HomeMy WebLinkAboutCC MINUTES 2007 11 06MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
NOVEMBER 6, 2007
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; and
Councilmembers Doug Davert; Tony Kawashima; and Jim Palmer
Absent: None
City Clerk: Marcia Brown, Administrative Secretary
Others Present: William Huston, City Manager and Doug Holland, City Attorney
PUBLIC INPUT- None
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL - EXPOSURE TO LITIGATION
pursuant to Government Code Section 54956.9(b) - 2 Cases
B. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a) to confer with legal counsel regarding
pending litigation to which the City is a party - 2 Cases
1. City of Newport Beach and City of Tustin v. City of Irvine (Martin Street
Condos)
2. City of Newport Beach and City of Tustin v. City of Irvine (2851 Alton)
C. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
c.1. Agency Negotiator: Kristi Recchia, Director of Human Resources
Employee Organization: Part-Time Unrepresented Employees
Emplo ewe Organization: Unclassified Confidential Employees
c.2. Agency Negotiator: William A. Huston, City Manager
Employee Organization: Supervisors
Employee Organization: Management
Employee Organization: Executive Management
City Council Meeting November 6, 2007
Minutes Page 1 of 15
AGENDA ITEM ADDED
At the City Attorney's request, there was an immediate need to take action on a matter,
that arose after the posting of the Agenda. The following item should be added to the
Agenda:
D. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION pursuant to
Government Code Section 54956.9 - City of Tustin v. AAE, Case No.
030001932
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante,
to add item to Closed Session. Motion carried 5-0.
RECESS - At 5:30 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENE - At 6:59 p.m. City Council reconvened in public session.
PUBLIC MEETING
CALL TO ORDER - 7:02 p.m.
INVOCATION -Councilmember Jim Palmer
PLEDGE OF ALLEGIANCE -Councilmember Doug Davert
ROLL CALL
Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers
Doug Davert, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Maria Huizar, Chief Deputy City Clerk
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
CLOSED SESSION REPORT -Nothing to report.
PRESENTATIONS
• Proclamation presented by Mayor Bone to Cliff Polston of Boys & Girls Club in
recognition of his retirement
City Council Meeting November 6, 2007
Minutes Page 2 of 15
• Presentation on City's Emergency Preparedness Plan by Joe Meyers,
Administrative Services Manager
• Presentation on Transportation Corridor Agency's Initial Review of the Proposed
AIP-R Alternative by Smart Mobility, Inc.
FIRST PUBLIC INPUT -Linda Purdy asked if the City would consider grants and loans to
mobile home owners.
AGENDA ITEMS TAKEN OUT OF ORDER
REGULAR BUSINESS ITEMS
18. INTRODUCE AND WAIVE READING OF AN ORDINANCE ADOPTING BY
REFERENCE VARIOUS CONSTRUCTION CODES WITH AMENDMENTS
AND APPENDICES (ORDINANCE NO. 1344)
The State's Health and Safety Code requires local governments to adopt the
most recent editions of the model codes related to construction. The
construction codes include: the California Building, Plumbing, Mechanical,
and Electrical Codes, and other related codes. If the City Council approves
Ordinance No. 1344, the most recent editions of the construction codes with
the applicable amendments will be in effect within the City of Tustin as
required by State Law.
The 2007 State Building and Fire Codes are now based on the International
Building and Fire Codes, 2006 edition, and other related construction codes.
They are significantly changed from the 2001 state codes which were based
on the 1997 Uniform construction codes.
Elizabeth Binsack, Director of Community Development, presented staff
report.
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Palmer, to
18.a. Adopt Resolution; and
RESOLUTION NO. 07-81 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING
FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS
WITHIN THE CITY OF TUSTIN WHICH MAKE CERTAIN
MODIFICATIONS AND CHANGES TO THE CALIFORNIA
City Council Meeting November 6, 2007
Minutes Page 3 of 15
BUILDING, FIRE, PLUMBING, MECHANICAL, AND ELECTRICAL
CODES AS AMENDED BY THE STATE OF CALIFORNIA;
18.b. Introduce and waive first reading of Ordinance No. 1344, by title only
and set for second reading at the Council's November 20, 2007
meeting. This procedure is in accordance with California Government
Code Title 5, Division 1, Part 1, as published by the Building
Standards Bulletin 99-01.
