Loading...
HomeMy WebLinkAboutCC MINUTES 2007 02 05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA FEBRUARY 5, 2007 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Absent: City Clerk: Others 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 PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 a.1. Agencv Negotiator: Kristi Recchia, Director of Human Resources Employee Organization: Part-Time Unrepresented Employees Employee Organization: Unclassified Confidential Employees a.2. Agency Negotiator: William A. Huston, City Manager (absent) Emplovee Organization: Supervisory Emplovee Organization: Management Emplovee Organization: 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 Minutes February 5, 2007 Page 1 of 13 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 Tem Jerry Amante, Council members Doug Davert, Tony Kawashima, and Jim Palmer Absent: None City Clerk: Pamela Stoker Others Present: Christine Shingleton, Assistant City Manager and Douglas C. Holland, City Attorney CLOSED SESSION REPORT - Nothing to report. PRESENTATIONS · Certificate of Recognition presented by Mayor Bone to Pam Gooderham on being named the 2007 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 Minutes February 5, 2007 Page 2 of 13 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. 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 Councilmember 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. City Council Meeting Minutes February 5, 2007 Page 3 of 13 5. FINAL PARCEL MAP 2006-103: 1412 AND 1432 EDINGER AVENUE 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) City Council Meeting Minutes February 5, 2007 Page 4 of 13 8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE MAIN STREET WELL NO. 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: 8.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. 8.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. 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 (OCT A) "GO LOCAL Step 1" program. Mayor Pro Tem Amante commented that program is part of Measure M and important for overall circulation system. Councilmember Davert noted that study will be funded through a grant from OCTA. City Council Meeting Minutes February 5, 2007 Page 5 of 13 Motion: It was moved by Mayor Bone, seconded by Mayor Pro Tem Amante, to approve the Consultant Services Agreement with Fehr & Peers to study 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 TREEHAVEN 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. City Council Meeting Minutes February 5, 2007 Page 6 of 13 RESOLUTION NO. 07-17 - A resolution of the City Council of the City of Tustin, California ordering the preparation of an Engineer's Report 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. Motion: It was moved by Mayor Bone, seconded by Councilmember 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. City Council Meeting Minutes February 5, 2007 Page 7 of 13 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 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 Councilmember 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 discussion ensued. It was suggested that the City adopt an escalating fee waiver over next few years (250/0, 500/0, and 750/0) due to labor deployment costs; discuss cost-sharing policy; TACFA become self-funded; and process for fee waivers be reviewed. 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. City Council Meeting Minutes February 5, 2007 Page 8 of 13 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 DEVELOPMENT COMMISSION AS THE GOVERNING BODY OF THE TUSTIN REDEVELOPMENT AGENCY Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem 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 Tem 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 Councilmember Davert, seconded by Mayor Pro Tem 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 City Council Meeting Minutes February 5, 2007 Page 9 of 13 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 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. 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 Councilmember 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. Councilmember 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. City Council Meeting Minutes February 5, 2007 Page 10 of 13 23. TUSTIN LEGACY FENCING Motion: It was moved by Councilmember 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. 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 fundraiser 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. Councilmember 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 City Council Meeting Minutes February 5, 2007 Page 11 of 13 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. Councilmember 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 1 B, 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 80th 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 Peet's Coffee and Tea in Tustin on February 19th; and . Requested from Finance Director to move forward with Transit Occupancy Tax. City Council Meeting Minutes February 5, 2007 Page 12 of 13 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 PAMELA STOKER City Clerk LOU BONE, Mayor City Council Meeting Minutes February 5, 2007 Page 13 of 13