HomeMy WebLinkAbout07 CC Action AgendaITEM #7
Report to the
Planning commission
DATE: DECEMBER 11, 2007
SUBJECT: CITY COUNCIL ACTION AGENDA
NOVEMBER 20 AND DECEMBER 4, 2007
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
/,` ~ ~,c.
I1 J
~, ~ ~~ ,
~~~' s_T~
ATTACHMENTS: CITY COUNCIL ACTION AGENDA
NOVEMBER 20 AND DECEMBER 4, 2007
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
NOVEMBER 20, 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: Christine Shingleton, Assistant 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 - POSSIBLE INITIATION OF
LITIGATION pursuant to Government Code Section 54956.9(c) - 2 Cases
C. 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
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
City Council Meeting November 20, 2007
Action Agenda Page 1 of 11
CALL TO ORDER - 7:00 p.m.
INVOCATION -Councilmember Jim Palmer
PRESENTATION OF THE COLORS AND PLEDGE OF ALLEGIANCE -Cub Scouts
Pack 804
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: Christine Shingleton, Assistant City Manager and Doug Holland,
City Attorney
CLOSED SESSION REPORT -Nothing to report.
FIRST PUBLIC INPUT -None
CONSENT CALENDAR ITEMS -Mayor Bane pulled Item No. 3, Councilmember
Palmer abstained on same and Mayor Pro Tem Amante pulled Item No, 4 for separate
discussion. Mayor Bone abstained and Councilmember Kawashima voted no, on Item
No. 12. It was moved by Councilmember Davert, seconded by Mayor Pro Tem
Amante, to approve balance of consent calendar items as recommended by staff.
Motion carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 6, 2007
Motion: Approve the Minutes of the Regular City Council Meeting held
November 6, 2007.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $932,259.13, and $650,739.68;
Reversal in the amount of $257,061.99 and Payroll in the amount of
$642,605.24
3'. PLANNING ACTION AGENDA -NOVEMBER 13, 2007
City Council Meeting November 20, 2007
Action Agenda Page 2 of 11
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: It was moved by Mayor Bone, seconded by Councilmember Davert,
to appeal item #3 at the January 2008 City Council Meeting and ratify the
balance of the items on the Planning Commission Action Agenda of
November 13, 2007.. Motion carried 4-0. (Palmer abstained).
4. AWARD OF CONTRACT FOR CONSTRUCTION OF THE TUSTIN LIBRARY
PROJECT (CIP NO. 1045)
Bids for the Tustin Library Project (CIP No. 1045) have been received and a
construction contract is ready to be awarded.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Davert, to:
4.a. It is recommended that the City Council award the construction
contract Base Bid Item Number 1 and Alternate Bid Item Numbers A-1
through A-4 to GKK Works Construction Services, the lowest
responsible and responsive bidder, in the amount of $14,620,150.00,
and authorize the Mayor and the City Clerk to execute the contract
documents on behalf of the City.
4.b. Transfer $2,500,000 from the MCAS Tustin Redevelopment Project
Housing Set Aside Fund (fund 56), and $1,114,375 from the South
Central Project Areas Housing Set Aside Fund (53) to CIP project
number 1045.
Motion carried 5-0.
5. LOT LINE ADJUSTMENT NO. 2007-02: THE DISTRICT AT TUSTIN
LEGACY (VESTAR/KIMCO TUSTIN, L.P.)
The proposed Lot Line Adjustment is being requested by Vestar/Kimco
Tustin, L.P. to move an existing lot line to adjust the size of two (2) separate
parcels for development purposes.
Motion: Adopt resolution.
RESOLUTION NO. 07-66 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE
ADJUSTMENT N0. 2007-02
City Council Meeting November 20, 2007
Action Agenda Page 3 of 11
6. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS
FOR TRACT MAP NO. 16782 - CAMELLIA (LENNAR HOMES OF
CALIFORNIA, INC.)
All public improvements associated with Tract Map No. 16782 (Camellia)
have been completed. In addition, all monuments associated with the Tract
Map have been set, inspected and verified as complete. The Public Works
Department is now recommending acceptance of the public improvements
and release of the public improvement and monumentation bonds.
