HomeMy WebLinkAbout02 MINUTES OF MTGS, 12-4-06Agenda Item
MINUTES OF THE SPECIAL MEETING Reviewed:
OF THE CITY COUNCIL City Manager
TUSTIN, CALIFORNIA Finance Director
DECEMBER 4, 2006
CALL TO ORDER - 5:31 p.m.
ATTENDANCE
Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen;
Councilmembers JerryAmante, Lou Bone, and Tony Kawashima
Absent: None
City Clerk: Pamela Stoker
Others Present: UVilliam A. Huston, City Manager and Douglas C. Holland, City
Attorney
PUBLIC INPUT -None
1. DECLARING RESULTS OF NOVEMBER 1, 2006 GENERAL MUNICIPAL
ELECTION
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Amante, to adopt resolution. Motion carried 4-1 (Hagen opposed).
RESOLUTION N0. 06-129 - A resolution of the City Council of the City of
Tustin, California, declaring the results of the General Municipal Election held
on November 7, 2006, and other such matters as provided bylaw
OATH OF OFFICE -Administered Oaths of Office to Doug Davert and Jim Palmer by City
Clerk Pamela Stoker
ADJOURNED-5:35 P.M.
City Council Special Meeting December 4, 2006
Minutes Page 1 of 1
Agenda Item
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
DECEMBER 4, 2006
CALL TO ORDER- 5:35 P.M.
ATTENDANCE
Present: Mayor Doug Davert; Councilmembers Jerry Amante, Lou Bone, Tony
Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney
PUBLIC INPUT -None
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION pursuant to
government Code Section 54956.9 -City of Newport Beach and City of Tustin v. City
of Irvine (2323 Main Street)
B. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to
government Code Section 54956.9(a) - AAE
C. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Agency Negotiators: Kristi Recchia, Director of Human Resources and
Linda Jenson
Employee Organization: Tustin Municipal Employees Association (TMEA)
Employee Organization: Tustin Police Officers Association (TPOA)
Employee Organization: Tustin Police Support Service Association (TPSSA)
Employee Organization: Tustin Police Management Association (TPMA)
RECESS - At 5:35 p.m. City Council recessed to closed session to discuss matters listed
under Closed Session.
RECONVENE -At 7:00 p.m. City Council reconvened in public session.
City Council Meeting December 4, 2006
Minutes Page 1 of 10
REGULAR BUSINESS
CALL TOORDER - 7:00 P.M.
INVOCATION -Jim Kane, Saddleback Chapel
COLORS PRESENTATION & PLEDGE OF ALLEGIANCE -Tustin Police Department
CEREMONIAL OATH OF OFFICE
. Oath of Office administered to Doug Davert by Councilmember Jerry Amante
. Oath of Office administered to Jim Palmer by CouncilmemberJerryAmante
Councilmember Jim Palmer stated that it was an honor to serve the City and looking
forward to effective and productive years on the City Council. He also thanked his family
for their support.
ROLL CALL
Present: Mayor Doug Davert; Councilmembers Jerry Amante, Lou Bone, Tony
Kawashima, and Jim Palmer
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.
PROCLAMATION to Jill Leach on the occasion of her retirement as Editor of the Tustin
News presented by Mayor Davert
FIRST PUBLIC INPUT
• Tracy Worley Hagen, commented on her many years of public service, noting that
significant positive change had occurred throughout the City due to efforts of the
Council and City staff during her term of office, thanked family for continuing support;
and residents of Tustin who had confidence in her abilityto serve them.
• Audrey Swearengen, commented on last Council meeting and expressed. optimism for
Tustin's future underthe guidance of the new City Council
• Nathan Menard, congratulated incoming Council and Tracy Worley Hagen for years of
service to the community
City Council Meeting December 4, 2006
Minutes Page 2 of 10
• Jonathan Abelove, Lynn Davis, and Francine Scinto representing Tustin Unified School
District presented School Bell to Tracy Worley Hagen for years of service to the
community.
• Tom Saltarelli, congratulated Mayor Davert and newly elected councilmember Jim
Palmer and thanked Tracy Worley Hagen fortwelve years of service.
