HomeMy WebLinkAbout02 C.C. MINUTES 2007 07 17 08-07-07Agenda Item 2
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JULY 17, 2007
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Reviewed:
City Manager
Finance Director NIA
Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; Councilmembers
Doug Davert, and Jim Palmer
Absent: Tony Kawashima
City Clerk: Maria R. Huizar, Chief Deputy City Clerk
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
PUBLIC INPUT -None
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 Attorney Holland announced that the need to take immediate action arose
subsequent to the posting of the Agenda and the following item must be added to the
Closed Session Agenda. (Requires a 2/3 vote). It was moved by Councilmember
Davert, seconded by Councilmember Palmer, to add the following item.
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8
City Council Meeting July 17, 2007
Minutes Page 1 of 11
Property: Tustin U.S. Army Reserve Center, located at
2345 Barranca Parkway, Orange County,
California.
City Negotiators: William Huston, City Manager, and Christine
Shingleton, Assistant City Manager, on behalf of
the City of Tustin
Negotiators: Mr. William Birney, Assistant for Real Property
Office of the Deputy Assistant Secretary of the
Army for Installations and Housing on behalf of
the United States Army and Vestar Development
Company
Under Negotiation: Price and Terms of Payment
Motion carried 4-0 (Kawashima absent).
RECESS - At 5:30 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.
PUBLIC MEETING
CALL TO ORDER - 7:00 p.m.
INVOCATION - Father AI Baca, St. Cecilia's Church
PLEDGE OF ALLEGIANCE - Councilmember Kawashima
ROLL CALL
Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; Councilmembers
Doug Davert, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
CLOSED SESSION REPORT -Nothing to report.
City Council Meeting July 17, 2007
Minutes Page 2 of 11
FIRST PUBLIC INPUT
The following residents spoke on vehicle code violations in the Treviso community of
Tustin Ranch:
• Scott Monroe -spoke on speeding problems, police not able to enforce vehicle code
in gated communities, elementary schools in close proximity add to danger, speed
bumps not practical because it would add to emergency response time, HOA willing
to pay for police overtime.
• Elain Nermon -radar trailers have been installed but not effective because no
enforcement.
• Dennis A. Shirley -community close to schools, police need to be pro-active rather
than re-active. Indicated that Irvine's gated community across Jamboree is using
Irvine Police and have been successful. HOA is willing to provide financial assistance.
The following spoke on item #15 on the Agenda:
• Ned Smith, Tustin Chamber of Commerce representative, read letter into the record.
Section 2B, provides for removal of graffiti within 48 hours, suggested Ordinance
exclude weekends and provide language for inclement weather.
• Robert "Bob" Stiens, representing Southern California Edison, suggested ordinance
be ameded to 2 business days instead of 48 hours. Implemented program in Tustin
to remove graffiti and has been very successful.
Staff to return with report to include options.
CONSENT CALENDAR ITEMS -Mayor Pro Tem Amante requested that item #10 be
pulled for separate action. It was moved by Councilmember Davert, seconded by
Councilmember Kawashima, to approve the balance items on the consent calendar.
Motion carried 5-0.
1. APPROVAL OF MINUTES -SPECIAL MEETING OF JUNE 12, 2007 AND
REGULAR MEETING OF JULY 3, 2007
Motion: 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
Motion: 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
City Council Meeting July 17, 2007
Minutes Page 3 of 11
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: Ratify the Planning Commission Action Agenda of July 10, 2007.
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.
Motion: 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.
Motion: 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)
Motion:
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)
City Council Meeting July 17, 2007
Minutes Page 4 of 11
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
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.
Motion: 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)
Motion:
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)
City Council Meeting July 17, 2007
Minutes Page 5 of 11
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
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
Motion: 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 NQP FOR SCAG 2OQ8 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).
Mayor Pro Tem Amante pulled item to highlight importance of letter and
thanked staff.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Davert, to authorize staff to forward the draft response letter
to the Southern California Association of Governments (SCAG). Motion
carried 5-0.
11. INTRODUCE ORDINANCE NO. 1341 - AMENDING CHAPTER 9 TO
ARTICLE 6 OF THE TUSTIN CITY CODE REGARDING BURGLARY AND
ROBBERY ALARM SYSTEMS
City Council Meeting July 17, 2007
Minutes Page 6 of 11
Staff has identified minor revisions that are 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.
Motion: Introduce and waive first reading of ordinance; and set for adoption
at the Council's next scheduled meeting.
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 ITEMS
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.
Audit Commission applicants: Dr. Bernard .Miller; Craig Shimomura; and
Anthony Kuo
Ballots were cast by Council to fill one (1) seat on the Audit Commission.
Pamela Stoker, City Clerk, reported the ballot tally, by unanimous consent
appointed Craig Shimomura to the Audit Commission to fill an unexpired four-
yearterm expiring March 1, 2011.
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 totaling $15,200 for the 2007 Dinosaur
Dash, to be held on Sunday, November 4, 2007.
