HomeMy WebLinkAbout06 CC Action Agenda 1-15-08ITEM #6
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Report to the `~~~ ~'~
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Planning Commission
DATE: JANUARY 22, 2008
SUBJECT: CITY COUNCIL ACTION AGENDA
JANUARY 15, 2008
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT: CITY COUNCIL ACTION AGENDA
JANUARY 15, 2008
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JANUARY 15, 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: William A. Huston, City Manager and Doug Holland, City Attorney
PUBLIC INPUT -None
CLOSED SESSION ITEMS
A. 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
B. CONFERENCE WITH LEGAL COUNSEL -POSSIBLE INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9 (c) - 1 Case
City Attorney added item #C.
C. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION pursuant to
Government Code Section 54956.9 - AAE v. City of Tustin
RECESSED - At 5:30 p.m. City Council recessed to closed session to discuss matters
City Council Meeting January 15, 2008
Action Agenda Page 1 of 10
listed under Closed Session.
RECONVENED - At 6:59 p.m. City Council reconvened in public session.
PUBLIC MEETING
CALL TO ORDER - 7:02 P.M.
INVOCATION -Councilmember Palmer
PLEDGE OF ALLEGIANCE -Councilmember Kawashima
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: William A. Huston, City Manager and Doug Holland, City Attorney
CLOSED SESSION REPORT -Add Item AAE to the agenda.
PRESENTATIONS
• Certificates of Recognition presented by Mayor Amante to the Tustin Jr. Midget
Black Cobras, Tustin Jr. Pee Wee Gold Cobras, and Tustin Pee Wee Black Cobras
team members for winning the Orange County Championship, the South Western
United States Championship, and advancing to the National Championships Pop
Warner Super Bowl where they placed, 3rd 3~d and 2"d respectively
COUNCIL RECESS AT 7:20 AND RECONVENED AT 7:24 P.M.WITH ALL MEMBERS
PRESENT
• Presentation by Marcus Brown of Tustin Preservation Conservancy who presented
the City Council with a copy of the newly released book entitled Tustin: An illustrated
HiStOry
• Presentation to the City by Robert K. Stiens, Region Manager for Southern
California Edison on "State of the System"
PUBLIC HEARING ITEMS
City Council Meeting January 15, 2008
Action Agenda Page 2 of 10
CONTINUE PUBLIC HEARING: CONDITIONAL USE PERMIT 07-014 AND
DESIGN REVIEW 07-015 FOR PROPERTY LOCATED AT 170 EL CAMINO
REAL
Conditional Use Permit 07-014 and Design Review 07-015 is a request by the
applicant to construct a 7,650 square foot mixed-use development at 170 EI
Camino Real. The project was scheduled for the Planning Commission
meeting of January 8, 2008. Per the applicant's request, this item was
continued to the January 22, 2008, Planning Commission public hearing;
therefore, the applicant has also requested that this item be continued to the
next City Council public hearing on February 5, 2008.
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Davert, to continue the public hearing for Conditional Use Permit 07-014 and
Design Review 07-015 to the February 5, 2008 City Council meeting. Motion
carried 5-0.
2. PUBLIC HEARING: REGARDING TIME LIMIT EXTENSIONS FOR THE
TOWN CENTER AND SOUTH CENTRAL REDEVELOPMENT PLANS
Time limit extensions of the Redevelopment Plans are needed for
effectiveness of each Plan and the ability to collect tax increment for the Town
Center and the South Central Redevelopment Project Areas.
Christine Shingleton, Assistant City Manager presented staff report.
The public hearing opened at 7:39 p.m. There were no speakers and the
public hearing closed at 7:39 p.m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Palmer, to introduce and have first reading, by title only of
Ordinance Nos. 1348 and 1349.
ORDINANCE NO. 1348 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE TIME LIMIT
OF THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN FOR
THE TOWN CENTER REDEVELOPMENT PLAN; EXTENDING THE
TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF
PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR
THE TOWN CENTER REDEVELOPMENT PROJECT AREA; AND
MAKING OTHER FINDINGS IN CONNECTION THEREWITH
ORDINANCE NO. 1349 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE TIME LIMIT
OF THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN FOR
THE SOUTH CENTRAL REDEVELOPMENT PLAN; EXTENDING THE
City Council Meeting January 15, 2008
Action Agenda Page 3 of 10
TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF
PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR
THE SOUTH CENTRAL REDEVELOPMENT PROJECT AREA; AND
MAKING OTHER FINDINGS IN CONNECTION THEREWITH
Motion carried 5-0.
