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Home My WebLink About00 CC AGENDA 06-19-06 CITY OF TUSTIN JUNE 19, 2006 SPECIAL/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 SPECIAL MEETING 5:30 P.M. CALL TO ORDER PUBLIC INPUT – Members of the public may address the City Council on items on the Special Meeting Agenda. PRESENTATION Tustin Police Department Presentation REGULAR MEETING 7:00 P.M. CALL TO ORDER INVOCATION – Father Anh Nguyen, St. Cecilia’s Church PLEDGE OF ALLEGIANCE – Councilmember Amante ROLL CALL – City Clerk Stoker CLOSED SESSION REPORT – City Attorney City Council Meeting June 19, 2006 Agenda Page 1 of 8 PRESENTATIONS ? Certificates of Recognition presented by Mayor Davert to the Tustin Area Council for Fine Arts (TACFA) Barbara Benson Memorial Scholarship winners for 2006: ? Maria Claudia Brena of Tustin High School ? Amanda Fairweather of Foothill High School ? Angela Molina of Tustin High School ? Max Poling of Foothill High School ? Jefferey Trager of Hillview High School ? Marty Weinstein of Foothill High School ? Presentation on SCAG’S RHNA’S Pilot Program 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. 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. APPROVAL OF RESIDENTIAL AND COMMERCIAL SOLID WASTE RATE ADJUSTMENTS AND ADOPTION OF RESOLUTION NO. 06-71 PLACING ASSESSMENTS OR RESIDENTIAL SOLID WASTE COLLECTION ON THE 2006-2007 ORANGE COUNTY PROPERTY TAX ROLL 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). FDS has requested a rate adjustment for all customers pursuant to an increase in the PPI. The PPI increase has been adjusted downward to reflect a decrease in the hauler's Workers Compensation costs. Staff is recommending approval of the modified PPI rate adjustment for all customers and placement of the residential assessment on the property tax roll. The residential and commercial rates will increase 0.8% per month and the annual residential assessment would be $162.24. Recommendations: 1.a. Open and close the public hearing; 1.b. Approve residential and commercial solid waste rate adjustments related to the Producer Price Index and an extraordinary insurance cost adjustment to both residential and commercial rates; and City Council Meeting June 19, 2006 Agenda Page 2 of 8 1.c. Adopt resolution. RESOLUTION NO. 06-71 - 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 a report relative to parcels of real property receiving solid waste collection services, determining the charges for solid waste collection to be assessed against the respective lots or parcels of land as they appear on the current Assessment Roll 2. CODE AMENDMENT 06-002 AND WRITTEN REPORT FOR INTERIM URGENCY ORDINANCE NO. 1303 On August 15, 2005, the City Council adopted Interim Urgency Ordinance No. 1300, a 45-day moratorium on the establishment and operation of new or expanded commercial self-storage facilities, including self-storage mini warehouses ("Self-Storage Uses") within the City of Tustin. Ordinance No. 1300 was subsequently extended by the adoption of Urgency Ordinance No. 1303 on September 19, 2005. Urgency Ordinance No. 1303 will expire on August 15, 2006, unless it is extended for an additional year pursuant to Section 65858 of the California Government Code. Pursuant to Government Code Section 65858, ten (10) days prior to the expiration of the interim ordinance, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. To address the current and immediate threat to the public health, safety, and welfare, staff has prepared Code Amendment 06-002 which would remove "self-storage mini warehouses" as a permitted use in the industrial (M) Zoning District and in the Irvine Industrial Complex Planned Communities. New or expanded commercial self-storage facilities/self-storage mini warehouses would no longer be permitted nor conditionally permitted in the City of Tustin. Applicant: City of Tustin Community Development Department Recommendations: 2.a. Issue this written report required by Government Code Section 65858 by Minute Motion. 2.b. Open and close the public hearing; and 2.c. Introduce and have first reading by title only of the following ordinance: ORDINANCE NO. 1313 - An ordinance of the City Council of the City of Tustin, California, repealing Tustin City Code Sections 9242b(k), and 9242c(c)(5); amending Subsection b of Section VI of the Irvine Industrial Complex Planned Community District regulations; and amending Subsection 1.e. of Section I of the Irvine Industrial Complex (Redhill) Planned Community District regulations relating to Commercial Self- Storage Facilities/Self-Storage Mini Warehouses City Council Meeting June 19, 2006 Agenda Page 3 of 8 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 16) 3. APPROVAL OF MINUTES – REGULAR MEETING OF JUNE 5, 2006 Recommendation: Approve the Regular City Council Meeting Minutes of June 5, 2006. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $375,613.38; $1,608,649.51; Reversals in the amount of $6,060.10; and Payroll in the amount of $593,972.61. 5. PLANNING ACTION AGENDA – JUNE 12, 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 June 12, 2006. 6. CONSIDERATION OF CLAIM OF DIANE WENDLAND, CLAIM NO. 06-12 Recommendation: Deny Claim Number 06-12, Diane Wendland, and direct staff to send notice thereof to the Claimant. 7. CONSIDERATION OF CLAIM OF GLORIA SEPULVEDA, CLAIM NO. 06-15 Recommendation: Deny Claim Number 06-15, Gloria Sepulveda, and direct staff to send notice thereof to the Claimant. 8. DESTRUCTION OF RECORDS – CITY CLERK’S OFFICE Recommendation: Adopt resolution. RESOLUTION NO. 06-72 - A resolution of the City Council of the City of Tustin, California, authorizing the destruction of certain City records and City Council Meeting June 19, 2006 Agenda Page 4 of 8 papers in the possession of the City Clerk 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 9. AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL YEAR 2006/2007 Recommendation: That the City Council, through Minute Action, authorize the City Manager to continue fiscal operations for 2006/2007 at an appropriation level not to exceed that of 2005/2006, until such time as the budget process can be completed. Since the 2006/2007 budget will not be approved until after July 1, 2006, it is necessary for the City Council to authorize expenditures for operations. This would also include capital improvement projects approved in fiscal year 2005/2006. It would not include new capital improvement projects or services. 