• Billy C. Hall, on behalf of Tustin American Legion requested continuous and harmonious
relationship with the City and reported that he had tendered his resignation as
Commander of Tustin American Legion and as President of the Tustin Village Mobile
Home Park Association, whom both requested his continuing service.
• Tina Blenz and Kelly Poissant spoke on Pasadena Water Well drilling reported on
construction of waterwell on Pasadena Avenue
• Mayor Davert presented outgoing councilmember Tracy Worley Hagen with a plaque on
behalf of the City in recognition of her many years of service as councilmember, Mayor
Pro Tem, and Mayor.
• Councilmember Kawashima echoed Mayor's remarks.
CONSENT CALENDAR -Pulled items 11 and 12 for separate consideration. It was moved
by councilmember Amante, seconded by councilmember Palmer, to approve items 1
through 10 and 13 through 16. Motion carried 5-0.
1. APPROVAL OFMINUTES -REGULAR MEETING OF NOVEMBER 20, 2006
Motion: Approve the Regular City Council Meeting Minutes of November 20, 2006.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $829,246.75 and $3,092,651.70; and
Payroll in the amount of $635,846.98.
3. 2007 LOCAL APPOINTMENTS LIST
Motion: Approve the 2007 Local Appointments List for the Planning Commission,
Parks and Recreation Commission, Historic Resource Committee, and Audit
Committee.
4. CANCELLATION OF DECEMBER 18, 2006 CITY COUNCIL MEETING
Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly
scheduled Council meeting of December 18, 2006 and that the City Council hereby
waives notice of said meeting as required by the government code.
City Council Meeting December 4, 2006
Minutes Page 3 of 10
5. PLANNING ACTION AGENDA -NOVEMBER 27, 2006
All actions of the Planning Commission become final unless appealed by the City
Councilor member of the public.
Mofion: Ratify the Planning Commission Action Agenda of November 27, 2006.
6. CONSIDERATION OF CLAIM OF LIBERTY MUTUAL AS SUBROGEE FOR
DIANE HALE, CLAIM N0.06-31
The Claimant reported that while it was parked in front of 650 W. Main Street,
their insured's Hyundai Santa Fe was damaged by branches falling from a City
tree. The cost to repair the resulting dents and scratches on the vehicle was
$788.48.
Motion: Deny Claim Number 06-31, Liberty Mutual for Diane Hale, and direct
Staff to send notice thereof to the Claimant.
7. CONSULTANT SERVICES AGREEMENT, OLD TOWN PARKING STUDY
Motion: Authorize the City Manager to execute a Consultant Services
Agreement with Katz, Okitsu and Associates to perform the subject study.
8. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 3001302 S. B STREET AND 308 W. THIRD STREET
The Mills Act is State legislation that provides for reduced property taxes on an
eligible historic property if the property owner agrees to maintain and preserve
the property for a minimum of ten years. On June 16, 1997, the City Council
authorized the implementation of a Mills Act program in Tustin and established a
policy specifying which properties would be eligible for the program. Said
property would be the eleventh historic property preservation agreement to be
considered by the Council. The body of the agreement contains standard
language that is required by State law to be included in every Mills Act contract.
Owner: Katherine Wu
Mofion: Adopt resolution.
RESOLUTION NO. 06-127 - A resolution of the City Council of the City of
Tustin, California, authorizing the City Manager or authorized designee to
coordinate, process, and execute the Historic Property Preservation
Agreement attached hereto as Exhibit 1 with the owner of the property
located at 3001302 South B Street and 308 West Third Street, Tustin,
City Council Meeting December 4, 2006
Minutes Page 4 of 10
California
9. AWARD OF CONTRACT FOR CONSTRUCTION Of THE IRVINE BOULEVARD
REHABILITATION BETWEEN RANCHWOOD ROAD AND JAMBOREE ROAD
(CIP N0. 7181 }, AND THE JAMBOREE ROAD REHABILITATION BETWEEN
IRVINE BOULEVARD AND 1350 FEET NORTH OF TUSTIN RANCH ROAD
(CIP NOS. 7182, 7183 & 7184)
Bids for the combined Irvine Boulevard Rehabilitation between Ranchwood Road
and Jamboree Road (CIP No. 7181), and the Jamboree Road Rehabilitation
between Irvine Boulevard and 1350 Feet North of Tustin Ranch Road (CIP Nos.
