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Home My WebLink About00 AGENDA 03-20-06 CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL MARCH 20, 2006 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Tracy Worley Hagen, Mayor Pro Tem Jerry Amante, Councilmember Lou Bone, Councilmember Tony Kawashima, Councilmember Doug Davert, Mayor William A. Huston, City Manager Douglas C. Holland, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer WORKSHOP - 5:00 P.M. MEASURE M - Status Report A. Presentation by Orange County Transportation Authority (OCT A) B. Council Questions C. Public Comments CLOSED SESSION 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 March 20, 2006 meeting of the City Council. (Agenda Items A and B) CALL TO ORDER ATTENDANCE 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--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) AAE vs. City of Tustin City Council Meeting Agenda March 20, 2006 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 and Clayton Gantz, Special Legal Counsel. Negotiators for Tustin Leqacy Community Partners: Les Thomas, Richard Douglass, Simon Whitmey, and Jack Godard. Under Negotiation: Price and Terms of Payment. PUBLIC MEETING 7:00 P.M. CALL TO ORDER INVOCATION - Father Anh Nguyen, St. Cecilia's Church PLEDGE OF ALLEGIANCE - Mayor Davert NATIONAL ANTHEM - Crystal Cooper, Miss Tustin 1st Runner Up ROLL CALL - City Clerk Stoker CLOSED SESSION REPORT - City Attorney PRESENTATION . Historic Resource Committee presentation to Kara Kosinski at 320 West Third Street for Outstanding Old Town Property CERTIFICATE OF RECOGNITION . Shirley Nicholson, 2005/2006 Crossing Guard of the Year City Council Meeting Agenda March 20, 2006 Page 2 of 9 CERTIFICATES OF RECOGNITION - 2006 Miss Tustin and her Court: . 2006 Miss Tustin, Jennifer Kohlenberger . 1 st Runner-Up, Crystal Cooper . 2nd Runner-Up, Kierstie Nielsen . 3rd Runner-Up, Shannon Silveira . 4th Runner-Up, Angeline Barracliffe FIRST PUBLIC INPUT 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. INTERIM URGENCY ORDINANCE: MEDICAL MARIJUANA DISPENSARIES On February 6, 2006, the City Council adopted Interim Urgency Ordinance No. 1309, a 45-day moratorium on the establishment and operation of medical marijuana dispensaries within the City of Tustin. The Council may extend the moratorium for up to a ten (10) month and fifteen (15) day period if approved by a four-fifths vote. Pursuant to Government Code Section 65858, ten (10) days prior to the expiration of the interim ordinance, the City Council is required to issue a report describing the measures taken to alleviate the conditions that led to the adoption of the ordinance. Interim Urgency Ordinance No. 1310 proposes to extend the moratorium by 10 months and 15 days and this report is intended to fulfill the requirements of Government Code Section 65858 (d). During this time, staff would complete a study of potential code amendments to the City's land use regulations that are needed to address the current and immediate threat to the public health, safety, and welfare. Recommendations: 1.a. Issue the written report contained herein required by Government Code Section 65858 and adopt by Minute Motion; 1.b. Open and close the public hearing; and 1.c. Adopt Interim Urgency Ordinance No. 1310. (Requires a 4/5 vote.) ORDINANCE NO. 1310 - An Interim Urgency Ordinance of the City of Tustin, California, extending Ordinance No. 1309, a temporary moratorium on the legal establishment and operation of medical marijuana dispensaries within the City of Tustin for a period of 10 months and 15 days pending the completion of a study of zoning regulations that are needed to alleviate a current and actual threat to the public health, safety, and welfare City Council Meeting Agenda March 20, 2006 Page 3 of 9 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 2 through 18) 2. APPROVAL OF MINUTES - SPECIAL AND REGULAR MEETINGS OF MARCH 6, 2006 Recommendation: Approve the Special and Regular City Council Meeting Minutes of March 6, 2006. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $918,178.63 and $2,432,788.25; and Payroll in the amount of $577,171.55. 4. PLANNING ACTION AGENDA - MARCH 13, 2006 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Recommendation: Ratify the Planning Commission Action Agenda of March 132006. 5. POLICE VEHICLE PURCHASE Recommendation: Authorize the purchase of two 2006 Dodge Durango SL T's from Lasher Dodge in Sacramento, CA. in the amount of $47,616.52 including tax, delivery and fees; and conversion of vehicles for police use, by Northstar Electronics in Downey, Ca. in the amount of $27,153.20. 