HomeMy WebLinkAbout01 MINUTES OF 02-05-07 MEETING 02-20-07MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
FEBRUARY 5, 2007
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present:Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Council members
Doug Davert, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Maria R. Huizar, Chief Deputy City Clerk
Others Present: Douglas C. Holland, City Attorney
PUBLIC INPUT - None
CLOSED SESSION ITEMS
A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
a.1. Agency Negotiator:
Kristi Recchia, Director of Human Resources
Employee Orqanization: Part-Time Unrepresented Employees
Employee Orqanization: Unclassified Confidential Employees
a.2. Agency Negotiator: William A. Huston, City Manager
Emplovee Oraanization: Supervisory
Employee Orqanization: Management
Employee Oraanization: Executive Management
B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a) - Strayer vs. City of Tustin, Claim No. 05-30
RECESS - At 5:31 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
Minutes
February 5, 2007
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PUBLIC MEETING
CALL TO ORDER - 7:00 p.m.
INVOCATION - Mayor Bone
PLEDGE OF ALLEGIANCE - Councilmember Jim Palmer
ROLL CALL
Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Council members
Doug Davert, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: Christine Shingleton, Assistant City Manager and Douglas C.
Holland, City Attorney
CLOSED SESSION REPORT - Nothing to report.
PRESENTATIONS
. Certificate of Recognition presented by Mayor Bone to Pam Gooderham on being
named the 2007 Woman of the Year by the California 70th Assembly District
. Presentation by Erin Runnion on The Joyful Child Foundation
. 2006 Community Development Department Activity Report
PUBLIC HEARING ITEM
1. DESIGNATION OF CITY-OWNED TUSTIN WATER YARD PARKING LOT
AT 235 EAST MAIN STREET AS A PUBLIC PARKING AREA
The City of Tustin owns the Tustin Water Yard property located at 235 East
Main Street, which includes a parking area consisting of 67 parking spaces.
Pursuant to Ordinance No. 1323, which was adopted by the Tustin City
Council on January 15, 2007, the Council may by resolution designate
available City-owned property as a public-parking area to increase the
availability of parking in certain areas of the City.
The use of designated public parking areas for public parking shall be non-
exclusive, and the City Council shall retain the right to concurrently use the
property for whatever additional purposes the City Councilor its designee
reasonably determines are necessary or convenient and consistent with such
parking use.
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Minutes
February 5, 2007
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The public hearing opened at 7:17 p.m. There were no speakers and the
hearing closed at 7:18 p.m.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to adopt resolution. Motion carried 5-0.
RESOLUTION NO. 07-16 - A resolution of the City Council of the City
of Tustin, California, designating the City-owned Tustin Water Yard
Parking Lot located at 235 East Main Street as a Public Parking Area
FIRST PUBLIC INPUT - No speakers.
CONSENT CALENDAR ITEMS - Agenda items 4, 9, and 14 were pulled for separate
discussion. It was moved by Councilmember Davert, seconded by Councilmember
Palmer, to approve items 2, 3, 5-8, and 10-13. Motion carried 5-0.
2. APPROVAL OF MINUTES - SPECIAL AND REGULAR MEETINGS OF
JANUARY 15, 2007
Motion: Approve the Special and Regular City Council Meeting Minutes of
January 15, 2007.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $1,344,885.50; $1,593,157.41;
and $4,193,367.96; and Payroll in the amount of $907,324.73.
The City of Tustin has been contracting for Customer Service and Meter
Reading activities for approximately nine years. We have received two
proposals to provide these services for the period beginning January 2007
through December 2012. Staff is recommending that the City Council
authorize the execution of an agreement with Alexander's, Inc.
Mayor Bone inquired on automated meter reading system. Finance Director
Ron Nault indicated that it is cost prohibitive, at the present time.
Motion: It was moved by Mayor Bone, seconded by Councilmember Davert,
to authorize the Finance Director to sign the agreement with Alexander's, Inc.
when all necessary insurance and other required documentation has been
received. Motion carried 5-0.
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Minutes
February 5, 2007
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5. FINAL PARCEL MAP 2006-103: 1412 AND 1432 EDINGER AVENUE
On May 15, 2006, the City Council approved Tentative Parcel Map 2006-103
(Applicant/Owner: HW Pacific Office Plaza, LLC). All conditions associated
with the tentative map approval have been fulfilled and the final map may be
approved and recorded.
