HomeMy WebLinkAbout02 10-16-06 MINUTES 11-06-06Agenda Item
Reviewed:
City Manager
Finance Director
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
OCTOBER 16, 2006
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present: Mayor Doug Davert; Mayor Pro Tern Tracy Worley Hagen;
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 LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to
Government Code Section 54956.9 - Consolidated Case of Helene Strayer v. City
and Jeri Yassai v. City
B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to
Government Code Section 54956.9 (1 case)
C. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Agency Negotiators:
Kristi Recchia, Director of Human Resources and
Linda Jenson
Emplovee Organization:
Emplovee Oraanization:
Emplovee Oraanization:
Emplovee Oraanization:
Tustin Municipal Employees Association (TMEA)
Tustin Police Officers Association (TPOA)
Tustin Police Support Service Association (TPSSA)
Tustin Police Management Association (TPMA)
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.
City Council Meeting
Minutes
October 16, 2006
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REGULAR MEETING
CALL TO ORDER - 7:00 p.m.
INVOCATION - Councilmember Lou Bone
COLOR PRESENTATION AND PLEDGE OF ALLEGIANCE - St. Jeanne de Lestonnac
Troop 804
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
CLOSED SESSION REPORT - Nothing to report
PRESENTATIONS
. Bruce Junor of Knights of Columbus presentation on Blood Drive at St. Cecilia's Church
. Sheldon Pines of TCA presentation on Marketing Program
FIRST PUBLIC INPUT
Bill Pevehouse, announced that Dino Dash event will be held on November 5, 2006.
Frank Lindquist and Chuck Murphy spoke on mobile home parks and rent control.
CONSENT CALENDAR - Item No.8 was pulled by Councilmember Bone. It was moved by
Councilmember Amante, seconded by Mayor Pro Tern Hagen, to approve items 1 through 7
and 9 through 10. Motion carried 5-0.
1. APPROVAL OF MINUTES: REGULAR MEETING MINUTES OF OCTOBER 2,
2006
Motion: Approve the Regular Meeting Minutes of October 2, 2006.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
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Minutes
October 16, 2006
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Motion: Approve Demands in the amounts of $1,772,478.90 and $1,109,336.54;
Pay Immediately in the amount of $720,957.40; and Payroll in the amounts of
$11,790.19 and $575,651.70.
3. 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.
4. CONSIDERATION OF CLAIM OF ROBERTA BARNARD, CLAIM NO. 06-22
Motion: Deny Claim Number 06-22, Roberta Barnard, and direct staff to send
notice thereof to the Claimant.
5. APPROVAL OF PIPELINE LICENSE NO. 05-29690 BETWEEN THE CITY OF
TUSTIN AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY FOR THE EDINGER AVENUE WIDENING PROJECT (CIP NO.
7147)
Motion: Approve Pipeline License No. 05-29690 between the City of Tustin and
the Burlington Northern and Santa Fe Railway Company (BNSF) for the
construction and maintenance of a traffic signal interconnect facility across the
BNSF right-of-way on Edinger Avenue and authorize the Mayor and City Clerk to
execute the Pipeline License on behalf of the City.
6. AWARD OF CONTRACT FOR BUILDINGS DEMOLITION FOR FUTURE NEW
TUSTIN LIBRARY (CIP NO. 1045)
Bids for the Buildings Demolition for Future New Tustin Library (CIP No. 1045)
have been received and a construction contract is ready to be awarded.
Motion:
6.a. Deny the bid protests submitted by Miller Environmental, Inc. and U.S.
Construction, Inc.;
6.b. Award the construction contract for the Buildings Demolition for Future
New Tustin Library (CIP No. 1045) to Vizion's West, Inc., the lowest
responsible and responsive bidder in the amount of $220,305.00, and
authorize the Mayor and the City Clerk to execute the contract documents
City Council Meeting
Minutes
October 16, 2006
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on behalf of the City.
7. CITY OF TUSTIN RESPONSE TO ORANGE COUNTY SANITATION DISTRICT
NOTICE OF PREPARATION (NOP) OF A PROGRAM ENVIRONMENTAL
IMPACT REPORT (PEIR) FOR PROPOSED ANNEXATIONS AND
IMPROVEMENTS
Proposed annexations to the Orange County Sanitation District's service area and
improvements to its wastewater collection system. The proposed actions
constitute the Service Area Annexation and Collection System Improvement Plan.
None of the proposed annexations are directly adjacent to the City of Tustin.
However, one of the proposed improvement projects is the Browning Subtrunk
Sewer Relief project ("Project"), which would increase the capacity of 7,800 feet
of sewer line beneath Browning Avenue between Rainbow Drive and Mitchell
Avenue. A portion of the sewer line is located in the City of Tustin.
Motion: Authorize staff to forward the draft response letter to the Orange County
Sanitation District.
8. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS
Reports transmit two John Wayne Airport Noise Abatement Quarterly Reports for
the first and second quarters of 2006. The average noise level measured at
monitoring station NMS 10N, located at Columbus Tustin Middle School,
remained relatively the same during the first and second quarters. Average noise
levels during both quarters remained below the City, County, and State criteria of
65 dB Community Noise Equivalent Level (CNEL) for residential uses.
Council member Bone requested a progress report on expansion of the airport
and noise impacts to community.
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Amante, to receive and file reports. Motion carried 5-0.
