HomeMy WebLinkAbout05 CC Action AgendaITEM #5
Report to the
Planning Cammissian
DATE: JULY 10, 2007
SUBJECT: CITY COUNCIL ACTION AGENDA
JUNE 19 AND JULY 3, 2007
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
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ATTACHMENT: CITY COUNCIL ACTION AGENDA
JUNE 19 AND JULY 3, 2007
ACTION AGENDA
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 egotiators: 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
Action Agenda 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
Action Agenda 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. 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
Action Agenda 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;
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
City Council Meeting June 19, 2007
Action Agenda Page 4 of 12
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
Action Agenda Page 5 of 12
Motion: Ratify the Planning Commission Action Agenda of June 12, 2007.
7.' CANCELLATION OF AUGUST 21, 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 PROGRAM AND
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
(CMP), 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 (CMP) Monitoring Checklists to the Orange County
Transportation Authority.
Motion carried 5-0.
City Council Meeting June 19, 2007
Action Agenda 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:
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
recordation of the Notice of Completion, the City Council authorize
City Council Meeting June 19, 2007
Action Agenda Page 7 of 12
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. FY06 STATE HOMELAND SECURITY GRANT
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
Action Agenda 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 consideration of a potential. recognition program as part of the
City Council Meeting June 19, 2007
Action Agenda Page 9 of 12
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.
RESOLUTION NO. 07-54 - A RESOLUTION OF THE CITY COUNCIL
City Council Meeting June 19, 2007
Action Agenda Page 10 of 12
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:
• 4~' 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;
• Acknowledged staff on productive budget workshop;
City Council Meeting June 19, 2007
Action Agenda Page 11 of 12
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 1-5
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 29~' 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
City Council Meeting June 19, 2007
Action Agenda Page 12 of 12
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JULY 3, 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 DQUg 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)
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 July 3, 2007
Action Agenda Page 1 of 8
PUBLIC MEETING
CALL TO ORDER - 7:00 p.m.
INVOCATION, PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE -
Tustin American Legion
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.
PRESENTATION -Mike Gartlan and Judy Woolen of KB Home presented housing
affordability report
FIRST PUBLIC INPUT -Douglas DiGiore, President of the Cantada Homeowners
Association reported that annual maintenance cost for eucalyptus trees is prohibitive and
inquired if Association could deed back trees to City or use same tree maintenance
agreement as City to lower cost.
PUBLIC HEARINGS
1. PUBLIC HEALTH GOALS (PHGs) 2004-2006 REPORT
Provisions of the California Health and Safety Code specify that California
water utility systems periodically prepare a report and conduct a public
hearing if contaminants are detected above the public health goals (PHGs)
adopted by the California Environmental Protection Agency's Office of
Environmental Health Hazard Assessment (OEHHA) or above the maximum
contaminant level goals (MCLGs) adopted by the United States
Environmental Protection Agency (USEPA). For the reporting period 2004-
2006, Tustin's water system exceeded the PHGs for lead, copper and
coliforms, but was below the EPA's action level. of the mandatory MCL.
Overall, the City is in compliance with all regulatory water quality standards.
Fred Adjarian, Water Services Manager presented staff report. The public
hearing opened at 7:31 p.m. There were no public speakers and the hearing
City Council Meeting July 3, 2007
Action Agenda Page 2 of 8
closed at 7:31 p.m.
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Kawashima, to:
1.a. Conduct a public hearing to accept and respond to public comments
on the 2004-2006 Public Health Goals Report; and
1.b. At the conclusion of the public hearing, approve the 2004-2006 Public
Health Goals Report.
Motion carried 5-0.
2. 2007 ALCOHOLIC BEVERAGE CONTROL GRANT
The Department of Alcoholic Beverage Control (ABC) advertised a total of $3
million in state grant money for local law enforcement agencies throughout
California. In the grant announcement. ABC intended to award 35-40
individual grants of up to $125,000 for Fiscal Year 2007-08. The purpose of
the grants was to enable the selected agencies to expand their efforts in
addressing alcohol-related problems through a comprehensive ABC program
encompassing a wide range of strategies.
The Tustin Police Department was awarded one of the grants in the amount
of $43,200. The money will be used primarily for officer overtime to meet the
basic goals outlined in the grant application.
The public hearing opened at 7:32 p.m. There were no public speakers and
the hearing closed at 7:32 p.m.
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Palmer, to:
2.a. Open and close a Public Hearing;
2.b. Authorize usage of the funds as recommended by the Police
Department; and
2.c. Authorize reimbursement from the Department of Alcoholic Beverage
Control (ABC) to the City of Tustin for the investigation of alcohol-
related crimes, and authorize the Chief of Police to sign any grant
related paperwork on behalf of the City.
Motion carried 5-0.
