HomeMy WebLinkAbout01 MINUTES OF REGULAR MEETING 2008 11 18 12-02-08Agenda Item 1
Reviewed:
MINUTES OF THE REGULAR MEETING City Manager
OF THE CITY COUNCIL Finance Director NIA
TUSTIN, CALIFORNIA
NOVEMBER 18, 2008
CALLED TO ORDER MEETING #2200 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 R. Huizar, Chief Deputy City Clerk
Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney
PUBLIC INPUT -None.
CLOSED SESSION ITEMS -CONFERENCE WITH LEGAL COUNSEL. 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.
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)
C. Property Negotiations Terms and Conditions of Purchase [Government Code
Section 54956.8] -One Case
Property Property defined within the Master Developer
footprint at Tustin Legacy (the former Marine
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
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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
AGENDA ITEM ADDED
At the City Attorney's request, motion that there is an immediate need to take action on a
matter and that need arose after the posting of the Agenda and the following item should
be added to the Agenda:
F. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION pursuant to
Government Code Section 54956.9 - AAE v. City of Tustin
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to
add item to Closed Session. Motion carried 5-0.
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 same
members present.
REGULAR BUSINESS MEETING
CALLED TO ORDER MEETING #2200 AT 7:00 P.M.
INVOCATION -Councilmember Palmer
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE -Boy Scouts Pack
142
ROLL CALL
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
City Council Meeting November 18, 2008
Minutes Page 2 of 10
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 -Nothing to report.
PRESENTATION
Proclamation presented by Mayor Amante to Tustin Dance Center in recognition of
their 30th Anniversary
PUBLIC HEARING ITEM
1. REVOCATION OF CONDITIONAL USE PERMIT NO. 98-029 AND LIVE
ENTERTAINMENT PERMIT, RESTAURANT AT 14131 RED HILL AVENUE
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.
Staff report presentation by Community Development Director Binsack.
Public hearing opened at 7:06 p.m. The following people spoke on the matter:
Charles Farrano, Attorney representing property owner; Mathew Huston,
City Council Meeting November 18, 2008
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restaurant owner of Roderick's; Robert Fields spoke in support of restaurant
owner; Teresa Huston restaurant owner of Roderick's; Larry Smith owner of
property; and Susan Huston mother of Roderick's business owner. The public
hearing closed at 8:07 p.m.
Council discussion ensued. Mayor Pro Tem Davert, Councilmember
Kawashima, Councilmember Bone, and Mayor Amante spoke on the matter.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Palmer, to adopt resolution revoking CUP 98-029 without prejudice. Motion
carried 4-1 (Kawashima dissented).
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 -None
CONSENT CALENDAR ITEMS -Councilmember Kawashima abstained on Item #9. It
was moved by Councilmember Bone, seconded by Councilmember Palmer, to approve
balance of Consent Calendar items as recommended by staff. Motion carried 5-0
2. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 4, 2008
Motion: Approve the Regular City Council Meeting Minutes of November 4,
2008.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: 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.
Motion: Receive and file.
City Council Meeting November 18, 2008
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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:
Contract Coordinator (Public Works)
Junior Engineer (Public Works)
Senior Management Analyst (Finance)
Motion: Adopt resolution.
RESOLUTION NO. 08-81 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE
DESIGNATED POSITIONS 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
Motion: 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.
Motion: Approve the 2009 Local Appointments List for the Planning,
Community Services, and Audit Commissions and post notice as required by
law.
City Council Meeting November 18, 2008
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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
Environmental Quality Act (CEQA) and the National Environmental Policy Act
(NEPA), as applicable.
Motion: 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.
City Council Meeting November 18, 2008
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Motion: 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. (Councilmember Kawashima abstained on Item #9)
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
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.
Motion: Adopt 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.
Motion: Deny Claim No. 08-40, Samia EI Haj Ibrahim, and direct staff to send
City Council Meeting November 18, 2008
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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.
Motion: Deny Claim Number 08-41, Cheryl, Martin and Emma Sosa, 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.
Motion: Deny Claim No. 08-42, Janet Scharf, and direct staff to send notice
thereof to the claimant.
REGULAR BUSINESS ITEMS
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.
Staff presentation by Joe Meyers, Public Works Administrative Services
Manager.
Receive and file report.
15. LEGISLATIVE REPORTS -MISCELLANEOUS
City Council Meeting November 18, 2008
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Council may request that staff prepare informational reports, and/or letters of
support/opposition on legislative matters that are time-sensitive and not
agendized.
