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Home My WebLink About05 MINUTES OF CITY COUNCIL MEETING 2008 06 03MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JUNE 3, 2008 CALLED TO ORDER MEETING #2189 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 ITEM A. CONFERENCE WITH LEGAL COUNSEL - EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(b)3.E -Two (2) Cases B. 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 Negotiators for TLCP: Simon Whitmey and Colm Macken representative for Tustin Legacy Community Partners (TLCP) Under Negotiation: Terms of Conveyance RECESSED - At 5:30 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 June 3, 2008 Minutes Page 1 of 11 PUBLIC MEETING CALL TO ORDER MEETING #2189 AT 7:01 P.M. INVOCATION -Councilmember Jim Palmer PLEDGE OF ALLEGIANCE -Councilmember Jim Palmer 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 -Nothing to report. PRESENTATIONS • Proclamation presented by Mayor Amante to Nancy Brock for earning the Girl Scout Gold Award • Proclamation presented by Mayor Amante to Assistant Principal, JoAnne Motter of Tustin High School in recognition of being a top ranking public high school • Certificates of Recognition presented by Mayor Amante to the following Tustin Pride essay/poster contest winners: "How can I keep Tustin clean, safe, and beautiful?" Armanie Blanchard Ratthe Kayli Sandoval Syed Immad Ali Michelle Negrete Nina Long Samuel Steinberg Christine Do Annlise Gushue Kaylene Guerrero Sara Betts Yanet Miranda Raquel Duarte Tustin Ranch Elementary Tustin Ranch Elementary Tustin Memorial Academy Beswick Elementary Peters Canyon Elementary Arroyo Elementary Tustin Memorial Academy Arroyo Elementary Beswick Elementary Veeh Elementary Utt Middle School Utt Middle School Grade 1 Grade 1 Grade 2 Grade 2 Grade 3 Grade 3 Grade 4 Grade 4 Grade 5 Grade 5 Grade 8 Grade 8 Poster Essay Poster Essay Poster Essay Essay Poster Poster Essay Poster Essay City Council Meeting June 3, 2008 Minutes Page 2 of 11 Council RECESSED at 7:16 p.m. and RECONVENED at 7:19 p.m. with all members present. ORAL COMMUNICATION /PUBLIC INPUT • Bob Stien of Tustin Community Foundation announced awards given to local non- profits; and spoke on power outage yesterday that affected many customers including Tustin City Hall. • Sakima Terrel of Lost Bean Organic Coffee & Tea thanked City for Chili Cook-Off and Tustin Community Foundation success. CONSENT CALENDAR ITEMS - It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to approve balance of the Consent Calendar items as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES -REGULAR MEETING OF MAY 20, 2008 Motion: Approve the Regular City Council Meeting Minutes of May 20, 2008. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $2,015,905.69 and $1,796,773.95; Reversals in the amount of $9,032.10; and Payroll in the amount of $667,784.07. 3. PLANNING ACTION AGENDA -MAY 27, 2008 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Motion: Receive and file. 4. INTRODUCTION OF ORDINANCE NO. 1353 PERTAINING TO AUDIT COMMISSION REQUIREMENTS Ordinance no. 1353 will update section 1538 of the Tustin City Code to modify the residency requirements for members of the Audit Commission. Motion: Introduce and waive first reading of Ordinance No. 1353 by title only and set for second reading at the Council's June 17, 2008 meeting. ORDINANCE NO. 1353 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1538 OF THE City Council Meeting June 3, 2008 Minutes Page 3 of 11 TUSTIN CITY CODE REGARDING THE AUDIT COMMISSION 5. DECLARATION OF SURPLUS OFFICE FURNITURE Motion: Declare the furniture detailed in report 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 furniture at public auction. 6. AWARD OF CONTRACT FOR CONSTRUCTION OF THE VALENCIA AVENUE, ARMSTRONG AVENUE, KENSINGTON PARK DRIVE AND LANSDOWNE ROAD PAVEMENT FINISH SURFACE (CIP NO. 7188) Motion: Award the construction contract for the Valencia Avenue, Armstrong Avenue, Kensington Park Drive and Lansdowne Road Pavement Finish Surface (CIP No. 7188) to Hardy & Harper, Inc., the lowest responsible and responsive bidder, in the amount of $955,000.00; and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 7. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND AREAS AND THE TUSTIN LEGACY PARCELS WITH SPECTRUMCARE LANDSCAPE & IRRIGATION MANAGEMENT, INC. Approval of the third contract amendment will extend the agreement for landscape maintenance services for the General Fund areas and the Tustin Legacy parcels for the period from July 1, 2008 to June 30, 2009 and will provide a price increase of 3.3% for only the General Fund areas. The amendment also provides for the addition of landscape maintenance services for additional landscape areas. Motion: Approve the third amendment to the contract agreement between SpectrumCare Landscape & Irrigation Management, Inc. and the City of Tustin for landscape maintenance services for the General Fund areas and the Tustin Legacy parcels, subject to City Attorney approval. 