HomeMy WebLinkAbout06 CC Action Agendas
Report to the
Planning Commission
DATE:
JANUARY 8, 2007
SUBJECT:
CITY COUNCIL ACTION AGENDAS
DECEMBER 4, 2006, AND JANUARY 2, 2007
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT: CITY COUNCIL ACTION AGENDAS
DECEMBER 4, 2006, AND JANUARY 2, 2007
ITEM #6
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ACTION AGENDA
OF THE SPECIAL MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
DECEMBER 4, 2006
CALL TO ORDER - 5:31 p.m.
ATTENDANCE
Present:
Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen;
Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima
None
Pamela Stoker
William A. Huston, City Manager and Douglas C. Holland, City
Attorney
Absent:
City Clerk:
Others Present:
PUBLIC INPUT - None
1. DECLARING RESULTS OF NOVEMBER 7, 2006 GENERAL MUNICIPAL
ELECTION
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Amante, to adopt resolution. Motion carried 4-1 (Hagen opposed).
RESOLUTION NO. 06-129 - A resolution of the City Council of the City of
Tustin, California, declaring the results of the General Municipal Election held
on November 7, 2006, and other such matters as provided by law
OATH OF OFFICE - Administered Oaths of Office to Doug Davert and Jim Palmer by City
Clerk Pamela Stoker
ADJOURNED - 5:35 P.M.
City Council Special Meeting
Action Agenda
December 4, 2006
Page 1 of 1
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
DECEMBER 4, 2006
CALL TO ORDER - 5:35 P.M.
ATTENDANCE
Present:
Mayor Doug Davert; Councilmembers Jerry Amante, Lou Bone, Tony
Kawashima, and Jim Palmer
None
Pamela Stoker
William A. Huston, City Manager and Douglas C. Holland, City Attorney
Absent:
City Clerk:
Others Present:
PUBLIC INPUT - None
CLOSED SESSION ITEMS
A. 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)
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
government Code Section 54956.9(a) - AAE
C. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Aaencv Neaotiators:
Kristi Recchia, Director of Human Resources and
Linda Jenson
Emplovee Oraanization:
Emplovee Oraanization:
Ernplovee 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 5:35 p.rn. 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
Action Agenda
December 4, 2006
Page 1 of 10
REGULAR BUSINESS
CALL TO ORDER - 7:00 P.M.
INVOCATION - Jim Kane, Saddleback Chapel
COLORS PRESENTATION & PLEDGE OF ALLEGIANCE - Tustin Police Department
CEREMONIAL OATH OF OFFICE
Oath of Office administered to Doug Davert by Councilmember Jerry Amante
Oath of Office administered to Jim Palmer by Councilmember Jerry Amante
Councilmember Jim Palmer stated that it was an honor to serve the City and looking
forward to effective and productive years on the City Council. He also thanked his family
for their support.
ROLL CALL
Present:
Mayor Doug Davert; Councilmembers Jerry Amante, Lou Bone, Tony
Kawashima, and Jim Palmer
None
Pamela Stoker
William A. Huston, City Manager and Douglas C. Holland, City Attorney
Absent:
City Clerk:
Others Present:
CLOSED SESSION REPORT - Nothing to report.
PROCLAMATION to Jill Leach on the occasion of her retirement as Editor of the Tustin
News presented by Mayor Davert
FIRST PUBLIC INPUT
· Tracy Worley' Hagen, commented on her many years of public service, noting that
significant positive change had occurred throughout the City due to efforts of the
Council and City staff during her term of office, thanked family for continuing support;
and residents of Tustin who had confidence in her ability to serve them.
· Audrey Swearengen, commented on last Council meeting and expressed optimism for
Tustin's future under the guidance of the new City Council
City Council Meeting
Action Agenda
December 4, 2006
Page 2 of 10
· Nathan Menard, congratulated incoming Council and Tracy Worley Hagen for years of
service to the community
. Jonathan Abelove, Lynn Davis, and Francine Scinto representing Tustin Unified School
District presented School Bell to Tracy Worley Hagen for years of service to the
community.
· Tom Saltarelli, congratulated Mayor Davert and newly elected councilmember Jim
Palmer and thanked Tracy Worley Hagen for twelve years of service.
. Billy C. Hall, on behalf of Tustin American Legion requested continuous and harmonious
relationship with the City and reported that he had tendered his resignation as
Commander of Tustin American Legion and as President of the Tustin Village Mobile
Home Park Association, whom both requested his continuing service.
. Tina Blenz and Kelly Poissant spoke on Pasadena Water Well drilling reported on
construction of water well on Pasadena Avenue
· Mayor Davert presented outgoing councilmember Tracy Worley Hagen with a plaque on
behalf of the City in recognition of her many years of service as Council member, Mayor
Pro Tem, and Mayor.
· Councilmember Kawashima echoed Mayor's remarks.
CONSENT CALENDAR - Pulled items 11 and 12 for separate consideration. It was moved
by Councilmember Amante, seconded by Councilmember Palmer, to approve items 1
through 10 and 13 through 16. Motion carried 5-0.
1. APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER 20, 2006
Motion: Approve the Regular City Council Meeting Minutes of November 20, 2006.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $829,246.75 and $3,092,651.70; and
Payroll in the amount of $635,846.98.
3. 2007 LOCAL APPOINTMENTS LIST
Motion: Approve the 2007 Local Appointments List for the Planning Commission,
Parks and Recreation Commission, Historic Resource Committee, and Audit
Committee.
4. CANCELLATION OF DECEMBER 18,2006 CITY COUNCIL MEETING
Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly
scheduled Council meeting of December 18, 2006 and that the City Council hereby
City Council Meeting
Action Agenda
December 4, 2006
Page 3 of 10
waives notice of said meeting as required by the government code.
5. PLANNING ACTION AGENDA - NOVEMBER 27, 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 November 27, 2006.
6. CONSIDERATION OF CLAIM OF LIBERTY MUTUAL AS SUBROGEE FOR
DIANE HALE, CLAIM NO. 06-31
The Claimant reported that while it was parked in front of 650 W. Main Street,
their insured's Hyundai Santa Fe was damaged by branches falling from a City
tree. The cost to repair the resulting dents and scratches on the vehicle was
$788.48.
Motion: Deny Claim Number 06-31, Liberty Mutual for Diane Hale, and direct
Staff to send notice thereof to the Claimant.
7. CONSULTANT SERVICES AGREEMENT, OLD TOWN PARKING STUDY
Motion: Authorize the City Manager to execute a Consultant Services
Agreement with Katz, Okitsu and Associates to perform the subject study.
8. MILLS ACT PROGRAM HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 300/302 S. B STREET AND 308 W. THIRD STREET
The Mills Act is State legislation that provides for reduced property taxes on an
eligible historic property if the property owner agrees to maintain and preserve
the property for a minimum of ten years. On June 16, 1997, the City Council
authorized the implementation of a Mills Act program in Tustin and established a
policy specifying which properties would be eligible for the program. Said
property would be the eleventh historic property preservation agreement to be
considered by the Council. The body of the agreement contains standard
language that is required by State law to be included in every Mills Act contract.
Owner: Katherine Wu
Motion: Adopt resolution.
RESOLUTION NO. 06-127 - A resolution of the City Council of the City of
Tustin, California, authorizing the City Manager or authorized designee to
coordinate, process, and execute the Historic Property Preservation
Agreement attached hereto as Exhibit 1 with the owner of the property
City Council Meeting
Action Agenda
December 4, 2006
Page 4 of to
located at 300/302 South B Street and 308 West Third Street, Tustin,
California
9. AWARD OF CONTRACT FOR CONSTRUCTION Of THE IRVINE BOULEVARD
REHABILITATION BETWEEN RANCHWOOD ROAD AND JAMBOREE ROAD
(CIP NO. 7181), AND THE JAMBOREE ROAD REHABILITATION BETWEEN
IRVINE BOULEVARD AND 1350 FEET NORTH OF TUSTIN RANCH ROAD
(CIP NOS. 7182, 7183 & 7184)
Bids for the combined Irvine Boulevard Rehabilitation between Ranchwood Road
and Jamboree Road (CIP No. 7181), and the Jamboree Road Rehabilitation
between Irvine Boulevard and 1350 Feet North of Tustin Ranch Road (CIP Nos.
7182,7183 & 7184) have been received and a construction contract is ready to
be awarded.
Motion: Award the construction contract for the Irvine Boulevard Rehabilitation
between Ranchwood Road and Jamboree Road (CIP No. 7181), and the
Jamboree Road Rehabilitation between Irvine Boulevard and 1350 Feet North of
Tustin Ranch Road (CIP Nos. 7182, 7183 & 7184) to All American Asphalt, the
lowest responsible and responsive bidder, in the amount of $2,766,204.55, and
authorize the Mayor and the City Clerk to execute the contract documents on
behalf of the City.
10. SUPPLEMENTAL APPROPRIATION FOR THE RED HILL AVENUE/OLWYN
DRIVE PEDESTRIAN ENHANCEMENTS PROJECT (CIP NO. 4067)
The contractor for the Red Hill Avenue 1 Olwyn Drive Pedestrian Enhancements
Project (CIP No. 4067) has requested a change order for additional work. The
cost of this work has now been resolved and a supplemental appropriation is
necessary to complete payment of this change order.
Motion: Approve a supplemental appropriation in the amount of $15,000.00 from
the unappropriated Capital Projects Fund to the Red Hill Avenue 1 Olwyn Drive
Pedestrian Enhancements Project (CIP No. 4067).
11. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE TUSTIN LEGACY PORTAL ENTRY AT RED
HILL AVENUE AND VALENCIA AVENUE (CIP NO. 1046)
The plans and specifications for the Tustin Legacy Portal Entry at Red Hill
Avenue and Valencia Avenue (CIP No. 1046) have been prepared and the
project is now ready to bid. A Notice of Exemption has been recorded with the
County of Orange for said project, as it is category
cally exempt under California Environmental Quality Act (CEQA) requirements.
