HomeMy WebLinkAbout01 CC MINUTES 03-21-05
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
Agenda Item
Reviewed: Vfff
City Manager
Finance Director ~
MARCH 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
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.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8
Propertv:
Property defined within the Master Developer
footprint at Tustin Legacy (the former Marine
Corps Air Station Tustin) including Reuse Plan
Disposal Parcels 4,5,6,7, 8, 13, 14, 15, 16, 17,
25, 26, 27, 28, 29, 30, 31 and portions of Reuse
Plan Disposal Parcel 40.
Citv Neqotiators:
Christine Shingleton, Assistant City Manager and
Amy Freilich, Special Legal Counsel.
Neqotiators for Tustin Leqacv Communitv Partners: Jack R. Godard,
Lindquist, and Richard Douglass.
Susan
Under Neqotiation:
Price and Terms of Payment.
B.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8
Propertv:
Reuse Plan Disposal Parcels 10, 11 & 12 at Tustin
Legacy.
City Council Meeting
Minutes
March 7, 2005
Page 1019
Citv Neqotiators:
Christine Shingleton, Assistant City Manager and
Amy Freilich, Special Legal Counsel.
Neqotiators for Vestar/Kimco:
Rick' Kuhl.
Under Neqotiation:
Price and Terms of Payment.
C.
CONFERENCE WITH CITY ATTORNEY REGARDING INITIATION OF LITIGATION
- The City Council shall confer with the City Attorney regarding the potential initiation
of litigation, pursuant to subdivision (c) of Government Code Section 54956.9, one
(1) case.
PUBLIC MEETING
CALL TO ORDER - 7:05 P.M.
INVOCATION - Councilmember Tracy Worley Hagen
PLEDGE OF ALLEGIANCE - Mayor Pro Tem Doug Davert
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 Lois Jeffrey, City Attorney
Absent:
City Clerk:
Others Present:
CLOSED SESSION REPORT - Nothing to report.
FIRST PUBLIC INPUT - None
PUBLIC HEARING
1.
VESTING TENTATIVE TRACT MAP 16790: 1361 EL CAMINO REAL
Vesting Tentative Tract Map 16790 is a request to subdivide an existing 4.99 acre
site located at 1361 EI Camino Real into one (1) lot for the purpose of developing
ninety-three (93) residential condominium units. On February 14, 2005, the Planning
Commission recommended that the City Council approve Vesting Tentative Tract
City Council Meeting
Minutes
March 7, 2005
Page 2 019
Map 16790 and approved Design Review 04-025.
Owner/Applicant:
Nevis Tustin, LLC
Legal Notice published in the Tustin News on January 20, 2005.
Community Development Director Elizabeth Binsack presented staff report.
Public hearing opened at 7:12 p.m.
. Karen Sulley, Sheldon Group representative, spoke on behalf of the project.
. Steve Sheldon addressed the Council regarding relocation of existing tenants.
. Danny Aguilar spoke as a tenant in the project and expectations of property
management company.
. Judith Hunt spoke in opposition to project.
Public hearing closed at 7:20 p.m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Hagen, to adopt Resolution Nos. 05-44 and 05-45. Motion carried 5-0.
RESOLUTION NO. 05-44 - A resolution of the City Council of the City of
Tustin, California, adopting the Final Mitigated Negative Declaration as
adequate for Vesting Tentative Tract Map 16790, as required by the California
Environmental Quality Act.
RESOLUTION NO. 05-45 - A resolution of the City Council of the City of
Tustin approving Vesting Tentative Tract Map 16790 to subdivide an
existing 4.99 acre parcel into one (1) numbered lot to accommodate
development plans approved by Design Review 04-025, which authorized
the construction of ninety-three (93) residential condominium units at 1361
EI Camino Real.
CONSENT CALENDAR - It was moved by Mayor Pro Tem Davert, seconded by
Council member Kawashima, to approve Consent Calendar items 2 through 12 as
recommended by staff. Motion carried 5-0.
2.
