HomeMy WebLinkAbout05 CC Action Agenda 11/18 & 12/2/08ITEM #5
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F~eport to the ,~~~~`~'
Planning ~or~r~nission -
DATE: DECEMBER 9, 2008
SUBJECT: CITY COUNCIL ACTION AGENDA
NOVEMBER 18 AND DECEMBER 2, 2008
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT: CITY COUNCIL ACTION AGENDA
NOVEMBER 18 AND DECEMBER 2, 2008
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
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
City Council Meeting November 18, 2008
Action Agenda Page 1 of 11
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
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 -Boys Scouts Pack
142
City Council Meeting November 18, 2008
Action Agenda Page 2 of 11
ROLL CALL
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
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.
City Council Meeting November 18, 2008
Action Agenda Page 3 of 11
Public hearing opened at 7:06 p.m. The following people spoke on the matter:
Charles Farrano, Attorney representing property owner; Mathew Huston,
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.
City Council Meeting November 18, 2008
Action Agenda Page 4 of 11
Motion: 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:
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.
City Council Meeting November 18, 2008
Action Agenda Page 5 of 11
Motion: 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
tNSTALLATION/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
City Council Meeting November 18, 2008
Action Agenda Page 6 of 11
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.
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
City Council Meeting November 18, 2008
Action Agenda Page 7 of 11
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
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
City Council Meeting November 18, 2008
Action Agenda Page 8 of 11
Manager.
Receive and file report.
15. LEGISLATIVE REPORTS -MISCELLANEOUS
Council may request that staff prepare informational reports, and/or letters of
supportlopposition 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 2nd 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;
City Council Meeting November 18, 2008
Action Agenda Page 9 of 11
• 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;
• OCFA reported statistics on recent fires (in Yorba Linda/Corona/area). The fire is 75%
contained and should be totally under control by tomorrow. It burned almost 30,000
acres; and
• Wished Jerry Amante a Happy 60th Birthday.
Mayor Amante:
• Thanked the Fire Authority personnel for efforts in fighting the recent fires;
• Thanked voters for their support in returning him to the City Council;
• Congratulated John Nielsen and Deborah Gavello on election and are looking forward
to having them on the Council;
• Honored Tony Kawashima and Lou 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;
• 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 275th 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;
• TCA Board Meeting and Joint Financial Options Committee report -revenue from all of
the toll roads down 4 1/2% 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 our 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
City Council Meeting November 18, 2008
Action Agenda Page 10 of 11
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
Action Agenda Page 11 of 11
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
DECEMBER 2, 2008
CALLED TO ORDER MEETING #2201 AT 5:30 P.M.
ATTENDANCE
ATTENDANCE
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
Councilmembers Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Raul Delgadillo [substituting for Chief Deputy City Clerk]
Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney
PUBLIC INPUT -None
CLOSED SESSION ITEMS
A. Conference with Legal Counsel -Possible Initiation of Litigation pursuant to
Government Code Section 54956.9 (c) - 2 Cases
B. 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
Partners (TLCP)
NOTE: As required by Senate Bill 343, any non-confidential writings or documents
provided to a majority of the City Council members regarding any item on this
agenda will be made available for public inspection in the City Clerk's office
located at 300 Centennial Way, Tustin, CA during normal business hours.
C. Existing Litigation [Government Code Section 54856.9(x)] -Whiteley v. City of
Tustin
D. Property Negotiations with Prospect Village, L.P.
Property: 191 Main Street and 272 - 290 Prospect Village
and Tustin Community Redevelopment Agency.
City Negotiators: Christine Shingleton, Assistant City Manager
Negotiators for
Prospect Village: John Tillotsen, Owner of Prospect Village
REGULAR BUSINESS MEETING
7:00 P.M.
~~ ~~
CALL TO ORDER -Meeting #2201
INVOCATION -Councilman Jim Palmer
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE -Tustin Police Department
ATTENDANCE
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
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 -Authorized commencement of lawsuit; no other
reportable action.
Mayor Amante introduced former Mayors in the audience.
PRESENTATION
• Proclamation presented by Mayor Amante to Tustin Police Chief Jordan in
recognition of Community Policing Award
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
City Council Meeting December 2, 2008
Agenda Page 2 of 10
may wish to wait until the Council considers that item.
Two members of the Tustin High School Tillers gave an update on the season in which
they won the League Title for 15t place. The semi-final game is against Canyon High this
Friday.
RECESS CITY COUNCIL MEETING AND CALL TO ORDER
REDEVELOPMENT AGENCY MEETING
ADJOURNED -REDEVELOPMENT AGENCY MEETING AT 8:17 P.M. AND
RECONVENE TO CITY COUNCIL MEETING
CONSENT CALENDAR ITEMS -Councilman bone pulled Item 12. It was
moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to
approve balance of Consent Calendar items as recommended by staff.
