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Home My WebLink About00 CC AGENDA 01-15-07 CITY OF TUSTIN JANUARY 15, 2007 SPECIAL/REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN Jerry Amante, Mayor Pro Tem William A. Huston, City Manager Doug Davert, Councilmember Douglas Holland, City Attorney Tony Kawashima, Councilmember Lou Bone, Mayor Pamela Stoker, City Clerk Jim Palmer, Councilmember George Jeffries, City Treasurer SPECIAL MEETING 5:00 p.m. CALL TO ORDER PUBLIC INPUT – Members of the public may address the City Council on items on the Special Meeting Agenda. PRESENTATION - Tustin Police Strategic Plan Update CLOSED SESSION MEETING 5:30 p.m. The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The following items were received for the January 15, 2007 meeting of the City Council. (Agenda Items A and B) CALL TO ORDER PUBLIC INPUT – Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiator: Kristi Recchia, Director of Human Resources and Linda Jenson Employee Organization: Unclassified Confidential Employees Employee Organization: Supervisory Employee Organization: Management Employee Organization: Executive Management City Council Meeting January 15, 2007 Agenda Page 1 of 9 B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Property defined within the Master Developer footprint at Tustin Legacy (the former Marine Corps Air Station Tustin) including Reuse Plan Disposal Parcels 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, 25, 26, 27, 28, 29, 30, 31 and portions of Reuse Plan Disposal Parcel 40. City Negotiators: Christine Shingleton, Assistant City Manager Negotiators for Tustin Legacy Community Partners: Simon Whitmey Under Negotiation: Terms and Conditions of Acquisition PUBLIC MEETING 7:00 p.m. CALL TO ORDER INVOCATION – Mayor Pro Tem Amante PLEDGE OF ALLEGIANCE – Councilmember Kawashima ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney PRESENTATIONS - Orange County Human Relations Commission to present Annual Report and Certificate of Recognition to the City of Tustin - Proclamations presented by Mayor Bone to Chamber of Commerce, Man and Woman of the Year and Tustin Tiller Days & Parade Committees in recognition of their 50 Anniversaries FIRST PUBLIC INPUT - Members of the public may address the City Council only on items on the Agenda. PUBLIC HEARINGS A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Redevelopment Agency related to land use or fees. (Agenda Items 1 and 2) 1. DEVELOPMENT AGREEMENT 06-001: 191 AND 193-195 EAST MAIN STREET, TUSTIN (PROSPECT VILLAGE LP) The developer, Prospect Village LP is proposing to construct an approximately 9,300 square foot two-story commercial/office building and twelve (12) three-story live-work units on a 1.036 acre site at the northwest corner of Main Street and Prospect Avenue. The purpose of Development Agreement 06-01 is to give the developer the assurance that the City will not repeal or substantively amend the provisions of City's Public Parking Area Ordinance related to designation or de- designation of City-owned property as a public parking area in any manner that materially affects the Project, and to give the City the assurance that the Developer shall work toward and complete the development of the Project. Applicant: Prospect Village LP (formerly known as Pelican Center LLC) Recommendations: 1.a. Open and close a Public Hearing; and 1.b. Introduce, and have the first reading of Ordinance No. 1327 and set for second reading at the Council's next scheduled meeting. ORDINANCE NO. 1327 - An ordinance of the City Council of the City of Tustin, California, approving Development Agreement 06-01, as defined by Section 65865.2 of the California Government Code, between the City of Tustin and Prospect Village LP pertaining to development of the property located at 191 and 193-195 East Main Street, Tustin, California 2. AMENDING CITY CODE SECTIONS 4300 THROUGH 4362 RELATED TO SOLID WASTE MANAGEMENT Staff and the City Attorney's Office have reviewed the City Code Section for City Council Meeting January 15, 2007 Agenda Page 3 of 9 Solid Waste and have revised and updated the Code. The proposed revisions include a fifty percent diversion requirement for solid waste collection franchises and assigning responsibility for managing the Construction and Demolition Waste Ordinance to the Public Works Department. Staff is requesting the City Council conduct a public hearing to seek public and industry input, introduce Ordinance No. 1325, conduct a first reading of the ordinance and schedule the second reading for the next City Council Meeting. Recommendations: 2.a. Open and close a Public Hearing; and 2.b. Introduce, and have the first reading of Ordinance No. 1325 and set for second reading at the Council's next scheduled meeting. ORDINANCE NO. 1325 - An ordinance of the City Council of the City of Tustin, California Amending Chapter 3 of Article 4 of the Tustin City Code pertaining to Solid Waste Regulations CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the City Clerk. (Agenda Items 3 through 14) 3. APPROVAL OF MINUTES – REGULAR MEETING OF JANUARY 2, 2007 Recommendation: Approve the Regular City Council Meeting Minutes of January 2, 2007. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $2,471,991.70; $1,114,894.39; $633,582.12; and Payroll in the amount of $570,281.06 and $584,288.99. 5. CONSIDERATION OF CLAIM OF SUZIE FIGUEROA, CLAIM NUMBER 06- 35 The Claimant reported that the windshield of her 1995 Astro Van was broken when it was hit by a foul ball from a City softball league game at Columbus Tustin Park. She is asking the City to pay $250.00 for the damaged City Council Meeting January 15, 2007 Agenda Page 4 of 9 windshield. Recommendation: Deny Claim Number 06-35, Suzie Figueroa, and direct Staff to send notice thereof to the Claimant. 6. 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. Recommendation: Receive and file report. 7. PLANNING ACTION AGENDA - JANUARY 8, 2007 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of January 8, 2007. 8. AWARD OF CONTRACT FOR CONSTRUCTION OF THE PASADENA AVENUE STORM DRAIN FROM MEDALLION AVENUE TO SYCAMORE AVENUE (CIP NO. 5032) Recommendation: Award the construction contract for the Pasadena Avenue Storm Drain from Medallion Avenue to Sycamore Avenue (CIP No. 5032) to Sukut Construction, Inc., the lowest responsible and responsive bidder, in the amount of $738,716.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 9. AWARD OF CONTRACT FOR CONSTRUCTION OF THE CITY PROPERTY IMPROVEMENTS AT 450 EL CAMINO REAL (CIP NO. 1040) Recommendation: Award the construction contract for the City Property Improvements at 450 EI Camino Real (CIP No. 1040) to Green Giant Landscape, Inc., the lowest responsible and responsive bidder, in the amount of $77,690.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 10. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY 2006-2007 (CIP NO. 7001) AND THE City Council Meeting January 15, 2007 Agenda Page 5 of 9 ANNUAL SIDEWALK REPAIR PROJECT, FY 2006-2007 (PROJECT NO. 402-6235) Recommendation: Adopt resolution. RESOLUTION NO. 07-011 - A resolution of the City Council of the City of Tustin, California approving Plans and Specifications for the Annual Major Pavement Maintenance Project, FY 2006-2007 (CIP No. 7001) and the Annual Sidewalk Repair Project, FY 2006-2007 (Project No. 402-6235); and authorizing advertisement for bids 11. APPROVAL OF QUITCLAIM DEEDS (TEMPORARY CONSTRUCTION EASEMENTS) IN CONJUNCTION WITH THE RED HILL AVENUE WIDENING PROJECT AT THE 1-5 FREEWAY (CIP NO. 7133) The Quitclaim Deeds from the City of Tustin to four property owners will remise, release and forever Quitclaim temporary construction easements acquired for the Red Hill Avenue Widening Project at the 1-5 Freeway (CIP No. 7133). The temporary construction easements were necessary to construct the improvements for the subject project. Recommendation: Approve the Quitclaim Deeds for the Red Hill Avenue Widening Project at the 1-5 Freeway (CIP No. 7133), authorize the Mayor and City Clerk to execute the Quitclaim Deeds on behalf of the City, and direct the City Clerk to record all of the documents with the Orange County Recorder. 12. SURPLUS EQUIPMENT SALES REPORT (STREET SWEEPERS) Recommendation: Receive and file report. 13. CITY OF TUSTIN RESPONSE TO CITY OF SANTA ANA DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE METRO EAST MIXED USE OVERLAY ZONE PROJECT Proposed project by the City of Santa Ana will allow for the development of higher density mixed-use and/or residential land uses (up to 23 stories and an overall 3.0 floor area ratio) within an overlay zone of 200 acres. The project-specific development proposes approximately 374 residential units in buildings and approximately 8,900 square feet of commercial space. 