The URL can be used to link to this page

Home My WebLink About04 MINUTES OF REGULAR MEETING 2007 08 07 09-04-07Agenda Item 4 Reviewed: City Manager MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA AUGUST 7, 2007 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; Councilmembers Doug Davert and Tony Kawashima Absent: Councilmember Jim Palmer 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 PUBLIC MEETING CALL TO ORDER - 7:00 P.M. INVOCATION -Father John Block, St. Cecilia's Church PLEDGE OF ALLEGIANCE -Mayor Pro Tem Amante ROLL CALL Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; Councilmembers Doug Davert and Tony Kawashima Absent: Councilmember Jim Palmer City Clerk: Maria Huizar, Chief Deputy City Clerk Others Present: William A. Huston, City Manager and Doug Holland, City Attorney City Council Meeting August 7, 2007 Minutes Page 1 of 10 CLOSED SESSION REPORT - Nothing to report. PRESENTATIONS • Update on Measure M Early Action Plan by Dave Simpson, Local Government Relations Manager • Check presentation to the City of Tustin by Don Ropele and Marilyn Esposito, Co- Chairs of the Tustin Street Fair and Chili Cook-Off Committee for partial reimbursement of labor costs associated with event Certificates of Recognition presented by Mayor Bone to the following recipients of the 2007 American Legion Boys State Competition: Farjad Yousufi, Tustin High School; Ryan Inkley, Foothill High School; and Jonathan Chung, Beckman High School FIRST PUBLIC INPUT -Bernie Miller spoke on water conservation issues. PUBLIC HEARING 1. AMEND THE COMPREHENSIVE SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES Annually, City departments review the Comprehensive Schedule of Fees and Charges as they apply to their respective departments. The Building Division and Public Works Department have identified some fees that need to be modified or deleted. Also per Evidence Code §1563, the City wishes to standardize the fees as they apply to third party civil subpoena. State law allows the collection of $150 per day, per person for witness fees and actual cost reimbursed for production of materials. Proposed modifications to the Fee Schedule are outlined in agenda report and are included in Resolution No. 07-60. Said resolution deletes, adds and modifies only a small number of fees, with the bulk of the fees remaining the same. Item continued to the September 4t" City Council Meeting. CONSENT CALENDAR ITEMS -Mayor Pro Tem Amante pulled item #2 and Mayor Bone pulled item #10 for separate action. It was moved by Councilmember Davert, seconded by Councilmember Kawashima, to approve balance of the items as recommended by staff. Motion carried 4-0 (Palmer Absent). 2. APPROVAL OF MINUTES -.:REGULAR MEETING OF JULY 17, 2407 City Council Meeting August 7, 2007 Minutes Page 2 of 10 Mayor Pro Tem Amante corrected Minutes under Council Comments to reflect that $6 million was awarded to County and not Tustin for 53 OCTA grade crossing projects. Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Davert, to approve the Minutes of the Regular City. Council meeting of July 17, 2007. Motion carried 4-0. (Palmer absent) 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $3,180,993.54; $3,034,028.69; and $3,815,421.02; Reversals in the amount of $42,900.14; and Payroll in the amount of $634,541.61 and $671,134.93. 4. CONSIDERATION OF CLAIM OF MICHAEL MARK, CLAIM NO. 07-20 Motion: Deny Claim Number 07-20, Michael Mark, and direct Staff to send notice thereof to the Claimant. 5. PLANNING ACTION AGENDA -JULY 24, 2007 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 24, 2007. 6. QUARTERLY INVESTMENT REPORT Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Motion: Receive and file. 7. ANIMAL CARE SERVICES AGREEMENT FOR FISCAL YEAR 2007-2008 The City Council is requested to approve the Fiscal Year 2007-2008 Animal Care Services contract with the County of Orange Health Care Agency. Motion: Authorize the Mayor to sign the Animal Care Services agreement for Fiscal Year 2007-2008. City Council Meeting August 7, 2007 Minutes Page 3 of 10 8. PROPOSED CHANGES TO JOINT POWERS AGREEMENT ESTABLISHING THE CALIFORNIA INSURANCE POOL AUTHORITY The Board of Directors of the California Insurance Pool Authority (CIPA) is recommending various changes to the Joint Powers Agreement to reflect the transition from a claim made to occurrence form coverage -and the initiation of a Workers' Compensation pooled program. Motion: Authorize the Mayor to execute the Amended Joint Powers Agreement for the California Insurance Pool Authority. 9. LIQUIDATION OF DONATED STOCK The City has received four shares of Morgan Stanley stock donated by Mr. Gideon Young for the benefit of Police Department community related programs. The City Council must authorize the Treasurer to sell the shares as required by Banc of America Investment Services, Inc. Motion: Authorize the City Treasurer, G. W. Jeffries, to sell the donated shares and deposit the proceeds into a trust account for the benefit of Police Department community related programs. 