HomeMy WebLinkAboutCC MINUTES 2008 02 19MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
FEBRUARY 19, 2008
CALL TO ORDER MEETING #2182 AT 5:30 P.M.
ATTENDANCE
Present: Mayor Pro Tem Doug Davert; and Councilmembers Lou Bone, Tony
Kawashima, and Jim Palmer
Absent: Mayor Jerry Amante
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 LEGAL COUNSEL -EXPOSURE TO LITIGATION pursuant
to Government Code Section 54956.9(b)(E) - One(1) case
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
CALL TO ORDER MEETING #2182 AT 7:00 P.M.
INVOCATION -Councilmember Palmer
PLEDGE OF ALLEGIANCE -Councilmember Bone
City Council Meeting February 19, 2008
Minutes Page 1 of 11
ROLL CALL
Present: Mayor Pro Tem Doug Davert, Councilmembers Lou Bone, Tony
Kawashima, and Jim Palmer
Absent: Mayor Jerry Amante
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 Arroyo Elementary and
Tustin Memorial Academy for being recognized by the U. S. Department of Education
as 2007 No Child Left Behind (NCLB) -Blue Ribbon Schools. Schools receiving this
honor are considered national models of excellence.
• Certificate of Recognition presented by Planning Commission Chair John Nielsen and
Mayor Jerry Amante to Audrey Heredia of The McCharles House at 335 South C
Street, Tustin for Outstanding Old Town Property for first quarter of 2008.
ORAL COMMUNICATION /PUBLIC INPUT
• Mr. Stiens, Tustin Community Foundation, announced they will be accepting applications
for grants on March 1St and award in May.
• David Levy informed Council that SunCal, owners of apartment complex on Browning
and Mitchell, are in default on a $75 million loan.
• George Day, Toastmasters International, asked Council to waive fees for Club that meets
at the Senior Center.
CONSENT CALENDAR ITEMS -Mayor Pro Tem Davert pulled Item 13 for separate
discussion. It was moved by Councilmember Bone, seconded by Councilmember
Kawashima, to approve the balance of Consent Calendar Items as recommended by staff.
Motion carried 4-0 (Amante absent).
1. APPROVAL OF MINUTES -REGULAR MEETING OF FEBRUARY 5, 2008
Motion: Approve the Regular City Council Meeting Minutes of February 5, 2008.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $688,012.24 and $264,464.37; and
Payroll in the amount of $672,077.63.
City Council Meeting February 19, 2008
Minutes Page 2 of 11
3. TUSTIN RESPONSE TO NOP FOR IRVINE'S 16752 ARMSTRONG PROJECT
City Council authorization is requested for the City of Tustin's response to the
subject Notice of Preparation (NOP) for a draft Environmental Impact Report
(DEIR) for a Master Plan and Transfer of Development Rights for a proposed
development consisting of 133,250 square feet of administrative offices on 6.43
acres in the Irvine Business Complex ("IBC") located at 16752 Armstrong Avenue.
Motion: Authorize staff to forward the attached response letter to the City of Irvine.
4. PLANNING ACTION AGENDA -FEBRUARY 12, 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 February 12, 2008.
5. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR
ARCHITECTURAL AND NEEDS ASSESSMENT SERVICES FOR BUILDING C-
4AND BUILDING 93 LOCATED ON THE FUTURE TUSTIN LEGACY 25 ACRE
COMMUNITY PARK SITE
Approval of an agreement to conduct a thorough assessment of the existing
Officer's Club, Building C4 at the Tustin Legacy 25 Acre Park Site, and provide a
written recommendation on whether a renovation or replacement alternative
would be more appropriate for the site based upon numerous criteria, including
the potential use of the building as a community center, the building's existing
condition, and rehabilitation requirements and estimated costs. Additionally, the
consultant will provide a Needs Assessment for the adjacent Building 93.
Motion: Authorize the Mayor and City Clerk to execute a Consultant Services
Agreement with the firm of Dougherty and Dougherty, LLP for the Building C-4
Architectural Assessment and the Building 93 Needs Assessment in an amount
not to exceed $87,500.
6. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR TUSTIN AREA SENIOR CENTER KITCHEN
RENOVATION (CIP NO. 1047)
The scope of work includes the renovation of the 725 square foot nineteen-year-
old kitchen at the Tustin Area Senior Center. Improvements include: new kitchen
equipment, repair to existing structure, cabinets, counter-tops, electrical,
mechanical, and plumbing.
City Council Meeting February 19, 2008
Minutes Page 3 of 11
Motion: Adopt resolution.
