HomeMy WebLinkAbout00 CC AGENDA 4-20-10CITY OF TUSTIN
JOINT REGULAR MEETING OF THE
CITY COUNCIL AND REDEVELOPMENT _
AGENCY
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John Nielsen, Mayor Pro Tem
Doug Davert, Councilmember
Jim Palmer, Councilmember Jerry Amante, Mayor
Deborah Gavello, Councilmember
APRIL 20, 2010
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.
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CALL TO ORDER -Meeting #2234
ATTENDANCE
PUBLIC INPUT -Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION ITEMS -The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from the City Attorney, that discussion in open session of the following matters will
prejudice the position of the City in existing and anticipated litigation:
A. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] - (2 cases)
B. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt.
Code § 54956.9(a)] -Three Cases
• Marble Mountain Partners, LLC v. City of Tustin et al., Orange County
Superior Court Case No. 30-2008-.00116681
• City of Newport Beach and City of Tustin v. City of Irvine et al., Case No.
30-2008-00228855-CU-WM-CXC, Orange County Superior Court
NOTE: As required by Senate Bill 343, any non-confidential writings or documents
provided to a majority of the City Council members regarding any item on this
agenda will be made available for public inspection in the City Clerk's office
located at 300 Centennial Way, Tustin, CA during normal business hours.
• Tustin Unified School District v. City of Tustin et al., Case No. 30-2010-
00345476, Orange County Superior Court
C. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
[Govt. Code § 54956.9(c)] -One Case
D. CONFERENCE WITH LABOR NEGOTIATOR [Govt. Code § 54957.6]
Agency Negotiators:
Employee Organization:
Emplo e~rganization:
Employee Organization:
Employee Organization:
Employee Organization:
Employee Organization:
Employee Organization:
Employee Organization:
Kristi Recchia, Director of Human Resources
Peter Brown, Liebert Cassidy Whitmore
Tustin Municipal Employees Association (TMEA)
Tustin Police Officers Association (TPOA)
Tustin Police Support Service Association (TPSSA)
Tustin Police Management Association (TPMA)
Part-Time Unrepresented Employees
Unclassified Confidential Employees
Management and Supervisory
Executive Management
JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY
MEETING
7:00 P.M.
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CALL TO ORDER -Meeting #2234
INVOCATION -Councilmember Palmer
PLEDGE OF ALLEGIANCE -Councilmember Davert
ROLL CALL -City Clerk Stoker
CLOSED SESSION REPORT -City Attorney Holland
PRESENTATIONS
• Boy Scouts of America 100th Anniversary - (Cathy Miller, Chairperson for Canyons
District, Orange County Council of the Boy Scouts of America)
• Relay for Life (Lori Coto, American Cancer Society)
City Council/Redevelopment Agency April 20, 2010
Meeting Agenda Page 2 of 8
ORAL COMMUNICATION /PUBLIC INPUT - At this time, any member of the public may
address the City Council on matters which are listed on this agenda or under the
jurisdiction of the City Council. If the item you wish to speak on is a public hearing item,
you may wish to wait until the Council considers that item.
PUBLIC HEARING ITEMS
A public hearing provides individuals the opportunity to
be heard regarding an intended action of the City Council
related to land use or fees. (Agenda Items 1 through 2)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED PLAN
FOR PROGRAM YEAR 2010-2015 AND ONE YEAR ACTION PLAN FOR
PROGRAM YEAR 2010-2011
The Housing and Community Development Act of 1974, as amended, established
the Community Development Block Grant (CDBG) program to return federal funds
to local communities for the purpose of developing viable urban communities by
providing decent housing, suitable living environments, and by expanding economic
opportunities, specifically for low and moderate income persons. To participate in
the CDBG program, the City is required to prepare a Consolidated Plan that
identifies needs for affordable and supportive housing, community development,
public services, and economic opportunities. The Consolidated Plan is required
every five years. Annually, the City is also required to prepare cone-year Action
Plan that implements the goals and objectives contained in the Consolidated Plan.
