HomeMy WebLinkAbout06 CC Action Agenda 02-07-05
Report to the
Planning Commission
DATE:
FEBRUARY 14, 2005
SUBJECT:
CITY COUNCIL ACTION AGENDA
FEBRUARY 7,2005
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENTS: CITY COUNCIL ACTION AGENDA
FEBRUARY 7,2005
ITEM #6
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
FEBRUARY 7, 2005
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present:
Mayor Lou Bone, Mayor Pro Tem Doug Davert, Council members Jerry
Amante, Tracy Worley Hagen, and Tony Kawashima
None
Maria R. 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 ITEMS
A.
B.
CONFERENCES WITH LEGAL COUNSEL - PENDING AND ANTICIPATED
LITIGATION pursuant to Government Code Section 54956.9 subdivisions (a) and (c)
Pending Litigation is: Amy Harchol and Arther Masaoka vs. City of Tustin; Woodruff,
Spradlin & Smart; Greenleaf Demolition & Grading Company; and First American
Title Company, OCSC NO. 03CC11 089, and the Initiation of Litigation, involves one
(1 ) case
PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government
Code Section 54957, (Title: City Manager) and CONFERENCE WITH LABOR
NEGOTIATOR pursuant to Government Code Section 54957.6 (Negotiator: Mayor
or Mayor's designee) Re: Unrepresented Employee--City Manager
C.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8
Property: 305 Main Street
Neqotiators: Assistant City Manager Christine Shingleton (City) and
Tustin Masonic Temple Association (Owner)
Price and terms of payment
Under NeQotiation:
D.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8
Property: Property: Parcels 10 and 11 at former MCAS, Tustin
Neqotiators: Assistant City Manager Christine Shingleton and Amy
Freilich (City); and Rick Kuhl (Vestar/Kimco)
Price and Terms of Payment
Under NeQotiation:
City Council Meeting
Action Agenda
February 7, 2005
Page 1 of 11
PUBLIC MEETING
CALL TO ORDER - 7:03 P.M.
INVOCATION - Mayor Pro Tem Doug Davert
PLEDGE OF ALLEGIANCE - Bob Margulies, Tustin Post 227, American Legion
ROLL CALL
Present:
Mayor Lou Bone, Mayor Pro Tem Doug Davert, Councilmembers Jerry
Amante, Tracy Worley Hagen, and Tony Kawashima
None
Pamela Stoker
William A. Huston, City Manager and Doug Holland, Assistant City
Absent:
City Clerk:
Others Present:
Attorney
CLOSED SESSION REPORT - Nothing to report.
FIRST PUBLIC INPUT - Larry Brooks, spoke on fuel conservation programs
Greg Taddeo, read First Amendment from the California Constitution
PUBLIC HEARINGS
1.
TENTATIVE TRACT MAP 16782 AND DESIGN REVIEW 04-024
City Attorney Jeffrey stated that due to the proximity of the residential home of
Councilmember Tracy Worley Hagen, she would be abstaining on the item.
Public hearing to approve Tentative Tract Map 16782 and Design Review 04-024
for the subdivision of 5.33 acres into 25 numbered lots and 6 lettered lots for the
purpose of constructing 25 detached single-family dwellings, common area
landscape lots, and fuel modification lot within a gated community maintained by a
homeowners association.
Applicant: Lennar South Coast
Owners: Jamboree Worship Center and Tustin Ranch Estates Maintenance
Association
Legal Notice published in the Tustin News on January 13, 2005
Community Development Director Elizabeth Binsack presented staff report.
Public hearing opened at 7:15 p.m.
City Council Meeting
Action Agenda
February 7, 2005
Page 2 of 11
Peggy Turk Michaels, Tustin Ranch Estates homeowner inquired if the land had
been sold. Community Development Director Binsack responded that the President
of the HOA board signed map and authorization to proceed with processing of app.
Tom Saltarelli represents landowner Jamboree Worship Center addressed the
Council regarding the development.
Public hearing closed at 7:38 p.m.
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem
Davert to adopt resolutions. Motion carried 4-0-1 (Hagen abstained).
RESOLUTION NO. 05-25 - A resolution of the City Council of the City of
Tustin, California, finding the Mitigated Negative Declaration as adequate to
approve Tentative Tract 16782 and Design Review 04-024 as required by the
California Environmental Quality Act
RESOLUTION NO. 05-26 - A resolution of the City Council of the City of
Tustin, California approving Tentative Tract Map 16782 and Design Review
04-024, to subdivide 5.33 acres into 25 numbered lots and 6 lettered lots for
the purpose of developing 25 detached Single-Family Dwellings on lots 7,
KKK, S, and T of Tract 12780 and a portion of lot S of Tract 15563
2.
