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Home My WebLink About06 CC Action Agenda 2-06-06Report to the Planning Commission DATE: FEBRUARY 13, 2006 SUBJECT: CITY COUNCIL ACTION AGENDA FEBRUARY 6, 2006 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS: CITY COUNCIL ACTION AGENDA FEBRUARY 6, 2006 ITEM #6 ACTION AGENDA OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA FEBRUARY 6, 2006 CALL TO ORDER — 5:30 P.M. ATTENDANCE Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen; Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima Absent: None City Clerk: Maria R. Huizar, Chief Deputy City Clerk Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney 1all :31lei 1041all =R•m 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. City Negotiators: Christine Shingleton, Assistant City Manager and Clayton Gantz, Special Legal Counsel. Negotiators for Tustin Legacy Community Partners: Les Thomas, Richard Douglass, and Simon Whitmey. Under Negotiation: City Council Meeting Action Agenda Price and Terms of Payment. February 6, 2006 Page 1 of 8 RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 7:03 p.m. City Council reconvened in public session. PUBLIC MEETING CALL TO ORDER — 7:03 P.M. INVOCATION — Father John Block, St. Cecilia's Church PLEDGE OF ALLEGIANCE — Councilmember Amante ROLL CALL Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen; Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney CLOSED SESSION REPORT — Nothing to report. OCFA Battalion Chief Rob Patterson made brief presentation on today's fires by the 241 Toll Road PROCLAMATIONS: • Presented to Ron Worden, 2005 Employee of the Year • Presented to Police Officer Alex Kiilehua, 2005 Employee of the Year PRESENTATION • Mark Schatz of Field Paoli Architects — Design Progress Report on Tustin Library Project FIRST PUBLIC INPUT — Cheryl Cady introduced 2006 Miss Tustin Pageant contestants PUBLIC HEARINGS 1. AMENDMENT TO THE 2002-03 AND 2003-04 ACTION PLANS FOR COMMUNITY City Council Meeting February 6, 2006 Action Agenda Page 2 of 8 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 Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem Hagen, to approve item 1 as recommended by staff. Motion carried 5-0. 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. Motion: It was moved by Mayor Pro Tem Hagen, seconded by Councilmember Kawashima, to approve item 2 as recommended by staff. Motion carried 5-0. 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 City Council Meeting February 6, 2006 Action Agenda Page 3 of 8 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 CONSENT CALENDAR — Pull item 5 and 9 by Councilmember Bone. It was moved by Councilmember Amante, seconded by Mayor Pro Tem Hagen, to approve Consent Calendar items 1 through 4; 6 though 8; and 10 through 16 as recommended by staff. Motion carried 5-0. 3. APPROVAL OF MINUTES — REGULAR MEETING OF JANUARY 16, 2006 Motion: Approve the Regular City Council Meeting Minutes of January 16, 2006. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: 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. PLANN,ING,AGTIQI X1GEN2pn,6 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Motion: It was moved by Councilmember Bone, seconded by Councilmember Amante to ratify the Planning Commission Action Agenda of January 23 2006. 6. CONSIDERATION OF CLAIM OF MARTY & MELBA ROMEO, CLAIM NO. 05-39 Motion: 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 Motion: 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 8. RESOLUTION RELATING TO SALARY AND BENEFITS OF SUPERVISORY EMPLOYEES City Council Meeting February 6, 2006 Action Agenda Page 4 of 8 Motion: 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 Councilmember Bone and Mayor Pro Tem Hagen expressed concern with the number of high rise residential projects in the Cities of Irvine, Costa Mesa and Santa Ana and requested that staff monitor all of these projects. Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem Hagen to forward the attached draft response letter to the City of Costa Mesa. Motion carried 5-0. 