Motion: It was moved by Councilmember Bone, seconded by Councilmember
City Council Meeting
Action Agenda
December 4, 2006
Page 5 of 10
Kawashima, to adopt resolution. Motion carried 4-0 (Palmer absent).
RESOLUTION NO. 06-128 - A resolution of the City Council of the City of
Tustin, California approving Plans and Specifications for the Tustin
Legacy Portal Entry at Red Hill Avenue and Valencia Avenue (CIP No.
1046), and authorizing advertisement for bids
12. APPROVAL OF COOPERATIVE AGREEMENT NO. C-6-0799 BETWEEN THE
ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF
TUSTIN FOR CITY-INITIATED TRANSIT EXTENSIONS TO METROLlNK (THE
"GO LOCAL STEP 1" PROGRAM)
In order to address future Metrolink service expansion, the Orange County
Transportation Authority (OCT A) has developed a program known as "GO
LOCAL", which provides for the study of city-initiated transit extensions to
Metrolink train stations. "GO LOCAL Step 1" provides grant money for cities to
study transit needs and develop visions for enhancing access to the Metrolink
system. Under Cooperative Agreement No. C-6-0799, a project concept will be
pursued which will identify needs and opportunities to enhance transit service to
the Tustin Metrolink Station.
Motion: It was moved by Councilmember Amante, seconded by Councilmember
Bone, to approve Cooperative Agreement No. C-6-0799 with the Orange County
Transportation Authority for City-Initiated Transit Extensions to Metrolink (the
"GO LOCAL Step 1" Program), and authorize the Mayor and City Clerk to
execute the document on behalf of the City. Motion carried 4-0 (Kawashima
absent).
13. PROJECT MANAGEMENT SERVICES FOR TUSTIN LIBRARY PROJECT (CIP
1045)
Construction plans and specifications are nearing completion for the Tustin
Library Project and given the complexity of the project, it is now necessary to
enter into an agreement for project construction management services.
Motion: Approve the Consultant Services Agreement with Griffin Structures, Inc.
(the "Consultant") for project construction management services; and authorize
the City Manager to execute a Consultant Services Agreement with the
Consultant, subject to final approval as to form of the Agreement as required by
the City Attorney.
14. OFFICE LEASE FOR 275 CENTENNIAL WAY, SUITES 104 AND 104A,
TUSTIN
Motion:
City Council Meeting
Action Agenda
December 4, 2006
Page 6 of 10
14.a. Authorize the City Manager to execute the proposed Office lease for
Suites 104 and 104 A at 275 Centennial Way, Tustin; and
14.b. Appropriate $36,785 from the unappropriated fund balance in the Town
Center Redevelopment Project Area, $36,785 from the unappropriated
fund balance in the South Central Redevelopment Project Area, and
$31,530 from the unappropriated fund balance in the MCAS Tustin
Redevelopment Project Area
15. 2005-2006 ANNUAL REPORT - REDEVELOPMENT AGENCY
Motion:
15.a. Receive and file an annual report of housing activity for FY2005-06; and
15.b. Direct that a copy of an annual report of housing activity for FY 2005-06
and all other required reporting documents and forms be executed in final
form and filed with the City of Tustin, the State Controller, and State
Department of Housing and Community Development.
16.
DECLARATION OF SURPLUS EQUIPMENT
DEPARTMENT
PUBLIC WORKS
Motion: Declare the equipment detailed in the attached report as surplus and
not required for public use, in accordance with the City Code, Section 1626 and
authorize the Public Works Department to sell the equipment at public auction.
REGULAR BUSINESS
17. ORDINANCE FIRST READING - DESIGNATION OF PUBLIC PARKING AREAS
AND REVIEW OF A DRAFT DEVELOPMENT AGREEMENT BETWEEN THE
CITY AND PROSPECT VillAGE, L.P.
This action recommends an ordinance providing for the designation of public
parking areas within the City, adoption of a resolution for the designation of
parking spaces owned by the City and located at the Tustin Water Yard parking
lot as a public parking area, and includes City Council approval to transmit a
proposed Development Agreement recommended for subsequent review and
action by the Tustin Planning Commission
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Kawashima, to approve items as recommended by staff. Motion carried 5-0.
17.a. Introduce and have first reading of Ordinance No. 1323 and set for second
reading at the Council's next scheduled meeting;
City Council Meeting
Action Agenda
December 4, 2006
Page 7 of 10
ORDINANCE NO. 1323 - An ordinance of the City of Tustin, California,
adding Chapter 9 to Article 7 of the Tustin City Code, providing for the
designation of public parking areas within the City
17.b. Instruct staff to commence proceedings, provide a notice consistent with
Ordinance No. 1323, and prepare a resolution designating parking spaces
owned by the City of Tustin, located at the Tustin Water Yard parking lot,
as a public parking area. Resolution to be heard concurrently with the
adoption of Ordinance No. 1323, to go into effect on the effective date of
Ordinance No. 1323; and
17.c. Refer draft Development Agreement 06-01 to the Tustin Planning
Commission for action.