Motion carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 18, 2008
Motion: Approve the Regular city Council Meeting Minutes of November 18,
2008.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $227.17; $3,808,591.63; and
Payroll in the amount of $746,160.18.
3. PROMISSORY NOTE BETWEEN THE CITY OF TUSTIN AND TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
Motion: Adopt resolution.
RESOLUTION NO. 08-83 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
ISSUANCE OF A PROMISSORY NOTE AND OTHER MATTERS
RELATED THERETO
4. CANCEL A PUBLIC HEARING TO CONSIDER APPROVAL OF THE CITY'S
HAZARD MITIGATION PLAN
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 and it must be approved by the City
Council at a public hearing. Staff is requesting the City Council to cancel the
public hearing scheduled for December 2, 2008 to permit staff to revise the draft
City Council Meeting December 2, 2008
Agenda Page 3 of 10
plan to address comments by the Federal Emergency Management Agency
(FEMA).
Motion: Cancel the public hearing scheduled for December 2, 2008.
5. APPROPRIATION OF FUNDS FOR ADDITIVE DEMOLITION WORK IN
CONJUNCTION WITH ON-GOING DEMOLITION AND REMOVAL OF
BUILDINGS AND STRUCTURES ON FUTURE TUSTIN LEGACY PARK
STIE (CIP NO. 2043)
Building and structure demolition is being completed at the Future Tustin
Legacy Park site (CIP No. 2043) and appropriating additional funds for
additive demolition work at this time would maximize City and contractor
resources.
Motion: Transfer $47,630.00 from the Tustin Legacy Enterprise Fund (Fund
18) to the Tustin Legacy Park CIP Project Fund (2043).
6. 2007 - 2008 ANNUAL REPORT
Redevelopment Law requires that the Redevelopment Agency submit to the
legislative body an annual report for the preceding fiscal year.
Motion:
a. Receive and file its Annual Report for FY 2007-2008; and
b. Direct that a copy of its Annual Report for 2007-2008 and all other
required reporting documents and forms be executed in final form and
filed with the City of Tustin, the State Controller and State Department of
Housing and Community Development.
7. FOURTH AMENDMENT TO INFRASTRUCTURE CONSTRUCTION AND
PAYMENT AGREEMENT WITH VESTAR/KIMCO TUSTIN, L.P.
(DEVELOPER) FOR THE DISTRICT AT TUSTIN LEGACY
City Council authorization is requested for an amendment to the Infrastructure
Construction and Payment Agreement (the "Agreement") for the District at
Tustin Legacy.
Motion:
a. Authorize progress or partial reimbursements to the Developer subject to
requirements contained in the Fourth Amendment to the Agreement.
b. Subject to any non-substantive modifications as may be determined
City Council Meeting December 2, 2008
Agenda Page 4 of 10
necessary by the City's Tustin Legacy Special Counsel or City Attorney,
approve and authorize the City Manager, or Assistant City Manager to
execute the Fourth Amendment to the Infrastructure Construction and
Payment Agreement (the "Amendment") between the City of Tustin and
the Developer and to carry out all actions necessary to implement the
Amended Agreement.
8. PROPERTY TAX EXCHANGE RESOLUTION -REORGANIZATION NO. 07-
01
On January 2, 2008, the City Council approved General Plan Amendment 07-
002 to establish the General Plan designation of "Planned Community
Commercial/Business" for the annexation of approximately 1.2 acres of land
adjacent to the SR-55 Freeway at Edinger Avenue, identified as
Reorganization 07-01. The property would be detached from the City of Santa
Ana and annexed to the City of Tustin. The area proposed to be annexed is
currently developed with a public street and an abandoned on-ramp to the SR-
55 Freeway at Edinger Avenue.
Prior to holding their public hearing, the Local Agency Formation Commission
(LAFCO) requires that the Cities of Tustin and Santa Ana adopt property tax
exchange resolutions for the proposed annexation/detachment.
Motion: Adopt resolution.
RESOLUTION NO. 08-86 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN APPROVING A PROPERTY TAX
EXCHANGE RATE OF 100 PERCENT FROM THE CITY OF SANTA
ANA TO THE CITY OF TUSTIN FOR THE PROPOSED ANNEXATION
OF APPROXIMATELY 1.2 ACRES OF LAND, IDENTIFIED AS
REORGANIZATION 07-01
9. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE NEWPORT AVENUE MEDIAN
MODIFICATIONS AT ANDREWS STREET AND MAIN STREET (CIP NO.
