HomeMy WebLinkAbout00 CC AGENDA 08-07-07CITY OF TUSTIN
REGULAR MEETING OF THE
CITY COUNCIL
Jerry Amante, Mayor Pro Tem
Doug Davert, Councilmember
Tony Kawashima, Councilmember
Jim Palmer, Councilmember
_- ~ AUGUST 7, 2007
~,, r COUNCIL CHAMBER
~,>3=-~-~- T= ~~ 300 CENTENNIAL WAY, TUSTIN
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~.,1 William A. Huston, City Manager
-~ Douglas Holland, City Attorney
Lou Bone, Mayor 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 August 7, 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 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
PUBLIC MEETING
7:00 p.m.
~~ ~~
CALL TO ORDER
INVOCATION -Father John Block, St. Cecilia's Church
PLEDGE OF ALLEGIANCE -Councilmember Palmer
City Council Meeting August 7, 2007
Agenda Page 1 of 9
Raised 812001
ROLL CALL -Chief Deputy City Clerk
CLOSED SESSION REPORT -City Attorney
PRESENTATIONS
Update on Measure M Early Action Plan by OCTA Chairman, Carolyn V. Cavecche
Check presentation to the City of Tustin by Don Ropele representing Tustin Street
Fair and Chili Cook-Off Committee
Certificates of Recognition presented by Mayor Bone to the following recipients of
the 2007 American Legion Boys State Competition: Farjad Yousufi, Tustin High
School; Ryan Inkley, Foothill High School; and Jonathan Chung, Beckman High
School
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 ITEM
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)
AMEND THE COMPREHENSIVE SCHEDULE OF FEES AND CHARGES FOR
CITY SERVICES
Annually, City departments review the Comprehensive Schedule of Fees and
Charges as they apply to their respective departments. The Building Division and
Public Works Department have identified some fees that need to be modified or
deleted. Also per Evidence Code §1563, the City wishes to standardize the fees
as they apply to third party civil subpoena. State law allows the collection of
$150 per day, per person for witness fees and actual cost reimbursed for
production of materials. Proposed modifications to the Fee Schedule are
outlined in agenda report and are included in Resolution No. 07-60. Said
resolution deletes, adds and modifies only a small number of fees, with the bulk
of the fees remaining the same.
Recommendations:
1.a. Open and close Public Hearing; and
1.b. Adopt resolution.
RESOLUTION NO. 07-60 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN AMENDING THE CITY-WIDE COMPREHENSIVE
SCHEDULE OF FEES AND REPEALING RESOLUTION NO. 06-85
City Council Meeting August 7, 2007
Agenda Page 2 of 9
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 16)
2. APPROVAL OF MINUTES -REGULAR MEETING OF JULY 17, 2007
Recommendation: Approve the Minutes of the Regular City Council Meeting
held July 17, 2007.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $3,180,993.54;
$3,034,028.69; and $3,815,421.02; Reversals in the amount of $42,900.14;
and Payroll in the amount of $634,541.61 and $671,134.93.
4. CONSIDERATION OF CLAIM OF MICHAEL MARK, CLAIM NO. 07-20
Recommendation: Deny Claim Number 07-20, Michael Mark, and direct Staff
to send notice thereof to the Claimant.
5. PLANNING ACTION AGENDA -JULY 24, 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 July 24,
2007.
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.
City Council Meeting August 7, 2007
Agenda Page 3 of 9
7. ANIMAL CARE SERVICES AGREEMENT FOR FISCAL YEAR 2007-2008
The City Council is requested to approve the Fiscal Year 2007-2008 Animal
Care Services contract with the County of Orange Health Care Agency.
Recommendation: Authorize the Mayor to sign the Animal Care Services
agreement for Fiscal Year 2007-2008.
8. PROPOSED CHANGES TO JOINT POWERS AGREEMENT
ESTABLISHING THE CALIFORNIA INSURANCE POOL AUTHORITY
The Board of Directors of the California Insurance Pool Authority (CIPA) is
recommending various changes to the Joint Powers Agreement to reflect the
transition from a claim made to occurrence form coverage -and the initiation
of a Workers' Compensation pooled program.
Recommendation: Authorize the Mayor to execute the Amended Joint
Powers Agreement for the California Insurance Pool Authority.
9. LIQUIDATION OF DONATED STOCK
The City has received four shares of Morgan Stanley stock donated by Mr.
Gideon Young for the benefit of Police Department community related
programs. The City Council must authorize the Treasurer to sell the shares
as required by Banc of America Investment Services, Inc.
Recommendation: Authorize the City Treasurer, G. W. Jeffries, to sell the
donated shares and deposit the proceeds into a trust account for the benefit
of Police Department community related programs.
