HomeMy WebLinkAbout05 CC ACTION AGENDA 07-03-06
Report to the
Planning Commission
DATE:
JULY 10, 2006
SUBJECT:
CITY COUNCIL ACTION AGENDA
JULY 3, 2006
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT: CITY COUNCIL ACTION AGENDA
JULY 3, 2006
ITEM #5
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ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JULY 3,2006
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present:
Mayor Doug Davert; Mayor Pro Tern Tracy Worley Hagen;
Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima
None
Maria R. Huizar, Chief Deputy 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 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
B. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - The City
Council shall confer with the City Attorney regarding the potential initiation of
litigation, pursuant to subdivision (c) of Government Code Section 54956.9 - one (1)
case.
RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed
under Closed Session.
RECONVENE - At 7:00 p.m. City Council reconvened in public session.
City Council Meeting
Action Agenda
July 3. 2006
Page 1 of 9
REGULAR MEETING
7:00 P.M.
CALL TO ORDER - 7:00 P.M.
INVOCATION"':' Walt Sullens, Tustin American Legion Post 227
COLORS PRESENTATION AND 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.
PRESENTATIONS
1. Certificates of Recognition presented by Mayor Davert to the following recipients of the
American Legion's Boys State Program:
. Jonathon Bjorndahl, Beckman High School
. Alan Lee, Foothill High School
. Steve Tran, Tustin High School
2. Presented by Vanessa Arizaga on the Citywide Blood Drive to be held on Friday, July
ih from 11 a.m. to 5 p.m. at the Tustin Community Center
FIRST PUBLIC INPUT - Billy Hall indicated that they will have a stationa~ parade in
celebration of Veteran's Day on November 1 ih , planning meeting set for July 13
PUBLIC HEARING ITEMS
1. TENTATIVE TRACT MAP 17026: TUSTIN LEGACY COMMUNITY PARTNERS
(TLCP), LLC
On June 26, 2006, the Planning Commission recommended approval of
Tentative Tract Map 17026 to subdivide approximately 805.5 acres into thirty-six
(36) parcels for financing and conveyance purposes only within Planning Areas
7,8,9,10,11,12,13,14, and 15 of the MCAS Tustin Specific Plan, generally
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Action Agenda
July 3, 2006
Page 2 of 9
bounded by Edinger Avenue to the north, Jamboree Road to the east, Barranca
Parkway to the south, and Red Hill Avenue to the west (Applicant: Tustin Legacy
Community Partners, LLC.; Owners: City of Tustin, Tustin Public Financing
Authority, and United States of America).
Presentation of staff report by Community Development Director Elizabeth Binsack
The public hearing opened at 7:15 p.m. There were no public speakers and the
hearing closed at 7:16 p.m.
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Amante, to adopt resolutions. Motion carried 5-0.
RESOLUTION NO. 06-76 - A resolution of the City of Tustin City Council
finding that the Final Environmental Impact Statement/Final Environmental
Impact Report for the disposal and reuse of MCAS Tustin ("FEIS/FEIR")
and Addendum is adequate to serve as the project EIS/EIR for Tentative
Tract Map 17026 for conveyance purposes within Planning Areas 7, 8, 9,
10, 11, 12, 13, 14, and 15 of the MCAS Tustin Specific Plan, generally
bounded by Edinger Avenue to the north, Jamboree Road to the east,
Barranca Parkway to the south, and Red Hill Avenue to the west
RESOLUTION NO. 06-77 - A resolution of the City Council of the City of
Tustin approving Tentative Tract Map 17026 to subdivide 805.5 acres into
thirty-six (36) lots for conveyance purposes within Planning Areas 7, 8, 9,
10, 11, 12, 13, 14, and 15 of the MCAS Tustin Specific Plan, generally
bounded by Edinger Avenue to the north, Jamboree Road to the east,
Barranca Parkway to the south, and Red Hill Avenue to the west
2. TENTATIVE TRACT MAPS 16581 AND 16582 - AMENDMENTS TO
COLUMBUS SQUARE AND COLUMBUS GROVE PROJECTS: LENNAR
HOMES ON BEHALF OF MOFFETT MEADOWS PARTNERS, LLC
This is a request to amend the approval for Tentative Tract Maps 16581 and
16582 for Columbus Square and Columbus Grove for the following items:
A) To revise the architectural design of Ainsley Park within Columbus Grove;
B) To reduce the size of the recreation building for Columbus Square from
5,467 square feet to 3,765 square feet and provide a more simplified
architecture without towers and decorative parapets;
C) An amendment to Condition 2.2 of Resolution No. 05-40 of Tentative Tract
Map 16581 (Columbus Square) to defer completion of the required
recreation center from: prior to issuance of the 420th building permit to
prior to the 950th building permit;
D) An amendment to the affordable housing plan to relocate an affordable
housing unit (Camden Place) in Columbus Square from a model home
unit to a production unit in phase one; and,
E) An amendment to the phasing plan of Columbus Square to allow
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Action Agenda
July 3, 2006
Page 3 of 9
construction of the senior housing project in eight (8) phases instead of
the approved three (3) phases.
