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Home My WebLink About00 CC AGENDA 07-17-07 CITY OF TUSTIN JULY 17, 2007 COUNCIL CHAMBER REGULAR MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN Jerry Amante, Mayor Pro Tem William A. Huston, City Manager Doug Davert, Councilmember Douglas Holland, City Attorney Tony Kawashima, Councilmember Lou Bone, Mayor Pamela Stoker, City Clerk Jim Palmer, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 p.m. The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The following items were received for the July 17, 2007 meeting of the City Council. (Agenda Items A thru C) CALL TO ORDER PUBLIC INPUT – Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 (b) – 2 Cases B. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF LITIGATION pursuant to Government Code Section 54956.9 (c) – 2 Cases 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 Police Officers Association (TPOA) City Council Meeting July 17, 2007 Agenda Page 1 of 8 PUBLIC MEETING 7:00 p.m. CALL TO ORDER INVOCATION - Fr. Al Baca, St. Cecilia’s Church PLEDGE OF ALLEGIANCE – Councilmember Kawashima ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney FIRST PUBLIC INPUT - At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the City Clerk. (Agenda Items 1 through 11) 1. APPROVAL OF MINUTES – SPECIAL MEETING OF JUNE 12, 2007 AND REGULAR MEETING OF JULY 3, 2007 Recommendation: Approve the Minutes of the Special and Regular City Council Meetings held June 12 and July 3 respectively. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $1,291,021.97 and $770,450.95; and Payroll in the amount of $666,211.57. 3. PLANNING ACTION AGENDA - JULY 10, 2007 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Ratify the Planning Commission Action Agenda of July 10, 2007. City Council Meeting July 17, 2007 Agenda Page 2 of 8 4. CONSIDERATION OF CLAIM OF JOE WILLIE TURNER, JR., CLAIM NO. 07-18 At the request of Council, this item was continued from the July 3, 2007 Council meeting. The Claimant reported that he turned in three weapons (firearms) for safekeeping purposes to the Tustin Police Department. He was informed that a State Justice Department release was needed to re-claim the weapons and stated he sent in the forms and fees on time but the processing took over a year. After he received his eligibility, he found the firearms had been destroyed and he is asking to be reimbursed $2,775.00 for the loss of his property. Recommendation: Deny Claim Number 07-18, Joe Willie Turner, Jr., and direct Staff to send notice thereof to the Claimant's attorney. 5. CONSIDERATION OF CLAIM OF CYNTHIA ANAYA, CLAIM NO. 07-15 The Claimant reported that her vehicle was parked out in front of her job location and it was very windy at the time. A tree branch fell on top of her car and damaged the top rails, passenger side mirror, antenna, a windshield wiper, and the hood and side of the car. She provided a repair estimate of $3,552.22. Recommendation: Deny Claim Number 07-15, Cynthia Anaya, and direct Staff to send notice thereof to the Claimant. 6. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE FIRST STREET/B STREET PEDESTRIAN ENHANCEMENTS (CIP NO. 4068) Recommendations: 6.a. Adopt resolution; RESOLUTION NO. 07-57 - 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 FIRST STREET/B STREET PEDESTRIAN ENHANCEMENTS (CIP NO. 4068) 6.b. 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 City Council Meeting July 17, 2007 Agenda Page 3 of 8 2. Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and 6.c. 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 10% retention in the amount of $34,406.50 to Pouk & Steinle, Inc. The total final construction contract cost for the project, including contract change orders, is $344,064.97. 7. AUTHORIZATION TO INSTALL ALL-WAY STOP CONTROLS AT THE INTERSECTION OF MYRTLE AVENUE AND THIRD STREET An analysis of traffic control at the intersection of Myrtle Avenue and Third Street has been completed. It has been determined that the installation of all- way stop controls for this intersection are appropriate for assignment of vehicular right-of-way. Recommendation: Adopt resolution. RESOLUTION NO. 07-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DESIGNATING THE LOCATION OF CERTAIN ALL-WAY STOP CONTROL INTERSECTIONS 8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE DRILLING OF THE PASADENA AVENUE WELL (CIP 6130) Recommendations: 8.a. Adopt resolution; RESOLUTION NO. 07-55 - 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 DRILLING OF THE PASADENA AVENUE WELL (CIP NO. 6130) 8.b. 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 City Council Meeting July 17, 2007 Agenda Page 4 of 8 2. Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion. 8.c. 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 10% retention in the amount of $113,228.05 to Zim Industries, Inc. dba Bakersfield Well & Pump Co. The total final construction contract cost for the drilling phase of the project is $1,132,280.50. 9. APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF TUSTIN AND COUNTY OF ORANGE Recommendation: Subject to non-substantial modifications as may be determined necessary by the City's Special Counsel prior to execution by all parties, approve and authorize the City Manager, or designee to execute the Agreement between the City of Tustin and County of Orange related to the Tustin Family Campus and to carry out all actions necessary to implement the Agreement including the execution of all related documents. 