HomeMy WebLinkAbout03 CC Actn Agnds 9/2,15 10/6/03Report to the
ITEM #3
Planning Commission
DATE:
SUBJECT:
PRESENTATION:
OCTOBER 13, 2003
CITY COUNCIL ACTION AGENDAS
SEPTEMBER 2, SEPTEMBER 15, AND OCTOBER 6, 2003
ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENTS: CITY COUNCIL ACTION AGENDAS
SEPTEMBER 2, SEPTEMBER 15, AND OCTOBER 6, 2003
5:30 pm
All Present
None
Announced
7:00 pm
Given
Given
All Present
None
Given
Given
ACTION AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF TUSTIN
SEPTEMBER 2, 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
CLOSED SESSION - The City Council shall 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.
REGULAR MEETING - 7:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
PROCLAMATION - None
PRESENTATIONS
· Introduction of Linda Demmers, City of Tustin's Library
Consultant
· Mothers Against Drunk Driving Recognize Tustin Police
Officer Mark Sauerwein
FIRST PUBLIC INPUT
Linda Jennings reported on the success of the Sound of
Music performances at Peppertree Park.
Action Agenda - City Council September 2, 2003 - Page 1
Approved 1.
Introduced Ordinance No. 2.
1279
Continued to September 3.
15, 2003
PUBLIC HEARINGS
(Agenda Items 1 through 3)
CALIFORNIA LAW ENFORCEMENT EQUIPMENT
PROGRAM (CLEEP) GRANT EXPENDITURE
In December 2002 the Tustin Police Department
received $26,446.55 in grant funding from the State of
California for use to purchase high-technology
equipment in calendar year 2003.
Recommendation by the Police Department:
1. Open and Close a Public Hearing; and
2. Authorize usage of funds as recommended by the
Police Department.
ORDINANCE NO. 1279
ORDINANCE
CODE AMENDMENT 03-005
- DENSITY BONUS
The proposed Ordinance No. 1279 amends 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.
Recommendation by the Community Development
Department:
1. Open and Close a Public Hearing; and
2. Introduce and have first reading by title only of
Ordinance No. 1279, approving Code Amendment 03-
005, and set for second reading at the City Council's
next scheduled meeting:
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.
CONCEPT PLAN 03-002, VESTING TENTATIVE TRACT
MAP 16507, DESIGN REVIEW 03-018, AND
CONDITIONAL USE PERMIT 03-016
The applicant, John Laing Homes, is requesting approval
to construct 189 residential units within Planning Area 21
of the MCAS Tustin Specific Plan (Tustin Legacy).
Action Agenda - City Council September 2, 2003 - Page 2
Approved
Approved
Ratified
Adopted
03-95
Adopted
03-96
Resolution No. 7.
Resolution No. 8.
Recommendation by the Community Development
Department: Continue the public hearing to September
15, 2003, to allow staff sufficient time to complete
negotiations on the disposition and development
agreement.
CONSENT CALENDAR
(Agenda Items 4 through 11)
APPROVAL OF MINUTES - AUGUST 18, 2003
REGULAR MEETING
Recommendation: Approve the City Council Minutes of
August 18, 2003.
APPROVAL OF DEMANDS AND
PAYROLL
Recommendation:
$47.00; $108.00;
respectively and
$477,690.81.
RATIFICATION OF
Approve Demands in the amount of
$480,076.61, and $440,102.21
ratify Payroll in the amount of
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.
DESTRUCTION OF RECORDS -
DEPARTMENT
Recommendation: AdoptResolution No. 03-96:
POLICE
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
Action Agenda - City Council September 2, 2003 - Page 3
Approved
Approved
Approved
Adopted
03-97
Resolution
10.
11.
No. 12.
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.
AUTHORIZATION TO ADVERTISE FOR BIDS FOR
THE GRAFFITI REMOVAL PROGRAM
Recommendation: Authorize and direct the Community
Development Director to advertise for bids for the graffiti
removal program.