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. Recommendation: That the City Council authorize staff to forward the draft response letter to the City of Santa Ana. City Council Meeting January 15, 2007 Agenda Page 6 of 9 14. BUILDING INDUSTRY ASSOCIATION DIRECTIONAL SIGN PROGRAM FOR NEW RESIDENTIAL DEVELOPMENTS IN THE CITY OF TUSTIN The Sign Program proposes double post-mounted freestanding signs approximately 7.5 feet high at various locations through out the City of Tustin. These signs will be located within the City's right-of-way and these signs would substitute individual builder's directional signs. Recommendation: Direct the City Manager and/or designee to negotiate and execute an agreement with the BIA/OC. REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 15 through 22) 15. FEDERAL DISPOSAL SERVICE REQUEST FOR A THREE YEAR CONTRACT EXTENSION Federal Disposal Service (FDS) has requested a 3-year contract extension from their current contract expiration date of September 30, 2007. Recommendation: Staff recommends that the City Council deny the request by Federal Disposal Service for a contract extension in accordance with City Code Section 4333 and direct staff to continue with the procurement process. 16. APPROVAL OF A REQUEST FOR PROPOSAL FOR SOLID WASTE MANAGEMENT SERVICES, APPROVAL OF PROPOSAL EVALUATION CRITERIA, APPROVAL OF THE PROPOSAL PROCESS PROTOCOL AND ESTABLISH A CITY COUNCIL SUBCOMMITTEE Staff and the City's consultant, EcoNomics Inc., have completed a Request for Proposal (RFP) for solid waste services, proposal evaluation criteria and proposed process protocol. Recommendations: 16.a. Approve the Request for Proposal (RFP) for solid waste services; 16.b. Approve the proposal evaluation criteria, 16.c. Approve the proposal process protocol; and 16.d. Appoint two City Council members to serve as a subcommittee to City Council Meeting January 15, 2007 Agenda Page 7 of 9 oversee and facilitate the proposal evaluation process and develop a recommendation to the full City Council. 17. CITY COUNCIL BADGES This item has been placed on the agenda at the request of Mayor Pro Tem Amante and Councilmember Davert. Recommendation: Pleasure of the City Council. 18. SOLICITATION ORDINANCE In response to an increased number of calls for service regarding individuals soliciting adjacent to ATMs located in various markets within the City, the Police Department has proposed an ordinance regulating aggressive solicitations and prohibiting all solicitations in certain areas. Recommendation: Introduce, and have the first reading of Ordinance No. 1328 and set for second reading at the Council's next scheduled meeting ORDINANCE NO. 1328 - An ordinance of the City of Tustin, California, adding Chapter 11 to the Tustin City Code, regulating aggressive solicitation and prohibiting all solicitation in certain areas 19. CITY BOARDS, COMMISSIONS, AND COMMITTEES Mayor Bone raised issues related to budgeting, staffing, and general allocation of resources to City Boards, Commissions, and Committees and requested that staff agendize this matter for discussion. This report provides background information on the City committees staffed by the various City departments and estimates the amount of staff time to support each committee. Recommendation: That the City Council receive and file this report and/or take action as deemed appropriate. 20. ORDINANCE SECOND READING - CHANGING CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY, AND PLANNING COMMISSION MEETING DATES, MODIFICATION TO ROBERT'S RULES OF ORDER, AND COUNCIL SALARY ADJUSTMENT Recommendation: Have second reading by title only and adoption of Ordinance No. 1326 (roll call vote). ORDINANCE NO. 1326 - An ordinance of the City of Tustin, California, City Council Meeting January 15, 2007 Agenda Page 8 of 9 amending Sections 1301, 1302, 1303 and 1515 of the Tustin City Code relating to meeting dates, rules of procedure, and council compensation 21. ORDINANCE SECOND READING - DESIGNATION OF PUBLIC PARKING AREAS Recommendation: Have second reading by title only and adoption of Ordinance No. 1323 (roll call vote). ORDINANCE NO. 1323 - An ordinance of the City of Tustin, California, adding Chapter 9 to Article 7 of the Tustin City Code, providing for the designation of public parking areas within the City 22. CITY COUNCIL – LEGISLATIVE REPORTS The following legislative items to be considered by City Council: ? SB12 (Regional Housing Needs Assessment) ? AQMD (Proposed Emission Growth Management Control Measure) Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT – Members of the public may address the City Council on any item under the jurisdiction of the City Council. OTHER BUSINESS AND COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting of the City Council is scheduled for February 5, 2007, at 5:30 p.m. for Closed Session and 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting January 15, 2007 Agenda Page 9 of 9