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HomeMy WebLinkAbout01 MINUTES 03-01-04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CA Agenda Item Reviewed: City Manager ~ Finance Director N/A FEBRUARY 17, 2004 CLOSED SESSION CALL TO ORDER - 6:37 p.m. ATTENDANCE Present: Absent: City Clerk: Others Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Doug Davert, Tracy Worley Hagen, and Jeffery M. Thomas None Chief Deputy City Clerk Maria Huizar William A. Huston, City Manager and Lois Jeffrey, City Attorney CLOSED SESSION ITEM CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to subdivision (a) of Government Code Section 54956.9 - City of Tustin vs. SBC, et. al; OCSC No. 03CC06174 A. PUBLIC MEETING CALL TO ORDER - 7:02 p.m. ROLL CALL Present: Absent: City Clerk: Others Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Tracy Worley Hagen, Doug Davert, and Jeffery M. Thomas None Pamela Stoker William A. Huston, City Manager; Lois Jeffrey, City Attorney; and George Jeffries, City Treasurer PLEDGE OF ALLEGIANCE - Councilmember Hagen City Council Meeting Minutes February 17, 2004 Page 1 of 7 INVOCATION - Mayor Pro Tem Bone PROCLAMATIONS - None PRESENTATIONS - Don Ropele, Tustin Pride Committee Chair, "State of the Pride" highlighted Committee's past achievements and thanked Council and City staff for support Orange County Board of Supervisor Bill Campbell, presented new electronic voting equipment; announced that Wednesday, February 18th the Tustin Area Senior Center would have voting equipment available for viewing; and early voting was available through February 26th at Main Place Mall. CLOSED SESSION REPORT - Approve settlement pursuant to subdivision (a) of Government Code Section 54956.9 - City of Tustin vs. SBC, et. al; OCSC No. 03CC06174 in the amount of $225,000 FIRST PUBLIC INPUT - Joseph Vanderhoff, Serenity Recovery Center, reported that he was working with City staff to conform with all City Codes. Shawn Chamberlain, read letter from resident in support of Serenity Recovery Center PUBLIC HEARING 1. ACCEPTING SUPPLEMENTAL LAW ENFORCEMENT SERVICE GRANT FUNDS (SLESF) In 1996, California Assembly Bills 3229 established the Citizen's Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) grant program. Proceeds from the grant program must be used for front line law enforcement services that may include the purchase of new equipment, hiring of additional personnel and increasing the opportunity for training of safety personnel. A public hearing is required for the acceptance and allocation of Supplemental Law Enforcement grant funds. The 2004 allocation is in the amount of $103,976.15. Legal Notice published in the Tustin News on February 5 and 12,2004 Police Chief Foster presented report to Council. Motion: 1.a. Open and close a Public Hearing; 1.b. Accept $103,976.12 in COPS/SLESF grant funds and appropriate same to City Council Meeting Minutes February 17, 2004 Page 2 of 7 front-line law enforcement fund; 1.c. Authorize partial allocation in the amount of $65,000 to purchase a Commercial Enforcement Vehicle to be assigned to the Traffic Section of the Police Department; and 1.d. Authorize the remainder funds be used to partially fund the City's Gang Unit, also assigned to the Police Department. Mayor Kawashima opened the public hearing at 7:38 p.m. There were no speakers on the subject and the public hearing was closed at 7:38 p.m. It was moved by Councilmember Thomas, seconded by Councilmember Davert, to approve. Motion carried 5-0. CONSENT CALENDAR It was moved by Councilmember Thomas, seconded by Councilmember Davert, to approve Consent Calendar items 2 through 12 as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES - FEBRUARY 2,2004 REGULAR MEETING Motion: Approve the City Council Minutes of February 2, 2004. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amount of $1,019,515.06 and $680,571.41; reversals in the amount of $4,479.18; and ratify Payroll in the amount of $457,512.18 4. LIABILITY CLAIMS SETTLEMENT AUTHORITY Motion: Adopt resolution. RESOLUTION NO. 04-24 - A resolution of the City Council of the City of Tustin, California, clarifying the authority of the City Manager, the City Attorney, the Finance Director, and the City Council to settle general and automobile liability claims 5. RESOLUTIONS FOR SUPERVISORY EMPLOYEES, AND FOR MANAGEMENT AND EXECUTIVE MANAGEMENT City Council Meeting Minutes February 17, 2004 Page 3 of 7 Motion: Adopt resolutions. 