HomeMy WebLinkAbout00 CC AGENDA 4-1-08
CITY OF TUSTIN APRIL 1, 2008
REGULAR MEETING OF THE COUNCIL CHAMBER
#2185
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 April 1, 2008 meeting of the City
Council. (Agenda Items A and B)
CALL TO ORDER
– Meeting #2185
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 LEGAL COUNSEL – EXPOSURE TO LITIGATION
pursuant to Government Code Section 54956.9(b)(E) – One(1) case
B. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF
LITIGATION pursuant to Government Code Section 54956.9 (c) – One (1) Case
PUBLIC MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2185
INVOCATION, PRESENTATION OF COLORS, AND PLEDGE OF ALLEGIANCE –
Tustin American Legion
City Council Meeting April 1, 2008
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ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney
PRESENTATIONS
? Certificates of Recognition presented by Mayor Amante to the Beckman High
School Band, Band Director (Jim Kollias), and Band Managers
? Certificate of Recognition presented by Mayor Amante to Sara Rios, 2007 Crossing
Guard of the Year
? Proclamation presented by Mayor Amante to Henry “Hank” Nunez for his invaluable
service on the Community Services Commission
? Proclamation presented by Mayor Amante to Coreena Coleman, Miss Tustin 2007
? Annual State of the Pride presented by Kim Leason
PUBLIC HEARING ITEM
A public hearing provides individuals the opportunity to be heard
regarding an intended action of the City Council/Community
Redevelopment Agency related to land use or fees. (Agenda Item 1)
1. CONTINUE PUBLIC HEARING TO CONSIDER APPROVAL OF THE CITY'S
HAZARD MITIGATION PLAN TO JUNE 17, 2008
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 to continue the public
hearing to June 17, 2008 in order for regulatory agencies to review and
comment on the draft plan.
Recommendation: Staff recommends that the City Council continue the public
hearing from April 1, 2008 to June 17, 2008.
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.
City Council Meeting April 1, 2008
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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 13)
2. APPROVAL OF MINUTES – SPECIAL AND REGULAR MEETINGS OF
MARCH 18, 2008
Recommendation: Approve the Special and Regular City Council Meetings
Minutes of March 18, 2008.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $3,591,861.08;
$11,935.09; $153,229.62; and Payroll in the amount of $658,786.48.
4. PLANNING ACTION AGENDA – MARCH 25, 2008
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Recommendation: Receive and file.
5. INTRODUCE ORDINANCE REVISING CITY LOGO AND SEAL
The proposed ordinance will revise the City Logo and Seal as recently
approved by the City Council.
Recommendation: Introduce and waive first reading of Ordinance No. 1352 by
title only and set for second reading at the Council's April 15, 2008 meeting.
ORDINANCE NO. 1352 - AN ORDINANCE OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING PART 4 TO CHAPTER 2, ARTICLE 1 OF
THE TUSTIN CITY CODE REGARDING THE CITY SEAL AND LOGO
6. TUSTIN RESPONSE TO DEIR FOR CITY OF IRVINE PLANNING AREA 40
AND PLANNING AREA 12
City Council authorization is requested for the City of Tustin's response to the
subject Draft Environmental Impact Report (DEIR) for a General Plan
Amendment and Zone Change associated with the proposed development of
approximately 3,918 dwelling units, 1,540,000 square feet of Multi-Use,
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205,000 square feet of commercial uses, and 100,000 square feet of
institutional uses in Planning Area (PA) 40 (571 acres) and approximately
575,000 square feet of Research and Industrial (Medical Science) uses on a
36-acre parcel in Planning Area (PA) 12. PA 40 is generally bounded by
Jeffrey Road to the northwest, the I-5 Freeway to the southwest, the Orange
County Great Park to the southeast, and Trabuco Road to the northeast. The
portion of PA 12 is generally bounded by vacant land to the west, the I-5
Freeway to the northeast, Sand Canyon Avenue to the southeast, and OCTA
railroad tracks to the southwest.
Recommendation: Authorize staff to forward the draft response letter to the
City of Irvine.
