HomeMy WebLinkAbout01 CC/RDA MINUTES 4-20-10Agenda Item
Reviewed:
City Manager
MINUTES Finance Director
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
APRIL 20, 2010
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER -Meeting #2234 at 5:30 p.m.
ATTENDANCE
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N/A
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Doug Davert,
Deborah Gavello and Jim Palmer
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: William Huston, City Manager; and Doug Holland, City Attomey
PUBLIC INPUT -None
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 Attomey, 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
• Tustin Unified School District v. City of Tustin et al., Case No. 30-2010-
00345476, Orange County Superior Court
City Council/Redevelopment Agency April 6, 2010
Action Agenda Page 1 of 9
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:
Employee Organization:
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
RECESSED - At 5:30 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 7:01 p.m. City Council reconvened in public session with same
members present.
JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY
MEETING
7:00 P.M.
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CALL TO ORDER -Meeting #2234 at 7:01 p.m.
INVOCATION -Councilmember/Agencymember Palmer
PLEDGE OF ALLEGIANCE -Councilmember/Agencymember Davert
ROLL CALL -City Clerk Stoker
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen,
and Councilmembers/Agencymembers Doug Davert, Deborah Gavello
and Jim Palmer
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: William Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT - City Attorney Holland -The Council did not take any
City Council/Redevelopment Agency April 6, 2010
Action Agenda Page 2 of 9
reportable action
PRESENTATIONS
• Boy Scouts of America 100th Anniversary - (Cathy Miller, Chairperson for Canyons
District, Orange County Council of the Boy Scouts of America)
• Tustin Relay for Life (Lori Couto)
ORAL COMMUNICATION /PUBLIC INPUT
• F.R. Serrao -spoke regarding 2"d Amendment rights and the right to bear arms
• Vincent Burke -spoke in support of 2"d Amendment rights
PUBLIC HEARING ITEMS
1. 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 aone-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.
Public hearing opening at 7:30 p.m.
Public hearing closed at 7:30 p.m. with no public input
Motion: It was moved Councilmember Davert and seconded by Councilmember
Palmer to adopt Resolution No. 10-32.
RESOLUTION NO. 10-32
City Council/Redevelopment Agency April 6, 2010
Action Agenda Page 3 of 9
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.
Motion carved 5-0.
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.
A presentation was given by Elizabeth Binsack, Director of Community
Development
A presentation was given by Carol McDermott representing Lennar
Public hearing opened at 8:08 p.m.
Spoke in support of the Coventry Court as a rental project:
Stephanie Freeman
Adrienne Salerno
City Council/Redevelopment Agency April 6, 2010
Action Agenda Page 4 of 9
Spoke in opposition of Coventry Court as a rental project:
Carlos Cuyugan
Lee Whiteley
Shai Rambod
Bill Stelzner
Ramin Mousavi
Karen Knighton
Jim Blake
Daniel Adelseck
Mike Vo
RECESSED - At 9:03 p.m. City Council recessed
RECONVENED - At 9:14 p.m. City Council reconvened
Spoke in opposition of Coventry Court as a rental project:
Anne Terra
Cristin Cart
Lucy Akoubian
Albert Hernandez
Marina Sun
Noel Stone
William Nixon
Shawn Hintermeyer
Carol McDermott representing Lennar spoke the second time addressing public
comments
Spoke in opposition of Coventry Court as a rental project:
Aneta Black
Jose Delvalle
Public hearing closed at 9:45 p.m.
Motion: It was moved by Councilmember Davert to continue the item to June 29"' at
5 p.m.
Councilmember Davert modified the previous motion to continue the item to a
special meeting on July 7, 2010 beginning at 5:00 p.m. Councilmember Palmer
seconded the motion.
Motion carried 3-2 (Gavello and Nielsen dissenting)
City Council/Redevelopment Agency April 6, 2010
Action Agenda Page 5 of 9
CONSENT CALENDAR - It was moved by Councilmember/Agencymember Davert and
seconded by Councilmember/Agencymember Palmer to pull consent items 5 and 6 and to
approve the balance of the consent calendar items as recommended by staff.
Motion carried 5-0
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 p.m. to consider
the new water rates.
Recommendation: It is recommended that the City Council set a public hearing
for June 15, 2010 at 7:00 p.m. and approve the mailing of the public hearing
notice.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Nielsen to approve the recommended public hearing date
Motion carved 4-1 (Palmer dissenting)
Motion: Councilmember Gavello moved to reopen the item and seconded by
Councilmember Davert. Motion carried 5-0
Councilmember Gavello requested moving the public hearing to July 6"'. Motion
died for lack of a second.
Motion carried: 3-2 to approve the recommended public hearing date of June
15, 2010 (Gavello and Palmer dissenting)
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
City Council/Redevelopment Agency April 6, 2010
Action Agenda Page 6 of 9
received and a construction contract is ready to be awarded to the lowest
responsive/responsible bidder.
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro
Tem Nielsen to 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 and direct
staff to include Tustin vendors in all requests for bids.
Motion carried 5-0
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.
Recommendation: Receive and File.
REGULAR BUSINESS ITEMS
9. STATUS OF WIRELESS FACILITIES ON CITY-OWNED PROPERTIES
City Council/Redevelopment Agency April 6, 2010
Action Agenda Page 7 of 9
Councilmember Gavello has requested an update on the current status of
negotiations on the placement of wireless facilities on City-owned properties.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Palmer to receive and file the report.
Motion carried 5-0.
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.
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro
Tem Nielsen to approve the recommended action.
Motion carried 4-1 (Gavello dissenting)
11. LEGISLATIVE REPORT -CALIFORNIA JOBS INITIATIVE
Mayor Amante requested that the Califomia Jobs Initiative be agendized for
discussion.
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro
Tem Nielsen to support the Califomia Jobs Initiative.
Motion carried 4-1 (Gavello dissenting)
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
Mayor Pro Tem Nielsen:
• Referred to Los Angeles Times article dated April 13, 2010, "Water Conservation
Program caused L.A.'s string of water main breaks, report finds"
• Thanked Assemblyman Curt Hagman for his article in the Flash Report stating that
the Democratic majority in the State Legislature killed a resolution for the Boy
Scouts of America celebrating their 100 years because they felt the Boy Scouts are
too controversial
Mayor Amante:
• Attended luncheon to honor senior volunteers for the over 13,600 hours they have
donated in their time to the community; thanked Parks and Recreation Services
Director Dave Wilson, Marilyn Esposito, Barbara Guerrero, and Vanessa Osborn
• Reminded all of the Tustin Relay for Life Saturday and Sunday, April 24-25, 2010
City Council/Redevelopment Agency April 6, 2010
Action Agenda Page 8 of 9
ADJOURNED - 10:55 p.m. 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 6, 2010
Action Agenda Page 9 of 9