10. CITY OF. TUSTIN RESPONSE TO NOP FOR IRVINE HCG PROJECT City Council authorization is requested for the City of Tustin's response to the subject Notice of Preparation (NOP) for a draft Environmental Impact Report (DEIR) for a Master Plan, Zone Change, Tentative Parcel Map, Development Agreement, Transfer of Development Rights, and other discretionary actions for the HCG office retail project in the Irvine Business Complex ("IBC") located at 2722 Michelson Drive and 18582 Teller Avenue. Mayor Bone commented on project, traffic counts will increase from 1,180 to 7,220 trips per day, hopes Irvine will mitigate impact to Tustin. Motion: It was moved by Mayor Bone, seconded by Councilmember Kawashima, that the City Council authorize staff to forward the draft response letter to the City of Irvine. Motion carried 4-0 (Palmer absent). 11. LOT LINE ADJUSTMENT NO. 2007-01 (LLA 2007-007 ORANGE COUNTY): 12881 NEWPORT AVENUE AND 14561 GREENWOOD LANE (FIRST BAPTIST CHURCH, TUSTIN AND GEORGE S. GOINS & JUNE E. GOINS TRUST) City Council Meeting August 7, 2007 Minutes Page 4 of 10 Motion: Adopt resolution RESOLUTION NO. 07-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 2007-01 12. AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT WITH AKM CONSULTING ENGINEERS, FOR THE TUSTIN AVENUE WELL PROJECT (CIP No. 6150) AND THE TUSTIN AVENUE AND 17th STREET WATER MAIN REPLACEMENT PROJECTS (CIP No. 6146) Amendment No. 1 to the Consultant Services Agreement (CSA) between the City and AKM Consulting Engineers, will provide for increases in billing rates, preparation of a Noise Study, provision of Construction Management Services and Hydro geologist oversight for the Drilling and Equipping Phases of the Tustin Avenue Well Project (CIP No. 6150). In addition, it will provide for the processing of permits through the County of Orange and City of Santa Ana for the Tustin Avenue and 17th Street Water Main Replacement Projects (CIP No. 6146). Motion: Approve Amendment No. 1 to the Consultant Services Agreement with AKM Consulting Engineers for the Tustin Avenue Well Project (CIP No. 6150) and the Tustin Avenue and 17th Street Water Main Replacement Projects (CIP No. 6146) and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. 13. TUSTIN POLICE OFFICERS ASSOCIATION MEMORANDUM OF UNDERSTANDING (JULY 1, 2007 TO JUNE 30, 2009) Motion: Adopt resolution. RESOLUTION NO. 07-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE OFFICERS ASSOCIATION, CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT 14. AUTHORIZE THE ISSUANCE OF NOT TO EXCEED $60 MILLION AGGREGATE PRINCIPAL AMOUNT OF SPECIAL TAX BONDS FOR TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 AND EXECUTE ACQUISITION AND FUNDING AGREEMENT City Council Meeting August 7, 2007 Minutes Page 5 of 10 This is the final stage in completing the Community Facilities District formation and bond issuance for the Columbus Villages at Tustin Legacy. Resolution No. 07-62 authorizes the issuance of $60 million of CFD bonds and executes all documents including the Indenture and Preliminary Official Statement. Motion: Adopt resolutions. RESOLUTION NO. 07-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $60,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) SPECIAL TAX BONDS, SERIES 2007 A, APPROVING THE EXECUTION AND DELIVERY OF AN INDENTURE, A BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE AGREEMENT AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO RESOLUTION NO. 07-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING THE EXECUTION AND DELIVERY OF AN ACQUISITION AND FUNDING AGREEMENT 15. AUTHORIZE THE ISSUANCE OF NOT TO EXCEED $16 MILLION AGGREGATE PRINCIPAL AMOUNT OF SPECIAL TAX BONDS FOR TUSTIN COMMUNITY FACILITIES DISTRICT NO. 07-1 AND EXECUTE SECOND AMENDMENT TO INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT This is the final stage in completing the Community Facilities District formation and bond issuance for the Vestar-Kimco Tustin, L.P. project at Tustin Legacy. Resolution No. 07-63 authorizes the issuance of $16 million of CFD bonds and executes all documents including the Indenture and Preliminary Official Statement. Motion: Adopt resolutions. RESOLUTION NO. 07-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $16,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 07-1 (TUSTIN LEGACY/RETAIL CENTER) SPECIAL TAX BONDS, SERIES 2007, APPROVING THE EXECUTION AND DELIVERY OF AN INDENTURE, AN ACQUISITION AGREEMENT, A BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE AGREEMENT AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO City Council Meeting August 7, 2007 Minutes Page 6 of 10 RESOLUTION NO. 