RESOLUTION NO. 08-17 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE TUSTIN AREA SENIOR CENTER
KITCHEN RENOVATION PROJECT (CIP NO. 1047); AND
AUTHORIZING ADVERTISEMENT FOR BIDS
7. UPDATE ON THE CITY'S PROTECTED/PERMISSIVE LEFT TURN TRAFFIC
SIGNAL PHASING OPERATIONS
As part of the City's on-going monitoring program related to protected/permissive
left turn (PPLT) traffic signal phasing operations, a comprehensive study has
been prepared for the nine existing intersection locations where PPLT traffic
signal phasing operations are in effect. Based upon the results of the study, it is
recommended that the PPLT phasing operation be retained at seven (7)
intersections, and that at two (2) of the intersections the traffic signals be
converted to a protected left turn phasing operation.
Motion:
7.a. The existing protected/permissive left turn traffic signal phasing operations
at the following seven (7) intersections be retained:
- EI Camino Real at Tustin Ranch Road
- EI Camino Real at Auto Center Drive
- EI Camino Real at Myford Road
- First Street at Pacific Street/Yorba Street
- Newport Avenue at Sixth Street/Walnut Street
- Walnut Avenue at Franklin Avenue
- Pioneer Road at Pioneer Way
7.b. It is also recommended that the existing protected/permissive left turn
traffic signal phasing operation be converted to a fully protected left turn
phasing operation at the following two (2) intersections:
- Red Hill Avenue at Walnut Avenue
- Newport Avenue at Walnut Avenue
8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS
FOR PARCEL MAP NO. 2005-175 (NEWPORT MEDICAL PARTNERS, LLC)
All public improvements associated with Parcel Map No. 2005-175 have been
completed. The Public Works Department is now recommending acceptance of
the public improvements and release of the public improvement bonds.
Motion: Accept the public improvements and release the following bonds in the
indicated amounts:
City Council Meeting February 19, 2008
Minutes Page 4 of 11
Faithful Performance Bond Bond No. SU5018759 $37,500.00
Labor and Material Bond Bond No. SU5018759 $19,000.00
9. SUBMITTAL OF CITY OF TUSTIN APPLICATIONS FOR ORANGE COUNTY
COMBINED TRANSPORTATION FUNDING PROGRAMS, FISCAL YEARS
2008/2009 THROUGH 2010/2011
Resolution will approve the submittal of City applications for the Orange County
Combined Transportation Funding Programs (CTFP). The Orange County
Transportation Authority (OCTA) requires Council approval as part of the
application process.
Motion: Adopt resolution.
RESOLUTION NO. 08-13 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA APPROVING THE SUBMITTAL OF
APPLICATIONS FOR CERTAIN IMPROVEMENT PROJECTS TO THE
ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING
UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAMS
FOR FISCAL YEARS 2008/2009 THROUGH 2010/2011
10. CONSULTANT SERVICES AGREEMENT FOR CONSTRUCTION
MANAGEMENT SERVICES ON THE CITRUS RANCH PARK PROJECT (CIP
NO. 2046)
The agreement will provide construction management services to oversee the
construction of the Citrus Ranch Park Project (CIP No. 2046) and will include the
following on-site personnel: Construction Manager/ Resident Engineer; Assistant
Construction Manager/Administrative Support; and Project Inspector.
Additionally, the Agreement will provide for supplemental construction survey
services.
Motion: Approve a Consultant Services Agreement with the firm of Willdan to
provide construction management services for the Citrus Ranch Park Project
(CIP No. 2046) in the not to exceed amount of $460,000 subject to City Attorney
approval, and authorize the Mayor and City Clerk to execute the Agreement on
behalf of the City.
11. SET A PUBLIC HEARING FOR APRIL 1, 2008 TO CONSIDER APPROVAL OF
THE CITY'S HAZARD MITIGATION PLAN
Federal law requires the City to prepare a Hazard Mitigation Plan in order to
remain eligible for federal pre and post-disaster mitigation funds. Staff has
completed the draft Hazard Mitigation Plan which must be approved at a public
hearing. Staff is requesting the City Council set the public hearing for April 1,
City Council Meeting February 19, 2008
Minutes Page 5 of 11
2008.
Motion: Set a public hearing for April 1, 2008 to consider adoption of the City's
Hazard Mitigation Plan.
12. APPROVAL OF A CONSULTANT SERVICES AGREEMENT WITH
ECONOMICS, INC. TO PREPARE THE 2006 SOLID WASTE DIVERSION
STUDY FOR SUBMISSION TO THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD
Each year the City submits a report to the California Integrated Waste
Management Board (CIWMB) demonstrating the solid waste diversion activities
occurring in the City. In order to more accurately measure City compliance with
the AB-939 diversion requirements, accurate Solid Waste Program data is
essential. Staff is recommending that the City Council approve a Consultant
Services Agreement with EcoNomics, Inc. in the amount of $43,480 to prepare
the 2006 Solid Waste Diversion Study.