18. ORDINANCE SECOND READING - CODE AMENDMENT 06-007: AN
ORDINANCE REGARDING CONSISTENCY OF ANY USE, ENTITLEMENT,
AUTHORIZATION, LICENSE, OR PERMIT WITH APPLICABLE STATE AND
FEDERAL LAWS
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.
Motion: It was moved by Council member Amante, seconded by Councilmember
Bone, to have second reading by title only and adoption of Ordinance No. 1322.
Motion carried 5-0. (Roll call vote)
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
19. CITY COUNCIL- LEGISLATIVE UPDATES
Nothing to report.
20. MAYOR AND MAYOR PRO TEM SELECTION
Mayor Davert thanked colleagues and residents for support this past year and
City Council Meeting
Action Agenda
December 4, 2006
Page 8 of 10
highlighted some accomplishments: Tustin Legacy - Lennar construction almost
complete, Village of Hope and Vestar Development in progress, as well as major
road construction; major street improvements throughout the City; Tustin Library
- finalizing plans, land acquisition, and demolition underway, with dedication
expected in 2009. This has been a year of planning - laying down groundwork,
for many projects that will soon come to fruition. Special recognition to City staff
and to the Tustin Police Department for recent transition to community
governance.
Motion: It was moved by Mayor Davert, seconded by Council member Amante,
to nominate Lou Bone as Mayor and close the nomination for position.
Mayor Davert declared Councilmember Lou Bone unanimously elected
Mayor.
Mayor Bone presided over the meeting.
Mayor Bone presented plaque to outgoing Mayor Davert.
Motion: It was moved by Mayor Bone, seconded by Councilmember Davert, to
nominate Councilmember Amante as Mayor Pro Tem and close the nomination
for position. Motion carried 5-0.
SECOND PUBLIC INPUT - Grace Wu, conveyed appreciation for democratic process in
America.
OTHER BUSINESS I COMMITTEE REPORTS
Councilmember Kawashima;
. Congratulated Mayor Bone;
. Requested that residents' concerns regarding Pasadena Avenue Well project are
handled; and
. Congratulated Councilmember Jim Palmer on election to the council.
Councilmember Davert:
. Attended November 16th Thanksgiving Breakfast, thanked everyone who participated;
. Participated in First Annual A YSO Mayor's Cup;
. More lighted soccer fields needed, requested joint partnership with Tustin Unified School
District (TUSD) for use of fields;
. Tree Lighting ceremony on December 15t was successful event;
. Congratulated Mayor Bone and Mayor Pro Tem Amante, welcomed Councilmember
Palmer;
. Wished everyone happy holidays;
. Congratulated Mayor Pro Tem Amante, elected to serve on Orange County
Transportation Authority Board (OCTA); and
City Council Meeting
Action Agenda
December 4, 2006
Page 9 of 10
· Congratulations to Goldie Nannes, appointed to League of California Cities Senior
Citizens Advisory Committee.
Councilmember Palmer:
. Congratulated Former Mayor Doug Davert on high record of votes by the people;
. Commented on requests by residents during his campaign, thanked the voters; and
. Wished everyone a Merry Christmas and Happy Hanukah.
Mayor Pro Tem Amante:
. Thanked outgoing Mayor Davert for strengthening bond between City and TUSD,
planning for City development, spearheading several fund raising events, establishment
of Mayor's Cup and many other accomplishments;
. Congratulated and welcomed Council member Jim Palmer;
. Congratulated Mayor Bone on election as Mayor and appointment to Head of Maglev
Task force;
. Recognized his family and friends in attendance;
. Thanked Police for community governance;
. Commented on UCLA victory;
. Remarked on opening of 22 freeway and will be working with executive director of
Orange County Transportation Authority on improving traffic flow;
. Thanked many for support to his position on OCTA board;
. Congratulated staff for Christmas Tree Lighting ceremony last week; and
. Wished all a blessed Merry Christmas, Happy Hanukah and New Year.
Mayor Bone:
. Thanked council for opportunity to serve as Mayor, thanked outgoing Mayor Davert;
. Memorandum of Understanding needed on Quiet & Safety Zones;
. Recycling efforts need improvements;
. Requested planning for Katherine Spur land;
. Several upcoming anniversaries including City's 80th Anniversary, Tustin Chamber of
Commerce's, Man & Woman of the Year and Tiller Days' 50th Anniversaries;
. Continue review of city committees in coming year;
. Water Advisory Council of Orange County report, more water wells are needed;
. Southern California Association of Government (SCAG) appointed Councilmember
Palmer to housing committee; and
. SCAG Policy Director confirmed removal of 1067 base housing units and OCCOG
unanimously opposed RHNA needs assessment report.
ADJOURNED -
8:24 p.m. - The next regular meeting of the City Council is scheduled for
Tuesday, January 2, 2007, at 5:30 p.m. for Closed Session and 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin, California.
NOTE: The December 18, 2006 City Council meeting cancelled.
City Council Meeting
Action Agenda
December 4, 2006
Page 10 of 10
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
DECEMBER 4, 2006
CALL TO ORDER
8:24 p.m.
