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HomeMy WebLinkAboutCC MINUTES 2006 03 20 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA MARCH 20, 2006 CALL TO ORDER - 5:02 P.M. ATTENDANCE Present: Mayor Doug Davert; Mayor Pro Tern Tracy Worley Hagen (5:35 p.m.); Council members Jerry Amante, Lou Bone, and Tony Kawashima Absent: None City Clerk: Pamela Stoker, City Clerk Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney WORKSHOP - MEASURE M Presentation by Orange County Transportation Authority (OCTA). Carolyn Cavecche, OCTA Board of Director; Monte Ward, Manager Strategic Advisor - Special Projects; and Kia Mortazavi, Director of Strategic Planning . 15 Years of Measure M in Tustin 1. $ 28 million Won in competition for major street improvements 2. $ 10.2 million Tustin local street maintenance 3. $ 38.2 million Exclusively for Tustin 4. Street Improvement Highlights: Red Hill, Edinger/Moulton, Irvine Blvd. . Renewed Measure M Draft Plan 1. 30-year duration 2. $11.86 billion expected revenue' 3. 43 percent Freeways ($4.8 billion) 4. 32 percent Streets & Roads ($3.6 billion) 5. 25 percent Transit ($2.8 billion) 6. Taxpayer safeguards emphasized . Draft Plan Highlights (Freeways) 1. $1.5 billion to improve the SR-91 2. More than $1 billion to improve 1-5 in South Orange County 3. Widen 1-405 from Irvine to LA County 4. Fix Orange Crush and 1-5/SR-55 interchanges 5. Widen SR-55, SR-57 and improve access to SR-22 and 1-605 . Draft Plan Highlights (Streets & Roads) 1. More than doubles funds for local streets 2. Enables "master plan" of roads to be completed 3. Coordinates 2000 signals on major roads 4. Provides flexible local street funds . Draft Plan Highlights (Transit) City Council Meeting Minutes March 20, 2006 Page 1 of 12 1. High Frequency Metrolink . Reaches two-thirds of jobs & population . Upgrades stations, parking, safety 2. Metrolink Extensions . Cities compete with best projects . Technology not defined 3. Regional gateways for high-speed rail 4. Community bus services 5. Senior/disabled transit . Continues low fares . Expands senior mobility program . Includes non-emergency medical transportation . Proposed Tustin Freeway Improvements o Add one lane in each direction on 1-5 south of Newport and on SR-55 south of 1-5 o Improvements would be in existing Right-of-Way o Opportunity for Additional City input and control during project level environmental analysis and in Freeway Agreement with City . SR-55 Improvement Concept o Provide five continuous northbound through lanes from Dyer Road on ramp to 1-5 (new construction south of Edinger) o Provide five continuous southbound through lanes from 1-5 to Dyer Road East off ramp (extend 5th lane through Mc Fadden and Edinger interchanges and add new lane south of Edinger) . 1-5 Improvement Concept o Provide six continuous northbound through lanes from SR-133 on ramp to 1-5 (new construction south of Newport) o Provide six continuous southbound through lanes from 1-5 to SR-133 off ramp (new construction south of Newport) o Between Newport and Tustin Ranch, space for new lanes would be attained by using the HOV lane shoulders and/or converting the existing auxiliary lanes to through lanes Council Questions · Bone - thanked OCTA for presentation, right-of way are big issues with this Council, no mention of tunnel project and extension of 57 freeway; 800,000 vehicles per day going through Tustin · Kawashima - What percentage of commuters are going to and from Corona and South County. · Ward - tunnel or extension of 57 not being proposed as part of Measure M. These among 2 other projects are early in concept and impact study. Major investment study with Riverside did identify tunnel, but 91 improvements are priority. Long term, tunnel will be included. · Davert - thanked for level of detail provided. 