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HomeMy WebLinkAboutCC MINUTES 2007 04 17MINUTES OF THE REGULAR MEETING OFTHE CITYCOUNCIL TUSTIN, CALIFORNIA APRIL 17, 2007 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers Doug Davert, Tony Kawashima, and Jim Palmer 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 LEGAL COUNSEL -ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 (b) - 2 Cases B. CONFERENCE WITH LEGAL COUNSEL -POSSIBLE INITIATION OF LITIGATION pursuant to Government Code Section 54956.9 (c) - 2 Cases C. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) -Newport Beach and Tustin v. Irvine (Avalon Bay) D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Property defined within the Master Developer footprint at Tustin Legacy (the former Marine Corps Air Station Tustin) including Reuse Plan Disposal Parcels 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, 25, 26, 27, 28, 29, 30, 31 and portions of Reuse Plan Disposal Parcel 40. City Negotiators: Christine Shingleton, Assistant City Manager Negotiators for Tustin Legacy Community Partners: Simon Whitmey Under Negotiation: Terms and Conditions of Acquisition City Council Meeting April 17, 2007 Minutes Page 1 of 12 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 - 7:03 P.M. INVOCATION - Father John Block, St. Cecilia's Church PLEDGE OFALLEGIANCE -Councilmember Kawashima ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers Doug Davert, Tony Kawashima, and Jim Palmer Absent: None City Clerk: Pamela Stoker Others Present: UUilliam A. Huston, City Manager and Douglas C. Holland, City Attorney CLOSED SESSION REPORT- Nothing to report. PUBLIC HEARINGS 1. PUBLIC HEARING: IN-BUILDING PUBLIC SAFETY RADIO SYSTEM COVERAGE X800 MHz COMMUNICATION SYSTEM) Existing and new development of large commercial, industrial, and residential buildings in the City of Tustin has significantly reduced the capability of the Tustin Police Department and the Orange County Fire Authority to communicate with their field personnel on the radio system since the County of Orange converted its public safety radio systems to the 800 MHz Countywide Coordinated Communications System. This condition is exacerbated in subterranean and dense structures. The proposed new sections for the City of Tustin City Code will require builders, owners, and developers of non-exempted new and planned construction of dense buildings and subterranean structures to field radio test and to install in- building coverage systems in areas of those buildings that impede effective public safety radio communications. City Council Meeting April 17, 2007 Minutes Page 2 of 12 Staff report presentation by Elizabeth Binsack, Director of Community Development The Public Hearing opened at 7:14 p.m. The Public Hearing closed with no members of the public speaking on the item. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to introduce and have first reading of Ordinance No. 1337 and the second reading at the next scheduled meeting. Motion carried 5-0. ORDINANCE NO. 1337 - An ordinance of the City Council of the City of Tustin, California, creating Tustin City Code Sections 8950-8958 et seq. regarding In-Building Public Safety Radio System Coverage 2. PUBLIC HEARING: FISCAL YEAR 2007-08 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ALLOCATION, FISCAL YEAR 2007-08 ACTION PLAN, AND PROPOSED AMENDMENT TO THE CITY'S CITIZEN PARTICIPATION PLAN TO DESIGNATE THE TUSTIN COMMUNITY FOUNDATION AS THE CITIZEN PARTICIPATION COMMITTEE AND ESTABLISH A THREE (3) YEAR FUNDING PROCEDURE FOR PUBLIC SERVICE PROJECTS The Community Development Department is proposing to submit to the Federal Department of Housing and Urban Development (HUD) a FY 2007- 08 Action Plan which describes the activities that the City will undertake during the program year. The Action Plan includes the program budget for disbursement of Community Development Block Grant (CDBG) funds. The Department is also proposing to amend the City's Citizen Participation Plan (CPP} to designate the Tustin Community Foundation as the Citizen Participation Committee and establish a three (3) year funding procedure for public service projects. Staff report presentation by Elizabeth Binsack, Director of Community Development The Public Hearing opened at 7:23 p.m. The Public Hearing closed with no other members of the public speaking on the item. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to adopt resolution. Motion carried 5-0. RESOLUTION N0.07-34 - A resolution of the City Council of the City of Tustin, California, establishing the Fiscal Year 2007-08 Community Development Block Grant (CDBG} Funding Allocation, approving the Fiscal Year 2007-08 Action Plan for submission to the U.S. Department of Housing and Urban Development, amending the Citizen Participation Plan to designate the Tustin Community Foundation as City Council Meeting April 17, 2007 Minutes Page 3 of 12 the Citizen Participation Committee, and establishing a three (3} year funding procedure'for public service activities 3. PUBLIC HEARING: CODE AMENDMENT 07-001: ORDINANCE N0. 1332: PLANNING COMMISSIONIHISTORIC RESOURCE COMMITTEE CONSOLIDATION Code Amendment 06-005 consists of proposed amendments to Tustin City Code Section 9252c related to assigning cultural and historic resources responsibilities to the Planning Commission. The Mayor requested a review and asked for recommendations to consolidate and minimize impacts on City resources related to City Boards, Commissions, and Committees. After consideration of this matter on January 15 and February 20, 2007, the Council directed staff to: return with a recommendation on realignment of commission/committee responsibilities and an ordinance removing term limits for these bodies; and, initiated and referred draft Ordinance No. 1332 (Planning CommissionlHistoric Resource Committee Consolidation) to the Planning Commission for consideration. On March 13, 2007, the Planning Commission adopted Resolution No. 4057 recommending that the City Council adopt Code Amendment No. 07-001. This item was scheduled for consideration by the Council at its meeting of March 20, 2007 and continued for 30 days to solicit input from stakeholders. Staff report presentation by Elizabeth Binsack, Director of Community Development The Public Hearing opened at 7:26 p.m. The following speakers addressed the Council: Markus Brown in support of CLG program; Heidi Brown questioned Town Center Redevelopment Agency boundaries and removal of the Historic Overlay District; Mimi Whitney requested that Historic Preservation be included in General Plan; Ronda Ussery in support of Old Town Tustin Preservation; Linda Smith requested Work Plan become important element of Planning Commission; Sharon Jones noted threats to historic district including traffic, noise pollution, failed commercial merchants, and blight within the historic district; and Anthony Kuo suggested continuance of item to bridge misunderstandings of ordinance and balance concerns of residents of Old Town. The Public Hearing closed at 7:52 p.m. Council discussion ensued. Mayor Pro Tem Amante and Councilmember Davert were in support, Councilmember Kawashima was in opposition to consolidation. Council requested work plan on Historic District be priority of the Planning Commission. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to introduce and have first reading of Ordinance No. 1332 and the second reading at the next scheduled meeting. Motion carried 4-1 (Kawashima opposed). City Council Meeting April 17, 2007 Minutes Page 4 of 12 ORDINANCE NO.1332 - An ordinance of the City of Tustin, California, amending Section 9252 c and associated sections of the Tustin City Code related to assigning cultural and historic resources responsibilities to the Planning Commission 4. CONTINUE PUBLIC HEARING: DEVELOPMENT AGREEMENT 06-002 Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to continue consideration of DA 06-002 to the Council's next scheduled meeting. Motion carried 5-0. FIRST PUBLIC INPUT • Scot Proud requested involvement of residents and business community on revitalization of Old Town. • Mimi Whitney requested permit parking at 300 block of 3rd Street and suggested Overlay District be included in ULI Report, and parking ordinance to be addressed. CONSENT CALENDAR ITEMS -Mayor Pro Tem Amante excused himself from proceedings on Agenda Item 10 due to a conflict of interest and did not participate in consideration of this item. Mayor Pro Tem Amante pulled item #9 for separate consideration. It was moved by Councilmember Davert, seconded by Councilmember Palmer, to approve balance of Consent Calendar items. Motion carried 5-0. 5. APPROVAL OFMINUTES -REGULAR MEETING OF APRIL 3, 2007 Motion: Approve the Minutes of the Regular City Council Meeting held April 3, 2007. 6. CONSIDERATION OF CLAIM OF AZIN SHAD, CLAIM N0.07-05 Motion: Deny Claim Number 07-05, Azin Shad, and direct staff to send notice thereof to the Claimant. 7. QUARTERLY INVESTMENT REPORT Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Motion: Receive and file. ------ City Council Meeting April 17, 2007 Minutes Page 5 of 12 8. PLANNING ACTION AGENDA -APRIL 9, 2007 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 April 9, 2007. 