ORAL COMMUNICATION /PUBLIC INPUT -None
CONSENT CALENDAR ITEMS -Councilmember Palmer indicated he would abstain and
Councilmember Bone dissent on Item No. 11. Mayor Amante pulled Items 7, 10 and 13
for separate discussion. It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Bone, to approve balance of consent calendar items as recommended by
staff. Motion carried 5-0.
3. APPROVAL OF MINUTES -REGULAR MEETING OF JANUARY 2, 2008
Motion: Approve the Regular City Council Meeting Minutes of January 2, 2008.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $506,395.63 and $308,998.94;
Reversals in the amount of $11,831.32; and Payroll in the amount of
$626,412.66.
5. QUARTERLY INVESTMENT REPORT
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted
Investment Policy.
Motion: Receive and file.
6. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE ANNUAL MAJOR PAVEMENT
MAINTENANCE PROJECT, FY 2007-2008 (CIP NO. 7001) AND THE
ANNUAL SIDEWALK REPAIR PROJECT, FY 2007-2008 (PROJECT NO.
402-6235)
The plans and specifications for the Annual Major Pavement Maintenance
Project, FY 2007-2008 (CIP No. 7001) and the Annual Sidewalk Repair
Project, FY 2007-2008 (Project No. 402-6235) have been prepared and the
City Council Meeting January 15, 2008
Action Agenda Page 4 of 10
projects are now ready to be bid. Notices of Exemption have been recorded
with the County of Orange for these projects since they are categorically
exempt under the California Environmental Quality Act (CEQA) requirements.
A portion of the work to be performed under the Annual Pavement
Maintenance Project is on Irvine Boulevard within the County of Orange
jurisdiction. Under a cooperative agreement the City of Tustin will be
reimbursed by the County for this work.
Motion: Adopt resolution.
RESOLUTION NO. 08-08 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE ANNUAL MAJOR PAVEMENT
MAINTENANCE PROJECT, FY 2007-2008 (CIP NO. 7001) AND THE
ANNUAL SIDEWALK REPAIR PROJECT, FY 2007-2008 (PROJECT
NO. 402-6235); AND AUTHORIZING ADVERTISEMENT FOR BIDS
7 AUTHORIZE CITY OF TUSTIN TO PARTICIPATE IN THE COUNTY OF
ORANGE RECYCLING AND WASTE DIVERSION GRANT PROGRAM
The Orange County Integrated Waste Management Department has established a
grant program for cities to implement Landfill Waste Diversion Programs. Staff is
recommending that the City Council approve the City's participation in the program
and utilize the funds to develop a program for a battery and fluorescent bulb
collection program and a program to divert green waste from Orange County landfills.
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Davert, to adopt resolution.
RESOLUTION NO. 08-05 - A RESOLUTION AUTHORIZING THE CITY
OF TUSTIN TO PARTICIPATE IN THE COUNTY OF ORANGE
RECYCLING AND WASTE DIVERSION GRANT PROGRAM
Motion carried 5-0.
8. APPROVAL OF COOPERATIVE AGREEMENT NO. D07-177 WITH THE
COUNTY OF ORANGE FOR PAVEMENT RESURFACING ON IRVINE
BOULEVARD AS PART OF THE ANNUAL MAJOR PAVEMENT
MAINTENANCE PROJECT, FY 2007-2008 (CIP NO. 7001)
A portion of the work to be performed under the City's Annual Major Pavement
Maintenance Project, FY 2007-2008 (CIP No. 7001) is on Irvine Boulevard within the
County of Orange Jurisdiction. The proposed Cooperative Agreement No D07-177
between the City of Tustin and the County of Orange provides for the County to
reimburse the City for the County's proportionate share of the work included in the
City's project.
City Council Meeting January 15, 2008
Action Agenda Page 5 of 10
Motion: Approve Cooperative Agreement No. D07-177 with the County of
Orange for pavement resurfacing on Irvine Boulevard, and authorize the
Mayor and City Clerk to execute the document on behalf of the City.
9. RELEASE OF FAITHFUL PERFORMANCE BONDS FOR LENNAR/MARBLE
MOUNTAIN PARTNERS, LLC
Pursuant to a Cooperative Agreement between the City and Lennar/Marble Mountain
Partners, LLC, related to the construction of the Valencia Avenue/Armstrong Avenue
improvements, the Developer was required to post Faithful Performance Bonds for
their fair share of the Tustin Legacy Backbone Infrastructure Program. Subsequently,
a Community Facilities District (CFD 06-1) was formed, bonds were sold, and the City
has received funds for a portion of the Developer's fair share of Legacy backbone
improvements. Lennar/Marble Mountain Partners, LLC has requested release of their
Faithful Performance Bonds to reflect City receipt of CFD 06-1 funds.
