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Home My WebLink AboutCC MINUTES 2006 07 03 MINUTES 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 Tem Tracy Worley Hagen; Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima Absent: None City Clerk: Maria R. Huizar, Chief Deputy City Clerk Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: 305 East Main Street Negotiators: Assistant City Manager Christine Shingleton (City) and Cathy Sipia of Cathy's Kids Club Under Negotiation: 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 Minutes 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 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. 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 7th from 11 a.m. to 5 p.m. at the Tustin Community Center FIRST PUBLIC INPUT - Billy Hall indicated that they will have a stationary parade in celebration of Veteran's Day on November 12th, 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 City Council Meeting Minutes July 3, 2006 Page 2 of9 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 (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 Council member Bone, seconded by Council member 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 City Council Meeting Minutes July 3, 2006 Page 3 of 9 unit to a production unit in phase one; and, E) An amendment to the phasing plan of Columbus Square to allow 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 Councilmember Amante, seconded by Councilmember 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 420lh residential unit for the projects located in Planning Areas 4, 5 City Council Meeting Minutes July 3, 2006 Page 4 of 9 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) 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 City Council Meeling Minutes 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 Tem 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 Tem 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. City Council Meeting Minutes 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. Councilmember 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 except Doug Davert, 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 Council member Amante, seconded by Council member 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 Councilmember Bone addressed AB2987, met with Senator Ackerman who believes the bill will fail; HR5252 has slowed down in Senate. City Council Meeting Minutes July 3, 2006 Page 7 of 9 Mayor Pro Tem Hagen left the meeting at 9:08 p.m. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Councilmember Amante: . June 21st attended luncheon for Transportation Corridor Agency's 20th Anniversary; · Bames & Noble and Pat & Oscars events raised in excess of $3,000 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 SB 1627 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; . 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. City Council Meeting Minutes July 3, 2006 Page 8 of 9 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 DOUG DAVERT Mayor PAMELA STOKER, City Clerk City Council Meeting Minutes July 3, 2006 Page 9 of 9