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Home My WebLink AboutCC MINUTES 2008 02 05MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA FEBRUARY 5, 2008 CALL TO ORDER MEETING #2181 AT 5:30 P.M. ATTENDANCE Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and Councilmembers Lou Bone and Tony Kawashima Absent: Councilmember Jim Palmer 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 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. 070001264 (Martin St.); and City of Newport Beach and City of Tustin v. City of Irvine et al. Case No.070001265 (2851 Alton) 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. City Council Meeting February 5, 2008 Minutes Page 1 of 11 PUBLIC MEETING CALL TO ORDER MEETING #2181 AT 7:00 P.M. INVOCATION -Mayor Pro Tem Davert PLEDGE OF ALLEGIANCE -Mayor Amante ROLL CALL Present: Mayor Jerry Amante, Mayor Pro Tem Doug Davert, Councilmembers Lou Bone and Tony Kawashima Absent: Councilmember Jim Palmer City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Doug Holland, City Attorney CLOSED SESSION REPORT - No reportable action. PRESENTATIONS • Orange County Human Relations Council representative Yesenia Velez presented Annual Report and Certificate of Recognition to the City of Tustin • Certificate of Recognition presented by Mayor Amante to Paul Berkman owner of Rutabegorz on their 30th anniversary in the city of Tustin • Certificate of Recognition presented by Mayor Amante to Tustin Area Council for Fine Arts in recognition of their attainment of the "Outstanding Contributions to Education" award by the Orange County Department of Education PUBLIC HEARING ITEM 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 arecommendation to the City Council on the proposal. At the January 22, 2008 Planning Commission public hearing, the item was continued to the City Council Meeting Minutes February 5, 2008 Page 2 of 11 February 26th meeting. Therefore, City Council consideration must also be continued to the March 4, 2008 City Council meeting. It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima, to 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 -Pam Poucher commented on new high school site at Tustin Legacy. CONSENT CALENDAR ITEMS -Mayor Amante pulled Item 15 for separate discussion. It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to approve the balance of Consent Calendar Items as recommended by staff. Motion carried 4-0 (Palmer absent). 2. APPROVAL OF MINUTES -REGULAR MEETING OF JANUARY 15, 2008 AND SPECIAL MEETINGS OF JANUARY 18 AND 28, 2008 Motion: 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 Motion: 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. Motion: 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. Motion: Adopt resolution RESOLUTION NO. 08-11 - A RESOLUTION OF THE CITY COUNCIL OF City Council Meeting February 5, 2008 Minutes Page 3 of 11 THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF 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. Motion: 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. Motion: 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. Motion: Deny Claim Number 07-38, Edmundo Diaz, Jr., and direct Staff to send notice thereof to the Claimant. City Council Meeting February 5, 2008 Minutes Page 4 of 11 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 vehicle was $1,367.44. Motion: Deny Claim Number 07-31, Bernardo G. Larios, and direct Staff 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. Motion: Deny Claim Number 07-37, R. J. Realty 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. Motion: 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. Motion: Deny Claim Number 07-34, Shawn 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 City Council Meeting February 5, 2008 Minutes Page 5 of 11 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. Motion: 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. Motion: 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). Mayor Amante commented on SCAG's draft Regional Transportation Plan. Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert, to authorize the Mayor to send a comment letter to SCAG regarding the Draft 2008 RTP and Draft PEIR. Motion carried 4-0 (Palmer absent). 16. ORANGE COUNTY SHERIFF'S DEPARTMENT (OCSD) KATELLA FACILITY LICENSING AGREEMENT The Tustin Police Department conducts firearms and officer safety training on a ~.¢. City Council Meeting February 5, 2008 Minutes Page 6 of 11 regular and ongoing basis utilizing off-site facilities. The Orange County Sheriffs 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. Motion: Execute the licensing agreement between the Orange County Sheriffs Department and the Tustin Police Department for the use of the Katella Training Facility. REGULAR BUSINESS ITEMS 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. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to: 17.a. Adopt resolution; and RESOLUTION NO.08-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER 17.b. Approve Amendment No. 6 to the Employment Agreement with City Manager. Motion carried 4-0 (Palmer absent). 