HomeMy WebLinkAbout05 CC Action Agenda
Report to the
Planning Commission
DATE:
MAY 8, 2006
CITY COUNCIL ACTION AGENDA
APRIL 3, APRIL 17, AND MAY 1,2006
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:
ATTACHMENTS: CITY COUNCIL ACTION AGENDAS
APRIL 3, APRIL 17, AND MAY 1,2006
ITEM #5
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ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
APRIL 3, 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
None
Pamela Stoker, City Clerk
William A. Huston, City Manager and Douglas C. Holland, City
Attorney
Absent:
City Clerk:
Others Present:
PUBLIC INPUT - None
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
Propertv:
305 East Main Street
Neaotiators:
Assistant City Manager Christine Shingleton (City)
and Cathy Sipia of Cathy's Kids Club
Under Neaotiation:
Acquisition
C. 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,
City Council Meeting
Action Agenda
April 3, 2006
Page 1 of 18
28, 29, 30, 31 and portions of Reuse Plan Disposal
Parcel 40.
City Neaotiators:
Christine Shingleton, Assistant City Manager and
Clayton Gantz, Special Legal Counsel.
Neaotiators for Tustin Leaacv Communitv Partners: Les Thomas, Richard
Douglass, Simon Whitmey, and Jack Godard.
Under Neaotiation:
Price and Terms of Payment.
RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed
under Closed Session.
RECONVENE - At 7:01 p.m. City Council reconvened in public session.
PUBLIC MEETING
CALL TO ORDER - 7:01 P.M.
INVOCATION - Dane Counts, Chaplain, Tustin American Legion Post 227
COLORS PRESENTATION & PLEDGE OF ALLEGIANCE - Tustin American Legion Post
227
ROLL CALL
Present:
Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen;
Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima
None
Pamela Stoker
William A. Huston, City Manager and Douglas C. Holland, City Attorney
Absent:
City Clerk:
Others Present:
CLOSED SESSION REPORT - Nothing to report.
FIRST PUBLIC INPUT - Kimberly Parring and Jenna Loeser, representatives of Habitat for
Humanity, addressed the council on the need for affordable housing
PUBLIC HEARINGS
1. 2005 TUSTIN URBAN WATER MANAGEMENT PLAN UPDATE
The California Urban Water Management Planning Act (Act) was established by
State Assembly Bill No. 797 (AB-797). It requires urban water suppliers providing
water for municipal services of more than 3,000 connections or 3,000 acre-feet of
City Council Meeting
Action Agenda
April 3, 2006
Page 2 of 18
water production annually, to prepare, conduct a public hearing, and adopt a plan
in accordance with the prescribed requirements of the Act.
Presentation given by Fred Adjarian, Water Services Manager
Public hearing opened at 7:12 p.m. There were no public speakers and the hearing
closed at 7:12 p.m.
Motion: It was moved by Mayor Pro Tem Hagen, seconded by Councilmember
Bone, to adopt resolution. Motion carried 5-0.
RESOLUTION NO. 06-32 - A resolution of the City Council of the City of
Tustin adopting the City of Tustin's Urban Water Management Plan
pursuant to California Water Code 10610 to 10657
2. JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
Congress established the Byrne Justice Assistance Grant (JAG) program in the 2005
Omnibus Appropriations Package. The JAG program blends the previous Edward
Byrne Formula Grant (Byrne) and the Local Law Enforcement Block Grant (LLEBG)
programs into one program, which is intended to provide agencies with the flexibility
to prioritize and place justice funds where they are most needed. The Police
Department proposes to use the 2006-2007 JAG funds to purchase communications
equipment, specifically hand-held radios.
Public hearing opened at 7:12 p.m. There were no public speakers and the hearing
closed at 7:12 p.m.
Motion: It was moved by Councilmember Amante, seconded by Councilmember
Kawashima, to approve as follow:
2.a. Authorize usage of the funds as recommended by the Police Department; and
2.b. Authorize reimbursement from the County of Orange to the City of Tustin for
the purchase of Motorola radios, and authorize the Chief of Police to sign any
grant related paperwork on behalf of the City.
Motion carried 5-0.
3. MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE 05-002)
Zone Change 05-002 is an amendment to the MCAS Tustin Specific Plan to adjust
Planning Area boundaries and redistribute and/or eliminate planned land uses within
the Specific Plan area. Zone Change 05-002 would not increase the overall
development potential or residential capacity currently allowed by the MCAS Tustin
Specific Plan. On March 27, 2006, the Planning Commission recommended that the
City Council approve an Addendum to the FEIS/EIR for Disposal and Reuse of
City Council Meeting
Action Agenda
April 3, 2006
Page 3 of 18
MCAS Tustin and that the City Council approve MCAS Tustin Specific Plan
Amendment (Zone Change) 05-002.
Applicants: City of Tustin and Tustin Legacy Community Partners, LLC
Presentation given by Elizabeth Binsack, Community Development Director
Master Developer Selection
. Tustin Legacy Community Partners LLC selected to be Master Developer in
October 2003.
. TLCP LLC members include Centex Homes, Shea Homes, and Shea Properties.
. Master Developer Footprint is about 820 acres, or about 'h of the former MCAS
Tustin property.
Zone Change 05-02
. MCAS Tustin Specific Plan Amendment
. Based on Policy Direction provided by the City Council on November 1, 2004.
. Accommodates the Refined Master Development Plan for Tustin Legacy.
. Based on Several Guiding Principles.
Guiding Principles
The Community Core is the Heart. . . the Linear Park is the Soul
. Linear Park - A Tustin landmark, the project's identity, and the plan's dominant
organizing element
. Connectivity All roads lead to the park, all districts
connect to the park
. The Grid Pattern - A primary organizing street element, emphasizing pedestrian-
friendly, walkable blocks
. Community Core - A vibrant mixed-use district with a variety of land uses that will
be market responsive
. Open Community Plan - No gates, minimal barriers, community amenities
accessible to all of Tustin
. No Change In overall Specific Plan capacity limits
and overall EIR capacity limits
Proposed Amendments
. No increase in residential dwelling count.
. No increase in non-residential square footage.
. No significant change in open space.
. Some shifts in locations of future development.
Proposed Amendments - Summarized
. Remove Golf Course as land use in PA 15.
. Increase park acreages, including Linear Park.
. Change Neighborhood D and E boundaries.
. Modify permitted land uses and development standards within the Community
Core.
City Council Meeting
Action Agenda
April 3, 2006
Page 4 of 18
. Modify land use and trip budget tables.
. Provide consolidated development standards for Planning Areas 9-12.
. Amend Neighborhood G (PA 15) as follows:
. Add MHDR for transfer of unused units from PA 20 and PA 21.
. Add office uses, congregate care.
. Expand Commercial Uses.
. Eliminate hotel use in PA 15.
. Amend Neighborhood B as follows:
. Reduce development square footage.
. Allow for transfer of square footage to Neighborhood G (PA 15).
. Amend Planning Areas 7-15 as follows:
. Add parks as permitted use.
. Make daycare limits match State requirements.
. Update adult use terminology.
· Consolidate uses within general categories.
. Amend the definitions to address new uses or make clarifications.
. Amend the General Development Regulations to include standards for alcoholic
beverage sales.
. Modify parking standards for mixed uses in the Community Core.
. Modify administrative procedures in Chapter 4 for development processing.
Preparation of Addendum for MCAS Tustin FEIS/EIR :
. Extensive environmental review of the proposed project.
. Updated physical and regulatory conditions.
. Analyzed revised project based on updated conditions.
. No new significant impacts or substantially more severe impacts were identified
beyond those previously identified in the FEIS/EIR.
Councilmember Bone thanked staff on hotel issue and commented on conference
facility needed with dinner and banquet services
Mayor Davert reported on the elimination of golf course and non-gated open
community being built at Tustin Legacy.