9. CITY OF TUSTIN RESPONSE TO CITY OF IRVINE NOP OF A DSEIR FOR DEVELOPMENT IN PLANNING AREAS 10 AND 12 City Council authorization is requested for the City of Tustin's response to the subject Notice of Preparation (NOP} of a Draft Subsequent Environmental Impact Report (DSEIR) to the Planning Area 401Spectrum 8 EIR for a proposed City of Irvine General Plan Amendment and Zone Change. These actions are associated with the proposed development of approximately 3,918 dwelling units and 1,845,000 square feet of Multi-Use in Planning Area (PA) 40 (586 acres) and approximately 575,000 square feet of Research and Industrial uses (or 1,309 dwelling units) on a 36-acre parcel in Planning Area (PA)12. Also proposed are two schools and various parks and open space. PA 40 is generally bounded by Jeffrey Road to the west, the I-5 Freeway to the south, the Orange County Great Park to the east, and Trabuco Road to the north. The portion of PA 12 is generally bounded by vacant land to the west, the I-5 Freeway to the north, Sand Canyon Avenue to the east, and OCTA railroad tracks to the south. Mayor Pro Tem Amante noted project impacts to Tustin residents. Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Davert, to authorize staff to forward the draft response letter to the City of Irvine. Motion carried 5-0. CITY OF TUSTIN RESPONSE TO ORANGE COUNTY SANITATION DISTRICT PEIR FOR PROPOSED IMPROVEMENTS City Council authorization is requested for the City of Tustin's response to the subject Program Environmental Impact Report (PEIR) for proposed improvements to the Sanitation District's wastewater collection system. The proposed actions constitute the Collection System Improvement Plan. One of the proposed improvement projects is the Browning Subtrunk Sewer Relief project ("Project"), which would increase the capacity of 7,800 feet of sewer line beneath Browning Avenue between Rainbow Drive and Mitchell Avenue. A portion of the sewer line is located in the City of Tustin. Motion: Authorize staff to forward the draft response letter to the Orange County Sanitation District. Motion carried 4-0-1 (Amante Absent) City Council Meeting April 17, 2007 Minutes Page 6 of 12 11. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $1,641,607.43 and $965,312.44; and Payroll in the amount of $641,088.49. 12. APPROVAL OF PRE-QUALIFICATION PACKAGE FOR CONSTRUCTION OF THE TUSTIN LIBRARY Staff has prepared a Pre-qualification Package for construction of the Tustin Library. The package includes a standard questionnaire and financial statement, a uniform system of rating bidders based upon objective criteria, and an appeal procedure which will allow a contractor to appeal decisions that they are not qualified to bid. Motion: By minute order, approve the Pre-qualification Package for construction of the Tustin Library. 13. AWARD OF CONTRACT FOR CARPET PURCHASING, REMOVAL AND INSTALLATION AT CITY HALL (CIP NO. 1032) UTILIZING THE CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) BID PROCESS SUMMARY Approval of Resolution No. 07-38 will authorize the award of a contract to Shaw Industries, Inc., dba Shaw Strategic Solutions Group for carpet purchasing, removal and installation at City. Hall (CIP No. 1032) using the California Multiple Award Schedule (CMAS) bid process under the General Services Department of the State of California. Motion: Adopt resolution. RESOLUTION N0.07-38 - A resolution of the City Council of the City of Tustin, California authorizing the award of contract to Shaw Industries, Inc., dba Shaw Strategic Solutions using the California Multiple Award Schedule (CMAS) bid process under the General Services Department of the State of California 14. AWARD OF CONTRACT FOR ANNUAL STRIPING AND PAVEMENT MARKINGS PROGRAM FOR FISCAL YEARS 2007/2008 THROUGH 2011/2012 (PROJECT N0.402-6230) Bids for the Annual Striping and Pavement Markings Program for Fiscal Years 2007/2008 through 201112012 (Project No. 402-6230) have been received and a contract is ready to be awarded. This project provides for the maintenance of existing citywide striping and pavement markings, and installation of new striping and pavement markings at various locations. City Council Meeting April 17, 2007 Minutes Page 7 of 12 Motion: Award the contract for the Annual Striping and Pavement Markings Program for Fiscal Years 2008/2009 through 201112012 Project No. 402- 6230) to J & S Sign Company, Inc., the lowest responsible and responsive bidder, in the amount of $212,942.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. REGULAR BUSINESS 15. SET INTERVIEW DATE FOR COMMISSION VACANCIES: AUDIT, COMMUNITY SERVICES (FORMERLY PARKS AND RECREATION), AND PLANNING COMMISSIONS Due to term expirations, staff is requesting that the City Council set a date and time to conduct interviews to fill vacancies on the Audit Commission, Community Services Commission (formerly Parks and Recreation), and on the Planning Commission. Set May 1, 2007 at 4:30 p.m. as a Special Meeting to conduct interviews. 