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HomeMy WebLinkAboutCC MINUTES 2006 07 17 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JULY 17, 2006 REGULAR MEETING CALL TO ORDER - 7:01 P.M. INVOCATION - Father John Block, St. Cecilia's Church PLEDGE OF ALLEGIANCE - Councilmember Bone ROLL CALL Present: Mayor Doug Davert; Mayor Pro Tern 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 PRESENTATIONS . Proclamations presented by Mayor Davert to the following Girl Scout Gold Award Recipients: Sarah Christine Bailey; Kate "Katie" Kroko; Shannon Lane; Marijose Lopezrevoredo; and Leah Mehl Laituri . Proclamation presented by Mayor Davert to First Advent Church in recognition of their 125th Anniversary . Historic Resource Committee presentation to Stephen and Sharon Jones at 520 West Main Street for Outstanding Old Town Property FIRST PUBLIC INPUT - Heidi Brown representing Tustin Preservation Conservancy, spoke on communication with the County regarding sound walls. PUBLIC HEARING 1. CONDUCT A PUBLIC HEARING AND HOLD A SPECIAL ELECTION FOR CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) AND ADOPT VARIOUS RESOLUTIONS AND AN ORDINANCE FORMING THE DISTRICT City Council Meeting Minutes July 17, 2006 Page 1 of 12 The actions taken by the City at this time will finalize the formation of the Community Facilities District (CFD) for Columbus Villages. The City Council will conduct and certify a special election of property owners in the proposed district. The public hearing opened at 7:14 p.m. There were no public speakers and the hearing closed at 7:18 p.m. Motion: It was moved by Mayor Pro Tem Hagen, seconded by Council member Kawashima, to approve Resolution No. 06-89: RESOLUTION NO. 06-89 - A resolution of the City Council of the City of Tustin of formation of City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages), authorizing the levy of a Special Tax within the District and establishing an appropriations limit for the District Motion: It was moved by Councilmember Amante, seconded by Councilmember Bone, to approve Resolution No. 06-90: RESOLUTION NO. 06-90 - A resolution of the City Council of the City of Tustin deeming it necessary to incur bonded indebtedness within City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem Hagen, to approve Resolution No. 06-91: RESOLUTION NO. 06-91 - A resolution of the City Council of the City of Tustin calling Special Election for City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) City Clerk Stoker opened ballots and announced the results of the election. Vote 8-0 to approve CFD. Motion: It was moved by Council member Amante, seconded by Mayor Pro Tem Hagen, to approve Resolution No. 06-92: RESOLUTION NO. 06-92 - A resolution of the City Council of the City of Tustin declaring results of Special Election and directing recording of notice of Special Tax Lien Motion: It was moved by Mayor Pro Tem Hagen, seconded by Councilmember Amante, to introduce and have first reading by title only of the following ordinance: City Council Meeting Minutes July 17, 2006 Page 2 of 12 ORDINANCE NO. 1315 - An ordinance of the City of Tustin, California, Levying Special Taxes within the City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem Hagen, to approve Resolution No. 06-93: RESOLUTION NO. 06-93 - A resolution of the City Council of the City of Tustin declaring its official intent to reimburse certain expenditures from proceeds of indebtedness 2. APPROPRIATING FUNDS FOR VARIOUS CITY BUDGETS FOR FISCAL YEAR 2006/2007; APPROPRIATION LIMIT FOR FISCAL YEAR 2006-2007; AND AMENDING THE COMPREHENSIVE SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES Adopting the budgets for the City, the Water Enterprise and the Tustin Legacy Enterprise for Fiscal Year 2006/2007; adopting appropriations for all government funds as proposed in the Draft Budget; and amending the Comprehensive Schedule of Fees and Charges for various City services. The public hearing opened at 7:21 p.m. There were no public speakers and the hearing closed at 7:21 p.m. Motion: It was moved by Councilmember Bone, seconded by Councilmember Amante, to approve as follows: 2.a. Adopt resolution; RESOLUTION NO. 06-83 - A resolution of the City Council of the City of Tustin, Califomia, adopting the City Budget and appropriating from the anticipated revenues of the City for the Fiscal Year 2006/2007 2.b. Select the change in the Califomia per Capita Personal Income as the price factor for adjusting the 2006/2007 appropriation limit, 2.c. Adopt resolutions RESOLUTION NO. 06-84 - A resolution of the City Council of the City of Tustin, California, determining and adopting an appropriation limit for the Fiscal Year 2006/2007 in accordance with Article XIIIB of the Constitution of the State of California, and Section 7910 of the Government Code RESOLUTION NO. 06-85 - A resolution of the City Council of the City of Tustin amending the City-Wide Comprehensive Schedule of Fees and Repealing Resolution No. 05-99 City Council Meeting Minutes July 17, 2006 Page 3 of 12 CONSENT CALENDAR - Mayor Davert pulled item 7 for separate discussion. It was moved by Mayor Pro Tem Hagen, seconded by Councilmember Bone, to approve items 3 through 6 and 8 and 9. Motion carried 5-0. 