Public hearing opened at 7:25 p.m. There were no public speakers and the hearing
closed at 7:25 p.m.
Motion: It was moved by Council member Bone, seconded by Councilmember
Amante, to approve as follow:
3.a. Adopt resolution; and
RESOLUTION NO. 06-43 - A resolution of the City Council of the City of
Tustin, California approving an Addendum to the Final Environmental Impact
Statement I Environmental Impact Report for the disposal and reuse of MCAS
Tustin (UFEIS/EIR") for MCAS Tustin Specific Plan Amendment (Zone
Change) 05-002 and Disposition and Development Agreement 06-01; and
City Council Meeting
Action Agenda
April 3, 2006
Page 5 of 18
adopting a revised mitigation monitoring and reporting program
3.b. Introduce and have first reading by title only of the following ordinance:
ORDINANCE NO. 1311 - An ordinance of the City Council of the City of
Tustin, adopting MCAS Tustin Specific Plan Amendment (Zone Change) 05-
002 to amend various sections of the MCAS Tustin Specific Plan
Motion carried 5-0.
CONSENT CALENDAR - Pulled Items 8, 10 and 15 for separate discussion. It was moved
by Councilmember Bone, seconded by Mayor Pro Tem Hagen, to approve Consent
Calendar items 4 through 7, 9, and 11 through 14 as recommended by staff. Motion carried
5-0.
4. APPROVAL OF MINUTES - REGULAR MEETINGS OF MARCH 20, 2006
Motion: Approve the Regular City Council Meeting Minutes of March 20, 2006.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $1,938,999.92 and 3,228,822.23;
Reversals in the amount of $129,649.59; and Payroll in the amount of $544,834.48.
6. CONSIDERATION OF CLAIM OF MRS. A. M. KAAS, CLAIM NO. 06-07
Motion: That the City Council deny Claim Number 06-07, Mrs. A. M. Kaas, and direct
Staff to send notice thereof to the Claimant.
7. PLANNING ACTION AGENDA - MARCH 27, 2006
All actions of the Planning Commission become final unless appealed by the City
Councilor member of the public.
Motion: Ratify the Planning Commission Action Agenda of March 27 2006.
8. APPROVAL OF A CONSULTANT SERVICE$ AGREEMENT WITH ECONOMICS,
INC. TO PREPARE A SOLID WASTE BASE YEAR STUDY FOR SUBMISSION TO
THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
In order to more accurately measure City compliance with the AB-939 diversion
requirements, up-to-date solid waste data is essential. The City's annual report
currently utilizes 2001 as the base year.
City Council Meeting
Action Agenda
April 3, 2006
Page 6 of 18
Councilmember Amante requested clarification on base year study and recycling
efforts.
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem
Hagen, to approve a Consultant Services Agreement with EcoNomics, Inc. in the
amount of $43,450 to prepare a new base year study, which will establish 2005 as the
new base year for submittal to the California Integrated Waste Management Board
(CIWMB). Motion carried 5-0.
9. BOYS & GIRLS CLUB BUS DONATION FOR THE SENIOR TRANSPORTATION
PROGRAM
The Boys and Girls Club of Tustin is offering to donate a 16-passenger bus with
wheelchair lift to the City. Its primary use would be for the Senior Transportation
Program and would replace the current back-up 1994 Ford 16A/2W (16 ambulatory /
2 wheelchairs) passenger bus.
Motion: Accept donation of a bus from the Boys and Girls Club of Tustin.
10. APPROVAL OF AMENDMENT NO.1 TO CONSUL rANT SERVICES AGREEMENT
WITH RJM DESIGN GROUP FOR ADDITIONAL pROFESSIONAL SERVICES FOR
CITRUS RANCH PARK CIP NO. 2046
Councilmember Amante requested construction start date and expected opening.
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem
Hagen, to approve a change order in the amount of $59,100 for the first amendment
to the Consultant Services Agreement between RJM Design Group, Inc. and the City
for additional design services for the Citrus Ranch Park Project (CIP NO. 2046) and
authorize the City Manager and the Director of Parks and Recreation to execute the
amended Consultant Services Agreement on behalf of the City, subject to City
Attorney approval. Motion carried 5-0.
11. AWARD OF BID FOR ONE RIDING LAWNMOWER
Motion: Award a bid for the purchase of one riding lawn mower to Bob Hicks Turf
Equipment, in the amount of $66,284.57.
12. EXTENSION OF WEST COAST ARBORIST, INC. TREE TRIMMING CONTRACT
The proposed extension will increase the existing fee schedule by 15%, with no
further increase for the duration of the five (5) year extension. The contract
amendment will also provide for an option of additional five (5) one-year extensions
based upon future Consumer Price Index adjustments.
City Council Meeting
Action Agenda
April 3, 2006
Page 7 of 18
Motion: Approve a contract amendment to provide a five (5) year extension to the
existing Tree Trimming Contract with West Coast Arborists, Inc. from July 1, 2006
through June 30, 2011 and authorize the Mayor to execute the contract amendment,
subject to the City Attorney's approval.
13. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR
THE GENERAL FUND AREAS WITH TRUGREEN LANDCARE
Approval of the second contract amendment with TruGreen LandCare will extend the
agreement for landscape maintenance services for the General Fund Areas for the
period from July 1, 2006 to June 30, 2007, with no increase in cost requested by the
contractor. The amendment also provides for the addition of landscape maintenance
services for additional City water facilities.
Motion: Approve the second amendment to the contract agreement between
TruGreen LandCare and the City of Tustin for landscape maintenance services for the
General Fund Areas, subject to City Attorney approval.
14. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR
THE ASSESSMENT DISTRICT AREAS WITH TRUGREEN LANDCARE
Approval of the second contract amendment with TruGreen LandCare will extend the
agreement for landscape maintenance services for the Assessment District areas for
the period from July 1, 2006 to June 30, 2007. This amendment also provides for the
addition of landscape maintenance services for the Peters Canyon Trail - Phase V.
Motion: Approve the second amendment to the contract agreement between
TruGreen LandCare and the City of Tustin for landscape maintenance services for the
Assessment District areas, subject to City Attorney approval.
15. CITY OF TUSTIN RESPONSE TO CITY OF SANTA ANA NOTICE OF
PREPARATION (NOP) FOR THE METRO EAST MIXED USE OVERLAY ZONE
DRAFT EIR
City Council authorization is requested for the City of Tustin's response to the Notice
of Preparation (NOP) of a Draft Environmental Impact Report (DEIR) prepared for a
General Plan Amendment and Zoning Code Amendment to allow for the development
of higher density mixed-use and/or residential land uses within an overlay zone of 200
acres. The proposed Overlay Zone is located directly adjacent to the City of Tustin,
west of Tustin Avenue, south of East Sixth Street, and between Interstate 5 and State
Route 55 in the City of Santa Ana.
Motion: It was moved by Mayor Davert, seconded by Councilmember Amante, to
authorize staff to add traffic diversion and historic resources in the draft response
letter and send to the City of Santa Ana. Motion carried 5-0.
City Council Meeting
Action Agenda
April 3, 2006
Page 8 of 18
REGULAR BUSINESS
16. TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM FAIR SHARE
ANALYSIS
An analysis has been completed of the fair share contributions required of each
development area at the former MCAS Tustin as necessary to finance public facilities
needed to serve new development.
