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HomeMy WebLinkAboutCC MINUTES 2007 06 19MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JUNE 19, 2007 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; Councilmembers Doug Davert, Tony Kawashima, and Jim Palmer Absent: None City Clerk: Maria R. Huizar, Chief Deputy Others Present: William A. Huston, City Manager and Doug Holland, City Attorney PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 (b) - 2 Cases B. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF LITIGATION pursuant to Government Code Section 54956.9 (c) - 2 Cases C. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency negotiators: Kristi Recchia, Director of Human Resources and Linda Jenson Employee Organization: Tustin Police Officers Association (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) RECESS - At 5:30 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 6:57 p.m. City Council reconvened in public session. City Council Meeting June 19, 2007 Minutes Page 1 of 12 PUBLIC MEETING CALL TO ORDER - 7:01 p.m. INVOCATION - Father AI Baca, St. Cecilia's Church PLEDGE OF ALLEGIANCE - Councilmember Davert ROLL CALL Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; Councilmembers Doug Davert, Tony Kawashima, and Jim Palmer Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Doug Holland, City Attorney CLOSED SESSION REPORT -Nothing to report. PRESENTATIONS • Proclamations presented by Mayor Bone to the following Girl Scout Gold Award Recipients: Carrie Richards, Lauren Hoxie; and Ashley Poole* (*not in attendance) • Certificates of Recognition presented by Mayor Bone to the following members of the Beckman High School Softball Team in recognition of their CIF Championship: Coach -Pete Harrell Assistant Coaches -Pete Henson, Jim Wilson, and Ben Gonzales Team Members: Megan Denio; Katherine Heldreth; Alexandria Boling; Kindra Bennett; Alison Kaprielian; Kari Gonzales; Rachel Lowry; Trista Thomas; Celene Silva; Kelli Gonzales; Angelina Delgado; Kaitlyn Duesler; Angelique Alvarez; Meaghan Smith*; Samantha Dollarhide*; Jasmin Harrell* (*not in attendance) • Presentation on 2007 Citywide Blood Drive FIRST PUBLIC INPUT • Margaret Henke, Sherri Loveland, and AI Benot, representing O.C. Interfaith Coalition for the Environment, urged council to participate and sign the Climate Protection Agreement. City Council Meeting June 19, 2007 Minutes Page 2 of 12 • Abe Arrigotti, President of Sierra Corporate Management, which owns and operates Tustin Village Mobile Home Park, reported that the park's status will be official changed in October of 2007 to an all-age park. PUBLIC HEARINGS 1. CONSIDER THE ESTABLISHMENT OF SOLID WASTE RATES AND PLACING RESIDENTIAL SOLID WASTE RATES ON THE 2007-2008 COUNTY PROPERTY TAX ROLL Pursuant to Proposition 218, a public hearing is required to set solid waste rates. The City's Solid Waste Franchise Agreement with Federal Disposal Service (FDS) provides for an annual adjustment to solid waste rates based on the Producer Price Index (PPI). The rates proposed by CR&R, Inc. in the May 1, 2007 contract award also must be approved by the City Council at a public hearing. Administrative Services Manager, Joe Meyers presented staff report. Two letters of opposition from customers were received. The public hearing opened at 7:35 p.m. There were no public speakers and the hearing closed at 7:35 p.m. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to: 1.a. Open and close a Public Hearing to determine if a majority of City property owners protest the proposed fees and, if no majority protest exists; 1.b. Approve residential and commercial solid waste rate adjustments for Federal Disposal Service related to the Producer Price Index and approve the solid waste rates for CR&R Inc. related to the recently awarded contract; and 1.c. Adopt resolution (requires atwo-thirds vote). RESOLUTION NO. 07-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 5473 ET SEQ. OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA, APPROVING AND ADOPTING SOLID WASTE COLLECTION SERVICES FEES, DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION TO BE COLLECTED AGAINST THE RESPECTIVE LOTS OR PARCELS OF LAND AS THEY APPEAR ON THE CURRENT ASSESSMENT ROLL Motion carried 5-0. City Council Meeting June 19, 2007 Minutes Page 3 of 12 2. CONDUCT A PUBLIC HEARING AND HOLD A SPECIAL ELECTION FOR CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 07-1 (TUSTIN LEGACY/RETAIL CENTER) AND ADOPT VARIOUS RESOLUTIONS AND AN ORDINANCE FORMING THE DISTRICT The actions taken by the City at this time will finalize the formation of the Community Facilities District (CFD) for the Tustin Legacy Retail Center. The City Council will conduct and certify a special election of property owners in the proposed district. The public hearing opened at 7:36 p.m. There were no public speakers and the hearing closed at 7:37 p.m. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to approve items 2.a. through 2.d. Motion carried 5-0. 