Motion: Release Faithful Performance Bonds, No. 24020614, No. 08745352,
and No. 929355472 in the total amount of $17,400,280.
10. ENCOURAGE VOLUNTARY WATER CONSERVATION BY ALL CITY OF
TUSTIN WATER SERVICE CUSTOMERS
Tustin's water wholesalers, Municipal Water District of Orange County
(MWDOC) and the Orange County Water District (OCWD) are requesting all
residents and businesses countywide to voluntarily reduce water consumption
due to restrictions on imported water supplies from the Colorado River and the
Sacramento-San Joaquin Bay Delta. Resolution No. 08-10 calls for voluntary
water conservation by all Tustin water users. A letter requesting voluntary
conservation would accompany billing statements mailed to each customer.
For 2008, if prolonged drought conditions continue on the Colorado River and
pumping of water through the Bay-Delta is significantly curtailed, mandatory
restrictions on water use may occur throughout southern California.
Recommendation: It was moved by Councilmember Bone, seconded by
Mayor Pro Tem Davert, to adopt resolution.
RESOLUTION NO. 08-10 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN ENCOURAGING VOLUNTARY WATER
CONSERVATION BY ALL CITY OF TUSTIN WATER SERVICE
CUSTOMERS
Motion carried 5-0.
111. RESOLUTION OF APPROVAL REGARDING AMENDMENT TO
CONDITIONAL USE PERMIT 01-031 (1 HOPE DRIVE)
City Council Meeting January 15, 2008
Action Agenda Page 6 of 10
On November 13, 2007, the Planning Commission conducted a public hearing
and approved the subject project. On November 20, 2007, the City Council
appealed the Planning Commission decision. At the January 2, 2008, the City
Council approved the project and directed staff to prepare a resolution of
approval with appropriate findings and conditions.
Motion: Adopt resolution.
RESOLUTION NO. 08-09 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT 01-031 ALLOWING A MEDICAL AND
DENTAL CLINIC USE AT THE TRANSITIONAL/EMERGENCY
HOUSING FACILITY AT 1 HOPE DRIVE
* Motion 3-1 (Bone dissented and Palmer abstained).
12. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION
SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM
Each year the City Council is requested to authorize the use of the City's
Assembly Bill (AB) 2766 funds to offset costs for state mandated vehicle
emission programs implemented by the City of Tustin. This year the City
Council is being requested to allocate the Fiscal Year (FY) 2007/2008 AB
2766 funds to the Tustin Ranch Road/Warner Avenue Traffic Signalization
Project.
Motion:
12.a. Authorize the use of City AB 2766 funds for the Tustin Ranch
Road/Warner Avenue Traffic Signalization Project; and
12.b. Authorize the City Manager to approve additional AB 2766
expenditures, consistent with Air Quality Management District guidance,
throughout the 2007/2008 program year as needed.
13. CITIZEN SURVEY CONSULTANT
The Council directed staff to oversee a Citizen Survey for this fiscal year. The
City Manager's Office sent RFPs to five qualified pollsters and noticed request
for proposals on the City's website.
Councilmember Kawashima inquired as to availability of results.
Communications Manager Lisa Woolery indicated that it would be available on
the City's website within 3 months.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
City Council Meeting January 15, 2008
Action Agenda Page 7 of 10
Councilmember Palmer, to approve Citizen Survey to be conducted by Godbe
Research. Motion carried 5-0.
Mayor moved to appoint Mayor Pro Tem Davert and Councilmember Palmer
to Citizen Survey Committee.
14. RENEWAL OF EMERGENCY AMBULANCE CONTRACT
Motion: Approve renewal of the 911 Emergency Ambulance Contract with
Doctors Ambulance Service for the period September 1, 2009 through August
31, 2014.
15. PLANNING ACTION AGENDA -JANUARY 8, 2008
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 January 8, 2008.
REGULAR BUSINESS ITEMS
16. RENEWAL OF JOINT POWERS AGREEMENT-ORANGE COUNTY FIRE
AUTHORITY
The Orange County Fire Authority (OCFA) was formed in 1995 to provide
regional fire and paramedic services to cities and unincorporated areas.
Currently, 22 cities and the County are members of OCFA. OCFA was created
through a Joint Powers Agreement (JPA) in 1995 which was amended in 2000
to extend the term of the JPA through June 30, 2010. OCFA and its members
decided to initiate the process for renewal of the JPA well in advance of the
June 30, 2010 expiration date because of the complexity of the JPA. The
recommended First Amendment is the result of extensive discussions among
the member agencies and detailed technical analysis of options for
establishing the terms of a new agreement.