Motion: It is recommended that the City Council accept the public
improvements and release the following bonds in the indicated amounts:
Faithful Performance Bond (Bond No. 6373517) $ 20,000.00
Labor and Material Bond (Bond No. 6373517) $ 10,000.00
Monumentation Bond (Bond No. 6376516) . $ 4,760.00
7. SALARY AND BENEFITS RESOLUTION FOR EXECUTIVE MANAGEMENT
AND MANAGEMENT EMPLOYEES
Adoption of the attached Resolution will provide salary and benefit
adjustments for Executive Management and Management employees
pursuant to Council direction.
Motion: Adopt resolution.
RESOLUTION NO. 07-88 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND
BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT
AND MANAGEMENT EMPLOYEES, AND SUPERSEDING
RESOLUTION 07-22
8. SALARY AND BENEFITS RESOLUTION FOR SUPERVISORY
EMPLOYEES
Adoption of the attached Resolution will authorize salary and benefit
adjustments for unrepresented City employees designated as "Supervisory"
employees consistent with those salary and benefit parameters and/or
adjustments established for other City employee groups.
Motion: Adopt resolution.
RESOLUTION NO. 07-89 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND
BENEFITS FOR UNREPRESENTED SUPERVISORY EMPLOYEES
City Council Meeting November 20, 2007
Action Agenda Page 4 of 11
AND SUPERSEDING RESOLUTION 07-23
9. SALARY AND BENEFITS RESOLUTION FOR CONFIDENTIAL
EMPLOYEES
Adoption of the attached Resolution will authorize salary and benefit
adjustments for unrepresented City employees designated as "Confidential"
employees consistent with Council direction.
Motion: Adopt resolution.
RESOLUTION N0. 07-90 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND
BENEFITS FOR CONFIDENTIAL UNREPRESENTED EMPLOYEES,
AND SUPERSEDING RESOLUTION 07-24
10. SALARY RESOLUTION FOR PART-TIME EMPLOYEES
Adoption of the attached Resolution will authorize salary adjustments for
unrepresented part-time employee classifications.
Motion: Adopt resolution.
RESOLUTION NO. 07-91 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN RELATING TO SALARY FOR
UNREPRESENTED PART-TIME EMPLOYEE CLASSIFICATIONS
11. POLICE DEPARTMENT VEHICLE PURCHASES
Purchase one (1) 2008 Dodge Charger and one (1) 2008 Chevrolet Tahoe
police units to replace older model high mileage vehicles. Purchase one (1)
2008 Dodge Charger unmarked unit and one (1) 2008 Dodge Durango
unmarked unit to replace older model high mileage vehicles. Purchase three
(3) 2008 Harley Davidson police motorcycles to replace older model BMW
motorcycles. Award contract for police equipment conversion work for newly
purchased police units.
Motion: Approve the following purchases:
11.a. One (1) 2008 Dodge Charger (police package) from Moss Brothers
Dodge in Riverside, California in the amount of $24,046.70 (Including
tax and license).
11.b. One (1) 2008 Dodge Charger (unmarked unit) from Moss Brothers
City Council Meeting November 20, 2007
Action Agenda Page 5 of 11
Dodge in Riverside, California in the amount of $22,308.69 (Including
tax and license).
11.c. One (1) 2008 Dodge Durango (unmarked unit) from Hoblit Hayes
Dodge Chrysler in Woodland, California in the amount of $21,336.85
(including tax and license).
11.d. One (1) 2008 Chevrolet Tahoe (police package) from George
Chevrolet in Lakewood, California in the amount of $ 33,305.61
(including tax and license).
11.e. Three (3) 2008 Harley Davidson FLHTP-I police motorcycles from
Laidlaw Harley Davidson in Baldwin Park, California in the amount of
$62,970.75 (including tax). There will be an 800 MHz radio installation
cost of $2,436.00 per motorcycle from Orange County Sheriff
Communications (only known source) added to the cost. The grand
total for all three motorcycles is $70,104.74.
11.f. Police equipment conversion packages for the conversion of one (1)
2008 Dodge Charger marked police vehicle and one (1) Chevy Tahoe
marked police vehicle from North Star Electronics in Downey,
California in the amount of $22,693.08.
11.g. Authorize the Police Department to transfer Chevrolet Tahoe (retiring
unit 3401) to the civilian police fleet and retire Unit 3431 - 2002 Ford
Expedition from the civilian fleet as surplus.
