HomeMy WebLinkAbout03 MINUTES 01-15-08MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JANUARY 2, 2008
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
Councilmembers Lou Bone; Tony Kawashima; and Jim Palmer
Absent: None
City Clerk: Maria R. Huizar, Chief Deputy City Clerk
Others Present: Christine Shingleton, Assistant City Manager and Doug Holland, City
Attorney
PUBLIC INPUT -None
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
Minutes Page 1 of 12
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 - 7:00 P.M.
INVOCATION, PRESENTATION OF COLORS, AND PLEDGE OF ALLEGIANCE -Tustin
American Legion
ROLL CALL
Present: Mayor Jerry Amante, Mayor Pro Tem Doug Davert, Councilmembers
Lou Bone, 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 -City Attorney Holland reported that the City Council
authorized the settlement of Wright v. City of Tustin, Claim No. 06-20.
PUBLIC HEARING ITEMS
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.
Community Development Director Elizabeth Binsack presented staff report.
GPA 07-002 would establish the General Plan land use designation of
"Planned Community Commercial/Business" and revise some text and
several maps in the Tustin General Plan to reflect a proposed reorganization
of the City boundary in the Pacific Center East Specific Plan area.
Prior to taking action on the proposed reorganization, LAFCO requires that
the City of Tustin adopt a General Plan Amendment for the territory to be
annexed.
City Council Meeting January 2, 2008
Minutes Page 2 of 12
^ A Prezone is not required because the Pacific Center East Specific Plan
already includes the area to be annexed to the City of Tustin, and the
associated Planned Community zoning was established in 1991.
Project Location
^ The project site is located within the Pacific Center East Specific Plan area
at the SR-55 Freeway and Edinger Avenue.
^ The site is zoned for regional center uses within Planning Area 5 of the
Pacific Center East Specific Plan.
^ Area proposed to be annexed is developed with a public street and a portion
of an on-ramp to the SR-55 Freeway at Edinger Avenue. The ramp is
proposed to be abandoned and replaced with a new on-ramp at another
location.
Reorganization 07-01
^ The proposed reorganization includes the following actions:
^ Detachment of approximately 1.243 acres from the City of Santa Ana and
annexation of the same 1.243 acres to the City of Tustin
^ Amendments to both cities' spheres of influence.
^ The boundary reorganization would improve the delivery of public services
such as law enforcement and waste collection to the annexed area.
^ The reorganization would place Planning Area 5 of the Pacific Center East
Specific Plan entirely within one city rather than split it illogically between two
cities.
^ The City Council initiated the boundary reorganization on December 7, 2007.
^ If the City Council approves General Plan Amendment 07-002, LAFCO
would schedule their public hearing for the boundary reorganization and
related sphere of influence amendments once they have received the
required application.
^ LAFCO staff anticipates that the application can be processed in four to six
months.
^ If the annexation is approved by LAFCO, the general plan designation would
become official for the annexed territory.
Environmental
^ On December 17, 1990, the Tustin City Council certified Final EIR 90-1 for
the Pacific Center East Specific Plan. On~ May 5, 2003, the City of Tustin
City Council certified the Final Environmental Report 90-1, as revised by
Final Supplement #1, for the project entitled "Newport Avenue Extension,
State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and
Del Amo Avenue Widening."
^ The proposed general plan amendment and boundary reorganization are
consistent with the Pacific Center East Specific Plan and the development
intensity previously considered for Planning Area 5 in the certified FEIR.
^ Staff has prepared an Environmental Analysis checklist that demonstrates all
potential impacts of the proposed. general plan amendment and boundary
reorganization were addressed by the certified FEIR, and no additional
impacts have been identified.
City Council Meeting January 2, 2008
Minutes Page 3 of 12
The public hearing opened at 7:08 p.m. There were no speakers and the public
hearing closed at 7:08 p.m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Palmer, to approve as recommended:
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.
Motion carried 5-0.
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.
Community Development Director Elizabeth Binsack presented staff report.
Background
^ The site is 5.96 acres and is developed with a 79,756 square-foot building.
^ It is currently occupied by Cookie Lee, a jewelry wholesale business, that no
longer plans to utilize their building to warehouse and manufacture products.
^ Panattoni Development Company plans to purchase the property and utilize
the building for office uses.
Zone Change 07-003
^ The Planned Community Industrial (PC-IND) District only allows light
City Council Meeting January 2, 2008
Minutes Page 4 of 12
industrial uses. Office uses are permitted only as incidental uses to the
permitted industrial type land use.
The Planned Community Industrial/Business (PC-IND/BUS) District would
allow all permitted land uses in the PC-IND District as well as offices uses.
To accommodate the proposed office use, the applicant is proposing to
change the land use designation from PC-IND to PC-IND/BUS.
The public hearing opened at 7:11 p.m. There were no speakers and the public
hearing closed at 7:11 p.m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Kawashima, to approve as recommended:
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
Motion carried 5-0.
Councilmember Palmer excused himself from the proceedings due to a conflict of interest
and left the dais at 7:12 p.m.
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.
Community Development Director Elizabeth Binsack presented staff report.
Project Location
^ 1 Hope Drive (formerly Bumblebee Road)
^ MCAS Tustin Specific Plan District
Background
^ On December 10, 2001, the Planning Commission approved CUP 01-031,
through the adoption of Resolution No. 3817, for a transitional housing facility
City Council Meeting January 2, 2008
Minutes Page 5 of 12
with 192 beds and support accessory uses.
^ This original approval did not include amedical/ dental clinic use providing
service to the public. The original application and approval only described
accessory uses that would serve the facility residents and the required parking
was based on the number of beds in the facility.
