HomeMy WebLinkAbout04 CC Action Agenda 9-18-06
Report to the
Planning Commission
SEPTEMBER 25, 2006
CITY COUNCIL ACTION AGENDA
SEPTEMBER 18, 2006
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
DATE:
SUBJECT:
ATTACHMENT: CITY COUNCIL ACTION AGENDA
SEPTEMBER 18, 2006
ITEM #4
/~..
'.',/'Col, m',,',"
I .'
I, ' ~ "
,'l ~'
Q~5'
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
SEPTEMBER 18, 2006
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present:
Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen;
Councilmembers Jerry Amante and Lou Bone
Tony Kawashima
Maria R. Huizar, Chief Deputy
William A. Huston, City Manager and Douglas C. Holland, City Attorney
Absent:
City Clerk:
Others Present:
PUBLIC INPUT - None
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 Attorney Holland announced that the need to take immediate action arose subsequent
to the posting of the Agenda and the following item must be added to the Closed Session
Agenda. (Requires a 2/3 vote). Motion carried 4-0 (Kawashima).
. Tustin v. Harchol et al OCSC No. 01CC08110
. Harchol v. Tustin et al 03CC11 089, appeal case G035632
. George & June Masaoka v. Tustin, OCSC No. 05CC08868
City Council Meeting
Action Agenda
September 18, 2006
Page 1 of 7
RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed
under Closed Session.
RECONVENE - At 7:00 p.m. City Council reconvened in public session.
REGULAR MEETING
CALL TO ORDER - 7:00 p.m.
INVOCATION - Father John Block, Saint Cecilia's Church
PLEDGE OF ALLEGIANCE - Council member Amante
ROLL CALL
Present:
Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen;
Councilmembers Jerry Amante and Lou Bone
Tony Kawashima
Pamela Stoker
William A. Huston, City Manager and Douglas C. Holland, City Attorney
Absent:
City Clerk:
Others Present:
CLOSED SESSION REPORT - City Attorney reported:
. Authorize staff to settle claim: Russell vs. City of Tustin; and
. Deny Claim of Dianna Lynn Perrone, Claim No. 06-27
FIRST PUBLIC INPUT - Audrey Swearengen, Jeanne Warren, and Judy White spoke on rent
control issues. Michael Sands spoke in support of veteran's parade.
PRESENTATION - Proclamation presented by Mayor Davert to Orange County Fire Authority
Battalion Chief Mike Rohde for Fire Prevention Week
CONSENT CALENDAR - Pulled items 7 and 8 for separate discussion. It was moved by
Mayor Pro Tem Hagen, seconded by Councilmember Amante, to approve items 1 through 6
and 9 through 12. Motion carried 4-0 (Kawashima absent).
1. APPROVAL OF MINUTES: SPECIAL AND REGULAR MEETING MINUTES OF
SEPTEMBER 5, 2006
City Council Meeting
Action Agenda
September 18, 2006
Page 2 of 7
Motion: Approve the Special and Regular Meeting Minutes of September 5, 2006.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: 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.
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.
Motion: Ratify the Planning Commission Action Agenda of September 11 , 2006.
4. AUTHORIZING THE DESTRUCTION OF DESIGNATED CITY RECORDS -
CITY CLERK'S OFFICE
Motion: 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)
Motion: 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 1-5 FREEWAY AND BRYAN AVENUE (CIP NO.
7179), AND THE TUSTIN RANCH ROAD REHABILITATION BETWEEN
WALNUT AVENUE AND 1-5 FREEWAY (CIP NO. 7180)
Motion:
City Council Meeting
Action Agenda
September 18, 2006
Page 3 of 7
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 1-5 Freeway and Bryan Avenue (CIP
No. 7179), and the Tustin Ranch Road Rehabilitation between Walnut
Avenue and 1-5 Freeway (CIP No. 7180)
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.
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
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem
Hagen, to authorize staff to forward the draft response letter to the City of Irvine.
Motion carried 4-0 (Kawashima absent).
Iii!
",J~
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.
City Council Meeting
Action Agenda
September 18, 2006
Page 4 of 7
Motion: It was moved by Councilrnember Amante, seconded by Mayor Pro Tem
Hagen, to authorize staff to forward the draft response letter to the City of Irvine.
