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Home My WebLink AboutCC MINUTES 2007 09 18MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA SEPTEMBER 18, 2007 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; and Councilmember Doug Davert Absent: Councilmembers Tony Kawashima and Jim Palmer City Clerk: Maria R. Huizar, 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 -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, Case No. 030001932 RECESS - At 5:30 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 6:57 p.m. City Council reconvened in public session. PUBLIC MEETING CALL TO ORDER- 7:00 p.m. City Council Meeting September 18, 2007 Minutes Page 1 of 6 INVOCATION -Father John Block, St. Cecilia's Church PLEDGE OF ALLEGIANCE -Councilmember Davert ROLL CALL Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; Councilmembers Doug Davert, and Tony Kawashima Absent: Councilmember Jim Palmer City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Doug Holland, City Attorney CLOSED SESSION REPORT -Nothing to report. PRESENTATION -Proclamation presented by Mayor Bone to Orange County Fire Authority Battalion Chief Rohde for Fire Prevention Month FIRST PUBLIC INPUT- None PUBLIC HEARING ITEM 1. PUBLIC HEARING -ZONE CHANGE 06-002, TENTATIVE TRACT MAP 17096 (1972 MITCHELL AVENUE AND 14251-14351 BROWNING AVENUE) The project is the proposed redevelopment of a 60-unit apartment complex on a 4.1-acre (net area) site with 77 condominium units referred to as "Hampton Village." The project site is located within the Suburban Residential (R-4) zoning district at 1972 Mitchell Avenue and 14251-14351 Browning Avenue at the southwest corner of Mitchell Avenue and Browning Avenue (APN 432-342-30). On August 28, 2007, and September 11, 2007, the Planning Commission conducted public hearings. Numerous residents of the neighboring properties spoke in opposition to the project at both meetings. On September 11, 2007, the Planning Commission, with a three to one vote, denied the project and directed staff to prepare resolutions of the project related to denial of Conditional Use Permit 06-024 and Design Review 06- 020 and recommending denial of Zone Change 06-002 and Tentative Tract Map 17096, for consideration by the Commission at the September 25, 2007, meeting. City Council Meeting September 18, 2007 Minutes Page 2 of 6 Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to continue Zone Change 06-002 and Tentative Tract Map 17096 for the proposed Hampton Village project to the first practical City Council meeting. This date will be determined upon receipt of an appeal. Adequate public notice could likely be provided for the October 16, 2007, or November 6, 2007 meeting. Motion carried 4-0 (Palmer absent). * City Attorney Holland noted that item will be re-noticed and brought to Council at a future date as published. CONSENT CALENDAR ITEMS -Mayor Bone pulled item #7 for separate discussion. It was moved by Councilmember Davert, seconded by Councilmember Kawashima, to approve balance of consent calendar items as recommended by staff. Motion carried 4-0 (Palmer absent). 2. APPROVAL OF MINUTES -REGULAR MEETING OF SEPTEMBER 4, 2007 Motion: Approve the Minutes of the Regular City Council Meeting held September 4, 2007. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $1,417,297.90; and $396, 845.27; and Payroll in the amount of $633,786.65. 4. PLANNING ACTION AGENDA -SEPTEMBER 11, 2007 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Motion: Ratify the Planning Commission Action Agenda of September 11, 2007. 5. CONSIDERATION OF CLAIM OF KEITH BLUE, CLAIM NO. 07-26 Motion: Deny Claim Number 07-26, Keith Blue, and direct Staff to send notice thereof to the Claimant and Claimant's attorney. 6. DECLARATION OF SURPLUS EQUIPMENT (FINANCE DEPARTMENT - INFORMATION TECHNOLOGY) The City has accumulated a large quantity of obsolete and/or damaged computer and other equipment. The listed equipment is no longer usable or required for public use. __ City Council Meeting September 18, 2007 Minutes Page 3 of 6 Motion: 6.a. Declare the listed equipment surplus and not required for public use in accordance with the Tustin City Code, Section 1626; and 6.b. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. 