HomeMy WebLinkAbout05 CC Action Agenda 7-19-04
ITEM #5
~ _.Jport to the
Planning Commission
DATE:
JULY 26, 2004
SUBJECT:
CITY COUNCIL ACTION AGENDA
JULY 19, 2004
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENTS: CITY COUNCIL ACTION AGENDA
JULY 19, 2004
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JULY 19, 2004
CLOSED SESSION
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present:
Mayor Tony Kawashima, Mayor Pro Tem Lou Bone,
Councilmembers Doug Davert and Tracy Worley Hagen
Jeffery M. Thomas
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
Property: Property is Reuse Plan Disposal Parcels 10, 11, and 12; portion of
Parcel I-D-4, Tustin Legacy
City Neootiators: Christine Shingleton, Assistant. City Manager and Amy
Freilich, Special Legal Counsel
Neootiator for Vestar Development II. LLC:
Richard Kuhle
Under Neootiation: Price and Terms of Payment
PUBLIC MEETING
CALL TO ORDER - 7:00 P.M.
PLEDGE OF ALLEGIANCE - Councilmember Davert
City Council Meeting
Action Agenda
July 19, 2004
Page 1 of 7
INVOCATION - Mayor Pro Tem Bone
ROLL CALL
Present:
Mayor Tony Kawashima, Mayor Pro Tem Lou
Councilmembers Tracy Worley Hagen and Doug Davert
Jeffery M. Thomas
Pamela Stoker
William A. Huston, City Manager and Lois Jeffrey, City Attorney
Bone,
Absent:
City Clerk:
Others Present:
CLOSED SESSION REPORT - Nothing to report.
FIRST PUBLIC INPUT - None
PUBLIC HEARINGS
1.
REQUEST FOR CONTINUANCE - VESTING TENTATIVE TRACT MAP 16695
(VESTAR DEVELOPMENT)
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem
Bone, to continue consideration of matter to the August 2,2004 Council meeting.
Motion carried 4-0 (Thomas absent).
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
Public hearing opened at 7:02 p.m.
Finance Director Nault presented staff report and recounted process required to
adopt Community Facilities District.
Mayor Pro Tem Bone requested clarification on Special Tax A in effect for 4
years, and Special Tax B in effect for an unspecified period of time.
Public hearing closed at 7:05 p.m.
Motion:
2.a.
Open a public hearing to hear presentations by staff and consultants and
hear questions and comments from audience;
City Council Meeting
Action Agenda
July 19, 2004
Page 2 of 7
2.b.
Adopt resolutions;
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)
It was moved by Councilmember Davert, seconded by Mayor Pro Tem Bone, to
approve Resolution Nos. 04-67, 04-68, and 04-69. Motion carried 4-0 (Thomas
absent).
2.c.
Direct the City Clerk to open ballots and announce the results of the
election;
City Clerk Stoker opened the ballot and indicated that it was an affirmative
vote.
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 .
It was moved by Councilmember Davert, seconded by Mayor Pro Tern Bone, to
approve Resolution No. 04-70. Motion carried 4-0 (Thomas absent).
2.e.
Introduced and read by title only the following ordinance; and
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
City Council Meeting
Action Agenda
July 19, 2004
Page 3 of 7
It was moved by Councilmember Hagen, seconded by Councilmember Davert, to approve
Consent Calendar items 3 through 11 as recommended by staff. Motion carried 4-0
(Thomas absent).
3. APPROVAL OF MINUTES - REGULAR MEETING OF JULY 6,2004
Motion: Approve the Regular City Council Meeting Minutes of July 6, 2004.
4.
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: 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
Motion: Receive and file.
6.
AWARD OF CONTRACT FOR CONSTRUCTION OF THE IRVINE
BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT
PROJECT (CIP NO. 7118)
Motion: 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
RENOVATION (CIP NO. 1039)
CITY COUNCIL CHAMBERS
Motion: 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"
Motion: 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
City Council Meeting
Action Agenda
July 19, 2004
Page 4 of 7
I
execute the document.
9.
FINAL PARCEL MAP 2003-169: 15151 WOODLAWN AVENUE
Motion: 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
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)
, Motion:
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 10%
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
City Council Meeting
Action Agenda
July 19, 2004
Page 5 of7 .
Council or member of the public.
Motion: Ratify the Planning Commission Action Agenda of July 12, 2004.
