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 Agenda Page 1 of 8 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 Agenda Page 2 of 8 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, City Council Meeting April 1, 2008 Agenda Page 3 of 8 205,000 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; City Council Meeting April 1, 2008 Agenda Page 4 of 8 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, City Council Meeting April 1, 2008 Agenda Page 5 of 8 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 Agenda Page 6 of 8 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 Agenda Page 7 of 8 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 Agenda Page 8 of 8