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HomeMy WebLinkAboutCC MINUTES 2007 01 15 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JANUARY 15, 2007 CALL TO ORDER - 5:42 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: 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 LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiator: William A. Huston, City Manager Employee Organization: Unclassified Confidential Employees Employee Organization: Supervisory Employee Organization: Management Employee Organization: Executive Management B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Property defined within the Master Developer footprint at Tustin Legacy (the former Marine Corps Air Station Tustin) including Reuse Plan Disposal Parcels 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, 25, 26, 27, 28, 29, 30, 31 and portions of Reuse Plan Disposal Parcel 40. City Negotiators: Christine Shingleton, Assistant City Manager Negotiators for Tustin Leaacy Community Partners: Simon Whitmey Under Negotiation: Terms and Conditions of Acquisition City Council Meeting Minutes January 15, 2007 Page 1 of 12 RECESS - At 5:43 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. PUBLIC MEETING CALL TO ORDER - 7:00 P.M. INVOCATION - Mayor Pro Tem Amante PLEDGE OF ALLEGIANCE - Councilmember Kawashima 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. PRESENTATIONS · Orange County Human Relations Council to present Annual Report and Certificate of Appreciation to the City of Tustin · Proclamations presented by Mayor Bone to Tustin Tiller Days & Parade Committee, Man and Woman of the Year Committee, and Tustin Chamber of Commerce in recognition of their 50th Anniversaries FIRST PUBLIC INPUT - None PUBLIC HEARINGS 1. DEVELOPMENT AGREEMENT 06-001: 191 AND 193-195 EAST MAIN STREET, TUSTIN (PROSPECT VILLAGE LP) The developer, Prospect Village LP is proposing to construct an City Council Meeting Minutes January 15, 2007 Page 2 of 12 approximately 9,300 square foot two-story commercial/office building and twelve (12) three-story live-work units on a 1.036 acre site at the northwest corner of Main Street and Prospect Avenue. The purpose of Development Agreement 06-01 is to give the developer the assurance that the City will not repeal or substantively amend the provisions of City's Public Parking Area Ordinance related to designation or de- designation of City-owned property as a public parking area in any manner that materially affects the Project, and to give the City the assurance that the Developer shall work toward and complete the development of the Project. Applicant: Prospect Village LP (formerly known as Pelican Center LLC) City Attorney Holland indicated that Item 1 is linked to Item 21 on this Agenda. Development Agreement language will be refined to allow Council the flexibility to establish or modify parking rates if it so desires. The public hearing opened at 7:11 p.m. There were no public speakers and the hearing closed at 7:12 p.m. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to introduce, and have the first reading of Ordinance No. 1327 with amendments as proposed and set for second reading at the Council's next scheduled meeting. ORDINANCE NO. 1327 - An ordinance of the City Council of the City of Tustin, California, approving Development Agreement 06-01, as defined by Section 65865.2 of the California Government Code, between the City of Tustin and Prospect Village LP pertaining to development of the property located at 191 and 193-195 East Main Street, Tustin, California Motion carried 5-0. 2. AMENDING CITY CODE SECTIONS 4300 THROUGH 4362 RELATED TO SOLID WASTE MANAGEMENT Staff and the City Attorney's Office have reviewed the City Code Section for Solid Waste and have revised and updated the Code. The proposed revisions include a fifty percent diversion requirement for solid waste collection franchises and assigning responsibility for managing the Construction and Demolition Waste Ordinance to the Public Works Department. Staff is requesting the City Council conduct a public hearing to seek public and industry input, introduce Ordinance No. 1325, conduct a first reading of the ordinance and schedule the second reading for the next City Council Meeting. City Council Meeting Minutes January 15, 2007 Page 3 of 12 Joe Meyers, Public Works Administrative Services Manager presented staff report. The public hearing opened at 7: 15 p.m. There were no public speakers and the hearing closed at 7:16 p.m. Motion: It was moved by Councilmember Davert, seconded by Councilmember Kawashima, to introduce, and have the first reading of Ordinance No. 1325 and set for second reading at the Council's next scheduled meeting. ORDINANCE NO. 1325 - An ordinance of the City Council of the City of Tustin, California Amending Chapter 3 of Article 4 of the Tustin City Code pertaining to Solid Waste Regulations Motion carried 5-0. CONSENT CALENDAR - Agenda items 7, 13 and 14 were pulled for separate discussion. It was moved by Mayor Pro Tem Amante, seconded by Councilmember Davert, to approve items 3 through 6 and 8 through 12. Motion carried 5-0. 