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Home My WebLink About00 CC AGENDA 09-18-06 CITY OF TUSTIN SEPTEMBER 18, 2006 REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN Tracy Worley Hagen, Mayor Pro Tem William A. Huston, City Manager Jerry Amante, Councilmember Douglas C. Holland, City Attorney Lou Bone, Councilmember Pamela Stoker, City Clerk Tony Kawashima, Councilmember Doug Davert, Mayor George Jeffries, City Treasurer CLOSED SESSION 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 September 18, 2006 meeting of the City Council. (Agenda Items A through C) CALL TO ORDER ATTENDANCE 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 (c), because City is considering whether to initiate litigation in 1 case. B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Name of Case: Russell vs. City of Tustin C. LIABILITY CLAIM pursuant to Government Code Section 54956.95 Claimant: Dianna Lynn Perrone, Claim No. 06-27 Agency Claimed Against: City of Tustin City Council Meeting September 18, 2006 Agenda Page 1 of 6 REGULAR MEETING 7:00 P.M. CALL TO ORDER INVOCATION – Father John Block, Saint Cecilia’s Church PLEDGE OF ALLEGIANCE – Councilmember Amante ROLL CALL – City Clerk Stoker CLOSED SESSION REPORT – City Attorney PRESENTATION - Proclamation presented by Mayor Davert to Orange County Fire Authority Battalion Chief Mike Rohde for Fire Prevention Week FIRST PUBLIC INPUT – This is the time and place for any member of the public who wishes to address the Council on any item(s) on the Agenda. 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 1 through 12) 1. APPROVAL OF MINUTES: SPECIAL AND REGULAR MEETING MINUTES OF SEPTEMBER 5, 2006 Recommendation: Approve the Special and Regular Meeting Minutes of September 5, 2006. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $920,506.12; $1,096,961.08; Reversals in the amount of $1,823.94; and $$2,693.94; and Payroll in the amount of $583,846.06. City Council Meeting September 18, 2006 Agenda Page 2 of 6 3. PLANNING ACTION AGENDA – SEPTEMBER 11, 2006 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of September 11, 2006. 4. AUTHORIZING THE DESTRUCTION OF DESIGNATED CITY RECORDS – CITY CLERK’S OFFICE Recommendation: Adopt resolution. RESOLUTION NO. 06-115 - A resolution of the City Council of the City of Tustin, California, authorizing the destruction of certain city records and papers in the possession of the City Clerk’s Office of the City of Tustin no longer required for the conduct of city business, pursuant to the authority granted by the City of Tustin Records Retention Schedule 5. AWARD OF CONTRACT FOR DRILLING OF PASADENA AVENUE WELL (CIP No. 6130) Recommendation: That the City Council award the drilling contract for Pasadena Avenue Well Project (CIP No. 6130) to Zim Industries, Inc. dba Bakersfield Well & Pump Co., the lowest responsive, responsible bidder, in the amount of $1,057,870.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 6. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE TUSTIN RANCH ROAD REHABILITATION BETWEEN I-5 FREEWAY AND BRYAN AVENUE (CIP NO. 7179), AND THE TUSTIN RANCH ROAD REHABILITATION BETWEEN WALNUT AVENUE AND I-5 FREEWAY (CIP NO. 7180) Recommendations: 6.a. Adopt resolution; RESOLUTION 06-106 - A resolution of the City Council of the City of Tustin, California, accepting the works of improvement and authorizing the recordation of the Notice of Completion for the construction of the Tustin Ranch Road Rehabilitation between I-5 Freeway and Bryan Avenue (CIP No. 7179), and the Tustin Ranch Road Rehabilitation between Walnut Avenue and I-5 Freeway (CIP No. 7180) City Council Meeting September 18, 2006 Agenda Page 3 of 6 6.b. Authorizing the recordation of the Notice of Completion, and direct the City Clerk to: 1. Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion; and 2. Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion. 6.c. Assuming no claims or stop payment notices are filed, it is further recommended that thirty-five (35) days after the date of recordation of the Notice of Completion, the City Council authorize payment of the final 10% retention in the amount of $99,189.66 to All American Asphalt. The total final construction contract cost for the project is $991,896.63. 7. CITY OF TUSTIN RESPONSE TO CITY OF IRVINE DRAFT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR 2851 ALTON PKWY PROJECT City Council authorization is requested for the City of Tustin's response to the subject Draft Subsequent Environmental Impact Report for a proposed City of Irvine General Plan Amendment and Zone Change, Transfer of Development Rights, and other discretionary actions to permit residential development consisting of 170 multi-family condominium units at the northwest corner of Alton Parkway and Murphy Avenue Recommendation: That the City Council authorize staff to forward the draft response letter to the City of Irvine. 