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HomeMy WebLinkAboutCC MINUTES 2006 06 05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JUNE 5, 2006 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen (5:35 p.m.); Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima 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 REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: 305 East Main Street Negotiators: Assistant City Manager Christine Shingleton (City) and Cathy Sipia of Cathy's Kids Club Under Negotiation: Acquisition B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) . Russell vs. City of Tustin RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 7:00 p.m. City Council reconvened in public session. PUBLIC MEETING City Council Meeting Minutes June 5, 2006 Page 1 of 10 CALL TO ORDER - 7:00 P.M. INVOCATION - Councilmember Bone PLEDGE OF ALLEGIANCE - Mayor Pro Tem Worley Hagen ROLL CALL Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen; Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney CLOSED SESSION REPORT - Nothing to report. PRESENTATION · Certificates of Recognition presented by Mayor Davert and Tustin Pride Committee Chair Kim Leason to the following Tustin Pride Poster/Essay Contest winners: Theme Grades K-5 'What Can I Do To Help Recycle In Tustin?" Name Gianluca Allesina Blake Balsiger Taylor Groot Kylie Ruhlen Deeba Zadeh Samuel Harristakis Hayden Wyndham-Smith Lisa Lin Jonathan Tsai Category Poster Essay Poster Essay Poster Poster Essay Poster Essay School Ladera Peters Canyon Arroyo Arroyo Peters Canyon Tustin Ranch Estock Ladera Ladera Grade 1 2 2 3 3 4 4 5 5 Theme Grades 6-8 'What Can I Do To Make My Community Drug Free?" Name Jessica Ma Ainsley Kosinski Marissa LaBarbera Peter Nguyen Dianna Wiegand Cateaorv Poster Poster Essay Essay Poster School Columbus Tustin Hewes Hewes Hewes Hewes Grade 6 7 7 8 8 City Council Meeting Minutes June 5, 2006 Page 2 of 10 REGULAR BUSINESS ITEM (Taken Out of Order) 17. RENEWED MEASURE M TRANSPORTATION PLAN On November 6, 1990, Orange County voters approved Measure M, a half-cent local transportation sales tax to be collected for 20 years. The revenue generated from Measure M has been used to fund critical freeway, road and transit projects in Orange County. However, the sales tax is set to expire in 2011. In order for the renewal of the half-cent sales tax (Measure M) to be placed on the November 2006 ballot, the Measure must obtain support of a majority of Orange County cities representing a majority of the population of Orange County. The Orange County Division of the League of California Cities, has recommended the adoption of the attached resolution in support of the Renewal of Measure M. By adopting the resolution, each city is acknowledging the importance of preserving Measure M funding for the next 30 years and approving the Investment Plan for the revenues expected to be derived from the renewal of Measure M. Adoption will allow the new measure to be put before the voters. Presentation of staff report by Public Works Director Tim Serlet. Bill Campbell and Carolyn Cavecche representing OCTA spoke on the matter. The following spoke in opposition to Renewed Measure M Transportation Investment Plan: Anthony Trujillo, Don Gilchrist, and Chris E. Ema Councilmembers Hagen, Amante, Bone, and Davert spoke in support of Renewed Measure M. Motion: It was moved by Council member Amante, seconded by Council member Bone, to adopt resolution. Motion carried 4-0-1 (Kawashima abstained due to conflict of interest). RESOLUTION NO. 06-69 - A resolution of the City Council of the City of Tustin, California, approving the Renewed Measure M Transportation Investment Plan FIRST PUBLIC INPUT - None PUBLIC HEARING ITEM 1. CONSIDERATION OF THE LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2006- 2007 Public hearing to consider approving a levy of annual assessments for the Tustin City Council Meeting Minutes June 5, 2006 Page 3 of 10 Landscape and Lighting District for FY 2006-07. Based on the results of the ballot proceedings, the base assessment rate for Fiscal Year 1997-98 and subsequent years may be increased by no more than the increase in the CPI for all urban consumers for the Los Angeles, Anaheim, and Riverside area. The intent of applying the annual CPI adjustment to the base assessment rate is to maintain the value of the maintenance work in relation to the increased cost of the maintenance work. The percent increase in the CPI in calendar year 2005 was 4.5%. The District's budget for Fiscal Year 2006-2007 has been increased as allowed by Proposition 218 to offset anticipated increases in operating expenses. Legal notice published in the Tustin News on Thursday, May 25, 2006. Presentation of staff report by Public Works Director Tim Serlet. The public hearing opened at 7:50 p.m. There were no public speakers and the hearing closed at 7:50 p.m. Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem Hagen, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 06-63 - A resolution of the City Council of the City of Tustin, California confirming the Levy of Annual Assessments for the landscape maintenance and public street lighting expenses in the Tustin Ranch Area within the boundaries of the Tustin Landscape and Lighting District for Fiscal Year 2006-2007 CONSENT CALENDAR ITEMS - It was moved by Council member Bone, seconded by Mayor Pro Tem Hagen, to approve items 2 through 13. Motion carried 5-0. 2. APPROVAL OF MINUTES - REGULAR MEETING OF MAY 15, 2006 Motion: Approve the Regular City Council Meeting Minutes of May 15, 2006. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $616,445.44; $1,521,892.74; $3,717,046.24; and Payroll in the amount of $566,577.87. 4. AUTHORIZATION TO EXPEND ASSET FORFEITURE FUNDS The Police Department is requesting authorization from the City Council to expend asset forfeiture funds to purchase hand-held police radios to augment the 800 MHz radio inventory; and personal digital audio recorders with management software for those officers working special assignments without City Council Meeting Minutes June 5, 2006 Page 4 of 10 benefit of a mobile audio/video recorder system (MAVS) in their vehicles. Motion: Authorize the appropriation of $78,750 from the Asset Forfeiture fund to purchase radio equipment, digital audio recorders and associated software. 5. TUSTIN SPORTS PARK TOT LOT RENOVATION (PROJECT NO. 2059) ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE NOTICE OF COMPLETION Motion: 5.a. Adopt resolution; and RESOLUTION NO. 06-56 - A resolution of the City Council of the City of Tustin, California, accepting works of improvement and authorizing recordation of Notice of Completion for Tustin Sports Park Tot Lot Renovation 5.b. Authorize the recordation of the Notice of Completion; and direct the City Clerk to: 1. Release the Labor and Materials Bond no sooner than 35 days after the date of recordation of the Notice of completion; and 2. Release the Faithful Performance Bond no sooner than one year after the date of recordation of the Notice of Completion. 6. CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2006, CONSOLIDATING SERVICES WITH THE ORANGE COUNTY VOTER REGISTRAR'S OFFICE AND ADOPTING REGULATIONS FOR CANDIDATES FOR CITY COUNCIL Motion: Adopt resolutions. RESOLUTION NO. 06-64 - A resolution of the City Council of the City of Tustin, California (1) calling and giving notice of a General Municipal Election to be held on Tuesday, November 7, 2006, (2) requesting the County of Orange Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election (3) authorizing the County of Orange Registrar Voter's Office to canvass the election returns; and (4) providing for expenses of the election RESOLUTION NO. 06-65 - A resolution of the City Council of the City of Tustin, California, adopting regulations for candidates for City Council pertaining to Candidate Statements submitted to the voters at the General Municipal Election with the Statewide General Election to be held on Tuesday, November 7,2006 City Council Meeting Minutes June 5, 2006 Page 5 of 10 7. SET A PUBLIC HEARING FOR JUNE 19, 2006 AT 7:00 PM TO CONSIDER SOLID WASTE RATE ADJUSTMENTS AND PLACING RESIDENTIAL SOLID WASTE RATES ON THE FY 06-07 COUNTY PROPERTY TAX ROLL Motion: Set a public hearing for June 19, 2006 at 7:00 p.m. to consider various rate adjustments and to place the residential solid waste fees on the County's Assessor's Tax Roll. 8. APPROVAL OF AN EXTENSION TO THE AGREEMENT BETWEEN CLEAR CHANNEL OUTDOOR AND THE CITY OF TUSTIN TO MAINTAIN BUS SHELTERS AND BENCHES WITHIN THE CITY OF TUSTIN Motion: Approve an extension to the Agreement with Clear Channel Outdoor (CCO) for an additional two-year period. 