10. CITY OF TUSTIN RESPONSE TO NOP FOR IRVINE HCG PROJECT
City Council authorization is requested for the City of Tustin's response to the
subject Notice of Preparation (NOP) for a draft Environmental Impact Report
(DEIR) for a Master Plan, Zone Change, Tentative Parcel Map, Development
Agreement, Transfer of Development Rights, and other discretionary actions
for the HCG office retail project in the Irvine Business Complex ("IBC")
located at 2722 Michelson Drive and 18582 Teller Avenue.
Recommendation: That the City Council authorize staff to forward the draft
response letter to the City of Irvine.
City Council Meeting August 7, 2007
Agenda Page 4 of 9
11. LOT LINE ADJUSTMENT NO. 2007-01 (LLA 2007-007 ORANGE COUNTY):
12881 NEWPORT AVENUE AND 14561 GREENWOOD LANE (FIRST
BAPTIST CHURCH, TUSTIN AND GEORGE S. GOINS & JUNE E. GOINS
TRUST)
Recommendation: Adopt resolution
RESOLUTION NO. 07-59 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE
ADJUSTMENT NO. 2007-01
12. AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT WITH
AKM CONSULTING ENGINEERS, FOR THE TUSTIN AVENUE WELL
PROJECT (CIP No. 6150) AND THE TUSTIN AVENUE AND 17t" STREET
WATER MAIN REPLACEMENT PROJECTS (CIP No. 6146)
Amendment No. 1 to the Consultant Services Agreement (CSA) between the
City and AKM Consulting Engineers, will provide for increases in billing rates,
preparation of a Noise Study, provision of Construction Management
Services and Hydro geologist oversight for the Drilling and Equipping Phases
of the Tustin Avenue Well Project (CIP No. 6150). In addition, it will provide
for the processing of permits through the County of Orange and City of Santa
Ana for the Tustin Avenue and 17th Street Water Main Replacement Projects
(CIP No. 6146).
Recommendation: Approve Amendment No. 1 to the Consultant Services
Agreement with AKM Consulting Engineers for the Tustin Avenue Well
Project (CIP No. 6150) and the Tustin Avenue and 17th Street Water Main
Replacement Projects (CIP No. 6146) and authorize the Mayor and City Clerk
to execute the Amendment on behalf of the City.
13. TUSTIN POLICE OFFICERS ASSOCIATION MEMORANDUM OF
UNDERSTANDING (JULY 1, 2007 TO JUNE 30, 2009)
Recommendation: Adopt resolution.
RESOLUTION NO. 07-61 - 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, CONCERNING
WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF
EMPLOYMENT
City Council Meeting August 7, 2007
Agenda Page 5 of 9
14. CITY OF TUSTIN RESOLUTION NO. 07-62 AUTHORIZING THE ISSUANCE
OF NOT TO EXCEED $60 MILLION AGGREGATE PRINCIPAL AMOUNT
OF SPECIAL TAX BONDS FOR TUSTIN COMMUNITY FACILITIES
DISTRICT NO. 06-1
This is the final stage in completing the Community Facilities District
formation and bond issuance for the Columbus Villages at Tustin Legacy.
Resolution No. 07-62 authorizes the issuance of $60 million of CFD bonds
and executes all documents including the Indenture and Preliminary Official
Statement.
Recommendation: Adopt resolutions.
RESOLUTION NO. 07-62 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN AUTHORIZING THE ISSUANCE OF NOT
TO EXCEED $60,000,000 AGGREGATE PRINCIPAL AMOUNT OF
CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES) SPECIAL TAX BONDS,
SERIES 2007 A, APPROVING THE EXECUTION AND DELIVERY OF
AN INDENTURE, A BOND PURCHASE AGREEMENT AND A
CONTINUING DISCLOSURE AGREEMENT AND THE
PREPARATION OF AN OFFICIAL STATEMENT AND OTHER
MATTERS RELATED THERETO
RESOLUTION NO. 07-64 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN AUTHORIZING THE EXECUTION AND
DELIVERY OF AN ACQUISITION AND FUNDING AGREEMENT
15. CITY OF TUSTIN RESOLUTION NO. 07-63 AUTHORIZING THE ISSUANCE
OF NOT TO EXCEED $16 MILLION AGGREGATE PRINCIPAL AMOUNT
OF SPECIAL TAX BONDS FOR TUSTIN COMMUNITY FACILITIES
DISTRICT NO. 07-1
This is the final stage in completing the Community Facilities District
formation and bond issuance for the Vestar-Kimco Tustin, L.P. project at
Tustin Legacy. Resolution No. 07-63 authorizes the issuance of $16 million of
CFD bonds and executes all documents including the Indenture and
Preliminary Official Statement.
Recommendation: Adopt resolutions.
