HomeMy WebLinkAbout05 CC ACTION 06-19-06
Report to the
Planning Commission
DATE:
JUNE 26, 2006
CITY COUNCIL ACTION AGENDA
JUNE 19, 2006
SUBJECT:
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT: CITY COUNCIL ACTION AGENDA
JUNE 19, 2006
ITEM #5
(.,!u/it.\...,
I, \ ,I
...~ ~!
Q-srs'/
ACTION AGENDA
OF THE SPECIAL AND REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JUNE 19, 2006
SPECIAL MEETING
CALL TO ORDER - 5:32 P.M.
ATTENDANCE
Present:
Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen;
Council members Jerry Amante, Lou Bone, and Tony Kawashima
None
Maria Huizar, Chief Deputy
William A. Huston, City Manager and Douglas C. Holland, City Attorney
Absent:
City Clerk:
Others Present:
PUBLIC INPUT - None
PRESENTATION
· Tustin Police Department Presentation by Police Chief Scott Jordan
RECESS: 6:35 P.M.
REGULAR MEETING
CALL TO ORDER - 7:07 P.M.
INVOCATION - Father Anh Nguyen, St. Cecilia's Church
PLEDGE OF ALLEGIANCE - Councilmember Amante
ROLL CALL
Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen;
Council members Jerry Amante, Lou Bone, and Tony Kawashima
Absent: None
City Council Meeting June 19, 2006
Action Agenda Page 1 of 10
City Clerk:
Others Present:
Pamela Stoker
William A. Huston, City Manager and Douglas C. Holland, City Attorney
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 by Community Development Director
Elizabeth Binsack
SCAG - Southern California Association of Governments
· Serves as the Metropolitan Planning Organization for six Southern Califomia counties.
· Mandated to plan for transportation, hazardous waste, growth management, and air
quality.
· Allocates the Regional Housing Needs Assessment for the Southern California
Region.
RHNA - Regional Housing Needs Assessment
· Assigns a "fair share" of future housing needs among jurisdictions for all economic
groups.
· Based on a very detailed review and appeal process.
· Conducted every five years in conjunction with General Plan Housing Element
updates.
· Overseen by State Housing Community Development (HCD).
SCAG'S PROPOSAL
· Develop a revised Regional Housing Needs Assessment "Pilot" Program that
encourages the development of housing within Compass Blueprint 2% Strategy Areas.
· The revised program would require an amendment to the existing RHNA statute.
· The proposal has many "unknowns" at this time.
COMPASS BLUEPRINT 2% STRATEGY
· Proposes to concentrate regional growth within infill areas around metro centers, city
centers, rail transit stops, bus rapid transit corridors, airports, ports, industrial centers,
and priority residential in-fill areas as identified by SGAG.
· "2%" terminology is based on the proportion of land within the SCAG region that has
the greatest infill potential.
City Council Meeting
Action Agenda
June 19, 2006
Page 2 of 10
KEY ISSUES
· Reduces Local Land Use Control
· Uses SCAG's Compass Blueprint 2% Strategy as basis for RHNA numbers rather
than local input.
· 2% Strategy was understood to be voluntary and has not been adopted by local
jurisdictions.
· HCD would still have final approval of the forecast and methodology.
· There would be no appeals procedure. SCAG believes trades and transfers equal
appeals.
· Ties RHNA with the Regional Transportation Plan (RTP) and hence, Orange County
Projections (OCP).
· Cities may hesitate to accept OCP numbers, knowing they will be used to develop
RHNA numbers. Cities want low RHNA numbers, could jeopardize OCP.
· Unclear how changes in subsequent RTP Updates will be reconciled with the RHNA.
· RHNA is need-based. RTP is land use based.
· Federal Transportation funds require RTP compliance.
· Requires cities and counties to plan for a 20-year housing supply and zone for a 10-
year housing supply.
· Because General Plan and Zoning must be consistent, general law cities would
actually need to zone for a 20-year housing supply.
· Does not provide for market or demographic shifts over the long term.
· A 1 0/20-year zoning horizon is too long.
· May increase RHNA allocation to cities with large 2% strategy areas (such as Tustin).
· Places unfair burden on developed cities with more infill potential.
· Does not identify exact connection between 2% Strategy and RHNA - although
appears we are mandated to develop within 2% strategy areas allocated to the City.
· Provides for trades and transfers between jurisdictions, but is unclear about details.
· Who administers the trades?
· May trades occur every five years or only once?
· Prohibits trades and transfers between sub regions, which contradicts the regional
growth visioning process.
· SCAG can disallow certain trades.
