Loading...
HomeMy WebLinkAbout03 MINUTES 07-03-06 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JUNE 16, 2006 CALL TO ORDER - 9:02 A.M. ATTENDANCE Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen; Councilmembers Jerry Amante and Tony Kawashima Absent: Lou Bone City Clerk: Maria R. Huizar, Chief Deputy City Clerk Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney PUBLIC INPUT - None PRESENTATION - THE URBAN LAND INSTITUTE (ULI) ADVISORY SERVICES PANEL About Urban Land Institute (ULI) . Established in 1936 . Independent nonprofit education and research organization . Mission: To provide responsible leadership in the use of the land in order to enhance the total environment . More than 30,000 members worldwide . Representing the entire spectrum of land use and real estate development disciplines About ULI Advisory Services . Bring the finest expertise in real estate to bear on complex land use and development projects . Over 500 ULI-member teams assembled since 1947 to assist sponsors in finding creative and practical solutions The City ofTustin engaged ULI to address several issues and opportunities - Identify infill development opportunities - Expansion of residential and commercial revitalization activities - Suggest market based revitalization strategies - Provide input on regulatory policy enhancements The Process . Studied and discussed information provided by the sponsor . Toured the project areas . Met with stakeholders and listened to their concerns . Debated the issues The Panel Richard J. Dishnica (Chair) City Council Special Meeting Minutes June 16, 2006 Page 1 of 9 President The Dishnica Company LLC Point Richmond, California Ray Brown President Ray Brown Consulting Memphis, Tennessee Paul D. Charles Executive Director Neighborhood Recovery Community Development Corporation Houston, Texas Victor Karen Director of Advisory Services RF Walsh Company, Inc. Boston, Massachusetts AI Levine Deputy Executive Director Seattle Housing Authority Seattle, Washington R. Terry Schnadelbach Professor and Chairman University of Florida Department of Landscape Architecture Richard Shields Partner Mesa Development Chicago, Illinois Christine Vina Special Projects Coordinator City of San Antonio Planning Department San Antonio, Texas Oranqe Countv Market Strenqth Population: Median Family Income: Per Capita Income: Median Home Price: Civilian Workforce: Unemployment: 2,964,800 $78,300 $40,380 $617,000 1,586,500 3.8% Tustin Market Strenqth Population: Median Family Income: Per Capita Income: Median Home Price: 70,871 $60,092 $25,932 $610,000' City Council Special Meeting Minutes June 16, 2006 Page 2 of 9 Workforce: Unemployment: 41,600 3.4% Tustin Market Advantaaes . Central Location and Highway Access . Neighborhoods . High Demand for Housing - For Sale - Rental . Stock of Affordable Housing . Tustin Unified School District . Tustin Legacy Success Tustin Market Environment . Residential Market Strength: - For-sale at $375 psf to $490 psf and rising Product absorption of 6/7 units/month - Construction costs of $145 to $180 psf and rising . Neighborhood and Service Retail Capacity Small unit (<9,000 sf each) rents of $2.50 to $3.50 psf - Small retail shell construction costs of $120 to $140 psf . Commercial/office - Rents of $2.50 to $3.50 and office condo (medical) . Rental/Manufactured Housing - High occupancy and rents $1.15 to $1.60 psf . Financial Markets - Low cap rates in all income sectors (3-5%) Market Driven Opportunities . Large Parcel Development - High School Site - MFG Homes Sites' - Center City Apartment Site' - Boys/Girls and Center City Industrial . Commercial & Mixed Use Assembly - Red Hill/I-5 Areall-5 Frontage - S55/Sycamore Intersection - Old Town/I-5 Mixed-Use Node - Tustin Hospital/Medical Office . Small Apartment Assembly' . Newport Commercial District Sites . Apartment RedevelopmenUExchange Effort' Challenges to Market Interest . ULI Study Area is intensely developed - Few vacant parcels and few City owned . Fractured land use and inconsistent parcel size, shapes and setbacks . Impact on housing residents and expectationsirequirements for replacement dampen market interest . Rising construction costs . Zoning flexibility, process and requirements City Council Special Meeling Minutes June 16, 2006 Page 3 of 9 Challenge 1: Lack of Neighborhood Plans . Community requirements and expectations not defined . No priorities - left to the marketplace . Express larger ideas and higher value solutions . Process to create incentives, density bonuses and parcel assembly required . Create certainty with community, the market and City . Community understanding and support Challenge 2: Fractured Land Ownership and Uses . Patchwork Land use . Very small lots and super blocks adjacent to each other . Difficult assembly with many owners . Incoherent street blocks . Complex zoning maps . Assembly challenge with "last parcel" syndrome Challenge 3: Lack of Community Amenities and Access . Lack of neighborhood parks and green space . Lack of connections and isolated parcels . Inconsistent design standards and relationship to streets and adjacent parcels Challenge 4: Rental Housing Values Makes Acquisition Difficult . High Rents and Occupancy . All-time Low Cap Rates . Appraised Value Method Imbalance - 4-Plex Sale Value -$900 K to 1.2 million vs. income method of $1.3 to $2 million (5- 3% cap rate) - Large complex income method @ $6 million/acre vs. -$4 million/acre market comparable Challenge 5: Uncertainty in Context and Quality . Property owners uncertain of what will be next door - Example: One street has institutional use, store, housing, repair shop, bank in five adjacent parcels . Large number of buildings and mobile homes in area at the end of their useful life . Inconsistent maintenance and property use patterns impact neighbors . Code enforcement challenges Challenge 6: Need for Housing Policy . Uncertain process and requirements . Displacement and elimination concerns . Need for consistent approach for redevelopment and relocation . High construction costs create huge gaps in any new affordable housing and potentially limit interest in areas where high % replacement requirements exist . Community Development Corporations as a vehicle for implementation . Opportunity for linkage with Tustin Legacy Affordable programs Challenge 7: Increasing Construction Costs . Hyper construction increases impacting all construction sectors . Limits the ability to consider mid & high rise product with current market prices and rents City Council Special Meeting Minutes June 16, 2006 Page 4 of 9 . Creating large gaps in any affordable housing options . Construction trades more selective what and where they work . Energy Costs will impact construction costs even more in coming months/years Challenge 8: Regulatory Environment . Complex land use/zoning requires strategy and vehicle to create certainty in assembly and redevelopment . CEQA process strategy needed to advance redevelopment opportunities . Building heights, densities, zoning categories and flexibility needs reform . Parking, open space, affordable housing requirements relief needed Planning and Design . Study Area Concept Plan . Urban Design as Public Policy . Built Out Residential Areas . Center City & Old Town . Tustin Union High School Site . Newport Avenue / SR-55 Node . Red Hill Avenue / 1-5 Freeway Node Urban Design as Public Policy Design Principles . Preservation and Improvement of Already Built Out Residential Areas within West Village and the Southern Gateway . Potential for Redevelopment at Higher Densities and Height (5 stories) within the Center City and Newport Avenue Corridor Design Guidelines . Creating a Pedestrian Friendly Environment . Increasing Streetscape Continuity . Clustering Land Uses at Intersections . Provision of Appropriately Sized Civic Squares and Parks . Landscape Planting . Building Size, Height and Form that is Compatible with Historic Precedent and Reinforces the Character of its Surroundings . Public Street Grids that are Open and Connective DEVELOPMENT AND IMPLEMENTATION STRATEGIES Civic Engagement and Dialogue: Create Community communication tool Neighborhood Database: ~ Mandatory Homeowners Associations ~ Voluntary Neighborhood Associations ~ Community/Neighborhood Based Organizations Communication Meaningful dialogue and communication cannot occur without basic understanding Communication from City must be disseminated through language and venue options City Council Special Meeting Minutes June 16, 2006 Page 5 of 9 Neighborhood Planning A PLAN identifies and guides the current state of a community to realizing the collective vision for its future -7 Improves quality of life -7 Provides for orderly city development -7 Addresses protection of natural, historical and cultural resources -7 Helps shape the City's urban form Components -7 Goals & Objectives: o Housing o Economic Development o Character Defining Elements o Transportation & Infrastructure o Community Facilities o Land Use Plans Land Use Plans- Community Vision Developer Certainty o Neighborhood and ROW Character, Design Standards o Site Development Standards o Open Space o Building Height o Parking o Types of Land Uses Regulatory Issues Land Use Designations . Allow higher residential densities . Create LU designations that incorporate Residential and Office/Commercial mix of uses . Address height limitations to accommodate densities at defined nodes Zoning Districts . Address increase in maximum height . Encourage zoning overlay districts to address: . protection of neighborhood character . more efficient permitting approval process Entitlements . Entitlement process is not developer friendly and is not producing the best buildings . Current entitlement process increases risks and cost for developers . Result is a reputation as an anti-development city Developer Comments . Unpredictable . Conflicting advice . Uncertain timetables . Late changes to Approved Plans . Excessive Parking & Open Space Requirements City Council