ATTENDANCE
Present:
Chair Doug Davert; Agency Members Jerry Amante, Lou Bone,
Tony Kawashima, and Jim Palmer
None
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 Davert, seconded by Agency
Member Palmer, to approve the Redevelopment Agency Items 1 through 3 as recommended
by staff. Motion carried 5-0.
1. APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER 20, 2006
Motion: Approve the Redevelopment Agency Minutes of November 20, 2006.
2. LICENSE AGREEMENT FOR USE OF PARKING SPACES IN THE STEVENS
SQUARE PARKING STRUCTURE AND WAIVER OF FEES - DeCINCES
(BEACH PIT BBQ)
This action is to authorize the execution of a license agreement for the use of
ten (10) parking spaces owned by the Tustin Community Redevelopment
Agency in the Stevens Square Parking Structure and to waive license fees.
Motion:
2.a. Authorize the Executive Director to execute a license agreement by and
between the Tustin Community Redevelopment Agency and Tim
DeCinces for the use of ten (10) parking spaces owned by the Agency in
the Stevens Square Parking Structure; and
2.b. Approve the waiver of fees for the use of these spaces.
Community Redevelopment Agency Meeting
Action Agenda
December 4, 2006
Page 1 of 2
3. AMENDMENT. TO DISPOSITION AND DEVELOPMENT AREEMENT WITH
PROSPECT VILLAGE L.P.
Minor modifications to the Disposition and Development Agreement (DDA)
proposed to ensure timely expenditure of Federal Community Development
Block Grant (CDBG) funds.
Motion: Approve and authorize the City Manager's execution of the First
Amendment to the DDA with Prospect Village L.P., subject to any .non-
substantive modifications as may be determined necessary by the City Attorney.
4. CHAIR AND CHAIR PRO TEM SELECTION
Motion: It was moved by Agency member Davert, seconded by Agency member
Palmer, to nominate the Mayor and Mayor Pro Tern to serve as Chair and Chair
Pro Tern. Motion carried 5-0.
ADJOURNEDT - 8:25 p.m. - The Next regular meeting is scheduled for January 2, 2007 at
7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin,
California
NOTE: The December 18, 2006 Redevelopment Agency Meeting cancelled.
Community Redevelopment Agency Meeting
Action Agenda
December 4, 2006
Page 2 of 2
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JANUARY 2, 2007
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present:
Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Council members
Doug Davert, Tony Kawashima, and Jim Palmer
None
Pamela Stoker
William A. Huston, City Manager and Douglas C. Holland, City
Attorney
Absent:
City Clerk:
Others Present:
PUBLIC INPUT - None
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL THREAT OF
LITIGATION pursuant to government Code Section 54956.9(E) - One Case
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
government Code Section 54956.9(a) - AAE
C. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Aqency Neqotiator:
Kristi Recchia, Director of Human Resources
and Linda Jenson
Employee Orqanization:
Employee Orqanization:
Employee Orqanization:
Management
Supervisory
Executive Management
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
Action Agenda
January 2, 2007
Page 1 of 10
PUBLIC MEETING
CALL TO ORDER - 7:00 P.M.
INVOCATION - Walt Sullens, Tustin American Legion
PRESENTATION OF COLORS & PLEDGE OF ALLEGIANCE - Tustin American Legion
ROLL CALL
Present:
Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Council members
Doug Davert, Tony Kawashima, and Jim Palmer
None
Pamela Stoker
William A. Huston, City Manager and Douglas C. Holland, City Attorney
Absent:
City Clerk:
Others Present:
CLOSED SESSION REPORT - Nothing to report.
FIRST PUBLIC INPUT
· Abe Arrigotti, President of Sierra Corporate Management, own and operate Tustin Village
Mobile Home Park, announced that they have established a Sierra Management
Resident Assistance program.
PUBLIC HEARING
1. CODE AMENDMENT 06-005 - CITY'S SIGN CODE
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,
less significant changes include: a revised definitions section, a revised hearings
and appeals section, larger permitted banner signs for some freeway-facing
buildings; ,and the addition of a permitted sign type - temporary signs for
nonprofit organizations. Code Amendment 06-005 was considered by the
Planning Commission on November 13, 2006, and was continued to November
27,2006, at which time the Planning Commission adopted Resolution No. 4043,
recommending that the City Council adopt Code Amendment No. 06-005 to
amend Chapter 4 "Sign Regulations" of Article 9 of the Tustin City Code.
Applicant: City of Tustin
City Council Meeting
Action Agenda
January 2, 2007
Page 2 of 10
Mayor Pro Tern Amante excused himself from the proceedings due to a conflict
of interest and left the dais at 7:07 p.m. Amante joined the meeting at 7:56 p.m.
but did not participate in consideration of this item.
Elizabeth Binsack, Community Development Director presented staff report.
Douglas Holland, City Attorney noted that ordinance proposed addresses signs
in public right-of-way and does not restrict freedom of political and commercial
speech.
The public hearing opened at 7:23 p.m.
