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HomeMy WebLinkAbout06 CC Actn Agnds 11-1, 11-15-04ITEM #6 ~~ 1 G~ -~~~ Report to the ~~_~Tl~ Planning Commission DATE: NOVEMBER 22, 2004 SUBJECT: CITY COUNCIL ACTION AGENDAS NOVEMBER 1 AND NOVEMBER 15, 2004 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS: CITY COUNCIL ACTION AGENDAS NOVEMBER 1 AND NOVEMBER 15, 2004 ACTION AGENDA OF THE SPECIAL MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA NOVEMBER 1, 2004 CALL TO ORDER - 4:30 P.M. ATTENDANCE Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Doug Davert, Tracy Worley Hagen, and Jeffery M. Thomas Absent: None City Clerk: Maria R. Huizar, Chief Deputy City Clerk Others Present: William A. Huston, City Manager and Lois Jeffrey, City Attorney WORKSHOP TUSTIN LEGACY - A progress report on the Master Developer Planning and Negotiation Process, including a Presentation on the refined Master Development Plan A. Staff Report /Presentation by Master Developer by Assistant City Manager Christine Shingleton City Manager Huston noted a year ago, the City retained Tustin Legacy Partners for the Master Developer footprint. In February a workshop was held to refine the plan within context of adopted Specific Plan. Matters such as public open space, water treatment, water runoff, transportation, etc., also Council authorized retention of internationally renowned, Chicago based architect and urban planner Phil Lindquist, who has developed a close working relationship with City staff, Tustin Legacy Partners, and consultants. City Manager Huston acknowledged all the staff who has worked hard to meet deadlines. Assistant City Manager Christine Shingleton noted that the City entered into an Exclusive Negotiation Agreement in November, 2003, then followed a 5 step process; first was development of a Preliminary Plan presented in February of 2004, second was a refinement of Master Development Plan which provides for development of a Preliminary Business Plan, and finally a term sheet and a Development Disposition Agreement is negotiated. In February Council took action on Preliminary Plan, and besides elimination of golf course, Council also authorized staff to look at transferring 280 excess dwelling units into Master Developer footprint. Also discussed location of elementary school, relocating a portion of commercial services, and the transfer of 150 dwelling units from City Council Special Meeting November 1, 2004 Action Agenda Page 1 of 7 Community Core to area south of Warner Avenue. City Council indicated a desire for more open space than indicated on the Preliminary Plans and in July directed staff to integrate a revised open space plan into the refined Master Development Plan thereby increasing open space from 122 acres to 170 acres. The purpose of workshop is to obtain general consensus by the Council, begin to define value of property, set goals and objectives of City and developer and begin structuring real estate transactions. Assistant City Manager Shingleton thanked staff involved in brining project to this point. Susan Lindquist, Tustin Legacy Community Partners, discussed refinement of Master Development Plan to meet mutual goals and the City's objectives. The refined framework plan builds on goals set in February and complies with direction from Council and Phil Lindquist. In the next 3 to 6 months would be testing plan against environmental regulations, infrastructure phasing, grading and drainage and fiscal balance and value. Joseph Smart, NBH Architects, presented outline of 6 guiding principles, and update on plans for Tustin Legacy. 1. Linear Park - a Tustin Landmark, project's identity and plans' dominant organizing element. 2. Connectivity -all roads lead to park, all districts lead to park. 3. The Grid Pattern - a primary organizing street element emphasizing pedestrian-friendly walkable blocks. 4. Community Core- a vibrant mixed-use district with a variety of land uses that will be market responsive. 5. Open Community Plan - no gates, minimal barriers, community amenities accessible to all of Tustin. 