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Home My WebLink AboutCC MINUTES 2003 09 02 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA SEPTEMBER 2, 2003 5:30 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced CLOSED SESSION- 5:30 P.M. CALL TO ORDER ROLL CALL Mayor Traoy Wills Worley, Mayor Pro Tem Tony Kawashima, Councilmembers Lou Bone, Doug Daver[ and Jeffery M. Thomas None Pamela Stoker (absent) William A. Huston, City Manager; Lois Jeffrey, City Attorney PUBLIC INPUT CLOSED SESSION -- Mayor Worley announced the City Council would convene in closed session to confer with the City Attorney regarding significant exposure to litigation, one (1) case, the claim of David Arnold (Claim No. 03-26). The claim may be reviewed in the City Clerk's Office. 7:00 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: Denied claim of Dave Arnold None Linda Jennings, President of TAC FA 350 South B Street Tustin, CA Given REGULAR MEETING-- 7:00 P.M. CALL TO ORDER INVOCATION - Councilmember Bone PLEDGE OF ALLEGIANCE -- Mayor Pro Tern Kawashima ROLL CALL Mayor Tracy Wills Worley, Mayor Pro Tem Tony Kawashima, Councilmembers Lou Bone, Doug Davert and Jeffery M. Thomas None Pamela Stoker William A. Huston, City Manager; Lois Jeffrey, City Attorney CLOSED SESSION REPORT - Lois Jeffrey, City Attorney, announced the City Council voted 5-0 to deny the claim of Dave Arnold and directed the City Clerk to send notice thereof to the claimant and claimant's attorneys. PROCLAMATION FIRST PUBLIC INPUT Reported on the success of the Sound of Music performances at Peppertree Park. PRESENTATIONS Linda Detainers, City of Tustin's Library Consultant, was introduced. Minutes - City Council September 2, 2003 -- Page I Given Janet May representing Mothers Against Drunk Driving recognized Tustin Police Officer Mark Sauerwein. Approved PUBLIC HEARINGS (Agenda Items I through 3) CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) GRANT EXPENDITURE Mayor Worley opened the public hearing at 7:21 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Davert, seconded by Thomas, to approve the CLEEP grant expenditure authorizing usage of funds as recommended by the Police Department. Motion carried 5-0. Introduced Ordinance No. 1279 ORDINANCE NO. 1279 -- DENSITY BONUS ORDINANCE - CODE AMENDMENT 03-005 Mayor Worley opened the public hearing at 7:25 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Davert, seconded by Thomas, to introduce and have first reading by title only of Ordinance No. 1279 amending Tustin City Code Article 9, Chapter 1, governing incentives for the development of affordable housing to comply with the California Legislature's 2002 amendment of Government Code Section 65915 and to make other conforming changes to State law. Motion carried 5-0. Pamela Stoker, City Clerk, read the following Ordinance No. 1279 by title only: 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. Continued to September 15, 2003 CONCEPT PLAN 03-002, VESTING TENTATIVE TRACT MAP 16507, DESIGN REVIEW 03-018, AND CONDITIONAL USE PERMIT 03-016 It was moved by Thomas, seconded by Davert, to continue the public hearing to September 15, 2003, to allow staff sufficient time to complete negotiations on the disposition and development agreement. Motion carried 5-0. Minutes - City Council September 2, 2003 - Page 2 Approved Approved CONSENT CALENDAR (Agenda Items 4 through 11) It was moved by Thomas, seconded by Bone, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. APPROVAL OF MINUTES - AUGUST 18, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of August 18, 2003. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demandsin the amount of $47.00; $108.00; $480,076.61, and $440,102.21 respe~ively and rati~ Payroll in the amount of $477,690.81 Ratified Adopted Resolution No. 03-95 PLANNING COMMISSION ACTION AGENDA -- AUGUST 25, 2003 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of August 25, 2003. DESTRUCTION OF RECORDS - CITY CLERK'S OFFICE Recommendation: Adopt Resolution No. 03-95: A RESOLUTION OF THE CITY COUNCIL' OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF THE CITY CLERK OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS, PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE. Adopted Resolution No. 03-96 DESTRUCTION OF RECORDS - POLICE DEPARTMENT Recommendation: Adopt Resolution No. 03-96: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF THE TUSTIN POLICE DEPARTMENT THAT ARE NO LONGER REQUIRED FOR TUSTIN POLICE DEPARTMENT BUSINESS PURSUANT TO GOVERNMENT CODE SECTION 34090 AND THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE. Minutes -- City Council September 2, 2003 -- Page 3 Approved Approved Approved Adopted Resolution No. 03-97 Dennis Hayden 2014 N. Broadway Santa Aha, CA AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE GRAFFITI REMOVAL PROGRAM Recommendation: Authorize and direct the Community Development Director to adver[ise for bids for the graffiti removal program. 10. USED VEHICLE PURCHASE Recommendation: Authorize the purchase of a 2003 Chevy Trailblazer and a 2003 Buick LeSabre at a total cost of $46,733.42. 