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) Motion: 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 February 6, 2006 Action Agenda Page 5 of 8 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) Motion: 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 Motion: 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 Motion: Receive and file. 14. AUTHORIZE STAFF TO SOLICIT BIDS FOR REPLACEMENT OF RIDING LAWNMOWER Motion: 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 Motion: 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 City Council Meeting February 6, 2006 Action Agenda Page 6 of 8 Funds from the California Department of Housing and Community Development for construction of very low and low-income housing units 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) Motion: Adopt resolution. RESOLUTION 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 17. INTERIM URGENCY ORDINANCE NO. 1309: MEDICAL MARIJUANA DISPENSARIES Presentation by Community Development Director Binsack. Motion: It was moved by Councilmember Bone, seconded by Councilmember Amante, to adopt Interim Urgency Ordinance No. 1309. Roll Call. Motion carried 5-0. 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 — None OTHER BUSINESS / COMMITTEE REPORTS Councilmember Amante: Reported on meetings attended related to traffic issues; Measure M in Draft contains information on improvements to 5 and 55 freeways; Plan contains provisions for widening of 55 freeway from 22 to 405 freeway, which will affect the heart of the City of Tustin and opposed to project; expressed concerns to OCTA Chair Cavecche and Supervisor Campbell and other staff members about concerns with expansion and connection from Inland Empire by ways of 91 freeway and need to consider Central Corridor's study on expansion of 57 freeway to 405 freeway; encouraged residents to attend public hearings being held in various cities throughout the County in the next City Council Meeting February 6, 2006 Action Agenda Page 7 of 8 month. Councilmember Kawashima: Sanitation District encourages use of bio -solids. Councilmember Bone: • Commented that Planning Commissioners indicated concern with "human arrows"; commended on the live advertising on local streets and danger to drivers; • Tustin Pride selected new Chair Kim Leason and Vice -Chair Pat Milner; • Santa Ana River Flood Protection — reported on acquisitions for Prado Dam; • Metrolink's new trains will arrive in late 2007; 3 trains in area; new ticket processing machines; 10 pass tickets offered by Amtrak & Metrolink; • Provided WACO report on Tustin water usage is up; • Water Bond $9 Billion in June or October, SB1024 $10.275 Billion Infrastructure Bond; S131 165 $6 Billion Bond plus Fuel Excise tax with no sunset clause; and Library Bond coming in June. Mayor Pro Tem Hagen: • Reported that OCFA will now use a tiered dispatch system; • Update on Fire in Anaheim/Orange hills evacuated 1,000 homes decision made by City as precautionary and not by OCFA; and • Commented on "Green Construction" and requested that future homebuyers at the Tustin Legacy be given the option to upgrade to green buildings/solar energy panels. Mayor Davert: • OCFA's tiered dispatch system is of great importance to response and cost savings; • Attended US Conference of Mayors in Washington D.C. theme was Homeland Security and Disaster Preparedness; and • Adjourn in memory of Walter J. Fredriksen. ADJOURNMENT — 8:17 P.M. - 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 Adjourn in Memory of Walter J. Fredriksen City Council Meeting February 6, 2006 Action Agenda Page 8 of 8 CALL TO ORDER ATTENDANCE Present: Absent: Recording Secretary: Others Present: PUBLIC INPUT — None ACTION AGENDA OF THE REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY TUSTIN, CALIFORNIA FEBRUARY 6, 2006 8:17 p.m. Chair Doug Davert; Chair Pro Tem Tracy Worley Hagen; Agency Members Jerry Amante, Lou Bone, and Tony Kawashima None Pamela Stoker William A. Huston, Executive Director and Douglas C. Holland, City Attorney CONSENT CALENDAR - It was moved by, Agency Member Bone, seconded by Agency Member Amante, to approve Agenda Item 1 as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - REGULAR MEETING OF JANUARY 16, 2006 Motion: Approve the Redevelopment Agency Minutes of January 16, 2006 ADJOURNMENT — 8:18 p.m. - Adjourned meeting to Tuesday, February 21, 2006 at 7:00 p.m. for Regular Session in the Council Chamber, 300 Centennial Way, Tustin, California Community Redevelopment Agency Meeting February 6, 2006 Action Agenda Page 1 of 1