HomeMy WebLinkAbout01 MINUTES 01-05-04 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
DECEMBER 1, 2003
Agenda Item 1
Reviewed:
City Manager ~-
Finance Director~N/A
WORK STUDY SESSION - 5:00 P.M.
DEBT FINANCING SEMINAR
City Manager Huston introduced David Taussing of David Taussing & Associates who
would be making a presentation,
Mr. Taussing indicated that he would be reviewing the public financing alternatives for the
Tustin Marine Corps Air Station. There are two types of financing: one-time financing for
backbone infrastructure and public improvements; and annual financing for recurring
fiscal shortfalls. These types of financing are often used in planned communities.
Tax Exempt Bonds have lower interest rates than conventional rates. General Obligation
Bonds; Certificates of Participation; and Tax Increment Financing are also options
available for the Base.
Land Secured Public Debt can either be in the form of an assessment district or a
community facilities district. Benefits to Land Secured Public debt are that the City has
no financing liability. The Bond buyers are secured by having a 3-1 land value-to-lien ratio
when buying this type of bond. There are two types of districts that can be set up, either
construction districts or acquisition districts. Acquisition districts are most common
because the infrastructure is completed before the City acquires land and bonds.
Assessment District fees are collected in property taxes.
Community Facilities District (Mello-Roos) requires two-third votes of property owners;
ballots are weighed based on acreage. There is flexibility in this type of financing in that
any type of service that has a life of five years or more can use this type of financing.
Other flexibility is that it does not have to be based on ad valorem criteria nor based on
benefit.
5:41 p.m. Adjourn to Closed Session
CLOSED SESSION - 6:30 P.M.
Announced
CLOSED SESSION - Mayor Hagen announced the
Council would convene in Closed Session to confer with
the City Attorney pursuant to subdivision (a) of
Government Code Section 54956.9 about pending
litigation to which the City is a party. Natasha Carr vs.
Tustin Police Department (OCSC NO. 03CC01966)
Minutes - City Council December 1,2003 - Page 1
7:00 p.m.
Given
Given
Council Present:
Council Absent:
City Clerk:
Others Present:
None
REGULAR MEETING - 7:00 P.M.
CALL TO ORDER
INVOCATION - Councilmember Bone
PLEDGE OF ALLEGIANCE - Councilmember Davert
ROLL CALL
Mayor Tracy Worley Hagen, Mayor Pro Tem Tony
Kawashima, Councilmembers Lou Bone, Doug Davert
Jeffery M. Thomas
Maria R. Huizar, Chief Deputy City Clerk
Pamela Stoker (absent)
William A. Huston, City Manager; Omar Sandoval,
Assistant City Attorney; and George Jeffries, City
Treasurer
PROCLAMATION
None
FIRST PUBLIC INPUT
Approved Settlement
agreement
Adopted Resolution
Nos. 03-130, 03-131,
03-132 and
Introduced Ordinance
No. 1282
CLOSED SESSION REPORT
PUBLIC HEARING
(Agenda Item 1)
GENERAL PLAN AMENDMENT 03-001, ZONE
CHANGE 03-001, AND TENTATIVE TRACT MAP
16606:14552 NEWPORT AVENUE (THE OLSON
COMPANY)
Mayor Wodey opened the public hearing at 7:01 p.m.
The following member of the audience spoke in
support of General Plan Amendment 03-001' Kerry
Choppin of the Olson Company
There were no other speakers on the subject and the
public hearing was closed at 7:05 p.m.
Councilmember Bone stated he was against General
Plan Amendment 03-001 and Tract Map 16506 due
to parking restraints in that area of the City
Minutes - City Council December 1,2003 - Page 2
It was moved by Davert, seconded by Kawashima, to:
1. Adopt the following resolutions; and:
RESOLUTION NO. 03-130 - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA ADOPTING THE FINAL
MITIGATED NEGATIVE DECLARATION AS
ADEQUATE FOR GENERAL PLAN
AMENDMENT 03-001, ZONE CHANGE 03-001,
AND TENTATIVE TRACT MAP 16506, AS
REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
RESOLUTION NO. 03-131 - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING GENERAL PLAN
AMENDMENT 03-001 AMENDING THE
GENERAL PLAN LAND USE DESIGNATION
FROM PUBLIC INSTITUTIONAL TO HIGH
DENSITY RESIDENTIAL FOR THE 3.23 ACRE
PARCEL SITE LOCATED AT 14552 NEWPORT
AVENUE
RESOLUTION NO. 03-132 - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING TENTATIVE TRACT
MAP 16506 TO SUBDIVIDE AN EXISTING 3.23
ACRE PARCEL LOCATED AT 14552
NEWPORT AVENUE INTO ONE (1)
NUMBERED LOT AND ONE (I) LETTERED
LOT FOR THE PURPOSE OF DEVELOPING
SIXTY-THREE (63) CONDOMINIUM
OWNERSHIP UNITS
2. Introduce and have first reading by title only of
Ordinance No. 1282.