8. EMERGENCY REPAIR OF WALNUT WELL Walnut Well recently experienced a mechanical failure. Detailed inspection determined that various parts of the well pump and shaft need to be replaced to make the well operable. It is critical that Walnut Well be returned to service as quickly as possible to meet the operational, emergency, and fire flow requirements of the City's water service area. Motion: 8.a. Adopt resolution (Requires a four-fifths vote); and City Council Meeting June 3, 2008 Minutes Page 4 of 11 RESOLUTION NO. 08-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING THAT THE PUBLIC INTEREST AND NECESSITY DEMANDED THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO REPAIR WALNUT WELL TO SAFEGUARD LIFE, HEALTH, AND PROPERTY 8.b. Authorize the $63,453.60 from the Water Division's FY 2007-08 Operations Budget to complete repairs to Walnut Well. 9. AWARD OF CONTRACT TO PROCURE TWO MOBILE AIR COMPRESSORS FOR WATER DIVISION CONSTRUCTION AND MAINTENANCE ACTIVITIES One bid was received from a qualified bidder on May 22, 2008. Staff has reviewed the bid, and determined that the prospective vendor has fully met the bid and specification requirements. Motion: Award the contract to purchase two (2) mobile air compressors for Water Division maintenance/construction activities to Volvo Construction Equipment and Services in the amount of $28,876.15. 10. AGREEMENT WITH THE ORANGE COUNTY DISTRICT ATTORNEY FOR PROSECUTION SERVICES The agreement for prosecution services with the District Attorney will expire on June 30, 2008. The District Attorney's office generally prosecutes Penal, Health and Safety, and Vehicle Code violations referred by the Tustin Police Department. If referred by the City, the District Attorney's Office may also prosecute violators of the Tustin City Code. The proposed term of the agreement is for afive-year period beginning July 1, 2008 and terminating on June 30, 2013. Motion: Authorize the Mayor to execute a Prosecution Services Agreement with the Orange County District Attorney. REGULAR BUSINESS ITEMS 11. SET DATE FOR FISCAL YEAR 2008-09 BUDGET WORKSHOP Staff suggests that the City Council schedule a Budget Workshop for 4:30 p.m. on Tuesday, July 1, 2008. The draft budget will be submitted to the City Council prior to the budget workshop. Councilmember Palmer requested staff review minutes from last year's budget presentation, increase length of executive narrative, and Department Heads present goals and objectives. City Council Meeting June 3, 2008 Minutes Page 5 of 11 Mayor Amante asked staff to monetize Tustin Community Foundation's funds to give them ability to leverage and allow more fundraising thus provide more grants. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to schedule a Budget Workshop for 4:30 p.m. on Tuesday, July 1, 2008. Amended Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone to amend motion and schedule Budget Workshop for 4:00 p.m. instead of 4:30 p.m. Motion carried 5-0. 12. APPROVAL OF FINAL REPORT FOR CITY-INITIATED TRANSIT EXTENSIONS TO METROLINK (THE "GO LOCAL STEP 1" PROGRAM) AND AUTHORIZATION TO PURSUE THE "GO LOCAL STEP 2" PROGRAM In order to address future Metrolink service expansion, the Orange County Transportation Authority (OCTA) developed a program known as "GO LOCAL" to plan and implement City-initiated transit extension to OCTA's Metrolink Commuter Rail Line. Step 1 of the "GO LOCAL" Program provided a $100,000 grant to study possible extensions to the Metrolink line. A final report containing recommendations to expand existing transit service and improve bicycle and pedestrian access to the Tustin Metrolink Station has been prepared for City Council review and approval and is included in the Step 2 of the "GO LOCAL" Program. Step 2 is a process where the participating cities will compete for additional funding to further develop the most promising projects. Presentation by Public Works Director Tim Serlet and Chris Grey of Fehr & Peers Transportation Consultants Study Background • Step 1 of the OCTA Go Local Program • $100,000 grant by OCTA to Orange County cities • City of Tustin applied its grant to focus on the Tustin Metrolink Station • Study recommendations will be studied further in Go Local Step 2 (competitive process) • Further funding available in later stages of Go Local Study Objectives • Maximize station access for Tustin residents and employees • Facilitate access by all modes of travel (auto, bus, pedestrians) Key Findings • Existing OCTA bus routes provide good connectivity to Irvine • Difficult to get to many areas of Tustin via OCTA bus routes (i.e. City Hall) • Most station patrons come from outside of Tustin • Pedestrian accessibility could be improved • New transit will enhance connectivity to Irvine instead of Tustin (Irvine City Council Meeting June 3, 2008 Minutes Page 6 of 11 Shuttle) Pedestrian Access Example • No authorized access route to the north yet persons still walk between the station