Loading...
HomeMy WebLinkAbout04 MINUTES 02-22-05MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA Agenda Item Reviewed: City Manager Finance Director FEBRUARY 7,2005 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Councilmembers Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None City Clerk: Absent: Maria R. Huizar, Chief Deputy City Clerk Others Present: William A. Huston, City Manager and Lois Jeffrey, City Attorney PUBLIC INPUT - None CLOSED SESSION ITEMS A. 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 B. 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 Negotiation: 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 Negotiation: City Council Meeting Minutes 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 Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Lois Jeffrey, City 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 Council member 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 Minutes 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 application. Tom Saltarelli, representing landowner Jamboree Worship Center, addressed the Council regarding the development. Public hearing closed at 7:38 p.m. Motion: It was moved by Council member Amante, seconded by Mayor Pro Tem Davert to adopt resolutions. Motion carried 4-0-1 (Hagen abstai'ned). 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. City Council Meeting Minutes February 7, 2005 Page 3 of 11 3. SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-003, CONCEPT PLAN 03-003, TENTATIVE TRACT MAP 16581, DESIGN REVIEW 04-006 (COLUMBUS 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 Council member Amante, to approve Consent Calendar items 5, 6, and 8 through 17 as recommended by staff. Motion carried 5-0. City Council Meeting Minutes February 7, 2005 Page 4 of 11 Items 7,18 and 19 were pulled for separate discussion. 5. APPROVAL OF MINUTES - REGULAR MEETING OF JANUARY 17, 2005 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 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Motion: Adopt resolution. City Council Meeting Minutes February 7, 2005 Page 5 of 11 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 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. City Council Meeting Minutes February 7, 2005 Page 6 of 11 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: 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 February 7, 2005 Page 7 of 11 City Council Meeting Minutes 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 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 City Council Meeting Minutes February 7, 2005 Page 8 of 11 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 Sections 4311 and 4327 of the Tustin City Code 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 COMMITTEE APPOINTMENT FOR CDBG PROGRAM YEAR 2005-06 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. City Council Meeting Minutes February 7, 2005 Page 9 of 11 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 temn expiring March of 2007. Motion carried 5-0. SECOND PUBLIC INPUT - None 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 Bone, 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 that future regional board appointments be agendized. 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 had 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 for Orange County Sanitation District; Offered condolences to the family of fomner City Clerk, Mary Winn who passed away last week; Regional Housing Needs Allocation program was not funded by government's current proposal; Southern California Association of Governments meeting discussed two pending actions: ACA7 to lower the required 2/3 vote necessary to increase taxes, to only 55%, SB44 would add another mandate to city's General Plan dealing with air quality; Hosted Supervisor Campbell and Judge Jensen at Tustin Legacy, requested input from residents on use of blimp hangars; Centerline is no longer a valid project; and City Council Meeting Minutes February 7, 2005 Page 10 of 11 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; This year's Annual Major Maintenance and Sidewalk Repair Program would expend half a million dollars to repair streets and sidewalks in various locations throughout the City; Measure M extension would be on 2006 ballot, requested presentation from OCTA, 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; Mentioned the Orange County Board of Supervisors would look into addressing legislation that would acquire 50% of city's redevelopment funds for County's general fund; Water Advisory Committee of Orange County report, Tustin water 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 Council member 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 providing improved 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 Minutes February 7, 2005 Page 11 of 11