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HomeMy WebLinkAbout01 CC MINUTES 07-05-05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JUNE 20, 2005 Agenda Item Reviewed: , IV City Manager ---f)llL Finance Director ~ 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 Doug Holland, Assistant City Attorney Absent: City Clerk: Others Present: PUBLIC INPUT - None CLOSED SESSION 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. Lindquist, and Richard Douglass. Godard, Susan Under Neqotiation: Price and Terms of Payment. PUBLIC MEETING CALL TO ORDER - 7:06 P.M. City Council Meeting Minutes June 20, 2005 Page 1 of7 INVOCATION - Council member Amante COLORS PRESENTATION & PLEDGE OF ALLEGIANCE - Boys Scouts, Pack 819, Den 2 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 Attorney Absent: City Clerk: Others Present: CERTIFICATE OF RECOGNITION . Awarded to Louis and Monica Bowen for receiving "Best of City Landscape" award presented by Mayor Bone CLOSED SESSION REPORT - Nothing to report FIRST PUBLIC INPUT - None PUBLIC HEARING 1. TENTATIVE TRACT MAP NO. 16792 FOR CONVEYANCE PURPOSES On June 13, 2005, the Planning Commission recommended approval of Tentative Tract Map 16792 for subdivision of the 86.26-acre Columbus Grove project site into twelve (12) parcels for conveyance purposes located in Planning Area 21 of the MCAS-Tustin Specific Plan (Reuse Disposal Parcel 35 and Parcel 36). Owner/Applicant: Moffet Meadows Partners, LLC Legal Notice published in the Tustin News on June 2, 2005. Community Development Director Elizabeth Binsack presented staff report for Public Hearing items 1 and 2. Public hearing opened at 7:11 p.m. There were no speakers and the public hearing closed at 7:11 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima, to adopt resolutions. Motion carried 5-0. City Council Meeting Minutes June 20, 2005 Page 2 of 7 RESOLUTION NO. 05-75 - A resolution of the Tustin City Council finding that the final Environmental Impact StatemenUFinal Environmental Impact Report for the disposal and reuse of MCAS Tustin ("FEIS/FEIR") is adequate to serve as the project EIS/EIR for Tentative Tract Map 16792 for conveyance purposes and all applicable mitigation measures have been incorporated with resolutions of approval for development of the project RESOLUTION NO. 05-76 - A resolution of the City Council of the City of Tustin approving Tentative Tract Map 16792 to Subdivide 86.26 acres into twelve (12) lots for conveyance purposes only (MCAS Tustin Reuse Plan Parcel 35 and Parcel 36) 2. TENTATIVE TRACT MAP NO. 16857 FOR CONVEYANCE PURPOSES One June 13, 2005, the Planning Commission recommended approval of Tentative Tract Map 16857 for subdivision of the 105.5-acre Columbus Square project site into fifteen (15) numbered parcels and five (5) lettered parcels for conveyance purposes located in Planning Area 4 and 5 of the MCAS-Tustin Specific Plan (Reuse Disposal Parcel 23 and Parcel 24). Owner/Applicant: Moffet Meadows Partners, LLC Legal Notice published in the Tustin News on June 2, 2005. Public hearing opened at 7:12 p.m. There were no speakers and the public hearing closed at 7:12 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to adopt resolutions. Motion carried 5-0. RESOLUTION NO. 05-77 - A resolution of the City of Tustin City Council finding that the Final Environmental Impact StatemenUFinal Environmental Impact Report for the disposal and reuse of MCAS Tustin ("FEIS/FEIR") is adequate to serve as the project EIS/EIR for Tentative Tract Map 16857 for conveyance purposes and all applicable mitigation measures have been incorporated with resolutions of approval for development of the project RESOLUTION NO. 05-78 - A resolution of the City Council approving Tentative Tract Map 16857 to subdivide 105.5 acres into fifteen (15) numbered lots and five (5) lettered lots for conveyance purposes only (MCAS Tustin Reuse Plan Parcel 35 and Parcel 36) CONSENT CALENDAR - Councilmember Amante pulled item 5 and Mayor Pro Tem Davert pulled item 7 for separate discussion. It was moved by Mayor Pro Tem Davert, seconded by City Council Meeting Minutes June 20, 2005 Page 3 of 7 Councilmember Amante, to approve Consent Calendar items 3, 4, 6, and 8 through 14 as recommended by staff. Motion carried 5-0. 3. APPROVAL OF MINUTES - REGULAR MEETINGS OF JUNE 6, 2005 Motion: Approve the Regular City Council Meeting Minutes of June 6, 2005. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $682,974.27; $1,441,560.90; Reversals in the amount of $4,523.11; $412,389.00 and Payroll in the amount of $512,718.96 5. PLANNING ACTION AGENDA - JUNE 13, 2005 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Councilmember Amante addressed Item No.4 on Planning Commission Action Agenda, Conditional Use Permit 04-031, concerned with the intensity of use for entertainment at the restaurant. Asked if staff could research it and report back to Council. Community Development Director Binsack indicated that this item would have to be noticed for a Public Hearing and the matter would be heard on July 18, 2005. Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem Davert, to appeal Item No.4 and ratify the remainder of the items on the Planning Commission Action Agenda dated June 13, 2005. Motion carried 5-0. 6. AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL YEAR 2005/2006 Motion: That the City Council, through Minute Action, authorize the City Manager to continue fiscal operations for 2005/2006 at an appropriation level not to exceed that of 2004/2005, until such time as the budget process can be completed. Since the 2005/2006 budget will not be approved until after July 1, 2005, it is necessary for the City Council to authorize expenditures for operations. This would also include capital improvement projects approved in fiscal year 2004/2005. It would not include new capital improvement projects or services. 7. CONVEYANCE OF PROPERTIES BY GRANT DEED TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Mayor Pro Tem Davert pointed out a typographical error on deed and requested City Council Meeting Minutes June 20, 2005 Page 4 of 7 that it be corrected. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to authorize conveyance of six properties within the Town Center Redevelopment Project Area from the City of Tustin to the Tustin Community Redevelopment Agency, as identified on Attachments 1-4 and authorize the City Manager to execute any necessary conveyance documents subject to approval of all conveyance documents by the City Attorney. Motion carried 5-0. 8. SET A PUBLIC HEARING FOR AUGUST 1, 2005 AT 7:00 P.M. TO CONSIDER PLACING RESIDENTIAL SOLID WASTE RATES ON THE FY 05-06 COUNTY PROPERTY TAX ROLL The City is required to set a public hearing to set the FY 05-06 property tax assessment for single family solid waste services. There is no fee adjustment proposed to the existing rates. Motion: Set a public hearing for August 1, 2005 at 7 p.m. to consider placement of residential solid waste fees on the County Assessor's tax roll. 9. APPROVAL OF PLANS AND SPECIFICATION AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE INSTALLATION OF A WICK IRRIGATION SYSTEM ON JAMBOREE ROAD - PHASE II (CIP NO. 1538) Motion: Adopt resolution. RESOLUTION NO. 05-30 - A resolution of the City Council of the City of Tustin, California approving Plans and Specifications for the Installation of the Wick Irrigation System on Jamboree Road - Phase II (CIP No. 1538) and authorizing advertisement for bids 10. MEASURE M GROWTH MANAGEMENT PROGRAM AND CONGESTION MANAGEMENT PROGRAM ANNUAL COMPLIANCE, FISCAL YEAR 2005-2006 In order to maintain eligibility for the Measure M Growth Management Program (GMP) and the Congestion Management Program (CMP), it is recommended that the City Council take the following actions in compliance with the Measure M GMP and CMP requirements: Motion: 10.a. Adopt draft Measure M Growth Management Program Seven-Year Capital Improvement Program (Fiscal Year 2005-2006 through Fiscal Year 2011- 2012). City Council Meeting Minutes June 20, 2005 Page 5 of 7 10.b. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M GMP and CMP eligibility packages, including: certification of the City's Maintenance of Effort (MOE), Pavement Management Program (PMP), and Congestion Management Program (CMP) Monitoring Checklist to the Orange County Transportation Authority. 11. CONSIDERATION OF CLAIM OF NORMA GUTIERREZ, CLAIM NO. 05-22 Motion: Deny the claim and direct Staff to send notice thereof to the Claimant. 12. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS This report transmits two John Wayne Airport Noise Abatement Quarterly Reports for the third and fourth quarters of 2004. The average noise level measured at monitoring station NMS 10N, located at Columbus Tustin Middle School, slightly increased during the fourth quarter compared to the previous four quarters. Average noise levels during both quarters remained below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Motion: Receive and file report. 13. COLUMBUS GROVE HOUSING AGREEMENT (TENTATIVE TRACT MAP 16582) Motion: Authorize the Mayor to execute the Housing Agreement for Columbus Grove with Moffett Meadows Partners, LLC on behalf of the City. 14. COLUMBUS SQUARE HOUSING AGREEMENT (TENTATIVE TRACT MAP 16581 ) Motion: Authorize the Mayor to execute the Housing Agreement for Columbus Square with Moffett Meadows Partners, LLC on behalf of the City. BUSINESS CALENDAR 15. SET DATE FOR FISCAL YEAR 2005-06 BUDGET WORKSHOP Motion: Council unanimously concurred to schedule a workshop to review the budget for Fiscal Year 2005-06 on July 5, 2005 at 5:00 p.m. SECOND PUBLIC INPUT - None City Council Meeting Minutes June 20, 2005 Page 6 of 7 OTHER BUSINESS / COMMITTEE REPORTS Councilmember Amante: Reported the Advocacy Committee of League of Cities supported his position against SB1087; Congratulated Ken Hobson and Linda Jennings, the Man and Woman of the Year; and Wished everyone a happy 4th of July, asked everybody to remember all the men and women serving in the military. Councilmember Kawashima: Announced Summer Concerts begin this Wednesday, free to the public; and Congratulated all graduates. Councilmember Hagen: Southbound traffic on Jamboree Road is often grid locked with vehicles blocking intersections, requested more police presence; and LA Times article on Lake