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HomeMy WebLinkAboutCC MINUTES 2007 12 04MINUTES 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 Minutes 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 1. 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. Elizabeth Binsack, Director of Community Development presented staff report. The public hearing opened at 7:13 p.m. The following persons spoke in favor of City Council Meeting December 4, 2007 Minutes Page 2 of 9 the project: George Speicher and Bob Davis. The public hearing closed at 7:25 p. m. Motion: It was moved by Councilmember Davert, seconded by Councilmember Palmer, to approve as recommended: 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 COMMERCIAL/BUSINESS 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 carried 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 City Council Meeting December 4, 2007 Minutes Page 3 of 9 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). Elizabeth Binsack, Director of Community Development presented staff report. The public hearing opened at 7:30 p.m. The following person spoke in favor of the project: Simon Whitney, applicant. The public hearing closed at 7:31 p.m. 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 carried 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. City Council Meeting December 4, 2007 Minutes Page 4 of 9 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) 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 property. 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 City Council Meeting December 4, 2007 Minutes Page 5 of 9 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. 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 City Council Meeting December 4, 2007 Minutes Page 6 of 9 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 I I (CIP No. 7131), authorize the Mayor 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, City Council Meeting December 4, 2007 Minutes Page 7 of 9 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 Motion: No items to consider. 17. MAYOR AND MAYOR PRO TEM SELECTION Motion: It was moved by Mayor Bone, seconded by Councilmember Davert, to nominate Mayor Pro Tem 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 and acknowledged former Mayors in audience. 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. Mayor Amante presented plaque to outgoing Mayor Bone. Recognitions were given to outgoing Mayor Bone by Carolyn Cavecche on behalf of Orange County Transportation Authority, Congressman John Campbell's office, Assemblyman Chuck Devore's office, Tustin Chamber of Commerce, Supervisor Bill Campbell's office, Assemblyman Todd Spitzer's office, Senator Dick Ackerman's office and Orange County League of Cities. Outgoing Mayor Bone thanked residents for electing him to serve, honored by Council to serve as Mayor, many accomplishments this year including: The District, ATEC College and Orange County Sheriff's Training Academy at Tustin Legacy; honored wife, Carol for her support. Mayor Amante thanked wife, Nancy for support; highlighted upcoming projects including: new Tustin library groundbreaking in January, design completion for Legacy park, new fire station in spring, 20-year contract in January with Orange County Fire Authority, Police Department's Community Governance, greater communications with residents through video streaming of Council meetings and City Scene/Tustin Today, economic development including Tustin Legacy, especially The District, new housing as well as senior housing and looked forward to a great 2008. City Council Meeting December 4, 2007 Minutes Page 8 of 9 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. Mayor Pro Tem Davert: • Looking forward to Mayor Amante's leadership and continued 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. JERRY AMANTE Mayor PAMELA STOKER City Clerk City Council Meeting December 4, 2007 Minutes Page 9 of 9