Maria Huizar, Chief Deputy City Clerk, read the
following Ordinance No. 1282 by title only:
ORDINANCE NO. 1282 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING THE ZONING MAP
OF THE CITY OF TUSTIN FOR PARCEL 1 OF
PARCEL MAP NO. 84-1029, A 3.23 ACRE SITE
LOCATED AT 14552 NEWPORT AVENUE,
FROM THE COMMERCIAL GENERAL (CG)
ZONING DISTRICT TO THE MULTIPLE FAMILY
Minutes - City Council December 1,2003 - Page 3
RESIDENTIAL (R-3) ZONING DISTRICT (ZONE
CHANGE 03-001)
Motion carried 3-1, Bone opposed, Thomas absent.
CONSENT CALENDAR
(Agenda Items 2 through 9)
It was moved by Davert, seconded by Kawashima, to
approve the Consent Calendar as recommended by staff.
Motion carried 4-0, Thomas absent.
Approved
APPROVAL OF MINUTES - NOVEMBER 17, 2003
REGULAR MEETING
Recommendation: Approve the City Council Minutes
of November 17, 2003.
Approved
o
APPROVAL OF DEMANDS AND RATIFICATION
OF PAYROLL
Recommendation: Approve Demands in the amount
of $814,677.89 and $762,356.05; reversals in the
amount of $4,808.83 and $1,242.68; and ratify
Payroll in the amount of $491,801.83.
Approved
2004 LOCAL APPOINTMENTS LIST
Recommendation: Approve the 2004 Local
Appointment List for the Planning Commission; Parks
and Recreation Commission; Cultural Resources
Advisory Committee; and the Audit Committee.
Approved
CANCELLATION OF DECEMBER 15, 2003
COUNCIL MEETING
Recommendation: Direct the City Clerk to post a
Notice of Cancellation for the regularly scheduled
Council meeting of December 15, 2003 and that the
City Council hereby waives notice of said meeting as
required by the government code.
Minutes - City Council December 1,2003 - Page 4
Adopted Resolution No.
03-135
COLUMBUS-TUSTIN FACILITY AND BALL FIELD
RENOVATION (PROJECT 2048) RESOLUTION
NO. 03-135; ACCEPTANCE OF PUBLIC
IMPROVEMENTS AND AUTHORIZATION TO FILE
A NOTICE OF COMPLETION
Recommendations:
1. Adopt resolution;
RESOLUTION NO. 03-135 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA ACCEPTING WORKS OF
IMPROVEMENT AND AUTHORIZING
RECORDATION OF NOTICE OF COMPLETION
FOR COLUMBUS TUSTIN FACILITY & BALL
FIELD RENOVATION (PROJECT NO. 2048)
2. Authorize recordation of the Notice of Completion;
and
3. Direct the City Clerk to:
a. Release the Labor and Material Bond no
sooner than thirty-five days after the date of
recordation of the Notice of Completion; and
b. Release the Faithful Performance Bond no
sooner than one year after the date of
recordation of the Notice of Completion.
Approved
CONSULTANT SERVICES AGREEMENT FOR
THE NEWPORT AVENUE EXTENSION/SR-55
RAMP RECONFIGURATION PROJECT (CIP NO.
7130) AND THE EDINGER AVENUE (SMART
STREET) WIDENING PROJECT FROM SR-55 TO
1400 FEET EAST OF RED HILL AVENUE (CIP
NO. 7147) IN THE CITY OF TUSTIN AND FROM
RITCHEY STREET TO SR-55 (CIP NO. 2585) IN
THE CITY OF SANTA ANA
Recommendation: It is recommended that the City
Council approve a Consultant Services Agreement
with the firm of Jacobs Civil, Inc. to provide
construction management services for the Newport
Avenue Extension/SR-55 Ramp Reconfiguration
Project (CIP No. 7130) and the Edinger Avenue
(Smart Street) Widening Project from SR-55 to 1400
Minutes - City Council December 1,2003 - Page 5
feet east of Red Hill Avenue (CIP No. 7147) in the
City of Tustin and from Ritchey Street to SR-55 (CIP
No. 2585) in the City of Santa Ana in the not to
exceed amount of $2,035,000, and authorize the
Mayor and City Clerk to execute the agreement on
behalf of the City subject to approval by the City
Attorney.