5.a. RESOLUTION NO. 04-22 - A resolution of the City Council of the City of Tustin, California relating to compensation and benefits for unrepresented Supervisory employees, and superseding Resolution 02-109 5.b. RESOLUTION NO. 04-23 - A resolution of the City Council of the City of Tustin, California relating to compensation and benefits for unrepresented Executive Management and Management Employees, and superseding Resolution 02-18 6. ADOPTION OF NEW AND REVISED CLASS SPECIFICATIONS Motion: Adopt new and/or revised specifications for the classifications of Police Support Services Administrator, Police Support Services Manager, Property and Evidence Supervisor, Police Records Supervisor, Police Communications Supervisor, and Water Construction and Maintenance Supervisor. 7. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES FOR THE MCAS TUSTIN LEGACY PARK PHASE I MASTER PLAN Motion: Authorize the Mayor and City Clerk to execute a Consultant Services Agreement with the firm Purkis Rose-RSI for the Tustin Legacy Phase I Master Plan in an amount not to exceed $92,470. 8. SURPLUS EQUIPMENT SALES REPORT Motion: Receive and file report. 9. SUPPORT OF THE ORANGE COUNTY SANITATION DISTRICT FATS, OILS AND GREASE CONTROL STUDY PHASE II Motion: Authorize the expenditure of $7,223 from the Public Works Department Fiscal Year 2003-2004 Operating in Phase II of the OCSD FOG Control Study. 10. AUTHORIZATION FOR PROFESSIONAL BUILDING PLAN REVIEW AND INSPECTION SERVICES, GRADING, AND PRIVATE IMPROVEMENT PLAN REVIEW AND INSPECTION SERVICES, VQMP REVIEW SERVICES AND PLANNING SERVICES Motion: Approve the consultant services agreement with the companies of Scott Fazekas & Associates, Inc. CSG Consultants Inc., Willdan, P & D Consultants City Council Meeting Minutes February 17, 2004 Page 4 of 7 Inc., and Berryman & Henigar and authorize the Community Development Director to execute said agreement subject to final approval of the contract by the City Attorney's office. 11. REVISIONS TO FEE RESOLUTION NO. 99-53 Motion: Adopt resolution. RESOLUTION NO. 04-26 - A resolution of the City Council of the City of Tustin, California, establishing a revised schedule for Planning Fees and Service Charges within the Planning Division of the Community Development Department 12. ENVIRONMENTAL INSURANCE FOR THE NEWPORT AVENUE EXTENSION, SR-55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DELAMO AVENUE WIDENING PROJECT, PHASE I (CIP NO. 7130) Motion: Authorize City staff to bind environmental insurance coverage from Indian Insurance Company for property to be acquired from AAE Pacific Park Associates, LLC and from the State of California, subject to City Attorney approval of all carrier policy terms and conditions. BUSINESS CALENDAR (Agenda Items 13 and 14) 13. ADOPT ORDINANCE AMENDING THE TUSTIN CITY CODE PERTAINING TO THE PARKS AND RECREATION COMMISSION It was moved by Councilmember Thomas, seconded by Councilmember Davert, to have second reading by title only and adoption of Ordinance No. 1283. Pamela Stoker, City Clerk, read the following Ordinance No. 1283 by title only: ORDINANCE NO. 1283 - An ordinance of the City Council of the City of Tustin, California, amending sections of the Tustin City Code pertaining to the Parks and Recreation Commission Motion carried 5-0 (roll call vote). 14. FISCAL YEAR 2003-2004 MID YEAR BUDGET REVIEW This item is a review of the City's first six months of operations under the adopted FY 2003-04 Budget, and projected revenues and expenditures through year end. City Council Meeting Minutes February 17, 2004 Page 5 of 7 Finance Director Nault presented staff report to Council. It was moved by Councilmember Hagen, seconded by Councilmember Thomas, to approve adjustments to the authorized FY 2003-04 Budget as recommended by Director of Finance. 14.a. Approve a supplemental appropriation of $150,000 from the Unappropriated Reserve of the Water Capital Projects Fund for Prospect Avenue Water Main Replacement Project, CIP No. 6151. The increase is required to cover the increased construction costs for this pipeline replacement project; 14.b. Approve a supplemental appropriation of $35,000 from the Unappropriated Reserve of the Water Capital Projects Fund for the Columbus Tustin Well Electrical Panel Replacement Project, CIP No. 6152. The increase is required to cover the increased scope of work for this electrical panel and control equipment replacement project; 14.c. Approve a supplemental appropriation of $250,000 from the Unappropriated Reserve of the Gas Tax Fund for Jamboree Median Barrier Installation, CIP No. 7162. The increase will cover the construction contract bid price received, construction contingencies, and construction management including testing, inspection and oversight; and 14.d. Approve a supplemental appropriation of $1,000,000 from the unappropriated reserves of the General Fund to transfer to the Liability Fund. Motion carried 5-0. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Councilmember Davert: . Toured Beckman High School; . Thanked staff and master developer for presentation on the Tustin Legacy project; . Encouraged everyone to vote on March 2, 2004; and . Announced that Mayor Kawashima appeared on "Tustin City View". Councilmember Thomas: . Thanked staff for diligent work on Tustin Legacy project. Mayor Pro Tem Bone: . Commented on the beautiful and state-of-the-art new Beckman High School; City Council Meeting Minutes February 17, 2004 Page 6 of 7 . Remarked the Tustin Legacy project began in 1992, and new homes were currently being built; . Informed everyone Patty Estrella of City Manager's Office was the Legislative Contact for the League of Cities; and . Reported on Water Advisory Committee of Orange County meeting, participated in a 3 day inspection tour of Imperial and Cochella Valleys and Hoover Dam, the Dam was down 30-40 feet below normal; and encouraged everyone to conserve water. Councilmember Hagen: . Transportation Corridor Agency Committee: would be voting next Thursday on whether to merge toll roads, was inclined to vote in opposition of merger; and . Orange County Fire Authority: informed the board that the new "Fire Authority Way" street sign on Jamboree is out of proportion with the "Tustin Ranch Road" sign and they would contact City staff to correct it. Mayor Kawashima: . Mentioned the Tustin Legacy presentation demonstrated the Council's vision of creating a pedestrian-friendly neighborhood through interconnecting greenways; and . Presented slideshow of ongoing projects including Beckman High School; Annual Valentine Event at Senior Center sponsored by Rotary Club; John Laing Homes; and Pioneer Road Park whose dedication is scheduled for May 27,2004. ADJOURNMENT - 8:04 p.m. - The next regular meeting of the City Council was scheduled for March 1, 2004, at 7:00 p.m. in the Council Chamber at 300 Centennial Way, Tustin. TONY KAWASHIMA, Mayor PAMELA STOKER, City Clerk City Council Meeting Minutes February 17, 2004 Page 7 of 7 SPECIAL MEETING MINUTES OF THE CITY COUNCIL TUSTIN, CALIFORNIA FEBRUARY 17, 2004 CALL TO ORDER - 5:00 P.M. ATTENDANCE Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Doug Davert, Tracy Worley Hagen, and Jeffery M. Thomas None Chief Deputy City Clerk Maria Huizar William A. Huston, City Manager; Christine A. Shingleton, Assistant City Manager; Lois Jeffrey, City Attorney; Susan Lindquist, Centex Homes, Richard Douglas, Centex Homes and Bradley Pontioos of Shea Properties Absent: City Clerk: Others Present: PUBLIC INPUT - None TUSTIN LEGACY- A PROGRESS REPORT ON THE MASTER DEVELOPER PLANNING & NEGOTIATION PROCESS INCLUDING A PRESENTATION ON PRELIMINARY FRAMEWORK DEVELOPMENT PLANS Consultant Team consist of ROMA Design Group, JBZ Architecture + Planning, MBH Architects, RBF Consulting, Land Concern Ltd., Stearns Architecture, Dahlin Group, Hunsaker & Associates, and The Concord Group 1. REVIEW OF MASTER DEVELOPER PLANNING AND NEGOTIATION TASKS AND SCHEDULE, The following process/tasks were discussed: 1. Preliminary Master Development Plan; 2. Refine Master Development Plan and Define Infrastructure Plan; 3. Formulate Business Plan; 4. Exclusive Negotiation Agreement; 5. Negotiate Term Sheet; 6. Negotiate Development and Disposition Agreement; and 7. Implementation: - Phased land sales and - Entitlement, environmental and development. No action required or taken. City Council Special Meeting Minutes February 17, 2004 Page 1 of 4 2. PROGRESS REVIEW OF REGIONAL MARKETING STUDY Commercial and residential phasing methodology - drivers of development are employment and population growth. Residential (segment product, pricing, and supply constraints), Office/Business Park (segmentation, corporate users, and attractive land plan), and Retail/Other Commercial (synergy of uses, and internal growth). Tustin Legacy project has potential of capturing 20% of market in the areas of office, business park, and residential sales and rentals. No action required or taken. 3. REVIEW OF GOLF COURSE MARKETING STUDY Originally proposed - high quality, privately operated, publicly accessible, affordable pricing structure. Findings for golf course include: a. Orange County golf course market has softened considerably in past three years; b. Softness due to (1) sluggish economy (2) substantial overbuilding of golf course inventory, (3) leveling-off of participation rates; c. Southern California golf statistics last three years: increase of 37 courses, or 24 percent expansion. Orange County: 8 public courses were added, an increase of 40 percent; d. Market conclusion: Insufficient demand in the near and mid-term to support an additional high-end daily fee golf course; e. Pro forma: Affordable $40-$60 green fees would fund operating expenses but would not amortize the cost of development, and any underlying land value; f. At $24.35 million projected cost, overall return on investment is in the range of 4% to 6%, well below the required 10%-12%; and g. Tustin residents would account for 30% of annual rounds; balance of play derived from other Orange County residents. Motion: General consensus that any future refinements to Specific Plan may necessitate further discussion. Approved 5-0. 