ORDINANCE NO. 1344 - AN ORDINANCE OF THE CITY OF
TUSTIN AMENDING SPECIFIED CHAPTERS OF ARTICLE 8 OF
THE TUSTIN CITY CODE TO ADOPT THE 2007 EDITIONS OF THE
CALIFORNIA CODES AND RELATED MODEL CODES WITH
APPENDICES AND AMENDMENTS THERETO
Motion carried 5-0.
19. INTRODUCE AND WAIVE READING OF AN ORDINANCE ADOPTING BY
REFERENCE THE CALIFORNIA FIRE CODE BASED ON THE
INTERNATIONAL FIRE CODE WITH AMENDMENTS AND APPENDICES
(ORDINANCE NO. 1345)
The State's Health and Safety Code requires local governments to adopt the
most recent editions of the model codes related to construction. Ordinance
No. 1345 introduces the California Fire Code. If the City Council approves
Ordinance 1345, the Fire Code with applicable amendments will be in effect
within the City of Tustin as required by State law.
Elizabeth Binsack, Director of Community Development, presented staff
report.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to introduce and waive first reading of Ordinance No. 1345 by
title only and set for second reading at the Council's November 20, 2007
meeting.
ORDINANCE NO. 1345 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN AMENDING SPECIFIED SECTIONS OF
CHAPTER 1 OF ARTICLE 5 OF THE TUSTIN CITY CODE TO
ADOPT THE 2007 CALIFORNIA FIRE CODE AS AMENDED
THERETO
Motion carried 5-0.
City Council Meeting November 6, 2007
Minutes Page 4 of 15
Mayor Bone excused himself from the proceedings (Item #1) due to a conflict of
interest and left the dais at 7:49 p.m. and turned the podium to Mayor Pro Tem
Amante.
PUBLIC HEARING ITEM
1. APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE
PERMIT 06-024 AND DESIGN REVIEW 06-020, ZONE CHANGE 06-002,
TENTATIVE TRACT MAP 17096
Elizabeth Binsack, Director of Community Development presented staff
report.
Director Binsack noted that Toby Moore who resides on Pinebrook Drive
submitted an a-mail and a letter dated August 22, 2007. The letter was
submitted and considered by the Planning Commission and addressed at the
September 11, 2007 Planning Commission meeting, but inadvertently not
included in Attachment C. Mr. Moore's comment at the Planning Commission
hearing were reflected on the Minutes attached as Exhibit C of the Council
Agenda report. Mr. Moore's along with Danny Wassenaar, Julie Herron and
Wayne & Pam Poucher's letters were provided to City Council earlier today
for their consideration.
The public hearing opened at 7:50 p.m. The following persons spoke in favor
of the project: Chris Moran; Amber Moran; Dustin Sichon; Carlo Caravetta;
Bryan Starr; Jon Barrist; Rita Williams; Laura Woodbury; and Don Saltarelli.
The following persons spoke in opposition to the project: Bobbie Tier; Adrian
Callard; Kim Keelin; Jeff Roundtree; Rick Satterlee; Monique Edwards; Lisa
Curlee; Danny Wassenaar; Georgia Abbott; David Levy; Linda Purdy; Toby
Moore; Julie Standish; Thelma Hatfield; and Pam Poucher.
The public hearing closed at 9:28 p.m.
Council recessed at 9:28 p.m. and reconvened at 9:32 p.m. with all members
present except Mayor Bone.
Council discussion ensued:
Councilmember Davert - Project has been modified substantially since
Planning Commission's review, great deal of mitigation has been proposed,
far exceeding required standards. Supports alternative B with additional
setback in rear, not front.
Mayor Pro Tem Amante -Supports Councilmember Davert's proposal of
alternative B with setback modifications.
City Council Meeting November 6, 2007
Minutes Page 5 of 15
Councilmember Kawashima -Opposes the project to protect the residents
directly affected and not alter their current way of life.
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Palmer, to approve Alternative B with following
modifications: Director Binsack reviewed modifications: Resolution 07-78:
remove Finding 1 d and Condition 1.9; Resolution 07-79: remove Finding 1 e,
Finding g should reference City Council not Planning Commission and
remove Condition 1.7; revised Resolution adds Condition 1.11 which includes
some of applicants' concessions but would require slight modification based
on what council directed; 1St bullet point related to lofts: height at eave will be
20' or less, height at roof immediately above this dwelling unit will be 23' or
less from finished grade of project site; and last bullet point related to
installation of signage should read "If supported by City's traffic engineer."