9. AWARD OF CONTRACT FOR CONSTRUCTION OF THE FIRST STREET/B STREET PEDESTRIAN ENHANCEMENTS (CIP NO. 4068) Motion: Award a construction contract for the First Street/B Street Pedestrian Enhancements (CIP No. 4068) to Pouke & Steinle, Inc., the lowest responsible and responsive bidder in the amount of $243,950.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 10. AUTHORIZATION FOR THE STATE TO PURCHASE ONE RIDING LAWNMOWER Authorize the General Services Department of the State of California to purchase one current model year riding lawnmower on behalf of the City of Tustin. Motion: Adopt resolution. RESOLUTION NO. 06-61 - A resolution of the City Council of the City of Tustin, California authorizing the Department of General Services of the State of California to purchase certain items 11. CONSIDERATION OF CLAIM OF DIANNA LYNN PERRONE, CLAIM NO. 06-10 Motion: Deny Claim Number 06-10, Dianna Lynn Perrone, and direct staff to send notice thereof to the Claimant. City Council Meeting Minutes June 5, 2006 Page 6 of 10 12. PLANNING ACTION AGENDA- MAY 22,2006 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 May 22, 2006. 13. CITY OF TUSTIN REVIEW OF CITY OF IRVINE DRAFT ENVIRONMENTAL IMPACT REPORT FOR LAMBERT RANCH PROJECT City staff has reviewed the Lambert Ranch Draft Environmental Impact Report (DEIR) for a General Plan Amendment, Zone Change, Conceptual Master Plan, Vesting Tentative Tract Map, and Park Plan for residential development consisting of 168 single family dwelling units north of Portola Parkway, approximately 0/. mile east of the eastern leg of the Eastern Transportation Corridor (Highway 133). It is not anticipated that the proposed project would have any significant impacts on the City of Tustin. Motion: Receive and file report. REGULAR BUSINESS ITEMS 14. ORDINANCE NO. 1312 SECOND READING - ADOPTING CITY LOGO AND SEAL The proposed ordinance will ensure that the Logo and the Seal are consistently and legally used whenever they appear. Motion: It was moved by Councilmember Bone, seconded by Council member Kawashima, to have second reading by title only and adoption of Ordinance No. 1312. (Roll Call Vote) ORDINANCE NO. 1312 - An ordinance of the City of Tustin, California, adding Part 4 to Chapter 2, Article 1 of the Tustin City Code regarding the City Seal and Logo Motion carried 5-0. 15. SET DATE FOR FISCAL YEAR 2006-07 BUDGET WORKSHOP Motion: Set July 3, 2006 at 4:00 p.m. for Fiscal Year 2006-07 Budget Workshop. 16. ESTABLISH A COMMUNITY FACILITIES DISTRICT AND AUTHORIZE THE LEVY OF SPECIAL TAXES; AND INCUR BONDED INDEBTEDNESS OF THE City Council Meeting Minutes June 5, 2006 Page 7 of 10 PROPOSED CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 Presentation of staff report by Finance Director Ron Nault. Motion: It was moved by Councilmember Bone, seconded by Councilmember Kawashima, to adopt as follows: 16.a. Adopt resolutions; RESOLUTION NO. 06-67 - A resolution of the City Council of the City of Tustin of intention to establish a Community Facilities District and to authorize the levy of special taxes RESOLUTION NO. 06-68 - A resolution of the City Council of the City of Tustin to incur bonded indebtedness of the proposed City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) RESOLUTION NO. 06-70 - A resolution of the City Council of the City of Tustin authorizing the execution and delivery of a Joint Community Facilities Agreement 16.b. Authorize the selection of various Consultants for this second Community Facilities District financing as recommended by staff; and 16.c. Authorize the City Manager to sign the Deposit and Reimbursement Agreement between the City and Lennar Homes of California, Inc. Motion carried 5-0. 