GENERAL PLAN AMENDMENT 04-001, PREZONE 04-001, AND SPECIFIC PLAN
AMENDMENT/ZONE CHANGE 04-001
The applicant is requesting a General Plan Amendment and Prezone related to the
proposed annexation of Marine Corps Air Station (MCAS) Tustin Disposition Parcel
36, and a Zone Change/Specific Plan Amendment to establish new site development
standards for MCAS Tustin Disposition Parcel 36. The project was scheduled for a
public hearing before the Planning Commission on January 24, 2005, which has
been continued to the February 14, 2005 meeting of the Planning Commission.
Applicant / Owner: Moffett Meadows Partners LLC
Legal Notice published in the Tustin News on January 13, 2005
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Amante to continue the public hearing to February 22, 2005. The continuation of the
public hearing would enable the City Council to consider the proposed General Plan
Amendment, Prezone, and Zone Change (MCAS Tustin Specific Plan Amendment)
immediately prior to the consideration of the related entitlement applications, which
are also recommended to be continued to February 22, 2004. Motion carried 5-0.
3.
SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-003, CONCEPT PLAN 03-003,
TENTATIVE TRACT MAP 16581, DESIGN REVIEW 04-006 (COLUMBUS
City Council Meeting
Action Agenda
February 7,2005
Page 3 of 11
SQUARE)
The applicant is proposing to construct 1,077 residential units within Planning Area 4
and 5 of MCAS Tustin Specific Plan, on a 105.5-acre site that includes Conveyance
Parcel 23 and 24. The project was scheduled for a public hearing before the
Planning Commission on January 24, 2005, which has been continued to February
14, 2005 meeting of the Planning Commission.
Applicant / Owner: Marble Mountain Partners LLC
Legal Notice published in the Tustin News on January 13, 2005
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Amante to continue the public hearing to February 22, 2005. While staff has been
working with the applicant to expedite processing of the project, the continuation of
the public hearing would allow the applicant additional time to ensure that a complete
development application is presented to the Planning Commission and City Council.
Motion carried 5-0.
4.
SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-002, CONCEPT PLAN 03-004,
TENTATIVE TRACT MAP 16582, DESIGN REVIEW 04-004 (COLUMBUS GROVE)
The applicant is proposing to construct 465 residential units within Planning Area 21
of MCAS Tustin on an 86.26-acre site that includes Parcel 35 in City of Tustin and
Parcel 36 in City of Irvine proposed to be annexed to City of Tustin under separate
action. The project was scheduled for a public hearing before the Planning
Commission on January 24, 2005, which has been continued to February 14, 2005
meeting of the Planning Commission.
Applicant / Owner: Marble Mountain Partners LLC
Legal Notice published in the Tustin News on January 13, 2005
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Amante to continue the public hearing to February 22, 2005. While staff has been
working with the applicant to expedite processing of the project, the continuation of
the public hearing would allow the applicant additional time to ensure that a complete
development application is presented to the Planning Commission and City Council.
Motion carried 5-0.
CONSENT CALENDAR - It was moved by Councilmember Hagen, seconded by
Councilmember Amante, to approve Consent Calendar items 5, 6, and 8 through 17 as
recommended by staff. Motion carried 5-0.
Items 7,18 and 19 were pulled for separate discussion.
5.
APPROVAL OF MINUTES - REGULAR MEETING OF JANUARY 17, 2005
City Council Meeting
Action Agenda
February 7, 2005
Page 4 of 11
Motion: Approve the Regular City Council Meeting Minutes of January 17, 2005.
6.
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $764,851.73; $2,877,679.13 and
$1,179,944.54; reversals in the amount of $11,732.30; and Payroll in the amount of
$767,330.62 and $553,787.59
7.
PLANNING ACTION AGENDA - JANUARY 24, 2005
All actions of the Planning Commission become final unless appealed by the City
Councilor member of the public.
Mayor Pro Tem Davert questioned whether the issue at St. Cecilia Church had been
resolved; Community Development Director Binsack reported that it had been
settled.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Amante to ratify the Planning Commission Action Agenda of January 24, 2005.
Motion carried 5-0.
8.
SELECTION OF OUTSIDE AUDITORS FOR THE FIVE YEAR PERIOD
BEGINNING JUNE 30, 2005
Motion: Authorize the Finance Director to sign an agreement with Moreland &
Associates, Inc. for annual audit services beginning with the fiscal year ending June
30, 2005 through fiscal year ending June 30, 2009.
9.
