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HomeMy WebLinkAbout00 AGENDA 04-03-06 CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL APRIL 3,2006 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 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 April 3, 2006 meeting of the City Council. (Agenda Items A thru C) 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 B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: 305 East Main Street Negotiators: Assistant City Manager Christine Shingleton (City) and Cathy Sipia of Cathy's Kids Club Under Negotiation: Acquisition City Council Meeting Agenda April 3, 2006 Page 1 of 9 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 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 - Walt Sullens, Chaplain, Tustin American Legion Post 227 PLEDGE OF ALLEGIANCE - Tustin American Legion Post 227 ROLL CALL - City Clerk Stoker CLOSED SESSION REPORT - City Attorney FIRST PUBLIC INPUT PUBLIC HEARINGS 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 thru 3) City Council Meeting Agenda April 3, 2006 Page 2 of 9 1. 2005 TUSTIN URBAN WATER MANAGEMENT PLAN UPDATE The California Urban Water Management Planning Act (Act) was established by State Assembly Bill No. 797 (AB-797). It requires urban water suppliers providing water for municipal services of more than 3,000 connections or 3,000 acre-feet of water production annually, to prepare, conduct a public hearing, and adopt a plan in accordance with the prescribed requirements of the Act. Recommendations: 1.a. Open and close the public hearing; and 1.b. Adopt resolution. RESOLUTION NO. 06-32 - A resolution of the City Council of the City of Tustin adopting the City of Tustin's Urban Water Management Plan pursuant to California Water Code 10610 to 10657 2. JUSTICE ASSISTANCE GRANT (JAG) PROGRAM 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 2006-2007 JAG funds to purchase communications equipment, specifically hand-held radios. Recommendations: 2.a. Open and close the public hearing; 2.b. Authorize usage of the funds as recommended by the Police Department; and 2.c. Authorize reimbursement from the County of Orange to the City of Tustin for the purchase of Motorola radios, and authorize the Chief of Police to sign any grant related paperwork on behalf of the City. 3. MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE 05-002) Zone Change 05-002 is an amendment to the MCAS Tustin Specific Plan to adjust Planning Area boundaries and redistribute and/or eliminate planned land uses within the Specific Plan area. Zone Change 05-002 would not increase the overall development potential or residential capacity currently allowed by the MCAS Tustin Specific Plan. On March 27, 2006, the Planning Commission recommended that the City Council approve an Addendum to the FEIS/EIR for Disposal and Reuse of MCAS Tustin and that the City Council approve MCAS Tustin Specific Plan City Council Meeting Agenda April 3, 2006 Page 3 of 9 Amendment (Zone Change) 05-002. Applicants: City of Tustin and Tustin Legacy Community Partners, LLC Recommendations: 3.a. Open and close the public hearing; 3.b. Adopt resolution; and RESOLUTION NO. 06-43 - A resolution of the City Council of the City of Tustin, California approving an Addendum to the Final Environmental Impact Statement / Environmental Impact Report for the disposal and reuse of MCAS Tustin (UFEIS/EIR") for MCAS Tustin Specific Plan Amendment (Zone Change) 05-002 and Disposition and Development Agreement 06-01; and adopting a revised mitigation monitoring and reporting program 3.c. Introduce and have first reading by title only of the following ordinance: ORDINANCE NO. 1311 - An ordinance of the City Council of the City of Tustin, adopting MCAS Tustin Specific Plan Amendment (Zone Change) 05- 002 to amend various sections of the MCAS Tustin Specific Plan 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 4 through 15) 4. APPROVAL OF MINUTES - REGULAR MEETINGS OF MARCH 20, 2006 Recommendation: Approve the Regular City Council Meeting Minutes of March 20, 2006. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $1,938,999.92 and 3,228,822.23; Reversals in the amount of $129,649.59; and Payroll in the amount of $544,834.48. 6. CONSIDERATION OF CLAIM OF MRS. A. M. KAAS, CLAIM NO. 06-07 Recommendation: That the City Council deny Claim Number 06-07, Mrs. A. M. Kaas, and direct Staff to send notice thereof to the Claimant. City Council Meeting Agenda April 3, 2006 Page 4 of 9 7. PLANNING ACTION AGENDA - MARCH 27, 2006 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 March 27 2006. 