The URL can be used to link to this page

Home My WebLink About00 AGENDA 09-15-03 AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN SEPTEMBER 15, 2003 CLOSED SESSION -5:30 P.M. PUBLIC SESSION - 7:00 P.M. CLOSED SESSION- 5:30 P.M. CALL TO ORDER ROLL CALL PUBLIC INPUT - Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION - The City Council shall convene in closed session to: Confer with the City Attorney regarding pending litigation to which the City is a party, Herold vs. City of Tustin, USDC Case No. CV02-9723 RGK (SHx). Confer with the City's real property negotiator (Government Code Section 54956.8). Status update on property: Parcels 10 & 11, (I-C-I); Agency Negotiator: Assistant City Manager; Negotiating Parties: City of Tustin and Vestar Development II, LLC; Under Negotiation: Price and terms. REGULAR MEETING - 7:00 P.M. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT PROCLAMATION - Fire Prevention Week - Battalion Chief Mike Rohde, OCFA PRESENTATION - None FIRST PUBLIC INPUT - At this time members of the public may address the City Council regarding any items not on the agenda, and within the subject matter jurisdiction of the City Council (no action can be taken on off-agenda items unless authorized by law). If you wish to address the City Council on any matter, please fill out one of the blue forms located on the speaker's podium and submit to the City Clerk so that your remarks on the digital recording of the meeting can be attributed to you. When you start to address the City Council, please state your full name for the record. Total time allotted for public input on non-agenda items is Agenda - City Council September 15, 2003 - Page 1 limited to thirty (30) minutes to one (1) hour, at the discretion of the presiding officer. A speaker may not relinquish hedhis time to another speaker. A Public Input portion is provided both at the beginning and end of the meeting. PUBLIC HEARING (Agenda Item 1) 1. VESTING TENTATIVE TRACT MAP 16507 On August 25, 2003, the Planning Commission approved Concept Plan 02-003, Design Review 03-018 and Conditional Use Permit 03-016, and recommended approval of Vesting Tentative Tract Map 16507 for development of 189 residential units in Planning Area 21 of MCAS-Tustin Specific Plan. Recommendation by the Community Development Department: 1. Open and Close a Public Hearing; and 2. Adopt Resolution No. 03-112: A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL FINDING THAT THE MCAS PROGRAM ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN PROGRAM EIS/EIR) IS ADEQUATE TO SERVE AS THE PROJECT EIS/EIR FOR VESTING TENTATIVE TRACT MAP 16507 AND APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 3. Adopt Resolution No. 03-113: A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL APPROVING VESTING TENTATIVE TRACT MAP 16507, TO SUBDIVIDE 36.84 ACRES FOR THE PURPOSE OF DEVELOPING 189 RESIDENTIAL UNITS WITHIN PLANNING AREA 21 OF THE MCAS-TUSTIN SPECIFIC PLAN CONSENT CALENDAR All matters listed under Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Council, staff or public request specific items be discussed and/or removed from the Consent Calendar for separate action. (Agenda Items 2 throuqh 6) APPROVAL OF MINUTES - SEPTEMBER 2, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of September 2, 2003. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,081,534.08; and $318,706.78 respectively and ratify Payroll in the amount of $507,913.15. Agenda - City Council September 15, 2003 - Page 2 COOPERATIVE AGREEMENT NO. 12-367 WITH THE STATE OF CALIFORNIA (CALTRANS) FOR THE CONSTRUCTION OF THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT, PHASE 1 (CIP NO. 7130) Recommendation: (1) Adopt Resolution No. 03-106; and (2) Approve Cooperative Agreement No. 12-367 with the State of California (Caltrans) and authorize the Mayor and City Clerk to execute the documents on behalf of the City. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) 90-1 AS REVISED BY FINAL SUPPLEMENT #1 IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR COOPERATIVE AGREEMENT NO. 12-367 BETWEEN THE STATE OF CALIFORNIA (CALTRANS) AND THE CITY OF TUSTIN RELATING TO THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING. APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. APPROVAL OF AMENDMENT NO. 7 TO COOPERATIVE AGREEMENT NO. C-95- 993 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROJECTS FUNDED BY MEASURE M Recommendation: Approve Amendment No. 7 to Cooperative Agreement No. C-95- 993 with the Orange County Transportation Authority, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2002-2003 (CIP NO. 7001), AND THE ANNUAL SIDEWALK, CURB, AND GUTTER REPAIR PROJECT, FY 2002-2003 (PROJECT NO. 402-6235) Recommendation: Adopt Resolution No. 03-114, and authorize 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; and 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, authorize payment of the final 10% retention in the amount of $79,843.76 to Ben's Asphalt, Inc. The total final construction contract cost for the project is $798,437.64. 