3. APPROVAL OF MINUTES - SPECIAL AND REGULAR MEETING MINUTES OF JULY 3, 2006 Motion: Approve the Special and Regular Meeting Minutes of July 3, 2006. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $1,378.456.06; $358,015.02; $451,012.18; Reversals in the amount of $74,272.68; and Payroll in the amount of $602,594.65. 5. PLANNING ACTION AGENDA - JULY 10,2006 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Motion: Ratify the Planning Commission Action Agenda of July 10, 2006. 6. QUARTERLY INVESTMENT REPORT Motion: Receive and file. 7. ITEM CONSIDERED OUT OF ORDER (AFTER ITEM 15) 8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION FOR THE INSTALLATION OF A WICK IRRIGATION SYSTEM ON JAMBOREE ROAD-PHASE II (CIP NO. 1538) Motion: 8.a. Adopt resolution; RESOLUTION NO. 06-74 - A resolution of the City Council of the City of Tustin, California accepting the works of improvement and authorizing recordation of a Notice of Completion for the Installation of Wick Irrigation System on Jamboree Road - Phase II (CIP No. 1538) 8.b. Authorizing the recordation of the Notice of Completion, and direct the City Clerk to: City Council Meeting Minutes July 17, 2006 Page 4 of 12 1. Release the labor and Materials Payment 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 1-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 $9,500.00 to TruGreen Landcare. This amount together with the payment of $85,500.00 represents 100% of the final construction cost for the project. 9. APPROVAL OF DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND OVERALL ANNUAL DBE GOAL OF NINE AND 75/100 PERCENT (9.75%) FOR FEDERAL FISCAL YEAR 2006-2007 Motion: Adopt resolution. RESOLUTION NO. 06-86 - A resolution of the City Council of the City of Tustin, California, approving the Disadvantaged Business Enterprise (DBE) Program and overall annual goal of nine and 75/100 percent (9.75%) for Federal Fiscal Year 2006-2007, for adoption and submission to the California Department of Transportation (Caltrans) REGULAR BUSINESS 10. SET INTERVIEW DATE FOR PLANNING COMMISSION VACANCY Motion: Set August 7, 2006 at 5:00 p.m. as date and time to conduct interviews for the vacancy on the Planning Commission. 11. APPOINTMENT OF CITY COUNCIL MEMBER TO POLICY COMMITTEE FOR THE SOUTH ORANGE COUNTY MAJOR INVESTMENT STUDY The Orange County Transportation Authority (OCTA) is creating a Policy Committee to provide a forum for input from elected officials to the South Orange County Major Investment Study (SOC MIS). Elected representatives from each of the effected cities are being requested to participate on the Policy Committee. The major investment study is being conducted to determine deficiencies in the existing transportation system within the southern Orange County region, and to analyze potential capacity enhancements that could relieve traffic congestion. City Council Meeting Minutes July 17, 2006 Page 5 of 12 Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem Hagen, to appoint Councilmember Jerry Amante to the Policy Committee for the South Orange County Major Investment Study. Motion carried 5-0. 12. DESIGN REVIEW 06-013 - PASADENA AVENUE WELL SITE Design Review 06-013 is a City of Tustin Water Services Division project that involves the construction of a water well facility, housed in a 1,450 square foot structure, with a paved service yard and surrounded by landscaped grounds. The proposed project would pump water from the existing groundwater supply as required to satisfy domestic water demands for Tustin's service area. Correspondence received by Office of Historic Preservation and Rutan & Tucker Staff presentation by Water Services Manager Fred Adjarian, Senior Planner Scott Reekstin, and Community Development Director Elizabeth Binsack. The following members of the audience spoke on the Pasadena Avenue Well Site: · Markus Brown, suggested approval for CEQA portion & design review should be approved separately; project not consistent with Old Town Tustin historic district. · Jim Poissant, opposed to project due to health and welfare of residents during the construction