16. RESOLUTION ON COMMISSION COMPENSATION Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to adopt resolution. Motion carried 5-0. RESOLUTION 07-40 - A resolution of the City Council of the City of Tustin, California, amending the compensation for Planning Commission, Community Services Commission members 17. WORK PROGRAM TO BEGIN IMPLEMENTATION OF URBAN LAND INSTITUTE ADVISORY PANEL RECOMMENDATIONS FOR TUSTIN TOWN CENTER Authorization is requested for Staff to proceed with an initial work program to begin implementing certain major ULI Panel recommendations for the Tustin Town Center. Staff report presentation by Christine Shingleton. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to: 17.a. Authorize staff to proceed with the initial work program to implement certain major ULI Panel recommendations for the Tustin Town Center, and authorize the City Manager or his representative to City Council Meeting April 17, 2007 Minutes Page 8 of 12 execute any necessary consultant services agreements within the projected cost estimates provided herein, for preparation of a Refined Market Analysis and NeighborhoodlConcept Plans for the priority phases, subject to City Attorney review and approval of any agreements; 17.b. Appropriate $35,000 for preparation of the Refined Market Analysis from un-appropriated fund balances in the South Central, South Central Housing Set-Aside, and Town Center Redevelopment projects to the following accounts: $14,000 in account 52-600-6010, $14,000 in account 53-600-6010, and $7,000 in account 58-600-6010; and 17.c. As work progresses on the preparation of the Neighborhood/Concept Plans, instruct staff to return with a more refined work program for General Plan, major zoning or overlay zoning modifications necessary to implement the Neighborhood/Concept Plans, including new development standards and any necessary environmental impact analysis and documentation. Motion carried 5-0. 18. CITY COUNCIL- LEGISLATIVE REPORTS The following legislative items to be discussed by the City Council. • SB 229 (Large & Heavy Load Vehicles - It was moved by Mayor Bone, seconded by Mayor Pro Tem Amante, to oppose Bill. Motion carried 5-0. • AB 321 (Speed Limits Close to Schools - It was moved by Mayor Pro Tem Amante, seconded by Councilmember Davert, to oppose Bill. Motion carried 5-0. 19. ORDINANCE SECOND READING: MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE 07-001) Staff report presentation by Elizabeth Binsack, Director of Community Development. Staff requested Council policy direction on off-street parking issues for local and arterial streets. Council discussion ensued. Councilmember Davert commented on tandem parking concerns, in-tract street parking. Mayor Pro Tem Amante suggested no parking on local arterial streets. Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Kawashima, to continue consideration of matter to 2 weeks or when feasible and call a Special Meeting to discuss this and any other Tustin Legacy Community Partners (TLCP) issues. Motion carried 5-0. City Council Meeting April 17, 2007 Minutes Page 9 of 12 20. ESTABLISH A COMMUNITY FACILITIES DISTRICT AND AUTHORIZE THE LEVY OF SPECIAL TAXES, AND INCUR BONDED INDEBTEDNESS OF THE PROPOSED CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 07-1 Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to continued to May 1St at the request of staff. Motion carried 5- 0. RECESS AT 9:13 P.M. TO AJOINT MEETING BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY, TUSTIN PUBLIC FINANCING AUTHORITY, AND CITY COUNCIL 21. LOAN AGREEMENT WITH CITIGROUP GLOBAL MARKETS It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to approve the following item: Motion carried 5-0. Community Redevelopment Agency Action (Item No. 2) Motion: Adopt resolutions. RDA RESOLUTION NO. 07-03 - A resolution of the Tustin Community Redevelopment Agency approving the form and authorizing the issuance of a promissory note and approving the form and authorizing the execution of a note purchase agreement relating thereto, in an amount not to exceed $5,100,000, in connection with the financing of the acquisition of certain land within the agency's South Central Redevelopment Project but of benefit to its MCAS Tustin Redevelopment Project and authorizing and directing actions with respect thereto (Series ANote -Tax-Exempt) RDA RESOLUTION NO. 07-02 - A resolution of the Tustin Community Redevelopment Agency approving the form and authorizing the issuance of a promissory note and approving the form and authorizing the execution of a note