4072); THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY
2008-2009 (CIP NO. 7001); AND THE ANNUAL SIDEWALK REPAIR
PROJECT, FY 2008-2009 (PROJECT N0.402-6235)
The plans and specifications for the Newport Avenue Median Modifications at
Andrews Street and Main Street (CIP No. 4072); the Annual Major Pavement
Maintenance Project, FY 2008-2009 (CIP No. 7001); and the Annual Sidewalk
Repair Project, FY 2008-2009 (Project No. 402-6235) 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
notices of exemption will be recorded following City Council approval of the
plans.
City Council Meeting December 2, 2008
Agenda Page 5 of 10
Motion: Adopt resolution.
RESOLUTION NO. 08-82 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE NEWPORT AVENUE MEDIAN
MODIFICATIONS AT ANDREWS STREET AND MAIN STREET (CIP
NO. 4072); THE ANNUAL MAJOR PAVEMENT MAINTENANCE
PROJECT, FY 2008-2009 (CIP NO. 7001); AND THE ANNUAL
SIDEWALK REPAIR PROJECT, FY 2008-2009 (PROJECT NO. 402-
6235); AND AUTHORIZING ADVERTISEMENT FOR BIDS
10. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR
ENGINEERNG DESIGN SERVICES ON THE JAMBOREE ROAD
PAVEMENT REHABILITATION PROJECT (CIP NO. 7194) AND THE TUSTIN
RANCH ROAD PAVEMENT REHABILITATION PROJECT (CIP NO. 7195)
Approval of the subject Consultant Services Agreement will enable engineering
design to proceed on the Jamboree Road Pavement Rehabilitation Project (CIP
No. 7194) and the Tustin Ranch Road Pavement Rehabilitation Project (CIP No.
7195).
Motion: It is recommended that the City Council approve the Consultant
Services Agreement with Norris-Repke, Inc. for Engineering Design Services
on the Jamboree Road Pavement Rehabilitation Project (CIP No. 7194) and
the Tustin Ranch Road Pavement Rehabilitation Project (CIP No. 7195) in the
not to exceed amount of $197,535.00, and authorize the Mayor and City Clerk
to execute the Agreement on behalf of the City, subject to approval as to form
by the City Attorney.
11. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR
ENGINEERING DESIGN SERVICES ON THE MITCHELL AVENUE STORM
DRAIN PROJECT (CIP NO. 5035)
Approval of the subject Consultant Services Agreement will enable engineering
design to proceed on the Mitchell Avenue Storm Drain Project (CIP No. 5035)
Motion: Approve the Consultant Services Agreement with Civil Works
Engineers, Inc. for Engineering Design Services on the Mitchell Avenue Storm
Drain Project (CIP No. 5035) in the not to exceed amount of $184,950.00, and
authorize the Mayor and City Clerk to execute the Agreement on behalf of the
City, subject to approval as to form by the City Attorney.
13. AUTHORIZATION TO PURCHASE CAMINO REAL PARK PLAYGROUND
EQUIPMENT (CIP NO. 2059) THROUGH THE GENERAL SERVICES
DEPARTMENT OF THE STATE OF CALIFORNIA
Approval of Resolution No. 08-84 will authorize the City of Tustin to purchase
City Council Meeting December 2, 2008
Agenda Page 6 of 10
new playground equipment for Camino Real Park utilizing the California
Multiple Award Schedule.
Mation: Adopt resolution.
RESOLUTION NO. 08-84 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DEPARTMENT
OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE
CERTAIN ITEMS
ITEM TAKEN OUT OF ORDER:
12. APPROVAL OF REVISED CONSTRUCTION AND MAINTENANCE
AGREEMENT BETWEEN THE SOUTHERN CALIFORNIA REGIONAL RAIL
AUTHORITY AND THE CITY OF TUSTIN FOR RAIL-HIGHWAY CROSSING
SAFETY ENHANCEMENTS AND SAFETY MEASURES RELATED TO QUIET
ZONE IMPLEMENTATION AT THE RED HILL AVENUE RAILROAD
CROSSING
On October 7, 2008, the City Council approved a Construction and Maintenance
Agreement with the Southem California Regional Rail Authority (SCRRA) for
construction of the project. Since that time, the SCRRA has made minor
revisions to the Construction and Maintenance Agreement and is now
requesting approval of the revised agreement. This agreement must be
executed before the SCRRA will proceed with construction. The SCRRA will
perform the work as part of a separate agreement with the Orange County
Transportation Authority (OCTA). On September 2, 2008, the City Council
approved Cooperative Agreement No. C-8-0863 with OCTA for design and
construction of Rail-Highway Crossing Safety Enhancements and Safety
Measures Related to Quiet Zone Implementation at the Red Hill Avenue railroad
crossing. Completion of the safety enhancements will allow the City to file a
Notice of Establishment of a Quiet Zone with the Federal Rail Authority.
Councilman Bone stated that Metrolink has added some minor revisions: the
Quiet Zone is still moving forward and after it is approved construction will start.