7. TUSTIN RESPONSE TO MITIGATED NEGATIVE DECLARATION FOR
IRVINE CROSSINGS PROJECT
City Council authorization is requested for the City of Tustin's response to the
subject Draft Mitigated Negative Declaration (MND) for the addition of 173,774
square feet of office tenant improvements within an existing 4,726 square foot
office and 303,929 square foot warehouse building located at 17871 Von
Karman Avenue. The existing footprint of the building is not proposed to be
altered. The approximately 21-acre site is bounded to the east by Von Karman
Avenue, to the west by a flood control channel, and to the south by Gillette
Avenue.
Recommendation: Authorize staff to forward the draft response letter to the
City of Irvine.
8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR CARPET PURCHASING,
REMOVAL AND INSTALLATION AT CITY HALL (CIP NO. 1032)
The re-carpeting of City Hall (CIP No. 1032) has been completed to the
satisfaction of the City Engineer and is now ready for City Council acceptance.
Recommendations:
8.a. Adopt resolution;
RESOLUTION NO. 08-23 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS
OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF
THE NOTICE OF COMPLETION FOR THE CARPET PURCHASING,
REMOVAL AND INSTALLATION PROJECT AT CITY HALL (CIP NO.
1032)
8.b. Authorize the recordation of the Notice of Completion;
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8.c. Direct the City Clerk to:
1. Release the labor and Materials Bond not sooner than thirty-five
(35) days after the date of recordation of the Notice of Completion:
and
2. Release the Faithful Performance Bond not sooner than one year
after the date of recordation of the Notice of Completion; and
8.d. Assuming no claims or stop payment notices are filed, it is further
recommended that thirty five (35) days after the date of recordation of
the Notice of Completion, the City Council authorize payment of the
final 5% retention in the amount of $8,289.46 to Shaw Industries, Inc.
dba Shaw Strategic Solutions Group. The final installation cost for the
project including one contract change order is $165,789.27.
9. AMENDMENT NO. 7 TO CONSULTANT SERVICES AGREEMENT WITH
AKM CONSULTING ENGINEERS FOR THE PASADENA AVENUE WELL
PROJECT (CIP NO. 6130)
Amendment No. 7 provides additional funding for construction
management/inspection services to be provided by AKM Consulting
Engineers during the well equipping phase of the Pasadena Avenue Well
Project.
Recommendation: Approve Amendment No. 7 to the Consultant Services
Agreement with AKM Consulting Engineers for the Pasadena Avenue Well
Project, and authorize the Mayor and City Clerk to execute on behalf of the
City.
10. DISPOSAL OF OBSOLETE PLANS FROM FORMER MARINE CORP AIR
STATION (MCAS) TUSTIN
Resolution No. 01-91, the Records Retention/Disposition Schedule, 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. 08-14 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OR TRANSFER TO THE TUSTIN AREA
HISTORICAL SOCIETY OF CERTAIN PLANS OF THE FORMER
MARINE CORP AIR STATION (MCAS) TUSTIN IMPROVEMENT
PLANS IN THE POSSESSION OF THE CITY OF TUSTIN NO
LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS,
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PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF
TUSTIN'S RECORDS RETENTION SCHEDULE
11. 2007 TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM FAIR
SHARE ANALYSIS UPDATE
A 2007 updated analysis has been completed of the fair share contributions
required of each development area at the former MCAS Tustin as necessary
to finance public facilities needed to serve new development.
Recommendation: Approve the 2007 Tustin Legacy Backbone Infrastructure
Program Fair Share Analysis and instruct City Staff to utilize the fair share
allocations identified for specific development areas pursuant to required
environmental impact report mitigation for development at Tustin Legacy,
contractual agreements with developers at Tustin Legacy, conditions of
entitlement approval for specific development projects at the former base in
both Tustin and Irvine and in any and all property negotiations for disposition
by the City of property at Tustin Legacy.
