HomeMy WebLinkAbout02 MINUTES 03-18-08MINUTES OF THE REGULAR MEETING City Manager
OF THE CITY COUNCIL Finance Director
TUSTIN, CALIFORNIA
MARCH 4, 2008
CALL TO ORDER MEETING #2183 AT 5:32 P.M.
ATTENDANCE
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
Councilmembers Lou Bone, Tony Kawashima (6:11 p.m.), 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 LEGAL COUNSEL - EXPOSURE TO LITIGATION
pursuant to Government Code Section 54956.9(b)(E) - One(1) case
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8
Property: Property identified as the Pacific Center East/Former AAE
site as legally described in the RFP issued by the Agency, a
copy of which is on file with the City Clerk's office
Negotiators: Christine Shingleton, Assistant City Manager and Opus West
Under Negotiation: Terms and Conditions of Sale
RECESSED - At 5:32 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 with all
members present.
City Council Meeting March 4, 2008
Minutes Page 1 of 11
PUBLIC MEETING
CALL TO ORDER MEETING #2183 AT 7:02 P.M.
INVOCATION -Father Christopher Nguyen, St. Cecilia's Church
PLEDGE OF ALLEGIANCE -Mayor Pro Tem Davert
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.
PRESENTATION
• Proclamation presented by Mayor Amante to Tustin Area Woman's Club in recognition
of their 50t" Anniversary
RECESSED CITY COUNCIL MEETING AND CALLED TO ORDER A JOINT
MEETING OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
AT 7:06 P.M.
CITY COUNCIL ACTION
1. PUBLIC HEARING: ZONE CHANGE 08-001 -AMENDMENTS TO THE
PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT REGULATIONS
On February 26, 2008, the Planning Commission adopted Resolution No.
4084, recommending that the City Council approve Zone Change 08-001.
Applicant: City of Tustin/Community Redevelopment Agency
Presentation of staff report by Senior Planner Scott Reekstin and Assistant
City Manager Christine Shingleton.
The public hearing opened at 7:16 p.m. There were no speakers and the
City Council Meeting March 4, 2008
Minutes Page 2 of 11
public hearing closed at 7:16 p.m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Palmer, to approve Council item No. 1 and Community
Redevelopment Agency item No. 1:
1.a. Adopt resolution; and
RESOLUTION NO. 08-21 - A RESOLUTION OF THE CITY OF TUSTIN
CITY COUNCIL FINDING THAT ZONE CHANGE 08-001 AND THE
SECOND AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY AND PROSPECT
VILLAGE LP ARE WITHIN THE SCOPE OF THE PREVIOUSLY
APPROVED PROSPECT VILLAGE FINAL ENVIRONMENTAL
IMPACT REPORT ("FEIR")
1.b. Introduce and waive first reading of Ordinance No. 1351 by title only
and set for second reading at the Council's March 18, 2008 meeting.
ORDINANCE NO. 1351 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, ADOPTING AN AMENDMENT TO THE
PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT
REGULATIONS (ZONE CHANGE 08-001) TO AMEND VARIOUS
SECTIONS OF THE REGULATIONS RELATED TO COMMERCIAL
SERVICE AND OFFICE USES AND OWNER/PROPRIETOR
OCCUPANCIES AND TO MAKE OTHER MINOR AMENDMENTS
COMMUNITY REDEVELOPMENT AGENCY ACTION
RDA 1. PUBLIC HEARING: SECOND AMENDMENT TO DISPOSITION AND
DEVELOPMENT AGREEMENT 04-01 WITH PROSPECT VILLAGE L.P.
Authorization is requested for approval of a Second Amendment to the
Prospect Village Disposition and Development Agreement (DDA) 04-01 and
approval of License Agreements for Parking Rights assigned to ten addresses
from 270-290 Prospect Avenue.
Motion:
1.a. Adopt resolution;
RDA RESOLUTION 08-01 - A RESOLUTION OF THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY, TUSTIN, CALIFORNIA,
FINDING THAT PURSUANT TO SECTION 15162 OF STATE CEQA
GUIDELINES THE SECOND AMENDMENT TO DDA 04-01 IS
WITHIN THE SCOPE OF THE PREVIOUSLY APPROVED
City Council Meeting March 4, 2008
Minutes Page 3 of 11
PROSPECT VILLAGE FINAL ENVIRONMENTAL IMPACT REPORT
("FEI R")
1.b. Approve and authorize the Executive Director, or his designee, to
execute the Second Amendment to DDA 04-01 between the Tustin
Community Redevelopment Agency and Prospect Village L.P., subject
to City Council approval of Zone Change 08-001 (Amendments to the
Prospect Village Planned Community District Regulations) and any
non-substantive modifications to the Second Amendment as may be
determined necessary by the City Attorney; and
1.c. Approve and authorize the Executive Director, or his designee, to
execute ten License Agreements for Parking Rights assigned to 270,
274, 276, 278, 280, 282, 284, 286, 288 and 290 Prospect Avenue.
