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Home My WebLink AboutCC MINUTES 2008 01 15MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JANUARY 15, 2008 CALL TO ORDER MEETING #2178 AT5:30 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 AGENDA ITEM ADDED At the City Attorney's request, motion that there is an immediate need to take action on a matter and that need arose after the posting of the Agenda and the following item should be added to the Agenda: City Council Meeting January 15, 2008 Minutes Page 1 of 11 C. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION pursuant to Government Code Section 54956.9 - AAE v. City of Tustin Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem Davert, to add item to Closed Session. Motion carried 5-0. RECESSED - At 5:30 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENED - At 6:59 p.m. City Council reconvened in public session. PUBLIC MEETING #2178 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 - No reportable action. 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, 3~d, 3~d and 2"d respectively COUNCIL RECESSED at 7:20 p.m. and RECONVENED at 7:24 p.m. with all members present • Presentation by Markus Brown of Tustin Preservation Conservancy who presented City Council Meeting January 15, 2008 Minutes Page 2 of 11 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 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 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 City Council Meeting January 15, 2008 Minutes Page 3 of 11 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 Motion carried 5-0. ORAL COMMUNICATION /PUBLIC INPUT -None CONSENT CALENDAR ITEMS -Councilmember Palmer indicated he would abstain and Councilmember Bone dissented 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 City Council Meeting January 15, 2008 Minutes Page 4 of 11 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 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. Councilmember Bone complemented proposed program and inquired on e- waste. Tim Serlet, Public Works Director noted that proposed program will concentrate on battery and fluorescent bulbs and a-waste collection was included in Franchise Agreement with CC&R and managed separately. 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 City Council Meeting January 15, 2008 Minutes Page 5 of 11 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. 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 City Council Meeting January 15, 2008 Minutes Page 6 of 11 pumping of water through the Bay-Delta is significantly curtailed, mandatory restrictions on water use may occur throughout southern California. Mayor Amante indicated that letter would be mailed to water consumers encouraging conservation. City investing in infrastructure improvements to facilitate this effort. Councilmember Bone noted that water consumption in our City had increased. 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. 11. RESOLUTION OF APPROVAL REGARDING AMENDMENT TO CONDITIONAL USE PERMIT 01-031: VILLAGE OF HOPE BY THE ORANGE COUNTY RESCUE MISSION AT 1 HOPE DRIVE 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 City Council Meeting January 15, 2008 Minutes Page 7 of 11 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. Mayor Amante noted the continued efforts to improve communication with citizenry by approving other such projects like website enhancements and streaming of council meetings. Councilmember Kawashima inquired as to availability of results. Lisa Woolery, Communications Manager indicated that results would be made public and posted on the City's website within 3 months. Motion: It was moved by Mayor Pro Tem Davert, seconded by 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 City Council Meeting January 15, 2008 Minutes Page 8 of 11 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 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 City Council Meeting January 15, 2008 Minutes Page 9 of 11 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 • 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; and • 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. City Council Meeting January 15, 2008 Minutes Page 10 of 11 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 JERRY AMANTE, Mayor PAMELA STOKER, City Clerk City Council Meeting January 15, 2008 Minutes Page 11 of 11