Attorney Holland suggested deleting severability clause on Ordinance 1343,
Section 2.
1.a. Open and close a Public Hearing;
1.b. Per Tustin City Code Section 9294(c), the City Council could take
action on one of the following alternatives:
A. Uphold the Planning Commission's action denying the Conditional
Use Permit and Design Review applications and deny Zone
Change 06-002 and Tentative Tract Map 17096 and direct staff to
prepare resolutions similar to those adopted by the Planning
Commission;
B. Adopt the following actions approving the project:
b.1. Adopt resolutions:
• Resolution No. 07-77 finding the MND adequate for the
proposed Zone Change 06-002, Tentative Tract Map
17096, Conditional Use Permit 06-024 and Design Review
06-020:
RESOLUTION NO. 07-77 - A RESOLUTION OF THE CITY
COUNCIL ADOPTING THE FINAL MITIGATED NEGATIVE
DECLARATION FOR ZONE CHANGE 06-002, TENTATIVE
TRACT MAP 17096, CONDITIONAL USE PERMIT 06-024
AND DESIGN REVIEW 06-020, A PROPOSAL TO
DEVELOP AN EXISTING 60-UNIT APARTMENT
COMPLEX WITH A NEW 77-UNIT CONDOMINIUM
PROJECT LOCATED AT 1972 MITCHELL AVENUE AND
14251-14351 BROWNING AVENUE
City Council Meeting November 6, 2007
Minutes Page 6 of 15
• Resolution No. 07-78 approving Tentative Tract Map
17096;
RESOLUTION NO. 07-78 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN APPROVING
TENTATIVE TRACT MAP 17096 TO SUBDIVIDE AN
EXISTING PARCEL CONTAINING 60 APARTMENT UNITS
TO ACCOMMODATE A 77-UNIT NEW CONDOMINIUM
PROJECT LOCATED AT 1972 MITCHELL AVENUE AND
14251-14351 BROWNING AVENUE
• Resolution No. 07-79 approving Conditional Use Permit 06-
024 and Design Review 06-020; and
RESOLUTION NO. 07-79 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN APPROVING
CONDITIONAL USE PERMIT 06-024 AND DESIGN
REVIEW 06-020 AUTHORIZING THE DEVELOPMENT OF
A 77-UNIT CONDOMINIUM PROJECT ON A 4.1-ACRE
SITE LOCATED AT 1972 MITCHELL AVENUE AND 14251-
14351 BROWNING AVENUE
b.2. Introduce and have first reading, by title only, of Ordinance
No. 1343 rezoning the subject property from Suburban
Residential (R-4) to Multiple Family Residential (R-3);
ORDINANCE NO. 1343 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, ADOPTING ZONE
CHANGE 06-002 TO REZONE THE PROPERTY LOCATED
AT 1972 MITCHELL AVENUE AND 14251-14351
BROWNING AVENUE FROM SUBURBAN RESIDENTIAL
(R-4) TO MULTIPLE FAMILY RESIDENTIAL (R-3) ZONING
CLASSIFICATION FOR DEVELOPMENT OF 77
CONDOMINIUM UNITS
C. Remand the project back to the Planning Commission; or
D. Modify the action and provide direction to staff.
Motion carried 3-1 (Bone abstained, Kawashima opposed).
Mayor Bone re joined the meeting at 9:29 p.m. and did not participate in
consideration of this item.
City Council Meeting November 6, 2007
Minutes Page 7 of 15
CONSENT CALENDAR ITEMS -Councilmember Davert pulled Item No. 7 for
separate discussion. It was moved by Councilmember Davert, seconded by
Councilmember Palmer, to approve balance of consent calendar items as
recommended by staff. Motion carried 5-0.
2. APPROVAL OF MINUTES -SPECIAL AND REGULAR MEETINGS OF
OCTOBER 16, 2007
Motion: Approve the Minutes of the Special and Regular City Council Meetings
held October 16, 2007.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $756,067.63, $2,037,619.63 and
$2,099,584.82; and Payroll in the amount of $690,087.98.
4. PLANNING ACTION AGENDA -OCTOBER 23, 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 October 23, 2007.
5. CANCELLATION OF DECEMBER 18, 2007 CITY COUNCIL MEETING
Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly
scheduled Council and Redevelopment meetings of December 18, 2007 and
that the City Council hereby waives notice of said meeting as required by
Government Code Section 54954.
