HomeMy WebLinkAbout00 CC AGENDA 1-02-08
CITY OF TUSTIN JANUARY 2, 2008
REGULAR MEETING OF THE COUNCIL CHAMBER
CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
Doug Davert, Mayor Pro Tem William A. Huston, City Manager
Lou Bone, Councilmember Douglas Holland, City Attorney
Tony Kawashima, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk
Jim Palmer, Councilmember George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 p.m.
The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The
following items were received for the January 2, 2008
meeting of the City Council. (Agenda Items A through D)
PUBLIC INPUT
– Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION pursuant to
Government Code Section 54956.9 – AAE and Wright v. City of Tustin, Claim No.
06-20
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8
Property: Property defined within the Master Developer footprint at Tustin
Legacy (the former Marine Corps Air Station Tustin) including
Reuse Plan Disposal Parcels 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, 25,
26, 27, 28, 29, 30, 31 and portions of Reuse Plan Disposal
Parcel 40.
City Negotiators: Christine Shingleton, Assistant City Manager
Negotiators for Tustin Legacy Community Partners: Simon Whitmey
Under Negotiation: Terms and Conditions of Payment
C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to
Government Code Section 54956.9 (b) – 1 Case
D. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9 (c) – 2 Cases
City Council Meeting January 2, 2008
Agenda Page 1 of 8
PUBLIC MEETING
7:00 P.M.
CALL TO ORDER
INVOCATION, PRESENTATION OF COLORS, AND PLEDGE OF ALLEGIANCE – Tustin
American Legion
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney
PUBLIC HEARING ITEMS
A public hearing provides individuals the opportunity to be heard
regarding an intended action of the City Council/Redevelopment
Agency related to land use or fees. (Agenda Items 1 through 3)
1. GENERAL PLAN AMENDMENT 07-002
The applicant is requesting a General Plan Amendment related to the proposed
annexation of approximately 1.243 acres in the Pacific Center East Specific Plan
area, identified as Reorganization 07-01. On December 11, 2007, the Planning
Commission recommended that the City Council approve GPA 07-002.
Recommendations:
1.a. Open and close a Public Hearing;
1.b. Adopt resolution; and
RESOLUTION NO. 08-03 – A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN FINDING THAT THE FINAL ENVIRONMENTAL
IMPACT REPORT 90-1 (“FEIR”), AS REVISED BY SUPPLEMENT #1, IS
ADEQUATE TO SERVE AS THE PROJECT EIR FOR GENERAL PLAN
AMENDMENT 07-002 AND REORGANIZATION 07-01.
1.c. Adopt resolution;
RESOLUTION NO. 08-04 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN APPROVING GENERAL PLAN AMENDMENT 07-
002 TO ESTABLISH THE GENERAL PLAN DESIGNATION OF “PLANNED
COMMUNITY COMMERCIAL/BUSINESS” FOR THE ANNEXATION OF
APPROXIMATELY 1.243 ACRES IDENTIFIED AS REORGANIZATION 07-
01.
City Council Meeting January 2, 2008
Agenda Page 2 of 8
2. ZONE CHANGE 07-003 FOR PROPERTY LOCATED AT 15771 RED HILL
AVENUE
Panattoni Development Company, LLC is proposing to change the zoning on
property located at 15771 Red Hill Avenue from Planned Community Industrial
(PC-IND) to Planned Community Industrial Business (PC-IND/BUS) District. This
change in zoning would allow office uses on the property.
Recommendations:
2.a. Open and close a Public Hearing;
2.b. Introduce and have first reading, by title only of Ordinance No. 1347.
ORDINANCE NO. 1347 – AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, ADOPTING ZONE CHANGE 07-003 TO REZONE
THE PROPERTY LOCATED AT 15771 RED HILL AVENUE FROM
PLANNED COMMUNITY INDUSTRIAL (PC-IND) DISTRICT TO
PLANNED COMMUNITY INDUSTRIAL BUSINESS (PC-IND/BUS)
DISTRICT
3. APPEAL OF A PLANNING COMMISSION DECISION TO AMEND CONDITIONAL
USE PERMIT 01-031 TO ALLOW MEDICAL/DENTAL CLINIC USE
On November 20, 2007, the City Council appealed the Planning Commission’s
decision to approve Amendment to Conditional Use Permit 01-031 to allow a
medical/dental clinic use at 1 Hope Drive. The project is proposed at the Village of
Hope by the Orange County Rescue Mission (Applicant) and was approved by the
Planning Comission on November 13, 2007.
