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Home My WebLink AboutCC MINUTES 2008 12 02MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA DECEMBER 2, 2008 CALLED TO ORDER MEETING #2201 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: 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 Negotiators: Christine Shingleton, Assistant City Manager Negotiators 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. DOUG DAV Mayor P MELA STOKER, City Clerk City Council Meeting December 2, 2008 Minutes Page 10 of 10