Presentation by Christine Shingleton, Assistant City Manager
Basis for Program
. Need for infrastructure
. Requirement for a fair share or pro-rated distribution of costs
· Estimates originally created in 2001, with updates needed to reflect changes in
land use plan, new flood control and water quality requirements, and other
environmental mitigation requirements
. Report completed that has under gone intensive review and comment from major
developers at Tustin Legacy including TLCP and Lennar
Cost Allocations
. Lennar-Square
. Lennar-Grove
. Lennar-Irvine
. WL Homes
. Vestar
. TLCP
$28.4 M
18.9 M
13.1 M
9.7M
36.3m
228.0m
. Other
Contributions
13.9m
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Hagen, to review and approve the Tustin Legacy Backbone Infrastructure Program
Fair Share Analysis and instruct City Staff to utilize the fair share allocations identified
for specific development areas pursuant to contractual agreements with developers at
Tustin Legacy, conditions of entitlement approval for specific development projects at
the former base in both Tustin and Irvine and in any and all property negotiations for
disposition by the City of property at Tustin Legacy. Motion carried 5-0.
17. GRAD NIGHT FUNDING
Tustin High School and Foothill High School are requesting a $2,500 donation each
from the City to support Grad Nite Activities.
Representatives from Foothill and Tustin High requested donation from City for Grad
Nite events.
City Council Meeting
Action Agenda
April 3, 2006
Page 9 of 18
Motion: It was moved by Council member Kawashima, seconded by Mayor Pro
Tem Hagen, to approve funding as requested. Motion carried 4-1 (Bone opposed).
RECESSED TO JOINT SESSION BETWEEN THE CITY COUNCIL AND THE TUSTIN
PUBLIC FINANCING AUTHORITY AT 7:40 P.M.
18. TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT 06-01
(MASTER DEVELOPMENT SITE)
Approval is requested of a Disposition and Development Agreement (DDA) for the
Master Development site between the City of Tustin, Tustin Public Financing
Authority, and Tustin Legacy Community Partners, LLC ("TLCP" or the
"Developer") for the sale and development of certain property at Tustin legacy
(" Project").
Presentation by Christine Shingleton, Assistant City Manager
Parties to the Agreement
. TLCP (Tustin Legacy Community Partners, LLC)
. Centex Homes
. Shea Homes
. Shea Properties
. Tustin
. City of Tustin
. Tustin Public Financing Authority
Negotiating Objectives
. Business and Financial
. Maximize Land Value
. Reinvest Project Proceeds for Long Term Value Creation
. Minimize the City's Risk
. City Participation in Profits based on Value Added from development
. Risk Management
. Completion Guarantee
. Completion of Public Improvements
. Environmentallndemnification
. Fiscal Objectives
. Protection and Enhancement of the General Fund
. City Cost Recovery
. Property Maintenance and Security Responsibility
. Judicious Use of Public Funding
. Planning and Community Objectives
. Establish a New Center of Activity in the City and Region
. Create a "unique Sense of Place"
. Establish a complimentary relationship with the surrounding community
City Council Meeting
Action Agenda
April 3, 2006
Page 10 of 18
. Create livable communities
. Urban Design Objectives
. Sociable neighborhoods
. Integration with Public Uses
. Mixed Use Core
. Interconnected Open Spaces
. Human Scale
. Sustainable Design
Performance Based Transaction
. Prevent "Cherry Picking"
. Land takedown by Phase based on Performance in previous phase
· Requirements before proceeding to next phase
. Sufficient progress in the construction of Backbone Infrastructure and Local
Backbone
. Sufficient sales of land to Vertical Builders
. Sufficient construction of vertical improvements
Phases - Developable Acreage
Phase 1 160 acres
Residential - 111 acres
Mixed Use - 39 acres
Office - 10 acres
Phase 2 190 acres
Residential-74 acres
Retail - 26 acres
Office - 84 acres
Industrial - 6 acres
Phase 3 54 acres
Office - 35 acres
Retail - 2 acres
Industrial- 16 acres
Phase 4 15 acres
Closing Dates
Phase 1 Sept 15, 2006
Phase 2 Sept 15, 2009
Phase 3 July 1, 2011
Phase 4 will be contingent upon City's ability to convey Hangar 29
* All property will be conveyed to TLCP in an "as is, where is" condition
Administrative and Performance Obligations of TLCP
. TLCP pays all City costs related to negotiating and documenting DDA
. TLCP to fund all City costs associated with administering DDA not to exceed
$4,048,270
. Performance Deposit - $500,000 to secure obligations of TLCP under DDA
. Development Costs - TLCP to fund all project development costs including all
direct and indirect costs associated with acquisition, construction, and normal
City Council Meeting
Action Agenda
April 3, 2006
Page 11 of 18
entitlement fees.
Base Purchase Price
. Phase 1: no cash payment
· Phase 2: $150M (Sept 2009)
· Phase 3: $86M (July 2011)
. Phase 4: future appraisal
· TOTAL: $236M*
* does not include Phase 4 or Participation; amounts are in 2006 dollars (non-
discounted)
Participation
· City to receive 50% of profit once TLCP has reached agreed upon minimum
profit threshold
· Minimum Threshold: the greater of 20% IRR or 15% of estimated gross revenue
up to $114.5M
TLCP Infrastructure Obligations
. Backbone Infrastructure - $228M
. Total Backbone Infrastructure for Tustin Legacy is $348M... TLCP
responsible for $228M... minus any third party construction and/or
reimbursements
. A portion of Backbone costs will be recaptured by TLCP through the
establishment of Community Facility Districts (assessment districts)
. All Backbone and Local Backbone Infrastructure is to be constructed in
Phases 1 and 2
. Local Infrastructure - $204M
Overview - Scope of Development
. Residential
Ownership and Rental
. Non-Residential
Office, retail, industrial, hotel, congregate care, other
. Non-Saleable Uses
Public and Private Parks, Open Space, Schools and Infrastructure
. TOTAL:
185 ac
234 ac
403 ac
822 ac
Residential Products
Density Units Acres
Low-Density 533 104 ac
Medium-Density 489 48 ac
Medium/High Density 1,083 33 ac
TOTAL* 2,105 185 ac
* Affordable units are included in the "Total Units"
Non-Residential Uses
Uses
Retail
Square Feet
494,604
Acres
31 ac
City Council Meeting
Action Agenda
April 3, 2006
Page 12 of 18
Office (General & Office Park)
Industrial
Congregate Care
Hotel (<500 rooms)
Theatre and Other
Hangar 29 Parcel
TOTAL
4,724,324
627,046
158,994
380,000
55,001
299,074
6,739,042
145 ac
32 ac
7 ac
6 ac
2 ac
15 ac
234 ac
Non-Salable Uses
Schools 50 acres
. High School (40 acres)
. Elementary School (10 acres; can be expanded to 15 acres)
Parklands 170 acres
. Public Parks (86 acres)
· 10.4 acre sports field and water detention area
· 46 acre Community Park including tennis and aquatic facilities
. 15.7 acres in linear parks
. 14.1 acres in Neighborhood Parks
. Private Parks (84 acres)
Infrastructure 182 acres
. Backbone Infrastructure (101 acres)
. Local Infrastructure (81 acres)
TOTAL: 403 acres
Design Features
. Lineal Park System
. All neighborhoods and districts lead to the park
. Community organizing element
. Active and passive areas
. Open Community Plan
. No gated neighborhoods or districts
. Multi-Functional Circulation System
. Pedestrian environment... walkable
. Drivable environment
. Architectural framework
. Creation of focal points
. Attention will be given to appropriate massing, scale, color and quality of
exteriors
. Landscape network
. Create continuity between properties
. Attention streetscape design, pedestrian and bikeway linkages, signage,
screening, and placement of view corridors
Master Block/Community Core
. Centerpiece of Tustin Legacy
. "new urban activity zone"
. Vertically and horizontally integrated uses
· Grid pattern street system emphasizing walkable blocks
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Action Agenda
April 3, 2006
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. Mixed-Use Environment comparable in Quality and Amenities to:
. Santana Row (San Jose)
. Valencia Town Center (Valencia)
. Pearl District (Portland, Oregon)