Motion carried 5-0.
ADJOURNED JOINT MEETING AT 7:21 P.M.
RECONVENED CITY COUNCIL MEETING AT 7:22 P.M.
PUBLIC HEARING ITEMS
2. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DENIAL OF
CONDITIONAL USE PERMIT 07-020 AT 740 EL CAMINO REAL
The project is a request to establish a dental office in a stand-alone building
located at 740 EI Camino Real, also known as Assessor Parcel Number
(APN) 401-641-01. The Planning Commission conducted public hearings on
the proposed project on December 11, 2007, January 8, 2008, and January
22, 2008. On January 22, 2008, the Planning Commission adopted Resolution
No. 4079 denying Conditional Use Permit 07-020 to establish a dental office at
740 EI Camino Real. On January 29, 2008, the property owner appealed the
Planning Commission's action to the City Council.
Applicant: Property Owner:
Dr. Ashok Mehta Dr. Sayed Mirrafati -Mira Properties, LLC
13711 Newport Ave., Ste. 11 685 Nyes Place
Tustin, CA 92780 Laguna Beach, CA 92651
City Staff, Council and Applicant concurred to continue item for two weeks to
next regularly scheduled city council meeting.
3. PUBLIC HEARING: CONDITIONAL USE PERMIT 07-14, DESIGN REVIEW
07-15 FOR PROPOSED CONSTRUCTION OF A 7,650 SQUARE FOOT
City Council Meeting March 4, 2008
Minutes Page 4 of 11
MIXED-USE DEVELOPMENT AT 170 EL CAMINO REAL
The project is a request to construct a 7,650 square foot mixed-used
development at 170 EI Camino Real. Pursuant to TCC Sections 9252j3 and
9272, this application requires a Conditional Use Permit to allow amixed-use
development and a Design Review for the development of the site. On
January 22, 2008, the Planning Commission continued the item to the
February 26, 2008 meeting, therefore, City Council consideration on this item
was continued to the March 4, 2008, City Council meeting. On February 26,
2008, the Planning Commission considered the project and recommended
that the City Council approve the proposed project.
Applicant: Susan Secoy, AIA, Secoy Architects
Property Owner: Paula E. Meyer, Esq.
Presentation of staff report by Director of Community Development Elizabeth
Binsack
The public hearing opened at 7:38 p.m. Kay Nettles spoke in opposition to the
project. Paula Meyer, owner, addressed the council. The public hearing
closed at 7:41 p.m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Kawashima, to adopt resolution. Motion carried 5-0.
RESOLUTION NO. 08-06 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT
07-14, DESIGN REVIEW 07-15, AND A WAIVER OF PARKING IN-
LIEU FEES TO AUTHORIZE THE DEVELOPMENT OF A 7,650
SQUARE-FOOT MIXED-USE PROJECT LOCATED 170 EL CAMINO
REAL
ORAL COMMUNICATION /PUBLIC INPUT -Michele Hernandez, Counselor and Ryan
Bollenbach, Principal, at Ladera Elementary School requested Council assistance with
parking concerns along Rawlings Way.
CONSENT CALENDAR ITEMS -Councilmember Kawashima abstained on item no. 9.
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 5-0.
4. APPROVAL OF MINUTES -REGULAR MEETING OF FEBRUARY 19, 2008
Motion: Approve the Regular City Council Meeting Minutes of February 19,
2008.
City Council Meeting March 4, 2008
Minutes Page 5 of 11
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $602,386.85 and $2,166,494.75;
and Payroll in the amount of $667,852.61.
6. PLANNING ACTION AGENDA -FEBRUARY 26, 2008
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: Receive and file.
7. PROPOSED AMENDMENTS TO THE AIRPORT ENVIRONS LAND USE
PLAN (AELUP) FOR JOHN WAYNE AIRPORT (JWA)
The Airport Land Use Commission (ALUC) of Orange County is in the process
of updating the Airport Environs Land Use Plan (AELUP) for the John Wayne
Airport (JWA). City staff first reviewed the draft amendments in November of
2007. On November 20, 2007, the City Council authorized the Mayor to send
a comment letter to the ALUC.
