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HomeMy WebLinkAbout00 CC AGENDA 06-05-07CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Doug Davert, Councilmember Tony Kawashima, Councilmember Jim Palmer, Councilmember JUNE 5, 2007 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN William A. Huston, City Manager Douglas Holland, City Attorney Pamela Stoker, City Clerk 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 June 5, 2007 meeting of the City Council. (Agenda Items A thru D) 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 LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Ag~y Ne.. otiators: Kristi Recchia, Director of Human Resources and Linda Jenson Employee Organization: Tustin Police Officers Association (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Tustin Police Management Association (TPMA) City Council Meeting June 5, 2007 Agenda Page 1 of 11 D. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION pursuant to government Code Section 54956.9(c) Amy Harchol and Arther Masaoka vs. City of Tustin; Woodruff, Spradlin & Smart; Greenleaf Demolition & Grading Company; and First American Title Company, OCSC No. 03CC11089 PUBLIC MEETING 7:00 p.m. ~~ ~~ CALL TO ORDER INVOCATION - Khoi Phan, St. Cecilia's Church PLEDGE OFALLEGIANCE -Mayor Bone ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney PRESENTATIONS • Certificates of Recognition presented by Mayor Bone to the following Tustin Pride essay/poster contest winners: Elementary Schools "How Can I Set A Good Example In My City?" Jacob Solorzano Shaheed Niazi Jared Davis Stephanie Kim Kassey Cho Daphne Chavez Anneus Garcia Kawaski Amanda North Grade 1 Essay Veeh Grade 2 Essay Benson Grade 2 Poster Benson Grade 3 Essay Myford Grade 4 Essay Tustin Memorial Grade 4 Poster Beswick Grade 5 Essay Guin Foss Grade 5 Poster Tustin Memorial Middle Schools "What Would It Be Like To Live In A Drug Free City?" Sarah Rogers Grade 6 Essay Hewes Andrea Celis Grade 6 Poster Utt Eddie Russek Grade 7 Poster Utt Erica Mills Grade 8 Essay Utt City Council Meeting June 5, 2007 Agenda Page 2 of 11 • Presentation by Judy Woolen, Director, Government Affairs of KB Homes on the cost of housing 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. PUBLIC HEARING ITEMS A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Redevelopment Agency related to land use orfees. (Agenda Items 1 through 4) 1. 2007 JUSTICE ASSISTANCE GRANT (JAG) Congress established the Byrne Justice Assistance Grant (JAG) program in the 2005 Omnibus Appropriations Package. The JAG program blends the previous Edward Byrne Formula Grant (Byrne) and the Local Law Enforcement Block Grant (LLEBG) programs into one program, which is intended to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. The Police Department proposes to use the 2007 JAG funds to provide supplemental funding to the Proactive Methamphetamine Task Force (PROACT) and to purchase communications equipment, specifically radio earpieces for hand-held radios. Recommendations: 1.a. Open and close a Public Hearing; 1.b. Authorize usage of the funds as recommended by the Police Department; and 1.c. Authorize reimbursement from the County of Orange to the City of Tustin for the purchase of radio ear pieces, and authorize the Chief of Police to sign any grant related paperwork on behalf of the City. 2. CONSIDERATION OF THE LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2007- 2008 The City Council will conduct a Public Hearing and provided there is no majority protest, adopt Resolution No. 07-50 confirming the 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 City Council Meeting June 5, 2007 Agenda Page 3 of 11 preparation of an Engineer's Report for the levy of annual assessments for the Tustin Landscape and Lighting District. Subsequently, at their meeting of May 1, 2007, the City Council adopted the following resolutions: Resolution No. 07-41 approved the Engineer's Report for Fiscal Year 2006-2007; and Resolution No. 07-42 declared the City Council's intention to levy assessments for Fiscal Year 2007-2008 and set a public hearing for June 5, 2007. Recommendations: 2.a. Open and close a Public Hearing; and 2.b. Provided there is not a majority protest, it is recommended that the City Council adopt resolution. RESOLUTION N0.07-50 - A resolution of the City Council of the City of Tustin, California confirming the levy of annual assessments for the landscape maintenance and public street lighting expenses in the Tustin Ranch Area within the boundaries of the Tustin Landscape and Lighting District for Fiscal Year 2007-2008 3. CONTINUE PUBLIC HEARING: COMMUNITY FACILITIES DISTRICT NO. 07-01 (TUSTIN LEGACY / VESTAR) Staff recommends that the public hearing on this item be continued to allow staff to gather further information related to the proposed formation of the Community Facilities District 07-01. As required, legal notice was published in the Tustin News on May 24, 2007. A notice of continuance will be posted. Recommendation: Continue consideration of the public hearing regarding the formation of the Community Facilities District 07-01 to the next regularly scheduled City Council meeting. 