HomeMy WebLinkAbout04 CC ACTION AGENDA
Report to the
Planning Commission
DATE: NOVEMBER 27,2006
SUBJECT: CITY COUNCIL ACTION AGENDA
NOVEMBER 20, 2006
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENTS: CITY COUNCIL ACTION AGENDA
NOVEMBER 20, 2006
ITEM #4
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ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
NOVEMBER 20, 2006
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present:
Mayor Pro Tern Tracy Worley Hagen; Councilmembers Jerry Amante,
Lou Bone, and Tony Kawashima
Mayor Doug Davert
Maria R. Huizar, Chief Deputy City Clerk
William A. Huston, City Manager and Douglas C. Holiand, City Attorney
Absent:
City Clerk:
Others Present:
PUBLIC INPUT - None
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9(c) - one case
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
government Code Section 54956.9(a) - AAE
C. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION pursuant to
government Code Section 54956.9
. City of Newport Beach and City of Tustin v, City of Irvine (2323 Main Street)
D. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Aaencv Neaotiators:
Kristi Recchia, Director of Human Resources and
Linda Jenson
Emplovee Oraanization:
Empiovee Oraanization:
Emplovee Oraanization:
Emplovee OrQanization:
Tustin Municipal Employees Association (TMEA)
Tustin Police Officers Association (TPOA)
Tustin Police Support Service Association (TPSSA)
Tustin Police Management Association (TPMA)
November 20, 2006
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City Council Meeting
Action Agenda
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 - 7:00 p.m.
PLEDGE OF ALLEGIANCE- Mayor Pro Tem Hagen
INVOCATION - Father Anh Nguyen, St. Cecilia's Church
ROLL CALL
Present:
Mayor Pro Tem Tracy Worley Hagen; Councilmembers Jerry Amante,
Lou Bone, and Tony Kawashima
Mayor Doug Davert
Pamela Stoker
William A. Huston, City Manager and Douglas C. Holland, City Attorney
Absent:
City Clerk:
Others Present:
CLOSED SESSION REPORT - nothing to report
PRESENTATION by Historic Resource Committee to Jerry Montgomery at 160 S. Pacific
Street for Outstanding Old Town Property
FIRST PUBLIC INPUT
. Audrey Swearengen, Judy Date, and Lynn read letters wrrtten by Jerry Amante to Tustin
Area of Fine Arts (TAFA), Tustin American Legion Post, and Rotary respectively
concerning partisan activity of the Boards.
. Paula McGee, commended Billy Hall's heroic efforts.
. Kelly Poissant, spoke on the Pasadena Water Well drilling.
. Denise Menard, admonished some Council members on their lack of civility aller the
election and urged them to concentrate on important issues.
. Mayor Pro Tem Hagen thanked the Rotary, TAFA, and Tustin American Legion for their
advocacy efforts.
. Councilmernber Kawashima noted that democratic process should serve the common
good of the residents.
City Council Meeting
Action Agenda
November 20, 2006
Page2of9
PUBLIC HEARINGS
1. AMENDMENTS TO THE 1999-00, 2002.03, AND 2005-06 ACTION PLANS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND CITIZEN
PARTICIPATION COMMITTEE APPOINTMENTS FOR CDSG PROGRAM
YEAR 2007-08
The Community Development Department is proposing to amend the 1999-00,
2002-03 and 2005-06 COBG Action Plans. The proposed amendments would
reallocate funds from unused funds to fund an Old Town Parking Study.
The public hearing opened at 7:32 p.m. There were no public speakers and the
hearing closed at 7:33 p.m.
Motion:
1.a. It was moved by Councilmember Amante, seconded by Councilmember
Bone, to; adopt resolution. Motion carried 4-0 (Davert absent).
RESOLUTION NO. 06-124 - A resolution of the City Council of the City of
Tustin, Caiifomia, approving amendments to the Crty's 1999-00, 2002-03,
and 2005-06 Community Development Block Grant (CDBG) Program
Action Plans by reallocating $65,000 of unused COSG Funds towards an
Old Town Parking Study and authorizing submission of the amendment to
the Federal Department of Housing and Urban Development
1.b Continue consideration of appointment of two at-large representatives for
the 2007-08 Citizen Participation Committee to the next regularly
scheduled Council meeting.
