HomeMy WebLinkAboutCC MINUTES 2008 09 02MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
SEPTEMBER 2, 2008
CALLED TO ORDER MEETING #2194 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 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.
B. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION pursuant to
Section 54956.9, subsection (a) of the Government Code:
1) Two (2) related cases: City of Newport Beach and City of Tustin v. City of
Irvine et al. Case No. 070001264 (Martin St.); and City of Newport Beach
and City of Tustin v. City of Irvine et al. Case No.070001265 (2851 Alton)
C. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION pursuant to
Section 54956.9, subsection (c) [decision whether to initiate litigation] - Two (2)
cases
City Council Regular Meeting September 2, 2008
Minutes Page 1 of 11
D, CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section
54956.9(b) -Two (2) potential cases.
E. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 -Claims of
Dianna Lynn Perrone Nos. 08-31 and 08-33.
City Attorney noted for the record that one of the Pending Litigation items is regarding
Qualified Patients Association vs. City of Anaheim, which will be discussed during
Closed Session.
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 same
members present.
REGULAR BUSINESS MEETING
CALL TO ORDER MEETING #2194 AT 7:01 P.M.
INVOCATION -Seminarian Benjamin Hoang, St. Cecilia's Church
PLEDGE OF ALLEGIANCE - Councilmember Jim Palmer
ROLL CALL
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
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 -Council authorized City Attorney to participate in Amicus
Brief in Qualified Patients Association vs. City of Anaheim; Council also denied 2 claims of
Diana Lynn Perrone; and Council authorized filing of a Code Enforcement matter in a case
once filed, will be made part of the record.
City Council Regular Meeting September 2, 2008
Minutes Page 2 of 11
ORAL COMMUNICATION /PUBLIC INPUT
• Bob Machado spoke on behalf of Tustin Area Council for Fine Arts, thanked Field
Services and Parks & Recreation Departments for hard work and assistance during
Broadway in the Park production in August.
• Kim Leason, resident of Tustin Meadows and Chairman of Tustin Pride, spoke in
support of proposed parking regulations as an effort to eliminate blight.
PUBLIC HEARING ITEMS
1. CONTINUE PUBLIC HEARING TO CONSIDER APPROVAL OF THE CITY'S
HAZARD MITIGATION PLAN
Federal law requires the City to prepare a Hazard Mitigation Plan in order to
remain eligible for federal pre and post-disaster mitigation funds. Staff has
completed the draft Hazard Mitigation Plan which must be approved at a public
hearing. Staff is requesting the City Council to continue the public hearing to
December 4, 2008 in order for the Federal Emergency Management Agency
(FEMA) to review and approve the plan.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Kawashima, to continue the public hearing to December 4, 2008. Motion
carried 5-0.
2. PUBLIC HEARING: ANNUAL REVIEW AND AMENDMENT TO THE
COMPREHENSIVE SCHEDULE OF FEES AND CHARGES FOR CITY
SERVICES
Annually, City departments review the Comprehensive Schedule of Fees and
Charges as they apply to their respective departments. The Building Division,
Parks and Recreation, and Public Works Department have identified some fees
that need to be modified or deleted. Proposed modifications to the Fee
Schedule are outlined in agenda report and are included in Resolution No. 08-
60. Said resolution deletes, adds, and/or modifies only a small percentage of
fees, with the bulk of the fee schedule remaining the same.
Public Hearing opened at 7:09 p.m. There were no public speakers and the
Hearing closed at 7:09 p.m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to adopt resolution. Motion carried 5-0.
RESOLUTION NO. 08-60 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN AMENDING THE CITY-WIDE
City Council Regular Meeting September 2, 2008
Minutes Page 3 of 11
COMPREHENSIVE SCHEDULE OF FEES AND REPEALING
RESOLUTION NO. 07-60
CONSENT CALENDAR ITEMS -Mayor Amante pulled Items 12, 13 & 15 for separate
discussion. Councilmember Kawashima abstained on 13 and 15. It was moved by
Mayor Pro Tem Davert, seconded by Councilmember Bone, to approve the balance of the
Consent Calendar items as recommended by staff. Motion carried 5-0.
3. APPROVAL OF MINUTES -REGULAR MEETING OF AUGUST 5, 2008
Motion: Approve the Regular City Council Meeting Minutes of August 5, 2008.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $2,222,501.62, $2,063,316.34, and
$1,489,152.34; and Payroll in the amount of $704,470.51 and $734,786.58.
5. CONSIDERATION OF CLAIM OF MARIA GUZMAN, CLAIM NO. 08-28
This is a claim of a trip and fall over a defect which the Claimant described as a
change in elevation in a bike lane. She listed her injuries as fractures of both
arms and a contusion with possible internal derangement to her left knee. This
has been marked as an unlimited civil case.