11¸. SHORT-LISTING OF DEVELOPERS AS PART OF THE TUSTIN LEGACY MASTER DEVELOPER SELECTION PROCESS Recommendation: Confirm the recommendation of the Technical Evaluation Committee to shod-list the following development teams as qualified to proceed to the interview phase of the Master Developer Selection Process for Tustin Legacy: Tustin Legacy Community Partners, LLC, Lennar MS Legacy, LLC, Forest City, Tustin Field Partners, LLC, and Trammel Crow Company. REGULAR BUSINESS (Agenda Item 12) 12. APPROVAL OF THE RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PARCEL APN 500- 102-01 FOR THE IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (ClP NO. 7118) Attorney representing property owner, stated he had no objection to widening the streets, but objected to the taking of the building for temporary construction easement, and objected to each of the findings. It was moved by Davert, seconded by Thomas, to adopt the following Resolution No. 03-97 by a four- fifths (4/5) vote to acquire by condemnation certain real property interests described below. Assessor Parcel No. CAPN~ Owner Location 500-102-01 Saul Stevens, Trustee 1000-1036 lrvine A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE IRVlNE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROiJECT (ClP 7118) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF. Minutes - City Council September 2, 2003 - Page 4 Motion carried 5-0. Approved None 11. SHORT-LISTING OF DEVELOPERS AS PART OF THE TUSTiN LEGACY MASTER DEVELOPER SELECTION PROCESS Mayor Worley congratulated the five short-listed development teams, and stated that the interviews would be September 10 or 11, and they would be notified. SECOND PUBLIC INPUT Councilmember Davert Councilmember Bone Councilmember Thomas Mayor Pro Tem Kawashima Mayor Worley OTHER BUSINESS - City Manager, City Attorney, City Council · Reported on Orange County Vector Control and concern for West Nile Virus in California; · Congratulated the final developers chosen for the short list of Tustin Legacy master developer process; o Commented on the success of Sound of Music performances in Peppertree Park. o Congratulated developers selected for short list; · Reported on Southern California Association of Governments Joint Finance Committee discussion; · Reported on Orange County Council of Governments 2001 survey results on housing prelerences; · Thanked Doug Anderson for assistance on Red Hill Avenue lane improvements. · Inquired about on-street parking violations and the possibility of recent increased enforcement in the city; · Inquired as to whether the County Clerk has disseminated voting locations in Tustin for the October election; · Welcomed Tustin schools back into session; · Announced upcoming Tiller Days the first weekend in October. o Commented on Tustin schools beginning tomorrow; · Thanked developers for particip;ating in Tustin Legacy and congratulated the final five; · Commented on the library project:; · Inquired on the projec! d compk.~tion date for the Bryan Avenue improvement p;'oject. · Reported complaints still being r~.ceived concerning lack of parking at Cedar Grove Park; · Requested a parking r,eprieve for" Back to School Nights that are scheduled in the coming weeks; · Commented on the master deve!'oper selection process for Tustin Legacy and upcoming irlterview process. ADJOURNMENT -- Mayor Worley adjourned the meeting at 7:53 p.m. The next regular meeting of the City Council was scheduled for Monday', September' 15, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Minutes - City Council September 2, .' '003 - Page 5 OKERU21TY CLERK Minutes - City Council September 2, 2003 - Page 6 MINUTES REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY CITY OF TUSTIN, CALIFORNIA SEPTEMBER 2, 2003 7:53 p.m. Agency Present: Agency Absent: Recording Secretary: Others Present: None CALL TO ORDER ROLL CALL Chair Tracy Wills Worley, Chair Pro Tem Tony Kawashima, Agency Members Lou Bone, Doug Davert and Jeffery M. Thomas None Pamela Stoker William A. Huston, Lois Jeffrey, City Attorney PUBLIC 'INPUT Approved REGULAR BUSINESS (Agenda Items I through 3) 1. APPROVAL OF MINUTES - REGULAR MEETING OF AUGUST 18, 2003 It was moved by Davert, seconded by Bone, to approve the Redevelopment Agency Minutes of August 18, 2003. Motion carried 5-0. Adopted Resolution No. RDA 03-15 APPROVAL OF RELOCATION PLAN FOR TUSTIN BRANCH LIBRARY EXPANSION PROJECT It was moved by Davert, seconded by Thomas, to adopt the following Resolution No. RDA 03-15: A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AND ADOPTING THE RELOCATION PLAN FOR THE TUSTIN BRANCH LIBRARY EXPANSION PROJECT PROPERTY IN THE CITY OF TUSTIN. Motion carried 5-0. Adopted Resolutions No. RDA 03-13 and No. RDA 03-14 APPROVAL OF THE RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF PARCELS APN 401-593-01, APN 401-593-02, APN 401-593-03, AND APN 401-593-04 FOR THE TUSTIN LIBRARY EXPANSION PROJECT Carolyn De Nicola 285 E. Main Street Tustin, CA Spoke regarding property and personal injury. It was moved by Thomas, seconded by Kawashima, to adopt the following Resolutions No. RDA 03-13 and No. RDA 03-14 by a four-fifths (4/5) vote to acquire by condemnation certain real property interests described below; and to appropriate from unappropriated reserves $590,000 from the Town Center Project Fund Minutes -- Redevelopment Agency September 2, 2003 -- Page I None None and $1,086,000 from the Town Center Set-Aside Fund (CIP No. 1045). RDA Assessor Parcel Peso. No. No. ('APN) Owner Location 03-13 401-593-01 ~/alter & Madlyn Emery 280{,284 E. Third 03-13 401-593-03 '~/Valter & Marilyn Emery 330 03-14 401-593-04 Carolyn Louise De Nicola 285 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING AND DIRECTING THE AGENCY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE TUSTIN LIBRARY EXPANSION PROJECT AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF. Motion carried 5-0. OTHER BUSINESS CLOSED SESSION ADJOURNMENT -- Chair Worley adjourned the meeting at 8:19 p.m. The next regular meeting of the Redevelopment Agency was scheduled for Monday, September 15, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. ~F'RACY~.LS WORLE'Y, CHAIR// Minutes - Redevelopment Agency September 2, 2003 - Page 2