BUSINESS CALENDAR
12.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AMENDING SECTIONS 1623, 1625, AND 6104 OF THE TUSTIN
CITY CODE
Motion: It was moved by Councilmember Hagen, seconded by Councilmember
Davert, to introduce and have first reading by title only of the following ordinance.
Motion carried 4-0 (Thomas absent).
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
Assistant City Manager Shingleton presented staff report and gave project
highlights.
Rick Kuhle, Vestar President, introduced company and upcoming development.
Councilmember Hagen thanked all for involvement in project. Councilmember
Davert echoed sentiments. Mayor Pro Tem Bone thanked staff and indicated that
he was looking forward to center. Mayor Kawashima said that it would be a
lifestyle center that would bea first-class retail center.
Motion:
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
City Council Meeting
Action Agenda
July 19,2004
Page 6 of 7
I
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.
It was moved by Councilmember Davert, seconded by Mayor Pro Tem Bone, to
approve item 12. Motion carried 4-0 (Thomas absent).
SECOND PUBLIC INPUT - None
OTHER BUSINESS / COMMITTEE REPORTS
Councilmember Davert:
. Orange County Vector Control would be holding a public hearing at City of Huntington
Beach City Hall on July 22nd at 3 p.m. to discuss proposed tax increase; .
. Thanked Parks and Recreation Services for Concerts at the Park; and
. Discussed recent article in paper on the Orange County Transportation Authority's
Centerline Project.
Councilmember Hagen:
. Commented on the Centerline project, indicated that Mayor of Santa Ana is said to be
opposed to placing on ballot for voter approval and suggested sending a letter to our
Congressman regarding opposition to project; and
. Invited everyone to attend the next Concerts in the Park which would feature a rock n'
roll band.
"--- ~,
Mayor Pro Tem Bone: .
. Suggested preparing a resolution opposing the Centerline project; and
. Water Advisory Committee of Orange County report - currently in a 5 year drought,
Colorado River had a water storage level of only 50%, Orange County had less rain fall
than last year, and consumption was up in Tustin.
.
Mayor Kawashima:
Beginning in August, every Thursday night would be Movie Night at various City parks
and invited everyone to attend;
Last Thursday attended meeting with Centex/Shea Homes on Tustin Base and was
complemented about City's clear vision for the site; and
Requested placing the Veteran's Day Parade on a future agenda. .
.
.
. ADJOURNMENT - 7:30 P.M. - The next regular meeting of the City Council was scheduled
for Monday, August 2, 2004, at 7:00 p.m. in the Council Chamber at 300 Centennial Way,
Tustin.
City Council Meeting
Action Agenda
July 19, 2004
Page 7 of 7
I
ACTION AGE:NDAOF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
JULY 19, 2004
CALL TO ORDER - 7:30 p.m.
ATTENDANCE
Present:
Chair Tony Kawashima, Chair Pro Tem Lou Bone, Agency
Members Tracy Worley Hagen and Doug Davert
Jeffery M. Thomas
Pamela Stoker
William A. Huston, Executive Director and Lois Jeffrey, City
Attorney
Absent:
Recording Secretary:
Others Present:
PUBLIC INPUT - None
REGULAR BUSINESS
It was moved by Agency member Davert, seconded by Agency member Hagen, to
approve Items 1 and 2. Motion carried 4-0 (Thomas absent).
1.
APPROVAL OF MINUTES - REGULAR MEETING OF JULY 6,2004
Motion: Approve the Redevelopment Agency Minutes of July 6, 2004.
2.
PURCHASE AND SALE AGREEMENT FOR VACANT PARCEL IN VICINITY OF
NEWPORT AVENUE AND NORTHBOUND 1-5 FREEWAY RAMP
Motion:
2.a.
Adopt resolution; and
RESOLUTION NO. 04-06 - A resolution of the Tustin Community
Redevelopment Agency of the City of Tustin, California, approving the
Acquisition of Real Property by the Tustin Community Redevelopment
Agency for the Public Uses and Public Purposes of Redevelopment
Pursuant to Health and Safety Code Sections 33391 and 33037
2.b.
Appropriate $189,000 from the unappropriated Town Center
Redevelopment Project Area fund balance for the acquisition of the
property and expenses associated with the Purchase and Sale
Agreement.
ADJOURNMENT - 7:31 P.M. - The next regular meeting of the Redevelopment Agency
was scheduled for Monday, August 2, 2004, at 7:00 p.m. in the Council Chamber at 300
Centennial Way, Tustin.
Community Redevelopment Agency Meeting
Action Agenda
July 19,2004
Page 1 of 1
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