Loading...
HomeMy WebLinkAboutCC MINUTES 2006 11 20 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA NOVEMBER 20, 2006 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Pro Tem Tracy Worley Hagen; Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima Absent: Mayor Doug Davert 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 - 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 Agency Negotiators: Kristi Recchia, Director of Human Resources and Linda Jenson Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Tustin Police Management Association (TPMA) City Council Meeting Minutes November 20, 2006 Page 1 of 9 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 Absent: Mayor Doug Davert City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney 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 Waite, and Lynn read letters written by Jerry Amante to Tustin Area Council for Fine Arts (TACFA), Tustin American Legion Post, and Rotary Club of Tustin respectively, concerning partisan activity of the Boards. · Paula McGee commended Billy Hall's heroic efforts. · Kelly Poissant spoke on the Pasadena Avenue Water Well drilling. · Denise Menard, admonished some Council members on their lack of civility after the election and urged them to concentrate on important issues. · Mayor Pro Tem Hagen thanked the Rotary Club of Tustin, TACFA, and Tustin American Legion Post for their advocacy efforts. · Councilmember Kawashima noted that democratic process should serve the common good of the residents. City Council Meeting Minutes November 20, 2006 Page 2 of 9 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 CDBG PROGRAM YEAR 2007-08 The Community Development Department is proposing to amend the 1999-00, 2002-03 and 2005-06 CDBG 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 Council member 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, California, approving amendments to the City's 1999-00, 2002-03, and 2005-06 Community Development Block Grant (CDBG) Program Action Plans by reallocating $65,000 of unused CDBG 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 approximately two months. In lieu of extending this moratorium for one additional year, staff and the City Attorney 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 federal 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 Minutes November 20, 2006 Page 3 of 9 Motion: It was moved by Council member 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 (Davert absent) 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, relating 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 the proposed amendments pertain to signs in the public right of way, including real estate open house signs, political signs, and human signs. Code Amendment 06-005 was scheduled for a public hearing before the Planning Commission on October 23, 2006, which was continued to the November 13, 2006 meeting of the Planning Commission. The public hearing was held on November 13, 2006, and has been continued to November 27, 2006, so that Draft Ordinance No. 1321 could be revised based on input received from the Planning Commission. Applicant: City of Tustin * Councilmember Amante has a potential conflict of interest and will not partake on this matter. Motion: Continue the public hearing to January 2, 2007. Motion carried 4-0 (Davert absent) CONSENT CALENDAR - It was moved by Councilmember Bone, seconded by Council member Kawashima, to approve items 4 through 12. Motion carried 4-0 (Davert absent). 4. APPROVAL OF MINUTES: REGULAR MEETING MINUTES OF NOVEMBER 6, 2006 Motion: Approve the Regular Meeting 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 Meeting Minutes November 20,2006 Page 4 of 9 6. PLANNING ACTION AGENDA - NOVEMBER 13, 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 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 the closure of SR 261 between Walnut 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 of 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 Irvine 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 Abhinav 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 City Council Meeting Minutes November 20, 2006 Page 5 of 9 Award of the contract for Annual Landscape Maintenance Services to Spectrum Care Landscape to provide landscape maintenance services in the City of 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, effective 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 State of California will transfer a portion of land recently acquired for the Red Hill Avenue Widening Project at the City Council Meeting Minutes November 20,2006 Page 6 of 9 1-5 Freeway (CIP No. 7133). The transferred land is on Red Hill Avenue within the access control area of the 1-5 Freeway. 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 (VESTAR/KIMCO 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 Amante, seconded by Councilmember Kawashima, to have second reading by title only and adoption of Ordinance No. 1320. Motion carried 4-0 (Davert absent). Viva voce. 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 City Council Meeting Minutes November 20,2006 Page 7 of 9 14. MISS TUSTIN SCHOLARSHIP FUNDING REQUEST The Miss Tustin Scholarship Pageant is requesting a $2,500 donation from the City Council to support the 2007 pageant. Motion: It was moved by Mayor Pro Tem Hagen, seconded by Council member Amante, to donate $2,500 to the Miss Tustin Scholarship Pageant. Motion carried 3-1 (Bone opposed and Davert absent). 15. CITY COUNCIL - LEGISLATIVE UPDATES Councilmember Bone thanked voting public for defeat of 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 the City Council and Tustin American Legion can continue to work collectively. OTHER BUSINESS / COMMITTEE REPORTS Council member Amante: · Meetings to be held on South Orange County Major Improvement Study by Orange County Transportation Authority; · Congratulated all involved 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; · Congratulated John Abelove on re-election to Tustin Unified School District; · Supports citizen participation, expressed gratitude to Billy Hall and those who serve our country; and · December 4th meeting will be installation of new officers. Council member 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. City Council Meeting Minutes November 20,2006 Page 8 of 9 Mayor Pro Tem Hagen: . Orange County Vector Control Board passed 2% at 55 benefit; continuing with West Nile Virus and Avian Bird Flu updates; . Attended last Orange County Fire Authority meeting, expected significant turnover on Board; . Orange County Fire Authority employs part-time disabled employees from Goodwill Industries and suggested that City look into same; . Tennis courts at sports park need resurfacing; 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 DOUG DAVERT Mayor PAMELA STOKER City Clerk City Council Meeting Minutes November 20,2006 Page 9 of 9