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HomeMy WebLinkAboutCC MINUTES 2006 04 17MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA APRIL 17, 2006 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen; Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima Absent: None City Clerk: Pamela Stoker, City Clerk Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney PUBLIC INPUT -None CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) • AAE vs. City of Tustin • Amended Claim of the City of Huntington Beach B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: 305 East Main Street Negotiators: Assistant City Manager Christine Shingleton (City) and Cathy Sipia of Cathy's Kids Club Under Negotiation: Acquisition RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 7:01 p.m. City Council reconvened in public session. City Council Meeting April 17, 2006 Minutes Page 1 of 10 PUBLIC MEETING CALL TO ORDER - 7:02 P.M. INVOCATION -Father John Block, St. Cecilia's Church PLEDGE OF ALLEGIANCE -Councilmember Amante ROLL CALL Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen; Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney CLOSED SESSION REPORT -Nothing to report. PRESENTATIONS • Proclamation presented by Mayor Davert to Lucinda Cavazos, of the Donate Life Run/Walk Committee for National Donate Life Month • Proclamation presented by Mayor Davert to Adrian Morton for his invaluable service on the Parks and Recreation Commission (not present) • Proclamation presented by Mayor Davert to Leslie Pontious for her invaluable service on the Planning Commission • Presentation by Pat Sanchez, Director of Parks and Recreation on Citrus Ranch Park FIRST PUBLIC INPUT -Doug Millar, America's Bureau of Investigations, investigator of violent crimes distributed materials. CONSENT CALENDAR -Continue consideration of Item No. 17 to May 1, 2006. Councilmember Amante abstained on Item No. 15 due to prior legal relationship with one of the investors in the partnership. It was moved by Councilmember Amante, seconded by Councilmember Bone, to approve Consent Calendar items 1 through 16 as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES -REGULAR MEETING OF APRIL 3, 2006 Motion: Approve the Regular City Council Meeting Minutes of April 3, 2006. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $3,383,802.36 and $681,745; and Payroll in the amount of $653,459.19. City Council Meeting April 17, 2006 Minutes Page 2 of 10 3. CONSIDERATION OF CLAIM OF FAUSTO MONDACA, CLAIM NO. 06-03 Motion: That the City Council deny Claim Number 06-03, Fausto Mondaca, and direct Staff to send notice thereof to the Claimant. 4. CONSIDERATION OF CLAIM OF BONITA SQUIER, CLAIM NO. 06-01 Motion: That the City Council deny Claim Number 06-01, Bonita Squier, and direct Staff to send notice thereof to the Claimant. 5. QUARTERLY INVESTMENT REPORT Motion: Receive and file. 6. STATE OF CALIFORNIA HOMELAND SECURITY GRANT The County of Orange, acting through its Sheriff-Coroner Department is the lead agency for the Orange County Operational Area for Homeland Security. Acting in that capacity, they have applied for, received, and accepted a grant from the State of California Office of Homeland Security to enhance county-wide emergency preparedness. Terms of the grant require that certain funds, property or equipment purchased with grant funds be transferred to jurisdictions within the operational area. The City of Tustin, as a part of the operational area, is entitled to participate in the grant. Motion: Authorize reimbursement from the County of Orange to the City of Tustin for the purchase of the following items and services: MIR3 Automated notification system, Web EOC, Terrorism Liaison Officers equipment and salary reimbursement, and Citizen Corp equipment and funds. In addition, authorize the Chief of Police to sign any grant related paperwork on behalf of the City. 7. DECLARATION OF SURPLUS EQUIPMENT Motion: 7.a. Declare a 1982 Ford E-250 Van and 1988 Dodge Dakota Pick-up Truck surplus and not required for public use; and 7.b. Authorize staff to have serviceable equipment auctioned and dispose of those assets deemed beyond repair. 