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HomeMy WebLinkAbout02 MINUTES 06-07-04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA MAY 17, 2004 Agenda Item 2 Reviewed: t City Manager Finance Director ~ CLOSED SESSION CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Doug Davert, Tracy Worley Hagen, and Jeffery M. Thomas None Maria Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: PUBLIC INPUT - None CLOSED SESSION ITEM A. CONFERENCE WITH REAL PROPERTY Government Code Section 54956.8 NEGOTIATOR pursuant to Propertv: Property is Reuse Plan Disposal Parcels 10, 11, and 12; portion of Parcell-D-4, Tustin Legacy Assistant City Manager and Special Counsel Gilchrist & Rutter Vestar Development II, LLC Price and Terms of Payment Aqencv Neqotiators: Neqotiatinq Parties: Under Neqotiation: PUBLIC MEETING CALL TO ORDER - 7:00 p.m. PLEDGE OF ALLEGIANCE - Councilmember Davert INVOCATION - Mayor Pro Tem Bone City Council Meeting Minutes May 17. 2004 Page 1019 ROLL CALL Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone. Council members Tracy Worley Hagen, Doug Davert, and Jeffery M. Thomas None Pamela Stoker, William A. Huston, City Manager and Lois Jeffrey. City Attorney Absent: City Clerk: Others Present: CLOSED SESSION REPORT - Nothing to report FIRST PUBLIC INPUT - Monte Enright of Armstrong Garden Center addressed the Council and introduced the crew that would be serving Tustin and invited everyone to the ribbon cutting ceremony on June 3rd at 3 p.m. PUBLIC HEARINGS 1. CONSIDER APPROVAL OF RESIDENTIAL AND COMMERCIAL SOLID WASTE RATE ADJUSTMENTS AND ADOPTION OF RESOLUTION NO. 04- 43 PLACING ASSESSMENTS FOR SOLID WASTE COLLECTION ON THE 2004-2005 ORANGE COUNTY PROPERTY TAX ROLL Motion: Continue public hearing item to the June 7, 2004 City Council Meeting. 2. JOINT PUBLIC HEARING OF THE TUSTIN CITY COUNCIL AND TUSTIN COMMUNITY REDEVELOPMENT AGENCY REGARDING IMPLEMENTATION ACTIONS AND ENTITLEMENTS FOR THE PROSPECT VILLAGE PROJECT LOCATED IN OLD TOWN TUSTIN IN THE TOWN CENTER REDEVELOPMENT AREA PROJECT Consider the Prospect Village Project, which includes the demolition of existing buildings and construction of a 9,300 square foot commercial building and twelve (12) live/work units at the northwest corner of Main Street and Prospect Avenue. Legal Notice published in the Tustin News on April 29 and May 6, 2004. . Presentation of Staff Report by Jim Draughon, Redevelopment Manager and Elizabeth Binsack, Community Development Director. . Open and conduct a joint public hearing on the proposed Prospect Village Project. Hearing opened at 7:27 p.m. City Council Meeting Minutes May 17. 2004 Page 2019 Developer John Tillotson described the proposal and his enthusiasm to work with staff and residents to bring project to fruition. The following members of the audience spoke in opposition to the Prospect Village project: Linda Jennings, April Pollock, Darrel Cook, Monique Turner, Julia Faith Orr, Carol Tink Fox, Jeff R. Thompson, Teri Link, W. L. Tadlock, Brent Ferdig, Sharon Jones, and Joyce Miller The following people spoke in favor of the proposed project: Patti Eby, Marisa Charette, James Murtland, Jim Bartolomucci, David W. Bryant, and Jeff Ellis Developer Tillotson addressed concerns raised by members of the public. . The public hearing closed at 8:18 p.m. Staff was directed to prepare responses to questions and issues. . City Council/Redevelopment Agency recessed at 8:19 p.m. and reconvened at 8:36 p.m. . Staff addressed questions posed including responsibilities of Planning Commission and Cultural Resources Commission, incorporation of existing features to proposed project, and fair market value. . Discussion ensued among the City Council/Redevelopment Agency members. The City Council and Redevelopment Agency took the following actions with conditions as noted by Elizabeth Binsack. Community Development Director: Motion: Citv Council Actions: 2.a. Adopt resolutions. RESOLUTION NO. 04-45 - A resolution of the City Council of the City of Tustin, California, certifying the Prospect Village Final Environmental Impact Report as complete and adequate pursuant to the California Environmental Quality Act for Zone Change 03-002, Tentative Tract Map 16481, Design Review 03-012, Conditional Use Permit 03-012, and finding the disposition of property owned by the Tustin Redevelopment Agency in conformance with the General Plan City Council Meeting Minutes May 17. 