18. OPPOSING STATE ASSEMBLY EFFORTS TO PROHIBIT CONSTRUCTION OF A TOLL ROAD THROUGH THE SAN ONOFRE STATE BEACH PARK A subcommittee of the California Assembly has recommended that the Assembly approve a law which would prohibit construction of the Foothill South Toll Road through the San Onofre State Beach Park. The Foothill/Eastern Transportation Corridor Agency (F/ETCA) Board of Directors has requested support from Cities to urge Orange County's state representatives to oppose this recommendation. Motion: It was moved by Council member Amante, seconded by Councilmember Bone, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 06-66 - A resolution of the City Council of the City of Tustin, California opposing State Assembly efforts to prohibit construction of a toll road through the San Onofre State Beach Park City Council Meeting Minutes June 5, 2006 Page 8 of 10 19. DESIGN BUILD CONTRACTING BY CITIES, COUNTIES AND SPECIAL DISTRICTS (SB1431) Many California cities are currently precluded by the Public Contracts Code from utilizing the design-build process to construct public projects. SB 1431 by State Senator David Cox would revise the code to allow a City Council to authorize the use of the process for building projects. Motion: It was moved by Council member Bone, seconded by Councilmember Amante, to support SB1431 as proposed by Senator David Cox and authorize the Mayor to submit a letter of support. Motion carried 5-0. 20. CITY COUNCIL - LEGISLATIVE UPDATES Councilmember Bone reported that AB2987 was approved by the Assembly with a 77-0-3 vote and is now going to the Senate for approval. Motion to send letter to Senate and Governor's Office. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Councilmember Amante: . On May 16 attended Teacher of the Year Dinner, thanked and congratulated all teachers; . Attended Transportation Corridor Agency (TCA) budget workshop, tentatively approved $255,000,000 budget; . Supervisor Campbell and Lucy Dunn of Orange County Business Council attended hearings in Sacramento on behalf of TCA as advocates for intelligent planning; . Saddened by recent death of Orange Council member Steve Ambriz and reported that Assemblyman Todd Spitzer will be proposing increase of penalties for drunk driving accidents resulting in death; . Gave an update to the Irvine Chamber of Commerce on Tustin Legacy developments; . Son was married last weekend; . Congratulated everyone that worked on the Chili Cook-Off and Street Fair; and . Invited all to attend Tustin Police Department Open House. Councilmember Kawashima: . Positive feedback received on extension of area for Chili-Cook Off; . Tustin Ranch Road resurfacing project, including handicap ramps, is federally funded; and . Hoped the upcoming ballot measures on highway improvements would not further mass urbanization. Councilmember Bone: . Noted wheelchair operators sometimes have difficulty with handicap ramps; City Council Meeting Minutes June 5, 2006 Page 9 of 10 · Santa Ana River Flood Protection Agency lowering city contribution and possibly shutting down agency in a few years; Seven Oaks Dam will be completed by July 1st; · Metrolink opened weekend service, 67 trains a day go through Tustin; · Southern Califomia Association of Governments (SCAG) discussed Regional Housing Needs Assessment (RHNA), requested letter sent to SCAG with Council comments and staff to make presentation at next Council meeting on RHNA pilot program; · Congratulated Man and Woman of the Year - Gerry Aust and Leslie Pontius; and . Will mourn loss of Orange Council member Steve Ambriz. Mayor Pro Tem Hagen: · Congratulated Foothill High Baseball Team on CIF Championship; . Orange County Vector Control gave Avian Flu report; · Congratulated Parks & Recreation, Police Department and Federal Disposal for a successful Chili-Cook Off event; . Encouraged all to vote tomorrow; . Noted gravel on sidewalks at Tustin Ranch Road; and · Suggested that Tustin Legacy builders offer solar panels for new homes. Mayor Davert: · Reported that Urban Land Institute will be studying opportunities for new master planning; . Echoed comments for Chili Cook off, over 26,000 people attended; · Congratulated Gerry Aust and Leslie Pontious on winning Man & Woman of the Year awards; · Congratulated recent graduates and asked everyone to stay safe; . Commented on sadness of the death of Orange Councilmember Steve Ambriz; · Reminded everyone to support Barnes & Noble and Pat & Oscars Library Fundraiser; and . Election day tomorrow, encouraged everyone to vote. ADJOURNMENT - 8:23 p.m. - Next meeting scheduled for June 19, 2006 at 4:30 p.m. for a Special Meeting; 5:30 p.m. for Closed Session; and 7:00 p.m. for Regular Session at Council Chamber, 300 Centennial Way, Tustin, California Adjourn in Memory of Orange City Councilmember Steven Ambriz and Frances Logan DOUG DAVERT Mayor PAMELA STOKER City Clerk City Council Meeting Minutes June 5, 2006 Page 10 of 10