6. No Change in specific plan/EIR capacity limits. Community Framework Plans o Circulation -backbone of project. o Open Space - 170 acre open space centered with Community Park, but linked with other parks. o Districts - 11 distinct districts combined with architecture style, mixed use area. Need to readjust planning areas. o Development Plan City Council Special Meeting November 1, 2004 Action Agenda Page 2 of 7 Original Specific Plan called for 169.3 acres of open space, the new framework plan proposes 170 acres. The original plan had 1,825 dwelling units, currently proposed are 2,105. The non-residential area remains the same in both the original Specific plan and the new framework plan, allowing 7.7 million square feet. Linear Park will focus on amenities that are important to families. There will be a series of focal parks throughout the residential district. Transit district includes higher concentration of residents and live/work units. Garden district will contain variety of single family homes, and multi-family courtyard housing. The Neighborhood Park, Linear Park and elementary school combined together create 40 acres of open space vital to residential districts.. Within the neighborhood core are assembled shops, restaurants, neighborhood-serving retail, and garden office space to create .local gathering spots for residential community. Retail areas will be accessible by pedestrians and bicyclists. Tustin Ranch Road will be elevated to pass over Linear Park, providing uninterrupted connection from residential to Community Park. Within the park will be a major water feature where trails will link to ball fields, aquatic and tennis facilities. Open space, central location, and a vibrant mixed-use core will attract large corporate businesses. Nature trails and walks will connect one end of the area to the other. Community Core will be the heart of Tustin Legacy with a mix of upscale retail shops, restaurants, entertainment and the potential for 2 hotels, offices and housing. Assistant City Manager Shingleton read synopsis of Phil Lindquist's comments. Community Park is a large continuous open space distinguishing Tustin Legacy and utilized by all residents in City. Community Core is strong focal point to community with a mix of housing, retail and offices. Each neighborhood is adjacent to the park. Road system is clear and easy to understand. The community will be seen as pedestrian friendly, one of only a few pedestrian communities in all of Orange County. Mr. Lindquist strongly endorses the plan. B. Council Questions Councilmember Hagen asked about width of walking and biking paths. Susan Lindquist responded it was between 5-10 feet although final design was not complete. Linear Park was approximately 2 miles in length. Hagen commented the water feature path around the lake was a great attribute. Ms. Lindquist noted a possible exception to design would be limited pedestrian access if it became necessary to create mitigation areas. Councilmember Davert commented about police patrolling of the park area and the opportunity for joint use of facilities with the Tustin Unified School District. City Council Special Meeting November 1, 2004 Action Agenda Page 3 of 7 Mayor Kawashima asked what percentage of the park would be open space. Susan Lindquist responded it was 25% however not all was defined as City Park area; some may not meet definition of a park, but is actually enhanced right-of- way open space along Tustin Ranch Road, or enhanced edge treatment around residential neighborhoods. Shingleton added that the Master Developer footprint included 170 acres of open space and an additional 125 acres outside that footprint to be developed by City or other entities. In addition there are 345 acres of public benefit conveyance uses, including schools, transfers to South Orange County Community College District, and Rancho Santiago Community College District. There are over 630 acres of either open space or public uses out of 1,584 acres of surplus property. Also noted that business parameters would include phasing of Capital improvements that would largely break out due to heavy public uses on the project. Councilmember Bone inquired whether economics would support 2 hotels in that area. Ms. Lindquist stated it would depend on multi-generational plan and the market at the time. Bone expressed his disappointment that a golf course was not incorporated as there are no golf course with hotels in Orange County. Councilmember Thomas stated that the collaboration