HomeMy WebLinkAbout06 MINUTES 09-05-06
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
AUGUST 7, 2006
CALL TO ORDER - 5:00 P.M.
ATTENDANCE
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
PUBLIC INPUT - None
1. INTERVIEW AND APPOINTMENT TO THE PLANNING COMMISSION
The City Council conducted interviews and appointed one (1) member to the
Planning Commission to fill an unexpired term that will expire on March 1, 2007.
Applicants were: Steve Kozak; Robert "Bob" Schoenburg; Gary Drake
Ballots were cast by Council to fill one unexpired term on the Planning Commission.
Pamela Stoker, City Clerk, reported the ballot tally as follows:
Amante:
Bone:
Davert:
Hagen:
Kawashima:
Kozak
Kozak
Kozak
Kozak
Kozak
Motion: Appoint Steve Kozak to the Planning Commission for term expiring March 1,
2007. Motion carried by unanimous consent.
ADJOURNMENT - 5:16 p.m. - Adjourn meeting to 7:00 p.m. for the Regular Meeting of the
City Council.
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Minutes
August 7, 2006
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MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
AUGUST 7, 2006
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen;
Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: William A. Huston, City Manager and Douglas C. Holland, City
Attorney
PUBLIC INPUT - None
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a)
. ME vs. City of Tustin
. 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.
REGULAR MEETING
CALL TO ORDER - 7:01 p.m.
INVOCATION - Father John Block, SI. Cecilia's Church
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Minutes
August7,2006
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PLEDGE OF ALLEGIANCE - Mayor Davert
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.
PRESENTATIONS
· Presentations by Orange County Transportation Authority (OCTA) Boardmember Carolyn
Cavecche on:
· Announced that Metrolink would be offering free rider ship out of the Tustin Station on
August 27,2006
· Resolution presented to Council member Amante for his participation in the Orange
County League's Super M Committee
FIRST PUBLIC INPUT
· Samii Taylor Yakovetic, representing Neighborhood Friends regarding affordable housing;
· Joseph Yakovetic, requested City assistance in maintaining affordable housing;
· Audrey Swearengen, requested Council and City assistance in establishing rent
stabilization;
· Billy C. Hall, informed Council that San Juan Capistrano has rent stabilization and had great
success at low cost to City and residents;
· Judy Waight, asked for rent stabilization in mobile home parks;
· Helen Ward, thanked Mayor and Redevelopment Manager John Buchanan for help with her
Master's Thesis on MCAS Base;
. Doug Chapman, requested a change in policy regarding backfilling of water meter boxes.
PUBLIC HEARING
1. CODE AMENDMENT 06-003 RELATED TO LOT LINE ADJUSTMENTS
Over the past several years, the State's SubdiVision Map Act has undergone
several minor revisions. Although the City's Subdivision Ordinance can be more
restrictive than the State's Subdivision Act, Code Amendment 06-003 would bring
the City's Subdivision Code related to the processing of Lot Line Adjustments to
be consistent with the provisions of the State's Subdivision Map Act. The proposed
amendments would: 1) limit the number of lots included in a Lot Line Adjustment to
no more than four (4) existing adjoining parcels; and, 2) allow a Lot Line
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August7,2006
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Adjustment to reduce but not increase the number of parcels.
On July 24, 2006, the Planning Commission adopted Resolution No. 4030,
recommending that the City Council approve Code Amendment 06-003 to amend
the Tustin City Code related to Lot Line Adjustments.
Applicant: City of Tustin Community Development Department
The public hearing opened at 7:24 p.m. There were no public speakers and the
hearing closed at 7:25 p.m.
Motion: It was moved by Mayor Pro Tem Hagen, seconded by Councilmember
Kawasima, to introduce and have first reading by title only of the following ordinance:
ORDINANCE NO. 1314 - An ordinance of the City Council of the City of
Tustin, California, approving Code Amendment 06-003 amending Tustin
City Code Section 9322 relating to Lot Line Adjustment Regulations
Motion carried 5-0.
CONSENT CALENDAR - Mayor Davert pulled items 11 and 12, and Council member Amante
pulled item 13 for separate discussion. It was moved by Council member Bone, seconded by
Mayor Pro Tem Hagen, to approve items 2 through 10 and 14 through 20. Motion carried 5-
0.
