HomeMy WebLinkAbout00 CC AGENDA 2-5-08
CITY OF TUSTIN FEBRUARY 5, 2008
REGULAR MEETING OF THE COUNCIL CHAMBER
#2181
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 February 5, 2008
meeting of the City Council. (Agenda Items A through C)
CALL TO ORDER
ATTENDANCE
PUBLIC INPUT – Members of the public may address the City Council on items on the Closed
Session Agenda.
CLOSED SESSION ITEMS
A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section
54957.6
Agency Negotiators: Kristi Recchia, Director of Human Resources
Employee Organization: Tustin Municipal Employees Association (TMEA)
B. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION pursuant to
Government Code Section 54956.9(b)(E) – One(1) case
C. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a) – Two (2) Cases: City of Newport Beach and City
of Tustin v. City of Irvine et al. Case No. 07CC01264 (Martin St.); and City of Newport
Beach and City of Tustin v. City of Irvine et al. Case No.07CC01265 (2851 Alton)
City Council Meeting February 5, 2008
Agenda Page 1 of 8
PUBLIC MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2181
INVOCATION – Father John Block, St. Cecilia’s Church
PLEDGE OF ALLEGIANCE – Mayor Amante
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney
PRESENTATIONS
Orange County Human Relations Council to present Annual Report and Certificate of
Recognition to the City of Tustin
Certificate of Recognition presented by Mayor Amante to Rutabegorz on their 30th
anniversary in the city of Tustin
Certificate of Recognition presented by Mayor Amante to Tustin Fine Arts Council in
recognition of their attainment of the “Outstanding Contributions to Education” award by
the Orange County Department of Education
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 Item 1)
1. 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 Planning Commission is also reviewing the proposal and will provide a
recommendation to the City Council on the proposal. At the January 22, 2008
Planning Commission public hearing, the item was continued to the February 26th
meeting. Therefore, City Council consideration must also be continued to the March
4, 2008 City Council meeting.
City Council Meeting February 5, 2008
Agenda Page 2 of 8
Recommendation: Continue the public hearing for Conditional Use Permit 07-014
and Design Review 07-015 to the March 4, 2008, City Council meeting.
ORAL COMMUNICATION / 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 2 through 16)
2. APPROVAL OF MINUTES – REGULAR MEETING OF JANUARY 15, 2008 AND
SPECIAL MEETINGS OF JANUARY 18 AND 28, 2008
Recommendation: Approve the Regular City Council Meeting Minutes of January 15,
2008 and Special Meetings of January 18 and 28, 2008.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $478,863.47, $1,687,652.25,
and $3,413,333.65; and Payroll in the amount of $998,518.99 and $665,716.94.
4. PLANNING ACTION AGENDA – JANUARY 22, 2008
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 January 22,
2008.
5. DESTRUCTION OF RECORDS – POLICE DEPARTMENT
Government Code Section 34090 and Resolution No. 01-91, 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. 08-11 - 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
City Council Meeting February 5, 2008
Agenda Page 3 of 8
THE TUSTIN POLICE DEPARTMENT THAT ARE NO LONGER REQUIRED
FOR TUSTIN POLICE DEPARTMENT BUSINESS PURSUANT TO
GOVERNMENT CODE SECTION 34090 AND THE CITY OF TUSTIN'S
RECORDS RETENTION SCHEDULE
6. DESTRUCTION OF RECORDS - HUMAN RESOURCES
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. The Human Resources Department is in
the process of purging old records that we are no longer required to retain pursuant
to the City's Record Retention Schedule.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-12 - 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 HUMAN RESOURCES DEPARTMENT OF THE CITY OF TUSTIN NO
LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS,
PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S
RECORDS RETENTION SCHEDULE
7. CONSIDERATION OF CLAIM OF CLARENCE CURRY, CLAIM NO. 07-40
The Claimant reported that high winds caused a large branch from a City tree to
break and fall on his parked vehicle. This resulted in damage to the signal light
casing, front bumper and outside mirror, and scratches along the side of the car.
