HomeMy WebLinkAbout00 CC AGENDA 11-18-08CITY OF TUSTIN
REGULAR MEETING OF THE
CITY COUNCIL
Doug Davert, Mayor Pro Tem
Lou Bone, Councilmember
Tony Kawashima, Councilmember
Jim Palmer, Councilmember
NOVEMBER 18, 2008
' COUNCIL CHAMBER
^~~~~ 300 CENTENNIAL WAY, TUSTIN
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William A. Huston, City Manager
Douglas Holland, City Attorney
Jerry Amante, Mayor Pamela Stoker, City Clerk
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 City Council finds, based on
advice from the City Attorney, that discussion in open session of the
following matters will prejudice the position of the City in existing and
anticipated litigation. The following items were received for the November
18, 2008 meeting. (Agenda Items A through E)
CALL TO ORDER -Meeting #2200
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 -Possible Initiation of Litigation pursuant to
Government Code Section 54956.9 (c) - 2 Cases
B. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
Agency Negotiators: Kristi Recchia, Director of Human Resources and
Peter Brown, Liebert Cassidy Whitmore
Employee Organization: Tustin Municipal Employees Association (TMEA)
NOTE: As required by Senate Bill 343, any non-confidential writings or documents
provided fo a majority of the City Council members regarding any item on Phis
agenda will be made available for public inspection in the City Clerk's office
locafed at 300 Centennial Way, Tustin, CA during normal business hours.
Corps Air Station Tustin) including Reuse Plan
Disposal Parcels 4, 5, 6, 7, 8, 13, 14, 15, 16, 17,
25, 26, 27, 28, 29, 30, 31 and portions of Reuse
Plan Disposal Parcel 40.
City Negotiators: Christine Shingleton, Assistant City Manager
Negotiators for TLCP: Simon Whitmey and Colm Macken,
representatives for Tustin Legacy Community
Partners (TLCP)
D. Liability Claims pursuant to Government Code Section 54956.95 -Claim of
Shierylen Inton, Claim No. 08-03
E. Conference with Legal Counsel -Pending Litigation pursuant to Government
Code Section 54956.9(a) - SEMA Construction, Inc. v. City of Tustin, OCSD No.
00101147
REGULAR BUSINESS MEETING
7:00 P.M.
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CALL TO ORDER -Meeting #2200
INVOCATION - Councilmember Palmer
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE -Boys Scouts Pack
142
ROLL CALL -City Clerk
CLOSED SESSION REPORT -City Attorney
PRESENTATIONS
• Proclamation for Tustin Dance Center's 30t" Anniversary
City Council Meeting November 18, 2008
Agenda Page 2 of 9
PUBLIC HEARING ITEMS
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
Item1)
REVOCATION OF CUP 98-029 AND LIVE ENTERTAINMENT PERMIT
Revocation of Conditional Use Permit 98-029 would invalidate Conditional Use
Permit 98-029 which was originally approved on April 19, 1999 for on-site sale
and consumption of beer, wine, and distilled spirits (ABC License Type 47) along
with a Live Entertainment Permit in conjuction with a restaurant located at 14131
Red Hill Avenue.
Over the past several years, the businesses operating at 14131 Red Hill Avenue
have not been operating as a bona fide "restaurant use" as approved and
conditioned in Conditional Use Permit 98-029. The property has been owned by
Mr. Larry Smith since 1999 and the business owners of the establishment have
included Mr. Smith of Bourbon Street; Mr. Gregory Fitzgerald of Fitz's Pub and
Lounge; and Mr. Matthew Huston of Roderick's. An investigative report has
been prepared (Exhibit A of Attachment I) which shows that regardless of
ownership, business name or restaurant menu, the businesses at this location
have continually violated the conditions of approval for Conditional Use Permit
98-029, ABC licensing requirements, and State law.
On October 28, 2008, the Planning Commission adopted Resolution No. 4103
recommending that the City Council revoke Conditional Use Permit 98-029 for
on-site sale and consumption of beer, wine and, distilled spirits (ABC License
Type 47) and the Live Entertainment Permit in conjunction with a restaurant
located at 14131 Red Hill Avenue.
Recommendation: Adopt resolution.
RESOLUTION NO. 08- 80 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, REVOKING CONDITIONAL USE PERMIT
98-029 FOR ON-SITE SALE AND CONSUMPTION OF BEER, WINE
AND DISTILLED SPIRITS (LICENSE TYPE 47) AND THE LIVE
ENTERTAINMENT PERMIT IN CONJUNCTION WITH A RESTAURANT
LOCATED AT 14131 RED HILL AVENUE
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. If the item you wish to speak on is a
public hearing, you may wish to wait until the Council considers that item.