7182, 7183 & 7184} have been received and a construction contract is ready to
be awarded.
Motion: Award the construction contract for the Irvine Boulevard Rehabilitation
between Ranchwood Road and Jamboree Road (CIP No. 7181), and the
Jamboree Road Rehabilitation between Irvine Boulevard and 1350 Feet North of
Tustin Ranch Road (CIP Nos. 7182, 7183 & 7184) to All American Asphalt, the
lowest responsible and responsive bidder, in the amount of $2,766,204.55, and
authorize the Mayor and the City Clerk to execute the contract documents on
behalf of the City.
10. SUPPLEMENTAL APPROPRIATION FOR THE RED HILL AVENUE/OLWYN
DRIVE PEDESTRIAN ENHANCEMENTS PROJECT (CIP NO. 4067)
The contractor for the Red Hill Avenue / Olwyn Drive Pedestrian Enhancements
Project (CIP No. 4067) has requested a change order for additional work. The
cost of this work has now been resolved and a supplemental appropriation is
necessary to complete payment of this change order.
Motion: Approve a supplemental appropriation in the amount of $15,000.00 from
the unappropriated Capital Projects Fund to the Red Hill Avenue / Olwyn Drive
Pedestrian Enhancements Project (CIP No. 4067).
11. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE TUSTIN LEGACY PORTAL ENTRY AT RED
HILL AVENUE AND VALENCIA AVENUE (CIP NO. 1046)
The plans and specifications for the Tustin Legacy Portal Entry at Red Hill
Avenue and Valencia Avenue (CIP No. 1046} have been prepared and the
project is now ready to bid. A Notice of Exemption has been recorded with the
County of Orange for said project, as it is categorically exempt under California
Environmental Quality Act (CEQA) requirements.
Motion: It was moved by Councilmember Bone, seconded by Councilmember
City Council Meeting December 4, 2006
Minutes Page 5 of 10
Kawashima, to adopt resolution. Motion carried 4-0 (Palmer abstained).
RESOLUTION N0.06-128 - A resolution of the City Council of the City of
Tustin, California approving Plans and Specifications for the Tustin
Legacy Portal Entry at Red Hill Avenue and Valencia Avenue (CIP No.
1046), and authorizing advertisement for bids
12. APPROVAL OF COOPERATIVE AGREEMENT N0. C-6-0799 BETWEEN THE
ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF
TUSTIN FOR CITY-INITIATED-TRANSIT EXTENSIONS TO METROLINK (THE
"G0 LOCAL STEP 1"PROGRAM)
In order to address future Metrolink service expansion, the Orange County
Transportation Authority (OCTA) has developed a program known as "GO
LOCAL", which provides for the study of city-initiated transit extensions to
Metrolink train stations. "GO LOCAL Step ~1" provides grant money for cities to
study transit needs and develop visions for enhancing access to the Metrolink
system. Under Cooperative Agreement No. C-6-0799, a project concept will be
pursued which will identify .needs and opportunities to enhance transit service to
the Tustin Metrolink Station.
Motion: It was moved by Councilmember Amante, seconded by Councilmember
Bone, to approve Cooperative Agreement No. C-6-0799 with the Orange County
Transportation Authority for City-Initiated Transit Extensions to Metrolink (the
"GO LOCAL Step 1" Program), and authorize the Mayor and City Clerk to
execute the document on behalf of the City. Motion carried 4-0 (Kawashima
abstained).
13. PROJECT MANAGEMENT SERVICES FOR TUSTIN LIBRARY PROJECT (CIP
1045)
Construction plans and specifications are nearing completion for the Tustin
Library Project and given the complexity of the project, it is now necessary to
enter into an agreement for project construction management services.
Motion: Approve the Consultant Services Agreement with Griffin Structures, Inc.
(the "Consultant") for project construction management services; and authorize
the City Manager to execute a Consultant Services Agreement with the
Consultant, subject to final approval as to form of the Agreement as required by
the City Attorney.