CONSIDERATION OF CLAIM OF PAULETTE GREEN, CLAIM 04-32
Motion: That the City Council deny Claim No. 04-32, Paulette Green, and direct
the Finance Director to send notice thereof to the Claimant.
10.
AMENDMENT TO THE 2004-05 ACTION PLAN
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
FOR COMMUNITY
Motion: Adopt resolution.
RESOLUTION NO. 05-23 - A resolution of the City Council of the City of
Tustin, California, approving amendment to the City's 2004-05 Action Plan
for Community Development Block Grant (CDBG) Program by reallocating
$689,302.00 of CDBG funds from Newport Avenue Street Improvement
activity to various activities and authorizing submission of the amendment to
City Council Meeting
Action Agenda
February 7, 2005
Page 5 of 11
the Federal Department of Housing and Urban Development
11.
CENTENNIAL PARK RESTROOM AND TOT LOT RENOVATION (PROJECT NO.
2056) RESOLUTION NO. 05-27 ACCEPTANCE OF PUBLIC IMPROVEMENTS
AND AUTHORIZATION TO FILE NOTICE OF COMPLETION
Motion:
11.a. Adopt resolution; and
RESOLUTION NO. 05-27 - A resolution of the City Council of the City of
Tustin, California, accepting works of improvement and authorizing
recordation of Notice of Completion for Centennial Park Restroom and Tot
Lot Renovation (Project No. 2056)
11.b. Authorize the recordation of the Notice of Completion; and direct the City
Clerk to:
1. Release the Labor and Materials Bond no sooner than 35 days after the
date of recordation of the Notice of completion; and
2. Release the Faithful Performance Bond no sooner than one year after
the date of recordation of the Notice of Completion.
12.
AWARD OF CONTRACT FOR CONSTRUCTION OF THE OLD TOWN TUSTIN
COMMERCIAL DISTRICT SIGN PROGRAM (CIP NO. 4065)
Motion: It is recommended that the City Council award the construction contract
for the Old Town Tustin Commercial District Sign Program (CIP No. 4065), to
Bravo Sign & Design, Inc., the lowest responsible bidder in the amount of
$194,790.00 and authorize the Mayor and the City Clerk to execute the contract
documents on behalf of the City.
13.
AUTHORIZATION TO SOLICIT BIDS FOR REPLACEMENT OF REVERSE
OSMOSIS MEMBRANE ELEMENTS
Motion: Authorize the City Clerk to advertise and solicit bids for the purchase of
three-hundred eighteen (318) replacement Membrane Elements for the City's
Desalter.
14.
ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR
PARCEL MAP NO. 2003-131 (ARMSTRONG GARDEN CENTER)
Motion: It is recommended that the City Council release the following bonds in the
indicated amounts:
City Council Meeting
Action Agenda
February 7,2005
Page 6 of 11
Faithful Performance Bond, No. 66111480
Labor and Material Bond, No. 66111480
Monumentation Bond, No. 66111481
$ 38,500.00
$ 19,000.00
$ 2,000.00
15.
RELEASE OF BONDS FOR TRACT NO. 16184 (STANDARD PACIFIC HOMES)
Motion: It is recommended that the City Council release the following bonds in the
indicated amounts:
Faithful Performance Bond No. 111 27464763
Labor and Material Bond No. 111 27464763
Subdivision Warranty Bond No. 111 27464763-M
$64,000.00
$32,000.00
$6,400.00
16.
AWARD OF CONTRACT FOR CONSTRUCTION OF THE ANNUAL MAJOR
MAINTENANCE PROJECT, FY 2004-2005 (CIP NO. 7001), AND ANNUAL
SIDEWALK REPAIR PROJECT, FY 2004-2005 (PROJECT NO. 402-6235)
Motion: Award the construction contract for the Annual Major Maintenance
Project, FY 2004-2005 (CIP No. 7001), and Annual Sidewalk Repair Project, FY
2004-2005 (Project No. 402-6235), to Hardy & Harper, Inc., the lowest responsible
bidder in the amount of $462,858.07, and authorize the Mayor and the City Clerk
to execute the contract documents on behalf of the City.
17.
SALARY BENEFIT RESOLUTION FOR MANAGEMENT AND EXECUTIVE
MANAGEMENT EMPLOYEES
Motion: Adopt resolution.
RESOLUTION NO. 05-22 - A resolution of the City Council of the City of
Tustin relating to compensation and benefits for Unrepresented Executive
Management and Management employees and superseding Resolution No.
04-23
18.
COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY OF TUSTIN AND
MARBLE MOUNTAIN PARTNERS, LLC
Assistant City Manager Christine Shingleton notified Council that revised
agreement had been received.