Powell indicated an extremely high demand for water supply to southwest States, possible crisis in the next 20 years. Mayor Pro Tem Davert: Congratulated Man and Woman of the Year recipients, Ken Hobson and Linda Jennings; Invited everyone to attend Summer Concerts in the Park; Enjoyed the Police Department open house last weekend, complimented police response on a recent incident in southern part of Tustin; Looked forward to 4111 of July activities; and Congratulated Mayor Bone and Mrs. Bone on their 36th Wedding Anniversary. Mayor Bone: Congratulated and thanked Ken Hobson and Linda Jennings, Man and Woman of the Year, both have done great work with community volunteerism; Requested staff brief Council on the OCTA Red Hill railroad track process; Public Works Director Tim Serlet explained the OCTA Grade Crossing Safety Enhancement Process; OCTA recorded 61% approval of extension of 57 freeway to 1-405, will relieve congestion of 55 freeway; Experienced Trolley Ride through Old Town and invited everyone to participate; Announced Grand Opening of Sears Essential at Market Place on Saturday; On June 12th, attended send-off for Miss Tustin to compete in the Miss California Pageant in Fresno; Thanked the Chamber of Commerce and everyone who helped make the State of the City Address a successful event; Independence Day celebration would be on Monday, July 4th at Tustin High School; and Concerts in the Park begin on Wednesday, June 22nd. ADJOURNMENT - 7:31 p.m. - The next regular meeting of the City Council was scheduled for Tuesday, July 5, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. City Councii Meeting Minutes June 20, 2005 Page 7 of 7 Agenda Item Reviewed: MINUTES OF THE SPECIAL MEETING TUSTIN UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION AND THE CITY COUNCIL TUSTIN, CALIFORNIA City Manager Finance Director ~ JUNE 6, 2005 CALL TO ORDER - 4:30 p.m. Tustin Community Center 300 Centennial Way Tustin, California 92780 ROLL CALL Present: City Council - Mayor Lou Bone, Mayor Pro Tem Doug Davert, Council members Jerry Amante, Tracy Worley Hagen, and Tony Kawashima Tustin Unified School District - President Francine Scinto, Vice President Lynn Davis, Board Members Jonathan Abelove, Tammie Bullard and James Laird and Student Board Member Swetha Totapally None Maria R. Huizar, Chief Deputy City Clerk, Jean Wagner, TUSD Recorder William A. Huston, City Manager; Lois Jeffrey, City Attorney; Peter Gorman EdD, Superintendent; Brock Wagner, Deputy Superintendent; and Geoff Willis, TUSD Attorney Absent: City Clerk/Recorder: Others Present: PUBLIC INPUT - None REGULAR BUSINESS 1. LETTER OF INTENT BETWEEN THE CITY OF TUSTIN AND THE TUSTIN UNIFIED SCHOOL DISTRICT ~ City of Tustin Presentation - City Manager William Huston Provided visual tour of the base and context for discussion on the Letter of Intent being considered. Thus far, the City Council has adopted a Reuse Plan, Specific Plan, and an Agreement with the Department of the Navy. Public facilities at the Base will include a 10-acre elementary school, a 25- acre community park, a 68-acre lot conveyed to the South Orange County Community College District, 15 acres conveyed to Rancho Community College District, a law enforcement academy, an 85-acre County regional City Councii Meeting Minutes June 6, 2005 Page 1 of6 park, a 40 acre high school site, and a second elementary school site that will be conveyed to TUSD. Expect about 4,212 dwelling units on the base. There'll also be about 8.7 million square feet of commercial, industrial and office development. The biggest changes to the Plan approved in the 1990's are issues dealing with water; new environmental regulations; traffic modeling; no golf course; introduction of a linear park - a 2 mile linear park that runs from the intersection of Barranca and Red Hill to Edinger near Harvard Avenue; and introduction of mixed use areas. ~ Tustin Unified School District Presentation - Superintendent Pete Gorman Discussed process for relocating Tustin High School to Tustin Legacy. The approval process would be two fold - site approval process, and school development and construction. The first part requires a preliminary California Department of Education site approval. The next step is testing by the Department of Toxic Control or DTSC - test for toxic substances. Two possible outcomes, the first is receive a Letter of No-Action in which TUSD can proceed with construction and the other is Letter of Action in which the land must be remediated to meet DTSC standards for school construction. If receive a Letter of Action, may take several attempts to remediate land and meet their standards. Concurrent to this TUSD can undergo geotechnical review and analysis. The final step of the site approval process is the California Department of Education site approval. In relation to the school construction and development process this can start and actually run concurrent with the site approval process. The next step is the design process - may be custom design or reuse an existing plan. May reuse a plan in 2 ways - first is to completely reuse a plan or do a partial reuse of plans where you take a particular building or