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.
SHORT-LISTING OF DEVELOPERS AS PART OF THE
TUSTIN LEGACY MASTER DEVELOPER SELECTION
PROCESS
Recommendation: Confirm the recommendation of the
Technical Evaluation Committee to short-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)
APPROVAL OF THE RESOLUTION OF NECESSITY
FOR THE ACQUISITION OF PARCEL APN 500-102-01
FOR THE IRVINE BOULEVARD/NEWPORT AVENUE
INTERSECTION ENHANCEMENT PROJECT (CIP NO.
7118)
The proposed resolution will authorize Legal Counsel to
acquire property by condemnation for the Irvine
Boulevard/Newport Avenue Intersection Enhancement
Project.
Recommendation by the
Department/Engineering Division:
Public Works
Adopt Resolution No. 03-97 by a four-fifths (4/5) vote to
acquire by condemnation certain real property interests
described below:
Action Agenda - City Council September 2, 2003 - Page 4
Assessor Parcel
No. (APN) Owner Location
None
Davert
Bone
Thomas
500-102-01
Saul Stevens, Trustee 1000-1036 Irvine Blvd.
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 IRVINE
BOULEVARD/NEWPORT AVENUE INTERSECTION
ENHANCEMENT PROJECT (CIP 7118) AND
DECLARING THE PUBLIC CONVENIENCE AND
NECESSITY THEREOF.
SECOND PUBLIC INPUT
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;
Commented on the success of Sound of Music performances in
Peppertree Park.
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 preferences;
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;
Action Agenda - City Council September 2, 2003 - Page
Kawashima
Wofley
7:53 pm
Announced upcoming Tiller Days the first weekend in October.
Commented on Tustin schools beginning tomorrow;
Thanked developers for participating in Tustin Legacy and
congratulated the final five;
Commented on the library project;
Inquired on the projected completion date for the Bryan Avenue
improvement project.
Reported complaints still being received concerning lack of
parking at Cedar Grove Park;
Requested a parking reprieve for Back to School Nights that are
scheduled in the coming weeks;
Commented on the master developer selection process for
Tustin Legacy and upcoming interview process.
COMMITTEE REPORTS - City Council
ADJOURNMENT - The next regular meeting of the City Council
is scheduled for Monday, September 15, 2003, at 7:00 p.m. in
the Council Chamber at 300 Centennial Way.
Action Agenda - City Council September 2, 2003 - Page 6
7:53 pm
All Present
None
Approved
Adopted
Resolution No.
RDA 03-15
Adopted
Resolution No.
RDA 03-13 and
RDA 03-14
ACTION AGENDA
REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
SEPTEMBER 2, 2003
CALL TO ORDER
ROLL CALL
PUBLIC INPUT
REGULAR BUSINESS
(Agenda Items 1 through 3)
APPROVAL OF MINUTES - REGULAR MEETING OF AUGUST
18, 2003
Recommendation: Approve the Redevelopment Agency Minutes
of August 18, 2003.
APPROVAL OF RELOCATION PLAN FOR TUSTIN BRANCH
LIBRARY EXPANSION PROJECT
Agency approval of the Relocation Plan is requested for the
proposed project located in the Town Center Redevelopment
Project Area.
Recommendation: Adopt Resolution No. RDA03-15:
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.
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
The proposed resolutions will authorize Legal Counsel to acquire
property by condemnation for the Tustin Library Expansion Project.
Action Agenda - Redevelopment Agency September 2, 2003 - Page 1
None
8:19 pm
Recommendation:
1. Adopt each resolution by a four-fifths (4/5) vote to acquire by
condemnation certain real property interests described below:
RDA Assessor Parcel
Resolution No. No. (APN)
03-13 401-593-01
03-13 401-593-02
03-13 401-593-03
03-14 401-593-04
Owner Location
Walter & Marilyn Emery
Walter & Marilyn Emery
Walter & Marilyn Emery
Carolyn Louise De Nicola
280-284 E. Third St.