8. RESOLUTION IN SUPPORT OF BALLOT MEASURE A The City Council at the meeting of April 3, 2006 approved by a vote of 4-1 (Bone opposed) to support Measure A which will be on the June 6, 2006 Primary Election ballot. City Council Meeting April 17, 2006 Minutes Page 3 of 10 Motion: Adopt resolution. RESOLUTION NO. 06-45 - A resolution of the City Council of the City of Tustin, California supporting the Orange County Board of Supervisor's Ballot Measure A on the June 6, 2006 Primary Election 9. AUTHORIZATION FOR THE STATE TO PURCHASE ONE FLATBED/DUMP TRUCK Motion: Adopt resolution. RESOLUTION NO. 06-48 - 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 10. LOT LINE ADJUSTMENT NOS. 2006-01, 2006-02, 2006-03, AND 2006-04: THE DISTRICT AT TUSTIN LEGACY (VESTAR/KIMCO TUSTIN, L.P.) Motion: Adopt resolution. RESOLUTION NO. 06-51 - A resolution of the City Council of the City of Tustin, California, approving Lot Line Adjustment Nos. 2006-01, 2006-02, 2006-03, and 2006-04 11. LOT LINE ADJUSTMENT NO. 05-002: 1252-1472 EDINGER AVENUE (PACIFIC BELL TELEPHONE COMPANY, dba SBC) Motion: Adopt resolution. RESOLUTION NO. 06-38 - A resolution of the City Council of the City of Tustin, California, approving Lot Line Adjustment No. 05-002 12. CITY OF TUSTIN RESPONSE TO CITY OF ORANGE NOTICE OF PREPARATION (NOP) FOR THE COMPREHENSIVE GENERAL PLAN UPDATE DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT (EIR) Motion: Authorize staff to forward draft response letter to the City of Orange. 13. CONTRACT AMENDMENT FOR MAINTENANCE AND REPAIR SERVICES OF THE CITY'S HVAC SYSTEMS WITH BARR ENGINEERING, INC. Motion: Approve the second amendment to the contract agreement between Barr Engineering, Inc. and the City of Tustin for heating, ventilation, refrigeration, and air conditioning (HVAC) systems maintenance and repair services subject to City Attorney approval. City Council Meeting April 17, 2006 Minutes Page 4 of 10 14. AWARD OF CONTRACT FOR CONSTRUCTION OF THE TUSTIN RANCH ROAD REHABILITATION BETWEEN 1-5 FREEWAY AND BRYAN AVENUE (CIP NO. 7179), AND THE TUSTIN RANCH ROAD REHABILITATION BETWEEN WALNUT AVENUE AND 1-5 FREEWAY (CIP NO. 7180) Motion: Award the construction contract for the Tustin Ranch Road Rehabilitation between 1-5 Freeway and Bryan Avenue (CIP No. 7179), and the Tustin Ranch Road Rehabilitation between Walnut Avenue and 1-5 Freeway (CIP No. 7180) to All American Asphalt, the lowest responsible and responsive bidder in the amount of $993,993.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 15. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF TRAFFIC SIGNAL BOND FOR 1621 EDINGER AVENUE -EDINGER AVENUE AND PARKWAY LOOP INTERSECTION (TUSTIN BARN, LLC, CUP 02-026) Motion: Authorize staff to release the following bond in the indicated amount: Faithful Performance Bond No. 838171 S $200,000.00 Councilmember Amante abstained on Item No. 15. 16. LEASE AGREEMENT -DIGITAL PHOTOCOPIERS Motion: Authorize the City Manager to execute a 60-month lease, maintenance and supply agreement with Xerox for seven digital photocopiers in the annual amount of $31,600. 17. APPROVAL OF CONTRACT FOR CONSTRUCTION MONITORING FIELD SERVICES WITH RICHARD C. SLADE & ASSOCIATES LLC FOR MAIN STREET FACILITIES, WELL NO.4 REHABILITATION Motion: Continue consideration of matter to the May 1, 2006 Council meeting. REGULAR BUSINESS 18. MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE 05-002) Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem Hagen, to have second reading by title only and adoption of Ordinance No. 1311. Motion carried 5-0. (Roll Call Vote) ORDINANCE NO. 1311 - An ordinance of the City Council of the City of Tustin, adopting MCAS Tustin Specific Plan Amendment (Zone Change) 05- 002 to amend various sections of the MCAS Tustin Specific Plan City Council Meeting April 17, 2006 Minutes Page 5 of 10 PUBLIC HEARING 19. FISCAL YEAR 2006-07 ACTION PLAN AND PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS The Housing and Community Development