HomeMy WebLinkAbout00 CC AGENDA 06-19-07
CITY OF TUSTIN JUNE 19, 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 June 19, 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 LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Agency Negotiators: Kristi Recchia, Director of Human Resources and
Linda Jenson
Employee Organization: Tustin Police Officers Association (TPOA)
Employee Organization: Tustin Police Support Service Association
(TPSSA)
City Council Meeting June 19, 2007
Agenda Page 1 of 10
PUBLIC MEETING
7:00 p.m.
CALL TO ORDER
INVOCATION
– Father Al Baca, St. Cecilia’s Church
PLEDGE OF ALLEGIANCE
– Councilmember Davert
ROLL CALL
– City Clerk
CLOSED SESSION REPORT
– City Attorney
PRESENTATIONS
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Proclamations presented by Mayor Bone to the following Girl Scout Gold Award
Recipients: Lauren Hoxie; Ashley Poole; and Carrie Richards
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Certificates of Recognition presented by Mayor Bone to the following members of
the Beckman High School Softball Team in recognition of their CIF Championship:
Coach - Pete Harrell
Assistant Coaches - Jim Wilson, Pete Henson, and Ben Gonzales
Team Members: Megan Denio; Katherine Heldreth; Alexandria Boling; Kindra
Bennett; Alison Kaprielian; Kari Gonzales; Rachel Lowry; Trista Thomas;
Celene Silva; Samantha Dollarhide; Jasmin Harrell; Kelli Gonzales; Angelina
Delgado; Kaitlyn Duesler; Angelique Alvarez; and Meaghan Smith
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Presentation on 2007 Citywide Blood Drive
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.
City Council Meeting June 19, 2007
Agenda Page 2 of 10
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 or fees. (Agenda Items 1 and 2)
1. CONSIDER THE ESTABLISHMENT OF SOLID WASTE RATES AND
PLACING RESIDENTIAL SOLID WASTE RATES ON THE 2007-2008
COUNTY PROPERTY TAX ROLL
Pursuant to Proposition 218, a public hearing is required to set solid waste
rates. The City's Solid Waste Franchise Agreement with Federal Disposal
Service (FDS) provides for an annual adjustment to solid waste rates based
on the Producer Price Index (PPI). The rates proposed by CR&R, Inc. in the
May 1, 2007 contract award also must be approved by the City Council at a
public hearing. Staff is recommending that the City Council conduct a public
hearing and, if there is no majority protest by property owners in the City,
approve the residential and commercial rates for FDS and CR&R, Inc., and
approve Resolution No. 07-51 to place the residential fees on the FY 2007-
2008 property tax roll.
Recommendations:
1.a. Open and close a Public Hearing to determine if a majority of City
property owners protest the proposed fees and, if no majority protest
exists;
1.b. Approve residential and commercial solid waste rate adjustments for
Federal Disposal Service related to the Producer Price Index and
approve the solid waste rates for CR&R Inc. related to the recently
awarded contract; and
1.c. Adopt resolution.
RESOLUTION NO. 07-51 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA ADOPTED PURSUANT TO
THE PROVISIONS OF SECTION 5473 ET SEQ. OF THE HEALTH
AND SAFETY CODE OF THE STATE OF CALIFORNIA, APPROVING
AND ADOPTING SOLID WASTE COLLECTION SERVICES FEES,
DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION
TO BE COLLECTED AGAINST THE RESPECTIVE LOTS OR
PARCELS OF LAND AS THEY APPEAR ON THE CURRENT
ASSESSMENT ROLL
City Council Meeting June 19, 2007
Agenda Page 3 of 10
2. CONDUCT A PUBLIC HEARING AND HOLD A SPECIAL ELECTION FOR
CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 07-1 (TUSTIN
LEGACY/RETAIL CENTER) AND ADOPT VARIOUS RESOLUTIONS AND
AN ORDINANCE FORMING THE DISTRICT
The actions taken by the City at this time will finalize the formation of the
Community Facilities District (CFD) for the Tustin Legacy Retail Center. The
City Council will conduct and certify a special election of property owners in
the proposed district.
Recommendations:
2.a. Conduct a public hearing to hear presentations by staff and
consultants and hear questions and comments from audience;
2.b. Adopt resolution;
RESOLUTION NO. 07-44 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN OF FORMATION OF CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 07-1 (TUSTIN
LEGACY/RETAIL CENTER), AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN THE DISTRICT AND ESTABLISHING AN
APPROPRIATIONS LIMIT FOR THE DISTRICT
2.c. Adopt resolution;
RESOLUTION NO. 07-45 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN DEEMING IT NECESSARY TO INCUR
BONDED INDEBTEDNESS WITHIN CITY OF TUSTIN COMMUNITY
FACILITIES DISTRICT NO. 07-1 (TUSTIN LEGACY/RETAIL
CENTER)
2.d. Adopt resolution;
RESOLUTION NO. 07-46 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN CALLING SPECIAL ELECTION FOR CITY
OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 07-1 (TUSTIN
LEGACY/RETAIL CENTER)
2.e. Direct the City Clerk to open ballots and announce the results of the
election;
2.f. Adopt resolution;
RESOLUTION NO. 07-47 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN DECLARING RESULTS OF SPECIAL
ELECTION AND DIRECTING RECORDING OF NOTICE OF
SPECIAL TAX LIEN
City Council Meeting June 19, 2007
Agenda Page 4 of 10
2.g. Have first reading of Ordinance No. 1339;
ORDINANCE NO. 1339 - AN ORDINANCE OF THE CITY OF TUSTIN
LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY
FACILITIES DISTRICT NO. 07-1 (TUSTIN LEGACY/RETAIL
CENTER)
2.h. Receive and File the Community Facilities District Report dated June
7, 2007.