320-324 S. Proble Dr.
330-332 S. Preble Dr.
285 E. Main St.
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.
Appropriate from unappropriated reserves $590,000 from the Town
Center Project Fund and $1,086,000 from the Town Center Set-Aside
Fund (CIP No. 1045)
OTHER BUSINESS
CLOSED SESSION - None
ADJOURNMENT - The next regular meeting of the Redevelopment
Agency is scheduled for Monday, September 15, 2003, at 7:00 p.m. in the
Council Chamber at 300 Centennial Way.
Action Agenda - Redevelopment Agency September 2, 2003 - Page 2
5:32 pm
All Present
None
Announced
7:00 p.m.
Given
Given
All Present
None
Given
None
ACTION 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
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
PLEDGE OF ALLEGIANCE - Councilmember Doug Davert
INVOCATION - Councilmember Lou Bone
ROLL CALL
CLOSED SESSION REPORT
PROCLAMATION - Fire Prevention Week - Battalion Chief Mike
Rohde, Orange County Fire Authority
PRESENTATION
FIRST PUBLIC INPUT
Terrie Kulpa of Tustin Girls Softball reported on renovation and
Action Agenda - City Council September 15, 2003 - Page 1
usage of the new CT fields; storage and concession stand
concerns; requested mitigation with other users.
Dr. John L. Glavinovich announced that they will be hosting a
benefit game for Tustin High School in which the Chinese Team
will be competing.
BUSINESS CALENDAR
Agenda item taken out of order
Continue consideration of
item to the October 6,
2003 Council Meeting
10.
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).
Recommendation by the Redevelopment Agency staff:
1. Adopt Resolution No. 03-103;
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.
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
Action Agenda - City Council September 15, 2003 - Page 2
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.
PUBLIC HEARING
(Agenda Item 1)
Continue consideration of
item to the October 6,
2003 Council meeting
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
Motioned by Thomas, seconded by Kawashima. Motion
carried unanimously to continue consideration of item to
Action Agenda - City Council September 15, 2003 - Page 3
the October 6, 2003 City Council meeting.
CONSENT CALENDAR
(Agenda Items 2 through 6)
Motioned by Thomas, seconded by Kawashima. Motion carried unanimously to approve
Consent Calendar items.
Approved 2. APPROVAL OF MINUTES - SEPTEMBER 2, 2003
REGULAR MEETING
Recommendation: Approve the City Council Minutes of
September 2, 2003.
Approved 3.
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.
Adopted Resolution No. 4.
03-1 O6
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;
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
Action Agenda - City Council September 15, 2003 - Page 4
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
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.
Approved
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.
Adopted Resolution No.
03-114
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:
1. Adopt Resolution No. 03-114,
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).
2. Authorize the recordation of the Notice of
Completion, and direct the City Clerk to:
A. Release the Labor and Materials Bond not sooner
than thirty-five (35) days after the date of
recordation of the Notice of Completion; and
B. Release the Faithful Performance bond not sooner
Action Agenda - City Council September 15, 2003 - Page 5
than one year after the date of recordation of the
Notice of Completion; and
3. 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 $796,437.64
Adopted Ordinance No.
1279
REGULAR BUSINESS
(Agenda Items 7 through 9)
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.
Motioned by Davert, seconded by Thomas. Motion carried
unanimously.
Approved
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.
Presentation by Dean of Student Services.
Action Agenda - City Council September 15, 2003 - Page 6
Recommendation:
Approve.
Motioned by Thomas, seconded by Kawashima.
4-1 with Bone opposed.
Motion carried
Select the following to
continue consideration:
1. Tustin Legacy
Community Partners;
2. Trammel Crow; and
3. Forest City
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:
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
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.
Motion by Thomas seconded by Bone. Motion carried
unanimously to 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.
Councilmember Davert
SECOND PUBLIC INPUT
Andrew Ha requested update on intersection of El Camino and
Newport.