2. CODE AMENDMENT 06-007 - AN ORDINANCE REGARDING CONSISTENCY
OF ANY USE, ENTITLEMENT, AUTHORIZATION, LICENSE, OR PERMIT
WITH APPLICABLE STATE AND FEDERAL LAWS (ORDINANCE NO. 1322)
The City Council previously adopted interim urgency ordinances prohibiting the
establishment of medical marijuana dispensaries. The second interim urgency
ordinance will expire in approximateiy two months. In lieu of extending this
moratorium for one additional year, staff and the City Allorney are proposing the
City adopt an ordinance that will expressly provide that any use proposed for any
district in the City must be consistent with federai and state law. This prohibition
would extend to medical marijuana dispensaries since such uses are
inconsistent with federal law. At its meeting of November 13, 2006, the Planning
Commission recommended approval of Ordinance No. 1322.
The public hearing opened at 7:34 p.m. There were no public speakers and the
hearing closed at 7:34 p.m.
City Council Meeting November20,2006
AClionAgenda Page3of9
Motion: It was moved by Councilmember Bone, seconded by Council member
Amante, to introduce and have first reading of Ordinance No. 1322 and set for
second reading at the Council's next scheduled meeting. Motion carried 4-0
(Davertabsent)
ORDINANCE NO. 1322 - An ordinance of the City of Tustin, California,
adding Subsection d to Section 9270 and Subsection f to Section 9298 of
the Tustin City Code, reiating to the establishment of prohibited uses in all
zoning districts
3. CODE AMENDMENT 06-005 (CITY'S SIGN CODE ORDINANCE)
Code Amendment 06-005 consists of proposed amendments to the City's Sign
Code. Most of Ihe proposed amendments pertain 10 signs in the public right of
way, including real estate open house signs, polilical signs, and human signs.
Code Amendment 06-005 was scheduled for a public ,hearing before the
Planning Commission on October 23, 2006, which was contfnued to the
November 13, 2006 meeting of the Planning Commission. The public hearing
was held on November 13, 2006, and has been continued 10 November 27,
2006, so that Draft Ordinance No. 1321 couid be revised based on input
received from the Planning Commission.
Applicant: City of Tustin
. Councilmember Amante has a potential conflict of interest and wiil not partake
on this matter.
Motion: Continue the public hearing to January 2, 2007. Motion carried 4-0
(Davertabsent)
CONSENT CALENDAR - il was moved by Councilmember Bone, seconded by
Councilmember Kawashima, to approve items 4 through 12. Motion carried 4-0 (Daver!
absent).
4. APPROVAL OF MINUTES: REGULAR MEETING MINUTES OF NOVEMBER 6,
2006
Motion: Approve the Regular Meeling Minutes of November 6, 2006.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $522,604.43; $2,475,385.18;
Reversals in the amount of $5,429.22; and Payroll in the amount of $577,002.69.
City Council Mooting
Action Agenda
November 20. 2006
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6. PLANNING ACTION AGENDA - NOVEMBER 13, 2006
All actions of the Planning Commission become final unlass appealed by the City
Councilor member of the public.
Motion: Ratify the Planning Commission Action Agenda of November 13, 2006.
7. AUTHORIZING THE TEMPORARY CLOSURE AND REROUTING OF TRAFFIC
ONTO AND OVER JAMBOREE ROAD AND PORTOLA PARKWAY FOR THE
ORANGE COUNTY MARATHON
The State of California has approved the conducting of the Orange County
Marathon on January 7, 2007, requiring tha closure of SR 261 between Wainut
Avenue and Portola Parkway. The City Council is requested to authorize the
temporary closure and adopt Resolution 06.126.
Motion: Adopt resolution.
RESOLUTION NO. 06-126 - A resolution of the City Council of the City 01
Tustin, authorizing the temporary closure and re-routing of traffic onto and
over Jamboree Road and Portola Parkway on January 7, 2007 between
6:00 a.m. and 12:00 p.m.
8. CONSIDERATION OF CLAIM OF MERCURY INSURANCE AS SUBROGEE
FOR ABHINAV AGARWAL, CLAIM NO. 06-32
The Claimant reported that while traveling northbound on Browning Avenue at
Ilvine Blvd., their insured's vehicle dragged on the ground due to the higher road
elevation across the intersection, The cost for labor and parts to repair the
damages underneath the insured vehicle was $1 ,791.14.
Staff and the City's Claims Administrator have determined that the area where
the damage occurred to the Claimant/Insured's vehicle is in the jurisdiction of the
County of Orange. The recommendation is to refer the Claimant to the County of
Orange and to deny the claim at this time.