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 3 through 13)
3. APPROVAL OF MINUTES – REGULAR MEETING OF JUNE 5, 2007
Recommendation: Approve the Minutes of the Regular City Council Meeting
held June 5, 2007.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $668,807.20 and
$551,050.34; and Payroll in the amount of $685,653.85.
5. CONSIDERATION OF CLAIM OF JOE AND CONNIE GOMEZ, CLAIM NO.
07-08
Recommendation: That the City Council deny Claim Number 07-08, Joe and
Connie Gomez, and direct Staff to send notice thereof to the Claimants.
6. PLANNING ACTION AGENDA - JUNE 12, 2007
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Recommendation: Ratify the Planning Commission Action Agenda of June
12, 2007.
City Council Meeting June 19, 2007
Agenda Page 5 of 10
7. CANCELLATION OF AUGUST 21, 2007 COUNCIL MEETING
The August 21, 2007 Council meeting is being recommended for cancellation
since there will not be a quorum of the City Council on said meeting date.
Recommendation: Direct the City Clerk to post a Notice of Cancellation for
the regularly scheduled Council meeting of August 21, 2007; the City Council
hereby waives notice of said meeting as required by the government code.
8. CITY OF TUSTIN MEASURE M GROWTH MANAGEMENT PROGRAM AND
CONGESTION MANAGEMENT PROGRAM ANNUAL COMPLIANCE,
FISCAL YEAR 2007-2008
In order to maintain eligibility for the Measure M Growth Management
Program, the City is required to annually submit a compliance package to the
Orange County Transportation Authority (OCTA). For Fiscal Year 2007-2008,
that package includes: (1) an updated Seven-Year Capital Improvement
Program, (2) a Maintenance of Effort Certification, (3) a Pavement
Management Program Certification, (4) Congestion Management Program
Monitoring Checklists, and (5) a Growth Management Element Statement of
Compliance.
Recommendation: In order to maintain eligibility for the Measure M Growth
Management Program (GMP) and the Congestion Management Program
(CMP), it is recommended that the City Council take the following actions in
compliance with the Measure M GMP and CMP requirements:
A. Adopt the draft Measure M Growth Management Program Seven-Year
Capital Improvement Program (Fiscal Year 2007-2008 through Fiscal
Year 2013-2014).
B. Authorize the Director of Public Works/City Engineer to submit the City
of Tustin's Measure M GMP and CMP eligibility packages, including
certification of the City's Maintenance of Effort (MOE), Pavement
Management Program (PMP), Growth Management Element
Statement of Compliance (GME) and Congestion Management
Program (CMP) Monitoring Checklists to the Orange County
Transportation Authority.
9. SURPLUS EQUIPMENT SALES REPORT
Notice of the sale of surplus equipment at public auction in accordance with
Section 1626 of the Tustin Municipal Code.
Recommendation: Receive and file.
City Council Meeting June 19, 2007
Agenda Page 6 of 10
10. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE A NOTICE OF COMPLETION 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 7139)
Construction of 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 7139) has been completed to the satisfaction of the
City Engineer and is now ready for City Council acceptance.
Recommendations:
10.a. It is recommended that the City Council adopt Resolution No. 07-48
and direct the City Clerk to:
RESOLUTION NO. 07-48 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS
OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF
THE NOTICE OF COMPLETION FOR THE CONSTRUCTION OF
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)
1. Release the Labor and Materials Bond not sooner than thirty-five
(35) days after the date of recordation of the Notice of Completion;
and
2. Release the Faithful Performance Bond not sooner than one year
after the date of recordation of the Notice of Completion; and
10.b. Assuming no claims or stop payment notices are filed by third parties,
it is further recommended that thirty-five (35) days after the date of
recordation of the Notice of Completion, the City Council authorize
payment of the final retention in the amount of $650,000.00 to SEMA
Construction, Inc. (SEMA). The total final construction contract cost for
the project will be determined once all contract change orders and,
claims are settled.
11. PUBLIC HEALTH GOALS (PHGs) 2004-2006 REPORT
Provisions of the California Health and Safety Code specify that water utility
City Council Meeting June 19, 2007
Agenda Page 7 of 10
systems larger than (>10,000 service connections) prepare a report every
three years and conduct a public hearing to give customers information on
levels of contaminants in the drinking water. Staff is requesting that the City
Council set a public hearing for July 3, 2007.
