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HomeMy WebLinkAbout00 COUNCIL AGENDA 06-05-06 CITY OF TUSTIN JUNE 5, 2006 REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN Tracy Worley Hagen, Mayor Pro Tem William A. Huston, City Manager Jerry Amante, Councilmember Douglas C. Holland, City Attorney Lou Bone, Councilmember Pamela Stoker, City Clerk Tony Kawashima, Councilmember Doug Davert, Mayor 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 June 5, 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 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 B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) ? Russell vs. City of Tustin City Council Meeting June 5, 2006 Agenda Page 1 of 9 PUBLIC MEETING 7:00 P.M. CALL TO ORDER INVOCATION – Councilmember Bone PLEDGE OF ALLEGIANCE – Mayor Pro Tem Worley Hagen ROLL CALL – City Clerk Stoker CLOSED SESSION REPORT – City Attorney PRESENTATION Certificates of Recognition presented by Mayor Davert to Tustin Pride Contest winners: Theme Grades K-5 “What Can I Do To Help Recycle In Tustin?” Name Category School Grade Gianluca Allesina Poster Ladera 1 Blake Balsiger Essay Peters Canyon 2 Taylor Groot Poster Arroyo 2 Kylie RuhlenEssay Arroyo 3 Deeba Zadeh Poster Peters Canyon 3 Samuel Harristakis Poster Tustin Ranch 4 Hayden Wyndham-Smith Essay Estock 4 Lisa Lin Poster Ladera 5 Jonathan Tsai Essay Ladera 5 Theme Grades 6-8 “What Can I Do To Make My Community Drug Free?” Name Category School Grade Jessica Ma Poster Columbus Tustin 6 Ainsley Kosinski Poster Hewes 7 Marissa LaBarbera Essay Hewes 7 Peter Nguyen Essay Hewes 8 Dianna Wiegand Poster Hewes 8 FIRST PUBLIC INPUT – This is the time and place for any member of the public who wishes to address the Council on any item(s) on the Agenda. City Council Meeting June 5, 2006 Agenda Page 2 of 9 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) 1. CONSIDERATION OF THE LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2006- 2007 Public hearing to consider approving a levy of annual assessments for the Tustin Landscape and Lighting District for FY 2006-07. Based on the results of the ballot proceedings, the base assessment rate for Fiscal Year 1997-98 and subsequent years may be increased by no more than the increase in the CPI for all urban consumers for the Los Angeles, Anaheim, and Riverside area. The intent of applying the annual CPI adjustment to the base assessment rate is to maintain the value of the maintenance work in relation to the increased cost of the maintenance work. The percent increase in the CPI in calendar year 2005 was 4.5%. The District’s budget for Fiscal Year 2006-2007 has been increased as allowed by Proposition 218 to offset anticipated increases in operating expenses. Legal notice published in the Tustin News on Thursday, May 25, 2006. Recommendations: 1.a. Open and close the public hearing; and 1.b. Provided there is not a majority protest, adopt resolution. RESOLUTION NO. 06-63 - 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 2006-2007 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 2 through 13) 2. APPROVAL OF MINUTES – REGULAR MEETING OF MAY 15, 2006 Recommendation: Approve the Regular City Council Meeting Minutes of May 15, 2006. City Council Meeting June 5, 2006 Agenda Page 3 of 9 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $616,445.44; $1,521,892.74; $3,717,046.24; and Payroll in the amount of $566,577.87. 4. AUTHORIZATION TO EXPEND ASSET FORFEITURE FUNDS The Police Department is requesting authorization from the City Council to expend asset forfeiture funds to purchase hand-held police radios to augment the 800 MHz radio inventory; and personal digital audio recorders with management software for those officers working special assignments without benefit of a mobile audio/video recorder system (MAVS) in their vehicles. Recommendation: Authorize the appropriation of $78,750 from the Asset Forfeiture fund to purchase radio equipment, digital audio recorders and associated software. 