. King Street Corridor (Mission Bay, SF)
Residential Design
. Consistent with Specific Plan
. 15% of Detached product to be Single Story
. High Architectural Quality & Character
. Four-sided Architecture
. Material, Quality and Amenities comparable to:
. Tustin Field I & II
. Master Planned Communities of Ladera and Talega
Non-Residential Design - Comparable in Quality and Amenities to:
. New Office and Industrial
. Irvine Business Center
. Irvine Spectrum
. Neighborhood Retail Centers
. Oak Creek Village Center (Irvine)
. Northpark Plaza (Irvine)
. Newport Center North (Newport Beach)
. Bluffs (Newport Beach)
TLCP's Conditions Precedent to Closing Phase 1
. Closing costs
. Sector 'A' map recordation
. Hydrology Study approved
. Implementation Strategy for Master Block within Community Core approved
. Design Guidelines approved
TLCP's Conditions Precedent to Closing Phase 2
. Sector 'B' maps for Phase 1 and 2 recorded
. Substantial Progress in Phase 1 toward:
. Completing all Backbone Infrastructure
. Completing all Local Infrastructure
. At least 75% of non-residential and mixed-use parcels in Phase 1 sold to
Vertical Builders
. 100% of residential parcels in Phase 1 (Neighborhood G) sold to Vertical
Builders
TLCP's Conditions Precedent to Closing Phase 3
. Sector 'B' maps for all TLCP Parcels recorded
. Substantial Progress:
. Phase 1
. 100% of non-residential and mixed-use parcels in Phase 1 sold to
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Action Agenda
April 3, 2006
Page 14 of 18
Vertical Builders
· Substantial progress towards the Completion of Phase 1 Vertical
Development
. Phase 2
· 100% of Backbone and Local Backbone Infrastructure in Phase 2
completed
· At least 75% of non-residential parcels in Phase 2 sold to Vertical
Builders
· Substantial progress towards the Completion of Phase 2 Vertical
Development
· 100% of residential parcels in Phase 2 (Neighborhood G) sold to Vertical
Builders
· Sector 'C' maps for all parcels located in Neighborhood G completed
Other Provisions
. Insurance
. Indemnity
. Control of Transfer Issues
. Reversion
Councilmember Bone thanked staff and developer for job well done. Inquired on
water well ownership and operation. Shingleton indicated that it would be granted
by easement to IRWD. Also would like no fences around public school/park sites.
Staff indicated that join use task force would address those issues.
Mayor Pro Tem Hagen thanked Shingleton and staff for job well done. Asked when
the final built out would be. Staff indicated that it would be approximately 2016.
Council member Kawashima commented on aquatic park and tennis complex
center.
Councilmember Amante mentioned that backbone infrastructure of Phase I (Tustin
Ranch Road north & south arterials) are needed for relief on Red Hill. Public
Works Director Serlet indicated that timing of road improvements was priority.
Mayor Davert requested periodic updates to Planning Commission and City
Council. Acknowledged receipt of letter received from TUSD on school financing.
Richard Douglas, Les Thomas, Jack Godard commented on the creative process
thus far and looking forward to development process.
Simon Whitmey, General Manager of TLCP thanked staff.
City Council Action
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Hagen, to approve the following:
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Action Agenda
April 3, 2006
Page 15 of 18
18.a. Adopt Resolution No. 06-42 approving Tustin Legacy DDA 06-01 subject to
any non-substantive modifications as may be determined necessary as may
be approved by the City Manager, or as recommended by the City's special
counselor the City Attorney and authorize the City Manager and/or Assistant
City Manager to execute the document and to take all actions necessary or
desirable to implement the DDA including the execution of all related
documents and instruments including the Memorandum of DDA, Ground
leases, Bill of Sales, Quitclaim Deeds, any necessary Subordination
Agreements, any Assignment and Assumption Agreements, any Certificates
of Compliance, any City Estoppels, any Special Restrictions and, upon
satisfaction of all conditions and obligations of Developer thereto and
pursuant to the DDA, to transfer the subject site in phases to the Developer
RESOLUTION NO. 06-42 - A resolution of the City Council of the City of
Tustin, California, approving the Tustin Legacy Disposition and Development
Agreement for the Master Development Site
Motion carried 5-0.
Tustin Public Financina Authoritv Action
Motion: It was moved by Boardmember Amante, seconded by Boardmember
Bone, to approve the following:
TPFA.2.a. Adopt TPFA Resolution No. 06-01 approving an Addendum to the
Final EIS/EIR for the Disposal and Reuse Of MCAS Tustin ("
FEIS/EIR") for DDA 06-01; and adopting a revised Mitigation
Monitoring Report.
TPFA RESOLUTION NO. 06-01 - A resolution of the Tustin Public
Financing Authority of the City of Tustin, California approving an
Addendum to the Final Environmental Impact Statement /
Environmental Impact Report for the disposal and reuse of MCAS
Tustin (UFEIS/EIR") for the Tustin Legacy Disposition and
Development Agreement 06-01 (Master Development Site); and
adopting a Revised Mitigation, Monitoring and Reporting Program
TPFA 2.b. Adopt Resolution No. 06-02 approving DDA 06-01 subject to any non-
substantive modifications as may be determined necessary as may
be approved by the City Manager, or as recommended by the City's
special counselor the City Attorney and authorize the City Manager
and/or Assistant City Manager to execute the document and to take
all actions necessary or desirable to implement the DDA including the
execution of all related documents and instruments including the
Memorandum of DDA, Ground Leases, Bill of Sales, Quitclaim Deeds,
any necessary Subordination Agreements, any Assignment and
Assumption Agreements, any Certificates of Compliance, any City
Estoppels, any Special Restrictions and, upon satisfaction of all
City Council Meeting April 3, 2006
Action Agenda Page 16 of 18
conditions and obligations of Developer thereto and pursuant to the
DDA, to transfer the subject site in phases to the Developer.
TPFA RESOLUTION NO. 06-02 - A resolution of the Tustin Public
Financing Authority, California approving the Tustin Legacy
Disposition and Development Agreement 06-01 (Master Development
Site)
Motion carried 5-0.
RECONVENED TO THE REGULAR MEETING OF THE CITY COUNCIL AT 8:16 P.M.
19. CITY COUNCIL - LEGISLATIVE UPDATES
. Discuss Proposed Ballot Measure A on the June 6, 2006 Election
Hagen & Amante, Kawashima and Davert support, Bone not supporting
Motion: It was moved by Councilmember Kawashima, seconded by Mayor Davert
to support Ballot Measure A. Motion carried 4-1 (Bone opposed)
SECOND PUBLIC INPUT - Billy Hall reported that American Legion selected 3 outstanding
boys for Boys State; Girls State program underway; would like to bring boys to council meeting
in July to report to Council.
OTHER BUSINESS / COMMITTEE REPORTS
Councilmember Amante:
· Commended staff on their professionalism and hard work especially on development of
Tustin Legacy.
Councilmember Kawashima:
· Commented on actions taken at tonight's meeting and milestone for Tustin Legacy;
· Attended Senior Center Fund Board meeting, current focus is on modernizing and
expanding kitchen to provide healthier meals for seniors; and
. Invited everyone to Casino and Karaoke Night on April 22nd.
Council member Bone:
. Thanked everyone who has participated in Base development;
. Along with Public Works Director Tim Serlet, met with CalTrans District 12 representative
to discuss recent OCTA presentation, Measure M widening of 55 and 5 freeways, funds
are available to study extension of 57 Freeway and South County Tunnel projects, and
would be working with staff on signal coordination at 5 freeway/Red Hill Avenue and 55
freeway/1 ih Street; and
City Council Meeting
Action Agenda
April 3, 2006
Page 17 of 18
· Attended State League's Policy Committee on Transportation, Communication and Public
Works; requested staff agendize SB 1627 for future discussion.