6. RECORDS DESTRUCTION REPORT - HUMAN RESOURCES DEPARTMENT Recommendation: Adopt resolution. RESOLUTION NO. 06-33 - A resolution of the City Council of the City of Tustin, California, authorizing the destruction of certain city records and papers in the possession of the Human Resources Department of the City of Tustin no longer required for the conduct of city business, pursuant to the authority granted by the City of Tustin's Records Retention Schedule 7. FINAL TRACT MAP 16790: 1361 EL CAMINO REAL (IRP NEVIS TUSTIN, LLC) City Council Meeting Agenda March 20, 2006 Page 4 of 9 Final Tract Map 16790 is a request to subdivide an existing 4.99 acre site located at 1361 EI Camino Real into one (1) lot for the purpose of developing ninety-three (93) residential condominium units. On March 7, 2005, the City Council approved Vesting Tentative Tract Map 16790 by adopting Resolution No. 05-45. All conditions associated with the vesting tentative map approval have been fulfilled and the final map may be approved and recorded. (Owner: IRP Nevis Tustin, LLC.) Recommendation: Adopt resolution. RESOLUTION NO. 06-35 - A resolution of the City Council of the City of Tustin approving Final Tract Map 16790 to subdivide an existing 4.99 acre parcel into one (1) numbered lot to accommodate development plans approved by Design Review 04-025, which authorized the construction of ninety-three (93) residential condominium units at 1361 EI Camino Real 8. LEASE AGREEMENT AT THE TUSTIN SPORTS PARK WITH EXPRESS SPORTS CAFÉ Recommendation: Approve a Lease Agreement for the food and beverage concession at the Tustin Sports Park with Amy Ravetto, dba Express Sports Café. 9. APPROVAL OF PLANS AND SPECIFICATIONS AND AWARD OF A CONTRACT FOR ANNUAL ON-CALL STREET/ALLEY REPAIR PROGRAM FOR FISCAL YEAR 2005-2006 TO 2008-2009 (PROJECT NO. 403-6245) Recommendation: Adopt resolution. RESOLUTION NO. 06-34 - A resolution of the City Council of the City of Tustin, California approving Plans and Specifications for the Annual On-Call StreeUAlley Repair Program (Project No. 403-6245) 10. SETTING OF A PUBLIC HEARING DATE FOR THE 2005 TUSTIN URBAN WATER MANAGEMENT PLAN UPDATE Recommendation: Set the public hearing for 7:00 p.m. on Monday, April 3, 2006 to respond to public comments, accept, and adopt the City's 2005 Urban Water Management Plan. 11. APPROVAL OF AMENDMENT NO.2 TO COOPERATIVE AGREEMENT NO. 12- 367 (CONSTRUCTION) WITH THE STATE OF CALIFORNIA FOR THE City Council Meeting Agenda March 20, 2006 Page 5 of 9 NEWPORT AVENUE EXTENSION/SR-55 RAMP RECONFIGURATION PROJECT (CIP NO. 7130) Recommendation: Approve Amendment No.2 to Cooperative Agreement No. 12- 367 with the State of California Department of Transportation (Caltrans) and authorize the Mayor and City Clerk to execute the document on behalf of the City. 12. APPROVAL OF CONTRACT FOR ANNUAL MAINTENANCE SERVICES FOR CITYWIDE TRAFFIC SIGNALS Recommendation: Approve contract for Annual Maintenance Services for Citywide Traffic Signals, FY 2005-2006 through FY 2010-2011, with Republic Electric and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. 13. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE FIRST STREET/B STREET PEDESTRIAN ENHANCEMENTS (CIP NO. 4068) Recommendation: Adopt resolution. RESOLUTION NO. 06-23 - A resolution of the City Council of the City of Tustin, California approving Plans and Specifications for the First Street / B Street Pedestrian Enhancements (CIP No. 4068), and authorizing advertisement for bids 14. CONSIDERATION OF CLAIM OF ELAINE HILL, CLAIM NO. 06-04 Recommendation: Deny Claim No. 06-04, Elaine Hill, and direct staff to send notice thereof to the claimant. 15. AUTHORIZATION TO PURCHASE TUSTIN COMMUTER RAIL STATION BICYCLE LOCKERS (CIP NO.1 060) Recommendation: Adopt resolution. RESOLUTION NO. 06-29 - A resolution of the City Council of the City of Tustin, California authorizing the purchase of bicycle lockers for the Tustin Commuter Rail Station (CIP No.1 060) 16. CONSULTANT SERVICES AGREEMENT FOR AS-NEEDED TECHNICAL SUPPORT AND ASSISTANCE WITH THE CITY'S MUNICIPAL STORM WATER PROGRAM City Council Meeting Agenda March 20, 2006 Page 6 of 9 Recommendation: Approve the Consultant Services Agreement with URS Corporation for As-Needed Technical Support and Assistance with the City's Municipal Storm Water Program in compliance with National Pollutant Discharge Elimination System (NPDES) requirements, and authorize the Mayor and City Clerk to execute the Consultant Services Agreement on behalf of the City. 17. AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO. D99-128 TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL) STUDIES IN THE NEWPORT BAY WATERSHED Amendment No.1 to Cooperative Agreement No. D99-128 will result in the addition of 4 new entities: Tustin Legacy Community Partners, Orange County Great Park Corporation, Lennar Homes of California, Inc, and the California Department of Transportation. Agreement No. D99-128 provides for the joint funding of Nutrient, Fecal Coliform, and Toxics studies in the Newport Bay Watershed pursuant to provisions of Section 303(d) of the Clear Water Act and the Municipal National Pollutant Discharge Elimination System (NPDES) Stormwater Permit as adopted by the Santa Ana Regional Water Quality Control Board. Recommendation: Approve Amendment No.1 to Agreement No. D99-128 "Agreement to Fund Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) Studies in the Newport Bay Watershed" and authorize the Mayor and City Clerk to execute the agreement. 