Staff from several Orange County cities, including Tustin, met with ALUC staff
to discuss our comments. In response to this input, the ALUC released a
second draft of the proposed amendments on February 22, 2008, for review
and comment.
Staff has reviewed the second draft and has prepared a letter for the Council's
consideration.
Motion: Authorize the Mayor to sign and send the draft comment letter to the
ALUC.
8. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE SYCAMORE AVENUE STORM DRAIN
FROM SCHOOL LANE TO DEL AMO AVENUE (CIP NO. 5033)
The plans and specifications for the Sycamore Avenue Storm Drain from
School Lane to Del Amo Avenue (CIP No. 5033) have been prepared and the
project is now ready to be bid. A Notice of Exemption has been recorded with
the County of Orange for this project as categorically exempt under California
Environmental Quality Act (CEQA) requirements.
Additionally, the project has been reviewed and determined to be categorically
excluded under the National Environmental Policy Act (NEPA) requirements.
City Council Meeting March 4, 2008
Minutes Page 6 of 11
Motion: Adopt resolution.
RESOLUTION NO. 08-20 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE SYCAMORE AVENUE STORM DRAIN
FROM SCHOOL LANE TO DEL AMO AVENUE (CIP NO. 5033), AND
AUTHORIZING ADVERTISEMENT FOR BIDS
9. APPROVAL OF AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO.
C-6-0799 BETWEEN THE ORANGE COUNTY TRANSPORTATION
AUTHORITY AND THE CITY OF TUSTIN FOR CITY-INITIATED TRANSIT
EXTENSIONS TO METROLINK (THE "GO LOCAL STEP 1" PROGRAM)
Provides an extension to the term of the agreement between the Orange
County Transportation Authority (OCTA) and the City of Tustin for the "GO
LOCAL Step 1" Program, and establishes a new deadline for receipt of
proposals for "GO LOCAL Step 1 ".
Motion: Approve Amendment No. 1 to Cooperative Agreement No. C-6-0799
with the Orange County Transportation Authority for City-Initiated Transit
Extensions to Metrolink (the "GO LOCAL Step 1" Program), and authorize the
Mayor and City Clerk to execute the document on behalf of the City.*
*Councilmember Kawashima abstained on item no. 9.
10. AWARD OF CONTRACT FOR CONSTRUCTION OF 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)
Bids for the combined 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 received and a construction contract is
ready to be awarded.
Motion: Award the construction contract 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) to Calmex Engineering,
Inc., the lowest responsible and responsive bidder in the amount of
$1,278,789.99, and authorize the Mayor and the City Clerk to execute the
contract documents on behalf of the City.
11. DECLARATION OF SURPLUS EQUIPMENT
Declare City equipment as detailed in the report as surplus in accordance with
City Council Meeting March 4, 2008
Minutes Page 7 of 11
Section 1626a (2) of the Tustin City Code and authorize their sale at public
auction.
Motion: Declares the equipment detailed in the report as surplus and not
required for public use, in accordance with the Tustin City Code, Section
1626a (2) and authorize the Public Works Department to sell the equipment at
public auction.
REGULAR BUSINESS ITEMS
12. SECURITY MEASURES ON CITY-MAINTAINED PROPERTIES AT TUSTIN
LEGACY
City Council approval is requested for the implementation of additional
security measures for City-maintained properties at Tustin Legacy.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Palmer, to:
12.a. Authorize the Assistant City Manager to negotiate and enter into a
security Consultant Services Agreement with Castillo Private Patrol,
Inc. at a monthly cost of approximately $2,730, and to monitor services
pursuant to the Agreement for effectiveness in reducing security
concerns on the subject properties. If the services provided by Castillo
Private Patrol, Inc., prove to be inadequate in reducing security
concerns, authorize the Assistant City Manager to negotiate a security
Consultant Services Agreement with Securitas, Inc., at a monthly cost
of approximately $6,750. Consultant Services Agreement shall be
subject to approval as to form and content by the City Attorney
consistent with the City Council's authorization.
12.b. Authorize the Assistant City Manager to negotiate and enter into a
temporary lighting installation contract or purchase order with Power
Plus for installation of temporary lighting on three city parcels at a cost
not to exceed $20,320 for the first year and subsequent annual cost of
$11,280 thereafter. Contracts or purchase order provisions shall be
subject to approval as to form and content by the City Attorney
consistent with the City Council's authorization. Energy costs
associated with the temporary lighting will be an additional $4,000
annually.
