HomeMy WebLinkAbout03 CC Action Agenda 7-17-07ITEM #3
Report to the
Planning Commission
DATE: JULY 24, 2007
SUBJECT: CITY COUNCIL ACTION AGENDA
JULY 17, 2007
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
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ATTACHMENT: CITY COUNCIL ACTION AGENDA
JULY 17, 2007
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JULY 17, 2007
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; Councilmembers
Doug Davert, and Jim Palmer
Absent: Tony Kawashima
City Clerk: Maria R. Huizar, Chief Deputy City Clerk
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)
City Attorney Holland announced that the need to take immediate action arose
subsequent to the posting of the Agenda and the following item must be added to the
Closed Session Agenda. (Requires a 2/3 vote).
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8
City Council Meeting July 17, 2007
Action Agenda Page 1 of 11
Property: Tustin U.S. Army Reserve Center, located at
2345 Barranca Parkway, Orange County,
California.
City Negotiators: William Huston, City Manager, and Christine
Shingleton, Assistant City Manager, on behalf of
the City of Tustin
Negotiators: Mr. William Birney, Assistant for Real Property
Office of the Deputy Assistant Secretary of the
Army for Installations and Housing on behalf of
the United States Army and Vestar Development
Company
Under Negotiation: Price and Terms of Payment
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.
PUBLIC MEETING
CALL TO ORDER - 7:00 p.m.
INVOCATION - Father AI Baca, St. Cecilia's Church
PLEDGE OF ALLEGIANCE - Councilmember Kawashima
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.
FIRST PUBLIC INPUT
City Council Meeting July 17, 2007
Action Agenda Page 2 of 11
The following residents spoke on vehicle code violations in the Tustin Ranch area:
• Scott Monroe, spoke on speeding and other vehicle code violations at Tustin Ranch,
police not able to enforce in gated area, elementary schools in close proximity, speed
bumps would add to fire department response time, HOA willing to pay for police
overtime. Councilmember Davert requested staff report with options -suggested City
review Coto de Caza plan for using the California Highway Patrol/Sherriff's
Department.
• Elain Nermon -radar trailers have been installed but not effective because no
enforcement, children are in danger. Requested police enforcement.
• Dennis A. Shirley -area is in a school zone, police needs to be pro-active rather than
re-active. Indicated that Irvine gated area across the street is using Irvine Police and
have been successful. HOA is willing to provide financial assistance.
The following spoke on item #15 on the Agenda:
• Ned Smith, Tustin Chamber of Commerce representative, read letter into the record.
Section 2B, provides for removal of graffiti within 48 hours, suggested Ordinance
exclude weekends and provide language for inclement weather.
• Robert "Bob" Stiens, representing Southern California Edison, suggested ordinance
be ameded to 2 business days instead of 48 hours. Implemented program in Tustin
to remove graffiti and have been very successful.
City Manager Huston -staff will hopefully have report at next meeting including possible
speed surveys and radar enforcement, there are technical issues that need to be worked
through, will review Police authority in gated/private streets, state law and stay in contact
with residents.
Councilmember Davert -lay out options, is speed survey necessary in school zones,
obtain cost estimates and discuss with homeowners associaiton.
Mayor Pro Tem Amante -taxpayers/associations shouldn't have to pick up tab for
enforcement of safety issues, especially in school zones.
City Manager Huston -not finnncial issue but enforcement is driven by state regulations.
CONSENT CALENDAR ITEMS -Mayor Pro Tem Amante requested that item #10 be
pulled for separate action. It was moved by Councilmember Davert, seconded by
Councilmember Kawashima, to approve the balance items on the consent calendar.
Motion carried 5-0.
1. APPROVAL OF MINUTES -SPECIAL MEETING OF JUNE 12, 2007 AND
REGULAR MEETING OF JULY 3, 2007
Motion: Approve the Minutes of the Special and Regular City Council Meetings
held June 12 and July 3 respectively.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
City Council Meeting July 17, 2007
Action Agenda Page 3 of 11
Motion: Approve demands in the amounts of $1,291,021.97 and $770,450.95;
and Payroll in the amount of $666,211.57.
3. PLANNING ACTION AGENDA -JULY 10, 2007
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: Ratify the Planning Commission Action Agenda of July 10, 2007.
