HomeMy WebLinkAbout00 CC AGENDA 12-04-07CITY OF TUSTIN
REGULAR MEETING OF THE
CITY COUNCIL
Jerry Amante, Mayor Pro Tem
Doug Davert, Councilmember
Tony Kawashima, Councilmember
Jim Palmer, Councilmember
Lou Bone, Mayor
DECEMBER 4, 2007
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
William A. Huston, City Manager
Douglas Holland, City Attorney
Pamela Stoker, City Clerk
George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 p.m.
The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The
following items were received for the December 4, 2007
meeting of the City Council. (Agenda Items A through D)
PUBLIC INPUT -Members of the public may address the City Council on items on the
Closed Session Agenda
.
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION pursuant to
Government Code Section 54956.9 (b) - 2 Cases
B. CONFERENCE WITH LEGAL COUNSEL -POSSIBLE INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9 (c) - 2 Cases
C. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION pursuant to
Government Code Section 54956.9 -City of Tustin v. AAE
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government
Code Section 54957
City Manager Annual Performance Review
City Council Meeting December 4, 2007
Agenda Page 1 of 8
PUBLIC MEETING
7:00 P.M.
CALL TO ORDER
INVOCATION - Father AI Baca, St. Cecilia's Church
PRESENTATION OF COLORS & PLEDGE OF ALLEGIANCE -Tustin Police Department
ROLL CALL -City Clerk
CLOSED SESSION REPORT -City Attorney
PUBLIC HEARING ITEMS
A public hearing provides individuals the opportunity to be heard
regarding an intended action of the City Council/Redevelopment
Agency related to land use or fees. (Agenda Items 1 and 2)
1. GENERAL PLAN AMENDMENT 07-001 AND ZONE CHANGE 07-002: 13841
RED HILL AVENUE, AMERICAN SENIOR LIVING, LLC.
The project is a request by American Senior Living Development, LLC to
demolish an existing church building and construct an age-restricted (62 years or
older) assisted living/congregate care facility. The project site is a 2.882 acre
site located at 13841 Red Hill Avenue (west of Red Hill Avenue between EI
Camino Real and San Juan Street) currently occupied by the Main Place
Church. The site is designated by the General Plan and zoned as Public and
Institutional. To allow for the proposed development, a General Plan
Amendment and a Zone Change to change the land use designation and zoning
district to Planned Community Commercial/Business and Central Commercial
(C-2), respectively, are required. On November 13, 2007, the Planning
Commission recommended that the City Council approve General Plan
Amendment 07-001 and Zone Change 07-002. The Planning Commission also
approved Conditional Use Permit 07-011 and Design Review 07-012 to allow for
the development of the proposed assisted living/congregate care facility at the
project site.
Recommendations:
1.a. Open and close a Public Hearing;
City Council Meeting December 4, 2007
Agenda Page 2 of 8
1.b. Adopt resolution; and
RESOLUTION NO. 07-93 - A RESOLUTION OF THE CITY COUNCIL
ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION FOR
GENERAL PLAN AMENDMENT 07-001 AND ZONE CHANGE 07-002, A
PROPOSAL TO DEVELOP AN ASSISTED LIVING/CONGREGATE CARE
FACILITY AGE RESTRICTED TO 62 YEARS OR OLDER AT 13841 RED
HILL AVENUE
1.c. Adopt resolution; and
RESOLUTION NO. 07-94 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN APPROVING GENERAL PLAN AMENDMENT 07-
001 AMENDING THE GENERAL PLAN LAND USE DESIGNATIONS
FROM PUBLIC/INSTITUTIONAL TO PLANNED COMMUNITY
COMMERCIAL/BUSINESS TO ACCOMMODATE THE CONSTRUCTION
OF AN ASSISTED LIVING/CONGREGATE CARE FACILITY AGE
RESTRICTED TO 62 YEARS OR OLDER AT 13841 RED HILL AVENUE
1.d. Introduce and have first reading, by title only of Ordinance No. 1346.
ORDINANCE NO. 1346 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ZONE CHANGE 07-
002 AMENDING THE ZONING MAP OF THE CITY OF TUSTIN TO
REZONE THE PROPERTY LOCATED AT 13841 RED HILL AVENUE
FROM PUBLIC AND INSTITUTIONAL (P&I) TO CENTRAL COMMERCIAL
(C-2) ZONING DISTRICT TO ACCOMMODATE THE CONSTRUCTION
OF AN ASSISTED LIVING/CONGREGATE CARE FACILITY AGE
RESTRICTED TO 62 YEARS OR OLDER
2. TENTATIVE TRACT MAP 17144
On November 13, 2007, the Planning Commission recommended approval of
Tentative Tract Map 17144 to subdivide a 131-acre site into 12 numbered lots and
28 lettered lots for the purpose o~f development of approximately 1, 267,324 square
feet of commercial business, open space, public streets, and flood control facilities.