Act of 1974, as amended, established the Community Development Block Grant (CDBG) program to return federal funds to local communities for the purpose of developing viable urban communities by providing decent housing, suitable living environments, and by expanding economic opportunities, specifically for low and moderate income persons. Annually, the City is required to prepare cone-year Action Plan that implements the goals and objectives contained in the Consolidated Plan. Presentation given by Elizabeth Binsack, Community Development Director. Public hearing opened at 7:33 p.m. Ann McClellan representing Dayle McIntosh Center requested reconsideration of application. There were no other public speakers and the hearing closed at 7:40 p.m. Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem Hagen, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 06-39 - A resolution of the City Council of the City of Tustin, California, approving the Action Plan Fiscal Year 2006-07 for submission to the U.S. Department of Housing and Urban Development REGULAR BUSINESS 20. DESIGN REVIEW 06-008, RAWLINGS RESERVOIR REPLACEMENT Design Review 06-008 is a City of Tustin Water project that involves the demolition of the existing 3.82 million gallon Rawlings Reservoir at 13331 Foothill Boulevard and the construction of two new 3.0 million gallon concrete domestic water tanks within the same site. Also proposed is an off-site storm drain connection within the existing right-of-way adjacent to the site. The proposed project would provide vital system-wide operational, fire suppression, and emergency storage for the Tustin Water Service Area. Presentation of staff report by Fred Adjarian, Water Services Manager. PROJECT DESCRIPTION ^ Demolition of Existing Reservoir 'Construction of Two New 3 Million Gallon Partially Buried Concrete Reservoirs 'New Curb, Sidewalk and Landscaping 'Construction of Storm Drain Pipe in Foothill Boulevard City Council Meeting April 17, 2006 Minutes Page 6 of 10 WHY IS PROJECT NEEDED? 'Replace Antiquated 3.8 MG Reservoir 'Update Seismic Integrity 'Increase Operational and Emergency Storage 'Upgrade Reservoir Security PROJECT PHASING 'Complete Final Design: -Prepare Asbestos Removal Plan/In-Situ Hazardous Materials Removal -Prepare Landscape Plans 'Approval of Plans & Specs/Authorize Solicitation of Bids 'Award Demolition/Construction Contract NOISE CONSIDERATIONS 'Normal Working Hours: 7:00 AM TO 6:00 PM, Monday -Friday. Saturday 9:00 AM To 5:00 PM ^No Construction on Sundays or City-Observed Federal Holidays 'Temporary Sound Attenuation Panels 'Construction Activities Will be Monitored AIR QUALITY CONSIDERATIONS 'Dust Controlled During Demolition and Construction 'Will Meet SCAQMD Guidelines 'Construction Emissions will meet Guidelines 'Asbestos Management Plan (Section 1403) 'Independent Third-Party HazMat Monitor TRAFFIC CONSIDERATIONS 'Construction Operations Estimated to Generate 17 Vehicle Trips per Day 'Residents to Receive Advance Notification on Street Closures and/or Traffic Restrictions TENTATIVE PROJECT SCHEDULE 'Approval of Plans and Specifications (February 2007) 'Advertise/Award (March 2007) 'Award Contract (April-May 2007) 'Begin Facility Construction (May 2007) 'Project Completion (February 2009) Robin Lang, Bruce, and Mike Viramonte spoke in opposition to the project, and concerns over asbestos. Council discussion ensued. It was noted that storage capacity will almost double to 13 million gallons. Legal requirement is to have 3-day operating storage for City Council Meeting April 17, 2006 Minutes Page 7 of 10 emergencies and firefighter needs, currently 1-day supply. Staff will coordinate traffic flow with County to minimize impact. Motion: It was moved by Councilmember Bone, seconded by Councilmember Amante, to adopt resolutions. Motion carved 5-0. RESOLUTION NO. 06-49 - A resolution of the City Council of the City of Tustin, California, adopting the Final Mitigated Negative Declaration as adequate for Design Review 06-008, and adopting a Mitigation Monitoring and Reporting Program, as required