HomeMy WebLinkAbout05 City Council Action Agenda
Report to the
Planning Commission
DATE:
FEBRUARY 12, 2007
SUBJECT:
CITY COUNCIL ACTION AGENDAS
JANUARY 15 AND FEBRUARY 5, 2007
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT: CITY COUNCIL ACTION AGENDAS
JANUARY 15 AND FEBRUARY 5, 2007
ITEM #5
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ACTION AGENDA
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
None
Maria R. Huizar, Chief Deputy
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 LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Aqencv Neqotiator:
Kristi Recchia, Director of Human Resources
and Linda Jenson
Emplovee Orqanization:
Emplovee Orqanization:
Employee Orqanization:
Employee Orqanization:
Unclassified Confidential Employees
Supervisory
Management
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 Neqotiators:
Christine Shingleton, Assistant City Manager
City Council Meeting
Action Agenda
January 15, 2007
Page 1 of 12
Neqotiators for Tustin Leqacv Communitv Partners: Simon Whitmey
Under Neqotiation:
Terms and Conditions of Acquisition
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
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.
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
City Council Meeting
Action Agenda
January 15, 2007
Page 2 of 12
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
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 tied with Item 21 on the Agenda
that requires certain finding be approved and development agreement will be
clarified 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
City Council Meeting
Action Agenda
January 15, 2007
Page 3 of 12
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.
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, 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
City Council Meeting
Action Agenda
January 15, 2007
Page 4 of 12
windshield.
Motion: Deny Claim Number 06-35, Suzie Figueroa, and direct Staff to send
notice thereof to the Claimant.
6. QUARTERLY INVESTMENT REPORT
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 Commissioners.
Motion: It was moved by Mayor Pro Tem 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.
City Council Meeting
Action Agenda
January 15, 2007
Page 5 of 12
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)
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
City Council Meeting
Action Agenda
January 15, 2007
Page 6 of 12
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 and response
letter addresses our concerns and types of mitigations expected before the
City of Santa Ana proceeds with project.
Motion: It was moved by Council member Davert, seconded by Mayor Pro
T em Amante, to authorize staff to forward the draft response letter to the City
of Santa Ana. Motion carried 5-0.
14. BUILDING INDUSTRY 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 will consolidate all
advertising of development projects.
Motion: It was moved by Councilmember Davert, seconded by
Council member Palmer, to direct the City Manager and/or designee to
negotiate and execute an agreement with the BINOC. 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 Council member 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
City Council Meeting
Action Agenda
January 15, 2007
Page 7 of 12
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.
William O'Toole noted that as of tonight Council is precluded from discussion
with City Council to allow for transparent process. (37.66)
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 Mayor to appoint two City Council members to serve as a
subcommittee and a business community member to oversee and
facilitate the proposal evaluation process and develop a
recommendation to the full City Council. 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.
Staff instructed to prepare ordinance and set for the Council's next scheduled
meeting.
City Council Meeting
Action Agenda
January 15, 2007
Page 8 of 12
18. SOLICITATION ORDINANCE
In response to an increased number of calls for service regarding individuals
soliciting adjacent to ATMs located in various markets within the City, the
Police Department has proposed an ordinance regulating aggressive
solicitations and prohibiting all solicitations in certain areas.
Police Lieutenant Steve Lewis presented staff report.
Motion: It was moved by Councilmember Davert, seconded by
Council member 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 Council member 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).
City Council Meeting
Action Agenda
January 15, 2007
Page 9 of 12
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
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:
. SB12 (Regional Housing Needs Assessment)
. AQMD (Proposed Emission Growth Management Control Measure)
Amante requested that staff report on bill proposed by Senator McClintock
revised Prop 90 and several other bills regarding Eminent Domain that are
pending in Sacramento and staff to report back.
Motion: It was moved by Council member Davert, seconded by Mayor Pro
T em 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 Tem Amante, seconded by
Council member Davert to adopt resolution and sent to local 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
City Council Meeting
Action Agenda
January 15, 2007
Page 10 of 12
SECOND PUBLIC INPUT - None
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 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 Council and
Planning Commission meetings, elimination of roll-off $50 dumpster fee, and direction
on future policy for consideration of ordinance review by Chamber of Commerce
Government Affairs Council.
Council member 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 Southem
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 Cobb, now Chairman of
City Council Meeting
Action Agenda
January 15, 2007
Page 11 of 12
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.
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
City Council Meeting January 15, 2007
Action Agenda Page 12 of 12
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
JANAURY 15, 2007
CALL TO ORDER
8:54 p.m.