6. NEGATIVE DECLARATION FOR THE TUSTIN COMMUTER RAIL STATION
PARKING STRUCTURE
The Tustin Commuter Rail Station Parking Structure project proposes the
replacement of an existing surface parking lot at the Tustin Commuter Rail
Station with the construction of a parking structure with up to 825 parking
spaces on up to five levels. The project is a cooperative effort between the
Orange County Transportation Authority (OCTA) and the City of Tustin and is
needed to provide additional parking to serve the growing number of patrons
of the Southern California Regional Rail Authority's (SCRRA's) Metrolink
commuter rail service. The OCTA will be responsible for the design and
construction of the project. A Final Negative Declaration has been prepared
for this project (Exhibit A of Resolution No. 07-83), and no potential
significant environmental impacts have been identified.
City Council Meeting November 6, 2007
Minutes Page 8 of 15
Motion: Adopt resolution.
RESOLUTION NO. 07-83 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING
THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR THE
TUSTIN COMMUTER RAIL STATION PARKING STRUCTURE
PROJECT, AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
7. TUSTIN HISTORIC REGISTER :AND CQMMENDATION PROGRAMS
Mayor Pro Tem Amante had concerns about the new procedures, would like
Planning Commission to continue to handle issues of historical nature.
Council discussion ensued.
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Kawashima, to concur with the revised procedures for the
Tustin Historic Register and Commendation Programs on a 6 month trial
basis with tracking and open nominations. Motion carried 5-0.
8. FOURTH AMENDMENT TO TUSTIN LEGACY DISPOSITION AND
DEVELOPMENT AGREEMENT (DDA 04-02) (RETAIL DEVELOPMENT)
City Council authorization is requested for approval of a Fourth Amendment
to the Tustin Legacy DDA 04-02 between the City of Tustin and Vestar/Kimco
Tustin, L.P. (the "Developer")
Motion:
8.a. Adopt resolution; and
RESOLUTION NO. 07-85 - A RESOLUTION OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT PURSUANT TO PUBLIC
RESOURCES CODE SECTION 2116 AND SECTION 15168(c) OF
STATE CEQA GUIDELINES THE PROJECT IS WITHIN THE SCOPE
OF THE FINAL JOINT PROGRAM MCAS ENVIRONMENTAL
IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS
TUSTIN EIS/EIR), AS AMENDED BY ADDENDUM AND NO NEW
ENVIRONMENTAL DOCUMENT IS REQUIRED; APPLICABLE
MITIGATION MEASURES HAVE BEEN INCORPORATED INTO THE
PROJECT
8.b. Subject to any non-substantive modifications as may be determined
necessary by the City's Tustin Legacy Special Counsel, approve and
City Council Meeting November 6, 2007
Minutes Page 9 of 15
authorize the City Manager or Assistant City Manager to execute the
Fourth Amendment to DDA 04-02 between the City of Tustin and
Vestar/Kimco Tustin, L.P. and to carry out all actions necessary to
implement the amendment including execution of all related
comments.
9. CONSIDERATION OF CLAIM OF MICHELE GUSTAFSON, CLAIM
NUMBER 07-25
The Claimant has reported that while her daughter was at science camp in
Tustin, children in attendance were given syringe type toys to fill with water
and squirt each other. Her daughter was shot in the eye with this water at
close range, causing redness and swelling. The Claimant is asking to be
reimbursed $637.00 to cover her husband's lost wages when he missed work
to take their daughter to the doctor and to pay the bill from the doctor's office.
Motion: Deny Claim Number 07-25, Michele Gustafson, and direct Staff to
send notice thereof to the Claimant.
10. CONSIDERATION OF CLAIM OF KEVIN JOHN LAMP, CLAIM NUMBER 07-
23
The Claimant reported that City trees have caused problems with a number
of residences on his street, penetrating the sewer pipes in front of the
houses. He had the lines rooted twice -then subsequent plumbing service
work was needed on the sewer lateral line, at a cost of $8,250.00.
Motion: Deny Claim Number 07-23, Kevin John Lamp, and direct Staff to
send notice thereof to the Claimant.
11. CONSIDERATION OF CLAIM OF CHAD GARRETT, CLAIM NUMBER 07-33
It was reported by the Claimant's parents that while playing basketball at the
Columbus Tustin gym, the Claimant was guarding another player and the
player elbowed him in the mouth. The Claimant's front tooth was chipped
and the cost to have it repaired with bonding was $300.00.
