HomeMy WebLinkAbout01 MINUTES 03-06-07
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
Agenda Item
Reviewed:
City Manager
Finance Director
1
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N/A
FEBRUARY 20, 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: William A. Huston, City Manager and 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 . Aoency Neootiator:
Kristi Recchia, Director of Human Resources
Employee Oroanization:
Employee Oroanization:
Part-Time Unrepresented Employees
Unclassified Confidential Employees
a.2. AQency NeQotiator:
William A. Huston, City Manager
Emplovee OrQanization:
Emplovee OrQanization:
Emplovee OrQanization:
Supervisors
Management
Executive Management
B. CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION pursuant to
Government Code Section 54956.9 - ME
RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENE - At 6:57 p.m. City Council reconvened in public session.
City Council Meeting
Minutes
February 20, 2007
Page 1 of 11
PUBLIC MEETING
CALL TO ORDER - 7:00 p.m.
INVOCATION - Khoi Pham, St. Cecilia's Church
COLORS PRESENTATION AND PLEDGE OF ALLEGIANCE - Girls Scout Flag Patrol
ROLL CALL
Present:
Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Council members
Doug Davert, Tony Kawashima, and Jim Palmer
None
Pamela Stoker
William A. Huston, City Manager and Douglas C. Holland, City
Attorney
Absent:
City Clerk:
Others Present:
CLOSED SESSION REPORT - Nothing to report.
PRESENTATIONS
· Certificate of Recognition presented by Mayor Bone to Clara Honea in recognition of
being named the 33rd Senate District's 2007 Woman of the Year
· Presentation by Mother's Against Drunk Drivers (MADD) to Tustin Police Officer
Michael Jensen for his numerous Driving Under the Influence (DUI) arrests
FIRST PUBLIC INPUT - None.
CONSENT CALENDAR - It was moved by Councilmember Davert, seconded by Mayor
Pro Tem Amante, to approve items 1 through 7. Motion carried 5-0.
1. APPROVAL OF MINUTES - REGULAR MEETINGS OF FEBRUARY 5,2007
Motion: Approve the Regular City Council Meeting Minutes of February 5,
2007.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $1,104,717.95; $1,770,914.11;
and Payroll in the amount of $594,440.03 and $615,614.88.
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Minutes
February 20, 2007
Page 2 of 11
3. PLANNING ACTION AGENDA - FEBRUARY 12, 2007
All actions of the Planning Commission become final unless appealed by the
City Councilor member of the public.
Motion: Ratify the Planning Commission Action Agenda of February 12,
2007.
4. RELEASE OF FAITHFUL PERFORMANCE BONDS FOR PROJECT FAIR
SHARE OF TUSTIN LEGACY BACKBONE INFRASTRUCTURE (WL
HOMES, LLC)
Pursuant to DDA 03-01 and DDA 03-03 the Developer, WL Homes, LLC was
required to post Faithful Performance bonds for their fair share of the Tustin
Legacy Backbone Infrastructure Program. Subsequently, a Community
Facilities District (CFD 04-01) was formed, bonds were sold, and the City has
received funds for the Developer's fair share of Legacy backbone
improvements. WL Homes, LLC has requested release of their Faithful
Performance Bonds to reflect City receipt of CFD funds.
Motion: Release Faithful Performance Bonds, No. SU5009734 and No.
SU5002715, in the total amount of $9,733,438.00.
5. NUMBER SKIPPED
6. APPOINTMENT OF GEORGE W. JEFFRIES AS CITY TREASURER AND
AGREEMENT BETWEEN THE CITY OF TUSTIN AND G. W. JEFFRIES
AND ASSOCIATES, INC.
Motion:
6.a. Adopt resolution; and
RESOLUTION NO. 07-01 - A resolution of the City Council of the City
of Tustin, California, appointing George W. Jeffries as City Treasurer
for Calendar Year 2007
6.b. Authorizing the Mayor to sign the Agreement for the Services of
George W. Jeffries with G. W. Jeffries and Associates, Inc.
7. MODIFICATION TO SOLID WASTE PROPOSAL EVALUATION CRITERIA
AND THE REQUEST FOR PROPOSAL
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February 20, 2007
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Staff's authority to modify the solid waste contract proposal evaluation criteria
and the request for proposal has been questioned by one potential proposer.
Staff is requesting the City Council to review and approve the proposed
modifications to the proposal evaluation criteria and authorize the Public
Works Director to approve any further non-substantive modifications and
amendments to the RFP as deemed appropriate.