Motion: Adopt resolution.
RESOLUTION NO. 07-10 - A resolution of the City Council of the City
of Tustin approving Final Parcel Map 2006-103 for condominium
purposes to accommodate a 66,579 square foot office development at
1412 and 1432 Edinger Avenue, also known as Lot 2 of Lot Line
Adjustment 05-002
6. DESTRUCTION OF RECORDS - CITY CLERK'S OFFICE
Resolution No. 01-91, the Record Retention/Disposition Schedule, permits
destruction of records and documents which meet certain criteria with the
ap'proval of the City Attorney and the City Council.
Motion: Adopt resolution.
RESOLUTION NO. 07-19 - A resolution of the City Council of the City of
Tustin, California, authorizing the destruction of certain City records and
papers in the possession of the City Clerk's Office that are no longer
required for conduct of City business pursuant to Government Code
Section 34090 and the City of Tustin's Records Retention Schedule
7. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE
FOR BIDS FOR ANNUAL STRIPING AND PAVEMENT MARKINGS PROGRAM
FOR FISCAL YEARS 2007/2008 THROUGH 2011/2012 (PROJECT NO. 402-
6230)
The current contract for the Annual Striping and Pavement Markings Program
will soon expire. The specifications for the program have been prepared and the
project is now ready to bid. This project will provide for maintenance of existing
citywide striping and pavement markings, and installation of new signing, striping
and pavement markings at various locations.
Motion: Adopt resolution.
RESOLUTION NO. 07-15 - A resolution of the City Council of the City of
Tustin, California for approval of specifications and authorization to
advertise for bids for Annual Striping and Pavement Markings Program for
Fiscal Years 2007/2008 through 2011/2012 (Project No. 402-6230)
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Minutes
February 5, 2007
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8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE MAIN STREET WELL NO.
4 REHABILITATION PROJECT (CIP NO. 6157)
Construction of the Main Street Well No.4 Rehabilitation Project (CIP No.
6157) has been completed to the satisfaction of the City Engineer and is now
ready for City Council acceptance.
Motion:
8.a. Adopt resolution;
RESOLUTION NO. 07-13 - A resolution of the City Council of the City
of Tustin, California, accepting the works of improvement and
authorizing the recordation of the Notice of Completion for the
construction of the Main Street Well No.4 Rehabilitation Project (CIP
No. 6157)
and direct the City Clerk to:
1. Release the Labor and Materials Bond not sooner than thirty-five
(35) days after the date of recordation of the Notice of Completion;
and
2. Release the Faithful Performance Bond not sooner than one year
after the date of recordation of the Notice of Completion.
8.b. Assuming no claims or stop payment notices are filed, it is further
recommended that thirty-five (35) days after the date of recordation of
the Notice of Completion, the City Council authorize payment of the
final retention in the amount of $12,255.00 to General Pump Company,
Inc.
The approval of a Consultant Services Agreement with Fehr & Peers will
provide engineering services to study transit needs and develop visions for
enhancing access to the Tustin Metrolink Station, under the Orange County
Transportation Authority (OCT A) "GO LOCAL Step 1" program.
Mayor Pro Tem Amante commented that program is part of Measure M and
important for overall circulation system.
Councilmember Davert noted that study will be funded through a grant from
OCT A.
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February 5, 2007
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Motion: It was moved by Mayor Bone, seconded by Mayor Pro Tem Amante,
to approve the Consultant Services Agreement with Fehr & Peers to study
transit needs at the Tustin Metrolink Station in the not to exceed amount of
$94,490, and authorize the Mayor and City Clerk to execute the Agreement
on behalf of the City. Motion carried 4-0-1 (Kawashima abstained due to
conflict of interest).
10. REMOVAL OF MARKED CROSSWALK ON SEVENTEENTH STREET AT
TREEHA VEN DRIVE
Seventeenth Street was resurfaced between Carroll Way and Prospect
Avenue under the FY 2005/2006 Annual Major Pavement Maintenance
Program (CIP No. 7001) and the existing unprotected marked crosswalk on
Seventeenth Street within the project limits at Treehaven Drive was paved
over. It is recommended that the crosswalk not be repainted due to the low
volume of pedestrians, the high volume and speed of the traffic, and the six
lane configuration of Seventeenth Street. California Vehicle Code (CVC)
Section 21950.5 requires that the public be notified and be allowed to provide
input regarding the permanent removal of a marked crosswalk.