Motion: Deny Claim Number 08-28, Maria Guzman, and direct Staff to send
notice thereof to the Claimant's Attorney.
6. AUTHORIZATION FOR THE STATE TO PURCHASE ONE JOHN DEERE
BACKHOE/LOADER
Approval of Resolution No. 08-61 will authorize the General Services
Department of the State of California to purchase one current model year John
Deere backhoe/loader on behalf of the City of Tustin.
Motion: Adopt resolution.
RESOLUTION NO. 08-61 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE
DEPARTMENT OF GENERAL SERVICES OF THE STATE OF
CALIFORNIA TO PURCHASE CERTAIN ITEMS.
7. MISCELLANEOUS FURNITURE AND FURNISHINGS PURCHASES FOR
TUSTIN LIBRARY PROJECT
City Council Regular Meeting September 2, 2008
Minutes Page 4 of 11
City Council approval is requested to authorize purchase of certain furniture for
the Tustin Library through the California Multiple Award Schedules (CMAS) and
authorization for the advertisement of bids for other remaining miscellaneous
furniture purchases for the project.
Motion:
7.a. Adopt resolution; and
RESOLUTION NO. 08-58 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING
PARTICIPATION IN THE STATE OF CALIFORNIA MULTIPLE AWARD
SCHEDULE (CMAS) PURCHASING PROGRAM FOR PURCHASE OF
MISCELLANEOUS FURNITURE AND FURNISHINGS FOR THE NEW
TUSTIN
7.b. Authorize the advertisement of bids for the miscellaneous furniture for
the Tustin Library.
8. WORKING CAPITAL LOAN AND ADMINISTRATIVE SERVICES
AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
The approval of this loan and administrative services agreement between the
City of Tustin and the Tustin Community Redevelopment Agency will comply
with Section 33675 of the California Health and Safety Code regarding the
allocation and payment of tax increment to Redevelopment Agencies, and
provide the resources necessary to carry out the Agency's programs.
Motion:
8.a. Approve Working Capital loan of $4,650,000 to the South Central
Project Area through August 31, 2009; and
8.b. Authorize the Mayor and the Chairperson of the Agency to execute the
attached agreement for 2008-2009, offering and accepting a loan and
various services from the City to the Agency totaling $5,725,000 for
fiscal year 2008-2009.
9. PLANNING ACTION AGENDA -AUGUST 26, 2008
All actions of the Planning Commission become final unless appealed by the City
Council or members of the public.
Motion: Receive and file.
City Council Regular Meeting September 2, 2008
Minutes Page 5 of 11
10. TUSTIN LEGACY PARK BUILDINGS C-4 AND 93
A Facility Architectural and Needs Assessment to determine the feasibility of
effectively renovating Building 93 and C-4 on the Tustin Legacy 25-Acre Park
site has been recently completed.
Motion: Concur with Staffs recommendation for demolition of Building C-4 and
93 as part of the design and planning process for the future Tustin Legacy
Community Park.
11. AWARD OF CONTRACT FOR DEMOLITION AND REMOVAL OF BUILDINGS
AND STRUCTURES ON FUTURE TUSTIN LEGACY PARK SITE (CIP NO.
2043)
Formal bids for the Demolition and Removal of Buildings and Structures on
Future Tustin Legacy Park Site (CIP No. 2043) have been received and a
construction contract is ready to be awarded to the lowest
responsive/responsible bidder.
Motion:
11.a. Transfer $124,400.00 from the Tustin Legacy Enterprise Fund (Fund
18) to the Tustin Legacy Park CIP Project Fund (2043); and
11.b. Award the construction contract Base Bid Item Numbers 1 through 4
and Additive Bid Item Numbers Al through A6 to Wreck Age
Demolition, Inc., the lowest responsive and responsible bidder, in the
amount of $158,600.00, and authorize the Mayor and the City Clerk to
execute the contract documents on behalf of the City.
12. AWARD OF CONTRACT FOR CONSTRUCTION OF THE CITRUS RANCH
PARK PROJECT (CIP NO. 2046)
Formal bids for the Citrus Ranch Park Project (CIP No. 2046) have been
received and a construction contract is ready to be awarded to the lowest
responsive/responsible bidder.
Mayor Amante highlighted the progression of the park project.
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert,
to award the construction contract for the Citrus Ranch Park Project (CIP No.
2046) to ValleyCrest Landscape Development, Inc., the lowest responsive and
responsible bidder, in the amount of $4,415,942.12, and authorize the Mayor
and the City Clerk to execute the contract documents on behalf of the City.