and business park Recommendations • #1-Provide shuttle between City Hall/Downtown and station • #2- Provide enhanced connection to areas north of station (authorized access) • #3- Transit connection to Tustin Legacy project • #4- Enhanced pedestrian connection to Tustin Legacy project • #5- Pathway to Peters Canyon Recreational Trail Summary Recommendation Capital Cost Operating Cost Potential Usage #1 $1.2 to $1.6 M $300K-600K 400-600 daily riders #2 $500K Minimal 50-100 peds #3 $400-$600K $100-300K 1,000-2,000 daily riders #4 $15K-$25K Minimal 200-300 peds #5 $750K Minimal Limited Next Steps • Submit Go Local Report to OCTA by June 30tH • OCTA reviews all Go Local reports • OCTA identifies Step 1 Recommendations for further study • Detailed planning on Step 1 Recommendations (Go Local Step 2) • Focusing on Recommendation #1 Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to approve the final report for the "GO LOCAL Step 1" Program and authorize submittal of the final report to OCTA for consideration under the "GO LOCAL Step 2" competitive process. Motion carried 4-0, Kawashima abstained. 13. AGREEMENT WITH TUSTIN UNIFIED SCHOOL DISTRICT FOR CONVEYANCE OF PROPERTY AT TUSTIN LEGACY Approval is requested of a package of documents in connection with an agreement between the City of Tustin (the "City") and the Tustin Unified School District ("TUSD") for conveyance of a portion of property at Tustin Legacy and the establishment of an Elementary School and High School at Tustin Legacy. Presentation by Assistant City Manager Christine Shingleton. City Council Meeting June 3, 2008 Minutes Page 7 of 11 Background • TUSD Participated in the City's Reuse Planning Process. • In 1996 TUSD executed an agreement with the City which provided for school sites at Tustin Legacy. • The agreement regarding school sites is reflected in the adopted MCAS Tustin EIS/EIR, and MCAS Tustin Reuse/ Specific Plan. TUSD Conveyances for Educational Uses • Two sites were designated for conveyance from the City to TUSD at no land cost. / Approx. 40 acres to TUSD for a High School. / Approx. 10 acres to TUSD for a K-6 School. • One Site was proposed for conveyance at no land cost directly from the U.S. Department of Education in 2003. / Approx. 10 acres to Tustin Unified School District for a K-6 School. • In 2002 U.S. Navy conveyed to the City land for the High School and one K-6 site. • In 2003, on recommendation of the City, the U.S. Department of Education conveyed a K-6 site to TUSD. • The Reuse Plan and 1996 Agreement require Tustin and TUSD to enter into a subsequent agreement prior to the conveyance of the High School and one K-6 site to TUSD and use of the sites by TUSD. Conveyance Agreement • Purpose of Conveyance Agreement: / Identify Planning Goals of TUSD in receiving sites. / Identify scope and schedule for school developments. / Establish process for consultation on school developments and operational issues. / Identify TUSD capital improvements and CEQA mitigation required. / Identify procedures for conveyances. / Ensure if school sites are not used for intended purpose, the sites are returned to City. Summary of Conveyance Agreement • Description of TUSD Property / Initial Closing - ^ Quitclaim Deed by City of 38.477 acre portion of High School and 10.01 acre Elementary School site with mineral and water rights reserved by City. ^ Sublease between City and TUSD of 1.478 acre portion of High School site (subject to Navy Lease in Furtherance of Conveyance) ^ Bill of Sale by City for personal property and former military utilities systems abandoned on sites. • Subsequent Closing / Quitclaim Deed by City of 1.478 acre portion of High School . • Subject to all Governmental Requirements, including Tustin General Plan, Reuse Plan/Specific Plan, the redevelopment plan, and Federal and State law. • TUSD must use property in perpetuity for public education purposes intended City Council Meeting June 3, 2008 Minutes Page 8 of 11 (High School and Elementary School). • Restricts changes in ownership or control of sites after conveyance by City to TUSD. Environmental Documentation • Conveyance Agreement reviewed in the context of the original MCAS Tustin Final EIS/EIR with the preparation of an Initial Study. • Determined that all environmental issues related to conveyance of property previously considered in the Final EIS/EIR and no additional environmental analysis or action required. Recommendations • Adopt Resolution No. 08-38 on the environmental determination for the Conveyance. • Approve the Conveyance Agreement, subject to non-substantive modifications as determined necessary by City Manager or City's legal counsel. • Authorize City Manager or Asst. City Manager to execute Agreement and transmit to TUSD and to take all actions necessary to implement Agreement, including execution of all related documents and to transfer subject sites to TUSD. Council discussion ensued. Mayor Amante presented renderings of proposed new high school at Tustin Legacy. