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HomeMy WebLinkAbout 00 CC AGENDA 05-01-07 CITY OF TUSTIN MAY 1, 2007 COUNCIL CHAMBER SPECIAL MEETING OF THE 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 4:30 P.M. CALL TO ORDER PUBLIC INPUT - At this time members of the public may address the City Council regarding any items on the agenda. If you wish to address the City Council, please fill out one of the Speaker Forms located on the speaker's podium and submit to the City Clerk. REGULAR BUSINESS 1. INTERVIEW AND APPOINT NINE (9) MEMBERS TOTAL TO THE PLANNING, COMMUNITY SERVICES, AND AUDIT COMMISSIONS The City Council will conduct interviews and appoint three (3) members to the Planning Commission; three (3) members to the Community Services Commission; and three (3) members to the Audit Commission. Vacancies are due to term expirations. All commission terms will have an expiration date of March 1, 2009. Recommendation: Conduct interviews and appoint members to the various commission vacancies. ADJOURNMENT City Council Meeting May 1, 2007 Agenda Page 1 of 9 CITY OF TUSTIN MAY 1, 2007 COUNCIL CHAMBER REGULAR MEETING OF THE 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 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 May 1, 2007 meeting of the City Council. (Agenda Items A thru C) 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 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 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 May 1, 2007 Agenda Page 2 of 9 PUBLIC MEETING 7:00 p.m. CALL TO ORDER INVOCATION – Khoi Phan, St. Cecilia’s Church PLEDGE OF ALLEGIANCE – Councilmember Jim Palmer ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney PRESENTATION ? Check Presentation by Glenn Kashima of Tustin Toyota in the amount of $10,000 for the Library Expansion Project PUBLIC HEARING 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 Item 1) 1. CONTINUE PUBLIC HEARING: DEVELOPMENT AGREEMENT 06-002 Development Agreement (DA) 06-002 is proposed by Tustin Legacy Community Partners, LLC. (the developer), a Delaware limited liability company. The purpose of DA 06-002 is to give the developer certain assurance that in return for Developer's commitment to the comprehensive planning for the Property that is contained in the Disposition and Development Agreement (DDA) and the Specific Plan, the City will in turn remain committed to the DDA and the Specific Plan. (Applicant: Tustin Legacy Community Partners, LLC.) Recommendation: Continue consideration of DA 06-002 to the June 5, 2007, City Council meeting. City Council Meeting May 1, 2007 Agenda Page 3 of 9 FIRST PUBLIC INPUT - At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. CONSENT CALENDAR ITEMS 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 2 through 9) 2. APPROVAL OF MINUTES – REGULAR MEETING OF APRIL 17, 2007 Recommendation: Approve the Minutes of the Regular City Council Meeting held April 17, 2007. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $2,390,948.82 and $1,002,332.33; and Payroll in the amount of $674,963.20. 4. PLANNING ACTION AGENDA - APRIL 23, 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 April 23, 2007. 5. DECLARATION OF SURPLUS PROPERTY – FINANCE DEPARTMENT The City has accumulated a large quantity of obsolete and/or damaged computer and other equipment. The listed equipment is no longer suitable or required for public use. Recommendations: 5.a. Declare the listed equipment surplus and not required for public use; and 5.b. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. City Council Meeting May 1, 2007 Agenda Page 4 of 9 6. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR THE PREPARATION OF A RISK MANAGEMENT PLAN (RMP) UPDATE Prepare and update the City's Risk Management Program (RMP) Program 2 Prevention Program for all City water treatment/production facilities. Recommendation: Approve the Consultant Services Agreement with Tracer Environmental Sciences and Technologies, Inc., to prepare a Risk Management Program (RMP) Update for the not to exceed amount of $15,160.00 and authorize the Public Works Director and City Clerk to execute the Agreement on behalf of the City subject to approval by the City Attorney. 7. SET A PUBLIC HEARING TO CONSIDER THE LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2007-2008 The City Council, at their meeting of February 5, 2007, adopted Resolution No. 07-17, which ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. Staff is requesting the City Council set a public hearing on June 5, 2007 at 7:00 p.m. to consider the annual levy of assessments of the District. The Engineer's Report has now been completed and consideration of the following actions is now appropriate: Recommendation: Adopt resolutions. RESOLUTION NO. 07-41 - 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 2007-2008 RESOLUTION NO. 07-42 - 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 2007-2008 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 8. SET A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF SOLID WASTE RATES AND PLACING RESIDENTIAL SOLID WASTE RATES ON THE FY 2007-2008 COUNTY PROPERTY TAX ROLL Pursuant to Proposition 218, a public protest hearing is required to set solid City Council Meeting May 1, 2007 Agenda Page 5 of 9 waste rates. Staff is requesting the City Council set a public hearing on June 19, 2007 at 7:00 p.m. to consider the residential and commercial rate adjustments and placement of the residential fees on the FY 2007-2008 property tax roll. Recommendation: Set a public hearing for June 19, 2007 at 7:00 p.m. to consider rate adjustments for FY 07/08 and to place the residential solid waste fees on the County's Assessor's Tax Roll. 9. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF JAMES PEERY Recommendation: Adopt resolution. RESOLUTION NO. 07-43 - A resolution of the City Council of the City of Tustin, California finding that James Peery, a local safety member, is industrially disabled from his duties as a Police Lieutenant REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 10 through 15) 10. ORDINANCE SECOND READING - ORDINANCE NO. 1337: IN-BUILDING PUBLIC SAFETY RADIO SYSTEM COVERAGE (800 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. Recommendation: Have second reading by title only and adoption of Ordinance No. 1337 (roll call vote). City Council Meeting May 1, 2007 Agenda Page 6 of 9 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 11. ORDINANCE SECOND READING - ORDINANCE NO. 1332: CODE AMENDMENT 07-001 - PLANNING COMMISSION/HISTORIC 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. 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 Commission/Historic 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. Recommendation: Have second reading by title only and adoption of Ordinance No. 1332 (roll call vote). 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 12. CONTINUE ITEM - MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE 07-001) At the meeting of April 3, 2007, the City Council made inquiries regarding the proposed Specific Plan Amendment. At the April 17, 2007 City Council meeting, staff provided a briefing on the matter and requested City Council direction. After discussion of the item, the City Council decided to continue the item for two (2) weeks or when feasible. Staff is currently in discussion with the master developer and is hoping to have resolution in the near future. Recommendation: That the Council continue Zone Change 07-001 to the May 15, 2007, City Council meeting. City Council Meeting May 1, 2007 Agenda Page 7 of 9 13. 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 A petition to form a Community Facilities District has been sent to the City by Vestar/Kimco Tustin, L.P. for the area generally known as The District at Tustin Legacy. The items for approval are the initial documents which respond to the Developer's petition and to direct staff to proceed with the creation of the district, establish the rate and method of the special tax apportionment, incur debt, and approve the selection of various Consultants. Recommendations: 13.a. Accept the Petition to Create a Community Facilities District sent by Costco Wholesale Corporation, Lowe's HIW, Inc., and Vestar/Kimco Tustin, L.P.; 13.b. Adopt resolutions; RESOLUTION NO. 07-35 - A resolution of the City Council of the City of Tustin of intention to establish a Community Facilities District and to authorize the levy of special taxes RESOLUTION NO. 07-36 - A resolution of the City Council of the City of Tustin to incur bonded indebtedness of the proposed City of Tustin Community Facilities District No. 07-1 (Tustin Legacy/Retail Center) 13.c. Authorize the City Manager or the Finance Director to sign the Deposit and Reimbursement Agreement between the City of Tustin and Vestar/Kimco Tustin, L.P.; and 13.d. Authorize the selection of various Consultants for the Community Facilities District financing as recommended by staff. 14. AWARD OF SOLID WASTE CONTRACT TO CR&R INCORPORATED The City Council Subcommittee and staff have reviewed all proposals received from solid waste haulers in response to the City's Request for Proposal for the Collection, Transportation and Disposal of Municipal Solid Waste and the Collection, Transportation, Processing and Diversion of Recyclable Materials, Yardwaste and other Materials. After a thorough evaluation process and based upon the completeness of their response, experience with similar municipalities and proposed rates, the subcommittee and staff are recommending that the City Council award the contract to CR&R Incorporated. City Council Meeting May 1, 2007 Agenda Page 8 of 9 Recommendation: The City Council Subcommittee and staff recommend that the City Council award the City's Solid Waste Franchise to CR&R Incorporated for a seven (7) year contract with three, one-year extensions and authorize the Mayor and City Clerk to execute the contract. 15. CITY COUNCIL – LEGISLATIVE REPORTS The following legislative items to be discussed by the City Council: ? AB411: Group Homes; ? SB 964: Brown Act modifications Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT - At this time, any member of the public may address the City Council on non-agenda items, within 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 Tuesday, May 15, 2007 in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting May 1, 2007 Agenda Page 9 of 9