22 freeway improvements is example of progress of Measure M. Widening of 5 and 55 will directly impact our Old Town area. Would like south county to have some traffic impacts absorbed by them. . Cavecche - has served on the tunnel & 57 extension committees. Both will expend large amounts of money and Measure M cannot take on those projects at the moment. City Council Meeting Minutes March 20, 2006 Page 2 of 12 Proposed that Tustin be included in any and all discussions between OCTA on projects directly impacting Old Town Tustin. . Hagen - Commented on cost factor of the Tunnel and 57 Freeway extension. · Amante - thanked OCTA reps for coming and doing presentation Public Comments · Linda Jennings - Old Town Tustin and Overlay District Area will have negative impact because of freeway expansions and opposed to any freeway improvements that will add more noise pollution. · Chris Emc - expressed concern with "double taxation" and waste by OCTA on Centerline project. · Mary Hill, President of Chamber of Commerce - Concerned about effect on businesses and placement of diverted traffic during construction. · Tony Coco - suggested that the private sector be involved in extension of 57 freeway. · Markus Brown - black dust and noise pollution is obvious in the Old Town District, negative effect on values of properties, social responsibility to preserve historic areas. · Anthony Trujillo - opposed to Measure M extension. · Kim Leason, Tustin Meadows representative - Promotes a No vote on Measure M, increased congestion on city streets. · Carol Fox - traffic should not be borne in this area when commuters are going to South County. CLOSED SESSION ITEMS A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) AAE vs. City of Tustin 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 Leqacv Communitv Partners: Les Thomas, Richard Douglass, Simon Whitmey, and Jack Godard. Under Negotiation: Price and Terms of Payment. City Council Meeting Minutes March 20, 2006 Page 3 of 12 RECESS - At 6:01 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 7:02 p.m. City Council reconvened in public session. PUBLIC MEETING CALL TO ORDER - 7:02 P.M. INVOCATION - Father Anh Nguyen, St. Cecilia's Church PLEDGE OF ALLEGIANCE - Mayor Davert NATIONAL ANTHEM - Crystal Cooper, Miss Tustin 1st Runner Up 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. PRESENTATION . Historic Resource Committee Vice-Chair Linda Jennings presented Kara Kosinski at 320 West Third Street with Outstanding Old Town Property award CERTIFICATE OF RECOGNITION . Shirley Nicholson, 2005/2006 Crossing Guard of the Year CERTIFICATES OF RECOGNITION - 2006 Miss Tustin and her Court: . 2006 Miss Tustin, Jennifer Kohlenberger . 1st Runner-Up, Crystal Cooper . 2nd Runner-Up, Kierstie Nielsen . 3rd Runner-Up, Shannon Silveira . 4th Runner-Up, Angeline Barracliffe City Council Meeting Minutes March 20, 2006 Page 4 of 12 FIRST PUBLIC INPUT - Phil Cox, Cox Market Plaza, commended staff on Old Town Tustin rehab project, but requested upkeep PUBLIC HEARING 1. INTERIM URGENCY ORDINANCE: MEDICAL MARIJUANA DISPENSARIES On February 6, 2006, the City Council adopted Interim Urgency Ordinance No. 1309, a 45-day moratorium on the establishment and operation of medical marijuana dispensaries within the City of Tustin. The Council may extend the moratorium for up to a ten (10) month and fifteen (15) day period if approved by a four-fifths vote. Pursuant to Government Code Section 65858, ten (10) days prior to the expiration of the interim ordinance, the City Council is required to issue a report describing the measures taken to alleviate the conditions that led to the adoption of the ordinance. Interim Urgency Ordinance No. 1310 proposes to extend the moratorium by 10 months and 15 days and this report is intended to fulfill the requirements of Government Code Section 65858 (d). During this time, staff would complete a study of potential code amendments to the City's land use regulations that are needed to address the current and immediate threat to the public health, safety, and welfare. Presentation given by Elizabeth Binsack, Community Development Director Public hearing opened at 7:24 p.m. There were no other public speakers and the hearing closed at 7:25 p.m. Motion: It was moved by Councilmember Bone, seconded by Council member Kawashima, to issue the written report contained herein required by Government Code Section 65858 and adopt by Minute Motion. Motion carried 5-0. It was moved by Council member Bone, seconded by Mayor Pro Tem Hagen, to adopt Interim Urgency Ordinance No. 1310. (Requires a 4/5 vote.). Motion carried 5-0. ORDINANCE