On June 26, 2006, the Planning Commission adopted Resolution No. 4025
which denied the proposed architectural modifications to Ainsley Park and
Columbus Square recreation center and recommended that the City Council
approve: a) an amendment to Condition 2.2 of Resolution No. 05-40 to defer
completion of the Columbus Square recreation center from prior to the 420th
building permit to prior to final inspection of the 420th residential unit; b) an
amendment to relocate an affordable housing unit from a model home site to a
Phase One production unit; and c) a revised phasing plan to allow completion of
the senior housing project from three (3) phases to five (5) phases
Staff's recommendation is to deny the request with the exception of the phasing
plan. Staff has prepared two resolutions for Council's consideration; the first
reflecting the Planning Commission's recommendations and the second
depicting staff's recommendations in this matter.
Presentation of staff report by Community Development Director Elizabeth Binsack
The public hearing opened at 7:42 p.m.
Richard Knowland spoke on the matter and indicated that clubhouse will be
constructed to full scale originally approved, but requested an extension to
complete construction and accepted 5 phases.
There were no public speakers and the hearing closed at 7:51 p.m.
Motion: It was moved by Council member Amante, seconded by Council member
Bone, to adopt resolution incorporating the Planning Commission's
recommendations with modifications to item C (Direct staff to work with
developer on time frame that would require substantial progress before
additional permits are issued). Motion carried 5-0.
RESOLUTION - A resolution of the City Council denying: the proposed
architectural modifications to Ainsley Park; denying the proposed
simplification of the architectural design and reduction in size of the
Columbus Square Recreation Center; approving the relocation of an
affordable housing unit; denying an amendment to the Phasing Plan for
senior housing to allow complete construction within eight phases but
approving a modification of construction of the senior housing project
within five phases including the model homes and build-out; and denyin~
deferral of the completion of the recreation center from prior to the 420t
building permit to prior to the 950th building permit but approving an
amendment to Resolution 05-40 for deferral to prior to final inspection of
the 420th residential unit for the projects located in Planning Areas 4, 5
and 21 of MCAS Tustin known as Columbus Square and Columbus Grove
(Tentative Tract Maps 16581,16582 and Design Review 04-004 and 04-
006)
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Action Agenda
July 3, 2006
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CONSENT CALENDAR ITEMS - It was moved by Mayor Pro Tem Hagen, seconded by
Councilmember Kawashima, to approve items 3 through 7. Motion carried 5-0.
3. APPROVAL OF MINUTES - SPECIAL MEETING MINUTES OF JUNE 16, 2006
AND SPECIAL AND REGULAR MEETING MINUTES OF JUNE 19, 2006
Motion: Approve the Special Meeting Minutes of June 16, 2006 and the Special
and Regular Meeting Minutes of June 19, 2006.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $3,060,422.16 and $1,800,707.17;
and Payroll in the amount of $596,188.70.
5. PLANNING ACTION AGENDA - JUNE 26, 2006
All actions of the Planning Commission become final unless appealed by the City
Council or member of the public.