4. OVERVIEW OF PRELIMINARY CIRCULATION, OPEN SPACE AND LAND USE FRAMEWORK DEVELOPMENT PLANS The Tustin Legacy Land UseNisioning Team has worked collaboratively, creating, testing, and developing consensus on the Framework Plans. The following are features of each Plan: Preliminary Circulation Framework Plan City Council Special Meeting Minutes February 17, 2004 Page 2 of 4 . Conforms to the Specific Plan / EIS; . Tustin Ranch Road, while maintaining the original alignment and level of service, has been designed as a parkway with expanded landscape areas and setbacks to create a strong sense of arrival; and . Grade separated crossings are proposed at Warner and Tustin Ranch Roads so that one may use the linear park system without crossing a major roadway. Preliminary Open Space Framework Plan . Golf Course open space has been replaced with a dynamic, connective Community Open Space System that provides amenities, recreation, activities, and open space for the residents of Tustin Legacy and the City of Tustin; . The Plan includes a large community park, linear park, neighborhood parks, buffer areas, and natural retention areas; . The Community Open Space program would include an activity center which could include an aquatic facility and a recreation/tennis facility; . The Community Linear Park (also referred to as the "Emerald Necklace") is intended to be a diverse system of open space providing linkages to the neighborhoods; and . A dual-function, open space edge is proposed to create a strong community identity and provide for detention/water quality needs. Points of the Preliminary Land Use Framework Plan . Project Program does not increase overall traffic counts; . Overall SF of non-residential program does not exceed Specific Plan / EIR; . Average residential density for Neighborhood G has been reduced from 9 du/ac to 6 du/ac; . The Elementary School has been relocated, central to the Neighborhood as an educational and recreation focus along with the neighborhood park; . Portions of the Community Core uses located in Neighborhood D have been included in Neighborhood E to activate and maximize the potential value associated with the Business/Employment uses; . The Commercial/Business program has been designed to be complimentary to the Vestar sub-regional commercial; . All School District boundaries and impacts have been adhered to; and . A limited amount of residential is proposed in Neighborhood E (within the Tustin Unified School District boundary) to maximize the value and flexibility of the Business/Commercial uses. Motion: Approved the following: 4.a. Preliminary Circulation Framework. 4.b. Preliminary Open Space Framework, subject to future refinements as necessary and any future necessary Specific Plan amendments; including water features in open space and incorporate wide paseos to make area pedestrian friendly. City Council Special Meeting Minutes February 17, 2004 Page 3 of 4 4.c. Preliminary Land Use Framework, subject to future refinements as necessary and any future necessary Specific Plan amendments, including the following specific features: . Redefine Golf Village (Neighborhood G) as the Tustin Legacy Residential Core, providing community open space and recreational amenities to replace the Specific Plan's originally proposed golf course. . Transfer of 280 dwelling units not built on the John Laing Homes sites (Planning Areas 20 and 21) to west of Jamboree within the Planning Area 15 portion of Neighborhood G and also only within the boundaries of the Irvine Unified School District boundaries. . Locate the Tustin Unified School District elementary school central within Neighborhood G. . Locate a portion of Village Services from Neighborhood B to Neighborhood G. . Transfer 150 dwelling units from the Community Core land use portion of Neighborhood D to Neighborhood E. Items carried 5-0. Councilmember Davert thanked all involved for progress to-date and allowing Council's input on project. Mayor Kawashima stated that staff is following General Plan and is pleased with project. SECOND PUBLIC INPUT - Francine Scinto, Tustin Unified School District Vice President of the Board and Lynn Davis, Tustin Unified School District Board member addressed the council regarding concerns over division of school boundaries; joint use of city parks for athletic activities; and announced that school district has not received funding confirmation for proposed elementary and high schools. Bill Hammerly and Brett Floyd addressed the Council on project. ADJOURNMENT- 6:37 p.m. TONY KAWASHIMA, Mayor PAMELA STOKER, City Clerk City Council Special Meeting Minutes February 17, 2004 Page 4 of 4