OTHER BUSINESS - City Manager, City Attorney, City Council
· Selection of developer - thanked Jeff and Tracy for
reviewing developers being considered; thanked all who
Action Agenda - City Council September 15, 2003 - Page 7
Councilmember Bone
Councilmember Thomas
Mayor Pro Tem
Kawashima
Mayor Wodey
7:40 p.m.
competed;
· Tiller Days on October 3~ and 4th'
· Ditto Davert on developer;
· Report on WACO water usage is lowest since 1995;
· Polling places will be compacted - website available to find
polling location;
· League of Cities had workshops on state budget;
· SCAG reported that within a 24 hour period traffic is 20%
workforce, 80 % all others.
· 9th Circuit Court overturned the State Recall Election
decision and is pending possible appeal;
· Tiller Days - route posted on the website is the same as last
year's mute.
· Saturday night Police Chief honored by Village of Hope;
· Freedom Shrine in the hallway - documents important to
American history;
· Echo kudos to committee that reviewed developers for
Tustin Base.
Tiller Days, October 3 and 4;
Creative and innovation found in all of the developers
reviewed - thanked all for participation.
COMMITTEE REPORTS - City Council
ADJOURNMENT - The next regular meeting of the City Council
was scheduled for Monday, October 6, 2003, at 7:00 p.m. in the
Council Chamber at 300 Centennial Way.
Action Agenda - City Council September 15, 2003 - Page 8
REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
ACTION AGENDA
SEPTEMBER 15, 2003
7:40 p.m.
All Present
None
Thomas / Davert
CALL TO ORDER
ROLL CALL
PUBLIC INPUT - Refer to City Council Agenda Second Public
Input
REGULAR BUSINESS
(Agenda Item 1)
7:41 p.m.
1. APPROVAL OF MINUTES - REGULAR MEETING OF
SEPTEMBER 2, 2003
Recommendation: Approve the Redevelopment Agency
Minutes of September 2, 2003.
OTHER BUSINESS
CLOSED SESSION - None
ADJOURNMENT - The next regular meeting of the Redevelopment
Agency was scheduled for Monday, October 6, 2003, at 7:00 p.m.
in the Council Chamber at 300 Centennial Way.
Action Agenda - Redevelopment Agency September 15, 2003 - Page 1
5:30 p.m.
All Present
None
Announced
7:00 p.m.
Given
Given
All Present
None
Presented
None
Arthur Francis
ACTION AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF TUSTIN
OCTOBER 6, 2003
CLOSED SESSION - 5:30 P.M.
PUBLIC SESSION - 7:00 P.M.
CLOSED SESSION
CALL TO ORDER
ROLL CALL
PUBLIC INPUT
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)
REGULAR MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
CLOSED SESSION REPORT
PROCLAMATION - Recognizing November 11th as Veterans
Day presented to Bob Margulies, Dick Calta, and Don
Melcher of the Local American Legion Post 227
PRESENTATIONS
FIRST PUBLIC INPUT
Chamber of Commerce invite to breakfast meeting at Tustin
Ranch Golf Course
*AGENDA ITEM TAKEN OUT OF ORDER - ITEM MUST BE
CONSIDERED BEFORE APPROVAL OF VESTING TENTATIVE TRACT
MAP 16507
Action Agenda - City Council October 6, 2003 - Page 1
Adopted Resolution No.
03-103
17.
REGULAR BUSINESS
(Agenda Item 17)*
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 Pamel 34 at Tustin Legacy (Project).
Motion by Davert seconded by Kawashima. Motion
approved unanimously 5-0.
Recommendations:
1. Adopt Resolution No. 03-103;
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
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 carry out all actions
necessary to implement the DDA including execution
of all related documents including any necessary
lender subordination agreement and, upon
satisfaction of all conditions and obligations of
Developer thereto, to transfer Parcel 34 to the
Developer; and
3. Authorize the waiver of parkland dedication fees for
the 40 affordable housing units in the Project; and
Action Agenda - City Council October 6, 2003 - Page 2
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 based on the City's recent appraisal of the site) 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 (concept plan, design review, and
tentative tract map).