4. DEVELOPMENT AGREEMENT 06-002: TUSTIN LEGACY COMMUNITY PARTNERS, LLC. (PLANNING AREAS 1-15) 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. On April 10, 2007, the Planning Commission recommended that the City Council approve City Council Meeting June 5, 2007 Agenda Page 4 of 11 Development Agreement 06-002. On April 17 and May 1, 2007, the City Council continued this item to June 5, 2007 City Council meeting in anticipating the adoption of the Specific Plan AmendmentlZone Change 07- 001 (re-introduced on May 15, 2007}. Applicant: Tustin Legacy Community Partners, LLC. Recommendation: Introduce and have first reading, by title only, of Ordinance No. 1336 approving Development Agreement 06-002 and set for second reading at the Council's next scheduled meeting. ORDINANCE N0. 1336 - An ordinance of the City Council of the City of Tustin, California, approving Development Agreement 06-002, as defined by Section 65865.2 of the California Government Code, between the City of Tustin and Tustin Legacy Community Partners, LLC. (the developer), a Delaware Limited Liability Company pertaining to development of the property located within Planning Areas 1-15 of the MCAS Tustin Specific Plan, Tustin, California 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 5 through 24) 5. APPROVAL OFMINUTES -REGULAR MEETING OF MAY 15, 2007 Recommendation: Approve the Minutes of the Regular City Council Meeting held May 15, 2007. 6. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $1,388,536.17; $1,885,016.57; and $2,096,303.60; Reversal in the amount of $4,414.96; and Payroll in the amount of $641,633.10. 7. PLANNING ACTION AGENDA -MAY 22, 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 May 22, 2007. City Council Meeting June 5, 2007 Agenda Page 5 of 11 8. CONSIDERATION OF CLAIM OF BERND NIEBERG, CLAIM N0.07-02 Recommendation: Deny Claim Number 07-02, Bernd Nieberg, and direct staff to send notice thereof to the Claimant. 9. CONSIDERATION OF CLAIM OF ANGELA MEEK, CLAIM N0.07-03 Recommendation: Deny Claim Number 07-03, Angela Meek, and direct staff to send notice thereof to the Claimant. 10. CONSIDERATION OF CLAIM OF MARKS. GAUGHAN, CLAIM N0.07-04 Recommendation: Deny Claim Number 07-04, Mark S. Gaughan, and direct staff to send notice thereof to the Claimant. 11. CONSIDERATION OF CLAIM OF SOUTHERN CALIFORNIA EDISON, CLAIM N0.07-06 The Claimant reported that while a City of Tustin contractor was excavating for a water main, Southern California Edison underground primary cable and duct were struck and damaged. The Claim was submitted for an estimated amount of $8,000.00. Recommendation: Deny Claim Number 07-06, Southern California Edison, and direct staff to send notice thereof to the Claimant. 12. CONSIDERATION OF CLAIM OF SOUTHERN CALIFORNIA EDISON, CLAIM N0.07-07 The Claimant has reported that City of Tustin employees or contractors struck and damaged a Southern California Edison structure while doing work on a street improvement project. This Claim has been submitted for an estimated amount of $2,500.00. Recommendation: Deny Claim Number 07-07, Southern California Edison, and direct staff to send notice thereof to the Claimant. 13. CONSIDERATION OF CLAIM OF SOUTHERN CALIFORNIA EDISON, CLAIM N0.07-11 The Claimant reported that a City of Tustin Sub-Contractor, while using a grading machine, damaged a new manhole cover and cement neck to a Southern California Edison structure. This Claim has been submitted in an City Council Meeting June 5, 2007 Agenda Page 6 of 11 estimated amount of $5,000.00. Recommendation: Deny Claim Number 07-11, Southern California Edison, and direct staff to send notice thereof to the Claimant. 14. CONSIDERATION OF CLAIM OF JEANNIE L. GOSE, CLAIM N0.07-12 The Claimant has reported she was turning onto Irvine Boulevard when her car drove over a temporary lane marker that was not properly secured. A bolt, a metal washer and a screw were found embedded in the vehicle's rear tires, which both had to be replaced at a cost $462.55. Recommendation: Deny Claim Number 07-12, Jeannie L. Gose, and direct staff to send notice thereof to the Claimant. 