between Council, staff, and developers was outstanding. The Master Plan will created a national monument of MCAS Tustin and a unique area to visit. One blimp hanger would remain on site; and applauded the hard efforts of everyone involved. Mayor Kawashima inquired about Linear Park width. Susan Lindquist said minimum width was 400 feet wide. Original plan had included more hardscape but was changed to a wider and more naturalized look. Mayor Kawashima also asked how retail site would compliment the Vestar development site. Ms. Lindquist responded their site would be built at different time to respond to a different market, be developed in more intimate scale and would reflect a more day-in day-out and nighttime retail convenience. Councilmember Hagen asked what the phases of the park were going to be. Susan indicated infrastructure development as well as cost was being analyzed. Technical analysis was being considered to achieve a perfect balance. Water system plan would be very pro-active and conscientious on water quality and would be designed as such. Councilmember Hagen remarked on the absence of gates in the planned community and asked staff if the condition would be included in Specific Plan. Assistant City Manager Shingleton said it could be added as part of Specific Plan amendment. Hagen also asked if the arches would be lit every evening. Ms. Lindquist responded that approvals were needed by FAA and Airport Land Use Commission. Mayor Kawashima agreed with the no-gate policy and suggested it be put in writing so future council would not be able to change concept. City Council Special Meeting November 1, 2004 Action Agenda Page 4 of 7 Mayor Pro Tem Bone asked legal counsel if property owners could later change the policy on no-gates. City Attorney Jeffrey stated it would be very difficult to change the policy on a public street and said either the Specific Plan or CCR's could impose a requirement to restrict gates. Councilmember Thomas asked whether gates should be considered for high-end homes, suggested not to eliminate the possibility completely, but instead allow Council the discretion to chose on a case by case basis. Councilmember Davert noted the Plan depended on connectivity, pedestrian orientation and access, and the ability to move freely within the entire project. He requested a policy be set to exclude gated communities in Tustin Legacy. C. Public Comments Brett Floyd, Planning Commissioner agreed with council and requested that no gates be included in the new community. Ann Albertson, Tustin Unified School District Board president, asked where the border was for Irvine Unified School District. Also inquired about the recreation center that is adjacent to elementary school. Shingleton said it was an anticipated community recreational facility for residents and operated by homeowners association. Ms. Albertson suggested a buffer to transit area for the elementary school. Shingleton responded the road on West side was a secondary arterial road with much traffic and noise. The goal was to provide an additional buffer to areas that are more sensitive to noise such as residential neighborhoods and public schools. D. Recommendation: By Motions take action to: 1. Concur with the refined Master Development Plan including the Circulation, Open Space, and Land Use Plans which incorporates input and previous direction from the City Council for purposes of the Developer's completion of Phase II and III of the Master Developer Planning and Negotiation Process as identified in Exhibit A and I of the Exclusive Negotiation Agreement, as amended, including concurrence to the following features and implementation recommendations: City Council Special Meeting November 1, 2004 Action Agenda Page 5 of 7 Francine Scinto expressed her appreciation to Council for approving modifications made with the community park including potential aquatics and tennis facilities next to the high school site. (a.) Reconfirm February 17, 2004 direction to eliminate the golf course and replace with community benefiting open space, subject to preparation of any necessary Specific Plan Amendments. (b.) Reconfirm February 17, 2004 location of the elementary school in Neighborhood G central to the neighborhood as an educational and recreational focus within the neighborhood. (c.) Reconfirm the transfer of a portion of village commercial services uses from Neighborhood B to Neighborhood G. (d.) Increase Open Space from 122 acres as originally shown in February 17, 2004 Preliminary Master Development Plan to 170 acres. 