2. APPROVAL OF MINUTES -REGULAR MEETING MINUTES OF JULY 17, 2006
Motion: Approve the Regular Meeting Minutes of July 17, 2006.
3. CANCELLATION OF AUGUST 21,2006 CITY COUNCIL AND REDEVELOPMENT
AGENCY MEETINGS
Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly
scheduled Council and Redevelopment Agency meetings of August 21, 2006 and
that the City Council hereby waive notice of said meetings as required by the
government code.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $3,795,557.62; $2,315,169.61; and
$2,926,258.95; and Payroll in the amount of $591,691.56.
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August 7, 2006
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5. CONSIDERATION OF CLAIM OF MOHAMMAD MOSTAHKAMI, CLAIM NO.
06-19
Motion: That the City Council deny Claim Number 06-19, Mohammad
Mostahkami, and direct Staff to send notice thereof to the Claimant.
6. WORKING CAPITAL LOAN AND ADMINISTRATIVE SERVICES AGREEMENT
BETWEEN THE CITY OF TUSTIN AND THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY
The approval of this loan and administrative seNices agreement between the City
of Tustin and the Tustin Community Redevelopment Agency will comply with
Section 33675 of the California Health and Safety Code regarding the allocation
and payment of tax increment to Redevelopment Agencies, and provide the
resources necessary to carry out the adopted programs in the Agency's three
project areas.
Motion:
6.a. Extend the existing loan of $3,000,000 to the South Central Project Area to
August 31,2007;
6.b. Extend the existing loan to the MCAS Tustin Project Area of $5,000,000 to
August31,2007;and
6.c. Authorize the Mayor and the Chairperson of the Agency to execute the
attached agreement for 2006-2007, offering and accepting a loan and
various seNices from the City to the Agency totaling approximately
$8,684,000 for Fiscal Year 2006-2007.
7. ANIMAL CARE SERVICES AGREEMENT FOR FISCAL YEAR 2006-2007
Motion: Authorize the Mayor to sign the Animal Care SeNices agreement with the
Orange County Health Care Agency for Fiscal Year 2006-2007.
8. PLANNING ACTION AGENDA - JULY 24, 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 July 24, 2006.
9. FINAL PARCEL MAP 2005-240: 2552 WALNUT AVENUE
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August7,2006
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Final Parcel Map 2004-240 is a request to subdivide an existing parcel to create a
condominium office building for eleven (11) suites within an existing two-story
office building. The project site is 2.176 acres in area and is located at the
southwest corner of Walnut Avenue and Franklin Avenue within the Irvine
Industrial Complex and the City's Planned Community Industrial (PC-IND) zoning
district (Attachment A - location Map). The site is developed with a 33,669 square
foot two-story office building. Plans for interior and minor exterior modifications to
the existing building have been approved and the improvements are currently
under construction.
Applicant: Pacific Pointe Partners, LLC
Motion: Adopt resolution.
RESOLUTION NO. 06-97 - A resolution of the City Council of the City of
Tustin approving Final Parcel Map 2005-240 to create a parcel for
condominium purposes and multiple suites within an existing two-story
office building located at 2552 Walnut Avenue
10. FISCAL YEAR 2005 STATE HOMELAND SECURITY GRANT
The County of Orange, acting through its Sheriff-Coroner Department is the lead
agency for the Orange County Operational Area for Homeland Security. Acting in
that capacity, they have applied for, received, and accepted a grant from the State
of California Office of Homeland Security to enhance countywide emergency
preparedness. Terms of the grant require that certain funds, property, or
equipment purchased with grant funds be transferred to jurisdictions within the
operational area. The City of Tustin, as a part of the operational area, is entitled to
participate in the grant.
The Police Department proposes to use the FY05 State Homeland Security Grant
to purchase items specified in the grant to enhance the city's emergency
preparedness.
Motion:
10.a. Authorize transfer from the County of Orange to the City of Tustin the
following equipment, technology or services: MIR3 Automated notification
system; Web EOC, IMAP; OC Bomb Squad Enhancements; establishment
of Regional Response Teams; enhance the Terrorism Early Warning
System; assess vulnerabilities and harden targets; establish citizen
emergency preparedness training; Terrorism Liaison Officers equipment
and salary reimbursement; Citizen Corp equipment funds; and integration of
NIMS into SEMS; and
10.b. Authorize the Chief of Police to sign any grant related paperwork on behalf
of the City.