Recommendation: Deny Claim Number 07-40, Clarence Curry, and direct Staff to
send notice thereof to the Claimant.
8. CONSIDERATION OF CLAIM OF EDMUNDO DIAZ, JR., CLAIM NO. 07-38
It was reported by the Claimant that a rotten City tree fell on top of his car. The
resulting damage included a broken windshield, dents on the hood, driver and
passenger doors, and gouges and scratches to the vehicle, with an estimated repair
cost of $3,000 to $4,000.
Deny Claim Number 07-38, Edmundo Diaz, Jr., and direct Staff
Recommendation:
to send notice thereof to the Claimant.
9. CONSIDERATION OF CLAIM OF BERNARDO G. LARIOS, CLAIM NO. 07-31
The Claimant has reported that while his truck was parked on the street in Tustin, a
tree fell and scratched his vehicle and another car that was in front of it. The
Claimant's cost for the painting needed due to the scratches and dents on his
City Council Meeting February 5, 2008
Agenda Page 4 of 8
vehicle was $1,367.44.
Deny Claim Number 07-31, Bernardo G. Larios, and direct Staff
Recommendation:
to send notice thereof to the Claimant.
10. CONSIDERATION OF CLAIM OF R. J. REALTY INVESTORS, CLAIM NUMBER
07-37
The Claimant reported that a City tree located on the sidewalk on Holt Avenue
caused a cracked water line underground, resulting in leakage and a broken
sidewalk. A plumbing invoice was submitted in the amount of $8,370.83 for the
necessary repair work.
That the City Council deny Claim Number 07-37, R. J. Realty
Recommendation:
Investors, and direct Staff to send notice thereof to the Claimant.
11. CONSIDERATION OF CLAIM OF JAMIE ANN STOFFEL, CLAIM NO. 07-32
It was reported by the Claimant that while her Honda Civic was parked on Pasadena
Avenue on the evening of September 7, 2007, a (City) tree fell on the car. She
provided a preliminary estimate of $2,350.71 to repair the dents and scratches to
her vehicle, and stated she would need a rental car to get to work while the repairs
were being done.
Recommendation: Deny Claim Number 07-32, Jamie Ann Stoffel, and direct Staff to
send notice thereof to the Claimant.
12. CONSIDERATION OF CLAIM OF SHAWN WHITLOCK, CLAIM NO. 07-34
The Claimant reported that Tustin Police Officers damaged the interior of his car,
including the dash, radio, cup holder and panels. He stated there were wires sticking
out everywhere and all the controls were dead afterwards. He gave an estimate of
the damage at $2,500.00.
That the City Council deny Claim Number 07-34, Shawn
Recommendation:
Whitlock, and direct Staff to send notice thereof to the Claimant and Claimant's
attorney.
13. APPROVAL OF AGREEMENT NO. D07-162 WITH THE COUNTY OF ORANGE
FOR THE PROPOSITION 42 CITY AID PROGRAM FOR FISCAL YEAR 2008/09
Approval of the agreement will allow the City of Tustin to share in the County of
Orange's Proposition 42 allocation under their City Aid Program (CAP) for roadway
maintenance projects. The County of Orange has approved $10 million to share with
Orange County cities on a pro-rata basis based on population. The City of Tustin's
share is $236,075.
City Council Meeting February 5, 2008
Agenda Page 5 of 8
Recommendation: Approve Agreement No. D07-162 with the County of Orange for
the Proposition 42 City Aid Program, and authorize the Mayor and City Clerk to
execute the document on behalf of the City.
14. ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2008-2009
The purpose of the Engineer's Report is to set forth findings and the engineering
analysis to levy assessments in the Tustin Landscape and Lighting District for the
2008-2009 Fiscal Year.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-15 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF
AN ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL
YEAR 2008-2009
15. CITY OF TUSTIN RESPONSE TO DRAFT SCAG 2008 RTP AND DRAFT PEIR
City Council authorization is requested for the City of Tustin's response to the
Southern California Association of Governments (SCAG) Draft 2008 Regional
Transportation Plan (RTP) and associated Draft Program Environmental Impact
Report (DPEIR).