^ Condition 3.1 of Resolution No. 3817 could allow on-site ancillary uses
consistent with the mission of the provision of transitional housing.
^ However, Condition 3.1 was not applicable to the proposed medical/dental
clinic because the clinic would provide service to the general public and not
exclusively to the transitional housing residents on-site.
^ The subject property is zoned MCAS Tustin Specific Plan (Planning Area 3).
Pursuant to Section 3.3.4A of the MCAS Tustin Specific Plan, amedical/dental
clinic is a conditionally permitted use.
^ The proposed clinic would replace the applicant's existing 3,000 square foot
clinic facility in Santa Ana.
Project Description
^ The project is a request to amend CUP 01-031 to allow a medical and dental
clinic use at the Village of Hope transitional housing facility.
^ The proposed clinic facility would be located on the 1st floor of Building B
(Men's Dormitory).
Parking
^ The site is improved with 64 existing parking spaces.
^ Transitional Housing Facility requires 48 spaces; thus, there are 16 surplus
spaces.
The applicant submitted a parking study based on the existing clinic in Santa
Ana. The study concluded that the maximum parking demand for the use is 11
parking spaces.
Therefore, the 16 surplus parking spaces would be able to accommodate the
proposed use.
If, in the future, parking or traffic problems occur, Condition 2.4 has been added
to allow the City to monitor the problem and require any necessary mitigation.
Recommendation
^ City Council may take the following actions:
^ Take no action; thereby, leaving the Planning Commission decision to
stand;
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,
Remand the matter back to the Planning Commission for further discussion
and investigation of alternatives.
The public hearing opened at 7:21 p.m. Christopher Ferebee, board member of
the Orange County Rescue Mission, spoke in favor of Amending CUP 01-031.
There were no other speakers and the public hearing closed at 7:23 p.m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
City Council Meeting January 2, 2008
Minutes Page 6 of 12
Kawashima, to:
3.a. Open and close a Public Hearing; and
3.b. Uphold the Planning Commission action with modifications to condition
2.4 and request that staff return to the City Council with a resolution.
Motion carried 3-1 (Palmer abstained, Bone opposed).
Councilmember Palmer did not participate in consideration of this item. He re-joined the
meeting at 7:30 p.m.
FIRST PUBLIC INPUT -None
CONSENT CALENDAR ITEMS -Mayor Amante pulled Items 7, 8 and 15 for separate
discussion. It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Palmer, to approve balance of consent calendar items as recommended by staff and carry
out a Roll Call Vote on Item 10. Motion carried 5-0.
4. APPROVAL OF MINUTES -REGULAR MEETING OF DECEMBER 4, 2007 AND
SPECIAL MEETING OF DECEMBER 12, 2007
Motion: 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
Motion: 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.
Motion: 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
City Council Meeting January 2, 2008
Minutes Page 7 of 12
existing Investment Policy at least annually and confirm its content at a public
meeting and annually delegate authority to invest.
Mayor Amante commented on item 7 and 8 jointly; thanked City Treasurer George
Jeffries for his years of service to the City and conservative, well-managed
investments.
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert,
to
7.a. Adopt the City of Tustin Investment Policy for calendar year 2008 with no
changes, as recommended by the City Treasurer.
7.b. Continue delegation of the Investment Policy to G.W. Jeffries and
Associates.
Motion carried 5-0.
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.
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert,
to
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.
Motion carried 5-0.
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.
City Council Meeting January 2, 2008
Minutes Page 8 of 12
Motion: 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 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.
Motion:. 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
City Council Meeting January 2, 2008
Minutes Page 9 of 12
Program (RTIP). The 2008 RTIP will cover federal fiscal year 2008/09 through
2013/14.
Motion: 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.
Motion: 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.
Motion: 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.
Motion: Subject to any non-substantive modifications as may be determined
necessary by the City's Tustin Legacy Special Counsel or City Attorney,
City Council Meeting January 2, 2008
Minutes Page 10 of 12
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.
Mayor Amante noted that Tustin Pride Committee does not require a Council
representative thus Councilmember Bone no longer needed on committee.
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert,
to 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
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 Unified School District Liaison Amante /Davert
Water Advisory Committee of Orange County (WACO) Bone
Motion carried 5-0.
REGULAR BUSINESS ITEMS
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.
Mayor Pro Tem Davert suggested name changes to Edinger, Valencia and
Armstrong.
Councilmember Palmer supports changes to Edinger and Valencia.
City Council Meeting January 2, 2008
Minutes Page 11 of 12
Councilmember Kawashima would like to see more options for Valencia Avenue
and in particular names that would help market the District.
Councilmember Bone supports changes to Armstrong and Loop Road but not the
rest of the streets.
Mayor Amante would like to see changes to Armstrong and Loop Road, this is the
only opportunity to make changes, should consider thoughtfully.
Motion: Council unanimously concurred to receive and file report.
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.
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Kawashima, to 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. Motion carried 5-0.
SECOND PUBLIC INPUT -None
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Kawashima:
• Wished all a happy & prosperous 2008; and
• Heavy rainfall predicted for the weekend, asked everyone to drive safely.
Councilmember Palmer:
• Congratulated award winners for holiday decorations; and
• Thanked City for Tree Lighting ceremony and all the volunteers for their efforts.
Mayor Pro Tem Davert:
• Great and happy new year to all.
Mayor Amante:
• Looks forward to an exciting year ahead; and
• Urged everyone to support completion of 241 Toll Road extension.
ADJOURNED - 7:54 P.M. -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
Minutes Page 12 of 12