3. AMENDING MUNICIPAL CODE PROVISIONS ADOPTING COUNTY
City Council Meeting July 3, 2007
Action Agenda Page 3 of 8
ANIMAL CONTROL REGULATIONS BY REFERENCE TO CLEAN UP OUT-
DATEDAND INCORRECT REFERENCES
Pursuant to the City's agreement with the County of Orange for enforcement
of animal control regulations in the City, the City Council previously adopted
the provisions in Titles 4 and 5 of the County Code concerning animal control
and licensing by reference into the City's Municipal Code. Since the City last
went through this statutory incorporation by reference process in 1980, Titles
4 and 5 of the County Code have been amended and reorganized.
City Clerk published notice according to law -June 14 and 21, 2007 in the
Tustin News.
Joe Garcia, Police Captain and Jennifer Phillips, Director OC Animal Care
Services presented staff report. Ms. Phillips presented services offered at
Animal Shelter and proposed Barking Dog Program
Council discussion ensued. Council inquired as to implications of not
adopting barking dog program. Ms. Philips indicated that it was either status
quo or adopt provisions of program as proposed. City Attorney indicated that
Council may adopt own rules and policies as they pertain to barking dogs, but
need to be negotiated with County for those services. Council felt that
intervention efforts are a plus, but need additional time to review program
success before implementing in Tustin. Council requested that Animal Care
Services return in 6 months with data collected and Council would review and
consider program at that time.
The public hearing opened at 8:03 p.m. There were no public speakers and
the hearing closed at 8:03 p.m.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Palmer, to re-introduce Ordinance No. 1340 without the
"Barking Dog" provisions (City Attorney Holland clarified that Tustin City Code
Section 4210(d) related to barking dogs will not be included in motion, and
Orange County Board of Supervisors Ordinance No. 06-011 added two
things -new definition of barking dog and barking dog violations and civil
fines, motion would exclude Subarticle 1 of Article 2 of Division 1 of Title 4
and only adopt definition of barking dog); staff to return with proposal on
Administrative Procedures consistent with attempt to intervene; return to
Council in 6 months with data collected on barking dog program; and
requested community outreach. Motion carried 5-0.
CONSENT CALENDAR ITEMS- Councilmember Davert requested that item #7 be
continued to the July 17th Council Meeting. Councilmember Palmer pulled item #4 for
separate consideration. It was moved by Councilmember Davert, seconded by Mayor
Pro Tem Amante, to approve the balance items on the consent calendar. Motion
carried 5-0.
City Council Meeting July 3, 2007
Action Agenda Page 4 of 8
4. APPROVAL OF MINUTES -SPECIAL MEETING OF JUNE 12, 2007 AND
REGULAR MEETING OF JUNE 19, 2007
Motion: It was moved by Councilmember Palmer, seconded by
Councilmember Davert, to approve the Minutes of the Regular City Council
Meeting held on June 19, 2007 and requested continuance of the Minutes from
the Special City Council Meeting held June 12,2007 to include additional
comments made by the City Council. Motion carried 5-0.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $3,365,962.29 and $3,577.43;
and Payroll in the amount of $631,643.99.
6. CONSIDERATION OF CLAIM OF CHRIS TERRANOVA, CLAIM NO. 07-16
The Claimant reported he was driving past a construction site in Tustin when
a truck pulling out of the site dropped or kicked up some rocks which then hit
the windshield of the Claimant's car. An estimate of the cost to replace the
cracked windshield was submitted in the amount of $1,121.00.
Motion: Deny Claim Number 07-16, Chris Terranova, and direct Staff to send
notice thereof to the Claimant.
7.~ CONSIDERATION OF CLAIM OF JOE WILLIE TURNER, JR., CLAIM NO.
07-18
The Claimant reported that he turned in three weapons (firearms) for
safekeeping purposes to the Tustin Police Department. He was informed that
a State Justice Department release was needed to re-claim the weapons and
stated he sent in the forms and fees on time but the processing took over a
year. After he received his eligibility, he found the firearms had been
destroyed and he is asking to be reimbursed $2,775.00 for the loss of his
property.
Motion: Continue consideration of item to the July 17, 2007 City Council
meeting.
8. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE
Motion: Consistent with League bylaws, appoint Jerry Amante as Voting
Delegate and Lou Bone as Alternate for the League of California Cities'
Annual Business Meeting scheduled for Saturday, September 8, 2007.
City Council Meeting July 3, 2007
Action Agenda Page 5 of 8
9. TUSTIN POLICE SUPPORT SERVICES ASSOCIATION MEMORANDUM
OF UNDERSTANDING (JULY 1, 2007 THROUGH JUNE 30, 2009)
Adoption of the attached Resolution and Memorandum of Understanding will
authorize salary and benefit adjustments, pursuant to previous Council
direction, for employees within the Tustin Police Support Services
Association (TPSSA) bargaining unit.
Motion: Adopt resolution.