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. City Manager Huston and Simon Whitmey, Tustin Legacy Community Partners, presented status report and Gary Gibbs, Gibbs and Associates, gave financial report on school development. City Council Meeting February 5, 2008 Minutes Page 7 of 11 Erin Moore thanked City for efforts and planning for new high school at Tustin Legacy. Erin Nielsen spoke on behalf of Tustin High School PTO, students would benefit greatly from a new school. Bob Machado spoke of concern with pollution of present location due to proximity to freeway. John Nielsen addressed the Council on need for new school and suggested that joint meeting with school district be held. Alex Bower, attorney representing school district, gave brief history on past agreements. Scott Allen thanked City and developer for presentation. Mayor Pro Tem Davert thanked staff, urged community to stay in involved, is committed to project. Councilmember Kawashima commented on presentation and process on school development so far. Councilmember Bone frustrated with lengthy process. Mayor Amante reiterated that council is 100% committed to new schools at Tustin Legacy and will continue to work with school district. 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. Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem Davert, to 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 , City Council Meeting February 5, 2008 Minutes Page 8 of 11 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 4-0 (Palmer absent). 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. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to schedule interviews for Tuesday, March 4th as a Regular Business item. Motion carried 4-0 (Palmer absent). 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. Take no action at this time. 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. Councilmember Bone asked that a future bill giving LAFCO land use authority and AB 642, be monitored. City Council Meeting February 5, 2008 Minutes Page 9 of 11 Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to send a letter of support for Assembly Bill 1261 to the Senate Appropriations Committee and local legislators. Motion carried 4-0 (Palmer ,,. absent). OTHER BUSINESS /COMMITTEE REPORTS - Councilmember Kawashima: • Commented on the privilege of voting. Councilmember Bone: • Metrolink board met in Temecula, checked out new Perris rail line to start in 2 years, 100 year old station being refurbished; • Appointed to SCAG's Contracts Committee as Vice Chair; • Water Advisory Committee of Orange County report -Tustin water usage down 108 acre feet; • Commented that Cowan Heights was annexed into Orange County Sanitation District; • State League's Communication, Public Works and Policy Committee differing numbers on budget shortage; • Bond issuance to be forthcoming in 2008, especially school and water bonds; • Orange County Vector Control board gave a Typhus update; • Judged the Astounding Inventions Convention at Irvine Valley College; • Attended Beach Pit BBQ and The Cravery grand openings; • Announced that June 1St is Street Fair and Chili Cook Off; and • Groundbreaking of new Tustin Library is February 21St at 8:30 a.m. Mayor Pro Tem Davert: • Looking forward to Library groundbreaking; • Echoed Councilmember Kawashima's comments on voting • Orange County Fire Authority Station 21 will obtain new fire dog; • JPA with OCFA extended for 20 years; Santiago fire After Action report due in March • Attended Orange County Sanitation District's groundwater replenishment system opening; • Mayor's inaugural dinner this Thursday; • Thanked Councilmember Bone and Mayor Amante for Tustin Meadows Town Hall meeting last week on quiet zone; and • Miss Tustin event to be held on March 1St Mayor Amante: • Attended Beach Pit BBQ grand opening; • Astounding Inventions Convention event was great; • Thanked Tustin Meadows for hosting Town Hall Meeting; will have opportunities throughout the year to have similar meetings on topics of interest to the area; • California Coastal Commission hearing tomorrow at Del Mar; • Thanked Kiwanis, Rotary and Lions clubs for invitation to their meetings; City Council Meeting February 5, 2008 Minutes Page 10 of 11 • Thanked John Abelove of Tustin Unified School District for attending meeting; • Pop Warner Football champs on float parade at Disneyland, proud of them; • Adjourn in memory of Steve Anderson, La Habra City councilmember. Mayor Pro Tem Davert commented on his excellent leadership, magnificent person and close friend who died much too young and will be greatly missed. ADJOURNED - 8:54 p.m. -The next regular meeting of the City Council is scheduled for Tuesday, Febnaary 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 DOUG DAVERT Mayor Pro Tem PAMELA STOKER, City Clerk City Council Meeting Minutes February 5, 2008 Page 11 of 11