2. Direct City Staff and the Master Developer to prepare Specific Plan amendments as follows: • Readjust the boundaries of the Neighborhood D (Planning Area 8), the Community Core, to accommodate uses and square footages as originally anticipated by the Specific Plan due to the introduction of additional open space, and to activate and maximize the potential attraction of a core central area of the Master Development to mixed uses. • Accommodate the 280 units to be transferred to Neighborhood D based on the density classification of the Planning Areas from which the units are being transferred (212 units will be designated Medium-High Density Residential at density range of 16-25 d.u.'s/acre and 68 units will be classified Low Density at a density range of 0-7 d.u.'s/acre). • Prepare development standards for mixed-use land uses (both vertical and horizontal mixed use) and other new or revised standards as may be necessary to implement the Master Development Plan. 3. Direct city staff to add provisions in form of DDA deed restrictions, CCR requirements, and/or Specific Plan amendments to preclude gating in residential neighborhoods based on review and feedback from the City Attorney. It was moved by Councilmember Hagen, seconded by Councilmember Thomas, to approve Items 1 through 3 as recommended by staff. Motion carried 5-0. Assistant City Manager Shingleton summarized the subsequent steps in Exclusive Negotiation Agreement schedule. The developer would be submitting a preliminary business plan before end of year as well as preliminary design guidelines. The Cit~r would then proceed to frame a business transaction in form of a Term Sheet by April 1 S . City Council Special Meeting November 1, 2004 Action Agenda Page 6 of 7 A Disposition Development Agreement would follow in early August with Specific Plan amendments to proceed concurrently. ADJOURNMENT-5:33 P.M. -Regular Meeting of the City Council was scheduled for Monday, November 1, 2004, at 7:00 p.m. at the Clifton C. Miller, Community Room, 300 Centennial Way, Tustin. City Council Special Meeting November 1, 2004 Action Agenda Page 7 of 7 ACTION AGENDA OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA NOVEMBER 1, 2004 CALL TO ORDER - 7:00 P.M. ROLL CALL Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Doug Davert, Tracy Worley Hagen, and Jeffery M. Thomas Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Lois Jeffrey, City Attorney PLEDGE OF ALLEGIANCE -Councilmember Thomas INVOCATION -Mayor Pro Tem Bone PRESENTATIONS . Parks and Recreation Commissioner, Ginny Hovland presented a plaque by the National Recreation and Park Association for Pioneer Road Park Design FIRST PUBLIC INPUT -None CONSENT CALENDAR - It was moved by Councilmember Hagen, seconded by Councilmember Davert, to approve Consent Calendar items 1 through 11 as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES -REGULAR MEETING OF OCTOBER 18, 2004 Motion: Approve the Regular City Council Meeting Minutes of October 18, 2004. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $311,185.90; $797,858.02; and $301.28 and ratify payroll in the amount of $520,608.11 City Council Meeting November 1, 2004 Action Agenda Page 1 of 5 3 2003-04 GENERAL PLAN ANNUAL REPORT Motion: Adopt resolution. RESOLUTION NO. 04-89 - A resolution of the City Council of the City of Tustin, California, approving the City of Tustin 2003-04 General Plan Annual Report 4. RELEASE OF MONUMENTATION SURETY FOR PARCEL MAP NO. 2003-169 (15151 WOODLAWN AVENUE) Motion: Release the following monumentation surety in the indicated amount: Cash Deposit Account No. 50-000-2604-9000 $2,500.00 5. AWARD OF CONTRACT FOR CONSTRUCTION OF THE WALNUT AVENUE REHABILITATION BETWEEN RED HILL AVENUE AND BROWNING AVENUE (CIP NO. 7178) Motion: Award the construction contract for the Walnut Avenue Rehabilitation between Red Hill Avenue and Browning Avenue (CIP No. 7178) to All American Asphalt of Corona, California, the lowest responsible bidder, in the amount of $483,483.00 and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. 