5. TUSTIN SPORTS PARK TOT LOT RENOVATION (PROJECT NO. 2059) ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE NOTICE OF COMPLETION Recommendations: 5.a. Adopt resolution; and RESOLUTION NO. 06-56 – A resolution of the City Council of the City of Tustin, California, accepting works of improvement and authorizing recordation of Notice of Completion for Tustin Sports Park Tot Lot Renovation 5.b. Authorize the recordation of the Notice of Completion; and direct the City Clerk to: 1. Release the Labor and Materials Bond no sooner than 35 days after the date of recordation of the Notice of completion; and 2. Release the Faithful Performance Bond no sooner than one year after the date of recordation of the Notice of Completion. 6. CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2006, CONSOLIDATING SERVICES WITH THE ORANGE COUNTY VOTER REGISTRAR’S OFFICE AND ADOPTING REGULATIONS FOR CANDIDATES FOR CITY COUNCIL Recommendation: Adopt resolutions. City Council Meeting June 5, 2006 Agenda Page 4 of 9 RESOLUTION NO. 06-64 - A resolution of the City Council of the City of Tustin, California (1) calling and giving notice of a General Municipal Election to be held on Tuesday, November 7, 2006, (2) requesting the County of Orange Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election (3) authorizing the County of Orange Registrar Voter’s Office to canvass the election returns; and (4) providing for expenses of the election RESOLUTION NO. 06-65 - A resolution of the City Council of the City of Tustin, California, adopting regulations for candidates for City Council pertaining to Candidate Statements submitted to the voters at the General Municipal Election with the Statewide General Election to be held on Tuesday, November 7, 2006 7. SET A PUBLIC HEARING FOR JUNE 19, 2006 AT 7:00 PM TO CONSIDER SOLID WASTE RATE ADJUSTMENTS AND PLACING RESIDENTIAL SOLID WASTE RATES ON THE FY 06-07 COUNTY PROPERTY TAX ROLL Recommendation: Set a public hearing for June 19, 2006 at 7:00 p.m. to consider various rate adjustments and to place the residential solid waste fees on the County’s Assessor’s Tax Roll. 8. APPROVAL OF AN EXTENSION TO THE AGREEMENT BETWEEN CLEAR CHANNEL OUTDOOR AND THE CITY OF TUSTIN TO MAINTAIN BUS SHELTERS AND BENCHES WITHIN THE CITY OF TUSTIN Recommendation: Approve an extension to the Agreement with Clear Channel Outdoor (CCO) for an additional two-year period. 9. AWARD OF CONTRACT FOR CONSTRUCTION OF THE FIRST STREET/B STREET PEDESTRIAN ENHANCEMENTS (CIP NO. 4068) Recommendation: Award a construction contract for the First Street/B Street Pedestrian Enhancements (CIP No. 4068) to Pouke & Steinle, Inc., the lowest responsible and responsive bidder in the amount of $243,950.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 10. AUTHORIZATION FOR THE STATE TO PURCHASE ONE RIDING LAWNMOWER Authorize the General Services Department of the State of California to purchase one current model year riding lawnmower on behalf of the City of Tustin. City Council Meeting June 5, 2006 Agenda Page 5 of 9 Recommendation: Adopt resolution. RESOLUTION NO. 06-61 - 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 11. CONSIDERATION OF CLAIM OF DIANNA LYNN PERRONE, CLAIM NO. 06-10 Recommendation: Deny Claim Number 06-10, Dianna Lynn Perrone, and direct staff to send notice thereof to the Claimant. 12. PLANNING ACTION AGENDA – MAY 22, 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 May 22, 2006. 13. CITY OF TUSTIN REVIEW OF CITY OF IRVINE DRAFT ENVIRONMENTAL IMPACT REPORT FOR LAMBERT RANCH PROJECT City staff has reviewed the Lambert Ranch Draft Environmental Impact Report (DEIR) for a General Plan Amendment, Zone Change, Conceptual Master Plan, Vesting Tentative Tract Map, and Park Plan for residential development consisting of 168 single family dwelling units north of Portola Parkway, approximately ¾ mile east of the eastern leg of the Eastern Transportation Corridor (Highway 133). It is not anticipated that the proposed project would have any significant impacts on the City of Tustin. Recommendation: Receive and file report. REGULAR BUSINESS ITEMS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 14 through 20) 14. ORDINANCE NO. 1312 SECOND READING - ADOPTING CITY LOGO AND SEAL The proposed ordinance will ensure that the Logo and the Seal are consistently and legally used whenever they appear. City Council Meeting June 5, 2006 Agenda Page 6 of 9 Recommendation: Have second reading by title only and adoption of Ordinance No. 1312 (roll call vote). ORDINANCE NO. 1312 – An ordinance of the City of Tustin, California, adding Part 4 to Chapter 2, Article 1 of the Tustin City Code regarding the City Seal and Logo 15. SET DATE FOR FISCAL YEAR 2006-07 BUDGET WORKSHOP Recommendation:Set a date for Fiscal Year 2006-07 Budget Workshop. 