12. ADOPT ORDINANCE 1343 - APPEAL OF PLANNING COMMISSION
DENIAL OF CONDITIONAL USE PERMIT 06-024 AND DESIGN REVIEW
06-020, ZONE CHANGE 06-002, TENTATIVE TRACT MAP 17096
The project site consists of a 4.1-acre (net area) site currently developed with
60 apartment units. The project site is located at the southwest corner of
Mitchell Avenue and Browning Avenue (1972 Mitchell Avenue and 14251-
14351 Browning Avenue) within the Suburban Residential (R-4) zoning
district and High Density Residential General Plan land use designation (APN
432-342-30). Proposed Ordinance would rezone subject property.
Councilmember Kawashima noted his opposition on this item. Mayor Bone
abstained.
Motion: Have second reading by title only and adoption of Ordinance No.
1343 (roll call vote) or action as necessary.
ORDINANCE NO. 1343 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, ADOPTING ZONE CHANGE 06-002 TO
City Council Meeting November 20, 2007
Action Agenda Page 6 of 11
REZONE THE PROPERTY LOCATED AT 1972 MITCHELL AVENUE
AND 14251-14351 BROWNING AVENUE FROM SUBURBAN
RESIDENTAL (R-4) TO MULTIPLE FAMILY RESIDENTIAL (R-3)
ZONING CLASSIFICATION FOR DEVELOPMENT OF 77
CONDOMINIUM UNITS
Motion carried 3-1 (Bone abstained, Kawashima opposed).
13. ADOPT ORDINANCE 1344 - AN ORDINANCE OF THE CITY OF TUSTIN
ADOPTING BY REFERENCE VARIOUS CONSTRUCTION CODES WITH
AMENDMENTS AND APPENDICES
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.
Motion: Have second reading by title only and adoption of Ordinance No.
1344 (roll call vote) or action as necessary.
ORDINANCE NO. 1344 - AN ORDINANCE OF THE CITY COUNCIL
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
14. ADOPT ORDINANCE 1345 - AN ORDINANCE OF THE CITY OF TUSTIN
ADOPTING BY REFERENCE THE CALIFORNIA FIRE CODE BASED ON
THE INTERNATIONAL FIRE CODE WITH AMENDMENTS AND
APPENDICES
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.
City Council Meeting November 20, 2007
Action Agenda Page 7 of 11
Motion: Have second reading by title only and adoption of Ordinance No.
1345 (roll call vote) or action as necessary.
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
REGULAR BUSINESS ITEMS
15. MISS TUSTIN SCHOLARSHIP PAGEANT
The Miss Tustin Scholarship Pageant is requesting a $2,500 donation from the
City Council to support the 2008 pageant.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Davert, to donate 75% of the $2,500 requested by the Miss
Tustin Scholarship Pageant as recently approved by the City Council. Motion
carried 5-0.
16. CITRUS RANCH PARK PREFERRED DESIGN
Per the City Council directive of April 3, 2007, the Community Services
Commission is returning to the Council a recommended preferred design option
for the Citrus Ranch Park Project (CIP No. 2046), which is within the confines of
the CIP Budget and maintains the original intent of the park. Following City
Council approval, a staff report will be provided recommending Council
adoption of the resolution approving the Plans and Specifications for the project
and authorizing and directing the City Clerk to advertise for bids.
David Wilson, Acting Director of Parks and Recreation presented staff report.
Deborah Gavello and Linda Beck addressed the Council.
Council discussion ensued.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to approve the Citrus Ranch Park preferred design option as
recommended by the Community Services Commission. Motion carried 5-0.
17. PROPOSED AMENDMENTS TO THE AIRPORT ENVIRONS LAND USE
PLAN (AELUP) FOR JOHN WAYNE AIRPORT (JWA)
City Council Meeting November 20, 2007
Action Agenda Page 8 of 11
The Airport Land Use Commission (ALUC) of Orange County is in the process
of updating the Airport Environs Land Use Plan (AELUP) for the John Wayne
Airport (JWA). The City of Tustin has been provided with a copy of the
proposed amendments for review and comment. The ALUC staff have
requested comments by November 26, 2007, and are setting meetings with
affected jurisdictions. City staff will not be meeting with ALUC staff until
November 19, 2007, after which staff will have a better grasp on the potential
implications to the City and comments that should be included in a comment
letter.
Elizabeth Binsack, Community Development Director presented staff report.
Council requested information on the settlement agreement at future council
meeting.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to authorize the Mayor to sign and send a comment letter to the
ALUC when it is available. Motion carried 5-0.