4. CONSIDERATION OF CLAIM OF JOE WILLIE TURNER, JR., CLAIM NO.
07-18
At the request of Council, this item was continued from the July 3, 2007
Council meeting. 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: Deny Claim Number 07-18, Joe Willie Turner, Jr., and direct Staff to
send notice thereof to the Claimant's attorney.
5. CONSIDERATION OF CLAIM OF CYNTHIA ANAYA, CLAIM NO. 07-15
The Claimant reported that her vehicle was parked out in front of her job
location and it was very windy at the time. A tree branch fell on top of her car
and damaged the top rails, passenger side mirror, antenna, a windshield.
wiper, and the hood and side of the car. She provided a repair estimate of
$3,552.22.
Motion: Deny Claim Number 07-15, Cynthia Anaya, and direct Staff to send
notice thereof to the Claimant.
6. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE FIRST STREET/B STREET
PEDESTRIAN ENHANCEMENTS (CIP NO. 4068)
Motion:
6.a. Adopt resolution;
City Council Meeting July 17, 2007
Action Agenda Page 4 of 11
RESOLUTION NO. 07-57 - 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 FIRST STREET/B STREET PEDESTRIAN ENHANCEMENTS
(CIP N0.4068)
6.b. 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
6.c. 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 10% retention in the amount of $34,406.50 to Pouk & Steinle, Inc.
The total final construction contract cost for the project, including
contract change orders, is $344,064.97.
7. AUTHORIZATION TO INSTALL ALL-WAY STOP CONTROLS AT THE
INTERSECTION OF MYRTLE AVENUE AND THIRD STREET
An analysis of traffic control at the intersection of Myrtle Avenue and Third
Street has been completed. It has been determined that the installation of all-
way stop controls for this intersection are appropriate for assignment of
vehicular right-of-way.
Motion: Adopt resolution.
RESOLUTION NO. 07-49 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA DESIGNATING THE
LOCATION OF CERTAIN ALL-WAY STOP CONTROL
INTERSECTIONS
8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE DRILLING OF THE
PASADENA AVENUE WELL (CIP 6130)
Motion:
8.a. Adopt resolution;
City Council Meeting July 17, 2007
Action Agenda Page 5 of 11
RESOLUTION NO. 07-55 - 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 DRILLING OF THE
PASADENA AVENUE WELL (CIP NO. 6130)
8.b. 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.c. 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 10% retention in the amount of $113,228.05 to Zim Industries, Inc.
dba Bakersfield Well & Pump Co. The total final construction contract
cost for the drilling phase of the project is $1,132,280.50.
9. APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF TUSTIN AND
COUNTY OF ORANGE
Motion: Subject to non-substantial modifications as may be determined
necessary by the City's Special Counsel prior to execution by all parties,
approve and authorize the City Manager, or designee to execute the
Agreement between the City of Tustin and County of Orange related to the
Tustin Family Campus and to carry out all actions necessary to implement
the Agreement including the execution of all related documents.
10. CITY OF TUSTIN RESPONSE TO NOP FOR SCAG 2008 RTP/RCP EIR
City Council authorization is requested for the City of Tustin's response to the
subject Notice of Preparation of a Program Environmental Impact Report for
the Southern California Association of Governments (SCAG) 2008 Regional
Transportation Plan (RTP) and Regional Comprehensive Plan (RCP).
Mayor Pro Tem Amante pulled item to highlight importance of letter and
thanked staff.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Davert, to authorize staff to forward the draft response letter
to the Southern California Association of Governments (SCAG). Motion
City Council Meeting July 17, 2007
Action Agenda Page 6 of 11
carried 5-0.
11. INTRODUCE ORDINANCE NO. 1341 - AMENDING CHAPTER 9 TO
ARTICLE 6 OF THE TUSTIN CITY CODE REGARDING BURGLARY AND
ROBBERY ALARM SYSTEMS
Staff has identified minor revisions that are necessary in the Alarm Ordinance
(Tustin City Code Sections 6900-6920). Section 6914(c) will be amended to
be consistent with Section 6915(2) concerning the number of false alarms
required before a permit may be revoked. The ordinance also allows the City
Manager to appoint a designee to preside over the appeal hearings.
Motion: Introduce and waive first reading of ordinance; and set for adoption
at the Council's next scheduled meeting.