The documents set forth in Resolution No. 10-32 fulfill these requirements.
On February 10, 2010, the City Council held the first required public hearing to
receive public input and testimony, considered and provided staff with direction on
the 2010-2015 Consolidated Plan Priority Needs, considered and provided staff
with direction on public service performance evaluations for continued funding, and
set a second required public hearing on April 20, 2010 to finalize the 2010-2015
Consolidated Plan update and the Program Year 2010-11 Action Plan.
Recommendation: That the City Council adopt Resolution No. 10-32:
1. Approving the 2010-2015 Consolidated Plan including the proposed use of
Program Year 2010-2011 Community Development Block Grant (CDBG) funds
for inclusion in the one-year Action Plan;
2. Approving amendments to Program Year 2007-08 and 2008-09 Action Plans;
and,
3. Authorizing the Community Development Director to submit the Consolidated
Plan to the federal Department of Housing and Urban Development (HUD) and
make minor modifications to the Consolidated Plan and execute documents,
City Council/Redevelopment Agency April 20, 2010
Meeting Agenda Page 3 of 8
certifications, contracts, or other instruments as may be required to carry out the
CDBG program.
RESOLUTION NO. 10-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING THE PROGRAM YEAR 2010-2015
CONSOLIDATED PLAN INCLUDING THE PROPOSED USE OF
PROGRAM YEAR 2010-2011 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS FOR INCLUSION IN THE ONE-YEAR
ACTION PLAN AND THE AMENDMENTS TO PROGRAM YEAR 2007-
08 AND 2008-09 ACTION PLANS FOR SUBMISSION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
2. CONDITIONAL USE PERMIT 09-024, DESIGN REVIEW 09-024, AMENDMENT
TO TRACT MAP 16581, AND AMENDMENT TO CONCEPT PLAN 03-003
The project proposal is to develop a 240-unit age-restricted senior community for
rental tenure including 153 affordable units, recreation center, and associated site
and infrastructure improvements, at a parking standard of 1.7 spaces per unit,
located on Lot 265 of Tract 16581, also known as Coventry Court at Columbus
Square. The project was originally approved in 2005 and 2006, but since the
project was not completed, entitlements and building permits have lapsed. At this
time the applicant is requesting approval for the same plans as previously
approved, with a change from ownership tenure (as was previously approved) to
rental tenure for the 240 units.
The Planning Commission held public hearings on the subject item on December
8, 2009, January 26, 2010, and March 23, 2010. At the March 23, 2010, meeting,
the Planning Commission adopted Resolution No. 4134 (Attachment E)
recommending that the City Council:
a) Deny CUP 09-024, Amendment to CP 03-003, and Amendment to Tract Map
16581 for the subject project for apartments or rental tenure, and
b) Approve DR 09-024, and CUP 09-024 as it relates to parking, authorizing the
development of a 240-unit age-restricted senior residential condominium
complex including 153 affordable units, recreation center, and associated
infrastructure and site improvements on Lot 265 of Tract 16581.
Recommendation: The City Council may take either action 1 or 2 or other action
as deemed appropriate:
In accordance with the Planning Commission's recommendation, adopt
Resolution No. 10-33:
a) Denying Conditional Use Permit 09-024, Amendment to Concept Plan
03- 003, and Amendment to Tract Map 16581 for the subject project for
apartments or rental tenure, and
City Council/Redevelopment Agency April 20, 2010
Meeting Agenda Page 4 of 8
b) Approving Design Review 09-024, and Conditional Use Permit 09-024
as it relates to parking, authorizing the development of a 240-unit age-
restricted senior residential condominium complex including 153 affordable
units, recreation center, and associated infrastructure and site
improvements on Lot 265 of Tract 16581.