APPROVAL OF MINUTES - REGULAR MEETING OF FEBRUARY 22,2005
Motion: Approve the Regular City Council Meeting Minutes of February 22, 2005.
3.
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $396,951.44 and $781,498.19 and
Payroll in the amount of $495,464.47.
City Council Meeting
Minutes
March 7, 2005
Page 3 019
4.
5.
6.
7.
8.
PLANNING ACTION AGENDA - FEBRUARY 28, 2005
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 February 28, 2005.
CONSIDERATION OF CLAIM OF STEPHEN S. WEBSTER, CLAIM 05-06
Motion: That the City Council deny Claim No. 05-06 and direct Staff to send a
denial letter to Mr. Stephen S. Webster.
CONSIDERATION OF CLAIM OF DALIDA KARAT AS , CLAIM 05-09
Motion: That the City Council deny Claim No. 05-09 and direct the Finance
Director to send notice thereof to the Claimant.
AMEND ADOPTED RESOLUTION NO. 05-40
Request that the City Council amend Resolution No. 05-40, which originally
approved Tentative Tract Map 16581, subdividing 105.5 acres into 386 numbered
lots and 186 lettered lots for the purpose of developing 1,077 residential units in
Planning Areas 4 and 5 of the MCAS-Tustin Specific Plan and will now modify
Condition 12.1 with respect to adjusted calculations for Lennar Development park
credit.
Motion: Adopt amended Resolution No. 05-40.
RESOLUTION NO. 05-40 - A resolution of the City Council of the City of
Tustin approving Tentative Tract Map 16581 to subdivide 105.5 acres
bounded by Edinger Avenue on the North, Valencia North Loop Road on the
South, an Industrial Business Park and Severyns Road on the West, and west
connector road on the east for the purpose of developing 1,077 residential
units within Planning Area 4 and Planning Area 5 of the MCAS-Tustin Specific
Plan (Reuse Plan Disposal Parcel 23 and Parcel 24).
AWARD OF CONTRACT FOR CONSTRUCTION OF THE AL TADENA
DRIVE/PASADENA AVENUE PEDESTRIAN ENHANCEMENTS PROJECT (CIP
NO. 4063)
Motion: Award the construction contract for the Altadena Drive/Pasadena Avenue
Enhancements Project (CIP No. 4063), to Elite Bobcat Services, Inc., the lowest
City Council Meeting
Minutes
March 7, 2005
Page 4 of 9
9.
10.
11.
12.
responsible bidder in the amount of $141 ,335.00 and authorize the Mayor and City
Clerk to execute the contract documents on behalf of the City.
APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE NEWPORT AVENUE EXTENSION/SR-55
RAMP RECONFIGURATION PROJECT (CIP NO. 7130) AND THE EDINGER
AVENUE WIDENING PROJECT (CIP NO. 7147 IN THE CITY OF TUSTIN AND
CIP NO. 2585 IN THE CITY OF SANTA ANA)
Motion: Adopt resolution.
RESOLUTION NO. 05-05 - A resolution of the City Council of the City of
Tustin, California approving Plans and Specifications for the Newport
Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130)
and the Edinger Avenue Widening Project (CIP No. 7147 in the City of
Tustin and CIP No. 2585 in the City of Santa Ana) and authorizing
advertisement for bids.
AMENDMENT NO.5 TO THE EMPLOYMENT AGREEMENT WITH THE CITY
MANAGER
Motion: Adopt resolution.
RESOLUTION NO. 05-46 - A resolution of the City Council of the City of
Tustin, California, approving Amendment No.5 to the employment
agreement with the City Manager.
800 MEGAHERTZ COUNTYWIDE COORDINATED
SYSTEM (CCCS) JOINT AGREEMENT
COMMUNICATIONS
Motion: Approve and execute a Joint Agreement for the Operation, Maintenance
and Financial Management of the 800 MHz CCCS dated November 2004 and
authorize the City Clerk to execute copies thereof.
CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN AND
CONSTRUCTION DRAWINGS AND RELATED SERVICES FOR THE TUSTIN
LIBRARY PROJECT
Motion:
12.a. Approve and authorize the Assistant City Manager to execute a Consultant
Services Agreement with Field Paoli Architects, Inc. for the preparation of
design and construction plans and related services, subject to any minor
corrections that may be required by the City Attorney; and
City Council Meeting
Minutes
March 7, 2005
Page 5 of 9
12.b. Appropriate $1,000,000 out of unappropriated trust funds (account no. 50.
000-2604/9223) to the Capital Improvement Program design account no.
02-999-6018 (CIP 1045).
REGULAR BUSINESS
13.
GRAD NIGHT FUNDING
Tustin High School is requesting a $2,500 donation from the City to support Grad
Nite Activities.
Motion: It was moved by Councilmember Hagen, seconded by Mayor Pro Tem
Davert, to donate $2,500. Motion carried 4-1, Mayor Bone opposed.
14.
SET INTERVIEW DATE FOR PARKS AND RECREATION COMMISSION AND
PLANNING COMMISSION VACANCIES
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Amante, to set interviews for Parks and Recreation Commission and Planning
Commission vacancies to the March 21, 2005 Council Meeting. Motion carried 5-
O.
15.
SECOND READING AND ADOPTION OF ORDINANCE NO. 1292: AMENDING
SECTION 1538 OF THE TUSTIN CITY CODE REGARDING THE AUDIT
COMMITTEE
Proposed ord.inance to modify the residency requirements for members of the Audit
Committee.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Kawashima, to have second reading by title only and adoption of Ordinance No.
1292 (Roll call vote). Motion carried 5-0.
ORDINANCE NO. 1292 - An ordinance of the City Council of the City of
Tustin, California amending section 1538 of the Tustin City Code regarding
the Audit Committee.
16.
SECOND READING AND ADOPTION OF ORDINANCE NOS. 1294 AND 1295:
GENERAL PLAN AMENDMENT 04-001, PREZONE 04-001, AND SPECIFIC PLAN
AMENDMENT/ZONE CHANGE 04-001
Moffett Meadows Partners LLC is requesting a General Plan Amendment and
City Council Meeting
Minutes
March 7, 2005
Page 6 of 9
--"""'" . -. .-... .-.-....-..----...-.--.--...--.------..-...-...
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.
Proposed ordinances will facilitite project.
Motion:
16.a. It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Hagen, to have second reading by title only and adoption of Ordinance No.
1294 (Roll call vote). Motion carried 5-0.
ORDINANCE NO. 1294 - An ordinance of the City Council of the City of
Tustin, adopting Prezone 04-001 prezoning MCAS Tustin Specific Plan
Disposition Parcel 36 from the City of Irvine "2.3 Medium Density Residential"
Zoning District to the City of Tustin "MCAS Tustin Specific Plan" Zoning
District (SP-1 Specific Plan).
16.b. It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Kawashima, to have second reading by title only and adoption of Ordinance
No. 1295 (Roll call vote). Motion carried 5-0.
ORDINANCEN NO. 1295 - An ordinance of the City Council of the City of
Tustin, adopting zone change (MCAS Tustin Specific Plan Amendment) 04-
001 to amend Sections 3.9.4 and 3.13.2 of the MCAS Tustin Specific Plan to
establish new site development standards for MCAS Tustin Specific Plan
Disposition Parcel 36.
17.
SECOND READING AND ADOPTION OF ORDINANCE NO. 1296: TENTATIVE
TRACT MAP 16582 AND SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-002
Moffett Meadows Partners LLC is requesting approval of Tentative Tract Map 16582
for the subdivision of 86.26 acres and the development of 386 numbered lots and 68
lettered lots for the purpose of developing 465 residential units including 211 single
family detached units, 68 carriage way units, and 184 condominium units. To allow
for the development of carriage way residences and the development of a
condominium project that does not meet the current ten-acre minimum development
site requirement; the applicant is also requesting Specific Plan Amendment/Zone
Change 04-002. Proposed ordinance will facilitate project.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Amante, to have second reading by title only and adoption of Ordinance No. 1296
(Roll call vote). Motion carried 5-0.