City Council Meeting November 18, 2008
Agenda Page 3 of 9
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 -REGULAR MEETING OF NOVEMBER 4, 2008
Recommendation: Approve the Regular City Council Meeting Minutes of
November 4, 2008.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $752,521.04;
$3,506,079.09; and Payroll in the amount of $713,193.75.
4. PLANNING ACTION AGENDA- NOVEMBER 12, 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. 2008 BIENNIAL CONFLICT OF INTEREST REVIEW
Biennially the City is required to review the list of designated positions in the
Conflict of Interest Code. City staff recommends the following changes to the
list of designated fliers as follows:
Additions:
Associate Engineer (Community Development)
Environmental Compliance Specialist (Public Works)
Management Analyst (Redevelopment)
Principal Engineer (Community Development)
Public Works Manager (Public Works)
Recreation Coordinator (Parks and Recreation)
Risk Manager (Human Resources)
Senior Financial Analyst (Finance)
Sports Program Specialist (Parks and Recreation)
Transportation & Development Services Manager (Public Works)
Deletions:
City Council Meeting November 18, 2008
Agenda Page 4 of 9
Contract Coordinator (Public Works)
Junior Engineer (Public Works)
Senior Management Analyst (Finance)
Recommendation: Adopt resolution.
RESOLUTION NO. 08-81 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE
DESIGNATED POSTIONS CONTAINED IN THE CONFLICT OF
INTEREST CODE OF THE CITY OF TUSTIN, AND REPEALING
RESOLUTION NO. 06-121
6. CANCELLATION OF DECEMBER 16, 2008 CITY COUNCIL MEETING
Recommendation: Direct the City Clerk to post a Notice of Cancellation for
the regularly scheduled Council and Redevelopment meetings of December
16, 2008 and that the City Council hereby waives notice of said meeting as
required by Government Code Section 54954.
7. 2009 LOCAL APPOINTMENTS LIST
Prior to December 31St of each year, the Maddy Act requires municipal
agencies to prepare and post a listing of all Commission/Committee vacancies
for the coming year.
Recommendation: Approve the 2009 Local Appointments List for the
Planning, Community Services, and Audit Commissions and post notice as
required by law.
8. APPROVAL OF PLANS AND SPECIFICATOINS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE TRAFFIC SIGNAL
INSTALLATION/INTERCONNECT SYSTEM AT PORTOLA
PARKWAY/ALLEN/CITRUS RANCH PARK (CIP NO. 4026); THE TRAFFIC
SIGNAL MODIFICATION/ UPGRADE AT IRVINE BOULEVARD AND
PROSPECT AVENUE (CIP NO. 4052); AND THE TRAFFIC SIGNAL
INSTALLATION/INTERCONNECT SYSTEM AT TUSTIN RANCH ROAD AND
GREENWAY DRIVE/ADAMS DRIVE (CIP NO. 4075)
The plans and specifications for the Traffic Signal Installation/Interconnect
System at Portola Parkway /Allen /Citrus Ranch Park (CIP No. 4026); the
Traffic Signal Modification /Upgrade at Irvine Boulevard and Prospect Avenue
(CIP No. 4052); and the Traffic Signal Installation/Interconnect System at
Tustin Ranch Road and Greenway Drive/Adams Drive (CIP No. 4075) have
been prepared and the projects are now ready to be bid. The projects have
been determined to be categorically exempt under the California
City Council Meeting November 18, 2008
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Environmental Quality Act (CEQA) and the National Environmental Policy Act
(NEPA), as applicable.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-79 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APROVING PLANS AND
SPECIFICATIONS FOR THE TRAFFIC SIGNAL
INSTALLATION/INTERCONNECT SYSTEM AT PORTOLA
PARKWAY/ALLEN/CITRUS RANCH PARK (CIP NO. 4026); THE
TRAFFIC SIGNAL MODIFICATION/UPGRADE AT IRVINE
BOULEVARD AND PROSPECT AVENUE (CIP NO. 4052); AND THE
TRAFFIC SIGNAL INSTALLATION/INTERCONNECT SYSTEM AT
TUSTIN RANCH ROAD AND GREENWAY DRIVE/ADAMS DRIVE
(CIP NO. 4075) AND AUTHORIZNG ADVERTISEMENT FOR BIDS
9. APPROVAL OF COOPERATIVE AGREEMENT NO. C-8-1104 AND
AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. C-95-152
BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND
THE CITY OF TUSTIN FOR DESIGN, CONSTRUCTION AND
MAINTENANCE OF A PEDESTRIAN ACCESS WALKWAY TO THE TUSTIN
METROLINK STATION
The Orange County Transportation Authority is requesting that the City of
Tustin enter into Cooperative Agreement No. C-8-1104 and Amendment No. 2
to Cooperative Agreement No. C-95-152 that would allow the OCTA to
proceed with the design and construction of a pedestrian access walkway
from Dow Avenue to the Tustin Metrolink Station. Following construction,
OCTA's easement rights over the facility will be assigned to the City, along
with responsibility for the operation and maintenance of the walkway.