RESOLUTION NO. 07-63 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN AUTHORIZING THE ISSUANCE OF NOT
TO EXCEED $16,000,000 AGGREGATE PRINCIPAL AMOUNT OF
CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 07-1
(TUSTIN LEGACY/RETAIL CENTER) SPECIAL TAX BONDS,
SERIES 2007, APPROVING THE EXECUTION AND DELIVERY OF
City Council Meeting August 7, 2007
Agenda Page 6 of 9
AN INDENTURE, AN ACQUISITION AGREEMENT, A BOND
PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE
AGREEMENT AND THE PREPARATION OF AN OFFICIAL
STATEMENT AND OTHER MATTERS RELATED THERETO
RESOLUTION NO. 07-65 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN AUTHORIZING THE EXECUTION AND
DELIVERY OF A SECOND AMENDMENT TO INFRASTRUCTURE
CONSTRUCTION AND PAYMENT AGREEMENT
16. AUTHORIZATION FOR TRANSFER OF MISCELLANEOUS PERSONAL
PROPERTY FROM CITY TO TUSTIN LEGACY COMMUNITY PARTNERS
WITHIN BUILDINGS 212, 528, 529, AND 530, AND BUILDING 172 AT
FORMER MCAS TUSTIN
Recommendations:
16.a. Authorize the City Manager or Assistant City Manager to execute a Bill
of Sale by and between the City of Tustin and Tustin Legacy
Community Partners, LLC for transfer of miscellaneous personal
property within Buildings 212, 528, 529, and 530 owned by the City of
Tustin; and
16.b. Authorize the City Manager or Assistant City Manager to execute a Bill
of Sale by and between the City of Tustin and Tustin Legacy
Community Partners, LLC for transfer of miscellaneous personal
property within Building 172 owned by the City of Tustin.
REGULAR BUSINESS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 17 through 20)
17. ADOPT ORDINANCE NO. 1341 -AMENDING CHAPTER 9 TO ARTICLE 6
OF THE TUSTIN CITY CODE REGARDING BURGLARY AND ROBBERY
ALARM SYSTEMS
Minor revisions have been identified as necessary in the Alarm Ordinance
(Tustin City Code Sections 6900-6920). Section 6914(c) will be amended to
be consistent with Section 6915(2) concerning the number of false alarms
required before a permit may be revoked. The ordinance also allows the City
Manager to appoint a designee to preside over the appeal hearings.
Recommendation: Adopt Ordinance No. 1341. (roll call vote)
City Council Meeting August 7, 2007
Agenda Page 7 of 9
ORDINANCE NO. 1341 - AN ORDINANCE OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTIONS 6901, 6916, 6917,
6918, AND SUBSECTION (C) OF SECTION 6914 OF THE TUSTIN
CITY CODE, REGARDING BURGLARY AND ROBBERY ALARM
SYSTEMS
18. ADOPT ORDINANCE NO. 1338 -GRAFFITI REMOVAL -STRUCTURES ON
PUBLIC PROPERTY
Ordinance No. 1338 would add Section 5707 b. to the Tustin City Code
requiring that owners of private structures in the public right of
way/easements remove graffiti within 48 hours of notification. Cable boxes,
utility boxes, poles, and other similar appurtenances and structures
("structures") are targets for graffiti. These structures in the public rights of
way have and are increasing in size and number and the owners of the
structures have not been proactive in removing graffiti. The following
amendment was made to proposed ordinance: If notice is provided by City by
close of business on a Friday, the removal shall occur no later than close of
business on the immediately following business day.
Recommendation: Adopt Ordinance No. 1338. (roll call vote)
ORDINANCE NO. 1338 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 7
SECTION 5707 OF THE TUSTIN CITY CODE RELATING TO
REMOVAL OF GRAFFITI FROM STRUCTURES ON PUBLIC
PROPERTY
19. LEGISLATIVE REPORT: UPDATE ON HOUSE OF REPRESENTATIVES
(H.R.) 2447 -ENERGY AND ENVIRONMENT BLOCK GRANT PROGRAM
H.R. 2447 would establish an Energy and Environment Block Grant Program that
would appropriate approximately 24 billion dollars over five years to the
Secretary of Energy to be provided to territories, commonwealths, and
possessions of the United States, states, counties, and cities in the form of block
grants. These grants could be used for a variety of specified activities that
promote energy efficiency and climate protection.
On June 19, 2007, the City Council directed staff to monitor H.R. 2447 and
provide an update to the Council within sixty (60) days. There has been no action
on the bill since May 23, 2007.
Staff will continue to monitor H.R. 2447 and will provide an update to the Council
on the status of H.R. 2447, once the bill moves forward in the legislative process.
Recommendation: Pleasure of the City Council.
City Council Meeting August 7, 2007
Agenda Page 8 of 9
20. ADOPT JOHN WAYNE AIRPORT COALITION CITY POSITION
STATEMENT
Recommendation: Adopt resolution.
RESOLUTION NO. 07-66 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN ADOPTING A JOHN WAYNE AIRPORT
COALITION CITY POSITION STATEMENT
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, September 4, 2007 in the Council Chamber, 300
Centennial Way, Tustin, California
Adjourn in Memory of
David Allen Wing
City Council Meeting August 7, 2007
Agenda Page 9 of 9