Motion carried 5-0.
City Council Regular Meeting September 2, 2008
Minutes Page 6 of 11
13. APPROVAL.. OF COOPERATIVE AGREEMENT BETWEEN THE ORANGE
COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF TUSTIN FOR
EXPANSION OF PARKING CAPACITY AT THE TUSTIN METROLINK
STATION
The Orange County Transportation Authority (OCTA) is requesting that the City
of Tustin enter into Cooperative Agreement No. C-7-1195 that would allow the
OCTA to proceed with design and construction of an 825 space parking
structure to serve the Metrolink Expansion Program.
Responsibility for ownership, operation and maintenance of the train station will
be deferred to a later date, pending further discussion with the OCTA and is
not a part of this agreement. In accordance with this cooperative agreement,
construction will not begin until this issue is resolved.
Mayor Amante noted efforts by the City and OCTA to bring this project forward.
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert,
to approve Cooperative Agreement No. C-7-1195 with the Orange County
Transportation Authority for design and construction of Expansion of Parking
Capacity at the Tustin Metrolink Station, and authorize the Mayor and City
Clerk to execute the document on behalf of the City. Motion carried 4-0-1
(Kawashima abstained).
14. APPROVAL OF A CONSULTANT SERVICES AGREEMENT WITH WILLDAN
HOMELAND SOLUTIONS TO PROVIDE NATIONAL INCIDENT
MANAGEMENT SYSTEM TRAINING FOR CITY STAFF
Federal regulations require that City personnel acting as emergency response
workers be provided with specific levels of emergency management training.
Staff is recommending that the City Council approve a Consultant Services
Agreement with Willdan Homeland Solutions to conduct all required training for
City personnel.
Motion: Approve a Consultant Services Agreement with Willdan Homeland
Solutions in the amount of $68,200 to provide federally required training in the
National Incident Management System.
15. APPROVAL OF COOPERATIVE AGREEMENT BETWEEN THE ORANGE
COUNTY TRANSPORTATION AUTHORITY-AND THE CITY OF TUSTIN FOR
- RAIL-HIGHWAY_ CROSSING SAFETY ENHANCEMENTS AND SAFETY
MEASURES RELATED TO .QUIET ZONE- IMPLEMENTATION AT THE RED
HILL AVENUE RAILROAD CROSSING
City Council Regular Meeting September 2, 2008
Minutes Page 7 of 11
The Orange County Transportation Authority (OCTA) is requesting that the City
of Tustin enter into Cooperative Agreement No. C-8-0863, thereby allowing the
OCTA to proceed with design and construction of safety enhancements at the
Red Hill Avenue railroad crossing. The OCTA Board of Directors approved the
cooperative agreement on August 25, 2008. Completion of the safety
enhancements will allow the City to file a Notice of Establishment of a Quiet
Zone with the Federal Rail Authority.
Mayor Amante noted efforts by the City and OCTA to bring this project forward.
Motion: It was moved by Mayor Amante, seconded by Councilmember Bone,
to approve Cooperative Agreement No. C-8-0863 with the Orange County
Transportation Authority for Rail-Highway Crossing Safety Enhancements and
Safety Measures Related to Quiet Zone Implementation at the Red Hill Avenue
railroad crossing, and authorize the Mayor and City Clerk to execute the
document on behalf of the City. Motion carried 4-0-1 (Kawashima abstained).
REGULAR BUSINESS ITEMS
16. PETITION TO ANNEX TERRITORY TO CITY OF TUSTIN COMMUNITY
FACILITIES DISTRICT NO. 06-1
When Tustin Community Facilities District No. 06-1 was created by the City
Council in July 2006, a small portion of the property was within a LIFOC (Lease in
Furtherance of Conveyance) area and still owned by the Department of the Navy.
The additional area has been released by the Navy and transferred to Moffett
Meadows Partners, LLC., Lennar Homes of California, Inc., and LandSource
Holding Company, LLC, (collectively, the "Landowner"). Under the Mello-Roos
Community Facilities Act, the Landowner has petitioned the City to annex
approximately 46 parcels to CFD 06-1.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Palmer, to:
16.a. Accept the Landowner's petition to annex territory to Community Facilities
District No. 06-1; and
16.b. Adopt resolution.
RESOLUTION NO. 08-62 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, OF INTENTION TO ANNEX
TERRITORY TO CITY OF TUSTIN COMMUNITY FACILITIES
DISTRICT N0.06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES)
Motion carried 5-0.