ORDINANCE NO. 1341 - AN ORDINANCE OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTIONS 6901, 6916, 6917,
6918, AND SUBSECTION (C) OF SECTION 6914 OF THE TUSTIN
CITY CODE, REGARDING BURGLARY AND ROBBERY ALARM
SYSTEMS
REGULAR BUSINESS ITEMS
12. INTERVIEW AND APPOINT MEMBER TO THE AUDIT COMMISSION
The City Council will conduct interviews and appoint one (1) member to the
Audit Commission. The vacancy is due to the resignation of Thomas Stroud
with a term expiring March 1, 2011.
Audit Commission applicants: Dr. Bernard Miller; Craig Shimomura; and
Anthony Kuo
Ballots were cast by Council to fill one (1) unexpired four-year term on the
Audit Commission. Pamela Stoker, City Clerk, reported the ballot tally as
follows: by unanimous consent appointed Craig Shimomura to the Audit
Commission to fill an unexpired four-year term expiring March 1, 2011.
13. TUSTIN PUBLIC SCHOOLS FOUNDATION REQUEST FOR FEE WAIVER
AND PERMIT FOR THE 2007 DINOSAUR DASH
The Tustin Public Schools Foundation has requested a waiver of staff costs,
equipment rental and permit fees for the 2007 Dinosaur Dash, which will be
held on Sunday, November 4, 2007.
City Council Meeting July 17, 2007
Action Agenda Page 7 of 11
Julie Hirz and Jim Remick of TPSF summarized event, over 7,000 runners,
funds raised benefit students and teachers.
Councilmember Davert -City's practice has been to donate 75% in first year.
Proposed adding $4,000 for recertification cost, for a total waiver of fees
totaling $14,400.
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Palmer, to add $4,000 for recertification cost to total request,
waive 75% of total fees and equipment totaling $14,400 (total amount with
recertification cost was $19,200), and issue a permit for the 2007 Dinosaur
Dash. Motion carried 5-0.
14. ADOPT ORDINANCE NO. 1340 - AMENDING MUNICIPAL CODE
PROVISIONS ADOPTING COUNTY ANIMAL CONTROL REGULATIONS
BY REFERENCE TO CLEAN UP OUT-DATED AND 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.
Mayor Pro Tem Amante -would like to come up with regulatory control,
decriminalize process and work with dog owners to take responsibility for
dog. Asked staff to come back with administrative process that encourages
training and not imposes fees.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to adopt Ordinance No. 1340.
ORDINANCE NO. 1340 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN AMENDING CHAPTER 2 OF TITLE 4 OF
THE TUSTIN MUNICIPAL CODE PERTAINING TO ANIMALS AND
FOWL
Motion carried 5-0. (Roll call vote)
15. INTRODUCE ORDINANCE NO. 1338 - GRAFFITI REMOVAL -
STRUCTURES ON PUBLIC PROPERTY
Ordinance No. 1338 would add Section 5707 b. to the Tustin City Code
requiring that owners of private structures in the public right of
way/easements remove graffiti within 48 hours of notification. Cable boxes,
City Council Meeting July 17, 2007
Action Agenda Page 8 of 11
utility boxes, poles, and other similar appurtenances and structures
("structures") are targets for graffiti. These structures in the public rights of
way have and are increasing in size and number .and the owners of the
structures have not been proactive in removing graffiti.
Staff report presentation by Community Development Director Elizabeth
Binsack.
Mayor Bone
• suggested 24 hours after weekend
• SCE doing great job removing graffiti and thanked them for efforts
Councilmember Davert
• goal is to get graffiti cleaned up in reasonable time, utility companies are
responsive, willing to work with utility companies
• graffiti not exclusive to weekends
Mayor Pro Tem Amante
• conscious of weekend cleanup limitation, SCE responsive, but not all
utility companies as responsive
• language does provide enough time
• graffiti proliferation
Binsack suggested following language: Ordinance No. 1338, page 2, line
4...If notice is provided by the City by close of business day on a Friday, the
removal shall occur no later than the immediately following day by close of
business day.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to introduce and waive first reading of Ordinance No. 1338 as
amended (If notice is provided by the City by close of business day on a
Friday, the removal shall occur no later than the immediately following day by
close of business day.); and, set for second reading at the Council's next
scheduled meeting.
ORDINANCE NO. 1338 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 7
SECTION 5707 OF THE TUSTIN CITY CODE RELATING TO
REMOVAL OF GRAFFITI FROM STRUCTURES ON PUBLIC
PROPERTY
Motion carried 5-0.