18. CALIFORNIA VEHICLE CODE ENFORCEMENT ON PRIVATE ROADWAYS
Over the past year, residents located within private communities throughout the
City of Tustin have inquired about the police department's ability to enforce the
California Vehicle Code on private property. The requests for intervention by
the police department are the result of an increase in traffic related issues, such
as speeding and failing to stop for posted stop signs, along the private
roadways located within the community.
The proposed resolution would allow the police department to enforce the
California Vehicle Code within private communities in the City, following a
petition by a majority of the affected residents, a public hearing on the petition,
advanced written notice, and the proper posting of signage.
Scott Jordan, Police Chief presented staff report.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to adopt resolution.
RESOLUTION NO. 07-87 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE
ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE ON
PRIVATELY MAINTAINED ROADWAYS
Motion carried 5-0.
City Council Meeting November 20, 2007
Action Agenda Page 9 of 11
19. LEGISLATIVE REPORTS -None
SECOND PUBLIC INPUT -None
OTHER BUSINESS AND COMMITTEE REPORTS
Councilmember Kawashima:
• Wished all a happy Thanksgiving; and
• Adjourn meeting in memory of two individuals noted on agenda.
Councilmember Palmer:
• Wished all a happy Thanksgiving;
• Congratulated Tustin Community Foundation for a successful Mayor's Thanksgiving
Breakfast;
• Requested Community Services Commission develop and prioritize a park master
plan for consideration of council; and
• Requested job descriptions for commissioners.
Councilmember Davert:
• Condolences to Huston family on passing of City Manager's mother;
• Wished all a happy Thanksgiving;
• Congratulated Mayor on successful Mayor's Thanksgiving Breakfast;
• Invited all to attend annual Christmas Tree Lighting ceremony on November 30th; and
• Orange County Fire Authority report -inspected Santiago fire burnt area from ground
and air, discussed necessary precautions for upcoming rainy season; voted to
proceed with renewal of Joint Powers Agreement with City.
Mayor Pro Tem Amante:
• Condolences to City Manager William Huston and family;
• Wished all a happy Thanksgiving;
• Acknowledged Fire Chief and magnificent work of protecting community, also on
standby for possible Santa Ana wind conditions; and
• Commented on upcoming Christmas Tree Lighting ceremony; and
• Congratulated Tustin Community Foundation's hard work for a fabulous Mayor's
Thanksgiving Breakfast.
• Acknowledged members of Community Services Commission in attendance and
thanked for their work on parks, and looking out for community.
Mayor Bone:
• Attended meeting in Atlanta, Georgia to view test track on MAGLEV;
• Metrolink board -Santa train to arrive at 5:45 p.m. on December 16th, rail cars
delayed, quiet zone, noted number of claims pending;
City Council Meeting November 20, 2007
Action Agenda Page 10 of 11
• New pet hotel opening on December 1St;
• Oregon recently repealed similar law as Proposition 90 that was supported by Orange
County voters but repealed by state;
• Public Utilities Commission Rule 21A changes regarding underground funding;
• Reappointed to State Policy committee on Transportation, Communications and
Public Works;
• New Illegal Taste Tax on alcoholic beverages by State Board of Equalization; and
• Announced retirement of SCAG director, Mark Pisano.
ADJOURNMENT - 8:14 p.m. The next meeting of the City Council is scheduled for
Tuesday, December 4, 2007 at 5:30 for Closed Session and 7:00
p.m. for Regular Session in the Council Chamber, 300 Centennial
Way, Tustin, California
ADJOURN IN MEMORY OF
TOM SCAGLIONE, AYSO COACH
AND
MARY HUSTON
City Council Meeting November 20, 2007
Action Agenda Page 11 of 11
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
NOVEMBER 20, 2007
CALL TO ORDER - 8:15 p.m.
ATTENDANCE
Present: Chair Lou Bone; Chair Pro Tem Jerry Amante; Agency Members
Doug Davert; Tony Kawashima; and Jim Palmer
Absent: None
Recording Secretary: Pamela Stoker
Others Present: Christine Shingleton, Assistant Executive Director and Douglas
C. Holland, City Attorney
PUBLIC INPUT -None
REGULAR BUSINESS ITEM - It was moved by Agency Member Davert, seconded by
Chair Pro Tem Amante, to approve item 1 as recommended by staff. Motion carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 6, 2007
Motion: Approve the Redevelopment Agency Minutes of November6, 2007
ADJOURNED - 8:16 p.m. Next regular meeting scheduled for Tuesday, December 4,
2007 at 7:00 p.m. in the Council Chamber, 300 Centennial Way,
Tustin, California.