Mayor Pro Tern Hagen:
· Reflected on past 12 years since closure of Base, Council did not give in to pressures for
high-rise buildings, always considered best interests of City and residents, and
commended staff and Council on great team-work.
Mayor Davert:
· Thanked Mayor Pro Tern Hagen for thousands of hours of work on Base development;
· Tustin Police Department's Baker to Vegas run was successful;
. Attended Public Safety League Committee meeting;
· Thanked staff for hard work now and in future development of Base;
. Announced Public Hearing on water rate increase at May 1st Council meeting; and
· Adjourned in memory of former Santa Ana Mayor Lorin Griset.
ADJOURNED - 8:37 P.M. - Next meeting scheduled for April 17, 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
former Santa Ana Mayor
Lorin Griset
City Council Meeting
Action Agenda
April 3, 2006
Page 18 of 18
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
APRIL 17, 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
None
Pamela Stoker, City Clerk
William A. Huston, City Manager and Douglas C. Holland, City
Attorney
Absent:
City Clerk:
Others Present:
PUBLIC INPUT - None
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a)
· AAE vs. City of Tustin
· Amended Claim of the City of Huntington Beach
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8
ProDertv:
305 East Main Street
Neaotiators: Assistant City Manager Christine Shingleton (City) and Cathy Sipia of
Cathy's Kids Club
Under Neaotiation: Acquisition
RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed
under Closed Session.
RECONVENE. At 7:01 p.m. City Council reconvened in public session.
City Council Meeting
Action Agenda
April 17, 2006
Page 1 of 10
PUBLIC MEETING
CALL TO ORDER - 7:02 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
None
Pamela Stoker
William A. Huston, City Manager and Douglas C. Holland, City Attorney
Absent:
City Clerk:
Others Present:
CLOSED SESSION REPORT - Nothing to report.
PRESENTATIONS
. Proclamation presented by Mayor Davert to Lucinda Cavazos, of the Donate Life
Run/Walk Committee for National Donate Life Month
. Proclamation presented by Mayor Davert to Adrian Morton for his invaluable seNice on
the Parks and Recreation Commission (not present)
. Proclamation presented by Mayor Davert to Leslie Pontious for her invaluable seNice
on the Planning Commission
. Presentation by Pat Sanchez, Director of Parks and Recreation on Citrus Ranch Park
FIRST PUBLIC INPUT - Douglas R. Miller, America's Bureau of Investigations discussed
information previously distributed to Council on violent crimes.
CONSENT CALENDAR - Continue consideration of Item No. 17 to May 1, 2006.
Council member Amante abstained on Item No. 15 due to prior legal relationship with one of
the investors in the partnership. It was moved by Councilmember Amante, seconded by
Council member Bone, to approve Consent Calendar items 1 through 16 as recommended
by staff. Motion carried 5-0.
1. APPROVAL OF MINUTES - REGULAR MEETING OF APRIL 3, 2006
Motion: Approve the Regular City Council Meeting Minutes of April 3, 2006.
City Council Meeting
Action Agenda
April 17, 2006
Page 2 of 10
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $3,383,802.36 and $681,745; and
Payroll in the amount of $653,459.19.
3. CONSIDERATION OF CLAIM OF FAUSTO MONDACA, CLAIM NO. 06-03
Motion: That the City Council deny Claim Number 06-03, Fausto Mondaca, and
direct Staff to send notice thereof to the Claimant.
4. CONSIDERATION OF CLAIM OF BONITA SQUIER, CLAIM NO. 06-01
Motion: That the City Council deny Claim Number 06-01 , Bonita Squier, and direct
Staff to send notice thereof to the Claimant.
5. QUARTERLY INVESTMENT REPORT
Motion: Receive and file.
6. STATE OF CALIFORNIA HOMELAND SECURITY GRANT
The County of Orange, acting through its Sheriff-Coroner Department is the lead
agency for the Orange County Operational Area for Homeland Security. Acting in
that capacity, they have applied for, received, and accepted a grant from the
State of California Office of Homeland Security to enhance county-wide
emergency preparedness. Terms of the grant require that certain funds, property
or equipment purchased with grant funds be transferred to jurisdictions within the
operational area. The City of Tustin, as a part of the operational area, is entitled
to participate in the grant.
Motion: Authorize reimbursement from the County of Orange to the City of
Tustin for the purchase of the following items and services: MIR3 Automated
notification system, Web EOC, Terrorism Liaison Officers equipment and salary
reimbursement, and Citizen Corp equipment and funds. In addition, authorize
the Chief of Police to sign any grant related paperwork on behalf of the City.
7. DECLARATION OF SURPLUS EQUIPMENT
Motion:
7.a. Declare a 1982 Ford E-250 Van and 1988 Dodge Dakota Pick-up Truck
surplus and not required for public use; and
7.b. Authorize staff to have serviceable equipment auctioned and dispose of
City Council Meeting
Action Agenda
April 17, 2006
Page 3 of 10
those assets deemed beyond repair.
8. RESOLUTION IN SUPPORT OF BALLOT MEASURE A
The City Council at the meeting of April 3, 2006 approved by a vote of 4-1 (Bone
opposed) to support Measure A which will be on the June 6, 2006 Primary
Election ballot.
Recommendation: Adopt resolution.
RESOLUTION NO. 06-45 - A resolution of the City Council of the City of
Tustin, California supporting the Orange County Board of Supervisor's
Ballot Measure A on the June 6, 2006 Primary Election
9. AUTHORIZATION FOR THE STATE TO PURCHASE ONE FLATBED/DUMP
TRUCK
Motion: Adopt resolution.
RESOLUTION NO. 06-48 - 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
10. LOT LINE ADJUSTMENT NOS. 2006-01, 2006-02,2006-03, AND 2006-04: THE
DISTRICT AT TUSTIN LEGACY (VESTARfKIMCO TUSTIN, L.P.)
Motion: Adopt resolution.
RESOLUTION NO. 06-51 - A resolution of the City Council of the City of
Tustin, California, approving Lot Line Adjustment Nos. 2006-01, 2006-02,
2006-03, and 2006-04
11. LOT LINE ADJUSTMENT NO. 05-002: 1252-1472 EDINGER AVENUE
(PACIFIC BELL TELEPHONE COMPANY, dba SSC)
Motion: Adopt resolution.
RESOLUTION NO. 06-38 - A resolution of the City Council of the City of
Tustin, California, approving Lot Line Adjustment No. 05-002
12. CITY OF TUSTIN RESPONSE TO CITY OF ORANGE NOTICE OF
PREPARATION (NOP) FOR THE COMPREHENSIVE GENERAL PLAN
UPDATE DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT (EIR)
City Council Meeting
Action Agenda
April 17, 2006
Page 4 of 10
Motion: Authorize staff to forward draft response lelter to the City of Orange.
13. CONTRACT AMENDMENT FOR MAINTENANCE AND REPAIR SERVICES OF
THE CITY'S HVAC SYSTEMS WITH BARR ENGINEERING, INC.
Motion: Approve the second amendment to the contract agreement between
Barr Engineering, Inc. and the City of Tustin for heating, ventilation, refrigeration,
and air conditioning (HVAC) systems maintenance and repair services subject to
City Attorney approval.