Motion: Deny Claim Number 06-32, Mercury Insurance for Abhlnav Agarwal,
and direct Staff to send notice thereof to the Claimant.
9. AWARD OF CONTRACT FOR ANNUAL LANDSCAPE MAINTENANCE
SERVICES FOR ASSESSMENT DISTRICT AREAS FROM JANUARY 1, 2007
THROUGH JUNE 30, 2007 WITH THE OPTION OF THREE ONE-YEAR
EXTENSIONS
Award of the contract for Annual Landscape Maintenance Services to Spectrum
Care Landscape to provide landscape maintenance services in the City of
City Council Meeting
Action Agenda
November 20, 2006
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Tustin's Assessment District Areas. The contract will provide for all daily and
periodic landscape maintenance service needs for the remaining SiX (6) months
of Fiscal Year 2006-2007, with the option of three one-year extensions through
June 30, 2010.
Motion:
9.a. Award the subject contract to Spectrum Care Landscape in the amount of
$162,078 and authorize the Mayor and the City Clerk to execute the
contract documents on behalf of the City; and
9.b. Authorize staff to issue a 30-day Notice of Cancellation to the current
contract with TruGreen LandCare, effective January 1, 2007.
10. AWARD OF CONTRACT FOR ANNUAL LANDSCAPE MAINTENANCE
SERVICES FOR GENERAL FUND AREAS FROM JANUARY 1, 2007
THROUGH JUNE 30, 2007 WITH THE OPTION OF THREE ONE-YEAR
EXTENSIONS
Award of the contract for Annual Landscape Maintenance Services to Spectrum
Care Landscape to provide landscape maintenance services in the City of
Tustin's General Fund Areas. The contract will provide for all daily and periodic
landscape maintenance service needs for the remaining six (6) months of Fiscal
Year 2006-2007 with the option of three one-year extensions through June 30,
2010.
Motion:
10.a. Award the subject contract to Spectrum Care Landscape in the amount of
$152,658 and authorize the Mayor and the City Clerk to execute the
contract documents on behalf of the City.
10.b. Authorize staff to issue a 30-day Notice of Cancellation to the current
contract with TruGreen LandCare, affective January 1, 2007.
10.c. Authorize a new budget appropriation of $50,000 to cover the increased
contract cost from unappropriated funds in the General Fund.
11, APPROVAL OF GRANT DEEDS TO THE STATE OF CALIFORNIA IN
CONJUNCTION WITH THE RED HILL AVENUE WIDENING PROJECT AT THE
1-5 FREEWAY (CIP NO. 7133)
The Grant Deeds from the City of Tustin to the Slate of California will transfer a
portion of land recently acquired for the Red Hill Avenue Widening Project at the
1-5 Freeway (CIP No. 7133). The transferred land is on Red Hill Avenue within
the access control area of the 1-5 Freeway.
City Council Meeting
Action Agenda
Novemoor20,2006
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Motion: Approve Grant Deeds 102318, 102319, and 102320 granting certain
real property to the State of California and authorize the Mayor and City Clerk to
execute the Grand Deeds on behalf of the City.
12. AMENDMENT NO.1 TO CONSULTANT SERVICES AGREEMENT WITH
JACOBS CIVil, INC. FOR CONSTRUCTION OVERSIGHT AND INSPECTION
SERVICES FOR PHASES II, III, AND IV OF THE DISTRICT (VESTARlKIMCO
TUSTIN) OFF-SITE BACKBONE INFRASTRUCTURE AT TUSTIN lEGACY
Motion:
12.a. Approve Amendment NO.1 to Consultant Services Agreement with
Jacobs Civil, Inc. to provide construction oversight and inspection services
for construction of Phases II, III, and IV of The District Off-Site Backbone
Infrastructure at Tustin legacy, and authorize the Mayor and City ClerK to
execute the Amendment on behalf of the City; and
12.b. Appropriate $93,000 from the Tustin legacy Redevelopment Agency
Fund to CIP No. 7169 (The District at Tustin Legacy) for the construction
oversight services on these projects.
REGULAR BUSINESS ITEMS
13. INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING
Senate Bill 1818 and 435 were enacted in 2004 and 2005, respectively,
providing amendments to the State's Density Bonus law. Proposed Ordinance
No. 1320 would update the City's current Incentives for the Development of
Affordable Housing Ordinance to comply with the State's latest amendment to
Government Code Section 65915. On October 23, 2006, the Planning
Commission adopted Resolution No. 4042 recommending that the City Council
adopt Ordinance No. 1320.