NO. 1310 - An Interim Urgency Ordinance of the City of Tustin, California, extending Ordinance No. 1309, a temporary moratorium on the legal establishment and operation of medical marijuana dispensaries within the City of Tustin for a period of 10 months and 15 days pending the completion of a study of zoning regulations that are needed to alleviate a current and actual threat to the public health, safety, and welfare CONSENT CALENDAR - It was moved by Councilmember Bone, seconded by Councilmember Kawashima, to approve Consent Calendar items 2 through 18 as recommended by staff. Motion carried 5-0. City Council Meeting Minutes March 20, 2006 Page 5 of 12 2. APPROVAL OF MINUTES - SPECIAL AND REGULAR MEETINGS OF MARCH 6, 2006 Motion: Approve the Special and Regular City Council Meeting Minutes of March 6, 2006. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $918,178.63 and $2,432,788.25; and Payroll in the amount of $577,171.55. 4. PLANNING ACTION AGENDA - MARCH 13, 2006 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 March 13 2006. 5. POLICE VEHICLE PURCHASE Motion: Authorize the purchase of two 2006 Dodge Durango SL T's from Lasher Dodge in Sacramento, CA. in the amount of $47,616.52 including tax, delivery and fees; and conversion of vehicles for police use, by Northstar Electronics in Downey, Ca. in the amount of $27,153.20. 6. RECORDS DESTRUCTION REPORT - HUMAN RESOURCES DEPARTMENT Motion: Adopt resolution. RESOLUTION NO. 06-33 - A resolution of the City Council of the City of Tustin, California, authorizing the destruction of certain city records and papers in the possession of the Human Resources Department of the City of Tustin no longer required for the conduct of city business, pursuant to the authority granted by the City of Tustin's Records Retention Schedule 7. FINAL TRACT MAP 16790: 1361 EL CAMINO REAL (IRP NEVIS TUSTIN, LLC) Final 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 March 7, 2005, the City Council approved Vesting Tentative Tract Map 16790 by adopting Resolution No. 05-45. All conditions associated with the vesting tentative map approval have been fulfilled and the final City Council Meeting Minutes March 20, 2006 Page 6 of 12 map may be approved and recorded. (Owner: IRP Nevis Tustin, LLC.) Motion: Adopt resolution. RESOLUTION NO. 06-35 - A resolution of the City Council of the City of Tustin approving Final 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 8. LEASE AGREEMENT AT THE TUSTIN SPORTS PARK WITH EXPRESS SPORTS CAFE Motion: Approve a Lease Agreement for the food and beverage concession at the Tustin Sports Park with Amy Ravetto, dba Express Sports Cafe. 9. APPROVAL OF PLANS AND SPECIFICATIONS AND AWARD OF A CONTRACT FOR ANNUAL ON-CALL STREET/ALLEY REPAIR PROGRAM FOR FISCAL YEAR 2005-2006 TO 2008-2009 (PROJECT NO. 403-6245) Motion: Adopt resolution. RESOLUTION NO. 06-34 - A resolution of the City Council of the City of Tustin, California approving Plans and Specifications for the Annual On-Call Street/Alley Repair Program (Project No. 403-6245) 10. SETTING OF A PUBLIC HEARING DATE FOR THE 2005 TUSTIN URBAN WATER MANAGEMENT PLAN UPDATE Motion: Set the public hearing for 7:00 p.m. on Monday, April 3, 2006 to respond to public comments, accept, and adopt the City's 2005 Urban Water Management Plan. 11. APPROVAL OF AMENDMENT NO.2 TO COOPERATIVE AGREEMENT NO. 12- 367 (CONSTRUCTION) WITH THE STATE OF CALIFORNIA FOR THE NEWPORT AVENUE EXTENSION/SR-55 RAMP RECONFIGURATION PROJECT (CIP NO. 7130) Motion: Approve Amendment NO.2 to Cooperative Agreement No. 12-367 with the State of California Department of Transportation (Caltrans) and authorize the Mayor and City Clerk to execute the document on behalf of the City. 12. APPROVAL OF CONTRACT FOR ANNUAL MAINTENANCE SERVICES FOR City Council Meeting Minutes March 20, 2006 Page 7 of 12 CITYWIDE TRAFFIC SIGNALS Motion: Approve contract for Annual Maintenance Services for Citywide Traffic Signals, FY 2005-2006 through FY 2010-2011, with Republic Electric and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. 13. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE FIRST STREET/B STREET PEDESTRIAN ENHANCEMENTS (CIP NO. 4068) Motion: Adopt resolution. RESOLUTION NO. 06-23 - A resolution of the City Council of the City of Tustin, California approving Plans and Specifications for the First Street / B Street Pedestrian Enhancements (CIP No. 4068), and authorizing advertisement for bids 14. CONSIDERATION OF CLAIM OF ELAINE HILL, CLAIM NO. 06-04 Motion: Deny Claim No. 06-04, Elaine Hill, and direct staff to send notice thereof to the claimant. 15. AUTHORIZATION TO PURCHASE TUSTIN COMMUTER RAIL STATION BICYCLE LOCKERS (CIP NO. 1060) Motion: Adopt resolution. RESOLUTION NO. 06-29 - A resolution of the City Council of the City of Tustin, California authorizing the purchase of bicycle lockers for the Tustin Commuter Rail Station (CIP No. 1060) 16. CONSULTANT SERVICES AGREEMENT FOR AS-NEEDED TECHNICAL SUPPORT AND ASSISTANCE WITH THE CITY'S MUNICIPAL STORM WATER PROGRAM Motion: Approve the Consultant Services Agreement with URS Corporation for As- Needed Technical Support and Assistance with the City's Municipal Storm Water Program in compliance with National Pollutant Discharge Elimination System (NPDES) requirements, and authorize the Mayor and City Clerk to execute the Consultant Services Agreement on behalf of the City. 17. AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO. D99-128 TO FUND City Council Meeting Minutes March 20, 2006 Page 8 of 12 NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL) STUDIES IN THE NEWPORT BAY WATERSHED Amendment No. 1 to Cooperative Agreement No. D99-128 will result in the addition of 4 new entities: Tustin Legacy Community Partners, Orange County Great Park Corporation, Lennar Homes of California, Inc, and the California Department of Transportation. Agreement No. 099-128 provides for the joint funding of Nutrient, Fecal Coliform, and Toxics studies in the Newport Bay Watershed pursuant to provisions of Section 303(d) of the Clear Water Act and the Municipal National Pollutant Discharge Elimination System (NPDES) Stormwater Permit as adopted by the Santa Ana Regional Water Quality Control Board. Motion: Approve Amendment No.1 to Agreement No. 099-128 "Agreement to Fund Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) Studies in the Newport Bay Watershed" and authorize the Mayor and City Clerk to execute the agreement. 18. AUTHORIZATION FOR THE STATE TO PURCHASE THREE BI-FUEL SEDANS ON BEHALF OF THE CITY Motion: Adopt resolution. RESOLUTION NO. 06-37 - A resolution of the City Council of the City of Tustin, California authorizing the Department of General Services of the State of California to purchase certain items REGULAR BUSINESS 19. CITY RESPONSE TO DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT (DPEIR) FOR ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) 2006 LONG RANGE TRANSPORTATION PLAN (LRTP) Motion: It was moved by Councilmember Amante, seconded by Councilmember Kawashima, to authorize staff to forward draft response letter to the Orange County Transportation Authority. Motion carried 5-0. 20. SB-1066 TIME EXTENSION STATUS REPORT The City has implemented all plan elements of its SB-1066 Plan of Correction. Accomplishments include: increased commercial diversion rate by 70% (from 70 tons/month to 130 tons/month); adopted revised Construction and Demolition (C&D) Debris ordinance and tracking; development and distribution of brochures and production of a video for single family, multifamily and commercial sectors; introduced source separation program for 5,000+ multifamily units with the innovation of new bins and collection routing; utilized transformation to augment City Council Meeting Minutes March 20, 2006 Page 9 of 12 the commercial and multifamily diversion efforts; and utilization of Material Recovery Facility (MRFing) to capture additional material from the multifamily sector. Presentation by Joe Meyers, Administrative Services Manager. Motion: It was moved by Mayor Pro Tem Hagen, seconded by Council member Amante, to receive and file report. Motion carried 5-0. 