14. AWARD OF CONTRACT FOR CONSTRUCTION OF THE TUSTIN RANCH
ROAD REHABILITATION BETWEEN 1-5 FREEWAY AND BRYAN AVENUE
(CIP NO. 7179), AND THE TUSTIN RANCH ROAD REHABILITATION
BETWEEN WALNUT AVENUE AND 1-5 FREEWAY (CIP NO. 7180)
Motion: Award the construction contract for the Tustin Ranch Road
Rehabilitation between 1-5 Freeway and Bryan Avenue (CIP No. 7179), and the
Tustin Ranch Road Rehabilitation between Walnut Avenue and 1-5 Freeway
(CIP No. 7180) to All American Asphalt, the lowest responsible and responsive
bidder in the amount of $993,993.00, and authorize the Mayor and the City Clerk
to execute the contract documents on behalf of the City.
15. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF TRAFFIC
SIGNAL BOND FOR 1621 EDINGER AVENUE - EDINGER AVENUE AND
PARKWAY LOOP INTERSECTION (TUSTIN BARN, LLC, CUP 02-026)
Motion: Authorize staff to release the following bond in the indicated amount:
Faithful Performance Bond No. 838171S
$200,000.00
Councilmember Amante abstained on Item No. 15.
16. LEASE AGREEMENT - DIGITAL PHOTOCOPIERS
Motion: Authorize the City Manager to execute a 60-month lease, maintenance
and supply agreement with Xerox for seven digital photocopiers in the annual
amount of $31,600.
17. APPROVAL OF CONTRACT FOR CONSTRUCTION MONITORING FIELD
SERVICES WITH RICHARD C. SLADE & ASSOCIATES LLC FOR MAIN
STREET FACILITIES, WELL NO.4 REHABILITATION
Motion: Continue consideration of matter to the May 1, 2006 Council meeting.
City Council Meeting
Action Agenda
April 17, 2006
Page 5 of 10
REGULAR BUSINESS
18. MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE 05-002)
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem
Hagen, to have second reading by title only and adoption of Ordinance No.
1311. Motion carried 5-0. (Roll Call Vote)
ORDINANCE NO. 1311 - An ordinance of the City Council of the City of
Tustin, adopting MCAS Tustin Specific Plan Amendment (Zone Change) 05-
002 to amend various sections of the MCAS Tustin Specific Plan
PUBLIC HEARING
19. FISCAL YEAR 2006-07 ACTION PLAN AND PROPOSED USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
The Housing and Community Development Act of 1974, as amended, established
the Community Development Block Grant (CDBG) program to retum federal funds
to local communities for the purpose of developing viable urban communities by
providing decent housing, suitable living environments, and by expanding
economic opportunities, specifically for low and moderate income persons.
Annually, the City is required to prepare a one-year Action Plan that implements
the goals and objectives contained in the Consolidated Plan.
Presentation given by Elizabeth Binsack, Community Development Director
Public hearing opened at 7:33 p.m. Ann McClellan representing Dayle Mcintosh
Center requested reconsideration of application. There were no other public
speakers and the hearing closed at 7:40 p.m.
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Hagen, to adopt resolution. Motion carried 5-0.
RESOLUTION NO. 06-39 - A resolution of the City Council of the City of
Tustin, California, approving the Action Plan Fiscal Year 2006-07 for
submission to the U.S. Department of Housing and Urban Development
REGULAR BUSINESS
20. DESIGN REVIEW 06-008, RAWLINGS RESERVOIR REPLACEMENT
Design Review 06-008 is a City of Tustin Water project that involves the
demolition of the existing 3.82 million gallon Rawlings Reservoir at 13331
Foothill Boulevard and the construction of two new 3.0 million gallon concrete
City Council Meeting
Action Agenda
April 17, 2006
Page 6 of 10
domestic water tanks within the same site. Also proposed is an off-site storm
drain connection within the existing right-of-way adjacent to the site. The
proposed project would provide vital system-wide operational, fire suppression,
and emergency storage for the Tustin Water Service Area.
Presentation of staff report by Fred Adjarian, Water Services Manager.
PROJECT DESCRIPTION
-Demolition of Existing Reservoir
-Construction of Two New 3 Million Gallon Partially Buried Concrete Reservoirs
-New Curb, Sidewalk and Landscaping
-Construction of Storm Drain Pipe in Foothill Boulevard
WHY IS PROJECT NEEDED?
-Replace Antiquated 3.8 MG Reservoir
- Update Seismic Integrity
-Increase Operational and Emergency Storage
-Upgrade Reservoir Security
PROJECT PHASING
-Complete Final Design:
-Prepare Asbestos Removal Planlln-Situ Hazardous Materials Removal
-Prepare Landscape Plans
-Approval of Plans & Specs/Authorize Solicitation of Bids
-Award Demolition/Construction Contract
NOISE CONSIDERATIONS
-Normal Working Hours: 7:00 AM TO 6:00 PM, Monday - Friday. Saturday 9:00
AM To 5:00 PM
-No Construction on Sundays or City-Observed Federal Holidays
-Temporary Sound Attenuation Panels
-Construction Activities Will be Monitored
AIR QUALITY CONSIDERATIONS
-Dust Controlled During Demolition and Construction
-Will Meet SCAQMD Guidelines
-Construction Emissions will meet Guidelines
-Asbestos Management Plan (Section 1403)
-Independent Third-Party HazMat Monitor
TRAFFIC CONSIDERATIONS
-Construction Operations Estimated to Generate 17 Vehicle Trips per Day
-Residents to Receive Advance Notification on Street Closures and/or Traffic
Ctty Council Meeting
Action Agenda
April 17, 2006
Page 7 of 10
Restrictions
TENTATIVE PROJECT SCHEDULE
-Approval of Plans and Specifications (February 2007)
-Advertise! Award (March 2007)
-Award Contract (April-May 2007)
-Begin Facility Construction (May 2007)
-Project Completion (February 2009)
Robin Lang, Bruce, and Mike Viramonte spoke in opposition to the project, and
concerns over asbestos.
Council discussion ensued. It was noted that storage capacity will almost double
to 13 million gallons which are needed. Must have at least 3-day operating
storage for emergencies and firefighter needs. Staff will coordinate traffic flow
with County to minimize impact.
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Amante, to adopt resolutions. Motion carried 5-0.
RESOLUTION NO. 06-49 - A resolution of the City Council of the City of
Tustin, California, adopting the Final Mitigated Negative Declaration as
adequate for Design Review 06-008, and adopting a Mitigation Monitoring
and Reporting Program, as required by the California Environmental Quality
Act
RESOLUTION NO. 06.50 - A resolution of the City Council of the City of
Tustin approving Design Review 06-008 for the Rawlings Reservoir
replacement project at 13331 Foothill Boulevard
21. SIGNS IN PUBLIC RIGHTS OF WAY
The City is restricted in the way it can regulate the exercise of speech in streets
and public rights of way. However, the City may adopt and enforce reasonable
time, place, and manner regulations for such activities. The City Council also
has the authority to prohibit signs installed in the right-of-way or fixed to public
facilities such as street lights and utility poles and may regulate the physical
characteristics of the human signs and the manner in which human signs are
displayed.
Presentation of staff report by Douglas Holland, City Attorney and requested
policy direction.
Council discussion ensued. Noted that there is a proliferation of off-site signs.
Would like reasonable and balanced restrictions without being draconian. City
Attorney Holland indicated concerns with pedestrian safety and distracting
drivers with human signs. Suggested that Council adopt reasonable time, place,
City Council Meeting
Action Agenda
April 17 , 2006
Page 8 of 10
and manner regulations for advertising activities.
Requested that the Planning Commission consider the various options and report
back to Council at a future date.
22. CITY COUNCIL - LEGISLATIVE UPDATES
· Discuss AB2197 (DeVore) Redevelopment - Bill being amended; continue
consideration to future meeting
Discuss SB1627 (Kehoe) Wireless Telecommunication Facilities - Bill being
amended. T-Mobile is sponsor. Council member Bone recommended that
Community Development control towers and not State legislators. Trend to
regulating telecommunications is on the rise.