Rick Knowland, Lennar - Marble Mountain Partners addressed the Council.
Motion: It was moved by Councilmember Hagen, seconded by Mayor Pro Tem
Davert to approve Cooperative Agreement by and between the City of Tustin and
Marble Mountain Partners, LLC. Said agreement will provide advance funds for
City Council Meeting
Action Agenda
February 7,2005
Page 7 of 11
design and construction of facilities as part of Phase I Tustin Legacy Backbone
Infrastructure Program as more specifically defined in CIP Project No. 7139.
Motion carried 5-0.
19.
AWARD OF CONTRACT FOR CONSTRUCTION OF THE PHASE 1 TUSTIN
LEGACY BACKBONE INFRASTRUCTURE PROJECT (VALENCIA NORTH
LOOP ROAD, ARMSTRONG AVENUE, LANDSDOWNE ROAD, SEVERYNS
ROAD, AND WEST CONNECTOR ROAD) (CIP NO. 7139)
Bids for this project have been received and a construction contract is ready to be
awarded. The proposed project will construct street, traffic signal, parkway,
sidewalk, storm drain, domestic water, reclaimed water, sanitary sewer, and dry
utility backbone infrastructure improvements on Valencia North Loop Road,
Armstrong Avenue, Landsdowne Road, Severyns Road, and West Connector
Road at Tustin Legacy.
Joe Forbath advised Council that bids had been reviewed and lowest bidder meets
the requirements of the law.
Motion:
19.a. It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Amante to deny the bid protest submitted by Sialic Contractors Corporation
dba Shawnan. Motion carried 5-0.
19.b. It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Amante to award the construction contract for the Phase 1 Tustin Legacy
Backbone Infrastructure Project (Valencia North Loop Road, Armstrong
Avenue, Landsdowne Road, Severyns Road, and West Connector Road)
(CIP No. 7139) to SEMA Construction, Inc., the lowest responsive,
responsible bidder, in the amount of $23,798,202.50 to be effective
February 15, 2005, and authorize the Mayor and the City Clerk to execute
the contract documents on behalf of the City. Motion carried 5-0.
REGULAR BUSINESS
20.
ADOPTION OF AN URGENCY ORDINANCE AMENDING CITY CODE
SECTIONS 4311 AND 4327 PERTAINING TO THE RECYCLING OF
CONSTRUCTION AND DEMOLITION DEBRIS TO CONFORM TO
REQUIREMENTS OF THE SECOND TIME EXTENSION (AB 939 AND SB 1066)
APPROVED BY THE INTEGRATED WASTE MANAGEMENT BOARD
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Kawashima to adopt ordinance. Motion carried 5-0.
ORDINANCE NO. 1293 - An urgency ordinance of the City of Tustin,
California, amending Sactions 4311 and 4327 of the Tustin City Code
City Council Meeting
Action Agenda
February 7,2005
Page 8 of 11
pertaining to the diversion of construction and demolition debris to conform
to requirements of the second time extension (AB 939 & SB 1066)
approved by the Integrated Waste Management Board
21.
TIME LIMIT EXTENSIONS FOR THE TOWN CENTER AND SOUTH CENTRAL
REDEVELOPMENT PLANS
Time limit extensions of the Redevelopment Plans effectiveness and the ability to
collect tax increment for the Town Center and the South Central Redevelopment
Project Areas.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Kawashima to introduce and have first reading by title only of the following
ordinances. Motion carried 5-0.
ORDINANCE NO. 1291 - An ordinance of the City Council of the City of
Tustin, California, extending the time limit of the effectiveness of the
Redevelopment Plan for the Town Center Redevelopment Plan; extending
the time limit for payment of indebtedness and receipt of property taxes
under the redevelopment plan for the Town Center Redevelopment Project
Area and making other findings in connection therewith
ORDINANCE NO. 1290 - An ordinance of the City Council of the City of
Tustin, California, extending the time limit of the effectiveness of the
Redevelopment Plan for the South Central Redevelopment Plan; extending
the time limit for payment of indebtedness and receipt of property taxes
under the Redevelopment Plan for the South Central Redevelopment
Project Area; and making other findings in connection therewith
22.
CITIZEN PARTICIPATION
PROGRAM YEAR 2005-06
COMMITTEE
APPOINTMENT
FOR
CDBG
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Amante to appoint Tracy Worley Hagen and Leslie Pontious as at-large to serve on
the Citizen Participation Committee for Community Development Block Grant
(CDBG) Program Year 2005-06. Motion carried 5-0.
23.
CONSIDERATION OF AUDIT COMMITTEE VACANCY
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Hagen to appoint Thomas Stroud to the Audit Committee for a term expiring March
of 2007. Motion carried 5-0.