Special Meeting Minutes June 16, 2006 Page 6 of 9 What Developers want . Predictability . Transparency . Objectiveness . Reliability . Flexibility to Create Better Projects One Approach . Institute a new Approval Process . Multi-family and commercial projects . Create with assistance from the - Development and Design Communities Community and Resident Organizations - Business Community Objectives . Engage Citizen's and Developers early in the process . Alternative to Prescriptive Codes . Encourage Better Design . Responsiveness to a Site's Context . Provide Flexibility in the Application of Development Standards Standards . Broad Vision for Tustin . City Wide Guidelines . Neighborhood Plans . Neighborhood Design Guidelines focused on cultural, architectural or historically significant features . Holistic Comprehensive Approach Who . Planning Commission or Independent Board . Typical Members - Architect or Design Professional - Developer - Neighborhood Representative - Business Leader - Community Representative Process . Open Meetings . Staffed by Community Development . Concept Plans . Review Based on - Neighborhood plans & guidelines - Adjoining properties & development proposals - Community and Resident Reaction Other possible variations . Height . Density City Council Special Meeting Minutes June 16, 2006 Page 7 of 9 . Workforce Housing . Off Street Parking . Open Space Approval and Appeals . Project Approval by Board . Board Decisions Binding . Appeals limited to process not decisions Next Steps . Planning Division - Submission of detailed drawings - Final Design Review and Approval . Building Division - Building Permit Issued A Better Tustin Community Development Corporation (COG) . What is a community development corporation? Community development is the economic, physical, and social revitalization of a community, led by the people who live in or have a stake in that community. . Community development emerged as a field about forty years ago, as a grassroots movement to improve the quality of life for residents. . What is its mission? . Improve the economy of a community . Enhance the physical nature of the neighborhood . Strengthen the social bonds among the people in the neighborhood . 3600 CDC's actively operating in the US - Successes: . Job creation . Housing . Commercial/Retail space . Businesses started . Financing provided . Social Services . Leverage Investment 550,000 permanent positions 1,500,000 units 100,000,000 square feet 17,500 $10,000,000,000 150,000 clients annually 10 - 40 times investment . Organization structure: 501 (c)(3) Internal Revenue Service designation as a private tax exempt corporation - 7 member board of directors . Tustin Residents . Experienced Professionals . Stakeholders - Designate a Target area . Mission: - Community revitalization . Workforce / Affordable housing development (& management) . Homebuyer/owner counseling and training City Council Special Meeting Minutes June 16, 2006 Page 8 of 9 . Neighborhood / community planning . Commercial/retail development . Job training . Social services provision . Day Care - adult and childcare . Community development financial institution . Health care provision . Business development . Initial Staffing: Executive Director . Administration / Organization . Fund development . Relationship Builder . Financial & Fiscal Management - Project Manager . Project Planning . Production Management . Project evaluation Office Assistant In conclusion, a CDC would: . Stabilize and Revitalize Neighborhoods . Articulate the Community's Vision for Redevelopment . Improve Government Effectiveness ADJOURNED -10:36 a.m. City Council Special Meeting Minutes June 16, 2006 Page 9 of 9 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JUNE 19, Z006 CALL TO ORDER - 5:32 P.M. ATTENDANCE Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen; Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima Absent: None City Clerk: Maria Huizar, Chief Deputy Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney PUBLIC INPUT - None PRESENTATION - Tustin Police Department's Transition to Community Governance by Police Chief Scott Jordan Strategic Plan: Three Committees: . The Transition to Community Governance . Reinventing the Organization . Employees - The Department's Most Valuable Resource Community Governance: The Next Level of Community Policing . "Community Oriented Policing" - 1970's . "C.O.P.P.S." -1990's . "Community Governance" - 2000's Community Oriented Policing of the 1970's . Result of crime, violence and racial activism of the 1960's . Intended to end decades of police isolation . Community relations / education based . Community asked to be the "eyes and ears" of the police . Mission remained narrow - crime fighting C.O.P.P.S. of the 1990's . Result of studies of the 1980's . Three primary discoveries 1. Random patrol, rapid response and investigations of crime did not necessarily reduce crime or community fear 2. The police and community members were not necessarily concerned