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Palmer, to: 13.a. Adopt resolution; and RESOLUTION NO. 08-38 - 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 JOINT PROGRAM MCAS ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS/EIR) AND NO NEW ENVIRONMENTAL DOCUMENT IS REQUIRED; APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED INTO THE PROJECT OR WILL BE CONDITIONS OF APPROVAL ON PENDING ENTITLEMENT APPLICATIONS 13.b. Approve the Agreement between the City of Tustin and the Tustin Unified School District for Conveyance of a Portion of MCAS Tustin and the Establishment of an Elementary School and High School (the "Agreement") and ancillary supporting documents, subject to any non-substantive modifications as may be determined necessary by the City Manager, or as recommended by the City's special counsel or City Attorney; authorize the City Manager, or Assistant City Manager, to execute the Agreement and transmit said Agreement to TUSD and to take all actions necessary to implement the Agreement, including execution of all related documents, instruments, Quitclaim Deeds, the Sublease, the Bill of Sale, any Representations by the City, any necessary escrow closing documents to transfer subject properties to TUSD pursuant to provisions of the Agreement. City Council Meeting June 3, 2008 Minutes Page 9 of 11 Motion carried 5-0. Paula A. Schaefer of the Law Firm of Miller, Brown and Dannis, represents Tustin Unified School District, indicated that the District received notification of this meeting on Friday, May 30t" and only received the relative voluminous documents at noon that same day. After a full review and analysis of documents and a presentation of findings to the School Board, they will contact City Manager. 14. LEGISLATIVE REPORTS -MISCELLANEOUS Staff has prepared two (2) agenda reports that discuss the following legislative items: • Assembly Bill 3034: Safe, Reliable High Speed Passenger Train Bond Act for the 21St Century (Galgiani) Staff recommends that the City Council take a position of support on AB3034 only if the bond measure is amended to exclude funding for the segment in the LOSSAN corridor south of Anaheim and direct staff to transmit the draft letter included in agenda report. Motion: It was moved by Councilmember Bone, seconded by Mayor Amante, to support AB3034 only if the bond measure is amended to exclude funding for the segment in the LOSSAN corridor south of Anaheim and direct staff to transmit the draft letter included in agenda report. Council discussion ensued. Requested that staff return to Council with a clarified letter. • H.R. 3121: Flood Insurance Reform and Modernization Act of 2007 Staff recommends that the City Council take a position of opposition and direct staff to transmit the draft letter included in the agenda report. Motion: It was moved by Councilmember Palmer, seconded by Mayor Pro Tem Davert, to send letter of opposition. Motion carried 5-0. OTHER BUSINESS /COMMITTEE REPORTS Councilmember Kawashima: • Attended event for Amputees Across America on Monday, June 2~d; • Rode Metrolink train for the first time, very enjoyable; and • Memorial Day event at Tustin Ranch Elementary was attended by many veterans. Councilmember Palmer: • Congratulated Tustin Community Foundation and thanked them for efforts; and • Congratulated Tustin High school for accomplishments even with challenged campus. Councilmember Bone: • Noted that State Governor has established a Secretary of Service and Volunteering; City Council Meeting June 3, 2008 Minutes Page 10 of 11 • Committee report on Southern California Association of Governments, John Wayne Airport moves less air freight than Palm Springs and Burbank Airports. Orange County could suffer in next 25-50 years with change in economy; • Illegal truck traffic and parking is a big problem in State, Tustin identified as having extensive problems; and • Chili-cook off was a great event, over 35,000 people attended. Mayor Pro Tem Davert: • Orange County Sanitation District report, approved sewer charge which starts next year and amounts to about $200 a year; • Orange County Fire Authority budget approved for 2008-09, no fee increases projected; • Saturday, June 14th Tustin Police Department will hold annual open house; and • Friday, June 6th at 12 noon is State of the City Luncheon. Mayor Amante: • Congratulated Mayor Pro Tem Davert on leadership and being selected Chair of Orange County Sanitation District; • OCTA funding of transportation and support for Measure M2 projects, tough decisions with funding challenges; • Attended Memorial Day event at Fairhaven Cemetery; • Congratulated staff and committee on success of Chili Cook-off; and • Attended Tustin Community Foundation event last night that awarded grants to local organizations. ADJOURNED - 8:28 p.m. -The next regular meeting of the City Council is scheduled for Tuesday, June 17, 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 June 3, 2008 Minutes Page 11 of 11