7. SOLID WASTE CONTRACT TRANSITION STATUS CR&R, Inc. has completed the major tasks associated with the service transition from Federal Disposal Service (FDS) and will be ready to assume waste collection and recycling responsibilities on October 1, 2007. Motion: It was moved by Mayor Bone, seconded by Councilmember Davert, to accept report as provided for informational purposes only. No action is required. Motion carried 4-0 (Palmer absent). REGULAR BUSINESS ITEMS 8. INTERVIEW AND APPOINT MEMBER TO THE PLANNING COMMISSION The City Council will conduct interviews and appoint one (1) member to the Planning Commission. The vacancy is due to the resignation of Brett Floyd with a term expiring March 1, 2008. Planning Commission applicants: Russell De Bie; Deborah Gavello; Eileen Gilman; Adam J. Gillman; Stanley Miller; and Jeff Thompson. Motion: 8.a. Interview Planning Commission candidates; and 8.b. Cast ballots to determine appointment. Ballots were cast by Council to fill one (1) unexpired four-year term on the Planning Commission. City Clerk Stoker reported the ballot tally as follows: by unanimous consent appointed Jeff Thompson to the Planning Commission to fill an unexpired four-year term expiring March 1, 2008. 9. ADOPT ORDINANCE 1342 -ORDINANCE AMENDING SECTION 1260 OF THE TUSTIN CITY CODE RELATING TO CITY COUNCIL BADGES City Council Meeting September 18, 2007 Minutes Page 4 of 6 This action recommends an amendment to the recently adopted council badges ordinance in response to an opinion of the Attorney General. This ordinance would allow the City Manager to devise appropriate means of identification for members of the City Council consistent with the provisions of state law and the Attorney's General Opinion. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to have second reading by title only and adoption of Ordinance No. 1342 (roll call vote) or action as necessary. ORDINANCE NO. 1342 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1260 OF THE TUSTIN CITY CODE RELATING TO CITY COUNCIL BADGES Motion carried 4-0 (Palmer absent). 10. LEGISLATIVE REPORTS: SENATE BILL 619 Senate Bill 619 proposes to reduce the amount of contract payment retention allowed for public works contracts from 10% to 5%. The Assembly has placed this bill in the inactive file and staff is recommending that the City Council take no action at #his time. Motion: It was moved by Mayor Bone, seconded by Councilmember Davert, to oppose legislation. Motion carried 4-0 (Palmer absent). SECOND PUBLIC INPUT -Erin Nielsen thanked Council for success of Tustin Pride and asked all residents to take pride in schools since it affects all in property values. OTHER BUSINESS AND COMMITTEE REPORTS Councilmember Kawashima: • Asked Planning Commission applicants to get involved in community; and • Mentioned shopping cart sensor system in Lake Tahoe successful. Councilmember Davert: • Attended League of California Cities conference last week, lobbied bills that are important to City; • Orange County Sanitation District contentious issue on odor control around plants in Fountain Valley and Huntington Beach; rates could increase; • Schools back in session, hopes everyone has a great year; and • Councilmember Palmer in Washington DC at swearing-in by President of the US for appointment to National Corporation for Community Service. City Council Meeting September 18, 2007 Minutes Page 5 of 6 Mayor Pro Tem Amante: • Thanked Councilmember Davert for efforts in Sacramento on successful passage of SB645; • Orange County Transportation Authority passed $60 million funding for grade crossings and quiet zone projects; • Report from Berkley supporting continuous access of HOV lanes on Orange County freeways; and • Commitment to grade separations at all 53 crossings in the County. Mayor Bone: • Environmental study for parking structure to be completed in December; design of quiet zone in progress; • Attended urban casino seminar in Sacramento, Indian Nations can buy land and build casinos; skateboard parks seminar: learned that security and safety are major concerns; • Mayor Pro Tem Amante voted on a resolution (at League Conference) to support 300 foot buffer for group homes; • Evaluated new trash vehicles that will use natural gas instead of diesel; • Congratulated Mayor Pro Tem Amante elected to 2nd Vice President and Executive Committee member at Orange County League of Cities; • Mayor Bone re-elected to Board from Third District; • Attended Orange County Sheriff's Academy ribbon cutting last week; • Metrolink station in Tustin will include 5 story parking structure; • Cal State Fullerton celebrating 50th anniversary, hoping to open campus at Tustin Legacy; and • Attended Partnership for Prescription Assistance at Senior Center, sponsored by Assemblyman Devore. ADJOURNMENT - 7:48 p.m. -The next regular meeting of the City Council is scheduled for Tuesday, October 2, 2007 in the Council Chamber, 300 Centennial Way, Tustin, California LOU BONE Mayor PAMELA STOKER City Clerk City Council Meeting September 18, 2007 Minutes Page 6 of 6