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Home My WebLink About00 AGENDA 07-19-04 CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL MONDAY, JULY 19, 2004 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Lou Bone, Mayor Pro Tem Doug Davert, Councilmember Tracy Worley Hagen, Councilmember Jeffery Thomas, Councilmember Tony Kawashima, Mayor William A. Huston, City Manager Lois Jeffrey, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION 5:30 p.m. The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The following item was received for the July 19, 2004 meeting of the City Council: (Agenda Item A) CALL TO ORDER ROLL CALL PUBLIC INPUT - Member of the-public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEM A. CONFERENCE WITH REAL PROPERTY Government Code Section 54956.8 NEGOTIATOR pursuant to Property: Property is Reuse Plan Disposal Parcels 1O, 11, and 12; portion of Parcell-D-4, Tustin Legacy City NeQotiators: Christine Shingleton, Assistant City Manager and Amy Freilich, Special Legal Counsel NeQotiator for Vestar Development II. LLC: Richard Kuhle Under NeQotiation: Price and Terms of Payment City Council Meeting Agenda July 19, 2004 Page 1 of 7 PUBLIC MEETING 7:00 P.M. "'-' *"" . , .... .." CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL CLOSED SESSION REPORT FIRST PUBLIC INPUT PUBLIC HEARING A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Items 1 and 2) 1. REQUEST FOR CONTINUANCE - VESTING TENTATIVE TRACT MAP 16695 (VESTAR DEVELOPMENT) Recommendation: Continue consideration of matter to the August 2, 2004 Council meeting. 2. HOLD A SPECIAL ELECTION FOR CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 04-1 (TUSTIN LEGACY/JOHN LAING HOMES) AND ADOPT VARIOUS RESOLUTIONS AND AN ORDINANCE FORMING THE DISTRICT Recommendations: 2.a. Open a public hearing to hear presentations by staff and consultants and hear questions and comments from audience; 2.b. Adopt resolutions; City Council Meeting Agenda July 19, 2004 Page 2 of 7 RESOLUTION NO. 04-67 - A resolution of the City Council of the City of Tustin, California, of formation of City of Tustin Community Facilities District No. 04-1 (Tustin Legacy/John Laing Homes), authorizing the levy of a special tax within the District and establishing an appropriations limit for the District RESOLUTION NO. 04-68 - A resolution of the City Council of the City of Tustin, California, deeming it necessary to incur bonded indebtedness within City of Tustin Community Facilities District No. 04-1 (Tustin Legacy/John Laing Homes) RESOLUTION NO. 04-69 - A resolution of the City Council of the City of Tustin, California, Calling Special Election for City of Tustin Community Facilities District No. 04-1 (Tustin Legacy/John Laing Homes) 2.c. Direct the City Clerk to open ballots and announce the results of the election; 2.d. Adopt resolution; RESOLUTION NO. 04-70 - A resolution of the City Council of the City of Tustin, California, declaring results of Special Election and directing recording of Notice of Special Tax Lien 2.e. Introduce and have first reading by title only of the following Ordinance: ORDINANCE NO. 1286 - An ordinance of the City of Tustin, California, levying special taxes within the City of Tustin Community Facilities District No. 04-1 (Tustin Legacy/John Laing Homes) 2.f. Receive and file the Community Facilities District Report dated July 8, 2004 CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 3 through 11) 3. APPROVAL OF MINUTES - REGULAR MEETING OF JULY 6,2004 Recommendation: Approve the Regular City Council Meeting Minutes of July 6, 2004. City Council Meeting Agenda July 19, 2004 Page 3 of 7 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,025,308.04 and $371.18; reversals in the amount of $230.00; and ratify payroll in the amount of $523,779.52 5. QUARTERLY INVESTMENT REPORT Recommendation: Receive and file. 6. AWARD OF CONTRACT FOR CONSTRUCTION OF THE IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) Recommendation: Award the construction contract for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP No. 7118) to Sequel Contractors, Inc., of Santa Fe Springs, California, the lowest responsible bidder, in the amount of $2,932,799.60, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 