Motion: It was moved by Councilmember Amante, seconded by Councilmember
Bone, to forward letter of opposition on SB1627. Motion carried 5-0.
SECOND PUBLIC INPUT - None
OTHER BUSINESS I COMMITTEE REPORTS
Councilmember Amante:
· Transportation Corridor Agency appointed sub-committee to work with federal and state
legislators particularly on transportation issues;
· Attended Easter Egg Hunt on Saturday, great success;
· Old Town Committee meeting discussed business development; and
· Thanked Water Services Manager Fred Adjarian for tour of water facilities.
Councilmember Kawashima:
. Invited everyone to Casino Night on April 22nd to benefit Senior Center kitchen expansion.
Councilmember Bone:
· League of Cities Transportation, Communication & Public Works Committee had
presentation on street lights; referred to Audit Committee for review;
· Metrolink meeting announced a fare increase in July and purchased 11 locomotives;
· Southern California Association of Governments appointed new President and Vice
President;
· League of Cities discussed AB2987, would like city attorney to review the bill;
· Water Advisory Committee of Orange County revised report from previous meeting
regarding water usage; and
· Street Fair Committee, Fair June 4th from 11-5 p.m., Tustin Auto Center, Ralph's Grocery
and Tustin Brewery will sponsor.
Mayor Pro Tem Hagen:
City Council Meeting
Action Agenda
April 17, 2006
Page 9 of 10
· City Manager Huston provided information on storage facility next to Fire Station 43; and
. Lobbied in Washington, DC on behalf of Orange County Fire Authority for education
center, Urban Search and Rescue training, and funding for pre-emption of traffic lights.
Mayor Davert:
· Easter Egg Hunt was a great success;
· Announced public hearing on water rate increase at May 1 st Council meeting;
· Flat Stanley attended meeting, spending 3 weeks with Mayor;
· Chamber of Commerce to have Annual Business Expo on Thursday; and
· Adjourned in memory of Elaine Elizabeth Fisher.
ADJOURNED - 8:52 P.M. - Next meeting scheduled for May 1, 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
Elaine Elizabeth Fisher
City Council Meeting April 17, 2006
Action Agenda Page 10 of 10
ACTION AGENDA OF THE
REGULAR MEETING
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
APRIL 17, 2006
CALL TO ORDER
8:52 p.m.
ATTENDANCE
Present:
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
Absent:
Recording Secretary:
Others Present:
PUBLIC INPUT - None
CONSENT CALENDAR
1. APPROVAL OF MINUTES - REGULAR MEETING OF APRIL 3, 2006
Motion: It was moved by Agency Member Bone, seconded by Agency Member
Kawashima, to approve the Redevelopment Agency Minutes of April 3, 2006.
Motion carried 5-0.
ADJOURNED - 8:53 p.m. - Next regular meeting scheduled for May 1, 2006 at 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin, California
Community Redevelopment Agency Meeting
Action Agenda
April 17, 2006
Page 1 of 1
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
MAY 1, 2006
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present:
Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen;
Council members Jerry Amante, Lou Bone, and Tony Kawashima
None
Pamela Stoker, City Clerk
William A. Huston, City Manager and Douglas C. Holland, City
Attorney
Absent:
City Clerk:
Others Present:
PUBLIC INPUT - None
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:
305 East Main Street
Neaotiators:
Assistant City Manager Christine Shingleton (City) and Cathy
Sipia of Cathy's Kids Club
Under Neaotiation: Acquisition
RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed
under Closed Session.
RECONVENE - At 7:01 p.m. City Council reconvened in public session.
City Council Meeting
Action Agenda
May 1, 2006
Page 1 of 7
PUBLIC MEETING
CALL TO ORDER - 7:12 P.M.
INVOCATION - Father John Block, St. Cecilia's Church
PLEDGE OF ALLEGIANCE - Council member Lou Bone
ROLL CALL
Present:
Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen;
Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima
None
Pamela Stoker
William A. Huston, City Manager and Douglas C. Holland, City Attorney
Absent:
City Clerk:
Others Present:
CLOSED SESSION REPORT - Nothing to report.
PROCLAMATION - Presented by Mayor Davert to Parks and Recreation Superintendent
Gary L. Magill for his invaluable service to the City of Tustin
FIRST PUBLIC INPUT - None
PUBLIC HEARING
1. PROPOSED WATER SERVICE RATES
The City of Tustin's water rates were last adjusted in November 1994. A
comprehensive Water Rate Study was undertaken in 2004 to evaluate the future
operation and capital needs of the water distribution system. An active rate
model was developed so that we may continuously monitor the financial health
of Tustin's water system. The City's Audit Committee reviewed and approved
the recommendations contained in the study. Based on the current factors
generated by the model, staff is recommending a 13.5% increase in water
service rates effective June 1, 2006, with additional increases of 11.45%
scheduled for January 2007 and 10% in January 2008.
Legal Notices were mailed out to all customers.
Presentations by Water Services Manager Fred Adjarian, Finance Director Ron
Nault and City Manager William Huston.
Council recessed at 7:34 and reconvened at 7:37 p.m.
City Council Meeting
Action Agenda
May 1, 2006
Page 2 of 7
The public hearing opened at 7:51 p.m. The following people spoke in
opposition to the water rate increase: Antonio Santos, H. M. Olson, Dave Leahy,
Berklee Maughan, Earl Williams, George Guthrie, Bill Utley, Matt Nisson, and
Pam Amelotte. The public hearing closed at 8:26 p.m.
Chief Deputy City Clerk Huizar reported that 548 valid written protest letters were
received.
Mayor Pro Tem Hagen indicated that 40% increase is excessive, affected
residents need further explanation. Would like to delay decision to provide
opportunity for residents to review comprehensive information on rate increase.
Councilmember Bone reported that current water infrastructure not adequate.
Increase amounts to 3% increase over 12 year period. Bonds were used in the
past and will continue to fund major projects, increase will generate about $4
million. Supports staff recommendation. Recommends CPI increase to be done
on a regular basis.
Councilmember Kawashima suggested incremental increases.
Council member Amante contemplated one year raise and then discuss
additional raises. Need comprehensive look at future demands. Look at water
system as enterprise and as a commodity. Suggested that Mayor establish and
appoint various members of the community to a Water Committee to study
capital improvement, as well as study pricing, scope & depth of 2000 Water
Plan.
Mayor Davert reported that City took cautious approach for compliance with legal
notice under Proposition 218.
City Manager Huston commented on readjustment of rate tier to allow less
impact of increase on low-usage households. Usage would increase from 0-6 to
0-12/HCF
Motion: It was moved by Councilmember Amante, seconded by Councilmember
Bone, to adopt resolution as amended (first tier rate change to 0-12/HCF) and
establish an ad-hoc Water Commission. Motion carried 4-1 (Hagen opposed).
RESOLUTION NO. 06-54 - A resolution of the City Council of the City of
Tustin adjusting water service rates
CONSENT CALENDAR - It was moved by Councilmember Kawashima, seconded by
Mayor Pro Tem Hagen, to approve items 2 through 12 (Item 13 was pulled by
Councilmember Amante for separate discussion and Item 14 was Tabled). Motion carried
5-0.
2. APPROVAL OF MINUTES - REGULAR MEETING OF APRIL 17, 2006
Motion: Approve the Regular City Council Meeting Minutes of April 17, 2006.
City Council Meeting
Action Agenda
May 1, 2006
Page 3 of 7
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $4,028,362.77 and $1,724,996.23;
Paid immediately in the amount of $2,700.00; and Payroll in the amount of
$566,898.94.