6. SETTING A PUBLIC HEARING FOR THE URBAN WATER MANAGEMENT PLAN Motion: Set a public hearing for 7:00 p.m. on Monday, December 6, 2004 to accept, adopt, and respond to the public comments on the 2000 Urban Water Management Plan. 7. DECLARATION OF SURPLUS EQUIPMENT Motion: Declare the equipment detailed in the attached report as surplus and not required for public use in accordance with the Tustin City Code Section 1626 and authorize the Public Works Department to sell the equipment at public auction. 8. CONSULTANT SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES ON THE PHASE 1 TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROJECT (VALENCIA NORTH LOOP ROAD, ARMSTRONG AVENUE, LANSDOWNE ROAD, SEVERYNS ROAD, AND WEST CONNECTOR ROAD) (CIP NO. 7139) City Council Meeting November 1, 2004 Action Agenda Page 2 of 5 Motion: Approve a Consultant Services Agreement with the firm of Washington Group International Inc. to provide construction management services on the Phase 1 Tustin Legacy Backbone Infrastructure Project (Valencia North Loop Road, Armstrong Avenue, Lansdowne Road, Severyns Road, and West Connector Road) (CIP No. 7139) in the not to exceed amount of $2,055,967.00 and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 9. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES AND CONSTRUCTION DOCUMENTS FOR CITRUS RANCH PARK, PROJECT NO. 2046 Motion: 9.a. Execute a Consultant Services Agreement with the firm of RJM Design Group, Inc. for the Citrus Ranch Park project in an amount not to exceed $328,515.00. 9.b. Approve a supplemental appropriation of $250,000 from the 2004/05 Fiscal Year Park Development Fund into the Capital Improvement Program for Project No. 2016 for Final Design 10. ANIMAL CARE SERVICES AGREEMENT FOR FISCAL YEAR 2004-2005 Motion: Authorize the Mayor to sign the Animal Care Services agreement for Fiscal Year 2004-2005 in the amount of $130,767.00 11. PLANNING ACTION AGENDA -OCTOBER 25, 2004 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Motion: Ratify the Planning Commission Action Agenda of October 25, 2004. SECOND PUBLIC INPUT -None OTHER BUSINESS /COMMITTEE REPORTS Councilmember Davert: Spoke about the Workshop on the development of Tustin Legacy, it was a terrific presentation by staff and master developer and wanted to thank all of those involved; Requested to place on a future agenda the replacement of Ginny Hovland for Parks and Recreation commissioner; City Council Meeting November 1, 2004 Action Agenda Page 3 of 5 Participated as an observer in the Tustin Police Department's Operation Crime Impact last Friday, up to 20 arrests were made during the crime sweep; Wished all the best to Tustin High School Model United Nations team who are currently competing in Paris; and Encouraged everyone to attend the Dino Dash fund raiser on Sunday. Councilmember Thomas: . City had no reported problems during the storm a couple of weeks ago; Asked for vote on Water Board; and Asked everyone to vote this Presidential Election. Councilmember Hagen: Attended firefighter memorial dedication at Orange County Fire Authority headquarters, there was an eternal flame lit during the ceremony; Transportation Corridor Agency CEO Wally Creighton retired and was working to maintain low toll fees; and . Good luck to council who were candidates in local election and wished them success. Mayor Pro Tem Bone: Mr. and Mrs. Gonzalez were the first family to move into Tustin Legacy; . CompUSA opened their store at the Tustin Marketplace as shoppers waited in line to go inside; . Best Buy would be opening at the end of the week at Tustin Marketplace; Thanked Pat Sanchez, Director of Parks and Recreation Services and staff for a great Halloween event; and Announced the Veteran's Day event would be on November 14tH at 1:OOp.m. in Old Town Tustin. Mayor Kawashima: Reminded everyone Tuesday was Election Day; . Best Buy would be opening on Friday, November Stn; Annual Dinosaur Dash would take place Sunday, November 7tH; and . Was invited by the California State Student Association to speak on November 12tH; the group is comprised of all the Associated Student Body Presidents from the California State Universities. CLOSED SESSION ITEM Motion: 1. There is a need to take immediate action and the need to take action arose subsequent to the posting of the Agenda. (Requires a 2/3 vote). Motion by Councilmember Davert, seconded by Mayor Pro Tem Bone. Motion carried 5- 0. 