ATTENDANCE
Present:
Chair Lou Bone; Chair Pro Tern 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 Chair Pro Tern Amante, seconded by Agency
Member Davert, to approve the Redevelopment Agency Item 1 as recommended by staff.
Motion carried 5-0.
1. APPROVAL OF MINUTES - REGULAR MEETING OF JANUARY 2, 2007
Motion: Approve the Redevelopment Agency Minutes of January 2,2007.
ADJOURNED - 8:55 p.m. - Next regular meeting is scheduled for February 5, 2007 at 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin, California
Community Redevelopment Agency Meeting
Action Agenda
January 15, 2007
Page 1 of 1
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
FEBRUARY 5, 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
Maria R. Huizar, Chief Deputy City Clerk
Douglas C. Holland, City Attorney
Absent:
City Clerk:
Others Present:
PUBLIC INPUT - None
CLOSED SESSION ITEMS
A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
a.1. Aoency Neootiator:
Kristi Recchia, Director of Human Resources
Employee Oroanization:
Employee Oroanization:
Part-Time Unrepresented Employees
Unclassified Confidential Employees
a.2. Aoency Neqotiator:
William A. Huston, City Manager
Employee Oroanization:
Employee Oroanization:
Employee Oroanization:
Supervisory
Management
Executive Management
B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a) - Strayer vs. City of Tustin, Claim No. 05-30
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
February 5, 2007
Page 1 of 12
PUBLIC MEETING
CALL TO ORDER - 7:00 p.m.
INVOCATION - Mayor Bone
PLEDGE OF ALLEGIANCE - Councilmember Jim Palmer
ROLL CALL
Present:
Mayor Lou Bone, Mayor Pro Tern Jerry Amante, Council members
Doug Davert, Tony Kawashima, and Jim Palmer
None
Pamela Stoker
Christine Shingleton, Assistant City Manager and Douglas C.
Holland, City Attorney
Absent:
City Clerk:
Others Present:
CLOSED SESSION REPORT - Nothing to report.
PRESENTATIONS
· Certificate of Recognition presented by Mayor Bone to Pam Gooderham on being
named the 2006 Woman of the Year by the California 70th Assembly District
· Presentation by Erin Runnion on The Joyful Child Foundation
· 2006 Community Development Department Activity Report
PUBLIC HEARING ITEM
1. DESIGNATION OF CITY-OWNED TUSTIN WATER YARD PARKING LOT
AT 235 EAST MAIN STREET AS A PUBLIC PARKING AREA
The City of Tustin owns the Tustin Water Yard property located at 235 East
Main Street, which includes a parking area consisting of 67 parking spaces.
Pursuant to Ordinance No. 1323, which was adopted by the Tustin City
Council on January 15, 2007, the Council may by resolution designate
available City-owned property as a public-parking area to increase the
availability of parking in certain areas of the City.
The use of designated public parking areas for public parking shall be non-
exclusive, and the City Council shall retain the right to concurrently use the
property for whatever additional purposes the City Councilor its designee
reasonably determines are necessary or convenient and consistent with such
parking use.
City Council Meeting
Action Agenda
February 5. 2007
Page 2 of 12
The public hearing opened at 7:17 p.m. There were no speakers and the
hearing closed at 7:18 p.m..
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante to adopt resolution. Motion carried 5-0.
RESOLUTION NO. 07-16 - A resolution of the City Council of the City
of Tustin, California, designating the City-owned Tustin Water Yard
Parking Lot located at 235 East Main Street as a Public Parking Area
FIRST PUBLIC INPUT - No speakers.
CONSENT CALENDAR ITEMS - Agenda items 4, 9, and 14 were pulled for separate
discussion. It was moved by Councilmember Davert, seconded by Councilmember
Palmer, to approve items 2, 3, 5-8, and 10-13. Motion carried 5-0.
2. APPROVAL OF MINUTES - SPECIAL AND REGULAR MEETINGS OF
JANUARY 15, 2007
Motion: Approve the Special and Regular City Council Meeting Minutes of
January 15, 2007.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $1,344,885.50; $1,593,157.41;
and $4,193,367.96; and Payroll in the amount of $907,324.73.
4.
Of. CONTRACT. FOR WATER METER READING .AND
R sERVICE ACTIVITIES
The City of Tustin has been contracting for Customer Service and Meter
Reading activities for approximately nine years. We have received two
proposals to provide these services for the period beginning January 2007
through December 2012. Staff is recommending that the City Council
authorize the execution of an agreement with Alexander's, Inc.