07-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND AMENDMENT TO INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT 16. AUTHORIZATION FOR TRANSFER OF MISCELLANEOUS PERSONAL PROPERTY FROM CITY TO TUSTIN LEGACY COMMUNITY PARTNERS WITHIN BUILDINGS 212, 528, 529, AND 530, AND BUILDING 172 AT FORMER MCAS TUSTIN Motion: 16.a. Authorize the City Manager or Assistant City Manager to execute a Bill of Sale by and between the City of Tustin and Tustin Legacy Community Partners, LLC for transfer of miscellaneous personal property within Buildings 212, 528, 529, and 530 owned by the City of Tustin; and 16.b. Authorize the City Manager or Assistant City Manager to execute a Bill of Sale by and between the City of Tustin and Tustin Legacy Community Partners, LLC for transfer of miscellaneous personal property within Building 172 owned by the City of Tustin. REGULAR BUSINESS ITEMS 17. ADOPT 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. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to adopt Ordinance No. 1341. 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 Motion carried 4-0 (Palmer absent). (Roll call vote) City Council Meeting August 7, 2007 Minutes Page 7 of 10 18. ADOPT 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. The following amendment was made to proposed ordinance: 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 adopt Ordinance No. 1338. 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 4-0 (Palmer absent). (Roll call vote) 19. LEGISLATIVE REPORT: UPDATE ON HOUSE OF REPRESENTATIVES 2447, ENERGY AND ENVIRONMENT BLOCK GRANT PROGRAM H.R. 2447 would establish an Energy and Environment Block Grant Program that would appropriate approximately 24 billion dollars over five years to the Secretary of Energy to be provided to territories, commonwealths, and possessions of the United States, states, counties, and cities in the form of block grants. These grants could be used for a variety of specified activities that promote energy efficiency and climate protection. On June 19, 2007, the City Council directed staff to monitor H.R. 2447 and provide an update to the Council within sixty (60) days. There has been no action on the bill since May 23, 2007. Staff will continue to monitor H.R. 2447 and will provide an update to the Council on the status of H.R. 2447, once the bill moves forward in the legislative process. Mayor Bone asked staff to monitor AB 1111, AB 1309, AB 1542 and SB981, concerning Mobile Home properties. City Council Meeting August 7, 2007 Minutes Page 8 of 10 20. ADOPT JOHN WAYNE AIRPORT COALITION CITY POSITION STATEMENT Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to adopt resolution. RESOLUTION NO. 07-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING A JOHN WAYNE AIRPORT COALITION CITY POSITION STATEMENT Motion carried 4-0 (Palmer absent). SECOND PUBLIC INPUT -Bernie Miller opined that homeowners in gated communities relinquish traffic enforcement by police for home in private community and suggested removal of gates, or private patrol. OTHER BUSINESS AND COMMITTEE REPORTS Councilmember Davert: • Congratulated retiring veteran Tustin Police Officer Ed Ellett and wished him well; • Orange County Sanitation District conducting policy discussion workshops; spent day with members of Senator Feinstein's staff at Prado Dam, discussed exposed sewer line at Santa Ana river bed, funds included in Federal spending package to repair eroded pipe; and • Noted that he has received several complaints regarding parking; he will be meeting with Mayor and staff to review options and invited residents to continue sending comments. Mayor Pro Tem Amante: • Congratulated Officer Ed Ellett on his retirement; • Congratulated Councilmember Davert, recently named to the Orange County Fire Authority Executive Committee; • Orange County Transportation Authority -working on quiet zone, grade separation issues; and • Transportation Corridor Agency - Thursday is first organizing meeting of Transportation Corridor System, to acquire both agencies and completion of 241 Toll Road. ____ City Council Meeting August 7, 2007 Minutes Page 9 of 10 Mayor Bone: • Received a check in the amount of $94,596.00 from State Proposition 46, for City's efforts in addressing affordable housing; • Attended Target & Borders Grand Store Openings, Aug 17th is grand opening of The District; and • Attended Mayor's Conference in Monterrey along with Mayor Pro Tem Amante - conference addressed housing issues, including mobile home parks and rent control not considered solution, best to have long-term lease. ADJOURNMENT - 7:58 P.M. -The next regular meeting of the City Council is scheduled for Tuesday, September 4, 2007 in the Council Chamber, 300 Centennial Way, Tustin, California Adjourn in Memory of David Allen Wing City Council Meeting August 7, 2007 Minutes Page 10 of 10