about the same issues 3. Quality, face-to-face contact between the police and community members made the police feel better about their jobs and the community members feel safer City Council Special Meeting Minutes June 19, 2006 Page 1 of 3 . Result was a shift towards "Community Oriented Policing and Problem Solving" 1. Broadened police mission beyond crime control: improve quality of life, increase satisfaction with police services 2. Encouraged the police to pursue creative solutions to a myriad of community problems, including crime, the fear of crime, disorder, and neighborhood decay 3. "Broken Windows" theory 4. Goal was for the police to have sustained contact with law abiding citizens, so that in partnership, they explore creative solutions to community problems Community Governance of the 2000's . Capitalize on the successes of Community Oriented Policing and Problem Solving . Overcome the short-comings 1. Police-driven, not necessarily city-driven 2. Police seeking resources from other departments 3. Police taking all the credit for successes 4. Revenue shifts/cuts affected other departments, and not necessarily the police department 5. Police portion of general fund increased significantly Police Department Percentage of City's General Fund . FY 1989-90 33.5% . FY 1999-00 38.1 % . FY 2004-05 45.5% What is Community Governance? . The next level of Community Policing . Joint city-wide endeavor instead of just a police model . Extends beyond crime control . Addresses a myriad of community needs including crime, the fear of crime, disorder, and neighborhood decay . Goal is to increase citizen satisfaction with all city services, not just police services . Use of area commands, making community policing a philosophy, not a program . Use of technology and special enforcement units to address the anticipated increase in crime Mission Statement The Tustin Police Department is committed to a policing model of Community Governance. To that end, the mission is to work in partnership with other city departments, the residential and business community, and other governmental and non-profit agencies to reduce crime, provide a sense of safety and security, and to improve the quality of life for those who visit, live, and work in the City of Tustin. Organizational Changes . Reorganization to create a Community Policing Division 1. Ensure Community Policing is a philosophy, not a program 2. Place enforcement units in the same division as patrol . Transition to an Area Command system - North and South 1. Lieutenants as mini "Chiefs of Police" City Council Special Meeting Minutes June 19, 2006 Page 2 of 3 2. Sergeants as both watch and field commanders 3. Expand the role of the officer 4. Area goals and objectives 5. New patrol scheduling system . Create Community Impact Officer positions . Create a Special Enforcement Detail . Create a Crime Analysis Unit Beyond the Police Department . Chief's Forum . Community Policing Forum . Neighborhood Improvement Task Force . Block Captain Network 1. Neighborhood Advisory Groups 2. Beyond traditional neighborhood watch Budget Implications . Reallocation of sworn positions 1. Management position cuts - one captain and one lieutenant 2. Administrative positions cuts - two officers 3. Add four sergeant positions 4. Move sworn fleet coordinator position to the field 5. Sworn labor savings of $14,000 annually . Total 94 sworn . Add three civilian positions 1. Civilianize Fleet Coordinator 2. Add a second Crime Prevention PSO 3. Create a PSO Supervisor position 4. Add one Crime Analyst position 5. Eliminate one Police Support Specialist position . Total 50 civilian . Total Cost - $250,000 . Funding Sources 1. Sworn labor savings - $14,000 2. SLESF Grant - $98,000 3. VLF savings - $29,000 4. Vehicle vendor savings - $24,000 5. General Fund - $85,000 ADJOURNED - 6:25 P.M. City Council Special Meeting Minutes June 19, 2006 Page 3 of 3 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JUNE 19,2006 CALL TO ORDER - 7:07 P.M. INVOCATION - Father Anh Nguyen, S1. Cecilia's Church PLEDGE OF ALLEGIANCE - Councilmember Amante ROLL CALL Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen; Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima Absent: None City Clerk: Pamela Stoker Others Present: 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 Sohool --+ Angela Molina of Tustin High School ) Max Poling of Foothill High Sohool --+ 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 California 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 City Council Meeting Minutes June 19, 2006 Page 1 of 11 . 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. 