Mayor Bone inquired on automated meter reading system. Finance Director
Ron Nault indicated that it is cost prohibitive, at-the present time.
Motion: It was moved by Mayor Bone, seconded by Council member Davert,
to authorize the Finance Director to sign the agreement with Alexander's, Inc.
when all necessary insurance and other required documentation has been
received. Motion carried 5-0.
5. FINAL PARCEL MAP 2006-103: 1412 AND 1432 EDINGER AVENUE
City Council Meeting
Action Agenda
February 5, 2007
Page 3 of 12
On May 15, 2006, the City Council approved Tentative Parcel Map 2006-103
(Applicant/Owner: HW Pacific Office Plaza, LLC). All conditions associated
with the tentative map approval have been fulfilled and the final map may be
approved and recorded.
Motion: Adopt resolution.
RESOLUTION NO. 07-10 - A resolution of the City Council of the City
of Tustin approving Final Parcel Map 2006-103 for condominium
purposes to accommodate a 66,579 square foot office development at
1412 and 1432 Edinger Avenue, also known as Lot 2 of Lot Line
Adjustment 05-002
6. DESTRUCTION OF RECORDS - CITY CLERK'S OFFICE
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. 07-19 - 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 City Clerk's Office that are no longer
required for conduct of City business pursuant to Government Code
Section 34090 and the City of Tustin's Records Retention Schedule
7. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE
FOR BIDS FOR ANNUAL STRIPING AND PAVEMENT MARKINGS PROGRAM
FOR FISCAL YEARS 2007/2008 THROUGH 2011/2012 (PROJECT NO. 402-
6230)
The current contract for the Annual Striping and Pavement Markings Program
will soon expire. The specifications for the program have been prepared and the
project is now ready to bid. This project will provide for maintenance of existing
citywide striping and pavement markings, and installation of new signing, striping
and pavement markings at various locations.
Motion: Adopt resolution.
RESOLUTION NO. 07-15 - A resolution of the City Council of the City of
Tustin, California for approval of specifications and authorization to
advertise for bids for Annual Striping and Pavement Markings Program for
Fiscal Years 2007/2008 through 2011/2012 (Project No. 402-6230)
8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE MAIN STREET WELL NO.
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Action Agenda
February 5, 2007
Page 4 of 12
4 REHABILITATION PROJECT (CIP NO. 6157)
Construction of the Main Street Well NO.4 Rehabilitation Project (CIP No.
6157) has been completed to the satisfaction of the City Engineer and is now
ready for City Council acceptance.
Motion:
a.a. Adopt resolution;
RESOLUTION NO. 07-13 - 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 Main Street Well NO.4 Rehabilitation Project (CIP
No. 6157)
and direct the City Clerk to:
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.
a.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 retention in the amount of $12,255.00 to General Pump Company,
Inc.
9.
The approval of a Consultant Services Agreement with Fehr & Peers will
provide engineering services to study transit needs and develop visions for
enhancing access to the Tustin Metrolink Station, under the Orange County
Transportation Authority (OCTA) "GO LOCAL Step 1" program.
Mayor Pro Tem Amante commented that program is part of Measure M and
important for overall circulation system.
Council member Davert noted that study will be funded through a grant from
OCTA.
Motion: It was moved by Mayor Bone, seconded by Mayor Pro Tem Amante,
to approve the Consultant Services Agreement with Fehr & Peers to study
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Action Agenda
February 5, 2007
Page 5 of 12
transit needs at the Tustin Metrolink Station in the not to exceed amount of
$94,490, and authorize the Mayor and City Clerk to execute the Agreement
on behalf of the City. Motion carried 4-0-1 (Kawashima abstained due to
conflict of interest).
10. REMOVAL OF MARKED CROSSWALK ON SEVENTEENTH STREET AT
TREE HAVEN DRIVE
Seventeenth Street was resurfaced between Carroll Way and Prospect
Avenue under the FY 2005/2006 Annual Major Pavement Maintenance
Program (CIP No. 7001) and the existing unprotected marked crosswalk on
Seventeenth Street within the project limits at Treehaven Drive was paved
over. It is recommended that the crosswalk not be repainted due to the low
volume of pedestrians, the high volume and speed of the traffic, and the six
lane configuration of Seventeenth Street. California Vehicle Code (CVC)
Section 21950.5 requires that the public be notified and be allowed to provide
input regarding the permanent removal of a marked crosswalk.
