HomeMy WebLinkAboutCC MINUTES 2007 09 04MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
SEPTEMBER 4, 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 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 LEGAL COUNSEL -PENDING LITIGATION pursuant to
Government Code Section 54956.9 -Hill vs. City of Tustin
PUBLIC MEETING
CALL TO ORDER - 7:00 P.M.
INVOCATION -Christopher Pham, Parochial Vicar, St. Cecilia Church
PLEDGE OF ALLEGIANCE -Mayor Bone
City Council Meeting September 4, 2007
Minutes Page 1 of 12
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 -Council provided instruction to City Attorney on Hill vs.
City of Tustin case.
PRESENTATIONS
• Presentation by Jeff Thompson, Chair of the Orange County Transportation
Authority's Citizens Advisory Committee
• Certificate of Recognition presented by Mayor Bone to Gary Lee Bastien III in
attainment of the Eagle Scout designation
FIRST PUBLIC INPUT -None
PUBLIC HEARING ITEMS
1. PUBLIC HEARING -ZONE CHANGE 06-002, TENTATIVE TRACT MAP
17096 (1972 MITCHELL AVENUE AND 14251-14351 BROWNING AVENUE)
The project is the proposed redevelopment of a 60-unit apartment complex
on a 4.1- acre (net area) site with 77 condominium units referred to as
"Hampton Village." The project site is located within the Suburban
Residential (R-4) zoning district at 1972 Mitchell Avenue and 14251-14351
Browning Avenue at the southwest corner of Mitchell Avenue and Browning
Avenue (APN 432-342-30).
On August 28, 2007, the Planning Commission conducted a public hearing.
The Planning Commission continued the public hearing to the September 11,
2007, meeting of the Planning Commission to allow the applicant and staff
respond to the noted concerns.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to continue Zone Change 06-001 and Tentative Tract Map
17096 for the proposed Hampton Village project to the September 18, 2007,
City Council meeting. Motion carried 5-0.
2. PUBLIC HEARING -SUPPLEMENTAL LAW ENFORCEMENT SERVICES
City Council Meeting September 4, 2007
Minutes Page 2 of 12
FUND (SLESF)
The Tustin Police Department is proposing that this year's allocation be used
to staff the Crime Analyst position for a second consecutive year, purchase
additional analysis software programs to enhance analysis ability; purchase a
remote surveillance system for the Special Investigations Unit, and devote
any funds remaining toward the purchase of Taser equipment.
Police Chief Scott Jordan presented staff report. The public hearing opened
at 7:16 p.m. There were no public speakers and the hearing closed at 7:16
p.m.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to:
2.a. Open and close a Public Hearing; and
2.b. Authorize usage of the funds as recommended by the Police
Department.
Motion carried 5-0.
3. CONTINUED PUBLIC HEARING - AMEND THE COMPREHENSIVE
SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES
This item was continued from the August 7, 2007 Council Meeting. Annually,
City departments review the Comprehensive Schedule of Fees and Charges
as they apply to their respective departments. The Building Division and
Public Works Department have identified some fees that need to be modified
or deleted. Also per Evidence Code §1563, the City wishes to standardize
the fees as they apply to third party civil subpoenas. State law allows the
collection of $150 per day, per person for witness fees and actual cost
reimbursed for production of materials. Proposed modifications to the Fee
Schedule are outlined in agenda report and included in Resolution No. 07-60.
Said resolution deletes, and modifies only a small number of fees, with the
bulk of the fees remaining the same. Said resolution deletes, adds and
modifies only a small number of fees, with the bulk of the fees remaining the
same.
The public hearing opened at 7:17 p.m. There were no public speakers and
the hearing closed at 7:17 p.m.
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Kawashima, to:
3.a. Open and close Public Hearing; and
City Council Meeting September 4, 2007
Minutes Page 3 of 12
3.b. Adopt resolution.
RESOLUTION NO. 07-60 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN AMENDING THE CITY-WIDE
COMPREHENSIVE SCHEDULE OF FEES AND REPEALING
RESOLUTION NO. 06-85
Motion carried 5-0.
CONSENT CALENDAR ITEMS - It was moved by Councilmember Davert, seconded
by Councilmember Kawashima, to approve consent calendar items as recommended
by staff. Motion carried 5-0.
4. APPROVAL OF MINUTES -REGULAR MEETING OF AUGUST 7, 2007
Motion: Approve the Minutes of the Regular City Council Meeting held August
7, 2007.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $1,564,731.79; $281,275.01;
$1,574,849.07; and $967,713.99; and Payroll in the amount of $664,108.54
and $664,387.79.
