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HomeMy WebLinkAboutCC MINUTES 2006 06 19 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, St. Cecilia's Church PLEDGE OF ALLEGIANCE - Council member 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 School ~ Angela Molina of Tustin High School ) Max Poling of Foothill High Schoel ~ 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 Meeling 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 Meeting 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 Councilmember 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 --+ Seven self-storage facilities in Tustin. --+ Existing facilities total 415,000 SF. --+ A new facility and a facility expansion were approved in 2005 that total 364,000 SF. --+ Total Tustin supply will be 779,000 SF. --+ Tustin supply: -10 SF/person. --+ County supply: -3.3 SF/person. General Plan Conflicts --+ 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 --+ City Council adopted Urgency Ordinance 1300 on August 15, 2005, which implemented temporary moratorium. --+ Ordinance 1303 extended Ordinance 1300 on September 19, 2005. --+ Ordinance 1303 expires on August 15, 2006, unless extended for additional year. Steps Taken --+ Survey of Tustin storage capacity. --+ Survey of Orange County cities' requirements for storage facilities. --+ Collected ordinances and code sections. --+ Analyzed acreage of land for self-storage in Tustin. --+ Mapped the locations of Tustin storage facilities. Proposed Ordinance --+ 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. --+ Existing legally established self-storage facilities in the City could continue to operate. --+ Facilities that have received entitlements may be established. --+ 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 Councilmember 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 (Redhill) 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 Tern Hagen, seconded by Councilmember 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 $6,060.10; 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 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 SSC/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. Councilmember 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. Council member Kawashima - open competition would better serve residents. Councilmember 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 Councilmember Amante, seconded by Council member Bone, to waive attomey/c1ient 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 Council member 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. Council member 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 DOUG DAVERT Mayor PAMELA STOKER City Clerk City Council Meeting Minutes June 19, 2006 Page 11 of 11