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Home My WebLink About00 AGENDA 02-06-06 CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 6, 2006 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Tracy Worley Hagen, Mayor Pro Tem Jerry Amante, Councilmember Lou Bone, Councilmember Tony Kawashima, Councilmember Doug Davert, Mayor William A. Huston, City Manager Douglas C. Holland, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION 5:30 p.m. The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The following items were received for the February 6, 2006 meeting of the City Council. (Agenda Items A and B) CALL TO ORDER ATTENDANCE PUBLIC INPUT - Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 - One (1) case B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: 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 Negotiators: Christine Shingleton, Assistant City Manager and Clayton Gantz, Special Legal Counsel. Negotiators for Tustin Leaacv Community Partners: Les Thomas, Richard Douglass, and Simon Whitmey. Under Negotiation: Price and Terms of Payment. City Council Meeting Agenda February 6, 2006 Page 1 of 7 PUBLIC MEETING 7:00 P.M. CALL TO ORDER INVOCATION -- Father John Block, St. Cecilia's Church PLEDGE OF ALLEGIANCE -- Councilmember Amante ROLL CALL -- City Clerk Stoker CLOSED SESSION REPORT -- City Attorney PROCLAMATIONS: . Presented to Ron Worden, 2005 Employee of the Year . Presented to Police Officer Alex Kiilehua, 2005 Employee of the Year PRESENTATION . Tustin Library Project FIRST PUBLIC INPUT PUBLIC HEARING A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Redevelopment Agency related to land use or fees. (Agenda Items 1 and 2) 1. AMENDMENT TO THE 2002-03 AND 2003-04 ACTION PLANS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND CITIZEN PARTICIPATION COMMITTEE APPOINTMENTS FOR CDBG PROGRAM YEAR 2006-07 In accordance with Federal Law, the City has published a notice in the local newspaper with regard to the proposed amendments. Staff recommends that the City Council support the amendments to the FY 2002-03 and 2003-04 Action Plans to transfer unused funds to CDGB projects that can be immediately implemented in 2006. Applicant: City of Tustin City Council Meeting Agenda February 6, 2006 Page 2 of 7 Recommendations: 1.a. Open and close the public hearing; and 1.b. Adopt resolution. RESOLUTION NO. 06-21 - A resolution of the City Council of the City of Tustin, California, approving amendments to the City's 2002-03 and 2003-04 Action Plans for Community Development Block Grant Program and authorizing submission of the amendments to the Federal Department of Housing and Urban Development 1.c. Re-appoint Leslie Pontious and Tracy Worley Hagen as the At-Large representatives on the 2006-2007 Citizen Participation Committee. 2. TENTATIVE PARCEL MAP NO. 2005-224: 1372 AND 1382 VALENCIA AVENUE Tentative Parcel Map 2005-224 is a request to combine two (2) existing parcels into a 2.98-acre parcel to accommodate a 73,250 square foot office, research and development, and warehouse development with fourteen (14) units, ranging in size from 3,282 to 8,453 square feet, within an existing 74,000 square foot industrial building at 1372 and 1382 Valencia Avenue, also known as lots 8 and 9 of Tract 7721. Owner: M2 Properties, Inc. Recommendations: 2.a. Open and close the public hearing; and 2.b. Adopt resolution. RESOLUTION NO. 06-22 - A resolution of the City Council of the City of Tustin approving Tentative Parcel Map 2005-224 to merge two (2) parcels to create a 2.98-acre parcel for condominium purposes to accommodate a 73,250 square foot office, research and development, and warehouse development at 1372 and 1382 Valencia Avenue, also known as Lots 8 and 9 of Tract 7721 City Council Meeting Agenda February 6, 2006 Page 3 of 7 CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters shouid file a "Request to Speak" form with the City Clerk. (Agenda Items 3 through 16) 3. APPROVAL OF MINUTES -- REGULAR MEETING OF JANUARY 16, 2006 Recommendation: Approve the Regular City Council Meeting Minutes of January 16, 2006. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $568,317.84; $2,811,947.65; and $1,657,349.43; and Payroll in the amount of $846,859.41 5. PLANNING ACTION AGENDA -- JANUARY 23, 2006 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of January 23 2006. 6. CONSIDERATION OF CLAIM OF MARTY & MELBA ROMEO, CLAIM NO. 05-39 Recommendation: Deny Claim No. 05-39, Marty & Melba Romero, and direct staff to send notice thereof to the claimant. 