Motion: Adopt resolution.
RESOLUTION NO. 07-12 - A resolution of the City Council of the City
of Tustin, California, approving the removal of the marked crosswalk
on Seventeenth Street at Treehaven Drive
11. SURPLUS EQUIPMENT SALES REPORT
Notice of the sale of surplus equipment at public auction in accordance with
Section 1626 of the Tustin Municipal Code.
Motion: Receive and file.
12. ADOPTION OF RESOLUTION NO. 07-17 ORDERING THE PREPARATION
OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL
YEAR 2007-2008
Resolution No. 07-17 orders the preparation of the Engineer's Report for the
Tustin Landscape and Lighting District Levy of Annual Assessments for
Fiscal Year 2007-2008. The purpose of the Engineer's Report is to set forth
findings and the engineering analysis to levy assessments in the Tustin
Landscape and Lighting District for the 2007-2008 Fiscal Year.
Motion: Adopt resolution.
RESOLUTION NO. 07-17 - A resolution of the City Council of the City
of Tustin, California ordering the preparation of an Engineer's Report
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Action Agenda
February 5, 2007
Page 6 of 12
for the Tustin Landscape and Lighting District Levy of annual
assessments for Fiscal Year 2007-2008
13. ADOPTION OF THE ORANGE COUNTY REGIONAL WATER AND
WASTEWATER MULTI-HAZARD MITIGATION PLAN
Federal law requires the City to prepare a hazard mitigation plan in order to
remain eligible for Federal pre and post disaster mitigation funds. The
Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan
will fulfill the City's requirement with regard to water facilities. Staff is
requesting the City Council certify the plan and authorize staff to send a letter
formally notifying the Municipal Water District of Orange of the City's action.
Motion: Approve the Orange County Regional Water and Wastewater Multi-
Hazard Mitigation Plan subject to the incorporation of comments, if any, by
the State Office of Emergency Services and the Federal Emergency
Management Agency upon completion of their review, and direct staff to send
a letter to the Municipal Water District of Orange County certifying the
adoption of the Plan.
14. APPOINTMENTS TO SENiOR ADVISORY BOARD AND SOLID WASTE
EVALUATION SUBCOMMITTEE
Motion: It was moved by Mayor Bone, seconded by Council member Davert,
to:
14.a. Confirm appointment of Jim Palmer as the City Council Liaison
representative to the Senior Advisory Board;
14.b. Designate Doug Davert and Lou Bone as the City Council's Solid
Waste subcommittee to oversee and facilitate the proposal evaluation
process and develop a recommendation to the full City Council; and
14.c. Confirm appointment of Karol Reedy, a representative of the Tustin
Chamber of Commerce, to serve on the Solid Waste Staff Evaluation
Team to ensure that business interests are represented on the
evaluation team.
Motion carried 5-0.
REGULAR BUSINESS ITEMS
15. TRAFFIC ANALYSIS AT PROSPECT AVENUE/BENETA WAY
The intersection of Prospect Avenue/Beneta Way was recently evaluated to
determine if any additional pedestrian improvement measures are needed
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Action Agenda
February 5. 2007
Page 7 of 12
based on current conditions. It was found that installation of an in-pavement
lighted crosswalk system is warranted. An application has been submitted to
the California Department of Transportation (Caltrans) for a "Safe Route to
School" (SRTS) Grant to fund the project.
Staff report presentation by Public Works Director Tim Serlet.
Motion: It was moved by Council member Davert, seconded by Mayor Pro
Tem Amante, to add the Prospect Avenue/Beneta Way Pedestrian
Enhancement Project to the City's FY 2007-08 Capital Improvement
Program, pending approval of a Caltrans "Safe Route to School" Grant.
Motion carried 5-0.
16. FEE WAIVER REQUEST FOR THE TUSTIN AREA COUNCIL FOR FINE
ARTS (TACFA) - BROADWAY IN THE PARK
The Tustin Area Council for Fine Arts has requested a waiver of staff costs,
facility rental and permit fees for the 2007 Broadway in the Park program
scheduled for August 21-26,2007..
Presentation by Barbara Foster of Tustin Area Council for Fine Arts.
Council member Davert requested that staff develop a policy for cost-sharing
program.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Davert to continue consideration of item to the next regularly
scheduled Council meeting. Motion carried 5-0.
17. ORDINANCE FIRST READING - COUNCIL BADGES
Council discussion ensued. City Manager was instructed to send letter to all
former councilmembers on responsibility of badge(s).