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August7,2006
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11. POLICE DEPARTMENT VEHICLE PURCHASES
Mayor Davert was glad to see safer, more efficient vehicles in the department.
Motion: It was moved by Mayor Davert, seconded by Councilmember Amante, to
approve the purchase of:
11.a. Nine (9) 2006 Dodge Charger police vehicles from Moss Brothers Dodge in
Riverside, California in the amount of $213,431.49 (including tax and
license);
11.b. One (1) 2006 Dodge Durango police vehicle from the CMAS state contract
through Lasher Dodge in Sacramento, California in the amount of
$23,808.26 (including tax and license); and
11.c. Police equipment conversion packages for the conversion of nine (9) 2006
Dodge Charger police vehicles and one (1) 2006 Dodge Durango police
vehicle from Northstar Graphics in Downey, California in the amount of
$7,133.81 per conversion, for a total cost of $71 ,338.10.
Motion carried 5-0.
12. CANINE SALES AGREEMENT (ELKO)
Councilmember Amante spoke briefly about the invaluable service the Police
canines provide and requested Certificate of Recognition for the program at a
future meeting.
Motion: It was moved by Council member Amante, seconded by Mayor Pro Tern
Hagen, to approve the Sales Agreement between the City of Tustin and Officer
Shonn Rojas releasing the City of responsibility and/or liability concerning Police
canine, Elko. Motion carried 5-0.
13. REQUEST FOR AUTHORIZATION FOR CAPITAL EXPENDITURE CANINE
The Tustin Police Department's Canine Unit consists of two Police Service Dogs
and two handlers. Recently one of our Police Service Dogs, Elko, was diagnosed
with a medical condition to his spine. After examining Elko, the veterinarian
advised that Elko's injury was severe enough to prevent him from conducting the
"normal" duties of a Police Service Dog and recommend his retirement from active
duty. A new Police Service Dog is needed to bring the Tustin Police Department's
Canine Unit up to full staffing levels. Motion carried 5-0.
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tern
Hagen, to purchase one replacement police dog, related equipment, and
necessary training from Falco Enterprises, Inc., at a total cost of $13,500.
Donated funds will be used for this expense. Motion carried 5-0.
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August 7, 2006
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14. SURPLUS FIREARMS INVENTORY REDUCTION
The Police Department has completed the replacement of the 1990/1991 era Beretta
semi-auto handguns. The retention of these older weapons is not warranted based
upon needs of the agency and facility storage capabilities. The current inventory
includes 97 of the 1990/1991 era Beretta handguns. Of these, eight are being retained
for department use and training. The other 89 are considered surplus and can be sold
to reduce inventory and recover funds for the City at the current market value.
Qualified sworn personnel have expressed a desire to purchase some of the current
surplus weapons, and the vendor from whom we purchased the new handguns this
year has stated it will purchase the remaining surplus guns.
Motion: Authorize the sale and transfer of ownership of 26 surplus handguns
previously issued as duty weapons to qualified sworn personnel per Department of
Justice guidelines with proceeds deposited into the General Fund. Authorize the sale
of 63 surplus Beretta handguns to Proforce Distributors of Brea with proceeds
deposited into the Genera Fund.
15. AMENDMENT NO.1 TO THE CONSULTANT SERVICES AGREEMENT WITH
JACOBS CIVIL, INC. FOR THE NEWPORT AVENUE EXTENSION/SR-55 RAMP
RECONFIGURATION PROJECT (CIP NO. 7130) AND THE EDINGER AVENUE
(SMART STREET) WIDENING PROJECT (CIP NO. 7147 IN THE CITY OF TUSTIN
AND CIP NO. 2585 IN THE CITY OF SANTA ANA)
Amendment No. 1 modifies Section 12 of the Consultant Services Agreement entitled
"Safety". The section, as written, requires the Construction Manager to provide safety
management services for the project, when normally it is the responsibility of the
contractor. Amendment No.1 modifies Section 12 such that the Construction Manager
is only responsible for safety management services for its own employees and to
review the contractor's safety plan.