12.c. Appropriate a total of $32,575 from the MCAS Tustin Enterprise Fund to
the MCAS Tustin Enterprise expenditure account number 18-805-6732
for Fiscal Year 2007-08 to cover anticipated expenses for the security
services and temporary lighting, as well projected monthly SCE billing
for certain City maintained properties at Tustin Legacy through June 30,
2008, (assumes agreement executions by February 1, 2008).
City Council Meeting March 4, 2008
Minutes Page 8 of 11
Motion carried 5-0.
13. VOLUNTARY DONATIONS ON WATER BILLS
Per the City Council's request, we have investigated the possibility of allowing
for voluntary donations on our Water Bills along the lines of a similar program
in Chandler, Arizona. There does not appear to be any legal issue and we
can request a modification to our existing billing software to provide a donation
option.
Mayor Pro Tem Davert indicated that Chandler, Arizona had Community
Foundation Donation through water bills and expressed support for adopting
similar program in Tustin.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Palmer, to move forward with developing voluntary donations program in
Tustin.
Council discussion ensued.
Amended Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Palmer, to direct staff to return to Council with a resolution
that would detail voluntary donation program to benefit the Tustin Community
Foundation. Motion carried 5-0.
14. INTERVIEW AND APPOINT MEMBERS TO THE PLANNING AND
COMMUNITY SERVICES COMMISSIONS
The City Council will conduct interviews and appoint two (2) members to the
Planning Commission and two (2) members to the Community Services
Commission. Commissioners will until March 1, 2010 or thereafter until a new
member is selected.
Following oral interviews, Council completed ballots and City Clerk announced
the results.
Planning Commission -The following qualified candidates have submitted an
application for the Planning Commission:
• Charles E. Puckett* • Jeff R. Thompson*
• Brian Villacorta • Chris Zadoorian
Ballots were cast by Council to fill two (2) two-year terms. By unanimous
consent re-appointed incumbents Charles E. Puckett and Jeff R. Thompson to
the Planning Commission.
City Council Meeting March 4, 2008
Minutes Page 9 of 11
Community Services Commission -The following qualified candidates have
submitted an application for the Community Services Commission:
• Bryan Thomas Glassman* Marilyn Hogan
• Jason Lund Adrian D. Morton
• Donna Marsh Peery* Douglas Rundquist
• Sylvia Williams
Rowland Lindley Holland, Henry R. Nunez and Susan Dobak (unable
to attend the meeting)
Ballots were cast by Council to fill two (2) two-year terms on the Community
Services Commission, as follows:
Amante: Glassman, Peery
Bone: Glassman, Peery
Davert: Glassman, Peery
Kawashima: Glassman, Peery
Palmer: Glassman, Lund
City Clerk Stoker reported the ballot tally as follows: Glassman (5 votes), Donna
Marsh Peery (4 votes) and Jason Lund (1 vote). By unanimous consent re-
appointed Bryan T. Glassman and by majority consent appointed Donna Marsh
Peery to the Community Services Commission for atwo-year term expiring
March 1, 2010.
15. LEGISLATIVE REPORT -None
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Bone:
• Orange County Council of Governments is reviewing SB375, sustainable communities;
• Metrolink ridership up to 43,000 riders a day;
• Orange County League of Cities reviewing State strategic goals; and
• Orange County Vector Control District opposes SB1236.
Mayor Pro Tem Davert:
• Vector Control District has too many board members, bureaucracy;
• Going to Washington DC on behalf of Orange County Sanitation District to seek
Federal funding; and
• Orange County Fire Authority has completed a thorough report on Santiago Fires.
Mayor Amante:
• Thanked staff and colleagues for extra work while he was out ill;
• Attended Miss Tustin pageant last week;
City Council Meeting March 4, 2008
Minutes Page 10 of 11
• Daylight Savings Day this weekend, encouraged all to check smoke detectors; and
• St. Patrick's Day coming up.
ADJOURNED - 8:27 P.M. -The next regular meeting of the City Council is scheduled
for Tuesday, March 18, 2008, at 4:30 for a Workshop, followed by
Closed Session at 5:30 p.m. and 7:00 p.m. for the Regular Business
Meeting in the Council Chamber, 300 Centennial Way, Tustin,
California.
City Council Meeting March 4, 2008
Minutes Page 11 of 11