2004 Page 3 of 9 2.b. 2.c. RESOLUTION NO. 04-46 - A resolution of the City Council of the City of Tustin determining that location, purpose, and extent of the proposed disposition of property at the northwest corner of Main Street and Prospect Avenue conforms with the Tustin General Plan It was moved by Councilmember Thomas, seconded by Councilmember Hagen, to approve item 2.a. Motion carried 5-0. Introduced and read by title only the following ordinance: ORDINANCE NO. 1284 - An ordinance of the City Council of the City of Tustin, California, approving Zone Change 03-002 to amend the Zoning Map of the City of Tustin for a 1.036 acre site located at the northwest corner of Main Street and Prospect Avenue from the Central Commercial and Parking Overlay (C-2-P) Zoning District to Planned Community Zoning District (P-C) and adopt planned community district regulations entitled "Prospect Village Planned Community District Regulations" It was moved by Councilmember Thomas, seconded by Mayor Pro Tem Bone, to approve item 2.b. Motion carried 5-0. Adopt resolutions. RESOLUTION NO. 04-47 - A resolution of the City Council of the City of Tustin approving Tentative Tract Map 16481 to subdivide a 1.035 acre parcel located at the northwest corner of Main Street and Prospect Avenue into thirteen (13) numbered lots and one (1) lettered lot for the purpose of developing a commercial building and twelve (12) live/work units within a planned unit development RESOLUTION NO. 04-48 - A resolution of the City Council of the City of Tustin approving Design Review 03-012 authorizing construction of a 9,300 square foot commercial building and twelve (12) live-work units and site amenities, and a reduction in the number of off-street parking spaces on the property located at the northwest corner of Main Street and Prospect Avenue Amend Resolution No. 04-48 as follows: To commemorate the existing historical buildings, the developer would use reasonable and best efforts to incorporate architecturally distinctive elements of the existing buildings into the project. While reusing elements of the existing buildings would not reduce the impacts associated with the demolition of the existing buildings, it would attempt to incorporate elements of the buildings once found on the site for the future enjoyment of pátrons. The developer would use reasonable and best efforts in incorporating the following elements into the project: City Council Meeting Minutes May 17, 2004 Page 4 of 9 2.d. . Use of the metal cornice of the building at 193-195 E. Main Street within the interior courtyard of the Main Street commercial building. . Use of distinctive features such as the leaded glass and brick from the buildings within the courtyard and/or interior of the Main Street commercial building. . Installation of a painting or photo display of Utt Juice Company manufacturing products on the ground floor public areas of the commercial building, if available. . Installation of a plaque with a description of the site's històry and an enlarged photo or montage of exterior elements of the historic buildings on the ground floor public areas within the Main Street commercial building. RESOLUTION NO. 04-49 - A resolution of the City Council of the City of Tustin approving Conditional Use Permit 03-012 authorizing establishment of on-site alcoholic beverage sales in conjunction with an approximately 3,000 square foot restaurant with 112 seats in an approximately 9,300 square foot commercial building located at the northwest corner of Main Street and Prospect Avenue RESOLUTION NO. 04-41 - A resolution of the City Council of the City of Tustin, California, approving the sale of a 1.036-acre property owned by the Tustin Community Redevelopment Agency located at 191 and 193-195 East Main Street pursuant to Health and Safety Code Section 33433 It was moved by Council member Thomas, seconded by Councilmember Hagen, to approve item 2.c. as amended in Resolution No. 04-48. Motion carried 5-0. Authorize the expenditure of funds for reimbursement of costs for construction of required public improvements in accordance with the terms and conditions in the Disposition and Development Agreement (DDA). It was moved by Council member Thomas, seconded by Councilmember Hagen, to approve item 2.d. Motion carried 5-0. Redevelopment Aqencv Actions: 2.a. Adopt resolutions. RDA RESOLUTION NO. 04-01 - A resolution of the Tustin Community Redevelopment Agency, Tustin, California, accepting the Prospect Village Final Environmental Impact Report as certified by the City Council pursuant to the California Environmental Quality Act, making findings, adopting a statement of overriding considerations and a mitigation monitoring program for the Disposition and Development City Council Meeting Minutes May 17, 2004 Page 5 of 9 Agreement between the Tustin Community Redevelopment Agency and Prospect Village, L.P. RDA RESOLUTION NO. 04-02 - A resolution of the Tustin Community Redevelopment Agency approving a Disposition and Development Agreement for a 1.036-acre property located at 191 and 193-195 East Main Street It was moved by Agency member Thomas, seconded by Agency member Hagen, to approve Redevelopment item 2. Motion carried 5-0. CONSENT CALENDAR Councilmember Hagen pulled Item No.8 for separate action. It was moved by Councilmember Davert seconded by Councilmember Hagen, to approve Consent Calendar items 3 through 7 and items 9 and 10 as recommended by staff. Motion carried 5-0. 