Received
2002-2003 ANNUAL
REDEVELOPMENT AGENCY
REPORT
Recommendation: It is recommended the City
Council take the following actions:
1. Receive and File an annual report of housing
activity for 2002-2003; and
2. Direct that a copy of an annual report of housing
activity for 2002-2003 and all reporting
documentation and forms be filed with the State
controller and State Department of Housing and
Community Development.
Approved
ARMSTRONG GARDEN CENTER AGREEMENT
In accordance with Tustin City Code Section 9332,
no final map shall be presented to the City Council
until the applicant has either completed the required
improvements, or entered into an improvement
agreement with the City to do the work.
If the City Council is desirous of assisting Armstrong
Garden Centers in obtaining building permits prior to
recordation of the final map so that they could meet
their timeline for development, staff is recommending
that a covenant agreement be executed by the
Mayor, the property owner, and the applicant in
conjunction with requirement of a cash bond in the
amount of $100,000 to ensure recordation of Final
Parcel Map 2003-131 prior to issuance of a
Certificate of Use and Occupancy; or to allow the City
to demolish the new improvements in the event that
Final Map 2003-131 is not recorded by the applicant
and/or property owner and to ensure that the building
is not constructed over a lot line.
Minutes - City Council December 1, 2003 - Page 6
Following execution of the agreement and submittal
of the bond, the applicant would be able to obtain
grading and building permits, construct
improvements, pass final inspections, and record the
final map prior to receiving a Certificate of
Occupancy.
Recommendation: Execute a covenant agreement by
the Mayor, property owner and the applicant in
conjunction with requirement of a cash bond in the
amount of $100,000.
REGULAR BUSINESS
(Agenda Items 10 and 11)
Adopted Resolution No.
03-136
10.
AMENDMENT TO THE 2001-02 ACTION PLAN
FOR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS
It was moved by Davert, seconded by Kawashima, to
adopt the following Resolution No. 03-136:
RESOLUTION NO. 03-136 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING AMENDMENT TO THE
CITY'S 2001-02 ACTION PLAN FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM BY REALLOCATING $352,164.00 OF
CDBG FUNDS FROM VALENCINARMSTRONG
STREET IMPROVEMENT ACTIVITY TO NEWPORT
AVENUE STREET IMPROVEMENT ACTIVITY AND
AUTHORIZING SUBMISSION OF THE
AMENDMENT TO THE FEDERAL DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
Motion carried 4-0, Thomas absent.
Mayor Pro Tem
Kawashima was
selected as Mayor
11.
MAYOR AND MAYOR PRO TEM SELECTION
It was moved by Hagen, seconded by Davert, to
nominate Mayor Pro Tem Kawashima as Mayor.
Motion carried 4-0, Thomas absent.
Minutes - City Council December 1, 2003 - Page 7
Councilmember Bone
was selected as Mayor
Pro Tem
It was moved by Kawashima, seconded by Davert, to
nominate Councilmember Bone as Mayor Pro Tem.
Motion carried 4-0, Thomas absent.
OTHER BUSINESS - City Manager, City Attorney, City
Council
City Manager Huston:
· Requested meeting be adjourned in memory of Deputy
City Attorney Allan Watts who recently passed away.
Councilmember Davert:
· Announced Dr. Paul Lewanski, from Tustin High School
was named California Teacher of the Year; and
· Wished all happy holidays.
Councilmember Worley Hagen:
· Noted the Vehicle License Fee cutback would impact the
City by $2.6 million;
· Commented on the Transportation Corridor Agency
preparing to merge two boards into one, was in favor of
merging them in order to complete toll road extension
project; and
· Reported Orange County Fire Authority's new
headquarters being built on Jamboree Road; would be
moving to position of Vice Chair next summer.
Mayor Pro Tem Bone:
· Noted that December 17, 2003 was the 100 year
anniversary of power flight; and
· Southern California Association of Governments'
Regional Transportation in Demand Management Group
Committee reported that the percentage of population
that work at home is expected to rise in next few
decades.
Mayor Kawashima:
· Invited all to attend the Tree Lighting ceremony on
Friday, December 5th; and
· Requested a quarterly project report on current
development projects.
Minutes - City Council December 1,2003 - Page 8
ADJOURNMENT - Mayor Kawashima adjourned the meeting at 7:48 p.m. in memory of
Deputy City Attorney Allan Watts. The next regular meeting of the City Council was
scheduled for Monday, January 5, 2004, at 7:00 p.m. in the Council Chamber at 300
Centennial Way.
TRACY WORLEY HAGEN, MAYOR
PAMELA STOKER, CITY CLERK
Minutes - City Council December 1,2003 - Page 9