7. SALARY AND BENEFIT RESOLUTION FOR MANAGEMENT AND EXECUTIVE MANAGEMENT EMPLOYEES Recommendation: Adopt resolution. RESOLUTION NO. 06-19 - 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 05- 22 City Council Meeting Agenda February 6, 2006 Page 4 of 7 8. RESOLUTION RELATING TO SALARY AND BENEFITS OF SUPERVISORY EMPLOYEES Recommendation: Adopt resolution. RESOLUTION NO. 06-20 - A resolution of the City Council of the City of Tustin relating to compensation and benefits for Unrepresented Supervisory Employees and superseding Resolution No. 05-11 9. CITY OF TUSTIN RESPONSE TO CITY OF COSTA MESA REGARDING NOTICE OF PREPARATION (NOP) OF A DRAFT MASTER ENVIRONMENTAL IMPACT REPORT (DMEIR) FOR THE NORTH COSTA MESA HIGH RISE RESIDENTIAL PROJECTS Recommendation: Forward the attached draft response letter to the City of Costa Mesa. 10. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE OLD TOWN TUSTIN COMMERCIAL DISTRICT SIGN PROGRAM (CIP NO. 4065) Recommendations: 10.a. Adopt resolution; and RESOLUTION NO. 06-15 - A resolution of the City Council of the City of Tustin, California, accepting the works of improvement and authorizing the recordation of the Notice of Completion for the construction of the Old Town Tustin Commercial District Sign Program (CIP No. 4065) 10.b. Direct the City Clerk to: 1. Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion; and 2. Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and 10.c. Assuming no claims or stop payment notices are filed, it is further recommended that thirty-five (35) days after the date of recordation of the Notice of Completion, the City Council authorize payment of the final 10% retention in the amount of $24,667.00 to Bravo Sign & Design, Inc. The total final construction contract cost for the project is $246,670.00. City Council Meeting Agenda February 6, 2006 Page 5 of 7 11. AWARD OF CONTRACT FOR CONSTRUCTION OF THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY 2005-06 (CIP NO. 7001); THE ANNUAL SIDEWALK REPAIR PROJECT, FY 2005-06 (PROJECT NO. 402- 6235); AND THE WILLIAMS STREET IMPROVEMENT PROJECT (CIP NO. 7187) Recommendation: Award the construction contract for the Annual Major Pavement Maintenance Project, FY 2005-2006 (CIP No. 7001); the Annual Sidewalk Repair Project, FY 2005-2006 (Project No. 402-6235); and the Williams Street Improvement Project (CIP No. 7187) to All American Asphalt, the lowest responsible and responsive bidder in the amount of $655,655.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 12. ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2006-07 Recommendation: Adopt resolution. RESOLUTION NO. 06-18 - A resolution of the City Council of the City of Tustin, California ordering the preparation of an Engineer's Report for the Tustin Landscape and Lighting District levy of annual assessments for Fiscal Year 2006-2007 13. DECLARATION OF SURPLUS EQUIPMENT: SALES REPORT Recommendation: Receive and file. 14. AUTHORIZE STAFF TO SOLICIT BIDS FOR REPLACEMENT OF RIDING LAWNMOWER Recommendation: Authorize staff to advertise and solicit bids for a new riding lawnmower. 15. APPLICATION FOR WORKFORCE HOUSING REWARD PROGRAM GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Recommendations: 15.a. Adopt resolution; and RESOLUTION NO. 06-24 - A resolution of the Tustin City Council authorizing the City Manager to apply for Workforce Housing Reward Program Grant Funds from the California Department of Housing and Community Development for construction of very low and low-income housing units City Council Meeting Agenda February 6, 2006 Page 6 of 7 15.b. If the application for funding is approved, the City may use the funds for eligible activities under the grant program. Staff recommends that the funds be earmarked for the Tustin Library Project. 16. FINAL TRACT MAP 16581 (COLUMBUS SQUARE) Recommendation: Adopt resolution. RESOLTUION NO. 06-17 - A resolution of the City Council of the City of Tustin approving Final Tract Map 16581 to subdivide 105,5 acres into 383 numbered lots and 192 lettered lots for development of 1,077 residential units REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Item 17) 17. INTERIM URGENCY ORDINANCE NO. 1309: MEDICAL MARIJUANA DISPENSARIES Recommendation: Adopt Interim Urgency Ordinance No. 1309. (Requires a 4/5 vote) ORDINANCE NO. 1309 - An Interim Urgency Ordinance of the City of Tustin, California, establishing a Temporary Moratorium on the legal establishment and operation of medical marijuana dispensaries within the City of Tustin for a period of 45 days pending a study of zoning regulations that are needed to alleviate a current and actual threat to the public health, safety, and welfare SECOND PUBLIC INPUT -- Refer to First Public Input for information. OTHER BUSINESS - City Manager, City Attorney, City Council COMMITTEE REPORTS - City Council ADJOURNMENT - Adjourn meeting to Tuesday, February 21, 2006 at 5:30 p.m. for Closed Session and 7:00 p.m. for Regular Session in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting Agenda February 6, 2006 Page 7 of 7