SECOND PUBLIC INPUT - None
City Council Meeting
Action Agenda
February 7, 2005
Page 9 of 11
OTHER BUSINESS / COMMITTEE REPORTS
Councilmember Amante:
. Reported that along with Mayor and First Lady of Tustin, helped to judge Irvine Valley
College's Astounding Invention Convention;
. Along with Mayor met with Congressman Cox to update on current status of Tustin
Legacy and also submitted transportation project report; and
. Commented on waste of taxpayer dollars on projects such as Centerline, suggested
Orange County Transportation Authority may propose other programs to help transit.
Councilmember Kawashima:
. Congratulated Thomas Stroud, newest member of the Audit Committee, encouraged
others to get involved in different committees/commissions; and
. Requested to agendize appointments to various regional boards.
Councilmember Hagen:
. Discussed recycling program, diversion numbers falling short, encouraged residents and
businesses to recycle, suggested that Tustin Pride may be able to provide assistance;
. Announced that Centerline issue has been cancelled; and
. Commented on the dangers of running red lights.
Mayor Pro Tem Davert:
. Congratulated Dana Ogdon on promotion to Assistant Director of Community
Development;
. Attended meeting with G-Tech to discuss library and overall base development progress
and other items;
. Elected Vice-Chair of Operations, Maintenance and Technical Services Committee of
Orange County Sanitation District;
. Offered condolences to the family of former City Clerk, Mary Winn who passed away last
week;
. Regional Housing Needs Allocation mandate not fund by government's current proposal;
. Southern California Association of Governments meeting discussed an action pending to
revise the required 2/3 vote to increase taxes to 55%, SB44 would add another mandate
to General plan dealing with air quality;
. Hosted Supervisor Campbell and Judge Jensen at Tustin Legacy, requested input from
residents on use of hangars;
. Centerline is no longer a valid project; and
. Traffic continued to be a problem at Pioneer Middle School, suggested further discussion
and possible expenditures to fix problem.
Mayor Bone:
. Thanked staff on completion of Centennial Park renovations, inquired about landscaping;
. Annual sidewalk maintenance program approved which would improve sidewalks and
curbs;
. Measure M extension would be on 2006 ballot, requested presentation from the
committee, City Manager Bill Huston responded staff would look into it; .
. Attended Mayor's luncheon, discussed issues facing communities including shopping cart
control and garage sales;
City Council Meeting
Action Agenda
February 7, 2005
Page 10 of 11
.
Mentioned a County Supervisor of neighboring district was proposing Orange County
Board of Supervisors address legislation to take 50% of redevelopment funds for County's
general fund;
Water Advisory Committee of Orange County report, Tustin usage year-to-date was down
over 600 acre feet;
League of California Cities report - attended a policy committee meeting that discussed
three goals for 2005: expand housing supply and affordability, expand investment and
infrastructure and protect critical redevelopment funding for cities; and
Asked Councilmember Hagen to comment on Medix issue with Orange County Fire
Authority. Councilmember Hagen responded that Orange County Fire Authority had hired
a consultant to review Medix's new proposal of downsizing from 24 ambulances to 16 and
continue to provide adequate service.
.
.
.
ADJOURNMENT - 8:02 p.m. - The next regular meeting of the City Council was scheduled
for Tuesday, February 22, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way,
Tustin.
Adjourn in memory of
former City Clerk
Mary Winn
City Council Meeting
Action Agenda
February 7, 2005
Page 11 of 11
ACTION AGENDA OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
FEBRUARY 7, 2005
CALL TO ORDER
8:02 p.m.
ATTENDANCE
Present:
Absent:
Recording Secretary:
Others Present:
Chair Lou Bone, Chair Pro Tem Doug Davert, Agency Members
Jerry Amante, Tracy Worley Hagen, and Tony Kawashima
None
Pamela Stoker
William A. Huston, Executive Director and Lois Jeffrey, Assistant
City Attorney
PUBLIC INPUT
None
BUSINESS CALENDAR
1.
APPROVAL OF MINUTES - REGULAR MEETING OF JANUARY 17, 2005
Motion: It was moved by Chair Pro Tem Davert, seconded by Agency member
Kawashima, to approve the Redevelopment Agency Minutes of January 17,
2005. Motion carried 5-0.
ADJOURNMENT - 8:03 P.M. - The next regular meeting of the Redevelopment Agency
was scheduled for Tuesday, February 22, 2005, at 7:00 p.m. in the Council Chamber, 300
Centennial Way, Tustin.
Community Redevelopment Agency Meeting
Action Agenda
February 7, 2005
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