Motion: Approve the proposed modifications to the proposal evaluation
criteria and affirm the authority of the Public Works Director to approve and
issue future non-substantive amendments to the Request for Proposal as
necessary and appropriate.
REGULAR BUSINESS
8. FEE WAIVER REQUEST FOR THE TUSTIN AREA COUNCIL FOR FINE
ARTS (TACFA) - BROADWAY IN THE PARK
The Tustin Area Council for Fine Arts 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. Item was continued from the February 5,
2007 City Council meeting.
Barbara Foster reported that some of Council's concerns would be
addressed at their upcoming Strategic Planning meeting.
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Kawashima, to grant fee ,waiver. Motion failed 2-3. (Bone,
Palmer, and Amante opposed).
Council discussion ensued.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to grant 750/0 of fee waiver requested and allow TACFA to return
for additional 250/0 with Arts in the Community plan. Motion carried 5-0.
Eligia Nicolas, founder of T ACFA addressed the Council.
Mayor Pro Tem Amante requested that Council schedule a Workshop at 4:30
p.m. on March 20th for policy planning and invite all non-profits in the community
to participate in the discussion.
9. REQUEST FOR DONATION FOR GRAD NIGHT ACTIVITIES
Tustin, Foothill, and Beckman High Schools are requesting a $2,500 donation
each from the City to support Grad Nite Activities.
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February 20, 2007
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Teri Jensen (Foothill High School), Cathy Hoxie (Beckman High School), and
Heather Marand (Tustin High School) addressed the council.
Motion: It was moved by Mayor Pro Amante, to donate $2,500 to each
school.
Council discussion ensued.
Amended Motion: It was moved by Mayor Pro Amante, seconded by
Councilmember Davert, to donate $3,000 per school. Motion carried 4-1
(Bone opposed).
10. CALIFORNIA PUBLIC UTiliTIES COMMISSION'S PLAN TO SPLIT 714
AREA CODE
Mayor Pro Tem Amante requested a presentation on the alternatives being
considered by the CPUC (California Public Utilities Commission). Currently
the CPUC is offering three alternatives to divide the area code.
Staff report presentation by Lisa Woolery, Communications Manager
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Davert, to support overlay alternative and transmit draft
letter. Motion carried 5-0.
11. TUSTIN LIBRARY PROJECT UPDATE
Councilmember Kawashima requested a status report on the Tustin Library
Project.
No action requested at this time.
12. EVALUATION OF REQUEST OF EXPRESSIONS OF INTEREST (REI)
RESPONSES FOR THE HANGAR 29 COMPLEX AT TUSTIN LEGACY
Staff report presentation by Christine Shingleton, Assistant City Manager
Council recessed at 8:37 p.m. and reconvened at 8:45 p.m. with all members
present.
The following respondents addressed the Council:
· Lance Brown, representing Dome Development;
· Robert Scholler, representing Douglas and Robert Scholler;
· Shaheen Sadeghi, representing Lab Holdings LLC;
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February 20, 2007
Page 5 of 11
· Jeffrey Immediato, representing Dome Development; and
· Chris Bennett, Lab Holdings LLC.
Other members of the public that addressed the Council:
· Mike Sands, father was member of Airship Squadron 31; requested that
the hangars be preserved as historical landmark.
· Carlos Castillo, requested preservation of hangars and possibly used as
sports facility.
· Mark Cernicky, Cycle World Magazine Associate Editor, requested that
the hangars be used for motorcycle riding.
Council discussion ensued. It was noted that REI process was adopted by
Navy; preservation or re-use of hangers should not burden tax payers or
increase taxes; cost in excess of $100 million to preserve hangars; and
support staff recommendation on basis of economic viability.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Davert, to:
12.a. Concur with the findings of the Navy and the State Historic
Preservation Officer (SHPO) affirming that there is no economically
viable reuse submitted for the Hangar 29 Complex, rejecting all
proposals submitted and terminating further outreach and marketing by
the City.
12.b. Authorize the City Manager or designee to enter into a Consultant
Services Agreement for preparation of mitigation measures for Tustin
Legacy hangars as required by the 1999 Memorandum of Agreement
. in an amount not to exceed $130,000, subject to review and approval
of the final contract before execution by the City Attorney.