component that's been built somewhere else. The next step of the process is the State Architect Review approval. The bid preparation is the next process. And the final step is construction, typically 18 months to two years. Entire process may take 5 to 6 years. . Vice President Lynn Davis - described Letter of Intent as a road map for the development of school facilities on the land formerly known as the Tustin Marine Corps Air Station, now referred to as Tustin Legacy. Road map makes concrete the joint interest of the City and the School District of maximizing the unique opportunity that Tustin Legacy provides for our community to build quality schools. Intended as the first step in a cooperative effort to develop certain facilities at Tustin Legacy and it recognizes that only a comprehensive and cooperative approach between school and City will allow for the development of an ideal K12 school plan for Tustin Legacy. Road map will include the location of Tustin High School at Tustin Legacy to recapture the significant historical value of the school while simultaneously upgrading and modernizing its facilities. It will provide public recreational facilities that will be available for both public City Councii Meeting Minutes June 6, 2005 Page 2 of 6 and school uses and flexibility in financing mechanisms for the development of school facilities. Existing Tustin High School will be used until such time as construction of the new Tustin High School is completed. . Mayor Pro Tem Davert - Stated that Letter of Intent was intentionally vague. Details will be worked out over the coming years as a community process that will involve input from residents and community leaders. Monumental first step of two agencies cooperating to put new schools at Tustin Legacy and will require cooperation on the part of both agencies. . Comprehensive Plan will not only include a high school, but schools of all levels at the base. ~ Public Comments . Dr. Paul Lewanski - teacher, parent and graduate of Tustin High School, urged Council to continue consideration of project. . Angela Gribble - taxpayer from North Tustin, concerned about school boundaries, undue burden on other high schools, and transportation of students to the new high school. . Danielle Nathan - student at Tustin High School, hoped Council would consider and approve Letter of Intent. . Jerry Ost - resident since 1963, encouraged City Council and school district to continue current efforts for a positive community change. . Randy Reta - father of 2 and Chair of Science Department, spoke about current facilities at Tustin High School not being conducive to teaching modern science and hoped Letter of Intent would be approved. . Don Berkheimer - parent of students at Tustin High School, encouraged vote for project, would benefit students. . Ernie Ching - 3 sons graduated from Tustin High School, recalls years ago the potential for land available at base, great to see both agencies working together. . Myron Miller - head football coach, facilities at Tustin High School in need of repairs, urged support from Council and District. . Elsa O'Hare - daughter graduated from Tustin High School, excited about the positive steps being taken to improve the school and community. . George Koumbis - graduate of Tustin schools, no greater investment than in our youth and future, perfect opportunity to improve school. City Council Meeting Minutes June 6, 2005 Page 3 of 6 Gary Penman - As a parent and Vice President of Aquatics Booster is very excited about possibility of move and expansion of programs. Liz (Felice) Matunog - senior at Tustin High School, had some concerns about moving, but feels it would expand learning experience and give future students access to better technology. . Jennifer Doyle - junior at Tustin High School, likes current location but supports the proposed plan as class size is a problem, new facilities would be an improvement. Scott Allen - supports building a new high school, commended school district and city for working together. -> City Council/ Board of Education Comments Mayor Lou Bone - Thanked all present for input and stated that he's looking forward to having quality facilities for our children. Thanked School Board President Francine Scinto, the school board, and Superintendent Gorman for working together with the City and making this a great day for our City residents. Unanimous approval from audience present. Board President Francine Scinto - Recognized several former School Board and City Council members present at meeting. Efforts have been a culmination of years of hard work by many people. Acknowledge efforts of City Council and school board. Believe the relocation of Tustin High would be a great asset for both the City and the School District. Students, teachers, parents, and residents deserve a state of the art high school which measures up to the incredibly high quality of the instructional programs currently offered at Tustin High. Mayor Pro Tem Doug Davert - Noted that it was probably one of the most exciting things he's had the privilege of being a part of since elected 2% years ago. Thanked City Council and School Board members that served 