4. PLANNING ACTION AGENDA - APRIL 24, 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 April 24, 2006.
5. JOINT COMMUNITY FACILITIES AGREEMENT BY AND BETWEEN THE CITY
OF TUSTIN AND THE CITY OF SANTA ANA
The Cities of Tustin and Santa Ana have entered into a Joint Exercise of Powers
Agreement creating the Tustin-Santa Ana Transportation System Improvement
Authority. The Authority will be undertaking improvements at the intersections of
Dyer and Grand and Edinger and Grand. The City of Tustin wishes to fund our
portion of these projects from Community Facility District Bond proceeds. This
will require the Cities to enter into the Joint Community Facilities Agreement
attached to this report. .
Motion: Authorize the City Manager to sign a Joint Community Facilities
Agreement by and between the City of Tustin and the City of Santa Ana.
6. APPOINTMENT TO FILL VACANCY IN BOARD OF DIRECTORS OF THE
TUSTIN AREA SENIOR CENTER FUND, INC.
City Council action is required to appoint Mary Hill to the Tustin Area Senior
Center Fund, Inc. Pursuant to the Articles of Incorporation and By-Laws, the
Tustin Area Senior Center Fund, Inc., consist of five (5) Directors. Due to the
relocation out-of-state of Janet Swartz, a vacancy currently exists in the Board of
Directors. A vacancy may be filled by appointment of the City Council.
Motion: Appoint Mary Hill to the Board of Directors of the Tustin Area Senior
Center Fund, Inc.
7. LEASE VEHICLES: SPECIAL INVESTIGATIONS UNIT
The Police Department is seeking approval of City Council to lease three (3) new
vehicles to replace three (3) existing leased vehicles that are nearing the end of
their contract.
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Action Agenda
May 1 , 2006
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Motion: Approve the following three leases: 2006 Nissan Altima and 2006
Nissan Pathfinder from Tustin Nissan; and 2006 Toyota Highlander from Tustin
Toyota.
8. DECLARATION OF SURPLUS EQUIPMENT
Motion: Declare the vehicles and related equipment detailed in the agenda
report as surplus and not required for public use, in accordance with the City
Code, Section 1626 and authorize the Public Works Department to sell the
equipment at public auction.
9. AWARD OF BID FOR TWO (2) NEW 10-WHEEL DUMP TRUCKS
Motion: Award the bid for the purchase of two (2) new ten (10)-wheel dump
trucks, to Carmenita Truck Center in the amount of $248,567.38.
10. TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2006-2007
The City Council, at their meeting of February 6, 2006, adopted Resolution No.
06-18, which ordered the preparation of an Engineer's Report for the Levy of
Annual Assessments for the Tustin Landscape and Lighting District. The
Engineer's Report has now been completed and approval is required.
Motion: Adopt the resolutions.
RESOLUTION NO. 06-52 - A resolution of the City Council of the City of
Tustin, California approving the Engineer's Report for the Tustin
Landscape and Lighting District Levy of Annual Assessments for Fiscal
Year 2006-2007
RESOLUTION NO. 06-53 - A resolution of the City Council of the City of
Tustin, California declaring its intention to provide for an Annual Levy of
Assessment for Fiscal Year 2006-2007 for the improvement, maintenance
and servicing of public landscaping and lighting facilities in the Tustin
Ranch area within the boundaries of the Tustin Landscape and Lighting
District and to levy and collect assessments pursuant to the Landscaping
and Lighting Act of 1972 and Proposition 218 and giving notice thereof
11. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS
FOR TRACT MAP NO. 16527(VOIT DEVELOPMENT COMPANY)
All public improvements associated with Tract Map No. 16527 have been
completed. In addition, all monuments associated with the Tract Map have been
set, inspected, and verified as complete. The Public Works Department is now
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Action Agenda
May 1 , 2006
Page 5 of 7
recommending acceptance of the public improvements and release of the public
improvement and monumentation bonds.
Motion: Accept the public improvements and release the following bonds in the
indicated amounts:
Faithful Performance Bond, No. 024-015-176
Labor and Material Bond, No. 024-015-176
Monumentation Bond, No. 024-015-178
$ 1,209,000.00
$ 604,500.00
$ 2,500.00
12. APPROVAL OF CONTRACT FOR CONSTRUCTION MONITORING FIELD
SERVICES WITH RICHARD C. SLADE & ASSOCIATES LLC FOR MAIN
STREET FACILITIES, WELL NO.4 REHABILITATION
Approval of the subject construction management services contract with Richard
C. Slade & Associates LLC to assist City staff in completing Water Well
Rehabilitation Project.
Motion: Direct the Mayor and the City Clerk to execute the contract documents
on behalf of the City with Richard C. Slade & Associates LLC subject to City
Attorney approval as to form.
City Council authorization is requested for the City of Tustin's response to the
subject Draft Subsequent Environmental Impact Report for a proposed City of
Irvine General Plan Amendment and Zone Change, Transfer of Development
Rights, and other discretionary actions to permit residential development
consisting of 445 multi-family condominium units at the northeast corner of Main
Street and Von Karman Avenue.
Council member Amante thanked staff for thorough review and comments on
project and requested continued review of forthcoming developments.
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem
Hagen, to authorize staff to forward the draft response letter to the City of Irvine.
Motion carried 5-0.
14. APPLICATION FOR BUILDING EQUITY AND GROWTH IN NEIGHBORHOODS
(BEGIN) FUNDS FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT
Motion: Item tabled.
City Council Meeting
Action Agenda
May 1, 2006
Page 6 of 7
REGULAR BUSINESS
15. CITY COUNCIL- LEGISLATIVE UPDATES
Bone reported on US House of Representatives Bill to federalize local streets and
roads and give FCC authority over public-right-of ways. Requested that staff send
a letter to congressional representative.
SECOND PUBLIC INPUT - None
OTHER BUSINESS / COMMITTEE REPORTS
Councilmember Amante:
. Transportation Corridor Agency report on Financial Options for Foothill Eastern to help
reduce debt;
. State Department of Parks has opposed extension of Foothill South freeway due to its
location adjacent to environmental areas and a public park; and
. Final report on Measure M extension of $.005 sales tax would be forthcoming.
Councilmember Kawashima:
. Karaoke night at Tustin Area Senior Center raised $4100; and
. Announced that he would be absent at next City Council meeting.
Councilmember Bone:
. Workshop needed to address refrigerator boxes throughout the city.
Mayor Pro Tem Hagen:
. Orange County Fire Authority increased budget to allow for infrastructure cost increases.
Mayor Davert:
. Congratulations to local schools selected as 2006 California Distinguished Schools;
. Attended Mayors Summit meeting, WiFi system discussed;
. Karaoke night at Senior Center was a big success;
. Attended Senior Center Volunteer Recognition ceremony;
. Urban Land Institute will assist staff with master planning for future of Tustin;
. Thanked staff for preparation of tonight's City Council meeting; and
. Adjourned meeting in memory of former Irvine Councilmember Dave Christensen.
ADJOURNED - 9:14 p.m. - Next meeting scheduled for May 15, 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
former Irvine Councilmember Dave Christensen
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Action Agenda
May 1, 2006
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ACTION AGENDA OF THE
REGULAR MEETING
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
MAY 1, 2006
CALL TO ORDER
9:14 p.m.
ATTENDANCE
Present:
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
Absent:
Recording Secretary:
Others Present:
PUBLIC INPUT - None
REGULAR BUSINESS
1. APPROVAL OF MINUTES - REGULAR MEETING OF APRIL 17, 2006
Motion: It was moved by Agency Member Bone, seconded by Agency Member
Amante, to approve the Redevelopment Agency Minutes of April 17, 2006. Motion
carried 5-0..
ADJOURNED - 9:15 P.M. - Next regular meeting scheduled for May 15, 2006 at 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin, California
Community Redevelopment Agency Meeting
Action Agenda
May 1, 2006
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