8. APPROVAL OF A CONSULTANT SERVICES AGREEMENT WITH ECONOMICS, INC. TO PREPARE A SOLID WASTE BASE YEAR STUDY FOR SUBMISSION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD In order to more accurately measure City compliance with the AB-939 diversion requirements, up-to-date solid waste data is essential. The City's annual report currently utilizes 2001 as the base year. Recommendation: Approve a Consultant Services Agreement with EcoNomics, Inc. in the amount of $43,450 to prepare a new base year study, which will establish 2005 as the new base year for submittal to the California Integrated Waste Management Board (CIWMB). 9. BOYS & GIRLS CLUB BUS DONATION FOR THE SENIOR TRANSPORTATION PROGRAM The Boys and Girls Club of Tustin is offering to donate a 16-passenger bus with wheelchair lift to the City. Its primary use would be for the Senior Transportation Program and would replace the current back-up 1994 Ford 16A/2W (16 ambulatory / 2 wheelchairs) passenger bus. Recommendation: Accept the donation of the bus from the Boys and Girls Club of Tustin. 10. APPROVAL OF AMENDMENT NO.1 TO CONSULTANT SERVICES AGREEMENT WITH RJM DESIGN GROUP FOR ADDITIONAL PROFESSIONAL SERVICES FOR CITRUS RANCH PARK CIP NO. 2046 Recommendation: Approve a change order in the amount of $59,100 for the first amendment to the Consultant Services Agreement between RJM Design Group, Inc. and the City for additional design services for the Citrus Ranch Park Project (CIP NO. 2046) and authorize the City Manager and the Director of Parks and Recreation to execute the amended Consultant Services Agreement on behalf of the City, subject to City Attorney approval. 11. AWARD OF BID FOR ONE RIDING LAWN MOWER Recommendation: Award a bid for the purchase of one riding lawn mower to Bob Hicks Turf Equipment, in the amount of $66,284.57. City Council Meeting Agenda April 3, 2006 Page 5 of 9 12. EXTENSION OF WEST COAST ARBORIST, INC. TREE TRIMMING CONTRACT The proposed extension will increase the existing fee schedule by 15%, with no further increase for the duration of the five (5) year extension. The contract amendment will also provide for an option of additional five (5) one-year extensions based upon future Consumer Price Index adjustments. Recommendation: Approve a contract amendment to provide a five (5) year extension to the existing Tree Trimming Contract with West Coast Arborists, Inc. from July 1, 2006 through June 30, 2011 and authorize the Mayor to execute the contract amendment, subject to the City Attorney's approval. 13. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND AREAS WITH TRUGREEN LANDCARE Approval of the second contract amendment with TruGreen LandCare will extend the agreement for landscape maintenance services for the General Fund Areas for the period from July 1, 2006 to June 30, 2007, with no increase in cost requested by the contractor. The amendment also provides for the addition of landscape maintenance services for additional City water facilities. Recommendation: Approve the second amendment to the contract agreement between TruGreen LandCare and the City of Tustin for landscape maintenance services for the General Fund Areas, subject to City Attorney approval. 14. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE ASSESSMENT DISTRICT AREAS WITH TRUGREEN LANDCARE Approval of the second contract amendment with TruGreen LandCare will extend the agreement for landscape maintenance services for the Assessment District areas for the period from July 1,2006 to June 30,2007. This amendment also provides for the addition of landscape maintenance services for the Peters Canyon Trail - Phase V. Recommendation: Approve the second amendment to the contract agreement between TruGreen LandCare and the City of Tustin for landscape maintenance services for the Assessment District areas, subject to City Attorney approval. 15. CITY OF TUSTIN RESPONSE TO CITY OF SANTA ANA NOTICE OF PREPARATION (NOP) FOR THE METRO EAST MIXED USE OVERLAY ZONE DRAFT EIR City Council authorization is requested for the City of Tustin's response to the Notice of Preparation (NOP) of a Draft Environmental Impact Report (DEIR) prepared for a General Plan Amendment and Zoning Code Amendment to allow for the development of higher density mixed-use and/or residential land uses within an overlay zone of 200 acres. The proposed Overlay Zone is located directly adjacent to the City of Tustin, west of Tustin Avenue, south of East Sixth Street, and between Interstate 5 and State Route 55 in the City of Santa Ana. Recommendation: Authorize staff to forward the draft response letter to the City of Santa Ana. City Council Meeting Agenda April 3, 2006 Page 6 of 9 REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Item 16 through 19) 16. TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM FAIR SHARE ANALYSIS An analysis has been completed of the fair share contributions required of each development area at the former MCAS Tustin as necessary to finance public facilities needed to serve new development. Recommendation: Review and approve the Tustin Legacy Backbone Infrastructure Program Fair Share Analysis and instruct City Staff to utilize the fair share allocations identified for specific development areas pursuant to contractual agreements with developers at Tustin Legacy, conditions of entitlement approval for specific development projects at the former base in both Tustin and Irvine and in any and all property negotiations for disposition by the City of property at Tustin Legacy. 17. GRAD NIGHT FUNDING Tustin High School and Foothill High School are requesting a $2,500 donation each from the City to support Grad Nite Activities. Recommendation: Pleasure of the City Council. RECESS TO JOINT SESSION BETWEEN THE CITY COUNCIL AND THE TUSTIN PUBLIC FINANCING AUTHORITY 18. TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT 06-01 (MASTER DEVELOPMENT SITE) Approval is requested of a Disposition and Development Agreement (DDA) for the Master Development site between the City of Tustin, Tustin Public Financing Authority, and Tustin Legacy Community Partners, LLC ("TLCP" or the "Developer") for the sale and development of certain property at Tustin legacy ("Project"). City Council Action Recommendation: 18.a. Adopt Resolution No. 06-42 approving Tustin Legacy DDA 06-01 subject to any non-substantive modifications as may be determined necessary as may be approved by the City Manager, or as recommended by the City's special counselor the City Attorney and authorize the City Manager and/or Assistant City Council Meeting Agenda April 3, 2006 Page 7 of 9 City Manager to execute the document and to take all actions necessary or desirable to implement the DDA including the execution of all related documents and instruments including the Memorandum of DDA, Ground leases, Bill of Sales, Quitclaim Deeds, any necessary Subordination Agreements, any Assignment and Assumption Agreements, any Certificates of Compliance, any City Estoppels, any Special Restrictions and, upon satisfaction of all conditions and obligations of Developer thereto and pursuant to the DDA, to transfer the subject site in phases to the Developer RESOLUTION NO. 06-42 - A resolution of the City Council of the City of Tustin, California, approving the Tustin Legacy Disposition and Development Agreement for the Master Development Site Tustin Public Financinq Authority Action Recommendations: TPFA.2.a. Adopt TPFA Resolution No. 06-01 approving an Addendum to the Final EIS/EIR for the Disposal and Reuse Of MCAS Tustin (" FEIS/EIR") for DDA 06-01; and adopting a revised Mitigation Monitoring Report. TPFA RESOLUTION NO. 06-01 - A resolution of the Tustin Public Financing Authority of the City of Tustin, California approving an Addendum to the Final Environmental Impact Statement / Environmental Impact Report for the disposal and reuse of MCAS Tustin (UFEIS/EIR") for the Tustin Legacy Disposition and Development Agreement 06-01 (Master Development Site); and adopting a Revised Mitigation, Monitoring and Reporting Program TPFA 2.b. Adopt Resolution No. 06-02 approving DDA 06-01 subject to any non- substantive modifications as may be determined necessary as may be approved by the City Manager, or as recommended by the City's special counselor the City Attorney and authorize the City Manager and/or Assistant City Manager to execute the document and to take all actions necessary or desirable to implement the DDA including the execution of all related documents and instruments including the Memorandum of DDA, Ground Leases, Bill of Sales, Quitclaim Deeds, any necessary Subordination Agreements, any Assignment and Assumption Agreements, any Certificates of Compliance, any City Estoppels, any Special Restrictions and, upon satisfaction of all conditions and obligations of Developer thereto and pursuant to the DDA, to transfer the subject site in phases to the Developer. TPFA RESOLUTION NO. 06-02 - A resolution of the Tustin Public Financing Authority, California approving the Tustin Legacy Disposition and Development Agreement 06-01 (Master Development Site) RECONVENE TO THE REGULAR MEETING OF THE CITY COUNCIL City Council Meeting Agenda April 3, 2006 Page 8 of 9 19. CITY COUNCIL - LEGISLATIVE UPDATES . Discuss Proposed Ballot Measure A on the June 6, 2006 Election 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 17, 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 April 3, 2006 Page 9 of 9