16. POLICY FOR FUNDING NON-PROFIT ORGANIZATIONS
The City Council has discussed the need for a policy concerning funding of
non-profit organizations seeking financial assistance from the City. Through
City Council Meeting July 17, 2007
Action Agenda Page 9 of 11
its discussions, the City Council directed staff to prepare for the City Council's
consideration a policy under which the Tustin Community Foundation would
review and make recommendations to the City Council regarding applications
for funding.
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Kawashima, to continue consideration of Resolution No. 07-58
for 30 days. Motion carried 5-0.
17. LEGISLATIVE REPORTS
• At the request of the Council, staff has prepared a draft letter in
opposition to SB375. SB375 (Steinberg). Transportation planning: travel
demand models: preferred growth scenarios: environmental review.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Davert, to send letter of opposition. Motion carried 5-0.
• Staff is continuing to monitor the following legislative items and will report
back to Council:
- ACAS (Devore). Property taxation: Department of Transportation real
property
Amante -Senator Devore continue to next meeting
- HR2447. Energy & Environmental Block Grant
Councilmember Davert -reported. on status of SB645 Sanitation District,
supports Design Bill not Bid Build process.
Mayor Bone -reported on OC League's opposition SB303 helped defeat bill.
SECOND PUBLIC INPUT -Bob Machado inquired as to status of policy for non-profits
organizations. Would like to participate in the Tustin Community Foundation, needs
meeting schedule.
OTHER BUSINESS AND COMMITTEE REPORTS
Councilmember Kawashima:
• Thanked community for attending Fourth of July events -firework show and Tustin
Meadows parade;
• Requested City Branding update; and
• Graffiti removal process being tracked with efforts by Police and Public Works
Departments. Lt. Celano indicated that graffiti reduction strategy will include
enforcement, education, and coordination with school district.
City Council Meeting July 17, 2007
Action Agenda Page 10 of 11
Councilmember Palmer:
• Water Advisory Committee of Orange County report -water usage is up;
• Santa Ana River Flood Protection Agency -reduced operating budget by 20%;
• Thanked Santa Ana Rotary Club for hosting free dental clinic at senior center;
• Thanked Tustin Big Brothers & Big Sisters for bicycle donations;
• Congratulated Tustin's EI Pollo Loco cook, Nazario Leal for winning the Top Grill
Master award in the 15"' Annual Perfect Pollo Challenge Cook-off; and
• Congratulated Tustin Historical Society on new website.
Mayor Pro Tem Amante:
• Orange County Transit Authority bus strike is over, contract approved, Board
approved Measure M renewal projects, $6 million to Tustin for implementation of 53
Grade Crossing Separation and Quiet Zone projects;
• Transportation Corridor Agency appointed new Chief Executive Officer, Tom Margro,
Financial Options Committee is sending out RFP's to review financial loans;
• Responded to Bob Machado's comment about funding for non-profits, foundation
working diligently applying policies approved by Council, foundation will have
leverage to continue working on projects.
Mayor Bone:
• Southern California Association of Governments - RHNA process addressed at last
meeting, City of La Mirada filed lawsuit with Irvine and La Habra expected to do
same; search firm has been hired for executive director position;
• Congratulated Finance Director on receiving Comprehensive Annual Budget Award of
Excellence in financial reporting, highest recognition;
• Governor investing $17 million on alternate fuel vehicles, not as effective as prior
vehicles; and
• Adjourn in Memory of Tom Metcalf.
ADJOURNMENT - 8:17 p.m. -The next regular meeting of the City Council is
scheduled for Tuesday, August 7, 2007 in the Council Chamber,
300 Centennial Way, Tustin, California
Adjourn in Memory of
Tom Metcalf
City Council Meeting July 17, 2007
Action Agenda Page 11 of 11
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
JULY 17, 2007
CALL TO ORDER
ATTENDANCE
Present:
Absent:
Recording Secretary:
Others Present:
PUBLIC INPUT -None
8:17 p.m.
Chair Lou Bone; Chair Pro Tem 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
REGULAR BUSINESS ITEMS - It was moved by Chair Pro Tem Jerry Amante, seconded
by Agency Member Davert, to approve item 1. Motion carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF JULY 3, 2007
Motion: Approve the Redevelopment Agency Minutes of July 3, 2007
ADJOURNED - 8:18 p.m. -The next regular meeting is scheduled for Tuesday,
August 7, 2007 at 7:00 p.m. in the Council Chamber, 300 Centennial
Way, Tustin, California
Community Redevelopment Agency Meeting July 17, 2007
Action Agenda Page 1 of 1