12.c. Upon completion of all required mitigation measures, authorize staff to
proceed with negotiations with Tustin Legacy Community Partners
(TLCP), LLC on potential leasing and terms of a subsequent
conveyance of the site pursuant to the Tustin Legacy Master
Developer Disposition and Development Agreement (DDA). Upon
entering into a ground lease with the City, TLCP would be able to
utilize the hangar complex until the property is conveyed by the Navy
to the City currently estimated in 5-6 years. Upon conveyance to the
City, the Hangar 29 Complex would be conveyed to TLCP for
development opportunities.
Motion carried 5-0.
13. ORDINANCE SECOND READING - COUNCIL BADGES
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
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February 20, 2007
Page 6 of 11
Tem Amante, to have second reading by title only and adoption of Ordinance
No. 1329 (rollcall vote).
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.
14. ORDINANCE SECOND READING - 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 have second reading by title only and adoption of Ordinance
No. 1330 (roll call vote).
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.
15. REALIGNMENT OF CITY COMMISSIONS AND COMMITTEES
Mayor Bone requested a review and asked for recommendations to
consolidate and minimize impacts on City resources related to City Boards,
Commissions, and Committees and requested that staff agendize this matter
for discussion. After consideration of this matter on January 15, 2007, the
Council directed staff to return with a recommendation on realignment of
commission/committee responsibilities and an ordinance removing term limits
for these bodies.
To realign and/or consolidate responsibilities of the commissions include the
following:
. The Parks and Recreation Commission would have oversight of or
coordination with the Senior Advisory Board, Youth & Adult Sports
Facilities Association, Tustin Pride, the Tustin Community Foundation, and
Special Events Committees. It is also recommended that the Parks and
Recreation Commission be renamed to the Community Services
Commission to reflect its broader role.
. The Planning Commission would accept the responsibilities of the Historic
Resources Committee.
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Minutes
February 20, 2007
Page 7 of 11
. The Tustin Community Foundation would accept the responsibilities of the
Community Development In-House and Citizens' Participation Committee
in regarding the Public Services Category Projects.
Councilmember Kawashima suggested that spirit of the law on voter-
approved Measure H also apply to commissioners; also requested evaluation
of stipend for all commissioners at a future council meeting.
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Palmer, to amend section 1513 as revised by City Attorney,
and request standardization of commission names by changing Audit
Committee to Audit Commission; also to:
15.a. Introduce and have first reading of Ordinance No. 1331 and set for
second reading at the Council's next scheduled meeting;
ORDINANCE NO. 1331 - An ordinance of the City of Tustin, California,
amending Sections 1513, 1539, and 1553 and repealing Section 1561
of the Tustin City Code relating to terms of office of city boards and
commissions
15.b. Initiate and refer draft Ordinance No. 1332 (Planning
Commission/Historic Resources Committee Consolidation) to the
Planning Commission for consideration; and
15.c. Direct staff to prepare the appropriate amendments to the Community
Development Block Grant Citizen Participation Plan.
Motion carried 4-1 (Kawashima opposed).
16. FISCAL YEAR 2006-07 MID-YEAR BUDGET REVIEW
The following is staff's review of the City's first six months of operations under
the adopted FY 2006-07 Budget, projecting revenues and expenditures
through the fiscal year end. The recommendations made to the City Council
in this report will ensure that the budget will be balanced for the remainder of
the fiscal year and the City Council's reserve policy will be met.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to approve the following adjustments to the authorized FY
2006-07 Budget:
16.a. Approve a supplemental appropriation of $30,000 from the
unappropriated reserve of the Park Development Fund for Tustin
Sports Park Tennis Courts, CIP Project #2054. The increase will cover
the cost of construction work needed to complete the project.
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February 20, 2007
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16.b. Approve a supplemental appropriation of $30,000 from the
unappropriated reserve of the Water Capital Improvement Fund for
Edinger Avenue Water Main Replacement, CI P Project #6147. The
increase will cover the cost of additional construction work needed to
complete the project.
16.c. Approve a supplemental appropriation of $100,000 from the
unappropriated reserve of the Water Capital Improvement Fund for
Newport Avenue / SR55 Northbound Ramp Reconfiguration, CIP
Project #7130. The increase will cover the cost of additional
construction work needed to complete the project.
16.d. Approve a supplemental appropriation of $350,000 from the
unappropriated reserve of the Capital Improvement Fund (Santa Ana
Smart Street Reimbursement / revenue offset) for Edinger Avenue
Widening, CIP Project #7147. The increase will cover the cost of
additional construction work needed to complete the project.