Recommendation: It is recommended that the City Council set a public
hearing for July 3, 2007 at 7:00 p.m. to accept and respond to public
comments on the City of Tustin Water Services' 2004-2006 Public Health
Goals Report
12. TUSTIN POLICE OFFICERS ASSOCIATION - MANAGERS
REPRESENTATION UNIT, MEMORANDUM OF UNDERSTANDING (JULY
1, 2007 THROUGH JUNE 30, 2009)
Recommendation: Adopt resolution.
RESOLUTION NO. 07-52 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE
CLASSIFICATION AND COMPENSATION PLAN FOR THE CITY OF
TUSTIN AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE
TUSTIN POLICE OFFICERS ASSOCIATION-MANAGERS
REPRESENTATION UNIT, CONCERNING WAGES, SALARIES,
FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT
13. FY06 STATE HOMELAND SECURITY GRANT
The County of Orange, acting through its Sheriff-Coroner Department is the
lead agency for the Orange County Operational Area for Homeland Security.
Acting in that capacity, they have applied for, received and accepted a grant
from the State of California Office of Homeland Security to enhance county-
wide emergency preparedness. Terms of the grant require that certain funds,
property or equipment purchased with grant funds be transferred to
jurisdictions within the operational area. The City of Tustin, as a part of the
operational area, is entitled to participate in the grant. The Police Department
proposes to use the FY06 State Homeland Security Grant to purchase items
specified in the grant to enhance the city's emergency preparedness.
Recommendation: Authorize transfer from the County of Orange to the City
of Tustin the following equipment, technology or services: Replacement of
Personal Protective Equipment, Joint Hazard Assessment Team, MIR 3, I
MAP, O.C. EOC Upgrades, Continual Training, CERT, and MMRS. Authorize
the Chief of Police to sign any grant related paperwork on behalf of the City.
City Council Meeting June 19, 2007
Agenda Page 8 of 10
REGULAR BUSINESS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 14 through 18)
14. ORDINANCE SECOND READING - DEVELOPMENT AGREEMENT 06-002:
TUSTIN LEGACY COMMUNITY PARTNERS, LLC. (PLANNING AREAS 1-
15)
Recommendation: Have second reading by title only and adoption of
Ordinance No. 1336 (roll call vote) or action as necessary.
ORDINANCE NO. 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
15. PROPOSED CITY BRANDING
Council has directed staff to increase communication efforts and the visibility
of City programs and services; thus, it is necessary to brand the City to make
communications pieces immediately recognizable.
Recommendation: Pleasure of the City Council, please provide feedback
16. LIBRARY DONOR AND OTHER RECOGNITION
City Council consideration of a potential recognition program as part of the
Tustin Library Project for donors and Man and Woman of the Year.
Recommendation: It is recommended that the City Council review and concur
with the proposed Library recognition programs identified herein.
17. APPROPRIATING FUNDS FOR VARIOUS CITY BUDGETS FOR THE
FISCAL YEAR 2007/2008 AND APPROPRIATION LIMIT FOR FISCAL
YEAR 2007/2008
The City Council is requested to approve resolution adopting the budgets for
the City, the Water Enterprise and the Tustin Legacy Enterprise for Fiscal
Year 2007/2008. Article XIIIB of the State Constitution requires each City to
annually adopt a limit on appropriations for all governmental funds. The
City Council Meeting June 19, 2007
Agenda Page 9 of 10
following recommendation and attached worksheets are based on the
Proposed Budget as presented to the City Council.
Recommendations:
17.a. Approve resolution adopting the City budget and appropriating from
the anticipated revenues of the City for fiscal year 2007/2008
Governmental Funds of $70,995,106; Special Revenue Funds,
$68,982,230; Water Enterprise Funds, $34,403,464; Tustin Legacy
Enterprise Fund of $5,002,727; and the City's FY 2007/2008
Classification/Compensation Plan.
RESOLUTION NO. 07-53 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY
BUDGET AND APPROPRIATING FROM THE ANTICIPATED
REVENUES OF THE CITY FOR THE FISCAL YEAR 2007-2008
17.b. Select the change in the California per Capita Personal Income as the
price factor for adjusting the 2007/2008 appropriation limit.
17.c. Adopt resolution.
RESOLUTION NO. 07-54 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND
ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR
2007-2008 IN ACCORDANCE WITH ARTICLE XIIIB OF THE
CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION
7910 OF THE GOVERNMENT CODE
18. CITY COUNCIL – LEGISLATIVE REPORTS
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ACA 2 and ACA 8
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House of Representatives (H.R.) 2447 - Energy and Environment
Block Grant Program
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, July 3, 2007 in the Council Chamber, 300 Centennial
Way, Tustin, California
City Council Meeting June 19, 2007
Agenda Page 10 of 10