Recommendations:
3.a. Open and close a Public Hearing;
3.b. The City Council may take the following actions:
A. Take no action; thereby, leaving the Planning Commission decision
to stand;
B. Deny the use of medical/dental clinic use and request that staff return
with a City Council resolution reversing the Planning Commission’s
decision; or,
C. Remand the matter back to the Planning Commission for further
discussion and investigation of alternatives.
City Council Meeting January 2, 2008
Agenda Page 3 of 8
FIRST PUBLIC INPUT – At this time, any member of the public may address the City
Council on matters which are listed on this agenda or under the jurisdiction of the City
Council.
CONSENT CALENDAR ITEMS
All matters listed under the Consent Calendar are considered
to be routine by the City Council and will be enacted by one
motion without discussion. Persons wishing to speak
regarding Consent Calendar matters should file a “Request to
Speak” form with the City Clerk. (Agenda Items 4 through 15)
4. APPROVAL OF MINUTES – REGULAR MEETING OF DECEMBER 4, 2007 AND
SPECIAL MEETING OF DECEMBER 12, 2007
Recommendation: Approve the Regular City Council Meeting Minutes of
December 4, 2007 and Special Meeting of December 12, 2007.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $1,847,781.40,
$645,244.85, $833,865.63 and $2,350,950.67; and Payroll in the amounts of
$666,729.71 and $715,083.89.
6. PLANNING ACTION AGENDA – DECEMBER 11, 2007
All actions of the Planning Commission become final unless appealed by the City
Council or members of the public.
Recommendation: Ratify the Planning Commission Action Agenda of December
11, 2007.
7. ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY
The California Government Code, as amended, requires that Cities annually adopt
their Investment Policy. This legislative action was in response to the Orange
County bankruptcy. It requires the elected body and the Treasurer to review the
existing Investment Policy at least annually and confirm its content at a public
meeting and annually delegate authority to invest.
Recommendations:
7.a. Adopt the City of Tustin Investment Policy for calendar year 2008 with no
changes, as recommended by the City Treasurer.
City Council Meeting January 2, 2008
Agenda Page 4 of 8
7.b. Continue delegation of the Investment Policy to G.W. Jeffries and
Associates.
8. APPOINTMENT OF GEORGE W. JEFFRIES AS CITY TREASURER AND
SIGNING OF AGREEMENT BETWEEN THE CITY OF TUSTIN AND G. W.
JEFFRIES AND ASSOCIATES, INC.
The City Council is asked to consider Resolution No. 08-02 appointing George
W. Jeffries as City Treasurer and approving his personal services agreement for
one year.
Recommendations:
8.a. Adopt resolution; and
RESOLUTION NO. 08-02 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPOINTING GEORGE W.
JEFFRIES AS CITY TREASURER FOR CALENDAR YEAR 2008
8.b. Authorizing the Mayor to sign the Agreement for the Services of George
W. Jeffries.
9. DESTRUCTION OF RECORDS - CITY CLERK'S OFFICE
Resolution No. 01-91, the Record Retention/Disposition Schedule, permits
destruction of records and documents which meet certain criteria with the
approval of the City Attorney and the City Council.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-07 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE
POSSESSION OF THE CITY CLERK’S OFFICE THAT ARE NO
LONGER REQUIRED FOR CONDUCT OF CITY BUSINESS
PURSUANT TO GOVERNMENT CODE SECTION 34090 AND THE
CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE
10. ADOPT ORDINANCE NO. 1346 – 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 El
City Council Meeting January 2, 2008
Agenda Page 5 of 8
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.
Recommendation: Have second reading by title only and adoption of Ordinance
No. 1346 (roll call vote) or action as necessary.
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
11. CERTIFYING THAT THE CITY OF TUSTIN HAS THE RESOURCES TO FUND
THE PROJECTS SUBMITTED FOR INCLUSION IN THE FY 2008/09 – 2013/14
REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM AND
AFFIRMING ITS COMMITMENT TO IMPLEMENT ALL OF THE PROJECTS
SUBMITTED IN THE PROGRAM
The Orange County Transportation Authority (OCTA) requires that all local
agencies submit an approved resolution certifying that the agency has fully
funded project phases listed in the 2008 Regional Transportation Improvement
Program (RTIP). The 2008 RTIP will cover federal fiscal year 2008/09 through
2013/14.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-01 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN CALIFORNIA CERTIFYING THAT THE CITY OF
TUSTIN HAS THE RESOURCES TO FUND THE PROJECTS
SUBMITTED FOR INCLUSION IN THE FY 2008/09 - 2013/14 REGIONAL
TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING ITS
COMMITMENT TO IMPLEMENT ALL OF THE PROJECTS SUBMITTED
IN THE PROGRAM
12. RELEASE OF MONUMENTATION BOND FOR TRACT MAP NO. 16695 (THE
DISTRICT, VESTAR)
The monuments associated with the tract map have been set, inspected and
verified as complete. The Public Works Department is now recommending
release of the monumentation bond.
