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Home My WebLink About00 AGENDA 08-02-04 CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL MONDAY, AUGUST 2,2004 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 August 2, 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. CONFER WITH THE CITY'S REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. . 339 S. Preble (Assessor's Parcel No. 401-592-12), 300 E. 3rd Street (Assessor's Parcel No. 401-592-10), and 325 S. Preble (Assessor's Parcel No. 401-592-11) NeQotiation Parties: William R. and Susan E. Blanchard, Brandon Blanchard and Nicole Blanchard, Ryo Shinagawa, and Kenneth J. and Lisa K. Potiker City NeQotiator: Christine Shingleton, Assistant City Manager Under NeQotiation: Price and terms of payment Property: PUBLIC MEETING 7:00 P.M. '"'~ . ,,","'" . City Council Meeting Agenda August2,2004 Page 1 of 6 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL PRESENTATION - Fats, Oils, and Grease (FOG) presentation by Orange County Sanitation District 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 Item 1) 1. PUBLIC HEARING - VESTING TENTATIVE TRACT MAP 16695 (VESTAR DEVELOPMENT) The proposed project includes 1,006,100 square feet of commercial development known as "The District at Tustin Legacy" to be located on approximately 111.77 gross acres within Planning Areas 16, 17, .and 19 of the MCAS Tustin Specific Plan. The project will be bounded by future Warner Avenue to the north, future Tustin Ranch Road to the west, the existing Army Reserve site to the southwest, Barranca Parkway to the south, and Jamboree Road to the east. The project will include a megaplex theatre complex (containing a minimum of 14 screens and 3,000 seats), specialty retail uses, restaurants, and both "big box' and "lifestyle" components. A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News. In addition, property owners within 300 feet of the site and affected agencies were notified of the hearing by mail and notices were posted on the site and at City Hall on July 1, 2004. Recommendations: 1.a. Open and close Public Hearing; and 1.b. Adopt resolutions. City Council Meeting Agenda August2,2004 Page 2 of 6 RESOLUTION NO. 04-73 - 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 RESOLUTION NO. 04-74 - A resolution of the City Council of the City of Tustin, California, approving Vesting Tentative Tract Map 16695, to subdivide approximately 111.77 gross acres into twenty-nine (29) numbered lots and fifteen (15) lettered lots for the purpose of developing 1,006,100 square feet of commercial uses within planning areas 16, 17, and 19 of the MCAS- Tustin Specific Plan Applicant: Vestar Development/Kimco Tustin, loP. Property Owner: City of Tustin/Department of the Navy 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 2 through 10) 2. APPROVAL OF MINUTES - SPECIAL MEETING OF JULY 15, 2004 AND REGULAR MEETING OF JULY 19, 2004 Recommendation: Approve the Special City Council Meeting Minutes of July 15, 2004 and the Regular City Council Meeting Minutes of July 19, 2004. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,107,766.94 and $1,270,440.27; and ratify payroll in the amount of $493,558.91 4. PLANNING COMMISSION ACTION AGENDA - JULY 26,2004 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 26, 2004. City Council Meeting Agenda August2,2004 Page 3 of 6 5. CLAIM OF ELAINE DURAN; CLAIM NO. 04-14 Recommendation: After investigation and review by City Attorney's office and the City's Claims Administrator, it is recommended that the City Council deny the claim. and direct the City Clerk to send notice thereof to the claimant and the claimant's attorney. 6. SEX OFFENDER PIN MAPPING Recommendation: Authorize the Mayor to sign a Memorandum of Understanding with the Orange County Sheriff's Department to list locally registered sex offenders classified as "serious" and "high risk" based on Tustin Police Department records on the Sheriff's web site. 7. APPROVAL OF AMENDMENT NO.1 TO WATER QUALITY ORDINANCE IMPLEMENTATION AGREEMENT NO. D02-024 WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT Recommendation: Approve Amendment No.1 to Water Quality Ordinance Implementation Agreement No. D02-024 with the Orange County Flood Control District, and authorize execution of the agreement by the Mayor and City Clerk on behalf of the City. 8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 15993 (STANDARD PACIFIC HOMES) Recommendation: Release the following bonds in the amounts indicated: Faithful Performance Bond No. 11127492210 Labor and Material Bond No. 11127492210 Subdivision Warranty Bond No. 11127492210 Monumentation Bond No. 11127492228 $21,596.00 $21,596.00 $21,596.00 $11,300.00 9. THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT FOR PARCEL 33 (TUSTIN LEGACY) Recommendation: Approve and authorize the Manager's execution of the Third Amendment to Disposition and Development Agreement 03-01 (DDA 03- 01) subject to any non-substantive modifications as may be determined necessary by the City's Special Counsel. City Council Meeting Agenda August2,2004 Page 4 of 6 RECESS to a Joint Tustin Public Financing Authority (TPFA) and City Council Meeting 10. JOINT SESSION WITH TPFA (Agenda Item 10) JOINT CITY COUNCIL AND TUSTIN PUBLIC FINANCING AUTHORITY (TPFA) - VOTING AUTHORIZATION FOR SPECIAL ELECTION FOR IMPROVEMENT DISTRICT NUMBER 113 AND 213 OF THE IRVINE RANCH WATER DISTRICT ON AUGUST 31,2004 The City Council and Tustin Public Financing Authority are being requested to conduct a joint session to proceed with the development of water and sewer facilities at Tustin Legacy; the Irvine Ranch Water District (IRWD) has formed two Improvement Districts and adopted a Plan of Works for each district. The IRWD has scheduled a special bond election among property owners within each improvement district to receive authorization to issue general obligation bonds to finance the acquisition and construction of facilities described in each Plan of Works. City Council Action Recommendation: Authorize the City Manager to execute the ballot associated with the special bond election for Improvement District Nos. 113 and 213 of the Irvine Ranch Water District on behalf of the City supporting the issuance of General Obligation Bonds. Tustin Public FinancinQ Authority Action Recommendation: Authorize the Executive Director to execute the ballot associated with the special bond election for Improvement District Nos. 113 and 213 of the Irvine Ranch Water District on behalf of the City supporting the issuance of General Obligation Bonds. RECONVENE TO THE CITY COUNCIL MEETING REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 11 through 13) 11. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING SECTIONS 1623, 1625, AND 6104 OF THE TUSTIN CITY CODE City Council Meeting Agenda August 2, 2004 Page 5 of 6 Recommendation: Introduce and haye 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 12. ORDINANCE NO. 1286: FORMING THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 04-1 (TUSTIN LEGACY/JOHN LAING HOMES) Recommendation: Have second reading by title only and adoption of Ordinance No. 1286 (roll call vote). 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) 13. RESOLUTION IN OPPOSITION TO CENTERLINE PROJECT Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT - Refer to First Public Input for information. 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 16, 2004, at 7:00 p.m. in the Council Chamber at 300 Centennial Way, Tustin. City Council Meeting Agenda August2,2004 Page 6 of 6