City Council Regular Meeting September 2, 2008
Minutes Page 8 of 11
17. 2007 TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM FAIR
SHARE ANALYSIS UPDATE
A 2007 updated analysis has been completed of the fair share contributions
required of development areas at Tustin Legacy to finance public facilities
needed to serve new development.
Marble Mountain requested a continuance. Staff recommended approval since
it had been continued in March of 2008.
Motion: It was moved by Mayor Tem Davert, seconded by Councilmember
Bone, to review and approve the 2007 Tustin Legacy Backbone Infrastructure
Program Fair Share Analysis and instruct City Staff to utilize the fair share
allocations for specific development areas pursuant to required Final EIS/EIR
mitigation for development at Tustin Legacy, contractual agreements with
developers at Tustin Legacy, conditions of entitlement approval for specific
development projects at Tustin Legacy in both Tustin and Irvine and in any and
all property negotiations for disposition by the City of property at Tustin Legacy.
Motion carried 5-0.
18. LEGISLATIVE REPORTS -MISCELLANEOUS
Staff has prepared one (1) agenda report that discusses the following legislative
item:
• SB 974 PORTS: CONGESTION RELIEF: AIR POLLUTION
MITIGATION: REGULATORY FEE
SB 974 is intended to provide a funding mechanism for various traffic and
air pollution mitigations measures related to port operations at the Ports
of Long Beach, Los Angeles and Oakland. Staff is recommending that
the City Council send a letter of support to the Governor.
Staff recommends that the City Council send a letter of support for
Senate Bill 974 to the Governor urging the Governor to sign the
legislation into law.
• Councilmember Bone noted that Prop 1 was changed to 1A.
Additionally, Council may request staff to prepare informational reports, and/or
letters of support/opposition on legislative matters that are time-sensitive and were
not agendized.
Motion: Council concurred to have Mayor Amante review current status of Bill
and if no significant material changes will sign letter of support as drafted by
staff, if not will bring back item for Council discussion.
City Council Regular Meeting September 2, 2008
Minutes Page 9 of 11
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Kawashima:
• Reminded everyone that school starts tomorrow, cautioned drivers to drive carefully
through city; and
• Parking regulations to be considered in near future.
Councilmember Palmer:
• Invited all to attend Village of Hope's Grand Opening on Sunday September 14.
Councilmember Bone:
• Orange County Vector Control -West Nile Virus has caused 2 deaths in Orange
County, advised residents to keep windows closed at night, use insect repellent with
Deet, limit outside activity after dusk and prevent standing water;
• Metrolink. Board received a 4th engine recently, commented on near catastrophic
incident avoided because Arrowhead water truck pushed stalled bus off train tracks just
before scheduled train pass-through;
• Southern California Association of Governments -Approval of SB 375 will remove local
planning authority; and
• City was recipient of Best Redevelopment Community of the Year award by the
Association of Defense Communities for Tustin Legacy, thanked staff for all their hard
work and efforts.
Mayor Pro Tem Davert:
• Commented on letter received from recent crime victims complimenting the Police
Department;
• Tustin Police Department was recipient of James Wilson award;
• Attended Metal of Valor ceremony where among others, Officer Mark Black honored for
outstanding bravery;
• Congratulated two new Commissioners Janice Hall and Marge Kasalek;
• Reminded all Tiller Days was a month away;
• Echoed Councilmember Kawashima's comments, school starts tomorrow, advised all
to be extra careful while driving;
• Congratulated staff for award by Department of Defense; and
• Orange County Sanitation District received Stockholm Award for ground water
replenishment project, largest water recycling facility in world.
Mayor Amante:
• Added to Councilmember Bone's comments on SB375 and receipt of national award;
• Congratulated Police Chief Jordan on recent awards and great efforts by all in the
police department;
• Travelled on behalf of Transportation Corridor Agency to Washington, DC, lobbying to
complete last segment of toll road, hearing on September 22~d in Del Mar;
• OCTA Central County Corridor study, will chair committee and work with Public Works
Director; and
• Public Workshop on proposed parking regulations on Monday, September 15 at 7p.m.
City Council Regular Meeting September 2, 2008
Minutes Page 10 of 11
ADJOURNED IN MEMORY OF C. ARTHUR NISSON AT 7:55 P.M.
The Tustin City Council Adjourned their meeting to Monday, September 15, 2008 at
7:00 p.m. for a Workshop to consider Parking Regulations.
The next regularly scheduled meeting of the City Council will be held on Tuesday,
September 16, 2008 at 5:30 p.m. for the Closed Session Meeting followed by the
Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial
Way, Tustin, California.
AMELA STOKER,
City Clerk
City Council Regular Meeting
Minutes
September 2, 2008
Page 11 of 11