6. PLANNING ACTION AGENDAS -AUGUST 14 AND 28, 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 Agendas of August 14 and
28, 2007.
7. CONSIDERATION OF CLAIM OF SANDRA BON, CLAIM NUMBER 07-21
The Claimant has reported that roots from a City tree on the parkway in front
of her home infested a drain line and sewage backed up into the house. She
is requesting reimbursement fora plumber's invoice in the amount of
$9,998.00.
Motion: Deny Claim Number 07-21, Sandra Bon, and direct Staff to send
notice thereof to the Claimant.
8. INSTALLATION OF ON-STREET PARKING ALONG PARKCENTER LANE
City Council Meeting September 4, 2007
Minutes Page 4 of 12
AT CAMINO REAL PARK
Requests have been received to allow parking on Parkcenter Lane adjacent
to Camino Real Park. An evaluation has been performed for the installation of
on-street parking along the easterly side of Parkcenter Lane between Black
Hawk and Pima. Parking is proposed which would require modification of the
signing and striping on Parkcenter Lane to allow approximately 19 on-street
parking spaces along the frontage of Camino Real Park.
Motion: Modify existing signs and striping to allow on-street parking along
the easterly side of Parkcenter Lane between Black Hawk and Pima adjacent
to Camino Real Park from 8:00 a.m. to 10:00 p.m.
9. DECLARATION OF SURPLUS EQUIPMENT (PUBLIC WORKS
DEPARTMENT)
The vehicles and related equipment were either replaced as part of the
normal rotation and replacement of equipment program or no longer needed
for public use.
Motion: Declare the equipment detailed in the staff report as surplus and not
required for public use in accordance with the Tustin City Code, Section 1626
and authorize the Public Works Department to sell the equipment at public
auction.
10. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE IRVINE BOULEVARD
REHABILITATION BETWEEN RANCHWOOD ROAD AND JAMBOREE
ROAD (CIP NO. 7181), AND THE JAMBOREE ROAD REHABILITATION
BETWEEN IRVINE BOULEVARD AND 1350 FEET NORTH OF TUSTIN
RANCH ROAD (CIP NOS. 7182, 7183 & 7184)
Motion:
10.a. Adopt resolution;
RESOLUTION NO. 07-68 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS
OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF
THF_ NOTICE OF COMPLETION FOR THE CONSTRUCTION OF
THE IRVINE BOULEVARD REHABILITATION BETWEEN
RANCHWOOD ROAD AND JAMBOREE ROAD (CIP NO. 7181), AND
THE JAMBOREE ROAD REHABILITATION BETWEEN IRVINE
BOULEVARD AND 1350 FEET NORTH OF TUSTIN RANCH ROAD
(CIP NOS. 7182, 7183 & 7184)
City Council Meeting September 4, 2007
Minutes Page 5 of 12
10.b. Authorize the recordation of the Notice of Completion, 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.
10.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 $324,459.29 to All American
Asphalt. The total final construction contract cost for the project is
$3,244,592.93.
11. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE CITY PROPERTY
IMPROVEMENTS AT 450 EL CAMINO REAL (CIP NO. 1040)
Motion:
11.a. Adopt resolution;
RESOLUTION NO. 07-71 - 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 CITY PROPERTY IMPROVEMENTS AT 450 EL CAMINO REAL
(CIP NO. 1040)
11.b. Direct the City Clerk to:
1. Release the Labor and Materials Bond not sooner than thirty-five
35 days after 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
11.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 $8,338.43 to Green Giant
Landscape, Inc. The total final construction contract cost for the project
including contract change orders, is $83,384.28.
City Council Meeting September 4, 2007
Minutes Page 6 of 12
12. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE ANNUAL MAJOR
PAVEMENT MAINTENANCE PROJECT, FY 2006-2007 (CIP NO. 7001)
AND THE ANNUAL SIDEWALK REPAIR PROJECT, FY 2006-2007
(PROJECT NO.402-6235)
Motion:
12.a. Adopt resolution;
RESOLUTION NO. 07-72 - 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 ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY
2006-2007 (CIP NO. 7001) AND THE ANNUAL SIDEWALK REPAIR
PROJECT, FY 2006-2007 (PROJECT NO. 402-6235)
12.b. 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
12.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 $64,890.06 to All American
Asphalt. The total final construction contract cost for the project,
including contract change orders, is $648,900.64.
13. AUTHORIZATION TO PURCHASE TWO EXTENDED CAB MINI PICKUP
TRUCKS WITH ACCESSORIES FOR PUBLIC WORKS
DEPARTMENT/FIELD SERVICES DIVISION
Motion: Award the bid for the purchase of two (2) extended cab mini pickup
trucks to Victor Buick GMC, Corona, CA, in the amount of $34,263.36.
14. AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO SIGN VARIOUS DOCUMENTS REQUIRED BY THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR FEDERAL
AND/OR STATE FUNDED TRANSPORTATION IMPROVEMENT
City Council Meeting September 4, 2007
Minutes Page 7 of 12
PROJECTS
Motion: Adopt resolution.
RESOLUTION NO. 07-70 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO SIGN
VARIOUS DOCUMENTS REQUIRED BY THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR FEDERAL AND/OR
STATE FUNDED TRANSPORTATION IMPROVEMENT PROJECTS
15. WORKING CAPITAL LOAN AND ADMINISTRATIVE SERVICES
AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
The approval of this loan and administrative services agreement between the
City of Tustin and the Tustin Community Redevelopment Agency will comply
with Section 33675 of the California Health and Safety Code regarding the
allocation and payment of tax increment to Redevelopment Agencies, and
provide the resources necessary to carry out the Agency's programs.
Motion:
15.a. Approve Working Capital loan of $4,000,000 to the South Central
Project Area through August 31, 2008; and
15.b. Authorize the Mayor and the Chairperson of the Agency to execute the
attached agreement for 2007-2008, offering and accepting a loan and
various services from the City to the Agency totaling $4,850,000 for
Fiscal Year 2007-2008.
16. APPROVAL OF PRE-QUALIFIED GENERAL CONTRACTORS AND
APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE TUSTIN LIBRARY PROJECT (CIP NO.
1045)
Motion:
16.a. Approve the list of pre-qualified general contractors as identified in
Exhibit "A" of staff report, as eligible general contractors to bid the
project; and
16.b. Adopt resolution.
RESOLUTION NO. 07-69 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND
City Council Meeting September 4, 2007
Minutes Page 8 of 12
SPECIFICATIONS FOR THE TUSTIN LIBRARY PROJECT (CIP NO.
1045), AND AUTHORIZING ADVERTISEMENT FOR BIDS TO A LIST
OF PRE-QUALIFIED GENERAL CONTRACTORS
17. INTRODUCE AND WAIVE READING OF AN ORDINANCE AMENDING
SECTION 1260 OF THE TUSTIN CITY CODE RELATING TO CITY
COUNCIL BADGES (ORDINANCE NO. 1342)
This action recommends an amendment to the recently adopted council
badges ordinance in response to an opinion of the Attorney General. This
ordinance would allow the City Manager to devise appropriate means of
identification for members of the City Council consistent with the provisions of
state law and the Attorney's General Opinion.
Motion:
17.a. Introduce and hold first reading of Ordinance No. 1342 by title only and
set for second reading at the Council's next scheduled meeting; and
ORDINANCE NO. 1342 - AN ORDINANCE OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTION 1260 OF THE TUSTIN
CITY CODE RELATING TO CITY COUNCIL BADGES
17.b. Instruct the City Attorney to forward the Attorney General opinion to all
former members of the City Council and advise them of the potential
liability suggested therein.
18. AMENDMENT TO THE TUSTIN COMMUNITY FOUNDATION "TCF"
ARTICLES OF INCORPORATION AND BY-LAWS
Since it was incorporated, the Articles of Incorporation have called for the City
Council to select directors of the TCF, and to fill vacancies on the Board of
Directors. The City Council has also been required by the TCF Bylaws to
approve other aspects of the governance of the TCF, such as the selection
and terms of office of the TCF directors.
The Board of the TCF has requested that the independence of its non-profit
mission be recognized by ending the City's remaining indirect role in the
governance of the Foundation. To this end, the Foundation has proposed
that its Articles and Bylaws be restated to remove the City Council's role with
the TCF, a restatement process which must be approved by a majority of the
membership of the Tustin City Council.
Motion:
18.a. Adopt resolution; and
City Council Meeting September 4, 2007
Minutes Page 9 of 12
RESOLUTION NO. 07-73 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN APPROVING THE AMENDMENT AND
RESTATEMENT OF THE ARTICLES OF INCORPORATION AND
BYLAWS OF THE TUSTIN COMMUNITY FOUNDATION
18.b. Direct the City Manager to prepare and execute such documents as
may be necessary to implement the changes in the Articles and
Bylaws.
REGULAR BUSINESS ITEMS
19. SET DATE -INTERVIEW FOR VACANCY ON PLANNING COMMISSION
Staff is requesting that the City Council set a date and time to conduct
interviews to fill an unexpired term on the Planning Commission.