3. APPROVAL OF MINUTES - REGULAR MEETING OF JANUARY 2,2007 Motion: Approve the Regular City Council Meeting Minutes of January 2,2007. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $2,471,991.70; $1,114,894.39; $633,582.12; and Payroll in the amount of $570,281.06 and $584,288.99. 5. CONSIDERATION OF CLAIM OF SUZIE FIGUEROA, CLAIM NUMBER 06- 35 The Claimant reported that the windshield of her 1995 Astro Van was broken when it was hit by a foul ball from a City softball league game at Columbus Tustin Park. She is asking the City to pay $250.00 for the damaged windshield. Motion: Deny Claim Number 06-35, Suzie Figueroa, and direct Staff to send notice thereof to the Claimant. 6. QUARTERLY INVESTMENT REPORT City Council Meeting Minutes January 15, 2007 Page 4 of 12 Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Motion: Receive and file report. 7. PLANNING ACTION AGENDA - JANUARY 8, 2007 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Mayor Pro Tem Amante requested a presentation to the City Council, on 2006 Activity Report provided to the Planning Commission. Motion: It was moved by Mayor Pro T em Amante, seconded by Councilmember Davert, to ratify the Planning Commission Action Agenda of January 8, 2007. Motion carried 5-0. 8. AWARD OF CONTRACT FOR CONSTRUCTION OF THE PASADENA AVENUE STORM DRAIN FROM MEDALLION AVENUE TO SYCAMORE AVENUE (CIP NO. 5032) Motion: Award the construction contract for the Pasadena Avenue Storm Drain from Medallion Avenue to Sycamore Avenue (CIP No. 5032) to Sukut Construction, Inc., the lowest responsible and responsive bidder, in the amount of $738,716.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 9. AWARD OF CONTRACT FOR CONSTRUCTION OF THE CITY PROPERTY IMPROVEMENTS AT 450 EL CAMINO REAL (CIP NO. 1040) Motion: Award the construction contract for the City Property Improvements at 450 EI Camino Real (CIP No.1 040) to Green Giant Landscape, Inc., the lowest responsible and responsive bidder, in the amount of $77,690.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 10. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY 2006-2007 (CIP NO. 7001) AND THE ANNUAL SIDEWALK REPAIR PROJECT, FY 2006-2007 (PROJECT NO. 402-6235) City Council Meeting Minutes January 15, 2007 Page 5 of 12 Motion: Adopt resolution. RESOLUTION NO. 07-11 - A resolution of the City Council of the City of Tustin, California approving Plans and Specifications for the Annual Major Pavement Maintenance Project, FY 2006-2007 (CIP No. 7001) and the Annual Sidewalk Repair Project, FY 2006-2007 (Project No. 402-6235); and authorizing advertisement for bids 11. APPROVAL OF QUITCLAIM DEEDS (TEMPORARY CONSTRUCTION EASEMENTS) IN CONJUNCTION WITH THE RED HILL AVENUE WIDENING PROJECT AT THE 1-5 FREEWAY (CIP NO. 7133) The Quitclaim Deeds from the City of Tustin to four property owners will remise, release and forever Quitclaim temporary construction easements acquired for the Red Hill Avenue Widening Project at the 1-5 Freeway (CIP No. 7133). The temporary construction easements were necessary to construct the improvements for the subject project. Motion: Approve the Quitclaim Deeds for the Red Hill Avenue Widening Project at the 1-5 Freeway (CIP No. 7133), authorize the Mayor and City Clerk to execute the Quitclaim Deeds on behalf of the City, and direct the City Clerk to record all of the documents with the Orange County Recorder. 12. SURPLUS EQUIPMENT SALES REPORT (STREET SWEEPERS) Motion: Receive and file report. 13. CITY OF TUSTIN RESPONSE TO CITY OF SANTA ANA DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE METRO EAST MIXED USE OVERLAY ZONE PROJECT Proposed project by the City of Santa Ana will allow for the development of higher density mixed-use and/or residential land uses (up to 23 stories and an overall 3.0 floor area ratio) within an overlay zone of 200 acres. The project-specific development proposes approximately 374 residential units in buildings and approximately 8,900 square feet of commercial space. The proposed Overlay Zone is located directly adjacent to the City of Tustin, west of Tustin Avenue, south of East Sixth Street, and between Interstate 5 and State Route 55 in the City of Santa Ana. Councilmember Davert noted the proximity to Old Town Tustin; response letter addresses concerns and types of mitigations desired. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro City Council Meeting Minutes January 15, 2007 Page 6 of 12 Tem Amante, to authorize staff to forward the draft response letter to the City of Santa Ana. Motion carried 5-0. 