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Palmer, to introduce, and have the first reading of Ordinance
No. 1329 and set for second reading at the Council's next scheduled
meeting.
ORDINANCE NO. 1329 - An ordinance of the City of Tustin, California,
adding Part 4 to Chapter 2 of the Tustin City Code relating to City
Council Badges
Motion carried 5-0.
18. INTRODUCTION OF ORDINANCE ESTABLISHING A COMMUNITY
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Action Agenda
February 5, 2007
Page 8 of 12
DEVELOPMENT COMMISSION AS THE GOVERNING BODY OF THE
TUSTIN REDEVELOPMENT AGENCY
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tern Amante, to introduce, and have the first reading of Ordinance No. 1330
and set for second reading at the Council's next scheduled meeting.
ORDINANCE NO. 1330 - An ordinance of the City of Tustin, California,
amending Sections 9500, 9501, 9502, 9503, and 9505 of the Tustin
City Code relating to declaring the need for the establishment of a
Community Development Commission to act as the governing body of
the Tustin Redevelopment Agency
Motion carried 5-0.
19. ORDINANCE SECOND READING: SOLICITATION ORDINANCE
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tern Amante, to have second reading by title only and adoption of Ordinance
No. 1328 (roll call vote).
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.
20. ORDINANCE SECOND READING: DEVELOPMENT AGREEMENT 06-001:
191 AND 193-195 EAST MAIN STREET, TUSTIN (PROSPECT VILLAGE
LP)
Motion: It was moved by Council member Davert, seconded by Mayor Pro
Tern Amante, to have second reading by title only and adoption of Ordinance
No. 1327 (roll call vote).
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.
21. ORDINANCE SECOND READING: AMENDING CITY CODE SECTIONS
4300 THROUGH 4362 RELATED TO SOLID WASTE MANAGEMENT
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February 5, 2007
Page 9 of 12
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. 1325 (roll call vote).
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.
22. AUTHORIZATION FOR REMOVAL AND DONATION OF THREE (3)
EXISTING PARKING LOT LIGHT STANDARDS AND DEMOLITION OF
BUILDING 172 AT TUSTIN LEGACY
Motion: It was moved by Council member Davert, seconded by Mayor Pro
Tem Amante, to:
22.a. Authorize the City Manager or Assistant City Manager to execute a Bill
of Sale and License Agreement by and between the City of Tustin and
Orange County Rescue Mission for the removal and donation of three
(3) existing parking lot light standards owned by the City of Tustin,
subject to review and approval of said Bill of Sale and License by the
City Attorney; and,
22.b. Authorize the City Manager or Assistant City Manager to execute a
License Agreement by and between the City of Tustin and Tustin
Legacy Community Partners, LLC for demolition of Building 172, at no
cost to the City and provided that any cost of demolition would also not
be a recoverable cost under the DDA by the Developer as part of the
DDA Business Plan, subject to review and approval of said License by
the City Attorney.
Motion carried 4-0. Council member Palmer excused himself from
proceedings due to a conflict of interest and left the dais at 8:08 p.m.
Councilmember Palmer did not participate in consideration of this item. He re-
joined the meeting at 8:08 p.m.
23. TUSTIN LEGACY FENCING
Motion: It was moved by Council member Davert, seconded by Mayor Pro
Tem Amante, to authorize the City Manager or Assistant City Manager to
enter into a purchase and installation fencing contract with National
Construction Rentals in an amount not to exceed $97,100 subject to final
contract review and approval by the City Attorney. City Staff are also directed
to at least request Navy reimbursement of the portion of said fencing to be
installed on the regional park site. Motion carried 5-0.
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February 5, 2007
Page 10 of 12
24. CITY COUNCIL - LEGISLATIVE REPORTS
The following legislative items to be considered by City Council:
. ACA 2: California Constitutional Amendment - Eminent Domain (Walters)
and other Redevelopment and Eminent Domain related bills. Staff
advised to continue to monitor bills.
. Area Code 714 Split: Public Utilities Commission is continuing to hold a
series of public meetings to discuss which alternative(s) will be adopted.
Staff advised to continue to monitor issue and make presentation at next
Council meeting.
SECOND PUBLIC INPUT
. John Nielsen, representing Orange County Boys Scouts of America, noted that
Scouting International is celebrating 100th Anniversary, Tustin currently has 20 units,
trying to raise money and will have fund raiser at Irvine Marriott, February 22nd
. Billy C. Hall, President of the Tustin Village Mobile Home Owners Association,
reported that rent continues to increase and asked Council to review and adopt
measures as outlined in the Older Americans Act. Councilmember Davert requested
that Legal Counsel advise the City if violating the Older Americans Act by not
implementing rent control.