The following speakers addressed the City Council:
· Steve Scott, President of the Tustin Chamber of Commerce opined that
Council should postpone action to allow more time for review of
recommendations and suggested punitive system for repeat offenders.
· Ryan West, of Pacific-West Realtor Association suggested that Planning
Commission should address some concerns prior to Council making final
decision.
· John Sullivan of Prudential Realtors of Orange, concerned with proposed
ordinance because of impact to real estate market in our community.
· Patti Winters indicated that restrictions and penalties recommended by staff
were fair and acceptable.
The hearing closed at 7:56 p.m.
Council discussion ensued.
Motion: It was moved by Councilmember Davert, seconded by Councilmember
Palmer to continue consideration of ordinance and report back to Council within
60 days, split out commercial speech portion, and defer to Planning Commission
for additional amendments. Motion carried 4-0 (Amante absent).
CONSENT CALENDAR - It was moved by Councilmember Davert, seconded by
Councilmember Palmer, to approve items 2 through 13. Motion carried 5-0.
2. APPROVAL OF MINUTES - SPECIAL AND REGULAR MEETINGS OF
DECEMBER 4, 2006
Motion: Approve the Special and Regular City Council Meeting Minutes of
December 4, 2006.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
City Council Meeting
Action Agenda
January 2, 2007
Page 3 of 10
Motion: Approve demands in the amounts of $1,308,474.35; $1,004,220.27; and
$2,193,730.39; Reversals in the amount of $6,622.07; Pay Immediately in the
amount of $2,018.24;and Payroll in the amount of $583,444.90.
4. ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY
The California Government Code, as amended, requires that Cities annually
adopt their Investment Policy. This legislative action was in response to the
Orange County bankruptcy. It requires the elected body and the Treasurer to
review the existing Investment Policy at least annually and confirm its content at
a public meeting and annually delegate authority to invest.
Motion:
4.a. Continue delegation of Investment Policy to G. W. Jeffries and
. Associates; and
4.b. Adopt the City of Tustin Investment Policy for calendar year 2007 with the
noted change, as recommended by the City Treasurer.
5. DESTRUCTION OF RECORDS - POLICE DEPARTMENT
Government Code Section 34090 and Resolution No. 01-91 permit destruction of
records, which meet certain criteria with the approval of the City Council by
resolution, and the written consent of the City Attorney.
Motion: Adopt resolution.
RESOLUTION NO. 07-09 - A resolution of the City Council of the City of
Tustin, California, authorizing the destruction of certain City records and
papers in the possession of the Tustin Police Department that are no
longer required for Tustin Police Department business pursuant to
Government Code Section 34090 and the City of Tustin's Records
Retention Schedule
6. DESTRUCTION OF RECORDS - HUMAN RESOURCES
Resolution No. 01-91, the Record Retention/Disposition Schedule, permits
destruction of records and documents which meet certain criteria with the
approval of the City Attorney and the City Council..
Motion: Adopt resolution.
RESOLUTION NO. 07-04 - A resolution of the City Council of the City of
Tustin, California, authorizing the destruction of certain city records and
City Council Meeting
Action Agenda
January 2, 2007
Page 4 of 10
papers in the possession of the Human Resources Department of the City
of Tustin no longer required for the conduct of city business, pursuant to
the authority granted by the City of Tustin's Records Retention Schedule
7. TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION (TMEA) MEMORANDUM
OF UNDERSTANDING
Adoption of the attached Resolution and Memorandum of Understanding will
authorize salary and benefit adjustments, pursuant to previous Council direction,
for employees within the Tustin Municipal Employees Association (TMEA)
bargaining unit.
Motion: Adopt resolution.
RESOLUTION NO. 07-05 - A resolution of the City Council of the City of
Tustin, California, amending the Classification and Compensation Plan for
the City of Tustin and approving the Memorandum of Understanding
between the City of Tustin and the Tustin Municipal Employees
Association, concerning wages, salaries, fringe benefits and conditions of
employment
8. TUSTIN POLICE SUPPORT SERVICES ASSOCIATION MEMORANDUM OF
UNDERSTANDING - CONTRACT AMENDMENT
Adoption of the attached Resolution and Memorandum of Understanding
Contract Amendment will authorize an increase in the City's contribution to the
Flexible Benefits Plan, pursuant to previous Council direction, for employees
within the Tustin Police Support Services Association (TPSSA) bargaining unit.
Motion: Adopt resolution.
RESOLUTION NO. 07-06 - A resolution of the City Council of the City of
Tustin, California, amending the Classification and Compensation Plan for
the City of Tustin and approving the contract amendment to the
Memorandum of Understanding between the City of Tustin and the Tustin
Police Support Services Association, concerning Article 12 Flexible
Benefits Plan
9. TUSTIN POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF
UNDERSTANDING - CONTRACT AMENDMENT
Adoption of the attached Resolution and Memorandum of Understanding
Contract Amendment will authorize an increase in the City's contribution to the
Flexible Benefits Plan, pursuant to previous Council direction, for employees
within the Tustin Police Management Association (TPMA) bargaining unit.
City Council Meeting
Action Agenda
January 2, 2007
Page 5 of 10
Motion: Adopt resolution.