Motion: Adopt resolution.
RESOLUTION NO. 07-12 - A resolution of the City Council of the City
of Tustin, California, approving the removal of the marked crosswalk
on Seventeenth Street at Treehaven Drive
11. SURPLUS EQUIPMENT SALES REPORT
Notic.e of the sale of surplus equipment at public auction in accordance with
Section 1626 of the Tustin Municipal Code.
Motion: Receive and file.
12. ADOPTION OF RESOLUTION NO. 07-17 ORDERING THE PREPARATION
OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL
YEAR 2007-2008
Resolution No. 07-17 orders the preparation of the Engineer's Report for the
Tustin Landscape and Lighting District Levy of Annual Assessments for
Fiscal Year 2007-2008. The purpose of the Engineer's Report is to set forth
findings and the engineering analysis to levy assessments in the Tustin
Landscape and Lighting District for the 2007-2008 Fiscal Year.
Motion: Adopt resolution.
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Minutes
February 5, 2007
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RESOLUTION NO. 07-17 - A resolution of the City Council of the City
of Tustin, California ordering the preparation of an Engineer's Report
for the Tustin Landscape and Lighting District Levy of annual
assessments for Fiscal Year 2007-2008
13. ADOPTION OF THE ORANGE COUNTY REGIONAL WATER AND
WASTEWATER MULTI-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. The
Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan
will fulfill the City's requirement with regard to water facilities. Staff is
requesting the City Council certify the plan and authorize staff to send a letter
formally notifying the Municipal Water District of Orange of the City's action.
Motion: Approve the Orange County Regional Water and Wastewater Multi-
Hazard Mitigation Plan subject to the incorporation of comments, if any, by
the State Office of Emergency Services and the Federal Emergency
Management Agency upon completion of their review, and direct staff to send
a letter to the Municipal Water District of Orange County certifying the
adoption of the Plan.
Motion: It was moved by Mayor Bone, seconded by Councilmember Davert,
to:
14.a. Confirm appointment of Jim Palmer as the City Council Liaison
representative to the Senior Advisory Board;
14.b.' Designate Doug Davert and Lou Bone as the City Council's Solid
Waste subcommittee to oversee and facilitate the proposal evaluation
process and develop a recommendation to the full City Council; and
14.c. Confirm appointment of Karol Reedy, a representative of the Tustin
Chamber of Commerce, to serve on the Solid Waste Staff Evaluation
Team to ensure that business interests are represented on the
evaluation team.
Motion carried 5-0.
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Minutes
February 5, 2007
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REGULAR BUSINESS ITEMS
15. TRAFFIC ANALYSIS AT PROSPECT AVENUEIBENETA WAY
The intersection of Prospect Avenue/Beneta Way was recently evaluated to
determine if any additional pedestrian improvement measures are needed
based on current conditions. It was found that installation of an in-pavement
lighted crosswalk system is warranted. An application has been submitted to
the California Department of Transportation (Caltrans) for a "Safe Route to
School" (SRTS) Grant to fund the project.
Staff report presentation by Public Works Director Tim Serlet.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to add the Prospect AvenuelBeneta Way Pedestrian
Enhancement Project to the City's FY 2007-08 Capital Improvement
Program, pending approval of a Caltrans "Safe Route to School" Grant.
Motion carried 5-0.
16. FEE WAIVER REQUEST FOR THE TUSTIN AREA COUNCIL FOR FINE
ARTS (TACFA) - BROADWAY IN THE PARK
The Tustin Area Council for Fine Arts has requested a waiver of staff costs,
facility rental and permit fees for the 2007 Broadway in the Park program
scheduled for August 21-26, 2007.
Presentation by Barbara Foster of Tustin Area Council for Fine Arts.
Council discussion ensued. It was suggested that the City adopt an escalating
fee waiver over next few years (250/0, 500/0, and 750/0) due to labor
deployment costs; discuss cost-sharing policy; TACFA become self-funded;
and process for fee waivers be reviewed.
Motion: It was moved by Mayor Pro Tern Amante, seconded by
Councilmember Davert, to continue consideration of item to the next regularly
scheduled Council meeting. Motion carried 5-0.
