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Home My WebLink About01 MINUTES 08-16-04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA AUGUST 2, 2004 Agenda Item Reviewed: City Manager ~ Finance Director ~ CLOSED SESSION CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Absent: City Clerk: Others Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Doug Davert and Tracy Worley Hagen and Jeffery M. Thomas None Maria Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Lois Jeffrey, City Attorney PUBLIC INPUT - None CLOSED SESSION ITEM A. CONFER WITH THE CITY'S REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Neaotiation Parties: 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) William R. and Susan E. Blanchard, Brandon Blanchard and Nicole Blanchard, Ryo Shinagawa, and Kenneth J. and Lisa K. Potiker Christine Shingleton, Assistant City Manager Price and terms of payment Property: City Neaotiator: Under Neaotiation: PUBLIC MEETING CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE - Councilmember Davert City Council Meeting Minutes August 2, 2004 Page 1 of7 INVOCATION - Mayor Pro Tem Bone ROLL CALL Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Tracy Worley Hagen and Doug Davert and Jeffery M. Thomas None Pamela Stoker William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: PRESENTATION - Fats, Oils, and Grease (FOG) presentation by Bob Ghirelli of the Orange County Sanitation District CLOSED SESSION REPORT - Nothing to report. FIRST PUBLIC INPUT Jerry Amante, Planning Commissioner, informed Council he would be resigning from the Planning Commission to run for City Council. Thomas Hall, President of "Friday Night Law" spoke on tot lot law AB188 which provides for a smoke-free environment for tot lot or sand lot areas and requested Council's support by posting appropriate signage. PUBLIC HEARING 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 City Council Meeting Minutes August 2, 2004 Page 2 of 7 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. Applicant: Vestar Development/Kimco Tustin, loP. Property Owner: City of Tustin/Department of the Navy Matt West, Associate Planner presented staff report. Public hearing opened at 7:20 p.m. There were no speakers on the subject and the public hearing was closed at 7:20 p.m. Motion: Adopt resolutions. 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 It was moved by Councilmember Thomas, seconded by Councilmember Davert, to approve Resolution Nos. 04-73 and 04-74. Motion carried 5-0. CONSENT CALENDAR It was moved by Councilmember Davert, seconded by Councilmember Thomas, to approve Consent Calendar items 2 through 9 as recommended by staff. Motion carried 5- O. 2. APPROVAL OF MINUTES - SPECIAL MEETING OF JULY 15, 2004 AND REGULAR MEETING OF JULY 19, 2004 Motion: Approve the Special City Council Meeting Minutes of July 15, 2004 and the Regular City Council Meeting Minutes of July 19, 2004. City Council Meeting Minutes August 2, 2004 Page 3 017 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: 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. Motion: Ratify the Planning Commission Action Agenda of July 26, 2004. 5. CLAIM OF ELAINE DURAN; CLAIM NO. 04-14 Motion: 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 Motion: 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 Motion: 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) Motion: Release the following bonds in the amounts indicated: Faithful Performance Bond No. 11127492210 Labor and Material Bond No. 11127492210 $21,596.00 $21,596.00 City Council Meeting Minutes August 2, 2004 Page 4 017 Subdiyision Warranty Bond No. 11127492210 Monumentation Bond No. 11127492228 $21,596.00 $11,300.00 9. THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT FOR PARCEL 33 (TUSTIN LEGACY) Motion: 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. RECESS to a Joint Tustin Public Financing Authority (TPFA) and City Council Meeting at 7:20 p.m. 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. Public Works Director Serlet presented staff report. City Council Action Motion: 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. It was moved by Councilmember Davert, seconded by Councilmember Thomas, to approve joint item with the Tustin Public Financing Authority. Motion carried 5- O. Tustin Public Financina Authority Action Motion: Authorize the Executive Director to execute the ballot associated with City Council Meeting Minutes August 2, 2004 Page 5 of 7 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. It was moved by Authority member Davert, seconded by Authority member Thomas, to approve joint item with the City Council. Motion carried 5-0. RECONVENE TO THE CITY COUNCIL MEETING at 7:21 p.m. BUSINESS CALENDAR 11. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING SECTIONS 1623, 1625, AND 6104 OF THE TUSTIN CITY CODE It was moved by Councilmember Davert, seconded by Councilmember Thomas, to introduce and have first reading by title only of the following ordinance. Motion carried 5-0. 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) It was moved by Councilmember Davert, seconded by Councilmember Thomas, to have second reading by title only and adoption of Ordinance No. 1286. Motion carried 5-0. (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 Motion: Adopt resolution. RESOLUTION NO. 04-72 - A resolution of the City Council of the City of Tustin opposing the Centerline Light Rail Project by the Orange County Transportation Authority Mayor Kawashima left the dais at 7:23 p.m. due to a conflict of interest, and his consultant work for OCTA. City Council Meeting Minutes August 2, 2004 Page 6 of 7 It was moved by Councilmember Davert, seconded by Councilmember Thomas, to adopt resolution. Motion carried 4-0, Kawashima abstained. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Council member Davert: . Attended League of Cities Conference last week, very informative; . Santa Cop Casino night was a successful event on Saturday; . Appeared on "Inside OC" to discuss MCAS Tustin; and . Announced Wednesday night would be last Concert in the Park. Council member Hagen: . Davert did good job on interview with "Inside OC"; . Community garden for downtown was underway with support of Armstrong Nursery; . Last Concert in the Park would be Wednesday with 70's to 90's musical hits. Mayor Pro Tem Bone: . Along with Assistant City Manager Christine Shingleton, gave presentation to incoming Assemblyman Chuck DeVore, complimented Ms. Shingleton; . Attended a briefing by Governor Schwarzenegger at League of Cities Conference; . Propositions 1A and 65 in support of cities would be on the November ballot and requested support; and . Gave a review of Senate and Assembly votes from local officials in support of local government. . Mayor Kawashima: Announced Thursday would be first Movie Night at the Park; Noted there were vacancies in Planning, Audit and Cultural Resources Advisory Committees and set interview dates for September 7th; and Requested Proclamation for outgoing Planning Commissioner Jerry Amante. . ADJOURNMENT - 7:38 p.m. - The next regular meeting of the City Council was scheduled for Monday, August 16, 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 August 2, 2004 Page 7 of 7