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Home My WebLink AboutCC MINUTES 2003 10 06 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA OCTOBER 6, 2003 5:30 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced CLOSED SESSION CALL TO ORDER ROLL CALL Mayor Tracy Wills Wodey, Mayor Pro Tem Tony Kawashima, Councilmembers Lou Bone, Doug Davert and Jeffery M. Thomas None Maria R. Huizar, Chief Deputy City Clerk 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 pending litigation to which the City is a party, Herold vs. City of Tustin, USDC Case No. CV02-9723 RGK (SHx) 7:00 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: None Presented None Arthur Francis 1131 E. Main Street, #103 Tustin, CA REGULAR MEETING CALL TO ORDER INVOCATION - Councilmember Bone PLEDGE OF ALLEGIANCE - Boy Scout Troop 1518 ROLL CALL Mayor Tracy Wills Worley, Mayor Pro Tern Tony Kawashima, Councilmembers Lou Bone, Doug Davert and Jeffen/M. Thomas None Pamela Stoker William A. Huston, City Manager; Lois Jeffrey, City Attorney 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 As the Chamber of Commerce Acting President invited community and City Council to the October Chamber Breakfast Meeting at the Tustin Ranch Goff Course. *AGENDA ITEM TAKEN OUT OF ORDER - ITEM MUST BE CONSIDERED BEFORE APPROVAL OF VESTING TENTATIVE TRACT MAP 16507 Minutes - City Council October 6, 2003 - Page 1 dopted Resolution No. 03-103 17. REGULAR BUSINESS (Agenda Item 17)* TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT (DDA 03-03) FOR PARCEL 34* It was moved by Davert, seconded by Thomas, to: 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 pdor 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 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 previsions of DDA 03-03 and conditions of all discretionary entitlements for the Project (concept plan, design review, and tentative tract map). Motion carried 5-0. Adopted Resolution Nos. 03-112 and 03-113 PUBLIC HEARING (Agenda Items 1 and 2) 1. VESTING TENTATIVE TRACT MAP 16507 Mayor Wodey opened the public hearing at 7:10 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Davert, seconded by Thomas, to: 1. Adopt Resolution No. 03-112: Minutes - City Council October 6, 2003 - Page 2 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 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 Motion carried 5-0. Approved LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM (LLEBG) Mayor Worley opened the public hearing at 7:12 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Davert, seconded by Thomas, to authorize usage of the funds as recommended by the Police Department, Motion carded 5-0. Approved CONSENT CALENDAR (Agenda Items 3 through 16) Davert and Kawashima abstained on Agenda Item 12 It was moved by Thomas, seconded by Bone to approve all of the Consent Calendar items as recommended by staff. Motion carried 5-0, 3. APPROVAL OF MINUTES - SEPTEMBER 15, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of September 2, 2003 Ratified 4. 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 5. CONSIDERATION OF CLAIM OF STEPHEN BARTZETT (AKA BARTLETT), CLAIM NO, 03-28 Minutes - City Council October 6, 2003 - Page 3 dopted Resolution No. 03-120 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. 6. RESOLUTION NO. 03-120 Recommendation; Adopt Resolution No. 03-120: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS Adopted Resolution No. 03-115 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 Approved 8. 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 9. 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 8152) 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. Minutes - City Council October 6, 2003 - Page 4 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 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 AMO AVENUE (APN NO. 430- 253-13: ORANGE COUNTY TEACHERS FEDERAL CREDIT UNION) FOR THE NEVVPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT - PHASE I (ClP 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 AMO AVENUE ADJACENT TO 15332 DEL AMO 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 AMO AVENUE WIDENING PROJECT - PHASE 1, (ClP 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. ** Councilmembem Davert and Kawashima abstained on Agenda Item 12 Approved 13. CONSULTANT SERVICES AGREEMENT FOR DESIGN OF THE ZONE 3 AUTOMATE EMERGENCY INTERCONNECT (CIP 6153) Minutes - City Council October 6, 2003 - Page 5 dopted Resolution No. 03-119 Approved Approved 14. 15. 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. 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 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 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. Approved REGULAR BUSINESS (Agenda Item 18) 18. TUSTIN LEGACY MASTER DEVELOPER SELECTION PROCESS Mayor Wodey and members of the City Council thanked all of the finalists and noted that it was a difficult decision because of their outstanding portfolios, visions for the project area, and expertise in the field. Special thanks to former Mayor Don Saltarelli, City Manager, Bill Huston; Assistant City Manager, Chris Shingleton; and the Redevelopment staff. Minutes - City Council October 6, 2003 - Page 6 one It was moved by Thomas, seconded by Wodey, to select Centex-Shea (Tustin Legacy Community Partners, LLC) as Master Developer. Motion carried 5-0. It was moved by Worley, seconded by Davert, to select Trammel Crow Company, in second place for Master Developer. Motion carded 5-0. Susan Lundquist addressed the Council and thanked City staff for all of their hard work over the last 10 years. SECOND PUBLICINPUT Councilmember Davert Councilmember Bone Councilmember Thomas OTHER BUSINESS · 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. 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. · 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 COMMITTEE REPORTS ADJOURNMENT - Mayor Worley adjourned the meeting at 7:48 p.m, The next regular meeting of the City Council was scheduled for Monday, October 20, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. T~ILLS WORLEY, MAYOR PAMELA STOKER, CITY CLERK Minutes - City Council October 6, 2003 - Page 7