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 ANNUAL MAJOR MAINTENANCE PROJECT, FY 2002-2003 (CIP NO. 7001), AND THE ANNUAL SIDEWALK, CURB AND GUTTER REPAIR PROJECT, FY 2002-2003 (PROJECT NO. 402-6235). Agenda - City Council September 15, 2003 - Page 3 REGULAR BUSINESS (Agenda Items 7 through 10) ORDINANCE NO. 1279 - CODE AMENDMENT 03-005 - BONUS DENSITY ORDINANCE Ordinance No. 1279 approves and adopts Code Amendment 03-005 to amend Article 9, Chapter 1 of the Tustin City Code governing incentives for the development of affordable housing to comply with the California Legislature's 2002 amendment of Government Code Section 65915 and makes other conforming changes to State law. Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1279 (roll call vote): ORDINANCE NO. 1279 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 9, CHAPTER 1, GOVERNING INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. 10. TUSTIN HIGH SCHOOL - TILLER TRICK OR TREAT REQUEST The Associated Student Body at Tustin High School is seeking a contribution of $2,500 to cover the cost of implementing the "Tiller Trick or Treat" event on October 31,2003. Recommendation: Pleasure of the City Council. TUSTIN LEGACY MASTER DEVELOPER SELECTION PROCESS Consideration is requested of the results of the interview process in the Tustin Legacy Master Developer selection process. Recommendation by the Redevelopment Agency staff: Confirm the recommendation of the Technical Evaluation Committee to either: 1. Select a specific development team as the Master Developer for Tustin Legacy and authorize staff to execute the Exclusive Agreement to Negotiate with said development team; or 2. Short-list the five developer teams participating in the interview process further and discuss a recommended process of additional follow-up and research by the Technical Evaluation Team, the Ad-hoc Council Committee, and City Council prior to a final recommendation of the Master Developer. TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT (DDA 03-03) FOR PARCEL 34 Approval is requested of a Disposition and Development Agreement (DDA 03-03) between the City of Tustin and WL Homes LLC (Developer) for the sale and development of Parcel 34 at Tustin Legacy (Project). Agenda - City Council September 15, 2003 - Page 4 Recommendation by the Redevelopment Agency staff: Adopt Resolution No. 03-103; Subject to non-substantial modifications as may be determined necessary by the City's Special Counsel or the City Manager prior to execution, approve and authorize the City Manager, or designee, to execute DDA 03-03 between the City of Tustin and WL Home LLC for Parcel 34; and Authorize the waiver of parkland dedication fees for the 40 affordable housing units in the Project; and the provision of a minimum of one acre of privately owned parkland on Parcel 34 accessible to the public and maintained by future residents of the Project with the fair market value of the one acre to be a credit against the balance of required parkland dedication fees for the Project, and the requirement that a balance of $425,225 in parkland dedication fees be paid to the City of Tustin pursuant to Sections 9331d(1)(c) and d(2)(b) of the Tustin City Code and in compliance with all provisions of DDA 03-03 and conditions of all discretionary entitlements for the Project. 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 FEIS/EIR) AND NO NEW ENVIRONMENTAL DOCUMENT IS REQUIRED; APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED INTO THE PROJECT OR WILL BE CONDITIONS OF APPROVAL ON PENDING ENTITLEMENT APPLICATIONS. SECOND PUBLIC INPUT - At this time members of the public may address the City Council, the Tustin Community Redevelopment Agency, and any other City of Tustin agency, regarding any items not on the agenda and within the subject matter jurisdiction of the City Council acting as the City Council for the City of Tustin and as the Board of Directors for the Tustin Community Redevelopment Agency and any other City of Tustin agency. No action can be taken on off-agenda items unless authorized by law. If you wish to address the City Council on any matter, please fill out one of the blue forms located on the speaker's podium and submit to the City Clerk so that your remarks on the digital recording of the meeting can be attributed to you. Total time allotted for public input on non-agenda items is limited to thirty (30) minutes to one (1) hour, at the discretion of the presiding officer. A speaker may not relinquish her/his time to another speaker. When you start to address the City Council, please state your full name for the record. OTHER BUSINESS - City Manager, City Attorney, City Council COMMITTEE REPORTS - City Council ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, October 6, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council September 15, 2003 - Page 5