William Huston, City Manager presented staff report.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Palmer, to approve First Amendment to the Amended Joint
Powers Authority Agreement ("First Amendment") with the Orange County
Fire Authority effective July 1, 2010. Motion carried 5-0.
17. ORDINANCE SECOND READING -ORDINANCE 1347: ZONE CHANGE 07-
003 FOR PROPERTY LOCATED AT 15771 RED HILL AVENUE
City Council Meeting January 15, 2008
Action Agenda Page 8 of 10
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.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Palmer, to have second reading by title only and adoption of
Ordinance No. 1347 (roll call vote) or action as necessary.
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.
18. LEGISLATIVE REPORT: AB1457 - HUFFMAN (AS AMENDED)
Mayor Amante sent letter attached to agenda packet to the California State
Assembly for their consideration. Letter attached for your information and/or
comment.
Council requested that all letters regarding legislative matters be posted on
the City's website.
OTHER BUSINESS /COMMITTEE REPORTS -
Councilmember Palmer:
• Heartfelt sympathies to the family of George Stewart in his passing.
Councilmember Bone:
• Southern California Association of Governments - JPA with Los Angeles, Ontario and
West Covina approved for Maglev on I-10 from LA to Ontario airport; RHENA process
litigation with La Mirada & Palmdale dismissed by court, Irvine's moved back out of LA to
OC; new Executive Director is Hasan Ikhrata;
• Water Advisory Council of Orange County -Metropolitan Water District using storage
supply from AZ to maintain water levels, charges for imported water to increase in 2008;
• Orange County Vector Control -sworn in as new member on January 10th, met with all
department heads, toured facility, brown widow spider now in OC, new epidemic, typhus,
a bacterial disease, transferred to humans by flea bites;
• MetroLink Board Meeting -free rides offered on January 26th from Tustin station to
Oceanside or Los Angeles; Quiet Zone update, moving forward with grade
crossings/separation projects including Newport and Red Hill Avenue underpasses; and
City Council Meeting January 15, 2008
Action Agenda Page 9 of 10
• Installation of new Mayor on February 7 at Tustin Ranch Golf Course.
Mayor Pro Tem Davert:
• George Stewart was a great part of Tustin, and will be missed;
• Looking forward to groundbreaking of new Tustin library next month;
• Orange County Fire Authority -focus of board has been JPA renewal to plan accurately
for next 22 years;
• Orange County Sanitation District -residents received notice under Prop 218 setting
rates for next 5 years, agency trying to comply with new mandates, federal decrees;
proposed, voted 24-1 against a future sewer charge added to Tustin residents, must be
approved by 2/3 vote of the board.
Mayor Amante:
• Transportation Corridor Agency released response to Coastal Commission report;
• Announced Astounding Inventions Convention on January 26 at Irvine Valley College;
• SCAG to have public hearing at OCTA on January 30, on Regional Transportation Plan,
encouraged residents to attend or write in, discussed Orange Light Rail Line,
Councilmember Lou Bone commented that Orange will be removed by SCAG;
• On January 31, along with Councilmember Bone, will be at Tustin Meadows to discuss
with community the efforts of OCTA/MetroLink in regards to Rail Crossings at Red Hill;
and
• Requested an update from staff at mid-year budget review the City reserves ad impacts
from State budget, also requested progress report on Tustin Legacy schools.
ADJOURNED - 8:43 p.m. -The next regular meeting of the City Council is scheduled for
Tuesday, February 5, 2008, at 5:30 p.m. for Closed Session and 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin, California.
ADJOURN IN MEMORY OF
GEORGE STEWART
City Council Meeting January 15, 2008
Action Agenda Page 10 of 10
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
JANUARY 15, 2008
CALL TO ORDER - 8:43 p.m.
ATTENDANCE
Present: Chair Jerry Amante; Chair Pro Tem Doug Davert; Agency
Members Lou Bone; 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 Kawashima, to approve item 1 as recommended by staff. Motion carried
5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF JANUARY 2, 2008
Motion: Approve the Redevelopment Agency Minutes of January 2, 2008.
ADJOURNED - 8:44 p.m. -Next regular meeting is scheduled for Tuesday, February 5,
2008 at 7:00 p.m. in the Council Chamber, 300 Centennial Way,
Tustin, California
Community Redevelopment Agency Meeting January 15, 2008
Action Agenda Page 1 of 1