2. That the following item be added to the Closed Session Agenda. The City Council shall convene in Closed Session with its real property City Council Meeting November 1, 2004 Action Agenda Page 4 of 5 negotiator, Christine Shingleton, regarding Parcel Nos. 10, 11, and 12 at MCAS-Tustin, which is a real estate transaction with Vestar. The instruction to the negotiator will concern price and terms of payment. RECESSED TO THE REDEVELOPMENT AGENCY MEETING FOLLOWED IMMEDIATELY TO CLOSED SESSION - 7:20 P.M. A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 A.1. Agencv Negotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Organization: Tustin Police Support Service Association (TPSSA) A.2. Agencv Negotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Organization: Tustin Police Officers Association (TPOA) A.3. Agencv Negotiator: Arlene Marks Gibbs, Director of Human Resources Employee Organization: Tustin Police Management Association (TPMA) A.4. Agencv Negotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Organization: Tustin Municipal Employees Association (TMEA) B 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 Negotiators: Christine Shingleton, Assistant City Manager Negotiator for Vestar Development II, LLC: Richard Kuhle Under Negotiation: Price and Terms of Payment ADJOURNMENT - 7:24 P.M. -The next regular meeting of the City Council was scheduled for Monday, November 15, 2004, at 7:00 p.m. in the Clifton C. Miller Community Room at 300 Centennial Way, Tustin. City Council Meeting November 1, 2004 Action Agenda Page 5 of 5 ACTION AGENDA OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA NOVEMBER 15, 2004 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Doug Davert, Tracy Worley Hagen, and Jeffery M. Thomas Absent: None City Clerk: Maria R. Huizar, Chief Deputy Others Present: William A. Huston, City Manager and Lois Jeffrey, City Attorney PUBLIC INPUT -None CLOSED SESSION ITEM A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 subdivisions (b)(2)(A) and (b)(2)(C) to confer with the City Attorney about significant exposure to litigation against the City (two cases) PUBLIC MEETING CALL TO ORDER - 7:02 P.M. Mayor Kawashima requested that Councilmember Thomas be designated as Mayor for a Day as a symbol of Council's appreciation for his dedicated service over the past 12 years. ROLL CALL Present: Honorary Mayor Jeffery M. Thomas, Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Doug Davert and Tracy Worley Hagen Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Lois Jeffrey, City Attorney INVOCATION -Mayor Pro Tem Bone City Council Meeting November 15, 2UU4 Agenda Page 1 of 5 PLEDGE OF ALLEGIANCE - Councilmember Davert CLOSED SESSION REPORT -Nothing to report. PROCLAMATION . Ginny Hovland for invaluable service on the Parks and Recreation Commission PRESENTATIONS . Judge Douglas Hatchimonji presentation on Grand Jury Service Orange County Transportation Authority Director Carolyn Cavecche check presentation for Measure M funds FIRST PUBLIC INPUT -None PUBLIC HEARING 1. SUPPLEMENTAL LAW ENFORCEMENT SERVICE GRANT FUNDS (SLESF) In 1996, California Assembly Bills 3229 established the Citizen's Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) grant program. Proceeds from the grant program must be used for front line law enforcement services that may include the purchase of new equipment, hiring of additional personnel and increasing the opportunity for training of safety personnel. A public hearing is required for the acceptance and allocation of Supplemental Law Enforcement grant funds. The Police Department is proposing that $69,765.00 of the $107,330.00 be used to purchase new digital In-Unit Camera Systems and the remainder $37,565.00 to partially fund the City's Gang Unit. Legal Notice published in the Tustin News on October 28, 2004 Public hearing open at 7:25 p.m. There were no speakers on the subject and the public hearing was closed at 7:25 p.m. Motion: 1.a. Open and close a Public Hearing; 1.b. Accept $107,330.00 in COPS/SLESF grant funds and appropriate same to front- line law enforcement fund; 1.c. Authorize partial allocation in the amount of $69,765.00 to purchase new digital In-Unit Camera Systems; and 1.d. Authorize the remainder funds of $37,565.00 to be used to partially fund the City's Gang Unit, also assigned to the Police Department. City Council Meeting November 15, 2004 Agenda Page 2 of 5 It was moved by Councilmember Hagen, seconded by Mayor Kawashima, to approve Agenda Item 1 as recommended by staff. Motion carried 5-0. CONSENT CALENDAR - It was moved by Councilmember Hagen, seconded by Councilmember Davert, to approve Consent Calendar items 2 through 8 as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES -SPECIAL AND REGULAR MEETINGS OF NOVEMBER 1, 2004 Motion: Approve the Special and Regular City Council Meeting Minutes of November 1, 2004. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $1,013,893.69 and $2,361,077.33 and reversals in the amount of $1,714.21 and ratify payroll in the amount of $486,249.68 4. APPROVAL OF AN AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRICAL FACILITIES WITH SOUTHERN CALIFORNIA EDISON COMPANY IN CONJUNCTION WITH THE NEWPORT AVENUE EXTENSION/SR-55 RAMP RECONFIGURATION PROJECT (CIP NO. 7130) Motion: Approve the Agreement for replacement of overhead with underground electrical facilities with Southern California Edison Company, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 5. CAPITAL PURCHASE/BIDDING EXCEPTION FOR PURCHASE OF TWO ALTERNATIVE FUEL (PROPANE) STREET SWEEPERS Motion: 5.a. Approve an exception to the City's Purchasing Policy and Regulations in accordance with Section 1624 of the Purchasing Rules and Regulations; and 5.b. Award the purchase of two alternative fuel street sweepers to Haaker Equipment Company for a total cost of $380,771.26 6. AUTHORIZATION FOR THE STATE TO PURCHASE ONE JOHN DEERE RIDING REEL MOWER Motion: Adopt resolution. RESOLUTION NO. 04-91 A resolution of the City Council of the City of Tustin, California authorizing the Department of General Services of the State of City Council Meeting November 15, 2004 Agenda Page 3 of 5 California to purchase certain items 7. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR RAWLINGS RESERVOIR REPAIR AND REPLACEMENT (CIP NO. 6136) Motion: 7.a. Approve a transfer of funds from CIP No. 6155 to CIP No. 6136 in the amount of $62,000.00; and 7.b. Approve the Consultant Services Agreement with Tetra Tech Inc. for engineering design services for the Raveling Reservoir Repair and Replacement Project (CIP No. 6136) and authorize the Mayor and City Clerk to execute the Consultant Services Agreement on behalf of the City, subject to approval by the City Attorney. 8. CANINE SALES AGREEMENT Motion: Approve the Sales Agreement between the City of Tustin and Officer Mark Turner releasing the City of responsibility and/or liability concerning Police canine, Basco. BUSINESS CALENDAR 9. POTENTIAL ANNEXATION OF A 24-ACRE UNINCORPORATED ISLAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE Councilmember Davert commented on annexation process. Motion: It was moved by Mayor Pro Tem Bone, seconded by Councilmember Davert to receive and file. Council discussion ensued. Councilmember Hagen indicated support of annexation or to accept neutral position. Mayor Pro Tem Bone commented that the City of Santa Ana was also discussing matter at their Council meeting this evening. Councilmember Davert suggested motion to remain neutral. Amended Motion: It was moved by Councilmember Davert, seconded by Councilmember Hagen, to take neutral position. Motion carried 5-0. 10. MISS TUSTIN SCHOLARSHIP PAGEANT The Miss Tustin Pageant Committee is requesting community support contributions. Cherrill Cady, addressed the council regarding the pageant and request for monetary support from City. City Council Meeting November 15, 2004 Agenda Page 4 of 5 Lauren E. Cunningham, 2004 Miss Tustin, noted that pageant helps build self-esteem and earn scholarship money. Motion: It was moved by Mayor Kawashima, seconded by Councilmember Davert to donate $2,500. Motion carried 3-1-1, Mayor Pro Tem Bone opposed and Councilmember Hagen abstained. 