Community Redevelopment Agency Meeting November 20, 2007
Action Agenda Page 1 of 1
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
DECEMBER 4, 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: 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 -City of Tustin v. AAE
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government
Code Section 54957
City Manager Annual Performance Review
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.
City Council Meeting December 4, 2007
Action Agenda Page 1 of 9
PUBLIC MEETING
CALL TO ORDER- 7:00 P.M.
INVOCATION - Father AI Baca, St. Cecilia's Church
PRESENTATION OF COLORS & PLEDGE OF ALLEGIANCE -Tustin Police Department
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 -City Attorney Holland reported that the City Council denied
the claim of Item A filed by Sema Construction, Inc.
PUBLIC HEARING ITEMS
GENERAL PLAN AMENDMENT 07-001 AND ZONE CHANGE 07-002: 13841
RED HILL AVENUE, AMERICAN SENIOR LIVING, LLC.
The project is a request by American Senior Living Development, LLC to
demolish an existing church building and construct an age-restricted (62 years or
older) assisted living/congregate care facility. The project site is a 2.882 acre
site located at 13841 Red Hill Avenue (west of Red Hill Avenue between EI
Camino Real and San Juan Street) currently occupied by the Main Place
Church. The site is designated by the General Plan and zoned as Public and
Institutional. To allow for the proposed development, a General Plan
Amendment and a Zone Change to change the land use designation and zoning
district to Planned Community Commercial/Business and Central Commercial
(C-2), respectively, are required. On November 13, 2007, the Planning
Commission recommended that the City Council approve General Plan
Amendment 07-001 and Zone Change 07-002. The Planning Commission also
approved Conditional Use Permit 07-011 and Design Review 07-012 to allow for
the development of the proposed assisted living/congregate care facility at the
project site.
Motion: It was moved by Councilmember Davert, seconded by Councilmember
Palmer, to approve as recommended:
City Council Meeting December 4, 2007
Action Agenda Page 2 of 9
1.a. Open and close a Public Hearing;
1.b. Adopt resolution; and
RESOLUTION NO. 07-93 - A RESOLUTION OF THE CITY COUNCIL
ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION FOR
GENERAL PLAN AMENDMENT 07-001 AND ZONE CHANGE 07-002, A
PROPOSAL TO DEVELOP AN ASSISTED LIVING/CONGREGATE CARE
FACILITY AGE RESTRICTED TO 62 YEARS OR OLDER AT 13841 RED
HILL AVENUE
1.c. Adopt resolution; and
RESOLUTION NO. 07-94 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN APPROVING GENERAL PLAN AMENDMENT 07-
001 AMENDING THE GENERAL PLAN LAND USE DESIGNATIONS
FROM PUBLIC/INSTITUTIONAL TO PLANNED COMMUNITY
COMMERCIAUBUSLNESS TO ACCOMMODATE THE CONSTRUCTION
OF AN ASSISTED LIVING/CONGREGATE CARE FACILITY AGE
RESTRICTED TO 62 YEARS OR OLDER AT 13841 RED HILL AVENUE
1.d. Introduce and have first reading, by title only of Ordinance No. 1346.
ORDINANCE NO. 1346 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ZONE CHANGE 07-
002 AMENDING THE ZONING MAP OF THE CITY OF TUSTIN TO
REZONE THE PROPERTY LOCATED AT 13841 RED HILL AVENUE
FROM PUBLIC AND INSTITUTIONAL (P&I) TO CENTRAL COMMERCIAL
(C-2) ZONING DISTRICT TO ACCOMMODATE THE CONSTRUCTION
OF AN ASSISTED LIVING/CONGREGATE CARE FACILITY AGE
RESTRICTED TO 62 YEARS OR OLDER
Motion 5-0.
2. TENTATIVE TRACT MAP 17144
On November 13, 2007, the Planning Commission recommended approval of
Tentative Tract Map 17144 to subdivide a 131-acre site into 12 numbered lots and
28 lettered lots for the purpose of development of approximately 1, 267,324 square
feet of commercial business, open space, public streets, and flood control facilities.