Adopted Resolution
Nos. 03-112 and 03-
113
PUBLIC HEARING
(Agenda Items 1 and 2)
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.
Oral presentation by Community Development Director
Elizabeth Bisneck
Motion by Davert seconded by Thomas. Motion
approved unanimously 5-0.
Recommendation:
1. Open and Close a Public Hearing; and
2. Adopt Resolution No. 03-112:
A RESOLUTION OF THE CITY OF TUSTIN CI'P
COUNCIL FINDING THAT THE MCAS PROGRAk
ENVIRONMENTAL IMPAC'
STATEMENT/ENVIRONMENTAL IMPACT REPOR'
(MCAS TUSTIN PROGRAM EIS/EIR) IS ADEQUATE
TO SERVE AS THE PROJECT EIS/EIR FOF
VESTING TENTATIVE TRACT MAP 16507 AN[
APPLICABLE MITIGATION MEASURES HAVE
BEEN INCORPORATED AS REQUIRED BY THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Action Agenda - City Council October 6, 2003 - Page 3
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
Approved
LOCAL LAW ENFORCEMENT BLOCK GRANT
PROGRAM (LLEBG)
The Omnibus Appropriations Act for fiscal year 1999
(Public Law 105-119) authorizes the Director of the
Bureau of Justice Assistance (BJA) to make funds
available to local government under the Local Law
Enforcement Block Grant (LLEBG) Programs for
reducing crime and improving public safety. The Police
Department proposes to use the 2003-2004 LLEBG
funds to purchase communications equipment,
specialized equipment and weapons for tactical entry
situations, and a video reproduction system to handle
both VHS and DVD applications.
Motion by Kawashima seconded by Thomas. Motion
approved unanimously 5-0.
Recommendations:
1. Open and Close a Public Hearing; and
2. Authorize usage of the funds as recommended by
the Police Department
Approved
CONSENT CALENDAR
(Agenda Items 3 through 16)
Davert and Kawashima abstained on Agenda Item 12
Motion by Thomas seconded by Bone. Motion approved
unanimously 5-0.
3. APPROVAL OF MINUTES - SEPTEMBER 15, 2003
REGULAR MEETING
Recommendation: Approve the City Council Minutes of
September 2, 2003
Action Agenda - City Council October 6, 2003 - Page 4
Ratified
APPROVAL OF DEMANDS AND RATIFICATION OF
PAYROLL
Recommendation: Approve Demands in the amount of
$2,962,385.51; $1,890,000.00; $1,652,722.82; and
$829,245.66; respectively; reversal in the amount of
$126,285.72; and ratify Payroll in the amount of
$470,918.70 and $472,644.21
Approved
CONSIDERATION OF CLAIM OF STEPHEN
BARTZETT (AKA BARTLETT), CLAIM NO. 03-28
Recommendation: After investigation and review by
City Attorney's office and the City's Claims
Administrator, it is recommended that the City Council
deny the claim and direct the City Clerk to send notice
thereof to the claimant and the claimant's attorney.
Adopted Resolution
No. 03-120
RESOLUTION NO. 03-120
Recommendation: Adopt Resolution No. 03-120:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, SUPPORTING A
STATEWlDE BALLOT INITIATIVE TO REQUIRE
VOTER APPROVAL BEFORE STATE
GOVERNMENT MAY TAKE LOCAL TAX FUNDS
Adopted Resolution
No. 03-115
7.
AMEND DEFERRED COMPENSATION PLAN
DOCUMENTS TO ALLOW LOANS TO
PARTICIPANTS AND PERMIT AN ALTERNATE
PAYEE PURSUANT TO A DOMESTIC RELATIONS
ORDER
Amending the U.S. Conference of Mayors (USCM and
also knows as PEBSCO and/or NRS, Nationwide
Retirement Solutions) 457(b) Deferred Compensation
Plan to allow for participant loans and to permit an
alternate payee pursuant to a valid domestic relations
order.
