract documents on behalf of the City.
16. ENVIRONMENTAL REVIEW, APPROVAL OF PLANS AND
SPECIFICATIONS, AND AUTHORIZATION TO ADVERTISE FOR BIDS
FOR THE CITRUS RANCH PARK PROJECT (CIP NO. 2046)
The plans and specifications for the Citrus Ranch Park Project (CIP No.
2046) have been prepared and the project is now ready to be bid. An
environmental checklist has been prepared for this project and based on the
checklist the project will not result in additional impacts previously considered
in the certified Final Environmental Impact Report for the East Tustin Specific
Plan, which serves as a Program EIR for the proposed project.
Motion: Adopt resolutions.
City Council Meeting May 6, 2008
Minutes Page 8 of 11
RESOLUTION NO. 08-24 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE EAST TUSTIN
SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY
SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS
ADEQUATE TO SERVE AS THE PROGRAM EIR FOR
DEVELOPMENT OF A 17-ACRE COMMUNITY PARK SITE AT 2910
PORTOLA PARKWAY AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
RESOLUTION NO. 08-25 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE CITRUS RANCH PARK PROJECT (CIP
NO. 2046), AND AUTHORIZING ADVERTISEMENT FOR BIDS
17. ADJUST RATES FOR CITY ATTORNEY SERVICES
The City's rates for city attorney services were last adjusted on July 1, 2005.
Motion: Authorize the Mayor to execute an amendment to the City's existing
agreement with Woodruff, Spradlin & Smart for legal services to increase the
rates for legal services to $195.00 per hour for attorneys and $110.00 per
hour for paralegals effective July 1, 2008 and provide for an automatic annual
CPI adjustment up to five percent. In the event the CPI exceeded five percent
in any year, City Council approval would be required for any additional
amount.
REGULAR BUSINESS ITEMS
18. AUTHORIZING THE CREATION OF A VOLUNTARY DONATION OPTION
TO BE APPLIED TO CUSTOMERS OF THE CITY'S WATER SYSTEM
The City Council directed staff to create a voluntary donation program for the
benefit of the Tustin Community Foundation that can be implemented through
the City's Utility Billing System. The attached Resolution formally creates this
program and authorizes staff to include it as a separate line item on future
water bills.
Erin Nielsen, Executive Director of the Tustin Community Foundation thanked
council for program.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Palmer, to adopt resolution.
RESOLUTION NO. 08-28 - A RESOLUTION OF THE CITY COUNCIL
City Council Meeting May 6, 2008
Minutes Page 9 of 11
OF THE CITY OF TUSTIN ESTABLISHING A VOLUNTARY
PROGRAM FOR MAKING DONATIONS TO THE TUSTIN
COMMUNITY FOUNDATION FOR THE BENEFIT OF TUSTIN
COMMUNITY SERVICE PROVIDERS
Motion carried 5-0.
19. LEGISLATIVE REPORT: SB1185
Senate Bill 1185 (Lowenthal) would extend the expiration date by 24 months
of any tentative map, vesting tentative map, or parcel map for which a
tentative map or tentative vesting map has been approved. The bill also
would extend the expiration date by 24 months of a legislative, administrative,
or other approval by a state agency relating to a development project in a
subdivision affected by the bill. A copy of the bill is included as Attachment A
to agenda report.
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Davert, to take a position to support SB1185 and direct staff to transmit the
draft letter of support to Senator Lowenthal. Motion carried 5-0.
20. LEGISLATIVE REPORTS: AB642, AB1815, AB3034, SB619
At the request of Councilmember Bone, staff has reviewed AB642 (design
build), AB1815, AB3034, SB619 and staff is recommending that the City send
a letter of support for AB642 and continue to monitor AB1815, AB3034,
SB619.
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Davert, to support AB642 and direct staff to transmit the draft letter, and
continue to monitor AB1815, AB3034 and SB619.
Council discussion ensued. Mayor Amante requested staff report with
possible impacts of bill before making a decision on AB3034, linked to bond
measure that will be on the Ballot in November of 2008.
Amended Motion: It was moved by Councilmember Bone, seconded by
Mayor Pro Tem Davert, to support AB642 and direct staff to transmit the draft
letter; continue to monitor AB1815 and SB619; and return to Council with
possible impacts of AB3034. Motion carried 5-0.
OTHER BUSINESS/COMMITTEE REPORTS
Councilmember Kawashima:
• Questioned deadline for CR&R to finish trash can replacement. Director Serlet
City Council Meeting May 6, 2008
Minutes Page 10 of 11
indicated that deadline is July 1st
Councilmember Palmer:
• Attended National Volunteer Week at White House where President announced Barry
Salzberg, CEO of Deloitte, committed $50 million of pro bono services to non-profit
agencies and Paul Otellini, CEO of Intel, committed 1 million hours of volunteer
service; and
• Reported that 17 affordable housing units opened in Buena Park today; thanked local
volunteer builders.
Councilmember Bone:
• Metrolink received over $9 million from Prop 1 B funds; passenger count projections
are increasing, fares raised 5.5%, new rail cars to arrive by end of year;
• Orange County Council Of Governments report -district changes being considered,
AQMD presentation on Rule 2301, Mayor Amante requested staff provide update at
next Council meeting; and
• Orange County Vector Control District hired 36 season employees, working on
mosquito and fire ant control.
Mayor Pro Tem Davert:
• Reminded everyone Mother's Day on Sunday;
• Teacher of the Year dinner on Tuesday, May 13"', great event recognizing teachers;
• Attended awards banquet for Tustin Preservation Conservancy, congratulated
McCharles House as award recipient;
• Went on Ride-Along, very impressed with level of police service; and
• Orange County Fire Authority released annual report, summarized statistics of report.
Mayor Amante:
• AB2906, study of continuous-access HOV lanes, approved on April 21St;
• Judge voted in support of Cities of Newport Beach and Tustin on case against City of
Irvine who violated CEQA guidelines in approving developments without EIR and
effects on bordering cities.
• California Department of Finance reported State budget shortfall; and
• SB375 currently before Southern California Association of Governments, is an
attempt to remove discretionary actions of City regarding local planning (RHNA
process); requested current legislation for Council review.
ADJOURNED - 8:18 P.M. -The next regular meeting of the City Council is
scheduled for Tuesday, May 20, 2008 at 5:30 for Closed Session
and 7:00 p.m. for the Regular Business Meeting in the Council
Chamber, 300 Centennial Way, Tustin, California.
City Council Meeting May 6, 2008
Minutes Page 11 of 11