HomeMy WebLinkAbout01 CC MINUTES 2008 12 02 01-06-09MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
DECEMBER 2, 2008
CALLED TO ORDER MEETING #2201 AT 5:30 P.M.
ATTENDANCE
Agenda Item 1
Reviewed:
City Manager
Finance Director N/A
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)
C. Existing Litigation [Government Code Section 54856.9(a)] -Whiteley v. City of
Tustin
City Council Meeting December 2, 2008
Minutes Page 1 of 10
D. Property Negotiations with Prospect Village, L.P.
Property: 191 Main Street and 272 - 290 Prospect Village
and Tustin Community Redevelopment Agency.
City Neqotiators: Christine Shingleton, Assistant City Manager
Neqotiators for
Prospect Village: John Tillotsen, Owner of Prospect Village
REGULAR BUSINESS MEETING
CALL TO ORDER MEETING #2201 AT 7:01 P.M.
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 -City Council unanimously approved authorization to
commence lawsuit proceedings. Report will be on file with the City Clerk's Office.
PRESENTATION
• Proclamation presented by Mayor Amante to Tustin Police Chief Jordan in
recognition of Community Policing Award
ORAL COMMUNICATION /PUBLIC INPUT
• Andrew Rafter and Anthon~r Wilkerson of Tustin High School provided an update on
the Football season, 1S Place at League Championships; semi-final CIF
Championship against Canyon High this Friday.
RECESS CITY COUNCIL MEETING AT 8:17 P.M. AND CALL TO ORDER
REDEVELOPMENT AGENCY MEETING.
City Council Meeting December 2, 2008
Minutes Page 2 of 10
ADJOURNED - REDEVELOPMENT AGENCY MEETING AT 8:17 P.M. AND
RECONVENE TO CITY COUNCIL MEETING
CONSENT CALENDAR ITEMS -Councilmember Bone pulled Item 12 for separate
action. 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 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
SITE (CIP NO. 2043)
City Council Meeting December 2, 2008
Minutes Page 3 of 10
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: Approve transfer $47,630.00 from the Tustin Legacy Enterprise Fund
(Fund 18) to the Tustin Legacy Park CIP Project Fund (2043).
6. 2007 - 2008 REDEVELOPMENT AGENCY ANNUAL REPORT
Redevelopment Law requires that the Redevelopment Agency submit to the
legislative body an annual report for the preceding fiscal year.
Motion:
6.a. Receive and file its Annual Report for FY 2007-2008; and
6.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:
7.a. Authorize progress or partial reimbursements to the Developer
subject to requirements contained in the Fourth Amendment to the
Agreement; and
7.b. Subject to any non-substantive modifications as may be determined
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.
City Council Meeting December 2, 2008
Minutes Page 4 of 10
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.
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
City Council Meeting December 2, 2008
Minutes Page 5 of 10
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: 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
new playground equipment for Camino Real Park utilizing the California
Multiple Award Schedule.
Motion: Adopt resolution.
City Council Meeting December 2, 2008
Minutes Page 6 of 10
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
AGENDA 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 Southern 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 noted for the record that Metrolink Board had made some
minor revisions to plan, but Quiet Zone moving forward and construction shortly
underway.
Motion: It was moved by Councilmember Bone, seconded by Mayor Amante
to 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. Motion carried 5-0.
REGULAR BUSINESS ITEMS
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
City Council Meeting December 2, 2008
Minutes Page 7 of 10
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: It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Davert to nominated John Nielsen to fill the SCAG District 17 vacancy. Motion
carried 5-0.
15. LEGISLATIVE REPORTS: 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: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert
to direct staff to transmit the draft letter to Governor Schwarzenegger. Motion
carried 5-0.
16. DECLARING RESULTS OF NOVEMBER 4, 2008 GENERAL MUNICIPAL
ELECTION
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone to 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
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 Congressman John Campbell, Orange County Board of
Supervisor Bill Campbell, Assembly members Chuck Devore, former Tustin Mayors
Tracy Worley Hagen and Ursula Kennedy; and Tustin Chamber of Commerce
City Council Meeting December 2, 2008
Minutes Page 8 of 10
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
ATTENDANCE
Present: Jerry Amante; Doug Davert; Deborah Gavello John Nielsen; and Jim
Palmer
MAYOR AND MAYOR PRO TEM SELECTION
Motion: It was moved by Mayor Amante, seconded by Councilmember Nielsen, to
nominate Doug Davert as Mayor and close the nomination for position. Motion carried
5-0.
Mayor Davert presided over the meeting.
Mayor Davert nominated Jerry Amante and Councilmember Gavello nominated
Councilmember Jim Palmer as Mayor Pro Tem. Nominations closed.
Motion: It was moved by Mayor Davert, seconded by Councilmember Nielsen to elect
Jerry Amante as Mayor Pro Tem. Motion carried 3-2. (Gavello and Palmer Dissented)
CHAIR AND CHAIR PRO TEM SELECTION
Motion: It was moved by Mayor Pro Tem Amante that the Mayor and Mayor Pro Tem
serve as Chair and Chair Pro Tem respectively. Motion carried 5-0.
OTHER BUSINESS /COMMITTEE REPORTS
City Clerk Stoker:
• Thanked voters and family for support.
Councilmember Gavello:
• Thanked supporters, family, and citizens of Tustin.
City Council Meeting December 2, 2008
Minutes Page 9 of 10
Councilmember Nielsen
• Thanked wife for getting him involved in volunteering and all involved in getting him
elected; and
• Congratulated Councilmember Gavello on successful election campaign.
Mayor Pro Tem Amante:
• Thanked voters of the City and family for support;
• Thanked all previous mayors who attended meeting;
• Welcomed newly elected council members; and
• Commented on peaceful transfer of power American enjoys.
Mayor Davert
• Reception following the meeting;
• Thanksgiving greetings;
• Invited everyone to the Christmas Tree Lighting Ceremony at 6 p.m. on Friday,
December 5, 2008;
• Saturday, December 6th Tustin Metrolink will have Santa Train that will arrive around
5:30 p.m.; and
• Welcomed new members to the Council.
ADJOURNED 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
Minutes Page 10 of 10