The URL can be used to link to this page

Home My WebLink About03 CC MINUTES 2007 11 20 12-04-07Agenda Item 3 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA NOVEMBER 20, 2007 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; and Councilmembers Doug Davert; Tony Kawashima; and Jim Palmer Absent: None City Clerk: Marcia Brown, Administrative Secretary Others Present: Christine Shingleton, Assistant City Manager and Doug Holland, City Attorney PUBLIC INPUT -None CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL - EXPOSURE TO 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 LEGAL COUNSEL -EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding pending litigation to which the City is a party - 2 Cases RECESS - At 5:30 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 6:59 p.m. City Council reconvened in public session. PUBLIC MEETING CALL TO ORDER - 7:00 p.m. City Council Meeting November 20, 2007 Minutes Page 1 of 11 INVOCATION -Councilmember Jim Palmer PRESENTATION OF THE COLORS AND PLEDGE OF ALLEGIANCE -Cub Scouts Pack 804 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: Christine Shingleton, Assistant City Manager and Doug Holland, City Attorney CLOSED SESSION REPORT -Nothing to report. FIRST PUBLIC INPUT -None CONSENT CALENDAR ITEMS -Mayor Bone pulled Item Na. 3, Councilmember Palmer abstained on same and Mayor Pro Tem Amante pulled Item No. 4 for separate discussion. Mayor Bone abstained and Councilmember Kawashima voted no, on Item No. 12. It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to approve balance of consent calendar items as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 6, 2007 Motion: Approve the Minutes of the Regular City Council Meeting held November 6, 2007. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $932,259.13, and $650,739.68; Reversal in the amount of $257,061.99 and Payroll in the amount of $642,605.24 3. PLANNING ACTLON AGENDA -NOVEMBER 13, 2007 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Motion: It was moved by Mayor Bone, seconded by Councilmember Davert, City Council Meeting November 20, 2007 Minutes Page 2 of 11 to appeal item no. 3 at the January 2008 City Council Meeting and ratify the balance of the items on the Planning Commission Action Agenda of November 13, 2007. Motion carried 4-0 (Palmer abstained). 4. AWARD OF CONTRACT FOR CONSTRUCTION OF THE TUSTIN LIBRARY PROJECT (CI`P NO. 1045) Bids for the Tustin Library Project (CIP No. 1045) have been received and a construction contract is ready to be awarded. Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Davert, to: 4.a. It is recommended that the City Council award the construction contract Base Bid Item Number 1 and Alternate Bid Item Numbers A-1 through A-4 to GKK Works Construction Services, the lowest responsible and responsive bidder, in the amount of $14,620,150.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 4.b. Transfer $2,500,000 from the MCAS Tustin Redevelopment Project Housing Set Aside Fund (fund 56), and $1,114,375 from the South Central Project Areas Housing Set Aside Fund (53) to CIP project. number 1045. Motion carried 5-0. 5. LOT LINE ADJUSTMENT NO. 2007-02: THE DISTRICT AT TUSTIN LEGACY (VESTAR/KIMCO TUSTIN, L.P.) The proposed Lot Line Adjustment is being requested by Vestar/Kimco Tustin, L.P. to move an existing lot line to adjust the size of two (2) separate parcels for development purposes. Motion: Adopt resolution. RESOLUTION NO. 07-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT N0. 2007-02 6. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT MAP NO. 16782 - CAMELLIA (LENNAR HOMES OF CALIFORNIA, INC.) All public improvements associated with Tract Map No. 16782 (Camellia) City Council Meeting Minutes November 20, 2007 Page 3 of 11 have been completed. In addition, all monuments associated with the Tract Map have been set, inspected and verified as complete. The Public Works Department is now recommending acceptance of the public improvements and release of the public improvement and monumentation bonds. Motion: It is recommended that the City Council accept the public improvements and release the following bonds in the indicated amounts: Faithful Performance Bond (Bond No. 6373517) $ 20,000.00 Labor and Material Bond (Bond No. 6373517) $ 10,000.00 Monumentation Bond (Bond No. 6376516) . $ 4,760.00 7. SALARY AND BENEFITS RESOLUTION