14. BUILDING INDUSTR6Y ASSOCIATION DIRECTIONAL SIGN PROGRAM FOR NEW RESIDENTIAL DEVELOPMENTS IN THE CITY OF TUSTIN The Sign Program proposes double post-mounted freestanding signs approximately 7.5 feet high at various locations through out the City of Tustin. These signs will be located within the City's right-of-way and these signs would substitute individual builder's directional signs. Councilmember Davert indicated that sign program proposed by BIA will standardize advertising at new development sites. Motion: It was moved by Councilmember Davert, seconded by Councilmember Palmer, to direct the City Manager and/or designee to negotiate and execute an agreement with the BIA/OC. Motion carried 5-0. REGULAR BUSINESS ITEMS 15. FEDERAL DISPOSAL SERVICE REQUEST FOR A THREE YEAR CONTRACT EXTENSION Federal Disposal Service (FDS) has requested a 3-year contract extension from their current contract expiration date of September 30, 2007. Joe Meyers, Public Works Administrative Services Manager presented staff report. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to deny the request by Federal Disposal Service for a contract extension in accordance with City Code Section 4333 and direct staff to continue with the procurement process. Motion carried 5-0. 16. APPROVAL OF A REQUEST FOR PROPOSAL FOR SOLID WASTE MANAGEMENT SERVICES, APPROVAL OF PROPOSAL EVALUATION CRITERIA, APPROVAL OF THE PROPOSAL PROCESS PROTOCOL AND ESTABLISH A CITY COUNCIL SUBCOMMITTEE Staff and the City's consultant, EcoNomics Inc., have completed a Request for Proposal (RFP) for solid waste services, proposal evaluation criteria and proposed process protocol. Joe Meyers, Public Works Administrative Services Manager and William O'Toole presented staff report and schedule & process protocol. City Council Meeting Minutes January 15, 2007 Page 7 of 12 William O'Toole noted that as of tonight Council is precluded from discussion with City Council to allow for transparent process. Councilmember Davert noted that minor modifications were made to draft RFP. Councilmember Palmer proposed that we include a Chamber of Commerce member to represent business community on evaluation committee. David Ross, Waste Management Representative welcomed RFP process. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to: 16.a. Approve the Request for Proposal (RFP) for solid waste services; 16.b. Approve the proposal evaluation criteria, and 16.c. Approve the proposal process protocol. Motion carried 5-0. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to: 16.d. Authorize the Mayor to designate two City Council representatives to serve on the Solid Waste Subcommittee to oversee and facilitate the proposal evaluation process and develop a recommendation to the full City Council; and appoint a business community member to serve on the solid waste staff evaluation team to ensure that business interests are represented on the evaluation team. Motion carried 5-0. 17. CITY COUNCIL BADGES This item has been placed on the agenda at the request of Mayor Pro Tem Amante and Councilmember Davert. Mayor Bone requested that letter be sent to former councilmembers on responsibility of badges. City Attorney instructed to prepare ordinance and set for Council's next scheduled meeting. 18. SOLICITATION ORDINANCE In response to an increased number of calls for service regarding individuals soliciting adjacent to A TMs located in various markets within the City, the Police Department has proposed an ordinance regulating aggressive solicitations and prohibiting all solicitations in certain areas. City Council Meeting Minutes January 15, 2007 Page 8 of 12 Police Lieutenant Steve Lewis presented staff report. Motion: It was moved by Councilmember Davert, seconded by Councilmember Kawashima, to introduce, and have the first reading of Ordinance No. 1328 and set for second reading at the Council's next scheduled meeting. ORDINANCE NO. 1328 - An ordinance of the City of Tustin, California, adding Chapter 11 to the Tustin City Code, regulating aggressive solicitation and prohibiting all solicitation in certain areas Motion carried 5-0. 19. CITY BOARDS, COMMISSIONS, AND COMMITTEES Mayor Bone raised issues related to budgeting, staffing, and general allocation of resources to City Boards, Commissions, and Committees and requested that staff agendize this matter for discussion. This report provides background information on the City committees staffed by the various City departments and estimates the amount of staff time to support each committee. Mayor Pro Tem Amante requested report on re-alignment of responsibilities. Suggested we eliminate term limits of commissioners and serve at pleasure of city council. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to bring ordinance to Council in 30 days on recommendation by staff on re-alignment of commission/committee responsibilities and elimination of term limits. Motion carried 5-0. 20. ORDINANCE SECOND READING - 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 Council member Davert, seconded by Mayor Pro Tem Amante, to have second reading by title only and adoption of Ordinance No. 1326 (roll call vote). 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 City Council Meeting Minutes January 15, 2007 Page 9 of 12 Motion carried 5-0. 21. ORDINANCE SECOND READING - DESIGNATION OF PUBLIC PARKING AREAS Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to have second reading by title only and adoption of Ordinance No. 1323 (roll call vote). 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 Motion carried 5-0. 22. CITY COUNCIL - LEGISLATIVE REPORTS The following legislative items to be considered by City Council: · SB 12 (Regional Housing Needs Assessment) · AQMD (Proposed Emission Growth Management Control Measure) Mayor Pro Tem Amante requested that staff report on bill proposed by Senator McClintock, revised Proposition 90 and several other bills regarding Eminent Domain that are pending in Sacramento and staff to report back. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to support Senate Bill 12 with the following amendments: additional appeals be allowed so that cities do not receive allocations that cannot be appealed; and housing need allocation plan should not be linked to the Regional Transportation Plan (RTP), the RTP is land-use based and RHNA is a needs-based program. Motion carried 5-0. Motion: It was moved by Mayor Pro T em Amante, seconded by Councilmember Davert, to adopt resolution and send to AQMD Representatives. Motion carried 5-0. RESOLUTION NO. 07-14 - A resolution of the City Council of the City of Tustin, California, opposing the South Coast Air Quality Management District's Emission Growth Management Control Measure SECOND PUBLIC INPUT - None City Council Meeting Minutes January 15, 2007 Page 10 of 12 OTHER BUSINESS AND COMMITTEE REPORTS Councilmember Kawashima: . Requested status report on library project. Councilmember Palmer: . Attended conference in Sacramento along with Mayor Pro Tem Amante; . Attended Water Advisory Committee of Orange County reported that Metropolitan Water District will begin fluorination in Summer, FEMA suggested city officials be certified in National Incident Management Systems, and water usage was on the rise again; . Mayor's Inaugural Dinner hosted by Tustin Community Foundation next month; . Congratulations to Police Department on reduced crime; and . Requested information reports on streaming & access on demand of meetings, elimination of roll-off dumpster fee, and review of future ordinances by Chamber of Commerce Government Affairs Council. Councilmember Davert: . Mayor's Inaugural Dinner to be held on February 1st; contact Chamber of Commerce for details; . Will be attending Orange County Fire Authority meeting next week; and . Irvine Valley College will hold Astounding Inventions Convention and daughter will participate. Mayor Pro Tem Amante: . Orange County Transportation Authority elected Carolyn Cavecche as Chair, Chris Norby as Vice-Chair, will serve on Regional Planning & Highways Committee, Transportation 2020 Committee, State Route 91 Advisory Committee, South Orange County Major Investment Study Committee and Vice-Chair to Finance & Administration Committee; update on 22 Freeway; . Met with several officials in Sacramento including staff members of Senator Correa & Assemblyman Solorio regarding solutions to graffiti problems; . Transportation Corridor Agency geotechnical borings at edge of park are safe with no impact on wildlife or natural resources; and . Reviewed Governor's Budget which includes proposals for off-budget spending. Mayor Bone . RHNA letter received, met SCAG's commitment; . Southern California Association of Governments had presentation by Southern California Regional Airport Authority, would like control of airports in southern California; and . League of Cities, State Policy Committee on Transportation, Communication and Public Works presentation by Former Senator Quentin Copp, now Chairman of California High Speed Railway Authority asked for support of $9.95 billion bond, and new Echo 911 system can add 6 additional phone numbers to 911 call. City Council Meeting Minutes January 15, 2007 Page 11 of 12 ADJOURNED - 8:54 p.m. - The next regular meeting of the City Council is scheduled for February 5, 2007, at 5:30 p.m. for Closed Session and 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California PAMELA STOKER City Clerk LOU BONE, Mayor City Council Meeting Minutes January 15, 2007 Page 12 of 12