16.e. Approve a supplemental appropriation of $835,727 from the
unappropriated reserve of the Gas Tax Fund for CIP Projects #7181
($317,091), #7182 ($200,000), #7183 ($200,000) and #7184
($118,636). This appropriation will substitute the current funding from
the City's Capital Improvement Fund and replace it with Prop 42
monies freeing up CIP funds for additional non-street projects.
16.f. Approve a supplemental appropriation of $130,000 from the
unappropriated reserves of the General Fund for Community
Development's operating budget for graffiti removal ($45,000), office
furniture ($75,000), and microfilming ($10,000).
16.g. Approve a supplemental appropriation of $20,000 from the
unappropriated reserves of the Water Enterprise Fund for Springbrook
Software/Server update.
16.h. Approve a supplemental appropriation of $5,000,000 from the
unappropriated reserves of the General Fund to transfer to the Capital
Improvement Projects Fund.
16.i. Approve a supplemental appropriation of $2,000,000 from the
unappropriated reserves of the General Fund to transfer to the Park
Development Fund.
16.j. Approve a supplemental appropriation of $500,000 from the
unappropriated reserves of the General Fund to transfer to the Liability
Fund.
Motion carried 5-0.
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Minutes
February 20, 2007
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17. CITY COUNCIL - LEGISLATIVE REPORTS
The following legislative items to be considered by City Council:
. SCA 1 and ACA 2: Redevelopment and Eminent Domain Bills - The
League of California Cities and California Redevelopment Association have
taken positions to oppose both bills.
City Attorney asked to prepare a briefing on regulatory taking and
significant impacts of urban planning on south and west side of town, and
appropriate use of eminent domain as it relates to development activity at
Tustin Legacy.
. Urban Casinos - There are several state and federal bills that have been
proposed in past legislative sessions. Staff will continue to monitor this
issue and provide reports as needed.
SECOND PUBLIC INPUT - None
OTHER BUSINESS AND COMMITTEE REPORTS
Councilmember Kawashima:
. Attended Tustin Ranch Elementary school 1 oth Annual Symphony Night, "Class Act";
. Commented on change of Public Input to the end of Agenda; and
. Tragedy at Tustin Home Depot, police working on case.
Councilmember Palmer:
. Reported on meeting with head librarian and noted active use of library;
. Attended Orange County Law Enforcement Explorer Academy graduation;
. Congratulated Police Services Officer Marilyn Packer on being named Employee of
the Month;
. Congratulated new Principal at Currie Middle School, David Mintz;
. Congratulated Tram Ho of Tustin, Ms. America International;
. Congratulated Dinosaur Dash Logo Contest winner Allie Peairs;
. Requested staff look into reducing the curb height at ramp area in front of library; and
. Recent article misreported number of identify thefts in Tustin.
Councilmember Davert:
. James Palmer is an Explorer Post graduate, great volunteer; and
. Prayers and condolences to family of Home Depot Manager Tom Egan.
Mayor Pro Tem Amante:
. Transportation Corridor Agency meeting, asked CEO to look into legislative issues
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Minutes
February 20, 2007
Page 1 0 of 11
and streamlining of taxpayer money;
. Attended meeting in Sacramento earlier this month with Councilmember Palmer;
advocated for issues important to Tustin;
. Discussed Orange County Transportation Authority (OCT A) HOV Lane pilot program
with Caltrans;
. Addressed Irvine City Council as OCTA representative; will request same for Tustin;
. Attended South Orange County Major Improvements Study meeting;
. Commented on recent letter sent to Mayor Pulido and others on AQMD's new air
quality management plan's indirect fees put upon developers; and
. Echoed feelings of fellow councilmembers on senseless killing of Tom Egan.
Mayor Bone:
. Tustin Pride reorganized under Community Services Commission, asked if Council
representation still needed;
. Southern California Association of Government Committee report: MAGLEV Task
Force approved LAX to Ontario route;
. Orange County Neighborhood Alliance is reporting that AT&T cabinets are reducing
property values (Mayor Pro Tem Amante requested policy on cabinet control);
. National Arbor Day Foundation named Tustin the "2006 Tree City USA";
. Congressman John Campbell spoke in Tustin, over 100 people attended;
. Attended Grand Opening of Irvine Desalter; and
. Adjourned in memory of Tom Egan.
ADJOURNED -
10:25 P.M. - The next regular meeting of the City Council is
scheduled for Tuesday, March 6, 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
Slain Tustin Home Depot Manager
Tom Egan
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Minutes
February 20, 2007
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