Motion: Approve a Consultant Services Agreement with EcoNomics, Inc. in the
amount of $43,480 to prepare a Solid Waste Diversion Study for submittal to the
California Integrated Waste Management Board (CIWMB).
13. APPROVAL OF COOPERATIVE AGREEMENT NO. C-7-1195 BETWEEN THE
ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF
TUSTIN FOR EXPANSION OF PARKING CAPACITY AT THE TUSTIN
METROLINK STATION
The agreement would allow the OCTA to proceed with design and construction
of a 5-story, 825 space parking structure to serve the Metrolink Expansion
Program. Ownership, operation and maintenance of the train station will be
deferred to a later date pending further discussion with the OCTA and is not a
part of this agreement.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Palmer, to continue item to the April 15 City Council meeting. Motion carried 3-
0-1 (Amante absent and Kawashima abstained).
14. LETTER CONSENTING TO SPECIAL COUNSEL'S REPRESENTATION OF
VARIOUS CLIENTS IN MATTERS THAT ARE DISTINCT AND SEPARATE
FROM THE INTERESTS OF THE CITY AT TUSTIN LEGACY
Special Counsel to the City, the law firm of Steefel, Levitt & Weiss, currently
provides legal services regarding unique real property transactional matters at
Tustin Legacy. Special Counsel has merged with the law firm of Manatt, Phelps
& Phillips, a firm that has an existing, ongoing relationship with certain clients in
matters unrelated to Tustin Legacy. These clients include Shea Properties,
City Council Meeting February 19, 2008
Minutes Page 6 of 11
AvalonBay Communities, Inc., Alton Associates, and Lennar Homes of
California, Inc. The City's consent is required for Special Counsel to continue to
represent the City as well as the existing clients of Manatt, Phelps & Phillips.
Motion: Approval of a letter consenting to Manatt, Phelps & Phillips ("Manatt") as
the successor law firm to Steefel, Levitt & Weiss, the City's Special Counsel,
continuing representation of Shea Properties, Alton, AvalonBay, and Lennar in
certain matters unrelated to Manatt's work for Tustin, and as of February 1,
2008, Manatt's simultaneous, yet separate, representation of Tustin.
15. DESTRUCTION OF RECORDS -REDEVELOPMENT AGENCY DEPARTMENT
Government Code Section 34090 and Resolution No. 01-91 permits destruction
of records which meet certain criteria with the approval of the City Council by
resolution and the written consent of the City Attorney.
Motion: Adopt resolution.
RESOLUTION NO. 08-19 - 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 REDEVELOPMENT AGENCY 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
REGULAR BUSINESS ITEMS
16. OLD TOWN PARKING STUDY
City Council direction requested regarding the parking alternatives discussed
within the Old Town Parking Study.
Presentation of staff report by Assistant Director of Community Development
Dana Ogdon and representative of Katz, Okitsu and Associates Corporation
(KOA Corporation).
Old Town Parking Area
• Old Town Tustin is the traditional center of Tustin and the City's original town
site but it is largely separated from the rest of the City.
• This separation gives Old Town its strong, unique identity, but it also isolates
commercial areas of Old Town from the mainstream of community activity
and traffic circulation, which has negatively impacted the area's economic
development and business attraction
City Council Meeting February 19, 2008
Minutes Page 7 of 11
Old Town Parking Study
• The introduction of new residents and businesses would likely generate more
activity in and around Old Town and would greatly improve the existing sense
of place and expand the economic viability of the area. However, non-
residential uses need parking to thrive.
• Although a majority of the Old Town built environment was constructed at
pre-World War II land use and parking standards, the City of Tustin's General
Plan and Zoning Code regulations do not currently differentiate development
in new areas of Tustin from development in Old Town.
• Proposed intensification of uses and new development in Old Town have
been required to meet current development standards, typically a set amount
of parking for a given square footage or number of units, without regard to the
neighborhood's particular mix of uses, access to transit, etc.
• Tustin City Council authorized staff to prepare a study to identify additional
techniques to encourage economic development in Old Town. Katz, Okitsu
and Associates was selected and has completed the Old Town Parking Study
that evaluates existing parking conditions in the Old Town area, including
identification and documentation of parking supply, parking demand, parking
utilization, and optional parking regulations/management practices for
Council consideration.
KOA Corporation. 20 Years in Business, Local Office, Completed Many Parking
Studies Throughout California, Principal Rock Miller 30 Years Experience
throughout local communities.