The project site is bounded by Barranca Parkway on the south, Red Hill Avenue on
the west, Warner Avenue on the north, and Armstrong Avenue on the east within
Neighborhood E (Planning Areas 9-12) of the MCAS Tustin Specific Plan
(Applicant: Tustin Legacy Community Partners, LLC; Owners: City of Tustin, Tustin
Public Financing Authority, and Tustin Legacy Community Partners, LCC).
City Council Meeting December 4, 2007
Action Agenda Page 3 of 9
Motion: It was moved by Councilmember Davert, seconded by Councilmember
Kawashima, to approve as recommended:
2.a. Open and close a Public Hearing;
2.b. Adopt resolution.
RESOLUTION NO. 07-92 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN APPROVING TENTATIVE TRACT MAP 17144 TO
SUBDIVIDE A 131-ACRE SITE INTO 12 NUMBERED LOTS AND 28
LETTERED LOTS FOR THE PURPOSE OF DEVELOPMENT OF
COMMERCIAL BUSINESS, OPEN SPACE, PUBLIC STREETS, AND
FLOOD CONTROL FACILITIES LOCATED WITHIN THE CITY OF
TUSTIN BOUNDED BY BARRANCA PARKWAY ON THE SOUTH, RED
HILL AVENUE ON THE WEST, WARNER AVENUE ON THE NORTH,
AND ARMSTRONG AVENUE ON THE EAST
Motion 5-0
FIRST PUBLIC INPUT -Former Councilmember Earl Prescott thanked council for past year
of service.
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
3. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 20, 2007
Motion: Approve the Regular City~Council Meeting Minutes of November 20, 2007.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $1,757,125.11 and $1,617,739.36;
and Payroll in the amount of $685,646.57.
5. 2008 LOCAL APPOINTMENTS LIST
Motion: Approve the 2008 Local Appointments List for the Planning Commission,
Community Services Commission, and Audit. Commission.
6. CITY BOUNDARY REORGANIZATION NO. RO-07-01 LOCATED NEAR
EDINGER AVENUE AND SR-55 FREEWAY (PACIFIC CENTER EAST SPECIFIC
PLAN AREA)
City Council Meeting December 4, 2007
Action Agenda Page 4 of 9
Motion: Adopt resolution.
RESOLUTION NO. 07-67 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, MAKING APPLICATION TO AND
REQUESTING THE LOCAL AGENCY FORMATION COMMISSION OF
ORANGE COUNTY TO INITIATE PROCEEDINGS PURSUANT TO THE
CORTESE-KNOX-HERTZEBERG LOCAL GOVERNMENT
ORGANIZATION ACT OF 2000 FOR THE CITY OF TUSTIN AND CITY
OF SANTA ANA TO REORGANIZE APPROXIMATELY 1.215 ACRES OF
PROPERTY AND FILE REORGANIZATION NO. RO-07-01
7. SURPLUS EQUIPMENT SALES REPORT -PUBLIC WORKS DEPARTMENT
Motion: Receive and file report.
8. GRANT OF EASEMENT TO AT & T AT MAIN STREET WATER FACILITY
AT&T has requested an easement on public property at the City's Main Street
Water Facility at 275 Main Street to relocate two utility cabinets currently located
within the sidewalk area on Main Street. The existing AT&T cabinets are located
directly in front of the newly planned Tustin Library building. In exchange for the
proposed easement AT&T has agreed to quit claim two existing easements to
the City on the new Library property that would conflict with the location of the
new Library building.
Motion: Grant an easement to AT&T at the City's Main Street Water Facility for
relocation of the utility cabinets on Main Street adjacent to the new Tustin Library
properly.
9. APPROVAL OF WATER QUALITY ORDINANCE IMPLEMENTATION
AGREEMENT NO. D07-089 WITH THE ORANGE COUNTY FLOOD CONTROL
DISTRICT
The Water Quality Ordinance Implementation Agreement is a standard form
agreement, approved by the Orange County Board of Supervisors, to provide
water quality ordinance services in accordance with the requirements of the
Santa Ana Region National Pollutant Discharge Elimination System (NPDES)
stormwater permit. Under this agreement, the City of Tustin will have the
County's authorized inspector services available as a supplemental resource to
respond to pollution incidents.
Motion: Approve Water Quality Ordinance Implementation Agreement No. D07-
089 with the Orange County Flood Control District, and authorize execution of the
agreement by the Mayor and City Clerk on behalf of the City.