purchase agreement relating thereto, in an amount not to exceed $19,900,000, in connection with the financing of the acquisition of certain land within the agency's South Central Redevelopment Project but of benefit to its MCAS Tustin Redevelopment Project and authorizing and directing actions with respect thereto (Series B Note -Taxable) Tustin Public Financing Authority Action (Item No. 2) Motion: Adopt resolutions. City Council Meeting April 17, 2007 Minutes Page 10 of 12 TPFA RESOLUTION NO. 07-03 - A resolution of the Tustin Public Financing Authority approving the form and authorizing the execution of a note purchase agreement in an amount not to exceed $5,100,000, in connection with the financing by the Tustin Community Redevelopment Agency of the acquisition of certain land within the agency's South Central Redevelopment Project but of benefit to its MCAS Tustin Redevelopment project and authorizing and directing actions with respect thereto (Series ANote -Tax-Exempt) TPFA RESOLUTION NO .07-02 - A resolution of the Tustin Public Financing Authority approving the form and authorizing the execution of a note purchase agreement in an amount not to exceed $19,900,000, in connection with the financing by the Tustin Community Redevelopment Agency of the acquisition of certain land within the agency's South Central Redevelopment Project but of benefit to its MCAS Tustin Redevelopment Project and authorizing and directing actions with respect thereto (Series B Note -Taxable} City Council Action (Item No. 21) Motion: Adopt resolutions. RESOLUTION N0. 07-39 - A resolution of the City Council of the City of Tustin approving the issuance by the Tustin Community Redevelopment Agency of a promissory note in an amount not to exceed $5,100,000, in connection with the financing of the acquisition of certain land within the agency's South Central Redevelopment Project but of benefit to its MCAS Tustin Redevelopment Project (Series A Note -Tax-Exempt) RESOLUTION N0. 07-37 - A resolution of the City Council of the City of Tustin approving the issuance by the Tustin Community Redevelopment Agency of a promissory note in an amount not to exceed $19,900,000, in connection with the financing of the acquisition of certain land within the agency's South Central Redevelopment Project but of benefit to its MCAS Tustin Redevelopment Project (Series B Note -Taxable) CITY COUNCIL MEETING WAS RECONVENED AT 9:14 P.M. WITH ALL MEMBERS PRESENT SECOND PUBLIC INPUT - None OTHER BUSINESS AND COMMITTEE REPORTS Councilmember Kawashima: • Inquired as to street improvements on Tustin Ranch Road and impacts on traffic. Councilmember Palmer: • Water usage report, 281,000,000 gallons of water used last month; • Met with Homeland Security Board, discussed issues affecting Los Angeles and Orange Counties; • Encouraged residents to apply for open commission seats; City Council Meeting April 17, 2007 Minutes Page 11 of 12 • Thoughts and prayers to officer Sean Whiteley hurt in the line of duty last week; • Congratulations to Jeane Thorman Elementary school on receipt of Academic Achievement award; and • Congratulations to Beckman High school's invitation to play at Carnegie Hall. Councilmember Davert: • Thanked Patrick Sanchez, Parks and Recreation Director for service to the community and congratulations on upcoming retirement. Mayor Pro Tem Amante: • Echoed sentiments of Councilmember Davert on Parks & Recreation Director Patrick Sanchez' retirement; • Financial Options Committee of Transportation Corridor Agency discussed acquisition of roads by another agency; • Attended meeting with Old Town merchants on revitalization of down town; • Orange County Transportation Authority meeting report on goods movement, ports, train and traffic will increase; • Attended Joe MacPherson's Memorial Service; and • Paraphrased letter received by Milford Wayne Donaldson, Office of Historic Preservation. Mayor Bone: • Senior Volunteer Recognition Luncheon held today, had 112 recipients that totaled 27,205 hours of community service; • Orange County EfficientlEffective Government report, healthcare liability is at $600 million, bankruptcy debt is $1 billion and pension liability debt is $2.7 billion; • Invited everyone to attend Street Fair on June 3rd , K-Big radio station will be broadcasting live; and • Flags will fly at half-staff in memory of victims of Virginia Tech Massacre. ADJOURNED - 9:31 P.M. -The next meeting of the City Council is scheduled for Tuesday, May 1, 2007 at 5:00 p.m. for a Special Meeting, following by the regular meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California LOU BONE, PAMELA STOKER Mayor City Clerk City Council Meeting April 17, 2007 Minutes Page 12 of 12