11. TUSTIN COMMUNITY FACILITIES DISTRICT NO. 04-1 -AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $13 MILLION AGGREGATE PRINCIPAL AMOUNT OF SPECIAL TAX BONDS Motion: 11.a. Adopt resolution; and RESOLUTION NO. 04-92 - A Resolution of the City Council of the City of Tustin, California authorizing the issuance of not to exceed $13,000,000 aggregate principal amount of City of Tustin Community Facilities District No. 04-1 (Tustin Legacy/John Laing Homes) Special Tax Bonds, Series 2004, approving the execution and delivery of an Indenture, an Acquisition and Funding Agreement, a Bond Purchase Agreement and a Continuing Disclosure Agreement and the preparation of an Official Statement, and other matters related thereto 11.b. Authorizing the Mayor, City Manager, City Attorney and the Finance Director to execute the Indenture between the District and US Bank as Trustee, an Acquisition and Funding Agreement between the District and WL Homes LLC, a Bond Purchase Agreement between the District and CitiGroup Global Markets, Inc., a Continuing Disclosure Agreement between the District and US Bank as Trustee and US Bank as Dissemination Agent, the preparation of an Official Statement, and other matters related to the District and bond issue. It was moved by Councilmember Hagen, seconded by Mayor Kawashima, to approve Agenda Item 11 as recommended by staff. Motion carried 5-0. 12. CERTIFICATION OF SUPPLEMENT NO. 1 TO THE FINAL EIS/EIR FOR THE DISPOSAL AND REUSE OF THE MARINE CORPS AIR STATION -TUSTIN AND APPROVAL OF THE PROJECT ENTITLED EXTENSION OF TUSTIN RANCH ROAD BETWEEN WALNUT AVENUE AND THE FUTURE ALIGNMENT OF VALENCIA NORTH LOOP ROAD (THE "PROJECT") (CIP NO. 7100) Motion: It was moved by Councilmember Davert, seconded by Councilmember Hagen, to continue consideration of item to the December 6, 2004 Council Meeting. Motion carried 5-0. SECOND PUBLIC INPUT -None City Council Meeting November 15, 2004 Agenda Page 5 of 5 __ _ _ __ OTHER BUSINESS /COMMITTEE REPORTS Councilmember Davert: . Over $100,000 raised at Dino Dash event held last weekend; great success; Reported that Mayor Kawashima and he met with Supervisor Campbell to discuss Base; Tomorrow night fundraiser for Tustin Orchestra at Zmario Restaurant; Requested that City Attorney provide update on new proposition regarding Public Records Act; and Well wishes to Councilmember Thomas. Mayor Kawashima: Echoed Dino Dash success; Reported that he will be lobbying in Sacramento to receive funds for renovation of Library; Welcomed Jerry Amante to the Council; and Thanked Councilmember Thomas for 12 years of service. Councilmember Hagen: Reported that she lobbied in Sacramento for Library funds; hope to receive funds on November 30tH Mayor Pro Tem Bone: Thanked Councilmember Thomas for service; Thanked voters and staff for support and passage of Proposition 1A; Congratulated Mayor Kawashima on re-election and Jerry Amante for election; Commented on election results and passage of bonds that will cost the State over $1 Billion; . Congratulated veterans for participation in event over the weekend; and . Reported that he will be running for a seat on the Orange County Transportation Authority. Honorary Mayor Thomas: Thanked Council for comments; . Commented on Veteran's Day event; Provided health update and asked men to get regular checkups; and Thanked all for 12 years and looking forward to next Council meeting which will be his last as Councilmember. ADJOURNMENT - 7:48 P.M. The next regular meeting of the City Council is scheduled for Monday, December 6, 2004, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. City Council Meeting November 15, 2004 Agenda Page 6 of 5 ACTION AGENDA OF THE COMMUNITY REDEVELOPMENT AGENCY TUSTIN, CALIFORNIA NOVEMBER 15, 2004 CALL TO ORDER 7:48 p.m. ATTENDANCE Present: Chair Tony Kawashima, Chair Pro Tem Lou Bone, Agency Members Doug Davert, Tracy Worley Hagen, and Jeffery M. Thomas Absent: None Recording Secretary: Pamela Stoker Others Present: William A. Huston, Executive Director and Lois Jeffrey, City Attorney PUBLIC INPUT None BUSINESS CALENDAR 1. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 1, 2004 Motion: It was moved by Agency member Hagen, seconded by Agency member Davert, to approve the Redevelopment Agency Minutes of November 1, 2004. Motion carried 5-0. ADJOURNMENT - 7:49 P.M. -The next regular meeting of the Redevelopment Agency was scheduled for December 6, 2004, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. Community Redevelopment Agency Meeting November 15, 2004 Action Agenda Page 1 of 1