14. OFFICE LEASE FOR 275 CENTENNIAL WAY, SUITES 104 AND 104A,
TUSTIN
Motion:
City Council Meeting December 4, 2006
Minutes ~ Page 6 of 10
14.a. Authorize the City Manager to execute the proposed Office lease for
Suites 104 and 104 A at 275 Centennial Way, Tustin; and
14.b. Appropriate $36,785 from the unappropriated fund balance in the Town
Center Redevelopment Project Area, $36,785 from the unappropriated
fund balance in the South Central Redevelopment Project Area, and
$31,530 from the unappropriated fund balance in the MCAS Tustin
Redevelopment Project Area
15. 2005-2006 ANNUAL REPORT -REDEVELOPMENT AGENCY
Motion:
15.a. Receive and file an annual report of housing activity for FY2005-06; and
15.b. Direct that a copy of an annual report of housing activity for FY 2005-06
and all other required reporting documents and forms be executed in final
form and filed with the City of Tustin, the State Controller, and State
Department of Housing and Community Development.
16. DECLARATION OF SURPLUS EQUIPMENT - PUBLIC WORKS
DEPARTMENT
Motion: Declare the equipment detailed in the attached report as surplus and
not required for public use, in accordance with the City Code, Section 1626 and
authorize the Public Works Department to sell the equipment at public auction.
REGULAR BUSINESS
17. ORDINANCE FIRST READING -DESIGNATION OF PUBLIC PARKING AREAS
AND REVIEW OF A DRAFT DEVELOPMENT AGREEMENT BETWEEN THE
CITY AND PROSPECT VILLAGE, L.P.
This action recommends an ordinance providing for the designation of public
parking areas within the City, adoption of a resolution for the designation of
parking spaces owned by the City and located at the Tustin Water Yard parking
lot as a public parking area, and includes City Council approval to transmit a
proposed Development Agreement recommended for subsequent review and
action bythe Tustin Planning Commission
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Kawashima, to approve items as recommended by staff. Motion carried 5-0.
City Council Meeting December 4, 2006
Minutes Page 7 of 10
17.a. Introduce and have first reading of Ordinance No. 1323 and set for second
reading at the Council's next scheduled meeting;
ORDINANCE NO. 1323 - An ordinance of the City of Tustin, California,
adding Chapter 9 to Article 7 of the Tustin City Code, providing for the
designation of public parking areas within the City
17.b. Instruct staff to commence proceedings, provide a notice consistent with
Ordinance No. 1323, and prepare a resolution designating parking spaces
owned by the .City of Tustin, located at the Tustin Water Yard parking lot,
as a public parking area. Resolution to be heard concurrently with the
adoption of Ordinance No. 1323, to go into effect on the effective date of
Ordinance No. 1323; and
17.c. Refer draft Development Agreement 06-01 to the Tustin Planning
Commission for action.
18. ORDINANCE SECOND READING - CODE AMENDMENT 06-007: AN
ORDINANCE REGARDING CONSISTENCY OF ANY USE, ENTITLEMENT,
AUTHORIZATION, LICENSE, OR PERMIT WITH APPLICABLE STATE AND
FEDERAL LAWS
The City Council previously adopted interim urgency ordinances prohibiting the
establishment of medical marijuana dispensaries. The second interim urgency
ordinance will expire in approximately two months. In lieu of extending this
moratorium for one additional year, staff and the City Attorney are proposing the
City adopt an ordinance that will expressly provide that any use proposed for any
district in the City must be consistent with federal and state law. This prohibition
would extend to medical marijuana dispensaries since such uses are
inconsistent with federal law. At its meeting of November 13, 2006, the Planning
Commission recommended approval of Ordinance No. 1322.
Motion: It was moved by CouncilmemberAmante, seconded by Councilmember
Bone, to have second reading by title only and adoption of Ordinance No. 1322.
Motion carried 5-0. (Roll call vote)
ORDINANCE N0. 1322 - An ordinance of the City of Tustin, California,
adding Subsection d to Section 9270 and Subsection f to Section 9298 of
the Tustin City Code, relating to the establishment of prohibited uses in all
zoning districts
19. CITY COUNCIL-LEGISLATIVE UPDATES
Nothing to report.