RESOLUTION NO. 07-07 - A resolution of the City Council of the City of
Tustin, California, amending the Classification and Compensation Plan for
the City of Tustin and approving the contract amendment to the
Memorandum of Understanding between the City of Tustin and the Tustin
Police Management Association, concerning Article 20 Flexible Benefits
Plan
10. TUSTIN POLICE OFFICERS ASSOCIATION MEMORANDUM OF
UNDERSTANDING - CONTRACT AMENDMENT
Adoption of the attached Resolution and Memorandum of Understanding
Contract Amendment will authorize an increase in the City's contribution to the
Flexible Benefits Plan, pursuant to previous Council direction, for employees
within the Tustin Police Officers Association (TPOA) bargaining unit.
Motion: Adopt resolution.
RESOLUTION NO. 07-08 - A resolution of the City Council of the City of
Tustin, California, amending the Classification and Compensation Plan for
the City of Tustin and approving the contract amendment to the
Memorandum of Understanding between the City of Tustin and the Tustin
Police Officers Association, concerning Article 23 Flexible Benefits Plan
and Article 9 Paid Leave
11. APPROVAL OF AN APPROPRIATION FOR MAINTENANCE OF THE CITY
COUNCIL CHAMBERS AUDIO VISUAL EQUIPMENT
Motion: Approve an appropriation amount of $9,800 from the unappropriated
balance of the General Fund and allocate it to the Public Works Department
Operating Budget. This will provide for the extension of a maintenance service
contract with Western Audio Visual Corp. of Orange, CA for preventive and
operational maintenance of the AMX Audio Visual system in the City Council
Chambers for a period of one year.
12. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE RED HILL AVENUE / OLWYN
DRIVE PEDESTRIAN ENHANCEMENTS .(CIP NO. 4067)
Motion:
12.a. Adopt resolution; and authorizing the recordation of the Notice of
Completion, and direct the City Clerk to:
RESOLUTION NO. 07-03 - A resolution of the City Council of the City of
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Action Agenda
January 2, 2007
Page 6 of 10
Tustin, California, accepting the works of improvement and authorizing the
recordation of the Notice of Completion for the construction of the Red Hill
Avenue / Olwyn Drive Pedestrian Enhancements (CIP No. 4067)
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.
12.b. Assuming no clairns 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
100/0 retention in the amount of $18,361.91 to Elite Bobcat Service, Inc.
The total final construction contract cost for the project is $183,619.11.
13. SET A PUBLIC HEARING FOR JANUARY 15, 2007 TO CONSIDER
REVISIONS TO CITY CODE SECTION 4300 RELATED TO SOLID WASTE
Motion: Set a public hearing for January 15, 2007 at 7:00 p.m. to consider
revisions to City Code Section 4300 related to solid waste.
REGULAR BUSINESS
14. 2007 MAYORAL APPOINTMENTS TO COMMITTEES
Annually, following selection of the Mayor, the Mayor appoints those members of
the City Council who will serve on various City and County committees.
Motion: It was moved by Council member Davert, seconded by Mayor Pro Tem
Amante, to receive and file and include appointment of Lori Turner to Senior
Center Liaison on Water Advisory Council of Orange (WACO) committee. Motion
carried 5-0.
15. INTRODUCE ORDINANCE CHANGING CITY COUNCIL, COMMUNITY
REDEVELOPMENT AGENCY, AND PLANNING COMMISSION MEETING
DATES, MODIFICATION TO ROBERT'S RULES OF ORDER, AND COUNCIL
SALARY ADJUSTMENT
Motion: It was moved by Councilmember Davert, seconded by Mayor pro Tem
Amante, to introduce and have first reading of Ordinance No. 1326. Motion
carried 5-0.
ORDINANCE NO. 1326 - An ordinance of the City of Tustin, California,
amending Sections 1301, 1302, 1303 and 1515 of the Tustin City Code
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January 2, 2007
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relating to meeting dates, rules of procedure, and council compensation
16. APPOINTMENT OF CITIZEN PARTICIPATION COMMITTEE FOR PROGRAM
YEAR 2007-08
Motion: It was moved by Councilmember Davert, seconded by Councilmember
Palmer, to appoint Jim Palmer and Jerry Amante as at-large members to serve
on Citizen Participation Committee for Community Development Block Grant
(CDBG) Program Year 2007-08. Motion carried 5-0.
17. FIRST AMENDMENT TO INFRASTRUCTURE CONSTRUCTION AND
PAYMENT AGREEMENT WITH VESTAR/KIMCO TUSTIN, L.P.
("DEVELOPER") FOR THE 'DISTRICT' AT TUSTIN LEGACY
Motion: It was moved by Councilmember Davert, seconded by Councilmember
Palmer, to approve subject to any non-substantive modifications as may be
determined necessary by the City's Tustin Legacy Special Counselor City
Attorney, approve and authorize the City Manager, or designee to execute a
First Amendment to the Infrastructure Construction and Payment Agreement
("Amendment") between the City of Tustin and. the Developer and to carry out all
actions necessary to implement the Amendment and Original Agreement.