The project site is bounded by Barranca Parkway on the south, Red Hill Avenue on
the west, Warner Avenue on the north, and Armstrong Avenue on the east within
Neighborhood E (Planning Areas 9-12) of the MCAS Tustin Specific Plan
(Applicant: Tustin Legacy Community Partners, LLC; Owners: City of Tustin, Tustin
Public Financing Authority, and Tustin Legacy Community Partners, LCC).
Recommendations:
2.a. Open and close a Public Hearing;
2.b. Adopt resolution.
City Council Meeting December 4, 2007
Agenda Page 3 of 8
RESOLUTION NO. 07-92 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN APPROVING TENTATIVE TRACT MAP 17144 TO
SUBDIVIDE A 131-ACRE SITE INTO 12 NUMBERED LOTS AND 28
LETTERED LOTS FOR THE PURPOSE OF DEVELOPMENT OF
COMMERCIAL BUSINESS, OPEN SPACE, PUBLIC STREETS, AND
FLOOD CONTROL FACILITIES LOCATED WITHIN THE CITY OF
TUSTIN BOUNDED BY BARRANCA PARKWAY ON THE SOUTH, RED
HILL AVENUE ON THE WEST, WARNER AVENUE ON THE NORTH,
AND ARMSTRONG AVENUE ON THE EAST
FIRST PUBLIC INPUT
CONSENT CALENDAR ITEMS
All matters listed under the Consent Calendar are considered
to be routine by the City Council and will be enacted by one
motion without discussion. Persons wishing to speak
regarding Consent Calendar matters should file a "Request to
Speak" form with the City Clerk. (Agenda Items 3 through 15)
3. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 20, 2007
Recommendation: Approve the Regular City Council Meeting Minutes of
November 20, 2007.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $1,757,125.11 and
$1,617,739.36; and Payroll in the amount of $685,646.57.
5. 2008 LOCAL APPOINTMENTS LIST
Recommendation: Approve the 2008 Local Appointments List for the Planning
Commission, Community Services Commission, and Audit Commission.
6. CITY BOUNDARY REORGANIZATION NO. RO-07-01 LOCATED NEAR
EDINGER AVENUE AND SR-55 FREEWAY (PACIFIC CENTER EAST SPECIFIC
PLAN AREA)
Recommendation: Adopt resolution.
RESOLUTION NO. 07-67 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, MAKING APPLICATION TO AND
REQUESTING THE LOCAL AGENCY FORMATION COMMISSION OF
City Council Meeting December 4, 2007
Agenda Page 4 of 8
ORANGE COUNTY TO INITIATE PROCEEDINGS PURSUANT TO THE
CORTESE-KNOX-HERTZEBERG LOCAL GOVERNMENT
ORGANIZATION ACT OF 2000 FOR THE CITY OF TUSTIN AND CITY
OF SANTA ANA TO REORGANIZE APPROXIMATELY 1.215 ACRES OF
PROPERTY AND FILE REORGANIZATION NO. RO-07-01
7. SURPLUS EQUIPMENT SALES REPORT -PUBLIC WORKS DEPARTMENT
Recommendation: Receive and file report.
8. GRANT OF EASEMENT TO AT & T AT MAIN STREET WATER FACILITY
AT&T has requested an easement on public property at the City's Main Street
Water Facility at 275 Main Street to relocate two utility cabinets currently located
within the sidewalk area on Main Street. The existing AT&T cabinets are located
directly in front of the newly planned Tustin Library building. In exchange for the
proposed easement AT&T has agreed to quit claim two existing easements to
the City on the new Library property that would conflict with the location of the
new Library building.
Recommendation: Grant an easement to AT&T at the City's Main Street Water
Facility for relocation of the utility cabinets on Main Street adjacent to the new
Tustin Library property.
9. APPROVAL OF WATER QUALITY ORDINANCE IMPLEMENTATION
AGREEMENT NO. D07-089 WITH THE ORANGE COUNTY FLOOD CONTROL
DISTRICT
The Water Quality Ordinance Implementation .Agreement is a standard form
agreement, approved by the Orange County Board of Supervisors, to provide
water quality ordinance services in accordance with the requirements of the
Santa Ana Region National Pollutant Discharge Elimination System (NPDES)
stormwater permit. Under this agreement, the City of Tustin will have the
County's authorized inspector services available as a supplemental resource to
respond to pollution incidents.
Recommendation: Approve Water Quality Ordinance Implementation Agreement
No. D07-089 with the Orange County Flood Control District, and authorize
execution of the agreement by the Mayor and City Clerk on behalf of the City.