RESOLUTION NO. 07-56 - 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 SUPPORT SERVICES ASSOCIATION,
CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND
CONDITIONS OF EMPLOYMENT
10. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES
FOR THE CITY OWNED AND LEASED AREAS AT TUSTIN LEGACY WITH
SPECTRUMCARE LANDSCAPE & IRRIGATION MANAGEMENT, INC.
Approval of the second contract amendment with SpectrumCare Landscape
& Irrigation Management, Inc. is requested to provide for landscape
maintenance services on the remaining City owned and leased parcels at
Tustin Legacy which are located outside of the Master Developer's footprint.
Motion: Approve the Second Amendment to the Agreement between
SpectrumCare Landscape & Irrigation Management, Inc. and the City of
Tustin for landscape maintenance services for City owned and leased
properties at Tustin Legacy, subject to final City Attorney approval.
REGULAR BUSINESS ITEMS
11. ADOPT ORDINANCE NO. 1339 -FORMING COMMUNITY FACILITIES
DISTRICT NO. 07-1 (TUSTIN LEGACY/RETAIL CENTER)
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. 1339 (roll call vote).
ORDINANCE NO. 1339 - AN ORDINANCE OF THE CITY OF TUSTIN
LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY
City Council Meeting July 3, 2007
Action Agenda Page 6 of 8
FACILITIES DISTRICT NO. 07-1
CENTER)
Motion carried 5-0.
12. CITY COUNCIL -LEGISLATIVE REPORTS
(TUSTIN LEGACY/RETAIL
- SB375 (Steinberg). Transportation planning: travel demand models:
preferred growth scenarios: environmental review.
Mayor Pro Tem Amante indicated that proposed bill would not alleviate
global warming and suggested that Council oppose said bill.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Palmer, to oppose SB375 and agendized for formal
action. Motion carried 5-0.
- ACA9 (Devore). Property taxation: Department of Transportation real
property. Mayor Bone requested that this item be agendized for
consideration.
SECOND PUBLIC INPUT -None
OTHER BUSINESS AND COMMITTEE REPORTS
Councilmember Kawashima:
• Tomorrow will be 231St Birthday of our Nation; Tustin Meadows will hold annual
parade and City will have free fireworks display at Tustin High School; and
• Reported that Senior Center will have extended hours during high heat days and will
continue to do so the rest of the Summer on an as-needed basis.
Councilmember Palmer:
• Congratulated Marisa Charette and Board for Chamber of Commerce Gala success;
• Congratulated winners of the small and large businesses of the year -Doctor's
Ambulance and FastFrame of Tustin, respectively; and
• Reported that the City of San Clemente is setting up e-mail alert system and
encouraged staff to look at feature for our new and improved web site in
development.
Councilmember Davert:
• Echoed Councilmember Kawashima's remarks and wished all a happy Fourth of July;
• Reported that President George Bush signed the confirmation of a unanimous Senate
vote to appoint Councilmember Jim Palmer to the position of member of the Board of
Directors of the Corporation for National and Community Service. Board advises the
President on volunteerism and opportunities for community service across the
City Council Meeting July 3, 2007
Action Agenda Page 7 of 8
country, primarily encompassing three major sections - SeniorCorp, AmeriCorp, and
Learn and Serve America. Palmer will be key policy leader and is the only elected
official that serves as a Presidential appointee.
Mayor Pro Tem Amante:
• Congratulated Councilmember Palmer on Presidential appointment;
• Wished all a safe and fabulous Fourth of July;
• Commented on presentation by KB Home -cost of affordable housing - OC Business
Council magazine published report on county lagging on affordable workforce
housing programs, but Tustin has focused on the problem and is on leading edge of
providing housing; and
• Reported that OCTA reviewed report prepared by SCAG on train pollution emission
and recommend electrifying all rails.
Mayor Bone:
• As a member of Metrolink Board and LOSAN not aware of electric trains proposed by
SCAG;
• OCTA Committee on Quiet Zone, Tustin ready and willing to be first to implement
program;
• League of California Cities -Transportation, Communication and Public Works
Committee heard presentation on AT&T, they may be changing policy direction;
• State has not approved budget, has $1 billion shortfall and proposing to use Prop 1 B
funds to balance the State budget;
• Concert in the Park in full swing, 4~' of July fireworks show tomorrow evening and
Tustin Meadows hosts parade at 10 a.m.;
• Announced that Tustin does not allow fireworks or discharge of firearms, may be fined
or jailed; and
• Adjourn meeting in memory of Brad Bridenbecker.
ADJOURNMENT - 8:34 p.m. -The next regular meeting of the City Council is scheduled
for Tuesday, July 17, 2007 in the Council Chamber, 300
Centennial Way, Tustin, California
Adjourn in Memory of former
La Habra City Manager
Brad C. Bridenbecker
City Council Meeting July 3, 2007
Action Agenda Page 8 of 8