ORDINANCE NO. 1296 - An ordinance of the City Council of the City of
Tustin, adopting Zone Change 04-002 to permit the development of detached
carriage way single family dwelling units and establish related development
standards and amend the requirement for a 10-acre minimum development
City Council Meeting
Minutes
March 7, 2005
Page 7 of 9
site for condominiums and multiple family dwellings in MCAS Tustin Specific
Plan Planning Area 21.
18.
SECOND READING AND ADOPTION OF ORDINANCE NO. 1297: TENTATIVE
TRACT MAP 16581 AND SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-003
Moffett Meadows Partners LLC is requesting approval of Tentative Tract Map 16581
for the subdivision of 105.5 acres for the purpose of developing 1,077 residential
units. To allow for the development of Carriage Way residences and the
development of a condominium project that does not meet the current ten-acre
minimum development site requirement, the applicant is also requesting Specific
Plan Amendment/Zone Change 04-003. Proposed ordinance will facilitate project.
Motion: It was moved by Council member Hagen, seconded by Mayor Pro Tem
Davert, to have second reading by title only and adoption of Ordinance No. 1297
(Roll call vote). Motion carried 5-0.
ORDINANCE NO. 1297- An ordinance of the City Council of the City of
Tustin, adopting Zone Change 04-003 to permit the development of detached
carriage way single family dwelling units in Planning Areas 4 and 5 and
establish related development standards and amend the requirement for a 10-
acre minimum development site for condominiums and multiple family
dwellings in MCAS Tustin Planning Area 4.
SECOND PUBLIC INPUT - None
OTHER BUSINESS / COMMITTEE REPORTS
Councilmember Amante:
Attended Miss Tustin Contest and congratulated contestants and winner Christiana Elyse
Molina; and
Commented on article in paper regarding State government legislation and Centerline.
Councilmember Kawashima:
Remarked on recent article in Orange County Register regarding premature decision to
bring down hangars at the'Base, which is yet to be determined; and
. Announced he would be Principal for a Day at Peters Canyon Elementary School.
Councilmember Hagen:
Thanked everyone involved in the Miss Tustin Contest, thanked Police Chief Jordan who
helped judge the contest; and
Requested that a donation from the City to Foothill High School for Grad Night be added
to the next Council Meeting Agenda.
City Council Meeting
Minutes
March 7, 2005
Page 8 of 9
....,---, ....--,...-,.-.---- -......,.......--.--...-...
Mayor Pro Tem Davert:
. Also commented on article regarding hangars at MCAS Tustin;
. Announced that Tustin High School Orchestra would play at Carnegie Hall on March 26th
and invited all to attend the sending-off ceremony on Friday, March 18th in the Community
Center;
Orange County Vector Control District committee report - reminded residents to care for
standing water to control mosquitoes, especially the West Nile Virus;
Requested that a Resolution be prepared for the next Council meeting 'in support of
AB991 to reduce Orange County Vector Control District board membership; and
. Announced he would be Principal for a Day at Pioneer Middle School.
Mayor Bone:
Thanked Councilmember Kawashima & Mayor Pro Tem Davert for comments regarding
article on hangars at MCAS Tustin;
. Attended John Laing Fields II Open House;
Met with Irvine Councilmember Christina Shea to discuss quiet zone at Harvard Street
bordering the City of Irvine;
Previewed Disneyland 50th Anniversary celebration; and
Water Advisory Committee of Orange County report - rainfall in Orange County through
January 31st was 22.81 inches.
ADJOURNMENT - 7:47 P.M. - The next regular meeting of the City Council was scheduled
for Monday, March 21, 2005, at 7:00 p,m. in the Council Chamber, 300 Centennial Way,
Tustin.
LOU BONE,
Mayor
PAMELA STOKER,
City Clerk
City Council Meeting
Minutes
March 7, 2005
Page 9 of 9