Motion carried 4-0 (Kawashima absent).
9. CONSIDERATION OF CLAIM OF C & A CESSPOOL & SEPTIC TANK
SERVICE, CLAIM NO. 06-26
Motion: 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.
1 O. CONSIDERATION OF CLAIM OF CHRIS CONFER, CLAIM NO. 06-25
Motion: 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)
Motion:
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
13. ORDINANCE NO. 1317 SECOND READING: CODE AMENDMENT 06-004:
City Council Meeting
Action Agenda
September 18, 2006
Page 5 of 7
OFFICE USE PROVISION
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem
Hagen, to 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
Motion carried 4-0 (Kawashima absent).
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.
Motion: It was moved by Mayor Pro Tem Hagen, seconded by Councilmember
Amante, to authorize staff to forward this annual report to the State Office of
Planning and Research and the State Department of Housing and Community
Development. Motion carried 4-0 (Kawashima absent).
15. REQUIREMENTS TO ADOPT EXPENSE REIMBURSEMENT POLICIES;
ETHICS TRAINING; COMPENSATION FOR SERVICE (AB1234)
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem
Hagen, to adopt resolution. Motion carried 4-0 (Kawashima absent).
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
Councilmember Bone reported on SB1206, .Kehoe and the high cost to
redevelopment.
City Council Meeting
Action Agenda
September 18, 2006
Page 6 of 7
SECOND PUBLIC INPUT - None
OTHER BUSINESS I COMMITTEE REPORTS
Councilmember Amante:
. Report on Transportation Corridor Agency Financial Options Committee, consultants to
determine financial options for both agencies;
. League of Cities conference in San Diego was beneficial but needed some refreshing; and
. Commented that Councilmember Bone, Jim Palmer and himself met with property owner of
mobile home park about a year ago and the agreement made with residents has been
upheld, protecting Section 8 units and senior park status.
Council member Bone:
. Concurred with Councilmember Amante on mobile home park issues;
. Southern California Association of Governments report, Maglev Task Force and
Transportation Policy Committee, moving forward with initial operating segment, approved
extension to 710 freeway, regional council, suggested sending letter to legislature on
upcoming emergency bill;
. League of Cities Conference, received Advanced Leadership diploma, Resolution
Committee addressed several items; and
. Attended Orange County League of Cities installation dinner, he is Third District
Representative and Jerry Amante is Advocacy Chair.
Mayor Pro Tem Hagen:
. League of Cities Conference, content and frequency need to be addressed; and
. Attended BIA Awards, congratulated Parker and Don Kennedy nominated as honorees.
Mayor Davert:
. Reiterated comments on League of Cities Conference;
. Reminded everyone Tustin Tiller Days was first weekend in October; and
. Appreciated efforts made by Council members Bone & Amante to meet with park
management at Tustin Village Mobile Home Park.
ADJOURNMENT - 7:31 p.m. - 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
Action Agenda
September 18, 2006
Page 7 of 7
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
SEPTEMBER 18, 2006
CALL TO ORDER
7:32 p.m.
ATTENDANCE
Present:
Absent:
Recording Secretary:
Others Present:
Chair Doug Davert; Chair Pro Tem Tracy Worley Hagen;
Agency Members Jerry Amante and Lou Bone
Tony Kawashima
Pamela Stoker
William A. Huston, Executive Director and Douglas C. Holland,
City Attorney
PUBLIC INPUT - None
CONSENT CALENDAR - It was moved by Agency Member Amante, seconded by
Agency Member Bone, to approve the Redevelopment Agency Item 1 as recommended
by staff. Motion carried 4-0 (Kawashima absent).
1. APPROVAL OF MINUTES - REGULAR MEETING OF SEPTEMBER 5, 2006
Motion: Approve the Redevelopment Agency Minutes of September 5, 2006.
ADJOURNMENT - 7:32 P.M. - The next regular meeting of the Redevelopment Agency is
scheduled for October 2, 2006, at 7:00 p.m. in the Council Chamber, 300 Centennial Way,
Tustin.
Community Redevelopment Agency Meeting
Action Agenda
September 18, 2006
Page 1 of 1