by the California Environmental Quality Act RESOLUTION NO. 06-50 - A resolution of the City Council of the City of Tustin approving Design Review 06-008 for the Rawlings Reservoir replacement project at 13331 Foothill Boulevard 21. SIGNS IN PUBLIC RIGHTS OF WAY The City is restricted in the way it can regulate the exercise of speech in streets and public rights of way. However, the City may adopt and enforce reasonable time, place, and manner regulations for such activities. The City Council also has the authority to prohibit signs installed in the right-of-way or fixed to public facilities such as street lights and utility poles and may regulate the physical characteristics of the human signs and the manner in which human signs are displayed. Presentation of staff report by Douglas Holland, City Attorney and requested policy direction. Council discussion followed. Indicated that there is a proliferation of off-site signs. Would like reasonable and balanced restrictions without being draconian. City Attorney Holland indicated concerns with pedestrian safety and driver distractions with human signs. Suggested that Council adopt reasonable time, place, and manner regulations for advertising activities. Motion by unanimus consent to have Planning Commission study the matter and report back with recommendations. 22. CITY COUNCIL -LEGISLATIVE UPDATES Discuss AB2197 (DeVore) Redevelopment -Bill being amended; continue consideration to future meeting Discuss SB1627 (Kehoe) Wireless Telecommunication Facilities -Bill being amended. T-Mobile is sponsor. Councilmember Bone recommended that Community Development control towers and not State legislators. Trend to regulating telecommunications is on the rise. City Council Meeting April 17, 2006 Minutes Page 8 of 10 Motion: It was moved by Councilmember Amante, seconded by Councilmember Bone, to forward letter of opposition on SB1627. Motion carried 5-0. SECOND PUBLIC INPUT -None OTHER BUSINESS /COMMITTEE REPORTS Councilmember Amante: • Transportation Corridor Agency appointed sub-committee to work with federal and state legislators particularly on transportation issues; • Attended Easter Egg Hunt on Saturday, great success; • Old Town Committee meeting discussed business development; and • _i hanked Water Services Manager Fred Adjarian for tour of water facilities. Councilmember Kawashima: • Invited everyone to Casino Night on April 22"d to benefit Senior Center kitchen expansion. Councilmember Bone: • League of Cities Transportation, Communication & Public Works Committee had presentation on street lights; referred to Audit Committee for review; • Metrolink meeting announced a fare increase in July and purchased 11 locomotives; • Southern California Association of Governments appointed new President and Vice President; • League of Cities discussed AB2987, would like city attorney to review the bill; • Water Advisory Committee of Orange County revised report from previous meeting regarding water usage; and • Street Fair Committee, Fair June 4t" from 11-5 p.m., Tustin Auto Center, Ralph's Grocery and Tustin Brewery will sponsor. Mayor Pro Tem Hagen: • City Manager Huston provided information on storage facility next to Fire Station 43; and • Lobbied in Washington, DC on behalf of Orange County Fire Authority for education center, Urban Search and Rescue training, and funding for pre-emption of traffic lights. Mayor Davert: • Easter Egg Hunt was a great success; • Announced public hearing on water rate increase at May 1St Council meeting; • Flat Stanley attended meeting, spending 3 weeks with Mayor; • Chamber of Commerce to have Annual Business Expo on Thursday; and • Adjourned in memory of Elaine Elizabeth Fisher. mercy c:ouncu tweeting April 17, 2006 Minutes Page 9 of 10 ADJOURNED - 8:52 P.M. -Next meeting scheduled for May 1, 2006 at 5:30 p.m. for Closed Session and 7:00 p.m. for Regular Session in the Council Chamber, 300 Centennial Way, Tustin, California Adjourn in memory of Elaine Elizabeth Fisher MELA STOKE City Clerk City Council Meeting April 17, 2006 Minutes Page 10 of 10