10. CONSIDERATION OF CLAIM OF JOY L. CRAWFORD CLAIM NUMBER 07-24
The Claimant has reported a raised sidewalk hazard in front of a residence on
Fernbrook Drive, where she fell and sustained injuries to her chin, wrist and
hand. She is requesting the City pay her $5,000.00 in order to cover her bills,
City Council Meeting December 4, 2007
Agenda Page 5 of 8
pain and suffering, and possible further medical problems.
Recommendation: Deny Claim Number 07-24, Joy L. Crawford, and direct Staff
to send notice thereof to the Claimant.
11. AWARD OF CONTRACT FOR EQUIPPING/CONSTRUCTION PHASE OF
PASADENA AVENUE WELL (CIP NO. 6130)
Bids for the Pasadena Avenue Well Project were received by the City from
qualified contractors on November 20, 2007 and a well equipping/construction
contract is now ready to be awarded to F.T. Ziebarth Company in the amount of
$2,532,700.
Recommendations:
11.a. Award the contract for equipping/construction phase of the Pasadena
Avenue Well Project (CIP No. 6130) to F.T. Ziebarth Company from
Fullerton, the lowest responsible bidder, in the amount of $2,532,700.00,
and authorize the Mayor and the City Clerk to execute the contract
documents on behalf of the City.
11.b. Appropriate $550,000 from the unappropriated reserves of the Water
Operations Fund (No. 70), to the Water Capital Improvement Fund (No.
73) to complete the Pasadena Avenue Well Project.
12. AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH
DOKKEN ENGINEERING FOR ADDITIONAL DESIGN SERVICES FOR THE
NEWPORT AVENUE EXTENSION PROJECT -PHASE II (CIP NO. 7131)
The Amendment to the Consultant Services Agreement between the City and
Dokken Engineering will provide additional Design Services for the Newport
Avenue Extension Project-Phase II (CIP No. 7131). The amendment amount is
$452,854 and will result in total engineering costs of $1,789,992. The total
engineering cost equates to 4.84% of the estimated construction cost
($37,000,000). Typically, a design fee in the range of 7-10% is reasonable.
Recommendation: Approve the Amendment to the Consultant Services
Agreement with Dokken Engineering (Dokken) to provide additional Design
Services for the Newport Avenue Extension Project-Phase II (CIP No. 7131),
authorize the Mayor and City Clerk to execute the Amendment on behalf of the
City, and authorize staff to move $192,854 from the appropriated acquisition
budget to the final design budget.
13. VECTOR CONTROL APPOINTMENT
Recommendation: Appoint Lou Bone as the Vector Control District
City Council Meeting December 4, 2007
Agenda Page 6 of 8
representative to a two year term -January 1, 2008 to December 31, 2009.
14. 2006-2007 ANNUAL REPORT
Redevelopment Law requires that the Redevelopment Agency submit to the
legislative body an annual report for the preceding fiscal year.
Recommendations: It is recommended the Redevelopment Agency receive and
file its annual report and transmit such report to the Tustin City Council.
It is recommended that the City Council take the following actions:
14.a. Receive and file its Annual Report for FY 2006-2007;
14.b. Direct that a copy of its Annual Report for 2006-2007 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.
15. LETTER CONSENTING TO JOINT REPRESENTATION OF CITY OF TUSTIN
AND ORANGE COUNTY FIRE AUTHORITY REGARDING IMPLEMENTATION
AGREEMENT CONCERNING TUSTIN LEGACY FIRE STATION.
The City Attorney seeks authorization for the firm of Woodruff, Spradlin and
Smart to represent both the City and the Orange County Fire Authority in the
review of a proposed implementation agreement and subsequent documents
and agreements related to the construction and lease of a fire station at Tustin
Legacy. The City's consent is required for the City Attorney's firm to represent
both agencies in this transaction; otherwise, separate counsel will need to be
retained to review that matter for the agencies.
Recommendation: The City Council approve the draft letter consenting to allow
Woodruff, Spradlin & Smart to represent the City and the Orange County Fire
Authority, and authorize the Mayor to execute a consent to such representation
to the City Attorney.
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 16 and 17)
16. CITY COUNCIL -LEGISLATIVE UPDATES
Recommendation: Pleasure of the City Council.
City Council Meeting December 4, 2007
Agenda Page 7 of 8
17. MAYOR AND MAYOR PRO TEM SELECTION
Recommendation: Pleasure of the City Council.
SECOND PUBLIC INPUT - Refer to First Public Input for information.
OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council
ADJOURNMENT - Reception immediately following meeting at Clifton C. Miller
Community Center.
The next regular meeting of the City Council is scheduled for
Wednesday, January 2, 2008, at 5:30 p.m. for Closed Session and
7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin,
California.
NOTE: The December 18, 2007 City Council meeting has be cancelled.
City Council Meeting December 4, 2007
Agenda Page 8 of 8