17. ORDINANCE FIRST READING - COUNCIL BADGES
Council discussion ensued. City Manager was instructed to send letter to all
former councilmembers on responsibility of badge(s).
Motion: It was moved by Mayor Pro T em Amante, seconded by
Councilmember Palmer, to introduce, and have the first reading of Ordinance
No. 1329 and set for second reading at the Council's next scheduled
meeting.
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February 5, 2007
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ORDINANCE NO. 1329 - An ordinance of the City of Tustin, California,
adding Part 4 to Chapter 2 of the Tustin City Code relating to City
Council Badges
Motion carried 5-0.
18. INTRODUCTION OF ORDINANCE ESTABLISHING A COMMUNITY
DEVELOPMENT COMMISSION AS THE GOVERNING BODY OF THE
TUSTIN REDEVELOPMENT AGENCY
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to introduce, and have the first reading of Ordinance No. 1330
and set for second reading at the Council's next scheduled meeting.
ORDINANCE NO. 1330 - An ordinance of the City of Tustin, California,
amending Sections 9500, 9501, 9502, 9503, and 9505 of the Tustin
City Code relating to declaring the need for the establishment of a
Community Development Commission to act as the governing body of
the Tustin Redevelopment Agency
Motion carried 5-0.
19. ORDINANCE SECOND READING: SOLICITATION ORDINANCE
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to have second reading by title only and adoption of Ordinance
No. 1328 (roll call vote).
ORDINANCE NO. 1328 - An ordinance of the City of Tustin, California,
adding Chapter 11 to the Tustin City Code, regulating aggressive
solicitation and prohibiting all solicitation in certain areas
Motion carried 5-0.
20. ORDINANCE SECOND READING: DEVELOPMENT AGREEMENT 06-001:
191 AND 193-195 EAST MAIN STREET, TUSTIN (PROSPECT VILLAGE
LP)
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to have second reading by title only and adoption of Ordinance
No. 1327 (roll call vote).
ORDINANCE NO. 1327 - An ordinance of the City Council of the City
of Tustin, California, approving Development Agreement 06-01, as
defined by Section 65865.2 of the California Government Code,
between the City of Tustin and Prospect Village LP pertaining to
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Minutes
February 5, 2007
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development of the property located at 191 and 193-195 East Main
Street, Tustin, California
Motion carried 5-0.
21. ORDINANCE SECOND READING: AMENDING CITY CODE SECTIONS
4300 THROUGH 4362 RELATED TO SOLID WASTE MANAGEMENT
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to have second reading by title only and adoption of Ordinance
No. 1325 (roll call vote).
ORDINANCE NO. 1325 - An ordinance of the City Council of the City
of Tustin, California Amending Chapter 3 of Article 4 of the Tustin City
Code pertaining to Solid Waste Regulations
Motion carried 5-0.
22. AUTHORIZATION FOR REMOVAL AND DONATION OF THREE (3)
EXISTING PARKING LOT LIGHT STANDARDS AND DEMOLITION OF
BUILDING 172 AT TUSTIN LEGACY
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tern Amante, to:
22.a. Authorize the City Manager or Assistant City Manager to execute a Bill
of Sale and License Agreement by and between the City of Tustin and
Orange County Rescue Mission for the removal and donation of three
(3) existing parking lot light standards owned by the City of Tustin,
subject to review and approval of said Bill of Sale and License by the
City Attorney; and,
22.b. Authorize the City Manager or Assistant City Manager to execute a
License Agreement by and between the City of Tustin and Tustin
Legacy Community Partners, LLC for demolition of Building 172, at no
cost to the City and provided that any cost of demolition would also not
be a recoverable cost under the DDA by the Developer as part of the
DDA Business Plan, subject to review and approval of said License by
the City Attorney.
Motion carried 4-0. Councilmember Palmer excused himself from
proceedings due to a conflict of interest and left the dais at 8:08 p.m.
Councilmember Palmer did not participate in consideration of this item. He
re-joined the meeting at 8:08 p.m.
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February 5, 2007
Page 10 of 12
23. TUSTIN LEGACY FENCING
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
T em Amante, to authorize the City Manager or Assistant City Manager to
enter into a purchase and installation fencing contract with National
Construction Rentals in an amount not to exceed $97,100 subject to final
contract review and approval by the City Attorney. City Staff are also directed
to at least request Navy reimbursement of the portion of said fencing to be
installed on the regional park site. Motion carried 5-0.