7. AWARD OF CONTRACT FOR THE CITY COUNCIL CHAMBERS RENOVATION (CIP NO.1 039) Recommendation: Award the construction contract for the City Council Chambers Renovation (CIP No.1 039) to Big West Construction Corporation, the lowest responsible bidder, and award the alternate bid in the amount of $413,385.81 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 8. APPROVAL OF THE FIRST AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH IRVINE RANCH WATER DISTRICT FOR THE INSTALLATION OF WICK IRRIGATION SYSTEM ON JAMBOREE ROAD - PHASE II Recommendation: Approve the first amendment to the Reimbursement Agreement with the Irvine Ranch Water District for the installation of the WICK Irrigation System on Jamboree Road - Phase II, and authorize the Mayor and the City Clerk to execute the document. 9. FINAL PARCEL MAP 2003-169: 15151 WOODLAWN AVENUE Recommendation: Adopt resolution. RESOLUTION NO. 04-66 - A resolution of the City Council of the City of Tustin approving Final Parcel Map 2003-169 to subdivide lot "2" of Lot Line Adjustment 03-002 (Portion of Lot 66, Block 10, Irvine Subdivision, M.M. 1/88) for condominium purposes to accommodate the development of eleven (11) office buildings at 15151 Woodlawn Avenue City Council Meeting Agenda July 19, 2004 Page 4 of 7 10. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2003-2004 (CIP NO. 7001), AND THE ANNUAL SIDEWALK REPAIR PROJECT, FY 2003-2004 (PROJECT NO. 402- 6235) Recommendations: 10.a. Adopt resolution; RESOLUTION NO. 04-65 - A resolution of the City Council of the City of Tustin, California, accepting the works of improvement and authorizing the recordation of the Notice of Completion for the Construction of the Annual Major Maintenance Project, FY 2003-2004 (CIP No. 7001), and the Annual Sidewalk Repair Project, FY 2003-2004 (Project No. 402- 6235) 10.b. Authorizing the recordation of the Notice of Completion, and direct the City Clerk to: 1. Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion; 2. Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and 10.c. Assuming no claims or stop payment notices are filed, it is further recommended that thirty-five (35) days after the date of recordation of the Notice of Completion, the City Council authorize payment of the final 1 0% retention in the amount of $59,482.17 to Sequel Contractor, Inc. The total final construction contract cost for the project is $594,821.66. 11. PLANNING COMMISSION ACTION AGENDA - JULY 12, 2004 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Recommendation: Ratify the Planning Commission Action Agenda of July 12, 2004. City Council Meeting Agenda July 19, 2004 Page 5 of 7 REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 12 and 13) 12. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING SECTIONS 1623, 1625, AND 6104 OF THE TUSTIN CITY CODE Recommendation: Introduce and have first reading by title only of the following ordinance: ORDINANCE NO. 1287 - An ordinance of the City Council of the City of Tustin, California, amending sections 1623, 1625, and 6104 of the Tustin City Code 13. TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT (DDA 04- 02) FOR COMMERCIAL RETAIL SITE Recommendations: 13.a. Adopt resolution; and RESOLUTION 04-60 - 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. 13.b. Subject to non-substantial modifications as may be determined necessary by the City's Special Counselor the City Manager prior to execution, approve and authorize the City Manager, or designee, to execute DDA 04- 02 between the City of Tustin and Vestar/Kimco Tustin loP. and to carry out all actions necessary to implement the DDA including execution of all related documents including the ground lease, any necessary subordination agreement and, upon satisfaction of all conditions and obligations of Developer thereto, to transfer the subject site in phases to the Developer. SECOND PUBLIC INPUT - Refer to First Public Input for information. City Council Meeting Agenda July 19, 2004 Page 6 of 7 OTHER BUSINESS - City Manager, City Attorney, City Council COMMITTEE REPORTS - City Council ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, August 2, 2004, at 7:00 p.m. in the Council Chamber at 300 Centennial Way, Tustin. City Council Meeting Agenda July 19, 2004 Page 7 of 7