Recommendation: Adopt Resolution No. 03-115:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, TO APPROVE
AMENDMENTS TO THE U.S. CONFERENCE OF
MAYORS 457 DEFERRED COMPENSATION PLAN
DOCUMENTS
Action Agenda - City Council October 6, 2003 - Page 5
Approved
ANIMAL CARE SERVICE AGREEMENT FOR FISCAL
YEAR 2003-2004
Recommendation: Authorize the Mayor to sign the
Animal Care Services agreement with the County of
Orange Health Care Agency for Fiscal Year 2003-
2004 in the amount of $115,884.00
Approved
TRAVEL AND EXPENSE GUIDELINES
Recommendation: That the City Council adopt the
attached Travel and Expense Guidelines and
authorize the City Manager to make less than
substantive changes that may be required from time to
time.
Approved
10.
CONSULTANT SERVICES AGREEMENT FOR
DESIGN OF THE COLUMBUS-TUSTIN WELL
ELECTRICAL PANEL REPLACEMENT (CIP 6152)
Recommendation: It is recommended that the City
Council approve the submitted Consultant Services
Agreement with Boyle Engineering Corporation of
Newport Beach, California, in the amount of
$16,798.00 and authorize the Mayor and City Clerk to
execute the agreement on behalf of the City.
Adopted Resolution
No. 03-117
11.
APPROVAL OF AN AGREEMENT TO PURCHASE
REAL PROPERTY FOR THE IRVINE BOULEVARD
AND NEWPORT AVENUE INTERSECTION
ENHANCEMENT PROJECT (APN NO. 500-101.01,
500-101-02, AND 500-101-04; SAUL STEVENS
TRUSTEE, VIRGINIA MARIE STEVENS, AND
SHIRLEY ANN GRISET) (CIP 7118)
Recommendations:
1. Adopt Resolution No. 03-117:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT
THE ACQUISITION OF A PORTION OF
ASSESSOR'S PARCEL NOS. 500-101-01 (13022-
13024 NEWPORT AVENUE), 500-101-02 (13032
NEWPORT AVENUE), AND 500-101-04 (1021-
1025 IRVINE BOULEVARD WERE
Action Agenda - City Council October 6, 2003 - Page 6
CONSIDERED IN THE FINAL ENVIRONMENTAL
DETERMINATION FOR THE IRVINE
BOULEVARD AND NEWPORT AVENUE
INTERSECTION ENHANCEMENT PROJECT (CIP
NO. 7118) AND APPROVING THE PURCHASE
AGREEMENT
Authorize the Mayor and City Clerk to execute the
Purchase Agreement with the Sellers on behalf of
the City.
Adopted Resolution
No. 03-116
12.
APPROVAL OF AN AGREEMENT REGARDING
REAL PROPERTY AT 15332 DEL AMC AVENUE
(APN NO. 430-253-13: ORANGE COUNTY
TEACHERS FEDERAL CREDIT UNION) FOR THE
NEWPORT AVENUE EXTENSION, STATE ROUTE
55 NORTHBOUND RAMP RECONFIGURATION,
VALENCIA AVENUE AND DEL AMC AVENUE
WIDENING PROJECT- PHASE I (CIP 7130)**
Recommendations:
1. Adopt Resolution No. 03-116
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT
THE PROPOSED VACATION OF DEL AMC
AVENUE ADJACENT TO 15332 DEL AMC
AVENUE (ASSESSOR'S PARCEL NO. 430-253-
13) WAS CONSIDERED IN THE FINAL
ENVIRONMENTAL DETERMINATION FOR THE
NEWPORT AVENUE EXTENSION, STATE
ROUTE 55 NORTHBOUND RAMP
RECONFIGURATION, VALENCIA AVENUE AND
DEL AMC AVENUE WIDENING PROJECT -
PHASE 1, (CIP NO. 7130)AND APPROVING THE
AGREEMENT REGARDING REAL PROPERTY
Authorize the Mayor and the City Clerk to execute
the Agreement Regarding Real Property with the
OCTFCU on behalf of the City.