Motion: Set September 18, 2007 under Regular Business as the date to
interview and appoint a member of the Planning Commission.
20. SETTING DATE -WORKSHOP ON PARKING ON PUBLIC RIGHT OF
WAYS
Motion: Set October 16, 2007 at 3:00 p.m. to hold a workshop on parking on
public right of ways.
21. DEVELOPMENT PROPOSAL SOLICITATION FOR MARKETING
PROPERTY IN VICINITY OF SR-55 FREEWAY AND EDINGER RAMPS
A request to formalize the solicitation process for marketing certain property
located in the vicinity of the SR-55 Freeway and Edinger Ramps. Also, to
create and formalize the role of two members of the City Council to be added
to the City and Agency Technical Evaluation Committee for recommending
the selection of a prospective buyer and developer for the subject property.
John Conine, representing Orange County Teachers Federal Credit Union,
expressed interested in purchasing a portion of the site.
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Palmer, to:
21.a. Concur to the Developer Request for Proposal (RFP) process on the
subject property and authorize staff to issue an RFP to the selected list
of pre-qualified developers, subject to approval of the City Attorney
and special counsel as to form.
City Council Meeting September 4, 2007
Minutes Page 10 of 12
21.b. Concur that, from this date forward until City Council selection of a
development team and award of a contract, any and all contacts
between potential respondents and their representatives on the subject
property or RFP process shall be made solely through the City's
Redevelopment Agency contact, Assistant City Manager Christine
Shingleton. Any and all attempts to contact, or any contact made by
any other person, including an elected official or appointed official of
the City, shall be grounds for disqualification of a potential
respondent/proposerfrnm the RFP process.
21.c. Formally appoint Mayor Bone and Councilmember Davert of the City
Council, to be the City Council's representatives on the Technical
Evaluation Committee, which shall be responsible for making
subsequent recommendations to the City Council on the outcome of
the RFP process.
Motion carried 5-0.
22. LEGISLATIVE REPORTS
Mayor Bone reported that no action was needed on AB111 (DeSaulnier);
AB1309 (Charles Calderon); AB1542 (Evans); SB981 (Padilla); HR2895; and
S. 1518 at this time.
Mayor Bone requested information at future meeting on SB619 (Migden)
regarding retention proceeds of public contracts.
SECOND PUBLIC INPUT -None
OTHER BUSINESS AND COMMITTEE REPORTS
Councilmember Kawashima:
• Would like to have display boards of the library project set-up at city hall or library for
public's review;
• Attended Whole Foods opening, impressive store;
• Inquired as to trash contract changes that take effect next month; and
• School starts tomorrow, Summer vacation is over.
Councilmember Palmer:
• Congratulated ATEP on grand opening; and
• Asked staff to return during Mid-Year Budget Review with recommendations on fee
waivers for energy efficient projects and/or home beautification purposes.
--
City Council Meeting September 4, 2007
Minutes Page 11 of 12
Councilmember Davert:
• Library specifications approved tonight, award bid within 90 days;
• Orange County Sanitation District considering adding sewer surcharge or have other
agency take over Tustin's sewer system -starting outreach program to create
revenue stream;
• Orange County Fire Authority -purchased new fire engine for Station 21;
• Senior Center is designated cooling center from 10 a.m. to 7 p.m.; and
• Will be attending League Conference along with two other members of the City
Council.
Mayor Pro Tem Amante:
• Attended several grand openings at The District, thanked staff for diligent work with
contractors and developer;
• Orange County Transportation Authority celebrated 35th anniversary;
• 6th anniversary of 9/11 will also be ribbon cutting for new Orange County Sheriff's
academy at Tustin Legacy; and
• Will attend League Conference in Sacramento.
Mayor Bone:
• Grand Opening of Whole Foods was great success;
• Southern California Association of Governments Transportation Policy Committee -
Regional Transportation Plan for 2008 to 2035; considering raising gas taxes to pay
for roads, adding tolls on carpool lanes and freeways;
• As Chair of MAGLEV Task Force going to San Diego for tour of test track; and
• Adjourn in memory of Kenny Wilson and Sister Mary of Jesus Rodriguez.
ADJOURNMENT - 7:42 p.m. -The next regular meeting of the City Council is
scheduled for Tuesday, September 18, 2007 in the Council
Chamber, 300 Centennial Way, Tustin, California
Adjourn in memory of
Kenny Wilson
and
Sister Mary of Jesus Rodriguez
PAMELA STOKER
City Clerk
City Council Meeting September 4, 2007
Minutes Page 12 of 12