Recommendation: Approve Cooperative Agreement No. C-8-1104 and
Amendment No. 2 to Cooperative Agreement No. C-95-152 with the Orange
County Transportation Authority for design, construction and maintenance of a
pedestrian access walkway from Dow Avenue to the Tustin Metrolink Station,
and authorize the Mayor and City Clerk to execute the documents on behalf of
the City.
10. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 520 WEST MAIN STREET
The Mills Act is State legislation that provides for reduced property taxes on
an eligible historic property if the property owner agrees to maintain and
preserve the property for a minimum of ten years. On June 16, 1997, the City
Council authorized the implementation of a Mills Act program in Tustin and
established a policy specifying which properties would be eligible for the
program. Attachment A of this report includes a draft historic property
City Council Meeting November 18, 2008
Agenda Page 6 of 9
preservation agreement for the property located at 520 West Main Street.
This is the twelfth historic property preservation agreement to be considered
by the Council. The body of the agreement contains standard language that is
required by State law to be included in every Mills Act contract. A customized
terms, standards, and conditions for the property at 520 West Main Street
were also included in the agreement. Because this property is in good
condition, the improvements required over the minimum 10-year contract term
are relatively minor. Additional historic property preservation agreements will
be agendized for consideration by the Council as more Mills Act program
applications are received.
Recommendation: Approve resolution.
RESOLUTION NO. 08-78 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY
MANAGER OR AUTHORIZED DESIGNEE TO COORDINATE,
PROCESS, AND EXECUTE THE HISTORIC PROPERTY
PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT I
WITH THE OWNER OF THE PROPERTY LOCATED AT 520 WEST
MAIN STREET, TUSTIN, CALIFORNIA
11. CONSIDERATION OF CLAIM OF SAMIA EL HAJ IBRAHIM, CLAIM NO. 08-40
The Claimant reported that while travelling on Jamboree Road, her vehicle
passed over an area of the roadway that was covered in wet paint and it was
not possible for the driver to avoid the paint safely. Removal of the paint
through the car wash was unsuccessful and the vehicle had to have detail
service, at a cost of $119.99. This claim is related to Claim No. 08-42.
Recommendation: Deny Claim No. 08-40, Samia EI Haj Ibrahim, and direct
Staff to send notice thereof to the Claimant.
12. CONSIDERATION OF CLAIM OF CHERYL, MARTIN AND EMMA SOSA,
CLAIM NO. 08-41
The Claimants reported, through their Attorney, that the three of them
sustained personal injuries in an accident which occurred in May 2008 on
Seventeenth Street and Holt Avenue. The Claimants allege this accident was
due in part to defective road design and/or inadequate lighting, sign postings,
sight lines, signal light phasing, speed control and/or warnings. The Claim is
that this dangerous condition was created by an act or omission on the part of
the City of Tustin, or that the City had actual constructive notice and a
sufficient time prior to the incident to take measures to protect against the
dangerous condition. They are filing for damages in the amount of $600,000.
Recommendation: Deny Claim Number 08-41, Cheryl, Martin and Emma Sosa,
City Council Meeting November 18, 2008
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and direct Staff to send notice thereof to the Claimants' Attorney.
13. CONSIDERATION OF CLAIM OF JANET SCHARF, CLAIM NO. 08-42
The Claimant reported that while travelling on Jamboree Road near the I-5
freeway, her vehicle was splattered with paint that had been spilled on the
road. She gave a figure of $500.00 as her best estimate of the amount of the
damage. This claim is related to Claim No. 08-40.
Recommendation: Deny Claim No. 08-42, Janet Scharf, and direct Staff to
send notice thereof to the Claimant.
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Item 14 through 15)
14. THIRD QUARTER 2008 -SOLID WASTE CONTRACT STATUS REPORT
CR&R has made significant progress to implement the contractually required
waste diversion programs but is still short of the 50% diversion goal. CR&R
must also continue to expand commercial program participation and site a
buyback center in Tustin to comply with contractual requirements.
Recommendation: Receive and file this report
15. LEGISLATIVE REPORTS -MISCELLANEOUS
Council may request that staff prepare informational reports, and/or letters of
support/opposition on legislative matters that are time-sensitive and not
agendized.
Recommendation: Pleasure of the City Council.
OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City
Council
ADJOURNMENT -The next meeting of the City Council is scheduled for Tuesday,
December 2, 2008 at 5:30 p.m. for the Closed Session Meeting
City Council Meeting November 18, 2008
Agenda Page 8 of 9
followed by the Regular Business Meeting at 7:00 p.m. in the Council
Chamber, 300 Centennial Way, Tustin, California.
City Council Meeting November 18, 2008
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