Motion: Deny Claim Number 07-33, Chad Garrett, and direct Staff to send
notice thereof to the Claimant.
12. AUTHORIZING THE TEMPORARY CLOSURE AND REROUTING OF
TRAFFIC FOR THE ORANGE COUNTY MARATHON
The State of California has approved the conducting of the Orange County
City Council Meeting November 6, 2007
Minutes Page 10 of 15
Marathon on January 6, 2008, requiring the closure of SR 261 between
Walnut Avenue and Portola Parkway.
Motion: Authorize the temporary closure and re-routing of traffic onto and
over Jamboree Road and Portola Parkway on January 6, 2008 between 6:00
a.m. and 12:00 p.m.
13. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE
PASADENA AVENUE STORM DRAIN FROM MEDALLION AVENUE TO
SYCAMORE AVENUE (CIP NO. 5032)
Motion:
13.a. Adopt resolution.
RESOLUTION NO. 07-76 - 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 PASADENA AVENUE STORM DRAIN FROM MEDALLION
AVENUE TO SYCAMORE AVENUE (CIP NO. 5032)
13.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
13.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 $82,717.91 to Sukut Construction,
Inc.
14. APPROVAL OF AMENDMENT NO. 4 TO COOPERATIVE AGREEMENT
NO. 12-238 WITH THE STATE OF CALIFORNIA FOR THE NEWPORT
AVENUE EXTENSION/SR-55 RAMP RECONFIGURATION PROJECT (CIP
NO. 7130)
The proposed amendment to Cooperative Agreement No. 12-238 between
the City of Tustin and the State of California (Caltrans) extends the
City Council Meeting November 6, 2007
Minutes Page 11 of 15
agreement termination date to December 31, 2009 from December 31, 2007.
The Cooperative Agreement is for the environmental, design and right-of-way
phases of the Newport Avenue Extension / SR 55 Ramp Reconfiguration
Project (CIP No. 7130).
Motion: Approve Amendment No. 4 to Cooperative Agreement No. 12-238
with the State of California (Caltrans) and authorize the Mayor and City Clerk
to execute the document on behalf of the City.
15. SUBMITTAL OF CITY OF TUSTIN APPLICATIONS FOR THE
TRANSPORTATION DEVELOPMENT ACT AND TRANSPORTATION
ENHANCEMENT ACTIVITY PROGRAMS, FISCAL YEARS 2008-2009 AND
2009-2010
City Council adoption of Resolution Nos. 07-82 and 07-84 will authorize the
City's two (2) applications for funds from the Transportation Development Act
(TDA) and Transportation Enhancement Activity (TEA) Programs. The
Orange County Transportation Authority (OCTA) requires City Council
authorization as part of the application process.
Motion: Adopt resolutions.
RESOLUTION NO. 07-82 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING
APPLICATION FOR FUNDS FROM THE TRANSPORTATION
ENHANCEMENT ACTIVITY (TEA) PROGRAM UNDER THE 2005
SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT, TRANSPORTATION
ACT - LEGACY FOR USERS FOR THE EDINGER AVENUE
BEAUTIFICATION PROJECT BETWEEN EAST OF RED HILL
AVENUE AND WEST OF JAMBOREE ROAD, FISCAL YEAR 2009-
2010.
RESOLUTION NO. 07-84 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING
APPLICATION FOR FUNDS FROM THE TRANSPORTATION
DEVELOPMENT ACT (TDA) PROGRAM FOR THE NEWPORT
AVENUE BICYCLE TRAIL BEAUTIFICATION PROJECT BETWEEN
MAIN STREET AND IRVINE BOULEVARD, FISCAL YEAR 2009-
2010.
16. AUTHORIZATION TO PURCHASE ONE GMC TRUCK WITH UTILITY
BODY FOR FIELD SERVICES
Authorize City staff to purchase one (1) GMC truck with utility body for use by
the Public Works Department/Field Services Division.
City Council Meeting November 6, 2007
Minutes Page 12 of 15
Motion: Award the bid for purchase of one (1) GMC truck with utility body, to
Victor Buick/GMC Corona, CA in the amount of $23,753.08.