Motion: Ratify the Planning Commission Action Agenda of June 26, 2006.
6. DECLARATION OF SURPLUS PROPERTY
Motion:
6.a. Declare the listed equipment surplus and not required for public use; and
6.b. Authorize staff to sell/have auctioned serviceable equipment of value and
dispose of assets beyond repair.
7. RECORDS DESTRUCTION - HUMAN RESOURCES DEPARTMENT
Motion: Adopt resolution.
RESOLUTION NO. 06-81 - 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 no longer
required for the conduct of city business, pursuant to the authority granted
by the City of Tustin's Records Retention Schedule
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Action Agenda
July 3, 2006
Page 5 of 9
REGULAR BUSINESS ITEMS
8. ORDINANCE NO. 1313 SECOND READING - CODE AMENDMENT 06-002
AND WRITTEN REPORT FOR INTERIM URGENCY ORDINANCE
The proposed ordinance will approve Code Amendment 06-002, which would
remove "self-storage mini warehouses" as a permitted use in the industrial (M)
Zoning District and in the Irvine Industrial Complex Planned Communities. New
or expanded commercial self-storage facilities/self-storage mini warehouses
would no longer be permitted nor conditionally permitted in the City of Tustin.
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tern
Hagen, to have second reading by title only and adoption of Ordinance No. 1313
(roll call vote).
ORDINANCE NO. 1313 - An ordinance of the City Council of the City of
Tustin, California, repealing Tustin City Code Sections 9242b(k), and
9242c(c)(5); amending Subsection b of Section VI of the Irvine Industrial
Complex Planned Community District regulations; and amending
Subsection 1.e. of Section I of the Irvine Industrial Complex (Redhill)
Planned Community District regulations relating to Commercial Self-
Storage Facilities/Self-Storage Mini Warehouses
Motion Carried 5-0.
9. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE
Each League member city has the right to cast its vote on annual conference
resolutions. The voting delegate and alternate are appointed by the city prior to
the annual conference.
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tern
Hagen, to appoint Jerry Amante as voting delegate and Lou Bone as an alternate
delegate for the League of California Cities Annual Business Meeting scheduled
for Saturday, September 9,2006. Motion carried 5-0.
10. FEDERAL DISPOSAL SERVICE REQUEST TO EXTEND THE INTEGRATED
SOLID WASTE SERVICES CONTRACT AND PLACE AN INITIATIVE ON THE
NOVEMBER BALLOT RELATED TO THE SOLID WASTE CONTRACT
BIDDING PROCESS
Presentation by City Attorney Doug Holland.
Motion: (1) Deny request for a three-year extension of the FDS contract; (2)
Deny the ballot measure wording proposed by FDS; and (3) Direct the City
Attorney and Staff to return with an alternative ballot measure wording at the July
17th, 2006 City Council meeting along with a revised solid waste ordinance.
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Action Agenda
July 3, 2006
Page 6 of 9
11. VILLAGE OF HOPE / ORANGE COUNTY RESCUE MISSION STATUS OF
DEVELOPMENT
Motion: It was moved by Mayor Pro Tem Hagen, seconded by Council member
Kawashima to table item. Motion carried 4-1 (Amante opposed).
12. REVIEW INVESTIGATIVE REPORT DATED JUNE 7, 2006, AS PREPARED BY
THE OFFICE OF THE CITY ATTORNEY, AND PROVIDE DIRECTION OR
TAKE ACTION AS THE COUNCIL DEEMS APPROPRIATE
Councilmember Amante requested that the above referenced matter be placed
on the agenda.
Councilmember Amante - Reviewed process and facts relating to issue, read
letters from Chamber of Commerce and Commissioner Menard, finds behavior
by Commissioner Menard unacceptable and will not condone, requested
removal of Commissioner Menard from Planning Commission.
Council member Kawashima - Unaware of investigation and conclusion was
indecisive, appeared politically motivated, will not entertain thought of removing
Commissioner Menard from his position.
