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Home My WebLink AboutCC MINUTES 2004 07 19 MINUTES 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 Tern 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 NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Property is Reuse Plan Disposal Parcels 10, 11, and 12; portion of Parcel I-D-4, Tustin Legacy City Neaotiators: Christine Shingleton, Assistant City Manager and Amy Freilich, Special Legal Counsel Neaotiator for Vestar Development II. LLC: Richard Kuhle Under Neaotiation: Price and Terms of Payment PUBLIC MEETING CALL TO ORDER- 7:00 P.M. PLEDGE OF ALLEGIANCE - Councilmember Davert INVOCATION - Mayor Pro Tern Bone City Council Meeting Minutes July 19, 2004 Page 1 of 7 ROLL CALL Present: Mayor Tony Kawashima, Mayor Pro Tern 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 Council member Davert, seconded by Mayor Pro Tern 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 Motion: 2.a. Open a public hearing to hear presentations by staff and consultants and hear questions and comments from audience; 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 Tern 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. 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 City Council Meeting Minutes July 19, 2004 Page 2 of 7 District No. 04-1 (Tustin Legacy/John Laing Homes), authorizing the leyy 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 Tern 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. 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) It was moved by Councilmember Davert, seconded by Mayor Pro Tern Bone, to introduce and have first reading by title only of Ordinance No. 1286. Motion carried 4-0 (Thomas absent). 2.f. Receive and file the Community Facilities District Report dated July 8, 2004 CONSENT CALENDAR 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). City Council Meeting Minutes July 19, 2004 Page 3 of 7 3. 4. 5. 6. 7. 8. APPROVAL OF MINUTES - REGULAR MEETING OF JULY 6,2004 Motion: Approve the Regular City Council Meeting Minutes of July 6, 2004. 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 QUARTERLY INVESTMENT REPORT Motion: Receive and file. 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. 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. 1039) 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. 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 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 execute the document. City Council Meeting Minutes July 19, 2004 Page 4 of 7 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 Councilor member of the public. Motion: Ratify the Planning Commission Action Agenda of July 12, 2004. City Council Meeting Minutes July 19, 2004 Page 5 of 7 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 Ordinance No. 1287. 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, President of Vestar Development Company introduced himself and spoke about the upcoming development. Councilmember Hagen thanked everyone involved in the project. Councilmember Davert echoed sentiments. Mayor Pro Tern Bone thanked staff and indicated that he was looking forward to the retail center. Mayor Kawashima remarked the development would be a 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 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 City Council Meeting Minutes July 19, 2004 Page 6 of 7 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 Council member Davert, seconded by Mayor Pro Tern Bone, to approve item 13. 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. Council member 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 Concert at the Park which would feature a rock n' roll band. Mayor Pro Tern 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 water consumption was up in Tustin. . Mayor Kawashima: Announced that beginning in August, every Thursday night would be Movie Night at various City parks; invited all to attend; Last Thursday attended meeting with CentexlShea Homes on Tustin Base and was complimented 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. ,~ (ÚA~ ~ T NY KAWJ\SHIMA, PAMELA ST R, Mayor City Clerk City Council Meeting Minutes July 19, 2004 Page 7 of 7