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HomeMy WebLinkAboutCC MINUTES 2007 01 02 MINUTES 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 Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney 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 Agency Negotiator: Kristi Recchia, Director of Human Resources and Linda Jenson Emplovee Orqanization: Management Emplovee Orqanization: Supervisory Emplovee Orqanization: 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 Minutes 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 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. 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 Minutes January 2, 2007 Page 2 of 10 Mayor Pro Tem 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 for 60 days, split out commercial speech portion, and defer to Planning Commission for further study and amendments to proposed ordinance. 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 Motion: Approve demands in the amounts of $1,308,474.35; $1,004,220.27; and City Council Meeting Minutes January 2, 2007 Page 3 of 10 $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 papers in the possession of the Human Resources Department of the City City Council Meeting Minutes January 2, 2007 Page 4 of 10 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. 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 Council Meeting Minutes January 2, 2007 Page 5 of 10 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 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) City Council Meeting Minutes January 2, 2007 Page 6 of 10 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 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 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 Councilmember Davert, seconded by Mayor Pro Tem Amante, to receive and file report to include the following appointments: Foothill / Eastern Transportation Corridor Agency Amante / Bone Growth Management Areas Amante / Bone Newport Bay Watershed Executive Committee Amante / Palmer Orange County Council of Governments Bone / Palmer Orange County Fire Authority Davert / Palmer Orange County Library Board Palmer / Amante Orange County Sanitation District Davert / Palmer Orange County Vector Control * Hagen* Santa Ana / Tustin Joint Powers Agency (TSIA) Bone / Amante Santa Ana River Flood Protection Agency Palmer / Amante Senior Fund Board of Directors Palmer / Davert Southern California Association of Governments (SCAG) Bone Tustin Pride Committee Palmer / Bone Tustin Unified School District Liaison Davert / Amante Water Advisory Committee of Orange County (WACO) Palmer / Bone WACO Committee - Senior Center Liaison Lori Turner * Multi-year appointment Motion carried 5-0. City Council Meeting Minutes January 2, 2007 Page 7 of 10 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 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 Councilmember 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 City Council Meeting Minutes January 2, 2007 Page 8 of 10 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. Mayor Bone: . ACA2 (Walters: Eminent Domain) requested that item be brought to next council meeting for review and consideration by Council. . SB12 (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 Jerry Amante, Tustin Unified School District Superintendent and Director Sanchez on joint use opportunities and needs of our community regarding recreation fields; and . Requested meeting be adjourned in memory of former US President Gerald Ford. City Council Meeting Minutes January 2, 2007 Page 9 of 10 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 125th 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 (OCT A) will discuss completion of 22 freeway and Magnolia extension at next meeting; · 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; · Attended A YSO all star soccer celebration; and · Remembered former US 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 OCT A finalizing agreement on design of grade crossing at Redhill/Edinger; · California Public Utilities Commission considering split of 714 area code; encouraged staff to keep abreast of developments and oppose the City from being divided; 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 LOU BONE, Mayor PAMELA STOKER City Clerk City Council Meeting Minutes January 2, 2007 Page 10 of 10