City Council Meeting December 4, 2007
Action Agenda Page 5 of 9
10. CONSIDERATION OF CLAIM OF JOY L. CRAWFORD CLAIM NUMBER 07-24
The Claimant has reported a raised sidewalk hazard in front of a residence on
Fernbrook Drive, where she fell and sustained injuries to her chin, wrist and
hand. She is requesting the City pay her $5,000.00 in order to cover her bills,
pain and suffering, and possible further medical problems.
Motion: Deny Claim Number 07-24, Joy L. Crawford, and direct Staff to send
notice thereof to the Claimant.
11. AWARD OF CONTRACT FOR EQUIPPING/CONSTRUCTION PHASE OF
PASADENA AVENUE WELL (CIP NO. 6130)
Bids for the Pasadena Avenue Well Project were received by the City from
qualified contractors on November 20, 2007 and a well equipping/construction
contract is now ready to be awarded to F.T. Ziebarth Company in the amount of
$2,532,700.
Motion:
11.a. Award the contract for equipping/construction phase of the Pasadena
Avenue Well Project (CIP No. 6130) to F.T. Ziebarth Company from
Fullerton, the lowest responsible bidder, in the amount of $2,532,700.00,
and authorize the Mayor and the City Clerk to execute the contract
documents on behalf of the City.
11.b. Appropriate $550,000 from the unappropriated reserves of the Water
Operations Fund (No. 70), to the Water Capital Improvement Fund (No.
73) to complete the Pasadena Avenue Well Project.
12. AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH
DOKKEN ENGINEERING FOR ADDITIONAL DESIGN SERVICES FOR THE
NEWPORT AVENUE EXTENSION PROJECT -PHASE II (CIP NO. 7131)
The Amendment to the Consultant Services Agreement between the City and
Dokken Engineering will provide additional Design Services for the Newport
Avenue Extension Project-Phase II (CIP No. 7131). The amendment amount is
$452,854 and will result in total engineering costs of $1,789,992. The total
engineering cost equates to 4.84% of the estimated construction cost
($37,000,000). Typically, a design fee in the range of 7-10% is reasonable.
Motion: Approve the Amendment to the Consultant Services Agreement with
Dokken Engineering (Dokken) to provide additional Design Services for the
Newport Avenue Extension Project-Phase II (CIP No. 7131), authorize the Mayor
City Council Meeting December 4, 2007
Action Agenda Page 6 of 9
and City Clerk to execute the Amendment on behalf of the City, and authorize
staff to move $192,854 from the appropriated acquisition budget to the final
design budget.
13. VECTOR CONTROL APPOINTMENT
Motion: Appoint Lou Bone as the Vector Control District representative to a two
year term -January 1, 2008 to December 31, 2009.
14. 2006-2007 ANNUAL REPORT
Redevelopment Law requires that the Redevelopment Agency submit to the
legislative body an annual report for the preceding fiscal year.
Motion:
14.a. Receive and file its Annual Report for FY 2006-2007;
14.b. Direct that a copy of its Annual Report for 2006-2007 and all other required
reporting documents and forms be executed in final form and filed with the
City of Tustin, the State Controller and State Department of Housing and
Community Development.
15. LETTER CONSENTING TO JOINT REPRESENTATION OF CITY OF TUSTIN
AND ORANGE COUNTY FIRE AUTHORITY REGARDING IMPLEMENTATION
AGREEMENT CONCERNING TUSTIN LEGACY FIRE STATION.
The City Attorney seeks authorization for the firm of Woodruff, Spradlin and
Smart to represent both the City and the Orange County Fire Authority in the
review of a proposed implementation agreement and subsequent documents
and agreements related to the construction and lease of a fire station at Tustin
Legacy. The City's consent is required for the City Attorney's firm to represent
both agencies in this transaction; otherwise, separate counsel will need to be
retained to review that matter for the agencies.
Motion: The City Council approve the draft letter consenting to allow Woodruff,
Spradlin & Smart to represent the City and the Orange County Fire Authority,
and authorize the Mayor to execute a consent to such representation to the City
Attorney.
REGULAR BUSINESS ITEMS
16. CITY COUNCIL -LEGISLATIVE UPDATES
City Council Meeting December 4, 2007
Action Agenda Page 7 of 9
Motion: No items to consider.