21. ANTICIPATED ECONOMIC DEVELOPMENT CONVEYANCE AMENDMENTS AND ENVIRONMENTAL INSURANCE FOR FLOOD CONTROL CHANNELS AT TUSTIN LEGACY City Council authorization is requested to permit City staff to execute upcoming Economic Development Conveyance Agreement Amendments with the Department of the Navy and to secure environmental in~urance coverage for certain property addressed in one of the proposed Economic Development Amendments prior to acceptance by the City of the subject property. Motion: It was moved by Mayor Pro Tem Hagen, seconded by Councilmember Kawashima, to: 21.a. Authorize the City Manager or Assistant City Manager to execute Amendment No. 1 and Amendment No. 2 to the Economic Development Conveyance Agreement with the Department of the Navy, subject to the City's special legal counsel approval of all provisions in each Amendment including proposed Navy quitclaim deeds. Also, authorize the City Manager, of his designee to carry out all actions necessary to implement the Amendments including execution of all related documents including quit claim deeds approved by the City's special legal counsel. 21.b. Authorize the Assistant City Manager, or his designee to bind environmental and pollution legal liability insurance coverage, including coverage for loss, remediation expense, legal defense expenses and natural resource damage for property at Tustin Legacy to be transferred to the City pursuant to Amendment No. 2 to the Economic Development Conveyance Agreement with the Navy, subject to special legal counsel approval of all policy endorsements, and authorize a payment amount for such policy in an amount not to exceed $302,000 including premium, broker fee, and all required taxes out of the Tustin Legacy Enterprise Fund. Motion carried 5-0. 22. AMENDMENT TO AFFORDABLE HOUSING PLAN (MOFFETT MEADOWS PARTNERS LLC.) City Council Meeting Minutes March 20, 2006 Page 10 of 12 An amendment to Affordanle Housing Plan and Density Bonus Application (dated January 17, 2005) for Planning Areas 4 and 5 (Clumbus Square Project) and Planning Area 21 (Columbus Grove Project) at Tustin Legacy to reflect approved plans for the senior housing project and reduced number of units. Motion: It was moved by Councilmember Amante, seconded by Councilmember Kawashima, to receive and file report. Motion carried 5-0. 23. RESOLUTION IN SUPPORT OF 241 TOLL ROAD COMPLETION. This item has been placed on the agenda at the request of Councilmember Jerry Amante who seeks support on behalf of the Foothill Transportation Corridor Agency to complete the 241 Toll Road. The location for the final 16 miles of Orange County's toll road system, will extend the Toll Road from where it ends at Oso Parkway to Interstate 5 near San Clemente. Council member Amante discussed benefits of project proposed. Motion: It was moved by Councilmember Amante, seconded by Councilmember Bone, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 06-41 - A resolution of the City Council of the City of Tustin, California supporting the completion of the 241 Toll Road with the "Green" Alignment, which avoids homes and businesses, avoids sensitive native habitat and wetlands, and provides an alternative to Interstate 5 that addresses the future traffic needs in South Orange County 24. CITY COUNCIL - LEGISLATIVE UPDATES Motion: It was moved by Councilmember Bone, seconded by Councilmember Kawashima to oppose SB1206 (Kehoe) and forward a letter to Senator Christine Kehoe. Motion carried 5-0. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Council member Bone: . Congratulated Police Chief on 1 Year Anniversary - 7% decrease in Part 1 Crimes Mayor Pro Tem Hagen: . Requested that every effort be made to coordinate street improvement projects on Red Hill with Tustin Legacy Street Improvement projects and OC Sanitation. City Council Meeting Minutes March 20, 2006 Page11of12 Mayor Davert: · Workshop recap on Measure M. Council will take a position in the next few months; · Met councilmember Amante and Old Town residents to discuss some pending issues; · Attended St. Patrick Day celebration at Tustin Community Preschool; · Discussed construction on Red Hill and apologized to commuters for congestion; and · Extended condolence to former Police Chief Steve Foster and family on passing of his father this morning. ADJOURNED - 7:46 P.M. - Next meeting scheduled for April 3, 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 DOUG DAVERT Mayor PAMELA STOKER City Clerk City Council Meeting Minutes March 20, 2006 Page 12 of 12