Motion carried 5-0.
18. ORDINANCE FIRST READING - DESIGNATION OF PUBLIC PARKING AREAS
This action recommends reintroduction of Ordinance 1323 providing for the
designation of public parking areas.
Motion: It was moved by Council member Davert, seconded by Mayor Pro Tem
Amante, to introduce and have first reading of Ordinance No. 1323. Motion
carried 5-0.
ORDINANCE NO. 1323 - An ordinance of the City of Tustin, California,
adding Chapter 9 to Article 7 of the Tustin City Code, providing for the
designation of public parking areas within the City
19. CITY COUNCIL - LEGISLATIVE UPDATES
Councilmember Palmer requested that Analysis of Cell Phone Towers be
agendized for discussion by the City Council.
· Pat Sanchez, Director of Parks and Recreation indicated that Request for
Proposals were mailed out and due in March, but will send out correction
letter to vendors to shorten submittal period to 45 days.
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Action Agenda
January 2, 2007
Page 8 of 10
Mayor Bone:
· ACA2 (Walters: Eminent Domain) requested that item be brought to next
council meeting for review and consideration by Council.
. 8B12 (Lowenthall: Housing Elements) review and return to council for
consideration.
Councilmember Davert:
. Requested that SCAG's amended affordable housing numbers be provided in
writing.
Mayor Pro Tem Amante: .
. Attended meeting with Supervisor Campbell, members of Building Industry
Association of Orange County, plus others on amended Southern California
Air Quality Management District's report on emission growth management
and requested staff review.
SECOND PUBLIC INPUT - None
OTHER BUSINESS AND COMMITTEE REPORTS
Councilmember Kawashima:
. Wished everyone a Happy New Year.
Councilmember Palmer:
. Wished all a Happy New Year.
Councilmember Davert:
. Orange County Sanitation District completed reorganization, reducing number of
committees and staff members;
. Congressman John Campbell toured Tustin Legacy;
. Participated in ride-along with Tustin Police and enjoyed experience;
. Requested review of City policy on issuing badges to public officials;
. Met with Tustin Unified School District Superintendent on joint use opportunities; and
. Requested meeting be adjourned in memory of former President Gerald Ford.
Mayor Pro Tem Amante:
. Happy new year to everyone;
. Commented on public official badges, suggested policy be considered at future meeting;
. Attended Orange County Board of Supervisors meeting on Northern base hangar;
entered into negotiation agreement with Industrial Realty Group;
. Sunday attended 12Sth anniversary of First Advent Church;
. Transportation Corridor Agency report, agreements with airports for fast-track logo
license, and joint ad hoc committee will release financial options report in February;
. Orange County Transportation Authority (OCTA) will discuss completion of 22 freeway
and Magnolia extension at nexi meeting;
City Council Meeting
Action Agenda
January 2, 2007
Page 9 of 10
· Commended Supervisors Campbell and Moorlach for discussion on base hangar,
encouraged comments and further discussion;
· AQMD report to follow shortly, will be speaking with Santa Ana Mayor Miguel Pulido;
· Executive Committee meeting of League of California Cities, concerned with possible
spread of urban casinos;
· Will be attending League of Cities conference meeting in Sacramento; and
. Attended A YSO all star soccer celebration.
· Remembered former President Gerald Ford for his admirable service during turbulent
times.
Mayor Bone:
· Congratulated Mayor Pro Tem Amante on OCTA board seat;
· Congratulated Councilmember Davert on Orange County Fire Authority seat;
. Attended Santa Cop dinner, was food server along with Police Chief Scott Jordan;
· Metrolink board meeting, Tustin and OCTA finalizing design of grade crossing at
Redhill/Edinger;
· California Public Utilities Commission considering split of area code through the City of
Tustin; and
· Adjourned in memory of former US President Gerald R. Ford and Phyllis Parker, crossing
guard.
ADJOURNED -
8:32 p.m. - The next regular meeting of the City Council is scheduled for
January 15, 2007, at 5:30 p.m. for Closed Session and 7:00 p.m. in the
Council Chamber, 300 Centennial Way, Tustin, California
Adjourn in memory of
former US President Gerald R. Ford, Jr.
and
Phyllis Parker
City Council Meeting
Action Agenda
January 2, 2007
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ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
JANAURY 2, 2007
CALL TO ORDER
8:32 p.m.
ATTENDANCE
Present:
Chair Lou Bone; Chair Pro Tem Jerry Amante; Agency Members
Doug Davert, Tony Kawashima, and Jim Palmer
None
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 Davert, seconded by Chair Pro
Tem Amante, to approve the Redevelopment Agency Item 1 as recommended by staff.
Motion carried 5-0.
1. APPROVAL OF MINUTES - REGULAR MEETING OF DECEMBER 4, 2006
Motion: Approve the Redevelopment Agency Minutes of December 4, 2006.
ADJOURNED - 8:33p.m. - Next regular meeting is scheduled for January 15, 2007 at 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin, California
Community Redevelopment Agency Meeting
Action Agenda
January 2, 2007
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