Motion: Approve Amendment No. 1 to the Consultant Services Agreement with
Jacobs Civil, Inc. for construction management services for the Newport Avenue
Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and the Edinger
Avenue (Smart Street) Widening Project (CIP No. 7147 in the City of Tustin and CIP
No. 2585 in the City of Santa Ana) and authorize the Mayor and City Clerk to execute
agreement.
16. RESOLUTION DECLARING THE CITY'S INTENTION TO VACATE A PORTION OF
PREBLE DRIVE BETWEEN EAST MAIN STREET AND EAST THIRD STREET, AND
SETTING A TIME AND PLACE FOR THE PUBLIC HEARING
Motion: Adopt resolution.
RESOLUTION NO. 06-73 - A resolution of the City Council of the City of Tustin,
California, declaring its intention to vacate and abandon a portion of Preble
Drive between East Main Street and East Third Street, and to set a time and
place for a public hearing thereon
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August7,2006
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17. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE ANNUAL MAJOR PAVEMENT
MAINTENANCE PROJECT, FY 2005-2006 (CIP NO. 7001), THE ANNUAL
SIDEWALK REPAIR PROJECT, FY 2005-2006 (PROJECT NO. 402-6235), AND
THE WILLIAMS STREET IMPROVEMENT PROJECT (CIP NO. 7187)
Motion:
17.a. Adopt resolution;
RESOLUTION NO. 06-99 - 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 Annual
Major Pavement Maintenance Project, FY 2005-2006 (CIP No. 7001), the
Annual Sidewalk Repair Project, FY 2005-2006 (Project No. 402-6235), and
the Williams Street Improvement Project (CIP No. 7187)
17.b. Authorizing the recordation of the Notice of Completion, and 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
17.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 $62,687.26 to All American Asphalt. The total
final construction contract cost for the project is $626,872.62.
18. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE BUILDINGS DEMOLITION FOR FUTURE
NEW TUSTIN LIBRARY (CIP NO. 1045)
Motion:
18.a. Adopt resolution; and
RESOLUTION NO. 06-62 - A resolution of the City Council of the City of
Tustin, California approving Plans and Specifications for the Buildings
Demolition for future new Tustin Library (CIP No. 1045), and authorizing
advertisement for bids
18.b. Appropriate $3,300,400 from the un-appropriated reserves of the Tustin
Legacy Enterprise Fund to return funds to the Town Center Housing Set-
Aside Funds used to acquire property for the library project.
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August7,2006
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19. AWARD OF CONTRACT FOR CUSTODIAL SERVICES TO DIAMOND
CONTRACT SERVICES, INC.
Motion:
19.a. Award this Custodial Services Contract to Diamond Contract Services, Inc.,
in the amount of $166,634.82 for the period from October 1, 2006 through
June 30, 2007 with the option of three, one-year extensions through June
30,2010; and
19.b. Authorize the Mayor and the City Clerk to execute the contract documents
on behalf of the City.
20. FINAL TRACT MAP 17026 FOR CONVEYANCE PURPOSES (SECTOR "A"
MAP)
Final Tract Map 17026 is a request to subdivide approximately 805.5 acres into
thirty-six (36) parcels for financing and conveyance purposes only within Planning
Areas 7, 8, 9, 10, 11, 12, 13, 14, and 15 of the MCAS Tustin Specific Plan,
generally bounded by Edinger Avenue to the north, Jamboree Road to the east,
Barranca Parkway to the south, and Red Hill Avenue to the west. On July 3, 2006,
City Council approved Tentative Tract Map 17026 by adopting Resolution No. 06-
77
Applicant: Tustin Legacy Community Partners, LLC;
Owners: City of Tustin, Tustin Public Financing Authority, and United States of
America
Motion: Adopt resolution.
RESOLUTION NO. 06-101 - A resolution of the City Council of the City of
Tustin approving Final Tract Map 17026 to subdivide 805.5 acres into thirty-
six (36) lots for conveyance purposes within Planning Areas 7, 8, 9, 10, 11,
12, 13, 14, and 15 of the MCAS Tustin Specific Plan, generally bounded by
Edinger Avenue to the north, Jamboree Road to the east, Barranca
Parkway to the south, and Red Hill Avenue to the west
REGULAR BUSINESS
21. ORDINANCE NO. 1315 SECOND READING: TUSTIN COMMUNITY FACILITIES
DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) FORMING THE
DISTRICT
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Hagen, to have second reading by title only and adoption of Ordinance No. 1315.