Existing Parking Inventory
• Curb Parking: 401 Spaces
• Public Parking Lots: 154 Spaces
• Private Parking Lots: 1,545 Spaces
• Total Parking Spaces: 2,100
Weekday Parking Demand
• Weekday Peak Parking Demand: 42% At 1 PM (EI Camino Real 90%)
• Public Parking Lots Occupancy: 10% To 25% During Peak Hour
• Private Lots Weekday Average Parking Occupancy Rate: 33%
• Weekend Parking Demand
• Weekend Peak Parking Demand: 50%-60% (EI Camino Real, Main St.)
• Weekend Average Parking Demand: 23%.
Key Findings
• Parking Demand Generally Low
• Parking Generally Underutilized
• Parking Hot Spots: EI Camino Real, Main Street
• Shortages During Special Events: Farmers Market, Jamestown Flea Market
Recommendations
City Council Meeting February 19, 2008
Minutes Page 8 of 11
• Encourage Mixed-Use Developments to Make Better Use of Available
Parking
• Review and Revise Tustin City Code to Permit Limited Restaurant Uses
Within Existing Buildings
• Modify the Tustin City Code to Enact New/Relaxed Parking Requirements for
Old Town
• Review and Revise Currently Permitted In-Lieu Fees
• Study Parking Requirement Modifications for New or Converted Uses to allow
Alternatives
- Vehicle Parking District
- Offsite Parking within 300 Feet
- In-Lieu Fees
• Regulate and Optimize use of Public and Private Parking Facilities in Old
Town.
• Review and Revise Time Limits
• Adjust Parking Enforcement to Achieve Compliance with Time Limits
• Review and Develop Policies for Time Limit Exemption Permits
• Improve the C Street Parking Structure
• Monitor new Old Town Public Parking Directional Signage
Council commented on need to address parking issues throughout the City and
staff should continue with recommendations as proposed.
Staff will bring forward recommendations and parking management strategies at
a future meeting.
17. FISCAL YEAR 2007-08 MID-YEAR BUDGET REVIEW
FY 2007-08 Budget Review of the City's first six months of operation includes,
projected revenues and expenditures through the fiscal year end. The
recommendations made to the City Council will ensure that the budget be
balanced for the remainder of the fiscal year and the City Council's reserve
policy will be met.
Presentation of staff report by Finance Director Ron Nault.
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Kawashima, to approve the following adjustments to the authorized FY 2007-08
Budget:
a. Approve a supplemental appropriation of $80,000 from the
unappropriated reserves of the General Fund to add to the approved
budget of the City Attorney's office to cover additional litigation expenses
for the fiscal year.
b. Approve a supplemental appropriation of $500,000 from the
unappropriated reserves of the General Fund to transfer to the Liability
City Council Meeting February 19, 2008
Minutes Page 9 of 11
Fund to bring the projected Fund Balance in line with our insurance JPA
established guidelines.
c. Approve a supplemental appropriation of $14,000 from the
unappropriated reserves of the General Fund to add to the approved
budget of the Human Resources department to provide for temporary
coverage in the department while two staff members are out on maternity
leave.
d. Approve a supplemental appropriation of $30,000 from the
unappropriated reserves of the General Fund to add to the approved
budget of various departments to provide for part time coverage in the
departments when we transition to open Fridays.
Motion carried 4-0 (Amante absent).
18. LEGISLATIVE REPORT -None
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Kawashima:
• Groundbreaking of new Library on Thursday.
Councilmember Bone:
• Commented on his participation in a Vector Control ride-along;
• Maglev presentation by ARTIC; briefed on California High Speed train;
• Southern California Association of Governments backing off support of SB375 -Housing and Air
Quality elements; new executive director appointed;
• Metrolink update - MTA to put gates in all stations;
• Thanked Bob Stiens and Tustin Community Foundation for outstanding Mayor's Inaugural Ball;
• Groundbreaking of Library this Thursday;
• Blog has misinformation about Planning Commission resignations and SunCal properties; City
Attorney Holland responded the City is involved in certain land use issues but not involved in the
financing of private companies and should not respond to Blogs;
• State Legislature was considering regulating home thermostats; and
• US National Oceanic and Atmospheric Administration found Global Warming not as big a
concern as previously thought.
Mayor Pro Tem Davert:
• Was appointed to Budget and Finance Committee in the Orange County Fire Authority;
• Library groundbreaking at 8:30 a.m. this Thursday;
• Coastal Commission denied extension of 241 Toll Road, decision appealed to US Secretary of
Commerce; and
• Council will be proactive in addressing Old Town and citywide parking issues as the County
City Council Meeting February 19, 2008
Minutes Page 10 of 11
County becomes denser.
ADJOURNED - 8:07 p.m. -The next regular meeting of the City Council is scheduled for
Tuesday, March 4, 2008, at 5:30 p.m. for Closed Session and 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin, California.
JERRY AMANTE
Mayor
PAMELA STOKER,
City Clerk
City Council Meeting February 19, 2008
Minutes Page 11 of 11