2.a. Conduct a public hearing to hear presentations by staff and consultants and hear questions and comments from audience; 2.b. Adopt resolution; RESOLUTION NO. 07-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN OF FORMATION OF CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 07-1 (TUSTIN LEGACY/RETAIL CENTER), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT 2.c. Adopt resolution; and RESOLUTION NO. 07-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS WITHIN CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 07-1 (TUSTIN LEGACY/RETAIL CENTER) 2.d. Adopt resolution. RESOLUTION NO. 07-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALLING SPECIAL ELECTION FOR CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 07-1 (TUSTIN LEGACY/RETAIL CENTER) 2.e. City Clerk Stoker opened ballots and announced the results of the election. Vote was 3-0 to approve CFD; City Council Meeting June 19, 2007 Minutes Page 4 of 12 Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to approve 2.f. through 2.h. Motion carried 5-0. 2.f. Adopt resolution; RESOLUTION NO. 07-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN 2.g. Have first reading of Ordinance No. 1339; ORDINANCE NO. 1339 - AN ORDINANCE OF THE CITY OF TUSTIN LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 07-1 (TUSTIN LEGACY/RETAIL CENTER) 2.h. Receive and File the Community Facilities District Report dated June 7, 2007. CONSENT CALENDAR -Mayor Bone pulled item 7 and 8 for separate discussion. It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to approve balance of calendar. Motion carried 5-0. 3. APPROVAL OF MINUTES -REGULAR MEETING OF JUNE 5, 2007 Motion: Approve the Minutes of the Regular City Council Meeting held June 5, 2007. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $668,807.20 and $551,050.34; and Payroll in the amount of $685,653.85. 5. CONSIDERATION OF CLAIM OF JOE AND CONNIE GOMEZ, CLAIM NO. 07-08 Motion: That the City Council deny Claim Number 07-08, Joe and Connie Gomez, and direct Staff to send notice thereof to the Claimants. 6. PLANNING ACTION AGENDA -JUNE 12, 2007 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. City Council Meeting June 19, 2007 Minutes Page 5 of 12 Motion: Ratify the Planning Commission Action Agenda of June 12, 2007. 7 CANCELLATION OF AUGUST 2,1, 2007 COUNCIL MEETING The August 21, 2007 Council meeting is being recommended for cancellation since there will not be a quorum of the City Council on said meeting date. Motion: It was moved by Mayor Bone, seconded by Councilmember Davert, to direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting of August 21, 2007; the City Council hereby waives notice of said meeting as required by the government code. Motion carried 5-0. 8 CITY OF TUSTIN MEASURE M GROWTH MANAGEMENT (~~©GRAM ANC} CONGESTION' MANAGEMENT PROGRAM ANNUAL COMPLIANCE., FISCAL YEAR 2007-2008 In order to maintain eligibility for the Measure M Growth Management Program, the City is required to annually submit a compliance package to the Orange County Transportation Authority (OCTA). For Fiscal Year 2007-2008, that package includes: (1) an updated Seven-Year Capital Improvement Program, (2) a Maintenance of Effort Certification, (3) a Pavement Management Program Certification, (4) Congestion Management Program Monitoring Checklists, and (5) a Growth Management Element Statement of Compliance. Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Davert, to maintain eligibility for the Measure M Growth Management Program (GMP) and the Congestion Management Program (GMP), it is recommended that the City Council take the following actions in compliance with the Measure M GMP and CMP requirements: A. Adopt the draft Measure M Growth Management Program Seven-Year Capital Improvement Program (Fiscal Year 2007-2008 through Fiscal Year 2013-2014). B. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M GMP and CMP eligibility packages, including certification of the City's Maintenance of Effort (MOE), Pavement Management Program (PMP), Growth Management Element Statement of Compliance (GME) and Congestion Management Program (GMP) Monitoring Checklists to the Orange County Transportation Authority. Motion carried 5-0. City Council Meeting June 19, 2007 Minutes Page 6 of 12 9. 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. 10. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION FOR THE PHASE I TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROJECT (VALENCIA AVENUE, FORMERLY VALENCIA NORTH LOOP ROAD; ARMSTRONG AVENUE; LANSDOWNE ROAD; SEVERYNS ROAD; AND KENSINGTON PARK DRIVE, FORMERLY WEST CONNECTOR) (CIP 7139) Construction of the Phase I Tustin Legacy Backbone Infrastructure Project (Valencia Avenue, formerly Valencia North Loop Road; Armstrong Avenue; Lansdowne Road; Severyns Road; and Kensington Park Drive, formerly West Connector) (CIP 7139) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Motion: 10.a. Adopt resolution RESOLUTION NO. 07-48 - 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 PHASE I TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROJECT (VALENCIA AVENUE, FORMERLY VALENCIA NORTH LOOP ROAD; ARMSTRONG AVENUE; LANSDOWNE ROAD; SEVERYNS ROAD; AND KENSINGTON PARK DRIVE, FORMERLY WEST CONNECTOR) (CIP NO. 7139) 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; and 10.b. Assuming no claims or stop payment notices are filed by third parties, it is further recommended that thirty-five (35) days after the date of City Council Meeting June 19, 2007 Minutes Page 7 of 12 recordation of the Notice of Completion, the City Council authorize payment of the final retention in the amount of $650,000.00 to SEMA Construction, Inc. (SEMA). The total final construction contract cost for the project will be determined once all contract change orders and, claims are settled. 