FOR EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES Adoption of the attached Resolution will provide salary and benefit adjustments for Executive Management and Management employees pursuant to Council direction. Motion: Adopt resolution. RESOLUTION NO. 07-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 07-22 8. SALARY AND BENEFITS RESOLUTION FOR SUPERVISORY EMPLOYEES Adoption of the attached Resolution will authorize salary and benefit adjustments for unrepresented City employees designated as "Supervisory" employees consistent with those salary and benefit parameters and/or adjustments established for other City employee groups. Motion: Adopt resolution. RESOLUTION NO. 07-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY EMPLOYEES AND SUPERSEDING RESOLUTION 07-23 9. SALARY AND BENEFITS RESOLUTION FOR CONFIDENTIAL EMPLOYEES City Council Meeting November 20, 2007 Minutes Page 4 of 11 Adoption of the attached Resolution will authorize salary and benefit adjustments for unrepresented City employees designated as "Confidential" employees consistent with Council direction. Motion: Adopt resolution. RESOLUTION N0. 07-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR CONFIDENTIAL UNREPRESENTED EMPLOYEES, AND SUPERSEDING RESOLUTION 07-24 10. SALARY RESOLUTION FOR PART-TIME EMPLOYEES Adoption of the attached Resolution will authorize salary adjustments for unrepresented part-time employee classifications. Motion: Adopt resolution. RESOLUTION NO. 07-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO SALARY FOR UNREPRESENTED PART-TIME EMPLOYEE CLASSIFICATIONS 11. POLICE DEPARTMENT VEHICLE PURCHASES Purchase one (1) 2008 Dodge Charger and one (1) 2008 Chevrolet Tahoe police units to replace older model high mileage vehicles. Purchase one (1) 2008 Dodge Charger unmarked unit and one (1) 2008 Dodge Durango unmarked unit to replace older model high mileage vehicles. Purchase three (3) 2008 Harley Davidson police motorcycles to replace older model BMW motorcycles. Award contract for police equipment conversion work for newly purchased police units. Motion: Approve the following purchases: 11.a. One (1) 2008 Dodge Charger (police package) from Moss Brothers Dodge in Riverside, California in the amount of $24,046.70 (Including tax and license). 11.b. One (1) 2008 Dodge Charger (unmarked unit) from Moss Brothers Dodge in Riverside, California in the amount of $22,308...69 (Including tax and license). 11.c. One (1) 2008 Dodge Durango (unmarked unit) from Hoblit Hayes Dodge Chrysler in Woodland, California in the amount of $21,336.85 (including tax and license). City Council Meeting November 20, 2007 Minutes Page 5 of 11 11.d. One (1) 2008 Chevrolet Tahoe (police package) from George Chevrolet in Lakewood, California in the amount of $ 33,305.61 (including tax and license). 11.e. Three (3) 2008 Harley Davidson FLHTP-I police motorcycles from Laidlaw Harley Davidson in Baldwin Park, California in the amount of $62,970.75 (including tax). There will be an 800 MHz radio installation cost of $2,436.00 per motorcycle from Orange County Sheriff Communications (only known source) added to the cost. The grand total for all three motorcycles is $70,104.74. 11.f. Police equipment conversion packages for the conversion of one (1) 2008 Dodge Charger marked police vehicle and one (1) Chevy Tahoe marked police vehicle from North Star Electronics in Downey, California in the amount of $22,693.08. 11.g. Authorize the Police Department to transfer Chevrolet Tahoe (retiring unit 3401) to the civilian police fleet and retire Unit 3431 - 2002 Ford Expedition from the civilian fleet as surplus. 12. ADOPT ORDINANCE 1343 -APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 06-024 AND DESIGN REVIEW 06-020, ZONE CHANCE 06-002, TENTATIVE TRACT MAP 17096 The project site consists of a 4.1-acre (net area) site currently developed with 60 apartment units. The project site is located at the southwest corner of Mitchell Avenue and Browning Avenue (1972 Mitchell Avenue and 14251- 14351 Browning Avenue) within the Suburban Residential (R-4) zoning district and High Density Residential General Plan land use designation (APN 432-342-30). Proposed Ordinance would rezone subject property. Councilmember Kawashima noted his opposition on this item. Mayor Bone abstained. Motion: Have second reading by title only and adoption of Ordinance No. 