HomeMy WebLinkAboutCC MINUTES 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 Grade 1 Poster
Tustin Ranch Elementary Grade 1 Essay
Tustin Memorial Academy Grade 2 Poster
Beswick Elementary Grade 2 Essay
Peters Canyon Elementary Grade 3 Poster
Arroyo Elementary Grade 3 Essay
Tustin Memorial Academy Grade 4 Essay
Arroyo Elementary Grade 4 Poster
Beswick Elementary Grade 5 Poster
Veeh Elementary Grade 5 Essay
Utt Middle School Grade 8 Poster
Utt Middle School Grade 8 Essay
City Council Meeting
Minutes
June 3, 2008
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 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.
City Council Meeting June 3, 2008
Minutes Page 3 of 11
ORDINANCE NO. 1353 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1538 OF THE
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.
City Council Meeting June 3, 2008
Minutes Page 4 of 11
Motion:
8.a. Adopt resolution (Requires afour-fifths vote); and
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.
City Council Meeting June 3, 2008
Minutes Page 5 of 11
Councilmember Palmer requested staff review minutes from last year's budget
presentation, increase length of executive narrative, and Department Heads present
goals and objectives.
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)
City Council Meeting June 3, 2008
Minutes Page 6 of 11
• Most station patrons come from outside of Tustin
• Pedestrian accessibility could be improved
• New transit will enhance connectivity to Irvine instead of Tustin (Irvine 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.
City Council Meeting June 3, 2008
Minutes Page 7 of 11
Presentation by Assistant City Manager Christine Shingleton.
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.
City Council Meeting June 3, 2008
Minutes Page 8 of 11
• TUSD must use property in perpetuity for public education purposes intended (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
City Council Meeting June 3, 2008
Minutes Page 9 of 11
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.
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 30th 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.
City Council Meeting June 3, 2008
Minutes Page 10 of 11
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;
• 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.
JERRY AMANTE
Mayor
PAMELA STOKER
City Clerk
City Council Meeting June 3, 2008
Minutes Page 11 of 11