Mayor Pro Tem Hagen - Believes the issue is politically motivated, had no prior
knowledge of an investigation, believes it was a waste of time and taxpayers
money since Commissioner Menard intended to resign due to his upcoming bid
for a Council seat, report was inconclusive.
Councilmember Bone - Stated he has not endorsed any candidate for the
upcoming election, requested from Commissioner Menard an apology to
Kentucky Fried Chicken, City Council and to resign from the Planning
Commission.
Mayor Davert - Affirmed there was no political motivation for investigation,
disappointed by Commissioner Menard's letter to Council, would have liked an
upfront apology.
Motion: It was moved by Councilmember Amante, seconded by Councilmember
Bone, to remove Nathan Menard from the Planning Commission. Motion carried 3-
2 (Hagen and Kawashima opposed).
Council directed the City Clerk to notice vacancy and set interview date to fill
vacancy at next Council Meeting.
13. CITY COUNCIL- LEGISLATIVE UPDATES
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Action Agenda
July 3, 2006
Page 7 of 9
Councilmember Bone addressed AB2987, met with Senator Ackerman who
believes the bill will fail; HR5252 has slowed down in Senate.
Mayor Pro Tem Hagen left the meeting at 9:08 p.m.
SECOND PUBLIC INPUT - None
OTHER BUSINESS / COMMITTEE REPORTS
Councilmember Amante:
. June 21 5t attended luncheon for Transportation Corridor Agency's 20th Anniversary;
· Barnes & Noble and Pat & Oscars events raised in excess of $3,000 $:30,000 for Library
expansion project;
· Transportation Corridor Agency Financial Option subcommittee meeting on June 22nd,
leasing of toll roads would not help retire bonds earlier;
· On behalf of Councilmember Bone, attended Santa Ana River Flood Control meeting,
finishing raising of Prado Dam;
· June 23rd served as Master of Ceremonies at Chamber of Commerce installation dinner,
congratulated new President Steve Scott and Mary Hill for serving as past President;
· Congratulations to Whole Foods and Studio 17 as large and small businesses of the year;
· Participated in Leslie Pontious' 'Deportation' Hearing on June 30th - thanked for all that
she'd done for the City of Tustin; and
· Will celebrate 230th anniversary of America tomorrow and invited everyone to attend
events planned for 4th of July.
Councilmember Kawashima:
· Reminded everyone that fireworks are illegal in Tustin, invited all to celebrate 4th of July at
Tustin High School.
Councilmember Bone:
· Metrolink Board approved 6 mo extension on sheriff security services
· Southern California Association of Governments presentation by Air Resources Board on
reduction of diesel fumes;
· League of Cities policy committee on Transportation and Public Works discussed SB1404
(Machado) and SB1627 sponsored by T-Mobile;
· Lennar Charitable Housing Foundation requested possibly investigating it; and
· Campers, trailers, boats stored in side yards visible to the public; would like staff to look
into any code violations.
Mayor Davert:
· Thanked Leslie Pontious for service to the City and wished her well;
· Elected as Vice Chairman of the Board for Orange County Sanitation District;
· Orange County Vector Control grand jury issued critical report of the Board;
· Recently met with some Old Town residents regarding jet noise;
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Action Agenda
July 3, 2006
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. Library fund raiser a big success;
. Concerts in the Park on Wednesday night's at 6:00 p.m.; and
. Chamber of Commerce proposed ethics policy for city officials and asked City Attorney to
research.
ADJOURNMENT - 9:28 p.m. - Next meeting scheduled for July 17, 2006 at 5:30 p.m. for
Closed Session; and 7:00 p.m. for Regular Session at Council Chamber, 300 Centennial
Way, Tustin, California
City Council Meeting
Action Agenda
July 3, 2006
Page 9 of 9
ACTION AGENDA
OF THE SPECIAL MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JULY 3, 2006
CALL TO ORDER - 4:00 P.M.