City Council Meeting January 2, 2008
Agenda Page 6 of 8
Recommendation: Release the following bond in the indicated amount:
Monumentation Bond No. 42 BCSDJ 8841 $15,500.00
13. APPROVAL OF AMENDMENT NO. 13 TO COOPERATIVE AGREEMENT NO.
C-95-993 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR
PROJECTS FUNDED BY MEASURE M
Approval of Amendment No. 13 provides the Orange County Transportation
Authority (OCTA) with the City of Tustin’s approval of the latest revision to the
Combined Transportation Funding Programs (CTFP) Allocations.
Recommendation: Approve Amendment No. 13 to Cooperative Agreement No.
C-95-993 with the OCTA, and authorize the Mayor and City Clerk to execute the
Agreement on behalf of the City.
14. THIRD AMENDMENT TO INFRASTRUCTURE CONSTRUCTION AND
PAYMENT AGREEMENT WITH VESTAR/KIMCO TUSTIN, L.P.
(“DEVELOPER”) FOR THE DISTRICT AT TUSTIN LEGACY
City Council authorization is requested for an amendment to the Infrastructure
Construction and Payment Agreement for the District at Tustin Legacy.
Recommendations: Subject to any non-substantive modifications as may be
determined necessary by the City’s Tustin Legacy Special Counsel or City
Attorney, approve and authorize the City Manager or Assistant City Manager to
execute the Third Amendment to the Infrastructure Construction and Payment
Agreement (the “Amendment”) between the City of Tustin and the Developer and
to carry out all actions necessary to implement the Amendment and Original
Agreement.
15. 2008 MAYORAL APPOINTMENTS TO COMMITTEES
Annually, following selection of the Mayor, the Mayor appoints those members of
the City Council who will serve on various City and County committees.
Recommendation: Receive and file report to include the following appointments:
Foothill / Eastern Transportation Corridor Agency Amante / Bone
Growth Management Areas Amante / Bone
Newport Bay Watershed Executive Committee Amante / Palmer
Orange County Council of Governments Bone / Palmer
Orange County Fire Authority Davert / Palmer
Orange County Library Board Palmer / Amante
Orange County Sanitation District Davert / Palmer
City Council Meeting January 2, 2008
Agenda Page 7 of 8
Orange County Vector Control Bone
Santa Ana / Tustin Joint Powers Agency (TSIA) Amante / Davert
Santa Ana River Flood Protection Agency Palmer / Amante
Senior Fund Board of Directors Palmer / Davert
Southern California Association of Governments (SCAG) Bone
Tustin Pride Committee Bone
Tustin Unified School District Liaison Amante / Davert
Water Advisory Committee of Orange County (WACO) Bone
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 16 and 17)
16. MAJOR STREET NAMING WITHIN AND ADJACENT TO THE TUSTIN
LEGACY PROJECT
An evaluation of the renaming streets adjacent and within Tustin Legacy has been
completed for City Council consideration.
Recommendation: Pleasure of the City Council.
17. CITY COUNCIL – LEGISLATIVE UPDATES: SUPPORT AB 579 (SWANSON) -
LAMBRA LEGISLATION
City Council support for proposed legislation to extend the term of a Local
Agency Military Recovery Area (LAMBRA) designation is requested.
Recommendation: Support AB 579 (Swanson) with certain requested
modifications and authorize the Mayor to sign support the Bill author, members
of the California State Assembly Committee on Jobs, Economic Development,
and the Economy and our local delegation.
SECOND PUBLIC INPUT – Refer to First Public Input for information.
OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council
ADJOURNMENT – The next regular meeting of the City Council is scheduled for Tuesday,
January 15, 2008, at 5:30 p.m. for Closed Session and 7:00 p.m. in the
Council Chamber, 300 Centennial Way, Tustin, California.
City Council Meeting January 2, 2008
Agenda Page 8 of 8