1343 (roll call vote) or action as necessary. ORDINANCE NO. 1343 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING ZONE CHANGE 06-002 TO REZONE THE PROPERTY LOCATED AT 1972 MITCHELL AVENUE AND 14251-14351 BROWNING AVENUE FROM SUBURBAN RESIDENTAL (R-4) TO MULTIPLE FAMILY RESIDENTIAL (R-3) ZONING CLASSIFICATION FOR DEVELOPMENT OF 77 CONDOMINIUM UNITS Motion carried 3-1 (Bone abstained, Kawashima opposed). City Council Meeting November 20, 2007 Minutes Page 6 of 11 13. ADOPT ORDINANCE 1344 - AN ORDINANCE OF THE CITY OF TUSTIN ADOPTING BY REFERENCE VARIOUS CONSTRUCTION CODES WITH AMENDMENTS AND APPENDICES The State's Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. The construction codes include: the California Building, Plumbing, Mechanical, and Electrical Codes, and other related codes. If the City Council approves Ordinance No. 1344, the most recent editions of the construction codes with the applicable amendments will be in effect within the City of Tustin as required by State Law. The 2007 State Building and Fire Codes are now based on the International Building and Fire Codes, 2006 edition, and other related construction codes. They are significantly changed from the 2001 state codes which were based on the 1997 Uniform construction codes. Motion: Have second reading by title only and adoption of Ordinance No. 1344 (roll call vote) or action as necessary. ORDINANCE NO. 1344 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING SPECIFIED CHAPTERS OF ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT THE 2007 EDITIONS OF THE CALIFORNIA CODES AND RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS THERETO 14. ADOPT ORDINANCE 1345 - AN ORDINANCE OF THE CITY OF TUSTIN ADOPTING BY REFERENCE THE CALIFORNIA FIRE CODE BASED ON THE INTERNATIONAL FIRE CODE WITH AMENDMENTS AND APPENDICES 14. ADOPT ORDINANCE 1345 - AN ORDINANCE OF THE CITY OF TUSTIN ADOPTING BY REFERENCE THE CALIFORNIA FIRE CODE BASED ON THE INTERNATIONAL FIRE CODE WITH AMENDMENTS AND APPENDICES The State's Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. Ordinance No. 1345 introduces the California Fire Code. If the City Council approves Ordinance 1345, the Fire Code with applicable amendments will be in effect within the City of Tustin as required by State law. Motion: Have second reading by title only and adoption of Ordinance No. 1345 (roll call vote) or action as necessary. ORDINANCE NO. 1345 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING SPECIFIED SECTIONS OF CHAPTER 1 OF ARTICLE 5 OF THE TUSTIN CITY CODE TO ADOPT THE 2007 CALIFORNIA FIRE CODE AS AMENDED THERETO __ City Council Meeting November 20, 2007 Minutes Page 7 of 11 REGULAR BUSINESS ITEMS 15. MISS TUSTIN SCHOLARSHIP PAGEANT The Miss Tustin Scholarship Pageant is requesting a $2,500 donation from the City Council to support the 2008 pageant. Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Davert, to donate 75% of the $2,500 requested by the Miss Tustin Scholarship Pageant as recently approved by the City Council. Motion carried 5-0. 16. CITRUS RANCH PARK PREFERRED DESIGN Per the City Council directive of April 3, 2007, the Community Services Commission is returning to the Council a recommended preferred design option for the Citrus Ranch Park Project (CIP No. 2046), which is within the confines of the CIP Budget and maintains the original intent of the park. Following City Council approval, a staff report will be provided recommending Council adoption of the resolution approving the Plans and Specifications for the project and authorizing and directing the City Clerk to advertise for bids. David Wilson, Acting Director of Parks and Recreation presented staff report. Deborah Gavello and Linda Beck addressed the Council. Council discussion ensued. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to approve the Citrus Ranch Park preferred design option as recommended by the Community Services Commission. Motion carried 5-0. 