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HomeMy WebLinkAbout02 MINUTES 04-15-08MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA APRIL 1, 2008 CALL TO ORDER MEETING #2185 AT 5:30 P.M. ATTENDANCE Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and Councilmembers Lou Bone, Tony Kawashima, and Jim Palmer Absent: None City Clerk: Maria Huizar, Chief Deputy City Clerk Others Present: Christine Shingleton, Assistant 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)3.E - One(1) case B. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF LITIGATION pursuant to Government Code Section 54956.9 (c) -One (1) Case RECESSED - At 5:31 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. PUBLIC MEETING CALL TO ORDER MEETING #2185 AT 7:00 P.M. INVOCATION, PRESENTATION OF COLORS, AND PLEDGE OF ALLEGIANCE - Tustin American Legion City Council Meeting April 1, 2008 Minutes Page 1 of 9 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: Christine Shingleton, Assistant City Manager and Doug Holland, City Attorney CLOSED SESSION REPORT - No reportable action. PRESENTATIONS • Certificates of Recognition presented by Mayor Amante to the Beckman High School Band and Jim Kollias, Band Director • 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 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. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to continue the public hearing from April 1, 2008 to June 17, 2008. Motion carried 5-0. City Council Meeting April 1, 2008 Minutes Page 2 of 9 ORAL COMMUNICATION /PUBLIC INPUT -Jack Shaffer, represents Boys & Girls Club, presented invitation to Council for April 11"' event. CONSENT CALENDAR ITEMS -Mayor Amante noted that item No. 11 would be continued and Item No. 2, Minutes of the Special Meeting, were revised. It was moved by Councilmember Palmer, seconded by Mayor Pro Tem Davert, to approve Consent Calendar items as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES -SPECIAL AND REGULAR MEETINGS OF MARCH 18, 2008 Motion: Approve the revised Special Meeting Minutes and Regular City Council Meeting Minutes of March 18, 2008. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: 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. Motion: 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. Motion: 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 Meeting April 1, 2008 Minutes Page 3 of 9 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, 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. Motion: 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. Motion: 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. Motion: 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) City Council Meeting April 1, 2008 Minutes Page 4 of 9 8.b. Authorize the recordation of the Notice of Completion; 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. Motion: 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. Motion: 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 City Council Meeting April 1, 2008 Minutes Page 5 of 9 PLANS IN THE POSSESSION 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 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. Motion: At the request of staff, this item is being continued to a future Council meeting date. 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. Motion: 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. Motion: Deny Claim Number 08-05, Dorothy I. Archer, and direct Staff to send notice thereof to the Claimant. REGULAR BUSINESS ITEMS 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 City Council Meeting April 1, 2008 Minutes Page 6 of 9 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. Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert, to continue to a future meeting date to have agenda report include more detail, including an appropriate, educational and accessible display. Motion carried 5- 0. 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. Bob Steins, Southern California Edison stated they held no formal position. Margaret Pasko, Sempra Energy Utilities stated this was a San Diego Gas and Electric project. Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert, to support San Diego's Gas and Electric's Sunrise Powerlink Transmission Line Project and adopt resolution as attached to report. Motion carried 5-0. RESOLUTION NO. 08-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, IN SUPPORT OF SAN DIEGO GAS & ELECTRIC'S SUNRISE POWERLINK TRANSMISSION LINE PROJECT 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. City Council Meeting Minutes April 1, 2008 Page 7 of 9 • 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 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 aonce-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. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to send letters of support for both legislative items. Motion carried 5-0. OTHER BUSINESS /COMMITTEE REPORTS - Councilmember Palmer: • Tustin Area Senior Fund Board, seniors have raised $127,000 since inception of thrift store, kitchen renovation contract soon to be awarded. Councilmember Bone: • OCCOG report, City of Irvine requesting dedicated seat on SCAG and OCCOG; • Metrolink Board approved agreement with OCTA on grade separations and Quiet Zone, also approved passenger information system with live information messages on platforms; • Orange County Vector Control Board report, appointed to Budget and Finance Committee, approved 2008-2009 budget, and midget gnat not dangerous; • SCAG and Edison workshop held on lighting demonstration to reduce energy; and • Questioned recent decision by OCFA to increase number of firefighters on each vehicle. Mayor Pro Tem Davert: • Easter egg hunt was a great success; • Orange County Fire Authority report very thorough, 4 recommendations including accelerating helicopter purchase, renovation of fire station hangar No. 41, increase City Council Meeting April 1, 2008 Minutes Page 8 of 9 hand crews, add one additional firefighter for the 12 wildlife engines, cost absorbed by current structured fire contract with no cost to Tustin; and • Presentation on sanitation district blockage; State budget issues affecting special districts, additional 15% rate increase; instituting local sewer charge for all Tustin residents, reported on sewer reconstruction project along Red Hill, concrete blockage in sewer pipe caused $50,000 to repair. Mayor Amante: • Easter Egg Hunt great event; • New and returning commissioners sworn in for Community Services; • South Orange County Major Improvements Study for OCTA discussed remaining six alternatives for area from SR-55 to end of South County, upcoming presentation to Council; • OCTA meeting with SCAG Transportation and Communications Committee to discuss Regional Transportation Plan, going before Transportation and Communications Committee on Thursday, to make final decision; • Went to Sacramento with members of OCTA and Orange County Business Council to lobby on planning and transportation projects, including continuation of 91 express lanes and continuous-access HOV lanes on all Orange County freeways. ADJOURNMENT - 8:11 p.m. -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. 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