16. ESTABLISH A COMMUNITY FACILITIES DISTRICT AND AUTHORIZE THE LEVY OF SPECIAL TAXES; AND INCUR BONDED INDEBTEDNESS OF THE PROPOSED CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 Recommendations: 16.a. Adopt resolutions; RESOLUTION NO. 06-67 - A resolution of the City Council of the City of Tustin of intention to establish a Community Facilities District and to authorize the levy of special taxes RESOLUTION NO. 06-68 - A resolution of the City Council of the City of Tustin to incur bonded indebtedness of the proposed City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) RESOLUTION NO. 06-70 – A resolution of the City Council of the City of Tustin authorizing the execution and delivery of a Joint Community Facilities Agreement 16.b. Authorize the selection of various Consultants for this second Community Facilities District financing as recommended by staff; and 16.c. Authorize the City Manager to sign the Deposit and Reimbursement Agreement between the City and Lennar Homes of California, Inc. 17. RENEWED MEASURE M TRANSPORTATION PLAN On November 6, 1990, Orange County voters approved Measure M, a half-cent local transportation sales tax to be collected for 20 years. The revenue generated from Measure M has been used to fund critical freeway, road and transit projects in Orange County. However, the sales tax is set to expire in 2011. In order for the renewal of the half-cent sales tax (Measure M) to be City Council Meeting June 5, 2006 Agenda Page 7 of 9 placed on the November 2006 ballot, the Measure must obtain support of a majority of Orange County cities representing a majority of the population of Orange County. The Orange County Division, League of California Cities, has recommended the adoption of the attached resolution in support of the Renewal of Measure M. By adopting the resolution, each city is acknowledging the importance of preserving Measure M funding for the next 30 years and approving the Investment Plan for the revenues expected to be derived from the renewal of Measure M. Adoption will allow the new measure to be put before the voters. Recommendation: Adopt resolution. RESOLUTION NO. 06-69 - A resolution of the City Council of the City of Tustin, California, approving the renewed Measure M Transportation Investment Plan 18. OPPOSING STATE ASSEMBLY EFFORTS TO PROHIBIT CONSTRUCTION OF A TOLL ROAD THROUGH THE SAN ONOFRE STATE BEACH PARK A subcommittee of the California Assembly has recommended that the Assembly approve a law which would prohibit construction of the Foothill South Toll Road through the San Onofre State Beach Park. The Foothill/Eastern Transportation Corridor Agency (F/ETCA) Board of Directors has requested support from Cities to urge Orange County's state representatives to oppose this recommendation. Recommendation: Adopt resolution. RESOLUTION NO. 06-66 - A resolution of the City Council of the City of Tustin, California opposing State Assembly efforts to prohibit construction of a toll road through the San Onofre State Beach Park 19. SB 1431 - DESIGN BUILD CONTRACTING BY CITIES, COUNTIES AND SPECIAL DISTRICTS Many California cities are currently precluded by the Public Contracts Code from utilizing the design-build process to construct public projects. SB 1431 by State Senator David Cox would revise the code to allow a City Council to authorize the use of the process for building projects. Recommendation: Staff recommends that the City Council support SB 1431 as proposed by Senator David Cox and authorize the Mayor to submit a letter of support. 20. CITY COUNCIL – LEGISLATIVE UPDATES Recommendation: Pleasure of the City Council. City Council Meeting June 5, 2006 Agenda Page 8 of 9 SECOND PUBLIC INPUT – This is the time and place for any member of the public who wishes to address the Council on any item(s) NOT on the Agenda. OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – Next meeting scheduled for June 19, 2006 at 4:30 p.m. for a Special Meeting; 5:30 p.m. for Closed Session; and 7:00 p.m. for Regular Session at Council Chamber, 300 Centennial Way, Tustin, California Adjourn in Memory of Orange City Councilmember Steven Ambriz City Council Meeting June 5, 2006 Agenda Page 9 of 9