** Councilmembers Davert and Kawashima abstained
on Agenda Item 12
Approved
13.
CONSULTANT SERVICES AGREEMENT FOR
DESIGN OF THE ZONE 3 AUTOMATE EMERGENCY
INTERCONNECT (CIP 6153)
Action Agenda - City Council October 6, 2003 - Page 7
Recommendation: It is recommended that the City
Council approve the submitted Consultant Services
Agreement with Tetra Tech, Inc. of Irvine, California, in
the amount of $22,100.00 and authorize the Mayor
and City Clerk to execute the agreement on behalf of
the City.
Adopted Resolution
No. 03-119
14.
ADOPTION OF RESOLUTION NO. 03-119
SUPPORTING THE TRITUNNEL EXPRESS
ORANGE COUNTY/RIVERSIDE TRANSIT AND
UTILITY CORRIDOR CONCEPT
Recommendation: Adopt Resolution No. 03-119:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN SUPPORTING THE TRITUNNEL
EXPRESS ORANGE COUNTY/RIVERSIDE TRANSIT
AND UTILITY CORRIDOR CONCEPT
Approved
15.
CONSIDERATION OF A GROUND LEASE WITH
AT&T WIRELESS FOR THE INSTALLATION OF A
CELLULAR COMMUNICATION FACILITY AT THE
TUSTIN SPORTS PARK (12850 ROBINSON DRIVE)
Recommendation: That the City Council authorize the
City Manager to execute the Ground Lease between
the City of Tustin and AT&T Wireless for the
installation of cellular communications and antenna
fixtures on existing standards at the Tustin Sports Park
Approved
16.
AUTHORIZATION FOR CONVEYANCE OF
EXISTING UTILITY SYSTEMS ON MCAS TUSTIN
REUSE PLAN DISPOSAL PARCELS 35, 36, AND 37
Recommendation: Authorize the City Manager or designee
to execute a Bill of Sale between the City of Tustin and
Marble Mountain Partners, LLC ("Developers") for existing
utility systems located on portions of the Moffet Meadows
site (MCAS Tustin Reuse Plan Disposal Parcels 35, 36,
and 37 owned by Developer) and all related documents
subject to approval of said documents and any required
liability agreement(s) as may be determined necessary by
the Assistant City Manager, City Attorney, and City Special
Legal Counsel; upon satisfaction of all contractual
conditions and obligations of Developer under any
necessary document to transfer the utility systems to
Developer.
Action Agenda - City Council October 6, 2003 - Page 8
Approved
18.
REGULAR BUSINESS
(Agenda Item 18)
TUSTIN LEGACY MASTER
SELECTION PROCESS
DEVELQPER
Mayor Woriey and members of the City Council thanked
all of the finalist and noted that it was a difficult decision
because of their outstanding portfolios, visions for the
project, and expertise in the field.
Special thanks to Don Sortarely, City Manager, Bill
Huston; Assistant City Manager, Chris Shingleton; and
the Redevelopment staff.
Recommendation: It is recommended that the City
Council select a specific development team as the
Master Developer for the Tustin Legacy and authorize
staff to execute the Exclusive Agreement to Negotiate
with said development team.
Motion to select Centex-Shea (Tustin Legacy
Community Partners, LLC) as Master Developer
Motion by Thomas seconded by Worley.
approved unanimously 5-0.
Motion
Second Place - Trammel Crow. Motion by Worley
seconded by Davert.
Susan Lundquist addressed the Council and thanked
City staff for all of their hard work over the last 10 years..