9. AUTHORIZATION FOR THE STATE TO PURCHASE TWO PICKUP TRUCKS
AND APPROPRIATION OF FUNDS
Approval of Resolution No. 06-122 will authorize the General Services
Department of the State of California to purchase two (2) current model year
pickup trucks on behalf of the City of Tustin for the two (2) new Building Inspector
positions approved in the current adopted budget at a lower cost than the City
can obtain on its own. It also designates the City Manager as the public official
authorized to execute this request on behalf of the City.
Motion: Adopt resolution.
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Minutes
October 16. 2006
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RESOLUTION NO. 06-122 - A resolution of the City Council of the City of
Tustin authorizing the Department of General Services of the State of
California to purchase certain items
10. COST SHARING AGREEMENT WITH CITY OF NEWPORT BEACH FOR
LEGAL SERVICES ASSOCIATED WITH ENVIRONMENTAL CHALLENGES OF
DEVELOPMENT PROJECTS IN THE IRVINE BUSINESS COMPLEX
Motion: Authorize the City Manager to execute a cost sharing agreement with the
City of Newport Beach to share the litigation and advisory costs of the firm of
Remy, Thomas, Moose & Manley in conjunction with challenges that Tustin and
Newport Beach have regarding City of Irvine approvals of development projects in
the Industrial Business Complex.
REGULAR BUSINESS
11. ORDINANCE SECOND READING - GENERAL PLAN AMENDMENT 06-002
AND ZONE CHANGE 06-001: 14092 BROWNING AVENUE (NEW VILLA
VALENCIA MOBILE ESTATES)
Motion: It was moved by Mayor Pro Tern Hagen, seconded by Councilmember
Amante, to have second reading by title only and adoption of Ordinance No.
1318. Motion carried 5-0. (roll call vote)
ORDINANCE NO. 1318 - An ordinance of the City Council of the City of
Tustin, California, adopting Zone Change 06-001 to assign the property
located at 14092 Browning Avenue with the Mobile Home Park Zoning
classification for development of ten additional mobile home pads
12. FLOODPLAIN MANAGEMENT - ORDINANCE NO. 1319
The City of Tustin is a participant in the National Flood Insurance Program
(NFIP). Cities or counties who participate in the NFIP are required to adopt local
floodplain management regulations which are in conformance with the national
model ordinance. Ordinance No. 1319 would amend the applicable sections of
Tustin City Code, Article 9, Chapter 8 Floodplain Management to comply with the
NFIP requirements.
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tern
Hagen, to introduce and have first reading by title only of the following ordinance.
Motion carried 5-0.
ORDINANCE NO. 1319 - An ordinance of the City Council of the City of
Tustin, California, amending specified sections of Article 9, Chapter 8 of
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Minutes
October 16, 2006
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the Tustin City Code related to Floodplain Management to comply with the
National Flood Insurance Program
13. CITY COUNCIL - LEGISLATIVE UPDATES
Councilmember Bone requested report on impacts of SB1627 Telecommunications
bill at future council meeting.
Mayor Pro Tern Hagen indicated Proposition 90, regulating building standards
would negatively impact City and urges residents not to support bill at upcoming
election.
SECOND PUBLIC INPUT
. Billy C. Hall clarified that he recently attended a rally in which he supports preservation of
the North Hanger at MCAS Tustin for veteran purposes.
. Audrey Swearengen requested support of rent stabilization.
. Goldie Nannes, Senior Advisory Council of Orange County requested California's Senior
legislature propose rent stabilization for mobile homes statewide.
. Michael G. Glover, introduced self as 70th Assembly District Candidate.
OTHER BUSINESS I COMMITTEE REPORTS
Council member Kawashima:
. Literary Orange Project will take place on April 2'1, 2007 and invited all to participate in
fundraiser;
. Library board approved minor repairs and improvements for several libraries in County;
. Calisphere project is digitalizing historical pictures of California on their website, suggested
Tustin Historical Society work with library to do the same; and
. Tustin Area Senior Center is having book drive, donations of books welcomed.
Councilmember Amante:
. Attended exciting ground breaking at Tustin Legacy;
. Tustin Tiller Days event great success;
. Transportation Corridor Agency reviewing financing options for road improvements and
increased lawsuits; and
. Clarified election practices, campaign contributions and purpose for democracy.
Councilmember Bone:
. California State Task Force on illegal immigration held forum in Tustin last week;
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Minutes
October 16, 2006
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. Southern California Association of Governments (SCAG) Maglev committee, cause of train
accident in Germany was human error;
. SCAG update on support of propositions and briefed on RENA funding; and
. Water Advisory Council of Orange County report, water usage in Tustin was on the rise.
Mayor Pro Tem Hagen:
. Recent Hawaii earthquake is a reminder to all that we should be prepared with emergency
supplies;
. Tiller Days was a great success and thanked everyone for hard work; and
. Welcomed Tustin News reporter George Stewart back after illness.
Mayor Davert:
. Orange County Sanitation District is working on streamlining board and agency.
ADJOURNMENT - 7:44 p.m. - The next regular meeting of the City Council is scheduled for
November 6, 2006 at 5:30 p.m. for Closed Session and 7:00 p.m. for the Regular Meeting in
the Council Chamber, 300 Centennial Way, Tustin, California
City Council Meeting
Minutes
October 16, 2006
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