24. CITY COUNCIL - LEGISLATIVE REPORTS
The following legislative items to be considered by City Council:
· ACA 2: California Constitutional Amendment - Eminent Domain (Walters)
and other Redevelopment and Eminent Domain related bills. Staff
advised to continue to monitor bills.
· Area Code 714 Split: Public Utilities Commission is continuing to hold a
series of public meetings to discuss which alternative(s) will be adopted.
Staff advised to continue to monitor issue and make presentation at next
Council meeting.
SECOND PUBLIC INPUT
· John Nielsen, representing Orange County Boys Scouts of America, noted that
Scouting International is celebrating 100th Anniversary, Tustin currently has 20 units,
trying to raise money and will have fundraiser at Irvine Marriott, February 22nd
· Billy C. Hall, President of the Tustin Village Mobile Home Owners Association,
reported that rent continues to increase and asked Council to review and adopt
measures as outlined in the Older Americans Act. Councilmember Davert requested
that Legal Counsel advise the City if violating the Older Americans Act by not
implementing rent control.
OTHER BUSINESS AND COMMITTEE REPORTS
Councilmember Kawashima:
· Requested library project status report at next Council meeting.
Councilmember Palmer:
· Provided Southern California Association of Governments (SCAG), Community Economic
and Human Development Committee report regarding affordable housing;
· Along with Mayor Pro Tem Amante assisted Tustin Community Foundation in planning
Mayor's Inaugural Dinner;
· Water Advisory Committee of Orange County report, purchasing water is costly, more wells
needed in City;
· Praised the efforts of Cliff Polsan, and Boys & Girls Club of Tustin;
· Asked staff to explore an option to remove encroachment permit fees for solid waste roll-off
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February 5, 2007
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containers;
· Requested a goal-setting workshop for Council;
· Requested Council recognition of all Eagle Scouts;
· Requested time-line on cell phone coverage Request for Proposals (RFP); and
· Requested implementation of a citizens survey on improving services prior to budget
discussions in June.
Councilmember Davert:
· Orange County Fire Authority working on City's fire protection contract.
Mayor Pro Tem Amante:
· Orange County Transportation Authority Goods Movement workshop discussed increase of
ports and freight transportation and impact on traffic;
· Met with Barry Wallerstein, SCAQMD, and Marian Bergeson, California Transportation
Commission, regarding impact fees added to cost of housing;
· Orange County Transportation Authority Finance & Administration Committee reviewed
investment policy;
· Spoke at panel discussion at UCI on implementation of Measure M, Proposition 1 B, and
surrounding development's impact on City;
· Orange County Public Affairs Association luncheon, Orange County Board of Supervisor's
Chairman Norby gave State of County Address;
· Transportation Corridor Agency meeting, litigation of Foothill extension continues;
· Attended Orange County Transportation Authority workshops on Measure M financing;
· Mayor's Inaugural Dinner, thanked Tustin Community Foundation, Chamber of Commerce,
and staff on efforts to make event a great success;
· Breakfast with Senator Dick Ackerman, spoke on issues of jail crowding, state budget, and
governor's ambitious plans;
· SR 91 Freeway Advisory Committee, freeway and infrastructure improvements;
· Attended Regional Planning & Highways Committee meeting, discussed at length the 22
Freeway improvements, design-build project to be completed at end of summer.
Mayor Bone:
· 230 Years of Community Service banners around town represent the cumulative
anniversaries of the City of Tustin's 80th Anniversary, and the 50th Anniversaries of Tustin
Tiller Days, Tustin Chamber of Commerce and Tustin Man and Woman of the Year
Committee respectively;
· Thanked everyone involved in the success of 2nd Annual Mayor's Inaugural Dinner;
· Reported that Councilmember Davert's daughter won 2nd place in her category at Astounding
Invention Convention;
· Congressman John Campbell will be at Peet's Coffee and Tea in Tustin on February 19th; and
· Requested from Finance Director to move forward with Transit Occupancy Tax.
ADJOURNED -
8:45 P.M. - The next regular meeting of the City Council is scheduled for
Tuesday, February 20, 2007, at 5:30 p.m. for Closed Session and 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin, California
Adjourn in Memory of Katrina Bain Kish
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February 5, 2007
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