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. City Council Meeting Minutes June 19, 2006 Page 2 of 11 . Who administers the trades? . May trades occur every five years or only once? . Prohibits trades and transfers between sub regions, which contradict 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. In addition, 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 implemented at this time. FIRST PUBLIC INPUT . Patti Winter, a local realtor, indicated that some sub-developers throughout the state are charging an additional 1 to 1.25 percentage private transfer tax assigned to a charitable contribution account and disseminated by developer. She suggested that City review CC&R's for all our new development areas to avoid paying this additional tax by homeowners. . Bruce Welch, Business Development Manager for Tomra Pacific spoke regarding requirements for operating a recycling center in Tustin. 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. City Council Meeling Minutes June 19, 2006 Page 3 of 11 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 Councilmember 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 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. City Council Meeting Minutes June 19, 2006 Page 4 of 11 Applicant: City of Tustin Community Development Department Presentation of staff report by Senior Planner Scott Reekstin. Background --7 Seven self-storage facilities in Tustin. --7 Existing facilities total 415,000 SF. --7 A new facility and a facility expansion were approved in 2005 that total 364,000 SF. --7 Total Tustin supply will be 779,000 SF. --7 Tustin supply: -10 SF/person. --7 County supply: -3.3 SF/person. General Plan Conflicts --7 Over-concentration conflicts with Tustin General Plan. o Land Use Element Goal 1 . Well balanced land use pattern o Land Use Element Policy 1.6 . Adequate supply of commercial and industrial land o Land Use Element Policy 7.1 . Broaden City's tax base Urgency Ordinance --7 City Council adopted Urgency Ordinance 1300 on August 15, 2005, which implemented temporary moratorium. --7 Ordinance 1303 extended Ordinance 1300 on September 19, 2005. --7 Ordinance 1303 expires on August 15, 2006, unless extended for additional year. Steps Taken --7 Survey of Tustin storage capacity. --7 Survey of Orange County cities' requirements for storage facilities. --7 Collected ordinances and code sections. --7 Analyzed acreage of land for self-storage in Tustin. --7 Mapped the locations of Tustin storage facilities. Proposed Ordinance --7 Would remove "self-storage mini warehouses" as a permitted use in the industrial (M) Zoning District and in the Irvine Industrial Complex Planned Communities. --7 New or expanded commercial self-storage facilities/self-storage mini warehouses would no longer be permitted nor conditionally permitted in the City of Tustin. --7 Existing legally established self-storage facilities in the City could continue to operate. --7 Facilities that have received entitlements may be established. --7 Facilities not categorized as commercial self-storage facilities or self-storage City Council Meeting Minutes June 19, 2006 Page 5 of 11 mini warehouses are not subject to Ordinance No. 1313. 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 Tem 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. CONSENT CALENDAR ITEMS - It was moved by Mayor Pro Tem 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 Councilor 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 City Council Meeting Minutes June 19, 2006 Page 6 of 11 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 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 City Council Meeting Minutes June 19, 2006 Page 7 of 11 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 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 City Council Meeting Minutes June 19, 2006 Page 8 of 11 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. 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 ITEMS 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. City Council Meeting Minutes June 19, 2006 Page 9 of 11 Council discussion ensued. Mayor Pro Tem Hagen - pending issues are: providing Public Education Government Channels and ubiquitous service by any provider. Council member Bone - would like City to have right-of-way control and regulate cabinet boxes throughout the City. Mayor Davert - inclined to finalize agreement with AT&T, concerned about fairness with cable companies, agrees that all 3 companies (AT&T, Comcast & Cox) need to agree on a proposal that is fair to all. Councilmember Kawashima - open competition would better serve residents. Council member Amante - favors open competitive market, city to keep control over public right-of-ways. Motion: Finalize negotiations with AT&T, insure that agreement language is also fundamentally fair to Comcast and Cox, and bring back to Council for approval. 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 Council member Bone, to waive attorney/client privilege on a specific document. Motion carried 3-2 (Hagen and Kawashima 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. Council member Bone: City Council Meeting Minutes June 19, 2006 Page 10 of 11 . 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 California 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 Minutes June 19, 2006 Page 11 of 11