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August7,2006
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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 carried 5-0.
22. CITY COUNCIL - LEGISLATIVE UPDATES
Councilmember Bone provided update on AB2987 (Nunez) and HR5252. Author of
AB2987 is running for Mayor of Los Angeles, needs funds contributed by AT& T.
HR5252 had no new information as congress is on vacation.
Mayor Pro Tern Hagen - New bill being proposed to require solar panels on all new
construction, supports the proposal to help save resources.
SECOND PUBLIC INPUT - Susan Moore appealed on the issue of rent assistance.
OTHER BUSINESS I COMMITTEE REPORTS
Council member Amante:
. Recognized Christine Shingleton for Base Redevelopment Leadership Award presented to
her by the Association of Defense Community;
. Enjoyed Tustin Old Town Trolley event held last weekend;
. Along with Mayor Davert and Council member Bone, attended League of Cities Leadership
Conference in Monterey, interfaced with colleagues on similar issues affecting their cities;
. Transportation Corridor Agency extension of Foothill South, lawsuit filed by
environmentalists charging that EIR was flawed; and
. Initial meeting was held on the South Orange County Major Improvement Study.
Councilmember Kawashima:
. Next Council meeting will be held on Tuesday, September 5th; and
. Complimented staff at City's front counters for superior level of customer service.
Council member Bone:
. League of Cities conference recap - attended several seminars, received certificate of
completion for passing mandatory AB1234 training;
. Water Advisory Committee of Orange County report - Tustin's year-end water usage was up
compared to last year; opposed Proposition 84 as majority of funds would go to Northern
California; presentation by State Energy Commission on water concerns; and
. Received check for $124,000 from the Department of Housing & Community Development
which will be used for the library project.
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August 7, 2006
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Mayor Pro Tem Hagen:
. Reported that the City of Irvine will be building over 9,000 units, mostly high rises, on
Jamboree Road increasing traffic congestion;
. Electricity bill doubled, would look into rebates and solar panels to alleviate rising costs;
. Interested in exploring rent stabilization for seniors living in mobile home parks; and
. Too many unsightly 'No Parking' signs on new development at Tustin Legacy.
Mayor Davert:
. League of Cities Conference was not well attended due to a poor program;
. Tustin Area Council for Fine Arts Broadway in the Park production of Oklahoma at
Peppertree park August 22nd through the 26th;
. Receiving citizen complaints on parking, would like to address on-street parking in future;
. Police Department will have promotion of 3 new sergeants on August 21St,
. Reorganizing of Police Department to community governance will start on August 21st; and
. Stated he would not support rent control in the City.
ADJOURNMENT - 7:52 p.m. - The next regular meeting of the City Council is scheduled for
Tuesday, September 5, 2006 in the Council Chamber, 300 Centennial Way, Tustin, California
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August7,2006
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MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
AUGUST 22, 2006
CALL TO ORDER - 5:30 p.m.
ATTENDANCE
Present: Mayor Doug Davert, Councilmembers Jerry Amante, Lou Bone,
and Tony Kawashima
Absent: Mayor Pro Tem Tracy Worley Hagen
City Clerk: Marcia Brown, Administrative Secretary
Others Present: William A. Huston, City Manager and Douglas C. Holland, City
Attorney
PUBLIC INPUT - None
CLOSED SESSION ITEM
1. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant
to Governrnent Code Section 54956.9 (c), because City is considering whether to
initiate litigation in 1 case.
CLOSED SESSION REPORT: - City Attorney reported that City Council gave direction
to City Attorney to initiate litigation in the action, defendants, respondents and other
particulars will be disclosed once the action is commenced.
ADJOURNMENT - 6:01 P.M. - The next regular meeting of the City Council is
scheduled for Tuesday, September 5, 2006, at 7:00 p.m. in the Council Chamber at 300
Centennial Way.
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August22,2006
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