10. CITY OF TUSTIN RESPONSE TO NOP FOR SCAG 2008 RTP/RCP EIR City Council authorization is requested for the City of Tustin's response to the subject Notice of Preparation of a Program Environmental Impact Report for the Southern California Association of Governments (SCAG) 2008 Regional Transportation Plan (RTP) and Regional Comprehensive Plan (RCP). Recommendation: Authorize staff to forward the draft response letter to the Southern California Association of Governments (SCAG). 11. INTRODUCE ORDINANCE NO. 1341 - AMENDING CHAPTER 9 TO ARTICLE 6 OF THE TUSTIN CITY CODE REGARDING BURGLARY AND ROBBERY ALARM SYSTEMS Minor revisions have been identified as necessary in the Alarm Ordinance (Tustin City Code Sections 6900-6920). Section 6914(c) will be amended to be consistent with Section 6915(2) concerning the number of false alarms required before a permit may be revoked. The ordinance also allows the City Manager to appoint a designee to preside over the appeal hearings. Recommendation: Introduce and waive first reading of ordinance; and set for adoption at the Council's next scheduled meeting. City Council Meeting July 17, 2007 Agenda Page 5 of 8 ORDINANCE NO. 1341 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 6901, 6916, 6917, 6918, AND SUBSECTION (C) OF SECTION 6914 OF THE TUSTIN CITY CODE, REGARDING BURGLARY AND ROBBERY ALARM SYSTEMS REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 12 through 17) 12. INTERVIEW AND APPOINT MEMBER TO THE AUDIT COMMISSION The City Council will conduct interviews and appoint one (1) member to the Audit Commission. The vacancy is due to the resignation of Thomas Stroud with a term expiring March 1, 2011. Recommendation: Conduct interviews and appoint one member to the Audit Commission. 13. TUSTIN PUBLIC SCHOOLS FOUNDATION REQUEST FOR FEE WAIVER AND PERMIT FOR THE 2007 DINOSAUR DASH The Tustin Public Schools Foundation has requested a waiver of staff costs, equipment rental and permit fees for the 2007 Dinosaur Dash, which will be held on Sunday, November 4, 2007. Recommendation: Pleasure of the City Council. 14. ADOPT ORDINANCE 1340 - AMENDING MUNICIPAL CODE PROVISIONS ADOPTING COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE TO CLEAN UP OUT-DATED AND INCORRECT REFERENCES Pursuant to the City's agreement with the County of Orange for enforcement of animal control regulations in the City, the City Council previously adopted the provisions in Titles 4 and 5 of the County Code concerning animal control and licensing by reference into the City's Municipal Code. Since the City last went through this statutory incorporation by reference process in 1980, Titles 4 and 5 of the County Code have been amended and reorganized. Recommendation: Adopt Ordinance No. 1340 (roll call vote). City Council Meeting July 17, 2007 Agenda Page 6 of 8 ORDINANCE NO. 1340 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING CHAPTER 2 OF TITLE 4 OF THE TUSTIN MUNICIPAL CODE PERTAINING TO ANIMALS AND FOWL 15. INTRODUCE ORDINANCE NO. 1338 - GRAFFITI REMOVAL - STRUCTURES ON PUBLIC PROPERTY Ordinance No. 1338 would add Section 5707 b. to the Tustin City Code requiring that owners of private structures in the public right of way/easements remove graffiti within 48 hours of notification. Cable boxes, utility boxes, poles, and other similar appurtenances and structures ("structures") are targets for graffiti. These structures in the public rights of way have and are increasing in size and number and the owners of the structures have not been proactive in removing graffiti. Recommendation: Introduce and waive first reading of Ordinance No. 1338; and, set for second reading at the Council's next scheduled meeting. ORDINANCE NO. 1338 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 7 SECTION 5707 OF THE TUSTIN CITY CODE RELATING TO REMOVAL OF GRAFFITI FROM STRUCTURES ON PUBLIC PROPERTY 16. POLICY FOR FUNDING NON-PROFIT ORGANIZATIONS The City Council has discussed the need for a policy concerning funding of non-profit organizations seeking financial assistance from the City. Through its discussions, the City Council directed staff to prepare for the City Council's consideration a policy under which the Tustin Community Foundation would review and make recommendations to the City Council regarding applications for funding. Recommendation: Adopt resolution. RESOLUTION NO. 07-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A POLICY AND PROCEDURE FOR APPROVING REQUESTS FOR FUNDING FOR NON-PROFIT ORGANIZATIONS THAT SUPPORT AND BENEFIT THE TUSTIN COMMUNITY AND RESIDENTS City Council Meeting July 17, 2007 Agenda Page 7 of 8 17. LEGISLATIVE REPORTS ? At the request of the Council, staff has prepared a draft letter in opposition to SB375. SB375 (Steinberg). Transportation planning: travel demand models: preferred growth scenarios: environmental review. ? Staff is continuing to monitor the following legislative items and will report back to Council: – ACA9 (Devore). Property taxation: Department of Transportation real property – HR2447. Energy & Environmental Block Grant Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT - At this time, any member of the public may address the City Council on non-agenda items, within the jurisdiction of the City Council. OTHER BUSINESS AND COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting of the City Council is scheduled for Tuesday, August 7, 2007 in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting July 17, 2007 Agenda Page 8 of 8