17. PROPOSED AMENDMENTS TO THE AIRPORT ENVIRONS LAND USE PLAN (AELUP) FOR JOHN WAYNE AIRPORT (JWA) The Airport Land Use Commission (ALUC) of Orange County is in the process of updating the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport (JWA). The City of Tustin has been provided with a copy of the proposed amendments for review and comment. The ALUC staff have requested comments by November 26, 2007, and are setting meetings with affected jurisdictions. City staff will not be meeting with ALUC staff until November 19, 2007, after which staff will have a better grasp on the potential implications to the City and comments that should be included in a comment letter. City Council Meeting November 20, 2007 Minutes Page 8 of 11 Elizabeth Binsack, Community Development Director presented staff report. Council requested information on the settlement agreement at future council meeting. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to authorize the Mayor to sign and send a comment letter to the ALUC when it is available. Motion carried 5-0. 18. CALIFORNIA VEHICLE CODE ENFORCEMENT ON PRIVATE ROADWAYS Over the past year, residents located within private communities throughout the City of Tustin have inquired about the police department's ability to enforce the California Vehicle Code on private property. The requests for intervention by the police department are the result of an increase in traffic related issues, such as speeding and failing to stop for posted stop signs, along the private roadways located within the community. The proposed resolution would allow the police department to enforce the California Vehicle Code within private communities in the City, following a petition by a majority of the affected residents, a public hearing on the petition, advanced written notice, and the proper posting of signage. Scott Jordan, Police Chief presented staff report. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to adopt resolution. RESOLUTION NO. 07-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE ON PRIVATELY MAINTAINED ROADWAYS Motion carried 5-0. 19. LEGISLATIVE REPORTS -None SECOND PUBLIC INPUT -None OTHER BUSINESS AND COMMITTEE REPORTS Councilmember Kawashima: City Council Meeting November 20, 2007 Minutes Page 9 of 11 • Wished all a happy Thanksgiving; and • Adjourn meeting in memory of two individuals noted on agenda. Councilmember Palmer: • Wished all a happy Thanksgiving; • Congratulated Tustin Community Foundation for a successful Mayor's Thanksgiving Breakfast; • Requested Community Services Commission develop and prioritize a park master plan for consideration of council; and • Requested job descriptions for commissioners. Councilmember Davert: • Condolences to Huston family on passing of City Manager's mother; • Wished all a happy Thanksgiving; • Congratulated Mayor on successful Mayor's Thanksgiving Breakfast; • Invited all to attend annual Christmas Tree Lighting ceremony on November 30th; and • Orange County Fire Authority report -inspected Santiago fire burnt area from ground and air, discussed necessary precautions for upcoming rainy season; voted to proceed with renewal of Joint Powers Agreement with City. Mayor Pro Tem Amante: • Condolences to City Manager William Huston and family; • Wished all a happy Thanksgiving; • Acknowledged Fire Chief and magnificent work of protecting community, also on standby for possible Santa Ana wind conditions; and • Commented on upcoming Christmas Tree Lighting ceremony; • Congratulated Tustin Community Foundation's hard work for a fabulous Mayor's Thanksgiving Breakfast; and • Acknowledged members of Community Services Commission in attendance, thanked them for work on parks, and looking out for community. Mayor Bone: • Attended meeting in Atlanta, Georgia to view test track on MAGLEV; • Metrolink board -Santa train to arrive at 5:45 p.m. on December 16th, rail cars delayed, quiet zone, noted number of claims pending; • New pet hotel opening on December 1St; • Oregon recently repealed similar law as Proposition 90 that was supported by Orange County voters but repealed by state; • Public Utilities Commission Rule 21A changes regarding underground funding; • Reappointed to State Policy committee on Transportation, Communications and Public Works; • New Illegal Taste Tax on alcoholic beverages by State Board of Equalization; and • Announced retirement of SCAG director, Mark Pisano. City Council Meeting November 20, 2007 Minutes Page 10 of 11 ADJOURNMENT - 8:14 p.m. The next meeting of the City Council is scheduled for Tuesday, December 4, 2007 at 5:30 for Closed Session and 7:00 p.m. for Regular Session in the Council Chamber, 300 Centennial Way, Tustin, California ADJOURN IN MEMORY OF TOM SCAGLIONE, AYSO COACH AND MARY HUSTON City Council Meeting November 20, 2007 Minutes Page 11 of 11