17. MAYOR AND MAYOR PRO TEM SELECTION
Mayor Davert thanked colleagues and residents for support this past year and
highlighted some accomplishments: Tustin Legacy - Lennar construction almost
complete, Village of Hope and Vestar Development in progress, as well as major
road construction; major street improvements throughout the City; Tustin Library
- finalizing plans, land acquisition, and demolition underway, with dedication
expected in 2008. This has been a year of planning -laying down groundwork,
for many projects that will soon come to fruition. Special recognition to City staff
and to the Tustin Police Department for recent transition to community
governance.
Motion: It was moved by Mayor Bone, seconded by Councilmember Davert, to
nominate Mayor Pro Tem Jerry Amante as Mayor and close the nomination for
position.
Mayor Bone declared Mayor Pro Tem Amante unanimously elected Mayor.
Mayor Amante presided over the meeting.
Mayor Amante presented plaque to outgoing Mayor Bone.
Motion: It was moved by Mayor Amante, seconded by Councilmember Bone, to
nominate Councilmember Davert as Mayor Pro Tem and close the nomination
for position. Motion carried 5-0.
OTHER BUSINESS AND COMMITTEE REPORTS
Councilmember Kawashima:
• Congratulations to the new Mayor and Mayor Pro Tem and to former Mayor Bone; and
• Thanked staff for outstanding job with Christmas Tree Lighting Ceremony.
Councilmember Palmer:
• Congratulations on election to Mayor and Mayor Pro Tem; and
• Wished everyone Merry Christmas, Happy Hanukah and Happy New Year.
Councilmember Bone:
• Attended Mayor's Round Table, looking at group homes with City of Newport Beach
taking lead;
• Congratulated Mayor and Mayor Pro Tem; and
• Wished everyone a Merry Christmas and Happy New Year.
City Council Meeting December 4, 2007
Action Agenda Page 8 of 9
Mayor Pro Tem Davert:
• Looking forward to Mayor Amante's leadership and continuing service;
• Tree Lighting ceremony was a great event,
• Rode Santa Sleigh, thanked police department for outstanding effort to serve community;
and
• Wished everyone a Merry Christmas.
Mayor Amante:
• Asked audience to fill out comment cards for Foothill 241 Corridor completion to help
relieve traffic congestion.
SECOND PUBLIC INPUT -None
ADJOURNED - 8:09 p.m. -The next regular meeting of the City Council is scheduled
for Wednesday, January 2, 2008, at 5:30 p.m. for Closed Session and
7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin,
California.
NOTE: The December 18, 2007 City Council meeting has been cancelled.
City Council Meeting December 4, 2007
Action Agenda Page 9 of 9
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
DECEMBER 4, 2007
CALL TO ORDER - 8:08 p.m.
ATTENDANCE
Present: Chair Lou Bone; Chair Pro Tem Jerry Amante; Agency Members
Doug Davert; Tony Kawashima; and Jim Palmer
Absent: None
Recording Secretary: Pamela Stoker
Others Present: William A. Huston, Executive Director and Douglas C. Holland,
City Attorney
PUBLIC INPUT -None
REGULAR BUSINESS ITEM - It was moved by Agency Member Bone, seconded by
Agency Member Palmer, to approve items 1 and 2 as recommended by staff. Motion
carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 20, 2007
Motion: Approve the Redevelopment Agency Minutes of November 20, 2007.
2. 2006-2007 ANNUAL REPORT
Redevelopment Law requires that the Redevelopment Agency submit to the
legislative body an annual report for the preceding fiscal year.
Motion: It is recommended the Redevelopment Agency receive and file its
annual report and transmit such report to the Tustin City Council.
2.a. Receive and file its Annual Report for FY 2006-2007.
2.b. Direct that a copy of its Annual Report for 2006-2007 and all other
required reporting documents and forms be executed in final form and filed
with the City of Tustin, the State Controller and State Department of
Housing and Community Development.
Community Redevelopment Agency Meeting December 4, 2007
Action Agenda Page 1 of 2
3. CHAIR AND CHAIR PRO TEM SELECTION
Motion: It was moved by Agency Member Palmer, seconded by Agency
Member Kawashima, to nominate the Mayor and Mayor Pro Tem to serve as
Chair and Chair Pro Tem. Motion carried 5-0.
ADJOURNED - 8:09 p.m. Next regular meeting is scheduled for Wednesday, January 2,
2008 at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin,
California
NOTE: The December 18, 2007 Redevelopment Agency Meeting is cancelled.
Community Redevelopment Agency Meeting December 4, 2007
Action Agenda Page 2 of 2