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Home My WebLink AboutCC MINUTES 2003 12 01MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL TUSTIN, CALIFORNIA DECEMBER 1, 2003 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) 7:00 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: 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 Minutes - City Council December 1,2003 - Page 1 None 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 16506:14552 NEWPORT AVENUE (THE OLSON COMPANY) Mayor Worley 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 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 Minutes - City Council December 1,2003 - Page 2 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 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 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 3 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 (ClP 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 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: Minutes - City Council December 1, 2003 - Page 4 Receive and File an annual report of housing activity for 2002-2003; and 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. 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 RF__.ALLOCATING $352,164.00 OF CDBG FUNDS FROM VALENCINARMSTRONG Minutes - City Council December 1,2003 - Page 5 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. 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 6 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. ~¢/'~- ~//~.~ ~/?~--PAMELA STOKER, CITY C~eRk Minutes - City Council December 1,2003 - Page 7