Recommendation: Authorize the Mayor to send a comment letter to SCAG
regarding the Draft 2008 RTP and Draft PEIR.
16. ORANGE COUNTY SHERIFF’S DEPARTMENT (OCSD) KATELLA FACILITY
LICENSING AGREEMENT
The Tustin Police Department conducts firearms and officer safety training on a
regular and ongoing basis utilizing off-site facilities. The Orange County Sheriff's
Department Katella Training Facility is one of the venues available for these
activities. We have utilized the facility in the past, but for the last several years, our
contract was in limbo awaiting the County Board of Supervisors' approval of the re-
drafting of the licensing agreement. The new licensing agreement is now available
for signing. The availability and multiple use options of the Katella facility warrant the
execution of the new licensing agreement.
Recommendation: Execute the licensing agreement between the Orange County
Sheriff's Department and the Tustin Police Department for the use of the Katella
Training Facility.
City Council Meeting February 5, 2008
Agenda Page 6 of 8
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 17 through 22)
17. AMENDMENT NO. 6 TO EMPLOYMENT AGREEMENT WITH THE CITY MANAGER
The City Council's authorized negotiators and the City Manager have reached a verbal
agreement on the City Manager's salary. There are no other changes to the City
Manager's Employment Agreement. Resolution No. 08-16 would authorize the salary
adjustment by approving Amendment No. 6 to the Employment Agreement.
Recommendation: Pleasure of the City Council.
18. STATUS OF PUBLIC EDUCATIONAL USES AT TUSTIN LEGACY
The City Council directed staff to provide a status report regarding educational uses
at the Tustin Legacy project. A presentation will be made at the February 5, 2008
City Council meeting.
Recommendation: Pleasure of the City Council.
19. ORDINANCE SECOND READING: 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.
Recommendations: Have second reading by title only and adoption of Ordinance No.
1348 and 1349 (roll call vote) or action as necessary.
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 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
City Council Meeting February 5, 2008
Agenda Page 7 of 8
20. SET INTERVIEW DATE FOR COMMISSION VACANCIES: COMMUNITY
SERVICES COMMISSION AND PLANNING COMMISSION
Due to term expirations, staff is requesting that the City Council set a date and time
to conduct interviews to fill vacancies on the Community Services Commission
(formerly Parks and Recreation), and the Planning Commission. Staff suggests that
interviews and selection of commissioners be scheduled for Tuesday, March 4th as
a Regular Business item.
Recommendation: Pleasure of the City Council.
21. LEGISLATIVE REPORTS - ASSEMBLY BILL 1756 (CABALLERO)
Assembly Bill 1756 would encourage and support the use of public-private-
partnerships to finance and construct infrastructure projects. Staff is recommending
that we monitor this legislation and report any significant changes to the City
Council.
Staff recommends the City Council take no action at this time.
Recommendation:
Staff will monitor the bill and report any significant changes to the City Council.
22. LEGISLATIVE REPORTS - ASSEMBLY BILL 1261 (CABALLERO)
Assembly Bill 1261 would reaffirm a local governmental agency authority to enter
into an agreement with a private entity for financing for specified types of revenue
generating infrastructure projects. The Bill is currently before the Senate
Appropriations Committee and staff is recommending that a letter of support be sent
to the committee members and local representatives.
Recommendation: Staff recommends that the City Council send a letter of support
for Assembly Bill 1261 to the Senate Appropriations Committee and local legislators.
OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council
ADJOURNMENT – The next regular meeting of the City Council is scheduled for Tuesday,
February 19, 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
STEVE ANDERSON,
La Habra City Councilmember
City Council Meeting February 5, 2008
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