2. In accordance with staff's recommendation, adopt Resolution Nos. 10-33, 10-
34, and 10-35 approving the project as follows:
a) Resolution No. 10-33 approving Conditional Use Permit 09-024 and
Design Review 09-024 authorizing the development of a 240-unit senior
apartment residential complex, age restricted to persons of 55 years or
older, for rental tenure, with a parking standard of 1.7 spaces per unit,
including 153 affordable units, recreation center, and associated
infrastructure and site improvements on Lot 265 of Tract 16581;
b) Resolution No. 10-34 approving Amendment to Resolution No. 3951,
which approved Concept Plan 03-003, to reflect a change in tenure from
ownership to rental for the proposed 240-unit age-restricted senior housing
complex on Lot 265 of Tract 16581; and
c) Resolution No. 10-35 approving Amendment to Resolution Nos. 05-40
and 06-17, which approved Tentative Tract Map and Final Tract Map
16581, to reflect a change in tenure from ownership to rental for the
proposed 240- unit age-restricted senior housing complex on Lot 265 of
Tract 16581 and authorizing the execution of the First Amendment to the
Housing Agreement for Columbus Square and the Regulatory Agreement
and Declaration of Regulatory Agreement and Declaration of Restrictive
Covenants for rental units.
RESOLUTION NO. 10-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
DENYING CONDITIONAL USE PERMIT (CUP) 09-024, AMENDMENT TO
CONCEPT PLAN (CP) 03-003, AND AMENDMENT TO TRACT MAP (TM)
16581, FOR THE SUBJECT PROJECT AS APARTMENTS OR FOR
RENTAL TENURE, AND APPROVING DESIGN REVIEW 09-024 AND
CONDITIONAL USE PERMIT 09-024 AS IT RELATES TO PARKING,
AUTHORIZING THE DEVELOPMENT OF A 240-UNIT SENIOR
RESIDENTIAL CONDOMINIUM COMPLEX, AGE RESTRICTED TO
PERSONS OF 55 YEARS OR OLDER, WITH A PARKING STANDARD
OF 1.7 SPACES PER UNIT, INCLUDING 153 AFFORDABLE UNITS,
RECREATION CENTER, AND ASSOCIATED INFRASTRUCTURE AND
SITE IMPROVEMENTS ON LOT 265 OF TRACT 16581 WITHIN
PLANNING AREA 4 AND PLANNING AREA 5 OF THE MCAS TUSTIN
SPECIFIC PLAN, ALSO REFERRED TO AS COVENTRY COURT IN
COLUMBUS SQUARE AT TUSTIN LEGACY.
City Council/Redevelopment Agency April 20, 2010
Meeting Agenda Page 5 of 8
RESOLUTION NO. 10-34
A RESOLUTION OF THE CITY COUNCIL APPROVING AMENDMENT TO
CONCEPT PLAN 03-003 TO REFLECT A CHANGE IN TENURE FROM
OWNERSHIP TO RENTAL FOR THE PROPOSED 240-UNIT AGE
RESTRICTED SENIOR HOUSING COMPLEX ON LOT 265 OF TRACT
16581 (COVENTRY COURT IN COLUMBUS SQUARE AT TUSTIN
LEGACY)
RESOLUTION NO. 10-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING AMENDMENT TO RESOLUTION NOS. 05-40 AND 06-17,
WHICH APPROVED TENTATIVE TRACT MAP AND FINAL TRACT MAP
16581 RESPECTIVELY, TO REFLECT A CHANGE IN TENURE FROM
OWNERSHIP TO RENTAL FOR THE PROPOSED 240-UNIT AGE-
RESTRICTED SENIOR HOUSING COMPLEX ON LOT 265 OF TRACT
16581 (COVENTRY COURT IN COLUMBUS SQUARE AT TUSTIN
LEGACY) AND AUTHORIZING THE EXECUTION OF THE FIRST
AMENDMENT TO THE HOUSING AGREEMENT FOR COLUMBUS
SQUARE INCLUDING THE REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS FOR RENTAL UNITS.
CONSENT CALENDAR ITEMS
All matters listed under the Consent Calendar are
considered to be routine 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 8)
3. APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY
COUNCIL AND REDEVELOPMENT AGENCY HELD ON APRIL 6, 2010
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on April 6, 2010.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $698,367.95,
$2,756,649.55, $15,232.20, and $5,411.10, and Payroll in the amount of
$790,379.61.