Julie Hirz and Jim Remick of TPSF summarized event, over 7,000 runners,
funds raised benefit students and teachers.
Councilmember Davert -City's practice has been to donate 75% in first year.
Proposed adding $4,000 for recertification cost for a total of $19,200, of
which 75% would be waived.
City Council Meeting July 17, 2007
Minutes Page 7 of 11
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Palmer, to add $4,000 for recertification cost to total amount
requested, waive 75% of total fees and equipment (totaling $14,400), and
issue a permit for the 2007 Dinosaur Dash. Motion carried 5-0.
14. ADOPT ORDINANCE NO. 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.
Mayor Pro Tem Amante -would like to come up with regulatory control,
decriminalize process and work with dog owners to take responsibility for
dog. Asked staff to come back with administrative process that encourages
training and not imposes fees.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to adopt Ordinance No. 1340.
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
Motion carried 5-0. (Roll call vote)
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.
Staff report presentation by Community Development Director Elizabeth
Binsack.
City Council Meeting July 17, 2007
Minutes .Page 8 of 11
Council discussion ensued: Mayor Bone, suggested removal of graffiti 24-
hours after weekend. Goal is to get graffiti cleaned up in reasonable time,
utility companies are responsive for vandalism in their property. Graffiti not
exclusive to weekends and willing to be flexible with weekend schedule and
holidays. Noted that SCE doing great job removing graffiti and thanked them
for efforts
Community Development Director Binsack suggested following language:
Ordinance No. 1338, page 2, line 4. If notice is provided by City by close of
business on a Friday, the removal shall occur no later than close of business
on the immediately following business day.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to introduce and waive first reading of Ordinance No. 1338 as
amended (If notice is provided by City by close of business on a Friday, the
removal shall occur no later than close of business on the immediately
following business day); 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
Motion carried 5-0.
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.
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Kawashima, to continue consideration of Resolution No. 07-58
for 30 days. Motion carried 5-0.
City Council Meeting July 17, 2007
Minutes Page 9 of 11
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.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Davert, to send letter of opposition. Motion carried 5-0.
• Staff is continuing to monitor the following legislative items and will report
back to Council:
- ACAS (Devore). Property taxation: Department of Transportation real
property
Mayor Pro Tem Amante -met with Assemblyman Devore but lacked
time to discuss, would like to continue to next meeting.
- HR2447. Energy & Environmental Block Grant
Councilmember Davert -reported on status of SB645 Sanitation District,
Design Build versus Bid Build process.
Mayor Bone -reported on OC League's opposition of SB303, helped defeat
bill.
SECOND PUBLIC INPUT -Bob Machado inquired as to status of non-profit policy,
urged Council to take action before end of year and would like to participate in the Tustin
Community Foundation.
OTHER BUSINESS AND COMMITTEE REPORTS
Councilmember Kawashima:
• Thanked community for attending Fourth of July events -firework show and Tustin
Meadows parade;
• Requested City Branding update; and
• Graffiti removal process being tracked with efforts by Police and Public Works
Departments. Lt. Celano indicated that graffiti reduction strategy will include
enforcement, education, and coordination with school district.
Councilmember Palmer:
• Water Advisory Committee of Orange County report -water usage is up;
• Santa Ana River Flood Protection Agency -reduced operating budget by 20%;
• Thanked Santa Ana Rotary Club for hosting free dental clinic at senior center;
• Thanked Tustin Big Brothers & Big Sisters for bicycle donations;
• Congratulated Tustin's EI Pollo Loco cook, Nazario Leal for winning the Top Grill
Master award in the 15~' Annual Perfect Pollo Challenge Cook-off; and
City Council Meeting July 17, 2007
Minutes Page 10 of 11
• Congratulated Tustin Historical Society on new website.
Mayor Pro Tem Amante:
• Orange County Transit Authority bus strike is over, contract approved, Board
approved Measure M renewal projects, $6 million to Tustin for implementation of 53
Grade Crossing Separation and Quiet Zone projects;
• Transportation Corridor Agency appointed new Chief Executive Officer, Tom Margro,
Financial Options Committee is sending out RFP's to review financial loans; and
• Responded to Bob Machado's comment about funding for non-profits, foundation
working diligently applying policies approved by Council, foundation will have
leverage to continue working on projects.
Mayor Bone:
• Southern California Association of Governments - RHNA process addressed at last
meeting, City of La Mirada filed lawsuit with Irvine and La Habra expected to do
same; search firm has been hired for executive director position;
• Congratulated Finance Director on receiving Comprehensive Annual Budget Award of
Excellence in financial reporting, highest recognition;
• Governor investing $17 million on alternate fuel vehicles, not as effective as prior
vehicles; and
• Adjourned in Memory of Tom Metcalf.
ADJOURNMENT - 8:17 p.m. -The next regular meeting of the City Council is
scheduled for Tuesday, August 7, 2007 in the Council Chamber,
300 Centennial Way, Tustin, California
Adjourn in Memory of
Tom Metcalf
City Council Meeting July 17, 2007
Minutes Page 11 of 11