8. CITY OF TUSTIN RESPONSE TO CITY OF IRVINE NOP OF A DEIR FOR THE MILLIKAN BARRANCA RESIDENTIAL PROJECT City Council authorization is requested for the City of Tustin's response to the subject Notice of Preparation (NOP) of a Draft Environmental Impact Report (DEIR) for a proposed City of Irvine General Plan Amendment and Zone Change, Transfer of Development Rights, and other discretionary actions to permit residential development consisting of 250 multi-family units at 16541 and 16542 Millikan Avenue in the City of Irvine. Recommendation: That the City Council authorize staff to forward the draft response letter to the City of Irvine. 9. CONSIDERATION OF CLAIM OF C & A CESSPOOL & SEPTIC TANK SERVICE, CLAIM NO. 06-26 Recommendation: That the City Council deny Claim Number 06-26, C & A Cesspool & Septic Tank Service, and direct Staff to send notice thereof to the Claimant. City Council Meeting September 18, 2006 Agenda Page 4 of 6 10. CONSIDERATION OF CLAIM OF CHRIS CONFER, CLAIM NO. 06-25 Recommendation: That the City Council deny Claim Number 06-25, Chris Confer, and direct Staff to send notice thereof to the Claimant. 11. NUMBER SKIPPED 12. THIRD AMENDMENT TO TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT (DDA 04-02) (RETAIL DEVELOPMENT) Recommendations: 12.a. Adopt resolution; and RESOLUTION NO. 06-116 - A resolution of the City Council of the City of Tustin, California, finding that pursuant to Public Resources Code Section 2116 and Section 15168(c) of State CEQA Guidelines the project is within the scope of the final joint program MCAS Environmental Impact Statement/Environmental Impact Report (MCAS Tustin EIS/EIR) and no new environmental document is required; applicable mitigation measures have been incorporated into the project 12.b. Subject to any non-substantive modifications as may be determined necessary by the City's Tustin Legacy Special Counsel, approve and authorize the City Manager, or Assistant City Manager to execute the Third Amendment to DDA 04-02 between the City of Tustin and Vestar/Kimco Tustin, L.P. and to carry out all actions necessary to implement the amendment including execution of all related documents. REGULAR BUSINESS ITEMS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 13 through 16) 13. ORDINANCE NO. 1317 SECOND READING: CODE AMENDMENT 06-004: OFFICE USE PROVISION Recommendation: Have second reading by title only and adoption of Ordinance No. 1317 (roll call vote). ORDINANCE NO. 1317 - An ordinance of the City Council of the City of Tustin, California, approving Code Amendment 06-004 amending the Tustin City Code relating to Office Use Provisions within Commercial Districts City Council Meeting September 18, 2006 Agenda Page 5 of 6 14. 2005 GENERAL PLAN ANNUAL REPORT The California Government Code requires that the Planning Commission provide a progress report to the City Council on the status of the City's General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing development, maintenance, and improvement. On September 11, 2006, the Planning Commission reviewed the annual report and authorized staff to forward the report to the City Council. With Council authorization, staff will forward the report to the State Office of Planning and Research and the State Department of Housing and Community Development in fulfillment of the State's requirement. Recommendation: That the City Council review and authorize staff to forward this annual report to the State Office of Planning and Research and the State Department of Housing and Community Development. 15. REQUIREMENTS TO ADOPT EXPENSE REIMBURSEMENT POLICIES; ETHICS TRAINING; COMPENSATION FOR SERVICE (AB1234) Recommendation: Adopt resolution. RESOLUTION NO. 06-111 - A resolution of the City Council of the City of Tustin, California establishing Expense Guidelines and an Expense Reimbursement Policy for City Council and commission members 16. CITY COUNCIL – LEGISLATIVE UPDATES Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT – This is the time and place for any member of the public who wishes to address the Council on any item(s) NOT on the Agenda. OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting of the City Council is scheduled for October 2, 2006 at 5:30 p.m. for Closed Session and 7:00 p.m. for the Regular Meeting in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting September 18, 2006 Agenda Page 6 of 6