Councilmember Bone and Mayor Amante made note of recent bonds approved
by the voters at November 4~ 2008 Election. (SB 375 and 32)
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Kawashima:
• Wished all a Happy Thanksgiving; and
• Announced that December 2"d will have reorganization meeting.
Councilmember Palmer:
• Invited all to attend Mayor's Thanksgiving Breakfast on Thursday, November 20th; and
• Wished Jerry Amante a Happy Birthday.
Councilmember Bone:
• Congratulated Jerry Amante on re-election and John Nielsen on election;
• LOSAN Joint Powers Authority, Prop 1A. The distribution of funds will be
$190,000,000 to three inter-city corridors of which $47.5m goes to the LOSAN
Corridor, with the remaining $47.5m divided between the other three corridors. The
bonds may not be sold in the near future due to the California budget crisis;
• Provided October passenger report for Metrolink;
• Water report -total water demand for OC was down 5% last year; the last 10 years,
down 7.7% (the goal is 15%); Tustin is down 301-acre feet, or down 7% from last year.
OC will only be getting 15% of the water that they have been getting from the Colorado
River;
• Read guiding principles and discussed goals for RHNA;
• OC Vector Control report - 73 people have been infected with West Nile virus this year
in Orange County; and
• Reported that revenue from Auto Center is down approximately $1.5 million.
Mayor Pro Tem Davert:
• Wished all a Happy Thanksgiving;
• Congratulated all three council members who were recently elected;
• Met with members of the Foothills Community Association regarding airport noise.
They are looking for possible solutions including the planes flying over the freeways or
follow Instrument Flight Rule Pattern to keep noise away from residences;
• Have received reports on financial conditions of the City and of several regional
committees. Reported on OC Sanitation District and some of the steps they are taking
to reduce costs. Many conferences have centered around topic of finances;
• Orange County Fire Authority reported statistics on recent fires (in Yorba
Linda/Corona/Brea). The fire is 75% contained and should be totally under control by
tomorrow. It burned almost 30,000 acres; and
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• Wished Jerry Amante a Happy 60th Birthday.
Mayor Amante:
• Thanked Orange County Fire Authority personnel for efforts infighting the recent fires;
• Thanked voters for their support in returning him to the City Council;
• Congratulated John Nielsen and Deborah Gavello on election, looking forward to
having them on the Council;
• Honored Councilmembers Kawashima and Bone for all of their work over the past 8
years;
• On Veteran's Day attended the dedication of the Garden of Valor at Fairhaven
Memorial Park;
• Orange County Transportation Authority (OCTA) Board and Finance and
Administrative Committee report -trying to conserve funds, and continue with
proposed projects, may have significant cuts due to reduced revenue and possibly
raise fares;
• Attended dedication of the 275tt' van pool, at UCI. Service takes automobiles off the
roads and has saved approximately 13 million transit miles in Orange County;
• OC League of Cities, City Selection Committee elected the OCTA Board of Directors.
All current directors returned; Mayor Pro Tem Rosen was termed out, replaced by
Mayor Bill Dalton to fill out the remainder of the term;
• Transportation Corridor Agency Board Meeting and Joint Financial Options Committee
report -revenue from all of the toll roads down 4 '/2 % with volume of income down
from 4% to 7%; facing $11 million in reduced income;
• OCTA's 20/20 Committee report -reviewed Measure M revenues, turn back to cities
program; and impact of Projects S and V. Project S is the light rail system to connect
to MetroLink Stations. Project V is the Rubber Tire Applications project which will have
more funding because of flexibility and impact on capital costs;
• State budget deficit is $18 billion, impact services throughout California. City
committed to public safety, vital services, and infrastructure;
• Attended meeting regarding toll road extension with the editorial staff and chief editor
of the LA Times. Discussed five separate editorials denouncing the construction of the
241 toll road extension and provided presentation about project that will not cost the
taxpayers and will add jobs to economy;
• Tustin Community Foundation to host the Mayor's Breakfast on Thursday at the
Marconi Museum, Dwight Stone will be the key-note speaker;
• Will attend Annual Audit Commission meeting on Thursday (November 20th) with
Mayor Pro Tem Davert; and
• Wished all a Happy Thanksgiving.
ADJOURNED - 9:22 p.m. -The next meeting of the City Council is scheduled for
Tuesday, December 2, 2008 at 5:30 p.m. for the Closed Session
Meeting 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
Minutes Page 10 of 10