11. PUBLIC HEALTH GOALS (PHGs) 2004-2006 REPORT Provisions of the California Health and Safety Code specify that water utility systems larger than (>10,000 service connections) prepare a report every three years and conduct a public hearing to give customers information on levels of contaminants in the drinking water. Staff is requesting that the City Council set a public hearing for July 3, 2007. Motion: It is recommended that the City Council set a public hearing for July 3, 2007 at 7:00 p.m. to accept and respond to public comments on the City of Tustin Water Services' 2004-2006 Public Health Goals Report. 12. TUSTIN POLICE OFFICERS ASSOCIATION - MANAGERS REPRESENTATION UNIT, MEMORANDUM OF UNDERSTANDING (JULY 1, 2007 THROUGH JUNE 30, 2009) Motion: Adopt resolution. RESOLUTION NO. 07-52 - 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 POLICE OFFICERS ASSOCIATION-MANAGERS REPRESENTATION UNIT, CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT 13. 2006 STATE HOMELAND SECURITY GRANT PROGRAM The County of Orange, acting through its Sheriff-Coroner Department is the lead agency for the Orange County Operational Area for Homeland Security. Acting in that capacity, they have applied for, received and accepted a grant from the State of California Office of Homeland Security to enhance county- wide emergency preparedness. Terms of the grant require that certain funds, property or equipment purchased with grant funds be transferred to jurisdictions within the operational area. The City of Tustin, as a part of the operational area, is entitled to participate in the grant. The Police Department proposes to use the FY06 State Homeland Security Grant to purchase items specified in the grant to enhance the city's emergency preparedness. City Council Meeting June 19, 2007 Minutes Page 8 of 12 Motion: Authorize transfer from the County of Orange to the City of .Tustin the following equipment, technology or services: Replacement of Personal Protective Equipment, Joint Hazard Assessment Team, MIR 3, I MAP, O.C. EOC Upgrades, Continual Training, CERT, and MMRS. Authorize the Chief of Police to sign any grant related paperwork on behalf of the City. REGULAR BUSINESS 14. ORDINANCE SECOND READING -DEVELOPMENT AGREEMENT 06-002: TUSTIN LEGACY COMMUNITY PARTNERS, LLC. (PLANNING AREAS 1- 15) Motion: It was moved by Councilmember Davert, seconded by Councilmember Palmer, to have second reading by title only and adoption of Ordinance No. 1336. ORDINANCE NO. 1336 - An ordinance of the City Council of the City of Tustin, California, approving Development Agreement 06-002, as defined by Section 65865.2 of the California Government Code, between the City of Tustin and Tustin Legacy Community Partners, LLC. (the developer), a Delaware Limited Liability Company pertaining to development of the property located within Planning Areas 1-15 of the MCAS Tustin Specific Plan, Tustin, California Motion carried 5-0. 15. PROPOSED CITY BRANDING Council has directed staff to increase communication efforts and the visibility of City programs and services; thus, it is necessary to brand the City to make communications pieces immediately recognizable. Communications Manager Lisa Woolery presented staff report. She noted that traditional City Seal will not be replaced, but used in a more modern way. Branding will be kept simple, recognizable and incorporate our official Seal. Council suggested changing the slogan to "Building our future and honoring our past" and working on color variation of brand selected. Staff was directed to take suggestions and work with council on finished product. 16. LIBRARY DONOR AND RECOGNITION PROGRAM City Council Meeting June 19, 2007 Minutes Page 9 of 12 City Council consideration of a potential recognition program as part of the Tustin Library Project for donors. Assistant City Manager Christine Shingleton presented staff report. Cliff Polsan and Mary Hill representing the Man and Woman of the Year Committee requested recognition for all their winners in the form of a plaque or brick outside of the library or elsewhere in the City. Council requested that recognition outside of the library should be fair, uniform, and available to all non-profit groups. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to direct staff to move forward with design and material selection for insert plaque/payers and return to Council with policy on name recognition program. Motion carried 5-0. 