10 years ago who entered into an agreement to provide for schools at Tustin Legacy. Council member Kawashima and he serve as liaisons to School District. Taking advantage of opportunity to replace Tustin High School with a brand new site. From a policy standpoint, this is good government and entrepreneurial approach to solving a problem without wasting tax dollars. Letter of Intent is comprehensive plan for schools, not just about THS, but there are many other students that will be living at Tustin Legacy and many other students in the existing district that have needs that will hopefully be met at least in part by this plan. Board Member Lynn Davis - Pleased to be at meeting and participate in important milestone of cooperation between the City Council and the School Board. Will make significant strides if agencies join forces and City Councii Meeting Minutes June 6, 2005 Page 4 of 6 work on commonality. Purpose of the Letter of Intent is for the elected bodies to have a clear understanding of mutual goal of providing quality facilities for our children. . Council Member Tracy Worley Hagen - Support Letter of Intent. Thanked Ernie Ching for being drive force behind securing site for new high school. Originally there was only an elementary and a middle school site, but Ernie insisted in having us all consider a high school site. Fabulous to have two new high schools and one refurbished high school in the coming years. The city council also has visions for a first class swim and tennis complex. City gave up the golf course, which was in plans for a number of years, decided that the community at large could use more swimming and tennis facilities and more open space, decided on linear park to include walkways, biking trails, and roller skating paths. All in all, proposed plan is more encompassing of needs of community. . Board Member Tammie Bullard - Tustin High is a great school and a great asset to the City of Tustin who was recently named one of America's top high schools by Newsweek Magazine. Excited about relocating Tustin High School to Tustin Legacy which will allow us to design a high school which supports the highest levels of academic achievement. Recommend consideration of original 1921 design of Tustin Union High School to pay homage to the tremendous history of Tustin High School. Some great features of the 1921 design were lost when the school was rebuilt in the 1960's. . Council Member Tony Kawashima - Historic milestone to have two bodies working together is harmony. Aside from the relocation of Tustin High School to Tustin Legacy the next big project of equal importance is the renovation of our library. Our City enjoys safe streets, good roads, amenities, and great schools. Tustin Legacy will offer future residents a state of the art, 21st century, school facilities with the linear park, a swim and tennis complex that will serve on a regional scale. . Board Member Jonathan Abelove - Has served on the Tustin School board since 1994, has been fortunate to be part of the opening and/or refurbishment of close to 10 schools. Sit as the only board member present when first began the process of setting aside the school parcels at Tustin MCAS when the City was determining what was going to happen when the base closed. It's been 10 years since discussion of moving Tustin High began. There will be many obstacles to a successful relocation, but confident that we can meet all the challenges by working together. . Council Member Amante - Has had numerous meetings with colleagues to discuss ideas about the Legacy and about location of schools and the provision of state of the art facilities to the community. When first elected, Pete Gorman and he toured Beckman and Tustin High schools, in City Council Meeting Minutes June 6, 2005 Page 5 of 6 succession to see contrast. Echoed remarks of condition of facilities - school has outlived its usefulness. Applauded teachers and administrators for continuing to produce scholars. Facilities must match the actual programs - state of the art classrooms and athletic facilities. Uncontrovertibly fact that education is an important thread in the fabric of a community and that without it can't have a successful community. Excited to be a part of something that began many years ago and thankful for efforts that have been made over the years. Supports Letter of Intent. Board Member James Laird - Reiterated comments made by Council, School District and public. Tustin is great community and enjoys working with officials. Proud to be part of team working to make things happen for the betterment of our community. Thanked City Council for diligent work and both staffs for untiring commitment in this important issue. Student Board Member Swetha Totapally - Expressed support of move to a new and improved school facility that will help students reach their full academic and athletic potential. Motion: Mayor Pro Tem Davert, seconded by Councilmember Amante, moved to approve the Letter of Intent between the Tustin Unified School District and the City of Tustin. Motion carried 5-0. SECOND PUBLIC INPUT - None ADJOURNMENT - 5:44 p.m. City Council Meeting Minutes June 6, 2005 Page 6 of 6