20. MAYORANDMAYOR PRO TEM SELECTION
City Council Meeting December 4, 2006
Minutes Page 8 of 10
Mayor Davert thanked colleagues and residents for support this past year and
highlighted some accomplishments: Tustin Legacy - Lennar construction almost
complete, Village of Hope and Vestar Development in progress, as well as major
road construction; major street improvements throughout the City; Tustin Library
finalizing plans, land acquisition, and demolition underway, with dedication
expected in 2009. This has been a year of planning -laying down groundwork,
for many projects that will soon come to fruition. Special recognition to City staff
and to the Tustin Police Department for recent transition to community
governance.
Motion: It was moved by Mayor Davert, seconded by Councilmember Amante,
to nominate Lou Bone as Mayor and close the nomination for position.
Mayor Davert declared Councilmember Lou Bone unanimously elected
Mayor.
Mayor Bone presided over the meeting.
Mayor Bone presented plaque to outgoing Mayor Davert.
Motion: It was moved by Mayor Bone, seconded by Councilmember Davert, to
nominate Councilmember Amante as Mayor Pro Tem and close the nomination
for position. Motion carried 5-0.
SECOND PUBLIC INPUT - Grace Wu, conveyed appreciation for democratic process in
America.
OTHER BUSINESS I COMMITTEE REPORTS
Councilmember Kawashima;
• Congratulated Mayor Bone;
• Requested that residents' concerns regarding Pasadena Avenue Well project are
handled; and
• Congratulated Councilmember Jim Palmer on election to the council.
Councilmember Davert:
• Attended November 16th Thanksgiving Breakfast, thanked everyone who participated;
• Participated in First Annual AYSO Mayor's Cup;
• More lighted soccer fields needed, requested joint partnership with Tustin Unified School
District (TUSD) for use of fields;
• Tree Lighting ceremony on December 1 st was successful event;
• Congratulated Mayor Bone and Mayor Pro Tem Amante, welcomed Councilmember
Palmer;
• Wished everyone happy holidays;
• Congratulated Mayor Pro Tem Amante, elected to serve on Orange County
__
City Council Meeting December 4, 2006
Minutes Page 9 of 10
Transportation Authority Board (OCTA); and
• Congratulations to Goldie Nannes, appointed to League of California Cities Senior
Citizens Advisory Committee.
Councilmember Palmer:
• Congratulated Former Mayor Doug Davert on high record of votes by the people;
• Commented on requests by residents during his campaign, thanked the voters; and
• Wished everyone a Merry Christmas and Happy Hanukah.
Mayor Pro Tem Amante:
• Thanked outgoing Mayor Davert for strengthening bond between City and TUSD,
planning for City development, spearheading several fund raising events, establishment
of Mayor's Cup and many otheraccomplishments;
• Congratulated and welcomed CouncilmemberJim Palmer;
• Congratulated Mayor Bone on election as Mayor and appointment to Head of Maglev
Task force;
• Recognized his family and friends in attendance;
• Thanked Police for community governance;
• Commented on UCLA victory;
• Remarked on opening of 22 freeway and will be working with executive director of
Orange County Transportation Authority on improving traffic flow;
• Thanked many for support to his position on OCTA board;
• Congratulated stafffor Christmas Tree Lighting ceremony last week; and
• Wished all a blessed Merry Christmas, Happy Hanukah and New Year.
Mayor Bone:
• Thanked council for opportunity to serve as Mayor, thanked outgoing Mayor Davert;
• Memorandum of Understanding needed on Quiet & Safety Zones;
• Recycling efforts need improvements;
• Requested planning for Katherine Spur land;
• Several upcoming anniversaries including City's 80th Anniversary, Tustin Chamber of
Commerce's, Man & Woman of the Year and Tiller Days' 50th Anniversaries;
• Continue review of city committees in coming year;
• Water Advisory Council of Orange County report, more waterwells are needed;
• Southern California Association of Government (SCAG) appointed Councilmember
Palmer to housing committee; and
• SCAG Policy Director confirmed removal of 1,067 base housing units and OCCOG
unanimously opposed RHNA needs assessment report.
ADJOURNED - 8:24 p.m. -The next regular meeting of the City Council is scheduled for
Tuesday, January 2, 2007, at 5:30 p.m. for Closed Session and 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin, California.
NOTE: The December 18, 2006 City Council meeting cancelled.
City Council Meeting December 4, 2006
Minutes Page 10 of 10