15. CONSIDERATION OF CLAIM OF ERIC HSUEH, CLAIM N0.07-14 Recommendation: Deny Claim Number 07-14, Eric Hsueh, and direct staff to send notice thereof to the Claimant. 16. MCAS TUSTIN MITIGATION MONITORING AND REPORTING PROGRAM On January 16, 2001, and April 3, 2006, the City of Tustin certified the Program Final Environmental Impact StatementlEnvironmental Impact Report (FEIS/EIR) and its addendum, respectively for the reuse and disposal of MCAS Tustin. The FEIS/EIR evaluated the environmental impacts of the reuse and disposal of MCAS-Tustin, which included the Mitigation Monitoring and Reporting Program (MMRP}. The purpose of MMRP is to provide for accomplishment of mitigation measures required by the Final EIR/EIS. Since the disposal and reuse of MCAS Tustin is a long-term program where mitigation measures may be applicable at the individual development project level, overall program level, construction level, or operational level; to coordinate implementation of the MMRP, a regular review of the progress of the program through an annual report is required. Recommendation: Receive and file this report. 17. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS This report transmits two John Wayne Airport Noise Abatement Quarterly Reports for the third and fourth quarters of 2006. The average noise level measured at monitoring station NMS 10N, located at Columbus Tustin Middle School, remained relatively the same during the third and fourth quarters. Average noise levels during both quarters remained below the City, County, City Council Meeting June 5, 2007 Agenda Page 7 of 11 and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: Receive and file this report. 18. AMENDMENT N0. 1 TO CONSULTANT SERVICES AGREEMENT WITH WASHINGTON GROUP INTERNATIONAL INC., FOR ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES FOR THE PHASE I TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROJECT VALENCIA AVENUE, FORMERLY VALENCIA NORTH LOOP ROAD; ARMSTRONG AVENUE; LANSDOWNE ROAD; SEVERYNS ROAD; AND KENSINGTON PARK DRIVE, FORMERLY WEST CONNECTOR) (CIP N0.7139) Recommendation: Approve Amendment No. 1 to the Consultant Services Agreement with Washington Group International Inc. to provide additional Construction Management Services for the Phase I Tustin Legacy Backbone Infrastructure Project (Valencia Avenue, formerly Valencia North Loop Road; Armstrong Avenue; Lansdowne Road; Severyns Road; and Kensington Park Drive, formerly West Connector) (CIP No. 7139), and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. 19. AMENDMENT NO. 2 TO CONSULTANT SERVICES AGREEMENT WITH MOFFATT AND NICHOL FOR ADDITIONAL PRELIMINARY ENGINEERING/PLANNING FOR THE RED HILL AVENUE GRADE SEPARATION AT OCTA/SCRRA RAILWAY/EDINGER AVENUE (CIP No. 7175) Recommendation: Approve Amendment No. 2 to the Consultant Services Agreement with Moffatt and Nichol (M&N) to provide additional preliminary engineering/planning for the Red Hill Avenue Grade Separation at OCTA/SCRRA Railway/Edinger Avenue (CIP No. 7175) and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City subject to approval by the City Attorney. 20. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND AREAS WITH SPECTRUMCARE LANDSCAPE & IRRIGATION MANAGEMENT, INC. Recommendation: Approve the first amendment to the contract agreement between SpectrumCare Landscape & Irrigation Management, Inc. and the City of Tustin for landscape maintenance services for the General Fund Areas, subject to City Attorney approval. City Council Meeting June 5, 2007 Agenda Page 8 of 11 21. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE LANDSCAPE ASSESSMENT DISTRICT WITH SPECTRUMCARE LANDSCAPE & IRRIGATION MANAGEMENT, INC. Recommendation: Approve the first amendment to the contract agreement between SpectrumCare Landscape & Irrigation Management, Inc. and the City of Tustin for landscape maintenance services for the Landscape and Lighting District, subject to City Attorney approval. 22. CONTRACT AMENDMENT FOR CUSTODIAL SERVICES WITH DIAMOND CONTRACT SERVICES, INC. Recommendation: Approve the first amendment to the contract agreement between Diamond Contract Services, Inc. for the City of Tustin's custodial services, subject to City Attorney approval. 