12. CONSIDERATION OF CLAIM OF WILLIAM AND SUSAN HERMAN, CLAIM
NO. 08-01
The Claimants reported they were driving on Jamboree Road at dusk, near a
construction area in Tustin, and a hard object hit their car. They are requesting
the City reimburse them $1,449.49 to cover the cost of repairing the vehicle
and renting a car while the work was being done.
Recommendation: Deny Claim Number 08-01, William and Susan Herman,
and direct Staff to send notice thereof to the Claimant.
13. CONSIDERATION OF CLAIM OF DOROTHY I. ARCHER, CLAIM NO. 08-05
The Claimant reported that roots from a City tree caused a back up in the
sewer line under her property and into her residence. She is requesting the
City reimburse her for a portion of the cost to do the necessary repair work
and she provided a copy of the plumbing service bill she paid in the amount of
$1,504.00.
Recommendation: Deny Claim Number 08-05, Dorothy I. Archer, and direct
Staff to send notice thereof to the Claimant.
City Council Meeting April 1, 2008
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REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 14 through 16)
14. DISCUSS NATIONAL MOTTO “IN GOD WE TRUST”
This item was placed on the Agenda at the request of Councilmember Jim
Palmer who wishes to discuss the City of San Clemente’s recent adoption of the
National Motto “In God we Trust”. A number of California cities display “In God
We Trust” in City Hall and/or City Council Chambers. Since this phrase is a
national motto and does not promote a religion, it can be displayed at council’s
discretion.
Recommendation: Pleasure of the Council.
15. SAN DIEGO GAS & ELECTRIC'S SUNRISE POWERLINK TRANSMISSION
LINE PROJECT
Mayor Amante asked that this item be agendized in order for the City Council
to discuss what position it might want to take concerning SDGE's Sunrise
Powerlink Transmission Line Project.
Recommendation: Pleasure of the Council.
16. LEGISLATIVE REPORTS (ASSEMBLY BILLS 2788 AND 1776 (DEVORE))
At the request of Mayor Amante, attached are the following legislative items
for discussion by the City Council.
? Assembly Bill 2788 (DeVore). Energy: nuclear powerplant certification.
Existing law requires a person proposing to construct a thermal powerplant
to obtain a certification from the State Energy Resources Conservation and
Development Commission. Existing law exempts facilities for which the
Public Utilities Commission has issued a certificate of convenience and
necessity or that a municipal utility has approved before January 7, 1975.
This bill would additionally exempt an applicant for a nuclear fission
thermal powerplant capable of producing up to 2,000 megawatts of energy
who is the first California entity to obtain an early site permit from the
United States Nuclear Regulatory Commission.
• Assembly Bill 1776 (DeVore). Energy: nuclear powerplant.
The Warren-Alquist State Energy Resources Conservation and
Development Act prohibits the certification of a new nuclear fission thermal
powerplant and land use in the state for a new nuclear fission thermal
City Council Meeting April 1, 2008
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powerplant, until the State Energy Resources Conservation and
Development Commission (Energy Commission) makes a finding
regarding the existence of an approved and demonstrated technology or
means for the disposal of high-level nuclear waste. The Energy
Commission is also required to perform certain other duties with regards to
nuclear fission thermal powerplants.
This bill would repeal these prohibitions and would, instead, prohibit the
Energy Commission from certifying a site for a nuclear fission thermal
powerplant in seismically active areas or a nuclear fission thermal
powerplant using a once-through nuclear reactor cooling system with a
nuclear coolant outflow that is within 5 miles of a designated coastal area
of biological significance or is to a navigable water. The Energy
Commission and other state agencies would be required to consider a dry
cask storage system method approved by the United States Nuclear
Regulatory Commission to be an appropriate method for storing spent
nuclear fuel and associated material.
Recommendation: Pleasure of the City Council.
OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City
Council
ADJOURNMENT – The next regular meeting of the City Council is scheduled for
Tuesday, April 15, 2008 at 5:30 for Closed Session and 7:00 p.m.
for the Regular Business Meeting in the Council Chamber, 300
Centennial Way, Tustin, California.
City Council Meeting April 1, 2008
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