3. APPROVAL OF MINUTES -REGULAR MEETING OF MAY 3, 2004 Motion: Approve the Regular City Council Meeting Minutes of May 3, 2004. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amount of $1,673,494.56 and $365,908.24; Reversals in the amount of $10,257.17; and ratify payroll in the amount of $555,047.39 5. ADOPTION OF NEW AND REVISED CLASS SPECIFICATIONS AMENDMENT OF CITY CLASSIFICATION AND COMPENSATION PLANS Motion: Adopt resolution. RESOLUTION 04-52 - A resolution of the City Council of the City of Tustin, California, amending the City's Classification Plan 6. AMENDMENT NO.4 TO AGREEMENT REGARDING RIDES AND CONCESSIONS AT TILLER DAYS Motion: Approve the attached Amendment No.4 to the agreement between the City of Tustin and "0" Entertainment. City Council Meeting Minutes May 17, 2004 Page 6 of 9 7. PIONEER ROAD PARK (PROJECT NO. 2053) RESOLUTION NO. 04-50 ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE NOTICE OF COMPLETION Motion: 7.a. Adopt resolution; RESOLUTION NO. 04-50 - A resolution of the City Council of the City of Tustin, California, accepting works of improvement and authorizing recordation of Notice of Completion for Pioneer Road Park (Project No. 2053) 7.b. Authorize recordation of the Notice of Completion; and 7.c. Direct the City Clerk to (1) Release the Labor and Materials Bond no sooner than 35 days after the date of recordation of the Notice of Completion (2) Release the Faithful Performance Bond no sooner than one year after the date of recordation of the Notice of Completion. 8. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS - CITY COUNCIL CHAMBER RENOVATION (CIP NO. 1039) Councilmember Hagen inquired as to new design of Council Chamber. Motion: Adopt resolution. RESOLUTION 04-42 - A resolution of the City Council of the City of Tustin, California approving plans and specifications for the City Council Chamber Renovation (CIP No. 1039), and authorizing advertisement for bids It was moved by Councilmember Hagen, seconded by Councilmember Thomas, to approve item 8. Motion carried 5-0. 9. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) Motion: Adopt resolution. RESOLUTION NO. 04-44 - a resolution of the City Council of the City of Tustin, California approving plans and specifications for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP No. 7118) and authorizing advertisement for bids City Councii Meeting Minutes May 17, 2004 Page 7 of 9 10. DEMOGRAPHIC PROJECTIONS Motion: Receive and file report. BUSINESS CALENDAR 11. SET INTERVIEW DATE FOR AUDIT COMMITTEE VACANCY Staff is requesting that the City Council set a date and time to conduct interviews to fill a vacancy on the Audit Committee due to the resignation of Steve Kozak. It was moved by Councilmember Davert, seconded by Councilmember Thomas, to extend application process for 30 days. Motion carried 5-0. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Councilmember Davert: Discussed Cultural Resources Advisory Committee, Certified Local Government, and Historic Overlay District duties and responsibilities. Councilmember Thomas: . Commended the Dedication of War Memorial in Washington D.C. and wished all Veterans a great Memorial Day. Councilmember Hagen: Reported tennis courts required minor maintenance; . Announced that the Transportation Corridor Agency had voted against merging the San Joaquin and Foothill Eastern Toll roads; and . Orange County Fire Authority withdrew petition to place on ballot the sharing of Proposition 172 funds. Mayor Pro Tem Bone: . Attended Prayer Breakfast held on Friday morning with Councilman Davert; . Noted he had discussed group homes with Police Chief Foster, Assemblyman Todd Spitzer, and the League of Cities; and . Attended Salvation Army Spirit Award with Supervisor Campbell where Don Gilcrest was awarded William Booth Spirit Award for Community Service. Mayor Kawashima: . Announced the grand opening of Pioneer Park on May 2ih; . Reminded everyone the Street Fair would be held on June 6th; . Noted the Teacher of the Year banquet would be on May 19th; and . Announced that he had attended John Laing Homes' preview of model homes. City Council Meeting Minutes May 17, 2004 Page 8 of 9 ADJOURNMENT - 9:21 p.m. - The next regular meeting of the City Council was scheduled for Monday, June 7, 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 May 17, 2004 Page90f9