period, requested Cultural Resources Advisory Committee review project. · Tom Bode, opposes project due to adverse impact on property values and risk of chlorine gas leak. · Greg Hughes, believes project will decrease value of homes in the surrounding area, cause noise and dust; it is a non-conforming project in residential area. · Kelly Poissant, proposed location is primarily residential and requested that Council consider a commercial location. · David Cosgrove, Rutan & Tucker, stated several technical aspects for opposition of project, suggested that a Certificate of Appropriateness for Construction of a Water Well be submitted. · John Toth, related experience living next to water reservoir on 1ih Street, noise is excessive. · Tina Blenz, proposed location is 20 feet from her home and location is not appropriate for neighborhood. · Bob Mason, suggested a wood fence surrounding well, regular weekly maintenance, include in mitigation compensation for residents if noise limits are exceeded or damage occurs to foundations during construction. · Bill Hockenberry, design and Mitigated Negative Declaration should be separated, building structure must complement the neighborhood, and possible damage to streets with heavy equipment. · Mayor Pro Tem Hagen - did City research alternate sites? Water Services Manager Adjarian replied the site was chosen for water quality, high capacity City Council Meeting Minutes July 17, 2006 Page 6 of 12 and property is owned by City. . Council member Kawashima - would Tustin Avenue well site location accommodate 2 wells? Water Services Manager Adjarian indicated it would not be known until drilling is complete, an increase in local production is needed and local production is less expensive. Staff has identified 4-6 additional wells that need to be constructed. John Loague, AKM Consulting Engineers, spoke about high costs, energy intensive, does not recommend drilling in contaminated areas. . Councilmember Bone - desalter would have to be built or sent to treatment facility if pumping in nitrate area, water conservation necessary in Tustin as usage continues to rise. . Councilmember Amante - water storage in case of emergency is less than what is required and at current prices pumping water would be less than $20 million a year. Water Services Manager Adjarian said local supply and control is needed. Orange County Fire Authority Fire Safety Engineer Robert Distaso indicated that site is relatively small and Fire Department would address potential problems before evacuation would be needed. . Mayor Pro Tem Hagen - what are noise levels compared to current freeway noise? Consultant Fred Greevey indicated the only noise would come from a fan once well was in operation. . Councilmember Kawashima - questioned size of site. Water Services Manager Adjarian responded 100' by 100' for minimum well size. Boyle Engineering Corporation studied 8 different site locations, some not considered due to location, land use or closeness to nitrate plume. . Councilmember Amante - meeting water capacity is City's goal. . Mayor Davert - Main Street well currently being rehabilitated, Water Services Manager Adjarian indicated rehabilitation was unanticipated & due mainly to coersivity of water, Pasadena Avenue site would be top choice even if City did not own property due to best water quality and high capacity, empty lot at 5 & 55 freeway owned by Caltrans. Mayor recognizes the site is convenient and economical but not certain location is ideal, concurs with separation of CEQA and design review. . Council member Amante - not concerned with noise or safety but the increasing cost of imported water, would like to see better building design to blend more with community. . Councilmember Kawashima - agrees to separate design review from Mitigated Negative Declaration and look at other potential sites. . Councilmember Bone - indicated that staff has exhausted review of potential site locations and is ready to support project. . Mayor Pro Tem Hagen - not many options available, agrees with trying to improve aesthetic design and keep noise levels down. Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem Hagen, to adopt Resolution No, 06-79. Motion carried 3-2 (Davert & Kawashima opposed). RESOLUTION NO. 06-79 - A resolution of the City Council of the City of Tustin, California, adopting the Final Mitigated Negative Declaration as City Council Meeting Minutes July 17, 2006 Page 7 of 12 adequate for Design Review 06-013, and adopting a Mitigation Monitoring and Reporting Program, as required by the California Environmental Quality Act Postponed consideration of Resolution No. 06-80 to future meeting. RESOLUTION NO. 06-80 - A resolution of the City Council of the City of Tustin approving Design Review 06-013 for the Pasadena Avenue Well Site Project (Not Adopted) 13. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR DRILLING OF PASADENA AVENUE WELL (CIP No. 6130) The proposed project would pump local groundwater to meet a portion of the domestic retail water demands within Tustin's water service area. Specifications for the drilling phase of the Pasadena Avenue Well (CIP No. 6130) have been prepared; the project is now ready to be bid. Motion: It was moved by Councilmember Amante, seconded by Councilmember Bone, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 06-88 - A resolution of the City Council of the City of Tustin, California approving Specifications for Drilling of Pasadena Avenue Well (CIP No. 6130) and authorizing advertisement for bids 14. FEE WAIVER PERMIT FOR THE TUSTIN PUBLIC SCHOOLS FOUNDATION 2006 DINOSAUR DASH The Tustin Public Schools Foundation has requested a waiver of staff costs, equipment rental and permit fees for the 2006 Dinosaur Dash, which will be held on Sunday, November 5, 2006. Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem Hagen, to waive fees. Motion carried 5-0. 15. PROPOSED INITIATIVE AMENDING SECTION 4333 OF THE TUSTIN CITY CODE, PERTAINING TO SOLID WASTE FRANCHISES TO BE SUBMITTED TO THE VOTERS IN CONJUNCTION WITH THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 7, 2006; AND AMENDING RESOLUTION (1) CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION (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 ELECTION DEPARTMENT TO CANVASS THE ELECTION RETURNS; AND (4) PROVIDING FOR EXPENSES OF THE ELECTION City Council Meeting Minutes July 17, 2006 Page 8 of 12 Council requested for its consideration a draft ordinance that would amend the existing City Code provision that essentially requires Council to award solid waste hauling contracts to the "lowest responsible bidder" without consideration of the level of services to be provided. The proposed ordinance would require the Council to adopt rules and regulations designed to secure the best level of services at the lowest price practicable. This ordinance must be submitted to the voters for approval. If the Council approves the proposed resolution ordering the submission of the proposed initiative ordinance to the voters, Council should also adopt the amended resolution calling for an election November 7,2006. Presentation by City Attorney, Douglas Holland. . Council member Bone - indicated that proposed contract could be for a maximum of 10 years. . Federal Disposal owner Don Shubin - pointed out that proposed language would allow compliance period. Has not reviewed alternative language by City Attorney. . Mayor Davert - supports ballot initiative, has no problem with extension language to allow council to negotiate acceptable terms. . Councilmember Bone - supports language of City Attorney, City has right to extend contract. . City Manager Huston - any extension should be based on standards developed from Consultant's study, Integrated Waste Management Board would not approve of extending current contract. . Council member Amante - requested clarification on specifications and standards needed to meet state requirements that would apply in new contract. . City Manager Huston - consultant would develop new solid waste contract specifications to comply with State guidelines, recommends any extension of contract be based on those guidelines thus requiring current contractor to also abide by them. . Councilmember Bone - when would measure become effective if passed? . City Attorney Holland - measure is effective after council certifies election results, bid process would be December or January. . City Manager Huston - would like to have new specifications in place by Spring 2007. . Councilmember Kawashima - could State board regulate City if not complying with new standards? . City Manager Huston - State could essentially take over program if City does not comply with AB939. . Don Shubin - feels alternative language is acceptable. Suggested adding "waste and recycling services" to initiative. Motion: It was moved by Councilmember Bone to approve Initiative without extension to current contract. Motion died for lack of second. Amended Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem Hagen, to adopt Resolution No. 06-95 with the following modifications: City Council Meeting Minutes July 17, 2006 Page 9 of 12 adding "waste and recycling services" to title of initiative; and addition of the following language to body of ordinance: The City Council in its sole discretion may extend any contract or franchise in existence