Motion: Approve the revised Construction and Maintenance Agreement with
the Southern California Regional Rail Authority for Rail Highway Crossing
Safety Enhancements and Safety Measures Related to Quiet Zone
Implementation at the Red Hill Avenue railroad crossing, and authorize the
Mayor and City Clerk to execute the document on behalf of the City.
It was moved by Councilmember Bone, seconded by Mayor Amante, to adopt
the revised Construction and Maintenance Agreement with the Southern
California Regional Rail Authority. Motion carried 5-0.
City Council Meeting December 2, 2008
Agenda Page 7 of 10
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. SCAG DISTRICT 17 VACANCY
The District 17 seat on the Southern California Association of Governments
(SCAG) Regional Council and the Orange County Council of Governments
(OCCOG) Board of Directors is vacant and open for declarations of
candidacy. The District representative will represent the cities of Orange,
Tustin and Villa Park on the SCAG Regional Council for the remainder of the
existing term (through May 2009) and on the OCCOG Board of Directors.
Motion: Councilmember Bone nominated John Nielsen to fill the SCAG
District 17 vacancy and direct staff to prepare a declaration of candidacy on
behalf of the appointed candidate.
Motion carried 5-0.
15. REQUEST TO SUSPEND AB 32 AND SB 375
At the November 18, 2008 City Council meeting, Mayor Amante requested
that staff agendize a discussion regarding the recommended suspension of
Assembly Bill No. 32 and Senate Bill No. 375 for a period of twenty-four (24)
months.
Staff has drafted a letter that urges Governor Schwarzenegger to suspend the
implementation of the two bills due to the threat of significant economic harm
to the State of California.
Motion: Direct staff to transmit the attached letter to Governor
Schwarzenegger.
Motion carried 5-0.
16. DECLARING RESULTS OF NOVEMBER 4, 2008 GENERAL MUNICIPAL
ELECTION
Motion: Adopt resolution.
RESOLUTION NO. 08-85- A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DECLARING THE RESULTS OF THE
GENERAL MUNICIPAL ELECTION HELD ON
NOVEMBER 4, 2008, AND OTHER SUCH MATTERS AS
PROVIDED BY LAW
City Council Meeting December 2, 2008
Agenda Page 8 of 10
Motion carried 5-0.
2006 - 2008 COUNCIL CONCLUSION
PRESENTATIONS to Councilmembers Tony Kawashima and Lou Bone
• Proclamations presented by Mayor Jerry Amante
• Resolutions presented by Orange County Board of Supervisor Campbell
2008 - 2010 CITY COUNCIL
OATHS OF OFFICE
• Oath of Office administered to Pamela Stoker, City Clerk by Mayor
Amante
• Oath of Office administered to Jerry Amante by Judge Lance Jensen
• Oath of Office administered to John Nielsen by Judge Lance Jensen
• Oath of Office administered to Deborah Gavello by City Clerk, Pamela
Stoker
ROLL CALL
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert;
Councilmembers Jim Palmer; John Nielsen and Deborah Gavello
Motion: Mayor Amante nominated Doug Davert as Mayor for the year 2009
Motion carried 5-0.
Mayor Pro Tem Davert nominated Jerry Amante and Councilwoman Deborah
Gavello nominated Councilmember Jim Palmer as Mayor Pro Tem.
Jerry Amante elected Mayor Pro Tem 3-2. (Noes -Gavello and Palmer)
CHAIR AND CHAIR PRO TEM SELECTION
Motion: By Mayor Pro Tem Jerry Amante that the Mayor and Mayor Pro Tem
serve as Chair and Chair Pro Tem respectively. Motion carried 5-0.
OTHER BUSINESS /COMMITTEE REPORTS
There were no other business or committee reports.
City Council Meeting December 2, 2008
Agenda Page 9 of 10
Comments by
Deborah Gavello -Incoming Speech; Thanked her supporters, family, and
constituents.
John Nielsen -Incoming Speech; Thanked his wife, who founded Tustin Pride
for getting him involved in the community by volunteering and then the Planning
Commission; family; Lou Bone; and all those who helped him get elected.
Jim Palmer - No Comments
Jerry Amante -Reelection comments about the sacrifice of his family; thanked
all previous mayors who came; welcomed new members and commented on
transfer of power Americans enjoy.
Doug Davert -Announced reception following the meeting; Thanksgiving
greetings; Invited everyone to the Christmas Tree Lighting Ceremony at 6 p.m.
on Friday, December 5, 2008;
On Saturday, December 6~' Tustin Metrolink will again be doing the Santa Train
which will arrive around 5:30 p.m.; welcomed new members to the Council.
ADJOURNED The meeting was adjourned at 8:40 p.m. The next meeting
of the City Council is scheduled for Tuesday, January 6,
2009 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 December 2, 2008
Agenda Page 10 of 10