SCAG ACTIONS
· On June 1, 2006, SCAG Regional Council referred the draft Pilot Program to a SCAG
Task Force for review and comment.
· On June 15,2006, the SCAG Task Force expressed comments and concerns which
will be provided to the SCAG CEHD (Community, Economic, and Human
Development) Committee for their consideration on July 6. Also, Tustin staff
presented City's concerns to the Task Force.
NEXT STEPS
· SCAG Regional Council to consider approval of the RHNA Pilot Program on July 6,
2006.
· RHNA Pilot Program would likely be contained within Assembly Bill 2307.
· The legislation must pass in this session for the RHNA Pilot Program to be
City Council Meeting
Action Agenda
June 19, 2006
Page 3 of 10
implemented at this time.
FIRST PUBLIC INPUT
· Patti Winter, realtor indicated that some CC&R's require payment.
· Bruce Welch, Business Manager for Tomra Pacific spoke regarding requirements for
operating a recycling center.
PUBLIC HEARING ITEM
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.
Presentation of staff report by Administrative Services Manager Joe Meyers.
The public hearing opened at 7:39 p.m. There were no public speakers and the
hearing closed at 7:40 p.m.
Motion: It was moved by Council member Bone, seconded by Council member
Amante, to approve as follows:
1.a. 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
1.b. 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
City Council Meeting
Action Agenda
June 19, 2006
Page 4 of 10
Motion carried 5-0.
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
Presentation of staff report by Senior Planner Scott Reekstin.
The public hearing opened at 7:45 p.m. There were no public speakers and the
hearing closed at 7:46 p.m.
Motion: It was moved by Council member Amante, seconded by Mayor Pro Tern
Hagen, to approve as follows:
2.a. Issue this written report required by Government Code Section 65858 by
Minute Motion.
2.b. 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 (Red hill)
Planned Community District regulations relating to Commercial Self-
Storage Facilities/Self-Storage Mini Warehouses
Motion carried 5-0.
City Council Meeting
Action Agenda
June 19, 2006
Page 5 of 10
CONSENT CALENDAR ITEMS - It was moved by Mayor Pro Tern Hagen, seconded by
Council member Amante, to approve items 3 through 16. Motion carried 5-0.
3. APPROVAL OF MINUTES - REGULAR MEETING OF JUNE 5, 2006
Motion: Approve the Regular City Council Meeting Minutes of June 5, 2006.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $375,613.38; $1,608,649.51;
Reversals in the amount of $6,060.1 0; 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.
Motion: Ratify the Planning Commission Action Agenda of June 12, 2006.
6. CONSIDERATION OF CLAIM OF DIANE WENDLAND, CLAIM NO. 06-12
Motion: 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
Motion: 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
Motion: 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
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
City Council Meeting
Action Agenda
June 19, 2006
Page 6 of 10
9. AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL YEAR 2006/2007
Motion: 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
Motion: 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
Motion: Receive and file.
12. CITY OF TUSTIN MEASURE M GROWTH MANAGEMENT PROGRAM
ANNUAL COMPLIANCE, FISCAL YEAR 2006-2007
Motion: 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
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
City Council Meeting
Action Agenda
June 19, 2006
Page 7 of 10
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 (0 & 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
Motion: Authorize the Mayor to execute the Agreement Regarding Flooding
Indemnity and 0 & 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.
Motion: 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)
Motion: Receive and file.
City Council Meeting
Action Agenda
June 19, 2006
Page 8 of 10
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.
Motion: 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
17. INFORMATION PERTAINING TO SBC/AT&T PROJECT L1GHTSPEED AND
UPDATE ON PROPOSED LEGISLATION THAT WOULD PREEMPT THE
CITY'S REGULATORY AUTHORITY
Presentation by City Attorney Holland.
Mark Leslie Vice President of AT&T and Del Heintz of Comcast addressed the
Council.
Council discussion ensued. Pending issues are: providing PEG channels and
ubiquitous service by any provider.
Mayor Davert - Inclined to make agreement with AT&T, concerned about
fairness with cable companies, agree with all 3 companies come back with a
proposal. Some discussion with cable companies on proposed agreement. May
need to modify all agreements.
Council member Amante - Favors open market, city to keep control over public
right-of-ways.
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem
Hagen, to have staff negotiate with cable companies and AT&T on agreement
that is fair to all parties involved. Motion carried 5-0.
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.
Motion: It was moved by Council member Amante, seconded by Councilmember
Bone to waive attomey/c1ient privilege. Motion carried 3-2 (Hagen and Kawashima
City Council Meeting
Action Agenda
June 19, 2006
Page 9 of 10
opposed).