OTHER BUSINESS AND COMMITTEE REPORTS
Councilmember Kawashima:
. Requested library project status report at next Council meeting.
Council member Palmer:
. Provided Southern California Association of Governments (SCAG), Community
Economic and Human Development Committee report regarding affordable housing;
. Along with Mayor Pro Tem Amante assisted Tustin Community Foundation in
planning Mayor's Inaugural Dinner;
. Water Advisory Committee of Orange County report, purchasing water is costly, more
wells needed in City;
. Praised the efforts of Cliff Polsan, and Boys & Girls Club of Tustin;
. Asked staff to explore an option to remove encroachment permit fees for solid waste
roll-off containers;
. Requested a goal-setting workshop for Council;
. Requested Council recognition of all Eagle Scouts;
. Requested time-line on cell phone coverage Request for Proposals (RFP); and
. Requested implementation of a citizens survey on improving services prior to budget
discussions in June.
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Action Agenda
February 5, 2007
Page 11 of 12
Council member Davert:
. Orange County Fire Authority working on City's fire protection contract.
Mayor Pro Tem Amante:
· Orange County Transportation Authority Goods Movement workshop discussed
increase of ports and freight transportation and impact on traffic;
. Met with Barry Wallerstein, SCAQMD, and Marian Bergeson, California
Transportation Commission, regarding impact fees added to cost of housing;
. Orange County Transportation Authority Finance & Administration Committee
reviewed investment policy;
· Spoke at panel discussion at UCI on implementation of Measure M, Proposition 1B,
and surrounding development's impact on City;
· Orange County Public Affairs Association luncheon, Orange County Board of
Supervisor's Chairman Norby gave State of County Address;
. Transportation Corridor Agency meeting, litigation of Foothill extension continues;
. Attended Orange County Transportation Authority workshops on Measure M
financing;
. Mayor's Inaugural Dinner, thanked Tustin Community Foundation, Chamber of
Commerce, and staff on efforts to make event a great success;
. Breakfast with Senator Dick Ackerman, spoke on issues of jail crowding, state budget,
and governor's ambitious plans;
. SR 91 Freeway Advisory Committee, freeway and infrastructure improvements;
. Attended Regional Planning & Highways Committee meeting, discussed at length the
22 Freeway improvements, design-build project to be completed at end of summer.
Mayor Bone:
. 230 Years of Community Service banners around town represent the cumulative
anniversaries of the City of Tustin's 80111 Anniversary, and the 50th Anniversaries of
Tustin Tiller Days, Tustin Chamber of Commerce and Tustin Man and Woman of the
Year Committee respectively;
. Thanked everyone involved in the success of 2nd Annual Mayor's Inaugural Dinner;
. Reported that Councilmember Davert's daughter won 2nd place in her category at
Astounding Invention Convention;
. Congressman John Campbell will be at Peel's Coffee and Tea in Tustin on February
19111. and
,
. Requested from Finance Director to move forward with Transit Occupancy Tax.
ADJOURNED -
8:45 P.M. - The next regular meeting of the City Council is
scheduled for Tuesday, February 20, 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 Katrina Bain Kish
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Action Agenda
February 5, 2007
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ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
FEBRUARY 5, 2007
CALL TO ORDER
8:45 p.m.
ATTENDANCE
Present:
Chair Lou Bone; Chair Pro Tem Jerry Amante; Agency Members
Doug Davert, Tony Kawashima, and Jim Palmer
None
Pamela Stoker
Christine Shingleton, Assistant Executive Director and Douglas
C. Holland, City Attorney
Absent:
Recording Secretary:
Others Present:
PUBLIC INPUT - None
REGULAR BUSINESS - It was moved by Chair Pro Tem Amante, seconded by Agency
Member Davert, to approve the Redevelopment Agency Item 1 as recommended by staff.
Motion carried 5-0.
1. APPROVAL OF MINUTES - REGULAR MEETING OF JANUARY 15, 2007
Motion: Approve the Redevelopment Agency Minutes of January 15, 2007.
ADJOURNED - 8:46 p.m. - Next regular meeting is scheduled for Tuesday, February 20,
2007 at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin,
California .
Community Redevelopment Agency Meeting
Action Agenda
February 5, 2007
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