None
SECOND PUBLIC INPUT
OTHER BUSINESS
Councilmember Davert:
· Thanked Tiller Days Committee for another successful
event;
· Reminded residents to vote tomorrow on the California
Recall Election;
· Announced that Saturday will be the Fire Station Open
House; and
· Declared that tonight was a monumental night with the
selection of Master Developer for Tustin MCAS Base.
Action Agenda - City Council October 6, 2003 - Page 9
Councilmember Bone:
· Indicated that he is working with Public Works on a
recent Water Report; and
· SCAG released RTP "Regional Transportation Plan" for
public comment. Plan is Important because Federal
Funding is contingent on comments and findings of the
Plan.
Councilmember Thomas: · Encouraged all residents to vote tomorrow;
· Jamboree Road needs work; and
· Announced that Mayor Worley will be getting married
next week and wished her well.
Mayor Pro Tern Kawashima:
· Congratulated Centex-Shea.
Mayor Worley:
· Also congratulated Centex-Shea.
None
7:48 p.m.
COMMITTEE REPORTS
· ADJOURNMENT - The next regular meeting of the City
Council is scheduled for Monday, October 20, 2003, at 7:00
p.m. in the Council Chamber at 300 Centennial Way.
Action Agenda - City Council October 6, 2003 - Page 10
ACTION AGENDA
REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
OCTOBER 6, 2003
7:48 p.m.
All Present
None
CALL TO ORDER
ROLL CALL
PUBLIC INPUT
REGULAR BUSINESS
(Agenda Items 1 and 2)
Motion by Thomas seconded by Davert. Motion approved unanimously.
Approved
APPROVAL OF MINUTES - REGULAR MEETING OF
SEPTEMBER 15, 2003
Recommendation: Approve the Redevelopment Agency
Minutes of September 15, 2003.
Approved
ADDITIONAL APPROPRIATION FOR
ACQUISITION FOR THE TUSTIN
EXPANSION PROJECT
PROPERTY
LIBRARY
Recommendation: It is recommended that the Tustin
Community Redevelopment Agency appropriate an
additional $214,000 from the Town Center Set-Aside
Funds (CIP No. 1045) for a total appropriation of
$1,300,000
None
OTHER BUSINESS
None
CLOSED SESSION
7:48 p.m.
ADJOURNMENT The next regular meeting of the
Redevelopment Agency is scheduled for Monday, October 20,
2003, at 7:00 p.m. in the Council Chamber at 300 Centennial
Way.
Action Agenda - Redevelopment Agency October 6, 2003 - Page 1
ACTION AGENDA
SPECIAL MEETING OF THE
TUSTIN PUBLIC FINANCING AUTHORITY
TUSTIN, CALIFORNIA
OCTOBER 6, 2003
7:49 p.m.
All Present
None
CALL TO ORDER
ROLL CALL
PUBLIC INPUT
Approved
REGULAR BUSINESS
(Agenda Items 1 and 2)
APPROVAL OF MINUTES - SPECIAL MEETING OF
JANUARY 6, 2003
Recommendation: Approve the Tustin Financing Authority
Minutes of January 6, 2003.
Approved
AUTHORIZATION FOR EXCLUSIVE
AGREEMENT EXECUTION FOR
LEGACY MASTER DEVELOPER SITE
NEGOTIATION
THE TUSTIN
The City Council will consider selection of the Tustin
Legacy Master Developer as a result of the Request for
Qualifications process. In the event of such selection,
authorization from the Tustin Public Financing Authority
is also needed for staff execution of an Exclusive
Negotiation Agreement with the selected Master
Developer.
Recommendation: In the event of selection by the Tustin
City Council of the Tustin Legacy Master Developer, it is
recommended that the Tustin Public Financing Authority
also authorize staff to execute the Exclusive Agreement
to Negotiate with said development team.
7:49 p.m.
ADJOURNMENT
Action Agenda - Tustin Public Financing Authority October 6, 2003 - Page 1