19. CITY COUNCIL - LEGISLATIVE UPDATES
No items discussed.
SECOND PUBLIC INPUT - None
OTHER BUSINESS / COMMITTEE REPORTS
Councilmember Amante:
· June 8th Legislative Ad-Hoc Committee Meeting report on Foothill extension;
· Transportation Corridor Agency Board approved budget;
· Attended League of Cities breakfast on telecommunications issues;
· Congratulated Mayor on State of the City address; and
· Urban Land Institute panel presentation on June 16th.
Councilmember Kawashima:
· EI Camino Park play equipment needs upgrade; and
· Southern California Edison, Savings by Design program, would like to implement on
Library Renovation project.
Councilmember Bone:
· Metrolink reported over 1 million in rider-ships for month of May.
Mayor Pro Tem Hagen:
· Solar arches at Tustin Legacy being proposed in cooperation with Southern Califomia
Edison; and
· Requested status report on the construction at Orange County Rescue Mission and any
code violations.
Mayor Davert:
· Urban Land Institute panel made key recommendations;
· Thanked Police Chief Jordan for police crime report provided to Council and for proposed
reorganization of department; and
· Library Fundraiser taking place this week at Barnes & Noble and also at Pat & Oscars.
ADJOURNED - 8:50 P.M. - 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
Action Agenda
June 19, 2006
Page 10 of 10
ACTION AGENDA OF THE
REGULAR MEETING
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
JUNE 19,2006
CALL TO ORDER
7:02 p.m.
ATTENDANCE
Present:
Chair Doug Davert; Chair Pro Tem Tracy Worley Hagen; Agency
Members Jerry Amante, Lou Bone, and Tony Kawashima
None
Pamela Stoker
William A. Huston, Executive Director and Douglas C. Holland,
City Attorney
Absent:
Recording Secretary:
Others Present:
PUBLIC INPUT - None
PUBLIC HEARING ITEM
1. MIDTERM REVIEW AND PUBLIC HEARING ON INITIAL FIVE-YEAR
IMPLEMENTATION PLAN FOR MCAS TUSTIN REDEVELOPMENT PLAN
California Health & Safety Code Section 33000 et. seq. (California
Redevelopment Law (the "CRL") requires 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.
Legal notice published in the Tustin News on Thursday, May 25, 2006, June 8 and
June 15, 2006.
Presentation of staff report by Assistant City Manager Christine Shingleton.
The public hearing opened at 7:04 p.m. There were no public speakers and the
hearing closed at 7:04 p.m.
Motion: It was moved by Agency Member Bone, seconded by Chair Pro Tem
Hagen, to approve Five-Year Implementation Plan for MCAS Tustin
Redevelopment Plan. Motion carried 5-0.
Community Redevelopment Agency Meeting
Action Agenda
June 19, 2006
Page 1 of 2
REGULAR BUSINESS ITEMS - It was moved by Agency Member Bone, seconded by
Agency Member Kawashima, to approve items 2, 3, and 4 as recommended by staff.
Motion carried 5-0.
2. APPROVAL OF MINUTES - REGULAR MEETING OF JUNE 5, 2006
Motion: Approve the Redevelopment Agency Minutes of June 5, 2006.
3. AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL YEAR 2006/2007
Motion: That the Agency, through Minute Action, authorize the Executive Director
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 Agency 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.
4. APPROVAL OF A GRANT OF EASEMENT FOR REPLACEMENT OF
OVERHEAD WITH UNDERGROUND ELECTRICAL FACILITIES WITH
SOUTHERN CALIFORNIA EDISON COMPANY (RULE 20B) IN CONJUNCTION
WITH THE NEWPORT AVENUE EXTENSION/SR-55 RAMP
RECONFIGURATION PROJECT (CIP NO. 7130)
The Grant of Easement from the Tustin Community Redevelopment Agency to
the Southern California Edison Company is an easement for the installation of
new underground facilities as a result of undergrounding a portion of the existing
overhead distribution facilities on Edinger Avenue and Del Amo Avenue. These
new facilities are being installed within Underground Utility District No. 03-01 and
are being financed with Rule 20B funds.
Motion: Approve the Grant of Easement for replacement of overhead with
underground electrical facilities with Southern California Edison Company (Rule
20B), and authorize the Executive Director and Recording Secretary to execute
the Grant of Easement on behalf of the Agency.
ADJOURNED -
7:05 P.M. - Next regular meeting scheduled for July 3, 2006 at 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin, California
Community Redevelopment Agency Meeting
Action Agenda
June 19, 2006
Page 2 of2