5. SET A PUBLIC HEARING FOR JUNE 15, 2010 PURSUANT TO THE
REQUIREMENTS OF PROPOSITION 218 TO CONSIDER THE
ESTABLISHMENT OF NEW WATER RATES
Staff has developed a new water rate structure to meet ongoing operation,
maintenance, and long term capital facility improvements and is requesting the
City Council to set a public hearing for June 15, 2010 at 7:00 pm to consider the
new water rates.
City Council/Redevelopment Agency April 20, 2010
Meeting Agenda Page 6 of 8
Recommendation: It is recommended that the City Council set a public hearing
for June 15, 2010 at 7:00 pm and approve the mailing of the public hearing
notice.
6. AWARD OF CONSTRUCTION CONTRACT FOR THE TUSTIN SENIOR
CENTER WOOD FLOOR CIP NO. 1032
Bids for the Tustin Senior Center Wood Floor Project CIP No. 1032 have been
received and a construction contract is ready to be awarded to the lowest
responsive/responsible bidder.
Recommendation: It is recommended that the City Council award the
construction contract for the Tustin Senior Center Wood Floor CIP No. 1032 to
the lowest responsive/responsible bidder, McWil Sports Surfaces, Inc., in the
amount of $49,750 and authorize the Mayor and the City Clerk to execute the
contract documents on behalf of the City.
7. ELECTRONIC SCANNING AND STORAGE OF RECORDS, COMMUNITY
DEVELOPMENT DEPARTMENT
The Community Development Department has enlisted the services of ECS
Imaging, Inc., a professional digital scanning service, to digitally scan planning
project files. Staff performed quality control on the scanned files listed in Exhibit
A and stored the files in the City's Laserfiche archive. The Community
Development Department requests permission to destroy the paper copies of
these files.
The Community Development Department also requests permission to destroy
the records listed in Exhibit A that are more than two (2) years old.
Recommendation: Adopt Resolution No. 10-36, authorizing the scanning and
electronic storage of project planning files and the destruction of paper copies of
the additional items listed on Exhibit A.
RESOLUTION NO. 10-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS
AND PAPERS IN THE POSSESSION OF THE COMMUNITY
DEVELOPMENT DEPARTMENT OF THE CITY OF TUSTIN, PURSUANT
TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S
RECORDS RETENTION SCHEDULE
8. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS
Redevelopment Agency staff provides on a monthly basis an update of
redevelopment related projects.
City Council/Redevelopment Agency April 20, 2010
Meeting Agenda Page 7 of 8
Recommendation: Receive and File.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring
discussion. (Agenda Items 9-11)
9. STATUS OF WIRELESS FACILITIES ON CITY-OWNED PROPERTIES
Councilmember Gavello has requested an update on the current status of
negotiations on the placement of wireless facilities on City-owned properties.
Recommendation: Receive and file report and presentation materials.
10. FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH
TELECOM PARTNERS GROUP, INC (DBA ATS COMMUNICATIONS)
City Council approval of a proposed First Amendment to the Consultant
Services Agreement with ATS Communications (the "Consultant", also
"Telecom Partners Group, Inc.") is requested.
Recommendation: It is recommended that the Tustin City Council authorize the
City Manager or a designee of the City Manager to execute the proposed First
Amendment to the Consultant Services Agreement with Telecom Partners
Group, Inc. (dba ATS Communications) clarifying the method and manner under
which the Consultant is to be compensated.
11. LEGISLATIVE REPORT -CALIFORNIA JOBS INITIATIVE
Mayor Amante requested that the California Jobs Initiative be agendized for
discussion.
Recommendation: Pleasure of the Council.
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
ADJOURNMENT -The next meeting is scheduled for Tuesday, May 4, 2010 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.
City Council/Redevelopment Agency April 20, 2010
Meeting Agenda Page 8 of 8