17. QUITCLAIM OF LA VETA WELL SITE, 17730 LA VETA AVENUE, ORANGE
TO MR. & MRS. MICHAEL AND HEIDI DENHERTOG, 508 SOUTH
LAURINDA LANE, ORANGE, CA
The old La Veta Well has reached the end of its service life and has been
destroyed per State of California and City of Orange guidelines. An adjacent
neighbor, Mr. & Mrs. Michael and Heidi Denhertog have requested the City to
quitclaim this former well site to them. The site is located over an area where
the groundwater is high in nitrates and would require significant treatment.
Additionally, the site is not large enough to drill another well, nor can it be
reasonably expected to be developed by anyone else except the adjacent
property owner. Finally, the cost of an appraisal and right of way agent would
exceed the value of the property. It is recommended that the site be
quitclaimed to the Denhertog's.
Motion: Approve the quitclaim and conveyance documents as prepared by
the City Attorney for the La Veta Well Site.
REGULAR BUSINESS ITEMS
18. AGENDA ITEM TAKEN OUT OF ORDER
19. AGENDA ITEM TAKEN OUT OF ORDER
20. ADOPTION OF A LOCAL WORKFORCE HOUSING PREFERENCE POLICY
FOR PARTICIPATION IN THE CITY'S AFFORDABLE HOUSING PROGRAMS
Tustin City Council and Tustin Community Redevelopment Agency Board
approval is requested for adoption of a Local Workforce Housing Preference
Policy for Participants in City or Agency affordable housing programs.
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Palmer to adopt the attached Local Workforce Housing
Preference Policy for those interested in seeking affordable housing
opportunities in Tustin by granting current Tustin residents or individuals
employed within the City of Tustin preference over an applicant who does not
currently reside or is not employed in the City of Tustin. Motion carried 5-0.
City Council Meeting November 6, 2007
Minutes Page 13 of 15
21. LEGISLATIVE REPORTS - H.R. 3752, INDIAN GAMING REGULATORY
ACT
H.R. 3752 (Campbell) would provide that the Indian Gaming Regulatory Act
shall not apply to an Indian tribe or to Indian lands of an Indian tribe until that
Indian tribe has been federally recognized for a period of not less than 25
continuous years. A copy of the bill is included as Attachment A to this
report.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Davert, to support H.R. 3752 and direct staff to transmit the
attached letter of support to Congressman Campbell. Motion carried 5-0.
SECOND PUBLIC INPUT -None
OTHER BUSINESS AND COMMITTEE REPORTS
Councilmember Kawashima:
• Dino Dash was a great success, appreciated everyone's support.
Councilmember Davert:
• Dino Dash was a great event;
• Praised the work of Orange County Fire Authority and all the fire departments that
fought recent fires, went to command post at Irvine Park Sunday, no loss of property
in Tustin area, Tustin Police Department did fantastic job of keeping area residents
calm and everything in control; Orange County Fire Authority will review everything,
including what resources were available; and
• Thanked Pam and Shep Novak in Tustin Ranch for their support and honoring of Fire
Station 43.
Mayor Pro Tem Amante:
• Dino Dash was great, near 8,000 people in attendance, congratulated staff;
• Thankful to Tustin Police Department and Orange County Fire Authority for hard work
during recent fires, toll roads make a difference for firefighters and public safety;
• Commented on Edmund G. Brown, Jr's opinion to SCAG on regional planning for
housing and development, does not agree with regionalists being involved in
development of city; and
• Pleased with public input and talking to residents, planning makes sense but not from
a regional standpoint.
Mayor Bone:
• Congratulated Mayor Pro Tem Amante on recent election to 2nd Vice President of
League of Cities;
• Southern California Association of Governments Regional Transportation Plan and
City Council Meeting November 6, 2007
Minutes Page 14 of 15
Regional Comprehensive plans were split by 25 to 14 vote;
• Orange Line route voted down again, will come before Orange County Transportation
Authority in 2 weeks;
• Thanked Orange County Fire Authority and Tustin Police Department for hard work
during the recent fires;
• Congressman Campbell working with local Post Office to move mail boxes to front
yards; and
• Mayor's Thanksgiving Breakfast on November 15 at Marconi Auto Center.
ADJOURNED - 11:00 p.m. The next meeting of the City Council is scheduled for
Tuesday, November 20, 2007 at 5:30 for Closed Session and 7:00
p.m. for Regular Session in the Council Chamber, 300 Centennial
Way, Tustin, California
LOU BONE,
Mayor
PAMELA STOK
City Clerk
City Council Meeting
Minutes
November 6, 2007
Page 15 of 15