23. CONTRACT AMENDMENT FOR MAINTENANCE AND REPAIR SERVICES OF THE CITY'S HVAC SYSTEMS WITH BARR ENGINEERING, INC. Recommendation: Approve the third amendment to the Contract Agreement between Barr Engineering, Inc. and the City of Tustin for Heating, Ventilating, Refrigeration, and Air Conditioning (HVAC) Systems Maintenance and Repair Services, subject to City Attorney approval. 24. INTRODUCTION OF ORDINANCE AMENDING MUNICIPAL CODE PROVISIONS ADOPTING COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE TO CLEAN UP OUT-DATED AND INCORRECT REFERENCES AND SET A PUBLIC HEARING FOR JULY 3, 2007 TO CONSIDER THE ADOPTION OF SUCH ORDINANCE. Pursuant to the City's agreement with the County of Orange for enforcement of animal control regulations in the City, the City Council previously adopted the provisions in Titles 4 and 5 of the County Code concerning animal control and licensing by reference into the City's Municipal Code. Since the City last went through this statutory incorporation by reference process in 1980, Titles 4 and 5 of the County Code have been amended and reorganized. Recommendations: 24.a. The City Council introduce the attached ordinance amending Part 1 of Chapter 2 of Title 4 of the Tustin Municipal Code to adopt by reference the relevant provisions of Division 1 of Title 4 and Divisions 1, 2, and 3 of Title 5 of the Codified Ordinances of the County of Orange relating to animal control, and read by title only. City Council Meeting June 5, 2007 Agenda Page 9 of 11 ORDINANCE N0. 1340 - An ordinance of the City Council of the City of Tustin amending Chapter 2 of Title 4 of the Tustin Municipal Code pertaining to animals and fowl 24.b. Set a public hearing for July 3, 2007, to consider the adoption of the proposed ordinance and instruct the City Clerk to notice the public hearing pursuant to law. REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 25 and 30) 25. SET INTERVIEWDATE FOR AUDIT COMMISSION VACANCY Due to the resignation by Thomas Stroud, a vacancy exists on the Audit Commission. Staff is requesting that the City Council set a date and time to conduct interviews to fill the unexpired term. Recommendation: Pleasure of the City Council. 26. MCAS TUSTIN REDEVELOPMENT PROJECT AFFORDABLE HOUSING REIMBURSEMENT AGREEMENT Recommendation: Approve and authorize the execution of a Reimbursement Agreement by and between the .City of Tustin and the Tustin Community RedevelopmentAgency for reimbursement to the City to assist the Agency in carrying out its affordable housing obligations under the MCAS Redevelopment Plan and the MCAS Tustin Specific Plan. 27. CITY OF TUSTIN RESPONSE TO THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION DRAFT MUNICIPAL SERVICE REVIEW AND SPHERE OF INFLUENCE STUDY FOR THE CITY OF TUSTIN City Council authorization is requested for the City of Tustin's comments on the Orange County Local Agency Formation Commission (LAFCO) Draft Municipal Service Review (MSR) and Sphere of Influence (SOI) Study for the City of Tustin. LAFCO is required to conduct regional studies that evaluate municipal services and identify any future constraints or challenges for the future delivery of these services. These studies are called municipal service reviews and must be updated by LAFCO every five (5) years. LAFCO staff has drafted the attached MSR and SOI Study for the City of Tustin's review City Council Meeting June 5, 2007 Agenda Page 10 of 11 and comment. The LAFCO Board is tentatively scheduled to consider the MSR/SO1 at their July 18, 2007, meeting. Recommendation: Authorize staff to forward the attached response letter and comments to the Orange County Local Agency Formation Commission. 28. SECOND AMENDMENT TO TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT 06-01 (MASTER DEVELOPMENT SITE) Recommendation: Approve and authorize the City Manager, or Assistant City Manager to execute the Second Amendment to DDA 06-01 and to carry out all actions necessary to implement the amendment including execution of all related documents and instruments. 29. ORDINANCE SECOND READING - MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE 07-001) Recommendation: Have second reading by title only and adoption of Ordinance No. 1335 (roll call vote) or action as necessary. ORDINANCE NO. 1335 - An ordinance of the City Council of the City of Tustin, adopting MCAS Tustin Specific Plan Amendment (Zone Change 07-001) to amend various sections of the MCAS Tustin Specific Plan 30. CITY COUNCIL- LEGISLATIVE REPORTS 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, June 19, 2007 in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting June 5, 2007 Agenda Page 11 of 11