on the effective date of this Section for a period of up to three years, to accommodate the completion and implementation of the competitive process required in this Section and/or to ensure a seamless transition between providers as may be necessary or desirable, subject to such conditions as the City Council determines are reasonable or appropriate. Motion carried 4-1 (Bone opposed). RESOLUTION NO. 06-95 - A resolution of the City Council of the City of Tustin, California, ordering proposed initiative Ordinance No. 1316, amending Section 4333 of the Tustin City Code, pertaining to Solid Waste and Recycling Franchises, be submitted to the voters in conjunction with the General Municipal Election on November 7,2006 Motion: Adopt Resolution No. 06-96. Motion carried by unanimous consent. RESOLUTION NO. 06-96 - A resolution of the City Council of the City of Tustin, California amending Resolution No. 06-64 (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 Election Department to canvass the election returns; and (4) providing for expenses of the election ITEM CONSIDERED OUT OF ORDER 7. APPROVAL OF A CONSULTANT SERVICES AGREEMENT WITH ECONOMICS, INC. TO PREPARE NEW SOLID WASTE CONTRACT SPECIFICATIONS The City's Solid Waste Franchise Agreement with Federal Disposal Service expires on September 30, 2007 and revised contract documents must be prepared for solicitation of bids this fall. Staff is requesting the City Council approve a Consultant Services Agreement with EcoNomics, Inc for $85,780 to prepare all necessary contract documents. Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem Hagen, to approve a Consultant Services Agreement with EcoNomics, Inc. in the amount of $85,780 to prepare new solid waste contract specifications. Motion carried 5-0 16. CITY COUNCIL - LEGISLATIVE UPDATES Council member Bone recommended Assembly Bill 1368 be opposed, exempts public safety employees presumptive injury claims from last years reform packages, erodes the provisions that were enacted to address rising costs. City Council Meeting Minutes July 17. 2006 Page 10 of 12 Councilmember Bone stated AB2987 continues to be discussed in Sacramento. Motion: Send letter of opposition on AB1368 (Umberg) SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Councilmember Amante: . Thanked Tustin Meadows residents for a wonderful 4th of July parade; . Transportation Corridor Agency - elected Vice Chair of Finance & Operations Committee; budget was adopted at regular meeting; . Served as Master of Ceremonies for Tustin Chamber of Commerce's annual retreat, congratulated Steve Scott and board members; . Tustin's Preservation Conservancy will run Trolley Ride through Old Town Tustin beginning this weekend; . Working with Councilmember Bone lobbying for Measure M monies for local transportation projects including a trolley system around town; and . Will be attending League of Cities meeting next week in Monterrey. Councilmember Kawashima: . Fourth of July event at Tustin High School a big success. Councilmember Bone: . Water Advisory Council of Orange County & Prado Dam report, Tustin water usage was up; . Attended signing of Memorandum of Understanding event with Army Corp of Engineers at Santa Ana River Flood Protection Agency in Prado Dam; . Southern California Association of Governments (SCAG) Regional Housing Needs Assessment, still trying to develop numbers, another letter was sent to SCAG; . City will receive over $89,000 from Proposition 42, Transportation Congestion Improvement Act funds; . Representing Mayor Davert at California State Workforce Housing Re board event in Burbank and accepting $124,000 check for Library project; and . Complimented staff on great 4th of July fireworks show. Mayor Pro Tern Hagen: . Commented on Minneapolis' downtown with wide sidewalks to attract pedestrians; suggested same for Tustin Legacy; and . Orange County Fire Authority began tiered dispatch, 27% decrease in code 3 calls since implementation. Mayor Davert: . Condolences to former Council member Jeff Thomas and family in the passing of his father James C. Thomas; and City Council Meeting Minutes July 17, 2006 Page 11 of 12 · Sympathy to Bollesen family in passing of JoAnn Bollesen who lived and served in Tustin for over 60 years. ADJOURNMENT - 9:36 P.M. - The next meeting of the City Council is scheduled for August 7, 2006 at 5:00 p.m. for a Special Meeting, at 5:30 p.m. for Closed Session, and 7:00 p.m. for Regular Session in the Council Chamber, 300 Centennial Way, Tustin, California Adjourn in memory of James C. Thomas and JoAnn Bollesen DOUG DAVERT Mayor PAMELA STOKER City Clerk City Council Meeting Minutes July 17, 2006 Page 12 of 12