ATTENDANCE
Present:
Absent:
City Clerk:
Others Present:
Mayor Doug Davert; Councilmembers Jerry Amante and Lou Bone
Mayor Pro Tem Tracy Worley Hagen and Councilmember Tony
Kawashima
Maria R. Huizar, Chief Deputy City Clerk
William A. Huston, City Manager and Douglas C. Holland, City
Attorney
PUBLIC INPUT - None
WORKSHOP - Fiscal Year 2006/2007 Budget
FY 2006-07 Program and Financial Plan
The draft operating budget for all funds ensures that reserves are at levels that protect the
City's financial interests and provide the flexibility to adjust in the future if needed. In the past
several years through prudent financial planning, the City has been able to sustain consistent
levels of services while:
o Maintaining a 15% General Fund operating reserve for cash flow, investment income
and unforeseen contingencies;
o Absorbing the annual loss of properly tax revenue shifted to the Educational Revenue
Augmentation Fund (ERAF) as mandated by the State;
o In fiscal years 2004-05 and 2005-06, absorbing the loss of over one million dollars in
additional General Fund revenue shifts to the State;
o Transferring monies to the capital improvement and park development funds in order
to complete essential projects;
o Transferring monies to the liability fund to meet obligations for the City's self-insured
retention level.
Total Revenue
Total Expenses
Use of Funds
State Impacts on General Fund
o Educational Revenue Augmentation Fund-diverts property tax revenue to education.
Since 1992-93 loss totals $20,871,712 (projected through fiscal year 2006-07)
o Proposition 57 - Known as the '1riple flip." Provides a revenue stream State needs to
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Action Agenda
July 3, 2006
Page 1 of 2
secure recovery bonds by:
. Reduced City share of sales tax from 1.0% to .75%
. Lost sales tax is replaced by property taxes (Le., ERAF)
. Schools are made whole by State general funds
o VLF replacement is enacted pursuant to Proposition 1A Property tax revenue (ERAF)
is used to replace lost VLF ($3.8 million in 2004-05 and in 2005-06)
o Cities agree to lose VLF revenue in 2004-05 and 2005-06. Tustin's share is $1 million
each year.
General Fund Revenue
General Fund Expenses
Proposed New Positions
Expenditures - 5 year Budgeted vs. Actual General Fund
Capital Improvement Project vs. Operating Budget
Property Tax Distribution
Sales Tax
Educational Revenue Augmentation Fund (ERAF) Losses
Public Safety Costs vs. Tax Revenues
Capital Improvement Projects
Seven Year CIP
Year End Projected Fund Balance
Policy Considerations
o Financial Planning-Fiscal Year 2006-07 and beyond
. Economic conditions
. Recovery from State takeaways and loss of sales tax generators
. Regulatory requirements
. Cost recovery
. Rates
. Commitment to technology
. Use of fund balances
o Project Phasing
. Capital costs
. Operating costs
. Commitment of staff resources
o Setting priorities
. Day-to-day operations
. Tustin Legacy project
. Tustin Town Center Project (ULI)
o Library financing
o Trash contract
o Fire contract
o Regional issues
. Measure M
. RHNA
. Water quality
ADJOURNED - 4:56 p.m.
City Council Meeting
Action Agenda
July 3, 2006
Page 2 of 2
ACTION AGENDA OF THE
REGULAR MEETING
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
JULY 3, 2006
CALL TO ORDER
9:28 p.m.
ATTENDANCE
Present:
Absent:
Recording Secretary:
Others Present:
Chair Doug Davert; Agency Members Jerry Amante, Lou Bone,
and Tony Kawashima
Chair Pro Tem Tracy Worley Hagen
Pamela Stoker
William A. Huston, Executive Director and Douglas C. Holland,
City Attorney
PUBLIC INPUT - None
REGULAR BUSINESS
1. APPROVAL OF MINUTES - REGULAR MEETING OF JUNE 19, 2006
Motion: It was moved by Agency Member Amante, seconded by Agency Member
Bone, to approve the Redevelopment Agency Minutes of June 19, 2006. Motion
. carried 4-0 (Hagen absent).
ADJOURNMENT - 9:29 p.m. - Next regular meeting scheduled for July 17, 2006 at 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin, California
Community Redevelopment Agency Meeting
Action Agenda
July 3, 2006
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