Motion: : It was moved by Council member Amanta, seconded by Counciimember
Kawashima, to have second reading by titie only and adoption of Ordinance No.
1320. Motion carried 4-0 (Davart absent),
ORDINANCE NO. 1320 - An ordinance of the City Council of the City of
Tustin, California, amending Article 9, Chapter I, governing incentives for
the development of affordable housing
14. MISS TUSTIN SCHOLARSHIP FUNDING REQUEST
The Miss Tustin Scholarship Pageant is requesting a $2,500 donation from the
City Council Meeting
Action Agenda
November 20, 2006
Page 7 019
City Council to support the 2007 pageant.
Motion: it was moved by Mayor Pro Tern Hagen, seconded by Councilmember
Amante, to donate $2,500 to the Miss Tustin Scholarship Pageant. Motion
carried 3-1 (Bone Opposed and Davert absent).
15. CITY CQUNCIL- LEGISLATIVE UPDATES
Sone thanked voting public for defeat 01 Proposition 90,
SECOND PUBLIC INPUT - Billy Hall clarified that his political activity is personally motivated
and not necessarily representative of the groups he is affiliated with; hopes that that City
Councii and Tustin American Legion can continue to work collectively.
OTHER BUSINESS I COMMITTEE REPORTS
Council member Amante:
. Meetings to be held on South Orange County Major Improvement Study by Orange
County Transportation Authority;
. Congratulated all invofved on successful Mayor's Prayer Breakfast last week; and
. Commented on testimony received from several residents, his letters were a personal
reflection, not council's view, welcomes all comments from the public.
Councilmember Kawashima:
. Announced new library will include WiFi system;
. Proud supporter of Miss Tustin Pageant and thanked Miss Tustin for hard work;
. Congratuiated John Abelove on ra-election to Tustin Unified School District;
. Supports citizen participation, expressed gratitude to Billy Hall and those who serve our
country; and
. December 4111 meeting will be installation of new officers.
Councllmember Bone:
. Congratulated Councilmember Amante on election to Orange County Transportation
Authority Board;
. Selected to serve on Advocacy Committee for the 3rd District;
. Street Fair Committee will be meeting soon and asked those interested in serving to
contact the Parks and Recreation Director;
. Audit Committee selected Larry Friend as Chair and Gregory Moore as Vice Chair;
. Metrolink Board report, highest level of rider-ship in October; and
. Attended Holiday Toy Express Train event last night.
Mayor Pro Tern Hagen:
. Orange County Vector Control Board passed 2% at 55 benefit; continuing with West Nile
City Council Meeting
Action Agenda
November20,2G06
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Virus and Avian Bird Flu updates;
. Attended last Orange County Fire Authority meeting, expected significant turnover on
Board;
. Orange County Fire Authority employs part-lime disabled employees from Goodwill
Industries and suggested that City look into same;
. Tennis courts at sports park need resurlacing; and
. Remarked on Council member Amante's comments, agrees everyone has right to speak
and has never cut short speakers at the podium despite red light warning, her comments
are reflection of what she believes and in her opinion letters sent appear to be retaliatory.
ADJOURNMENT - 7:58 p.m. - The next regular meeting of the City Council is scheduled for
December 4, 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
Action Agenda
November 20. 2006
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ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVEL.OPMENT AGENCY
TUSTIN, CALIFORNIA
NOVEMBER 20, 2006
CAL.L TO ORDER
7:58p,m.
ATTENDANCE
Present:
Chair Pro Tem Tracy Woriey Hagen; Agency Members Jerry
Amante, Lou Bone, and Tony Kawashima
Chair Doug Davert
Pamela Stoker
William A. Huston, Executive Director and Douglas C. Holland,
City Attorney
Absent:
ReCOrding Secretary:
Others Present:
PUBLIC INPUT - None
REGULAR BUSINESS - It was moved by Agency Member Bone, seconded by Agency
Member Kawashima, to approve the Redevelopment Agency Item 1 as recommended by
staff. Motion carried 4-0 (Davert absent).
1. APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER 6, 2006
Motion: Approve the Redevelopment Agency Minutes of November 6, 2006.
ADJOURNMENT - 7:59 P.M. - Next regular meeting scheduled for December 4,2006 at
7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California
Community Redevelopment Agency Meeting
Action Agenda
November20,2000
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