10. AGREEMENT FOR JOINT POLICE SERVICES BETWEEN THE CITY OF TUSTIN AND THE CITY OF IRVINE Recommendation: Approve an agreement between the City of Tustin and the City of Irvine for joint police services, authorizing select members of the Tustin Police Department to join the Irvine Police Department's SWAT Team and authorize the City Manager to execute said agreement. 11. SURPLUS EQUIPMENT SALES REPORT Recommendation: Receive and file. 12. CITY OF TUSTIN MEASURE M GROWTH MANAGEMENT PROGRAM ANNUAL COMPLIANCE, FISCAL YEAR 2006-2007 Recommendations: In order to maintain eligibility for the Measure M Growth Management Program (GMP), it is recommended that the City Council take the following actions in compliance with the Measure M GMP requirements: 12.a. Adopt the attached draft Measure M Growth Management Program Seven-Year Capital Improvement Program (Fiscal Year 2006-2007 through Fiscal Year 2012-2013). 12.b. Adopt resolution; and RESOLUTION NO. 06-60 - A resolution of the City Council of the City of Tustin, California concerning the status of the Circulation Element for the City of Tustin City Council Meeting June 19, 2006 Agenda Page 5 of 8 12.c. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M GMP eligibility package, including certification of the City's Maintenance of Effort (MOE), to the Orange County Transportation Authority 13. AGREEMENT REGARDING FLOODING INDEMNITY AND OPERATIONS AND MAINTENANCE PLAN TO FUND AND MAINTAIN WATER QUALITY BEST MANAGEMENT PRACTICES The Tustin City Code requires project applicants to prepare a Water Quality Management Plan (WQMP) for all new development and significant redevelopment projects. This requirement for a WQMP stems from the City's obligation under the provisions of the Orange County National Pollutant Discharge and Elimination System (NPDES) municipal storm water permit, and WQMPs are prepared in accordance with the Orange County Drainage Area Management Plan (DAMP). The City complies with these requirements and reviews the WQMPs for compliance. As part of the WQMP prepared for the Advanced Technology Education Park (ATEP), an Operation and Maintenance Plan (O & M) Agreement to Fund and Maintain Water Quality Best Management Practices (BMPs) is required to be recorded. Owner and/or lessee: South Orange County Community College District Recommendation: Authorize the Mayor to execute the Agreement Regarding Flooding Indemnity and O & M Plan to Fund and Maintain Water Quality BMPs. 14. AGREEMENT WITH SECURITAS SECURITY SERVICES USA, INC. TO PROVIDE CONTINUED SECURITY SERVICES AT TUSTIN LEGACY Tustin City Council approval is requested to extend the term and modify compensation of the existing Security Services Agreement between the City of Tustin and Securitas Security Services USA, Inc., to provide continued security services for City of Tustin owned/leased property at Tustin Legacy. Recommendation: Authorize the City Manager or Assistant City Manager to execute a Security Services Agreement between Securitas Security Services USA, Inc., and the City of Tustin to provide necessary security services at Tustin legacy, subject to final contract review by the City Attorney. 15. REDEVELOPMENT AGENCY'S MID-TERM REVIEW ON THE INITIAL FIVE YEAR IMPLEMENTATION PLAN FOR THE MCAS TUSTIN REDEVELOPMENT PROJECT California Health & Safety Code Section 33000 et. seq. (California Redevelopment Law, the "CRL") requires the Redevelopment Agency to conduct a public hearing at least once during the five-year term of the Agency's Five-Year Implementation Plan to review the Agency's progress in meeting its defined goals and objectives. (See RDA $ for Plan) City Council Meeting June 19, 2006 Agenda Page 6 of 8 Recommendation: Receive and file. 16. AGREEMENT WITH ACEPEX MANAGEMENT CORPORATION TO PROVIDE CONTINUED CARETAKER SERVICES AT TUSTIN LEGACY Tustin City Council approval is requested to extend the term and modify compensation of the existing Caretaker/Property Management Consultant Services Agreement between the City of Tustin and ACEPEX Management Corporation, to provide continued caretaker services for City of Tustin owned/leased property at Tustin Legacy. Recommendation: Authorize the City Manager or Assistant City Manager to execute a Caretaker/Property Management Consultant Services Agreement between ACEPEX Management Corporation and the City of Tustin to provide continued caretaker services at Tustin Legacy. REGULAR BUSINESS ITEMS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 17 through 19) 17. INFORMATION PERTAINING TO SBC-AT&T PROJECT LIGHTSPEED AND UPDATE ON PROPOSED LEGISLATION THAT WOULD PREEMPT THE CITY’S REGULATORY AUTHORITY Recommendation: Provide staff and the City Attorney’s Office such direction as the Council deems appropriate. 18. WAIVER OF ATTORNEY-CLIENT PRIVILEGE ON A SPECIFIC DOCUMENT Council may discuss and decide whether it wishes to waive the attorney-client privilege on a specific document prepared by the City Attorney’s Office. Recommendation: Pleasure of the City Council. 19. CITY COUNCIL – LEGISLATIVE UPDATES Recommendation: Pleasure of the City Council. 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. City Council Meeting June 19, 2006 Agenda Page 7 of 8 OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – Next meeting scheduled for July 3, 2006 at 4:00 p.m. for a Budget Workshop; 5:30 p.m. for Closed Session; and 7:00 p.m. for Regular Session at Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting June 19, 2006 Agenda Page 8 of 8