18. AUTHORIZATION FOR THE STATE TO PURCHASE THREE BI-FUEL SEDANS ON BEHALF OF THE CITY Recommendation: Adopt resolution. RESOLUTION NO. 06-37 - A resolution of the City Council of the City of Tustin, California authorizing the Department of General Services of the State of California to purchase certain items City Council Meeting Agenda March 20, 2006 Page 7 of 9 REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Item 19 through 24) 19. CITY RESPONSE TO DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT (DPEIR) FOR ORANGE COUNTY TRANSPORTATION AUTHORITY (OCT A) 2006 LONG RANGE TRANSPORTATION PLAN (LRTP) Recommendation: Authorize staff to forward draft response letter to the Orange County Transportation Authority. 20. SB-1066 TIME EXTENSION STATUS REPORT The City has implemented all plan elements of its SB-1066 Plan of Correction. Accomplishments include: increased commercial diversion rate by 70% (from 70 tons/month to 130 tons/month); adopted revised Construction and Demolition (C&D) Debris ordinance and tracking; development and distribution of brochures and production of a video for single family, multifamily and commercial sectors; introduced source separation program for 10,000+ multifamily units with the innovation of new bins and collection routing; utilized transformation to augment the commercial and multifamily diversion efforts; and utilization of Material Recovery Facility (MRFing) to capture additional material from the multifamily sector. Recommendation: Receive and file this report. 21. ANTICIPATED ECONOMIC DEVELOPMENT CONVEYANCE AMENDMENTS AND ENVIRONMENTAL INSURANCE FOR FLOOD CONTROL CHANNELS AT TUSTIN LEGACY City Council authorization is requested to permit City staff to execute upcoming Economic Development Conveyance Agreement Amendments with the Department of the Navy and to secure environmental insurance coverage for certain property addressed in one of the proposed Economic Development Amendments prior to acceptance by the City of the subject property. Recommendations: 21.a. Authorize the City Manager or Assistant City Manager to execute Amendment No. 1 and Amendment No.2 to the Economic Development Conveyance Agreement with the Department of the Navy, subject to the City's special legal counsel approval of all provisions in each Amendment including proposed Navy quitclaim deeds. Also, authorize the City Manager, of his designee to carry out all actions necessary to implement the Amendments including execution of all related documents including quit claim deeds approved by the City's special legal counsel. City Council Meeting Agenda March 20, 2006 Page 8 of 9 21.b. Authorize the Assistant City Manager, or his designee to bind environmental and pollution legal liability insurance coverage, including coverage for loss, remediation expense, legal defense expenses and natural resource damage for property at Tustin Legacy to be transferred to the City pursuant to Amendment No.2 to the Economic Development Conveyance Agreement with the Navy, subject to special legal counsel approval of all policy endorsements, and authorize a payment amount for such policy in an amount not to exceed $302,000 including premium, broker fee, and all required taxes out of the Tustin Legacy Enterprise Fund. 22. AMENDMENT TO AFFORDABLE HOUSING PLAN (MOFFETT MEADOWS PARTNERS LLC) An amendment to Affordanle Housing Plan and Density Bonus Application (dated January 17, 2005) for Planning Areas 4 and 5 (Clumbus Square Project) and Planning Area 21 (Columbus Grove Project) at Tustin Legacy to reflect approved plans for the senior housing project and reduced number of units. Recommendation: Receive and file report. 23. RESOLUTION IN SUPPORT OF 241 TOLL ROAD COMPLETION. This item has been placed on the agenda at the request of Councilmember Jerry Amante who seeks support on behalf of the Foothill Transportation Corridor Agency to complete the 241 Toll Road. The location for the final 16 miles of Orange County's toll road system, will extend the Toll Road from where it ends at Oso Parkway to Interstate 5 near San Clemente. Recommendation: Pleasure of the City Council. 24. CITY COUNCIL - LEGISLATIVE UPDATES Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT - Refer to First Public Input for information. OTHER BUSINESS - City Manager, City Attorney, City Council COMMITTEE REPORTS - City Council ADJOURNMENT - Next meeting scheduled for April 3, 2006 at 5:30 p.m. for Closed Session and 7:00 p.m. for Regular Session in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting Agenda March 20, 2006 Page 9 of 9