17. APPROPRIATING FUNDS FOR VARIOUS CITY BUDGETS AND APPROPRIATION LIMIT FOR FISCAL YEAR 2007/2008 The City Council is requested to approve resolution adopting the budgets for the City, the Water Enterprise and the Tustin Legacy Enterprise for Fiscal Year 2007/2008. Article XIIIB of the State Constitution requires each City to annually adopt a limit on appropriations for all governmental funds. The following recommendation and attached worksheets are based on the Proposed Budget as presented to the City Council. Motion: It was moved by Councilmember Davert, seconded by Councilmember Kawashima, to 17.a. Approve resolution adopting the City budget and appropriating from the anticipated revenues of the City for fiscal year 2007/2008 Governmental Funds of $70,995,106; Special Revenue Funds, $68,982,230; Water Enterprise Funds, $34,403,464; Tustin Legacy Enterprise Fund of $5,002,727; and the City's FY 2007/2008 Classification/Compensation Plan. RESOLUTION NO. 07-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 2007-2008 17.b. Select the change in the California per Capita Personal Income as the price factor for adjusting the 2007/2008 appropriation limit. 17.c. Adopt resolution. City Council Meeting June 19, 2007 Minutes Page 10 of 12 RESOLUTION NO. 07-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2007-2008 IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE Motion carried 5-0. 18. CITY COUNCIL - LEGISLATIVE REPORTS • ACA 2 and ACA 8 • House of Representatives (H.R.) 2447 -Energy and Environment Block Grant Program Staff directed to monitor legislation. SECOND PUBLIC INPUT • Simon Whitmey, representing Tustin Legacy Community Partners congratulated City on Escrow closing and approval of DDA 06-002. • Walter Sullens, introduced self as American Legion Commander Elect that will assume post on July 1st. OTHER BUSINESS AND COMMITTEE REPORTS Councilmember Kawashima: • 4th of July forthcoming, requested that citizens use caution and only use safe and sane fireworks. Fire Battalion Chief reported that drought is a concern and encouraged public to enjoy fireworks at public display areas. Councilmember Palmer: • Congratulated Currie Middle School students on their successful collection of canned goods for those less fortunate; Beckman High School teacher Darin Hallstrom on receiving Outstanding Contributions to Education Award from the Orange County Board of Education; and Mayor on State of the City Address; and • Condolences to the family of John Sorenson a 30-year teacher at Tustin High School who passed away one week before his retirement. Councilmember Davert: • Announced Summer Concerts begin this Wednesday, free to the public; • Will attend meeting with Mayor Pro Tem Amante and some members of the Tustin Unified School District at the San Ramon Unified School District to discuss experience with moving a high school; City Council Meeting June 19, 2007 Minutes Page 11 of 12 • Acknowledged staff on productive budget workshop; • Attended Tustin Police Promotion and Recognition Ceremony; • Reported that 300 acre parcel at Tustin Legacy portion at the Base has transferred ownership to Shea Properties; and • Congratulated Mayor Pro Tem Amante who has been elected Vice-Chair of the Transportation Corridor Agencies. Mayor Pro Tem Amante: • Reported that he went to New York with OCTA Board to meet with rating houses to discuss possibility of advance funding in the form of bonds and internal borrowing up to $1.6 billion for Measure M2 projects; • Congratulated Mayor and staff on State of the City Address; • Enjoyed the Police Department Open House last weekend; • Met with Councilmember Palmer and Santa Ana Councilmembers Sarmiento and Bustamante to discuss issues of mutual concern including graffiti, traffic, and RHNA housing issues; pledged to work together; • OCTA Board approved $991 Million budget; • Transportation Corridor Agency (TCA) election -Lance MacLean of Mission Viejo is newly elected Chair of Foothill/Eastern Transportation Corridor Agency and Jim Dahl of San Clemente is Chair of San Joaquin Hills Transportation Corridor Agency Board. Board approved funding for analysis to join the San Joaquin Hills and Foothill/Eastern Transportation Corridor Agencies into one (Toll Road System) to finance the completion of the 241 Toll Road; Thomas Margro was appointed to the position of Chief Executive Officer; • Attended OCTA's 2020 and Regional Planning Committees -forward planning on I-5 gateway project over the next 3 years that will extend to LA County border; • Friday is Chamber Gala and installation of new president and board members; and • Mother welcomed home after a slight stroke. Mayor Bone: • Reported that Sign Ordinance is now in effect; • Congratulated Mayor Pro Tem Amante on Vice-Chair on TCA Board; • Will attend meeting with OCTA on Quiet Zone; and • June 29th will open AMC Theatre at Tustin Legacy. ADJOURNED - 8:34 P.M. -The next regular meeting of the City Council is scheduled for Tuesday, July 3, 2007 at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California LOU BONE, Mayor PAMELA STOKER City Clerk City Council Meeting Minutes June 19, 2007 Page 12 of 12