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Home My WebLink AboutCC Minutes 2010-04-20MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2234 at 5:30 p.m. ATTENDANCE Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tern 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 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 • Tustin Unified School District v. City of Tustin et al., Case No. 30 -2010- 00345476, Orange County Superior Court City Council /Redevelopment Agency April 20, 2010 Minutes 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. 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 Tern 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 20, 2010 Minutes 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) F.R. Serrao — spoke regarding 2nd Amendment rights and the right to bear arms Vincent Burke — spoke in support of 2nd Amendment rights PUBLIC HEARING ITEMS 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 a one-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. City Council/Redevelopment Agency April 20, 2010 Minutes 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 carried 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 20, 2010 Minutes 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 29th 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 20, 2010 Minutes 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 considers 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 carried 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 6t". 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 20, 2010 Minutes 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 Tern Nielsen to award the construction contract for the Tustin Senior Center Wood Floor CIP N4. 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 N• 10-36 ' RESOLUTION OF • OF OF CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND PAPERS IN THE POSSESSION OF THE COMMUNITY DEVELOPMENT ! • ' • OF OF PURSUANT TO AUTHORITY • ♦ ! BY OF RECORDS RETENTION SCHEDULE * 1 • • • • • • ! • • 1 • i ! Redevelopment Agency staff provides on a monthly basis an update of redevelopment related projects. Recommendation: Receive and File. REGULAR BUSINESS ITEMS City Council /Redevelopment Agency April 20, 2010 Minutes 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 Tern Nielsen to approve the recommended action. Motion carried 4-1 (Gavello dissenting) LEGISLATIVE REPORT — CALIFORNIA JOBS INITIATIVE Mayor Amante requested that the California Jobs Initiative be agendized for discussion. Motion: It was moved by Councilmember Davert and seconded by Mayor Pro Tern Nielsen to support the California Jobs Initiative. Motion carried 4-1 (Gavello dissenting) OTHER BUSINESS/COMMITTEE REPORTS — City Manager, City Attorney, City Council Mayor Pro Tern 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 20, 2010 Minutes 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. d, PAMELA STOKER, City Clerk City Council/Redevelopment Agency April 20, 2010 Minutes Page 9 of 9