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Home My WebLink About06 CC Action AgendaReport to the Planning Commission DATE: MAY 8, 2007 SUBJECT: CITY COUNCIL ACTION AGENDA MAY 1, 2007 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT: CITY COUNCIL ACTION AGENDA MAY 1, 2007 ITEM #6 Gs� ACTION AGENDA OF THE SPECIAL MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA MAY 1, 2007 CALL TO ORDER — 4:30 P.M ATTENDANCE Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers Doug Davert, Tony Kawashima, and Jim Palmer Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and David Kendig, Assistant City Attorney PUBLIC INPUT — None REGULAR BUSINESS INTERVIEW AND APPOINT NINE (9) MEMBERS TOTAL TO THE PLANNING, COMMUNITY SERVICES, AND AUDIT COMMISSIONS The City Council will conduct interviews and appoint three (3) members to the Planning Commission; three (3) members to the Community Services Commission; and three (3) members to the Audit Commission. Vacancies are due to term expirations. All commission terms will have an expiration date of March 1, 2009. Motion: Conduct interviews and appoint members to the various commission vacancies. Audit Commission applicants Richard Hilde*; Teddy Sanchez; Thomas Stroud*; and Walt Sullens* Ballots were cast by Council to fill three (3) two-year terms on the Audit Commission. By unanimous consent re -appointed incumbents Richard Hilde; Thomas Stroud; and Walt Sullens to the Audit Commission for terms expiring March 1, 2009. City Council Meeting May 1, 2007 Action Agenda Page 1 of 11 Community Services Commission applicants Kimberly P. Albarian*; Susan Dobak; Clara Eisenman; Jamie Evanoff; Vern Glaser*; Rebecca Gomez; Kim Leason; Jim Lee; Mathew Miller; Adrian Morton; and Al Murray * Ballots were cast by Council to fill three (3) two-year terms on the Community Services Commission, as follows: Amante: Albarian, Glaser, Leason Bone: Albarian, Glaser, Leason Davert: Albarian, Glaser, Leason Kawashima: Albarian, Gomez, Murray Palmer Albarian, Glaser, Leason Pamela Stoker, City Clerk, reported the ballot tally as follows: Albarian (5 votes); Glaser (4 votes) and Leason (4 votes). By unanimous consent re -appointed Kimberly Albarian and by majority consent re -appointed Vern Glaser and appointed Kim Leason to the Community Services Commission for terms expiring March 1, 2009. Planning Commission applicants Jamie Evanoff; John Nielsen*; Steve Kozak*; Jim Lee*; Monica Morgan; Al Murray; John Parker; and Teddy Sanchez Ballots were cast by Council to fill three (3) two-year terms on the Planning Commission, as follows: Amante: Nielsen, Kozak, Murray Bone: Nielsen, Kozak, Murray Davert: Nielsen, Kozak, Murray Kawashima: Evanoff, Kozak, Murray Palmer Nielsen, Kozak, Murray Pamela Stoker, City Clerk, reported the ballot tally as follows: Nielsen (4 votes); Kozak (5 votes); Murray (5 votes); and Evanoff (1 vote). By unanimous consent re- appointed Steve Kozak and majority consent re -appointed John Nielsen and appointment of Al Murray to the Planning Commission for full -terms expiring March 1, 2009. ADJOURNMENT — 5:17 p.m. City Council Meeting May 1, 2007 Action Agenda Page 2 of 11 ACTION AGENDA OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA MAY 1, 2007 CALL TO ORDER — 5:30 P.M ATTENDANCE Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers Doug Davert, Tony Kawashima, and Jim Palmer Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and David Kendig, Assistant City Attorney PUBLIC INPUT — None CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 (b) — 2 Cases B. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF LITIGATION pursuant to Government Code Section 54956.9 (c) — 2 Cases C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Property defined within the Master Developer footprint at Tustin Legacy (the former Marine Corps Air Station Tustin) including Reuse Plan Disposal Parcels 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, 25, 26, 27, 28, 29, 30, 31 and portions of Reuse Plan Disposal Parcel 40. City Negotiators: Christine Shingleton, Assistant City Manager Negotiators for Tustin Legacy Community Partners: Simon Whitmey Under Negotiation: Terms and Conditions of Acquisition City Council Meeting May 1, 2007 Action Agenda Page 3 of 11 RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 6:58 p.m. City Council reconvened in public session. PUBLIC MEETING CALL TO ORDER — 7:00 p.m. INVOCATION — Khoi Phan, St. Cecilia's Church PLEDGE OF ALLEGIANCE — Councilmember Jim Palmer ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers Doug Davert, Tony Kawashima, and Jim Palmer Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and David Kendig, Assistant City Attorney CLOSED SESSION REPORT — Nothing to report. PRESENTATION • Check Presentation by Glenn Kashima of Tustin Toyota in the amount of $10,000 for the Library Expansion Project PUBLIC HEARING 1. CONTINUE PUBLIC HEARING: DEVELOPMENT AGREEMENT 06-002 Development Agreement (DA) 06-002 is proposed by Tustin Legacy Community Partners, LLC. (the developer), a Delaware limited liability company. The purpose of DA 06-002 is to give the developer certain assurance that in return for Developer's commitment to the comprehensive planning for the Property that is contained in the Disposition and Development Agreement (DDA) and the Specific Plan, the City will in turn remain committed to the DDA and the Specific Plan. (Applicant: Tustin Legacy Community Partners, LLC.) Motion: It was moved by Councilmember Davert, seconded by Mayor Pro City Council Meeting May 1, 2007 Action Agenda Page 4 of 11 Tem Amante, to Continue consideration of DA 06-002 to the June 5, 2007, City Council meeting. Motion carried 5-0. FIRST PUBLIC INPUT — Bob Way representing Feedback Foundation spoke on consolidation with Senior Meals and the increasing demands of services CONSENT CALENDAR ITEMS - It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amate, to approve balance of Consent Calendar items. Motion carried 5-0. 2. APPROVAL OF MINUTES — REGULAR MEETING OF APRIL 17, 2007 Motion: Approve the Minutes of the Regular City Council Meeting held April 17, 2007. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $2,390,948.82 and $1,002,332.33; and Payroll in the amount of $674,963.20. 4. PLANNING ACTION AGENDA - APRIL 23, 2007 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 April 23, 2007. 5. DECLARATION OF SURPLUS PROPERTY — FINANCE DEPARTMENT The City has accumulated a large quantity of obsolete and/or damaged computer and other equipment. The listed equipment is no longer suitable or required for public use. Motion: 5.a. Declare the listed equipment surplus and not required for public use; and 5.b. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. 6. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR THE City Council Meeting May 1, 2007 Action Agenda Page 5 of 11 PREPARATION OF A RISK MANAGEMENT PLAN (RMP) UPDATE Prepare and update the City's Risk Management Program (RMP) Program 2 Prevention Program for all City water treatment/production facilities. Motion: Approve the Consultant Services Agreement with Tracer Environmental Sciences and Technologies, Inc., to prepare a Risk Management Program (RMP) Update for the not to exceed amount of $15,160.00 and authorize the Public Works Director and City Clerk to execute the Agreement on behalf of the City subject to approval by the City Attorney. 7. SET A PUBLIC HEARING TO CONSIDER THE LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2007-2008 The City Council, at their meeting of February 5, 2007, adopted Resolution No. 07-17, which ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. Staff is requesting the City Council set a public hearing on June 5, 2007 at 7:00 p.m. to consider the annual levy of assessments of the District. The Engineer's Report has now been completed and consideration of the following actions is now appropriate: Motion: Adopt resolutions. RESOLUTION NO. 07-41 - A resolution of the City Council of the City of Tustin, California approving the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2007-2008 RESOLUTION NO. 07-42 - A resolution of the City Council of the City of Tustin, California declaring its intention to provide for an annual levy of assessment for Fiscal Year 2007-2008 for the improvement, maintenance and servicing of public landscaping and lighting facilities in the Tustin Ranch Area within the boundaries of the Tustin Landscape and Lighting District and to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972 and Proposition 218 and giving notice thereof 8. SET A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF SOLID WASTE RATES AND PLACING RESIDENTIAL SOLID WASTE RATES ON THE FY 2007-2008 COUNTY PROPERTY TAX ROLL Pursuant to Proposition 218, a public protest hearing is required to set solid waste rates. Staff is requesting the City Council set a public hearing on June City Council Meeting May 1, 2007 Action Agenda Page 6 of 11 19, 2007 at 7:00 p.m. to consider the residential and commercial rate adjustments and placement of the residential fees on the FY 2007-2008 property tax roll. Motion: Set a public hearing for June 19, 2007 at 7:00 p.m. to consider rate adjustments for FY 07/08 and to place the residential solid waste fees on the County's Assessor's Tax Roll. 9. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF JAMES PEERY Motion: Adopt resolution. RESOLUTION NO. 07-43 - A resolution of the City Council of the City of Tustin, California finding that James Peery, a local safety member, is industrially disabled from his duties as a Police Lieutenant REGULAR BUSINESS ITEMS 10. ORDINANCE SECOND READING PUBLIC SAFETY RADIO COMMUNICATION SYSTEM) - ORDINANCE NO. 1337: IN -BUILDING SYSTEM COVERAGE (800 MHz Existing and new development of large commercial, industrial, and residential buildings in the City of Tustin has significantly reduced the capability of the Tustin Police Department and the Orange County Fire Authority to communicate with their field personnel on the radio system since the County of Orange converted its public safety radio systems to the 800 MHz Countywide Coordinated Communications System. This condition is exacerbated in subterranean and dense structures. The proposed new sections for the City of Tustin City Code will require builders, owners, and developers of non -exempted new and planned construction of dense buildings and subterranean structures to field radio test and to install in - building coverage systems in areas of those buildings that impede effective public safety radio communications. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to have second reading by title only and adoption of Ordinance No. 1337 (roll call vote). ORDINANCE NO. 1337 - An ordinance of the City Council of the City of Tustin, California, creating Tustin City Code Sections 8950-8958 et seq. regarding In -Building Public Safety Radio System Coverage Motion carried 5-0. City Council Meeting May 1, 2007 Action Agenda Page 7 of 11 11. ORDINANCE SECOND READING - ORDINANCE NO. 1332: CODE AMENDMENT 07-001 - PLANNING COMMISSION/HISTORIC RESOURCE COMMITTEE CONSOLIDATION Code Amendment 06-005 consists of proposed amendments to Tustin City Code Section 9252c related to assigning cultural and historic resources responsibilities to the Planning Commission. After consideration of this matter on January 15 and February 20, 2007, the Council directed staff to: return with a recommendation on realignment of commission/committee responsibilities and an ordinance removing term limits for these bodies; and, initiated and referred draft Ordinance No. 1332 (Planning Commission/Historic Resource Committee Consolidation) to the Planning Commission for consideration. On March 13, 2007, the Planning Commission adopted Resolution No. 4057 recommending that the City Council adopt Code Amendment No. 07-001. This item was scheduled for consideration by the Council at its meeting of March 20, 2007 and continued for 30 days to solicit input from stakeholders. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to have second reading by title only and adoption of Ordinance No. 1332 (roll call vote). ORDINANCE NO. 1332 - An ordinance of the City of Tustin, California, amending Section 9252 c and associated sections of the Tustin City Code related to assigning cultural and historic resources responsibilities to the Planning Commission Motion carried 4-1 (Kawashima opposed). 12. CONTINUE ITEM - MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE 07-001) At the meeting of April 3, 2007, the City Council made inquiries regarding the proposed Specific Plan Amendment. At the April 17, 2007 City Council meeting, staff provided a briefing on the matter and requested City Council direction. After discussion of the item, the City Council decided to continue the item for two (2) weeks or when feasible. Staff is currently in discussion with the master developer and is hoping to have resolution in the near future. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to continue Zone Change 07-001 to the May 15, 2007, City Council meeting. Motion carried 5-0. 13. ESTABLISH A COMMUNITY FACILITIES DISTRICT AND AUTHORIZE THE LEVY OF SPECIAL TAXES, AND INCUR BONDED INDEBTEDNESS OF City Council Meeting May 1, 2007 Action Agenda Page 8 of 11 THE PROPOSED CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 07-1 A petition to form a Community Facilities District has been sent to the City by Vestar/Kimco Tustin, L.P. for the area generally known as The District at Tustin Legacy. The items for approval are the initial documents which respond to the Developer's petition and to direct staff to proceed with the creation of the district, establish the rate and method of the special tax apportionment, incur debt, and approve the selection of various Consultants. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to 13.a. Accept the Petition to Create a Community Facilities District sent by Costco Wholesale Corporation, Lowe's HIW, Inc., and Vestar/Kimco Tustin, L.P.; 13.b. Adopt resolutions; RESOLUTION NO. 07-35 - A resolution of the City Council of the City of Tustin of intention to establish a Community Facilities District and to authorize the levy of special taxes RESOLUTION NO. 07-36 - A resolution of the City Council of the City of Tustin to incur bonded indebtedness of the proposed City of Tustin Community Facilities District No. 07-1 (Tustin Legacy/Retail Center) 13.c. Authorize the City Manager or the Finance Director to sign the Deposit and Reimbursement Agreement between the City of Tustin and Vestar/Kimco Tustin, L.P.; and 13.d. Authorize the selection of various Consultants for the Community Facilities District financing as recommended by staff. Motion carried 5-0. 14. AWARD OF SOLID WASTE CONTRACT TO CR&R INCORPORATED The City Council Subcommittee and staff have reviewed all proposals received from solid waste haulers in response to the City's Request for Proposal for the Collection, Transportation and Disposal of Municipal Solid Waste and the Collection, Transportation, Processing and Diversion of Recyclable Materials, Yardwaste and other Materials. After a thorough evaluation process and based upon the completeness of their response, experience with similar municipalities and proposed rates, the subcommittee and staff are recommending that the City Council award the contract to CR&R Incorporated. City Council Meeting May 1, 2007 Action Agenda Page 9 of 11 Presentation by Joe Meyers, Public Works Administrative Services Manager and William O'Toole of Economics, Inc. Council discussion ensued. Noted that the proposal evaluation process' final step was the review of the financial reports to avoid any biases early in the review process. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to award the City's Solid Waste Franchise to CR&R Incorporated for a seven (7) year contract with an option for three, one-year extensions and authorize the Mayor and City Clerk to execute the contract. Motion carried 5-0. 15. CITY COUNCIL — LEGISLATIVE REPORTS The following legislative items to be discussed by the City Council: • AB411: Group Homes (Emmerson) It was moved by Mayor Pro Tem Amante, seconded by Councilmember Davert, to submit letter of support. Motion carried 5-0. • SB 964: Brown Act modifications (Romero) It was moved by Mayor Pro Tem Amante, seconded by Councilmember Davert, to submit letter of opposition. Motion carried 5-0. Mayor Bone requested a review of the following Bill: • SB1016 and SB1012 regarding Solid Waste Diversion Program SECOND PUBLIC INPUT — None OTHER BUSINESS AND COMMITTEE REPORTS Councilmember Kawashima: • Thanked Glen Kashima of Tustin Toyota for generous donation to Library Expansion Project; and • Development at Tustin Legacy creating hundreds of new jobs. Councilmember Davert: • Congratulated newly appointed and re -appointed commissioners; and • Wished all mothers a Happy Mother's Day. Mayor Pro Tem Amante: City Council Meeting May 1, 2007 Action Agenda Page 10 of 11 • Echoed Councilmember's Davert sentiments on commission appointments; • Orange County Transportation Authority report: panel appointed by State Governor to review negotiation issues and threat of strike by coach drivers; • Attended Strategic Planning session for Orange County League of Cities, Board of Directors analyzing future leaders; and • Southern California Association of Governments (SCAG) report on Regional Housing Needs Assessment (RHNA) approved appeal, reduced by 985 units, thanked staff and council for advocacy efforts. Mayor Bone: • Thanked staff and Mayor Pro Tem Amante for presentation to SCAG; • Metrolink public hearing postponed to May 11th, will consider rate increases, • Will be participating in OCTA Quiet Zone Board; • Requested that all commission meetings be televised starting in July; • June 3rd Street Fair/Chili Cook -Off and City's 80th Birthday celebration; and • Special Meeting scheduled for Monday, May 7th at 4 p.m. ADJOURNED— 7:58 p.m. — Regular meeting of the City Council is scheduled for Tuesday, May 15, 2007 in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting May 1, 2007 Action Agenda Page 11 of 11 ACTION AGENDA OF THE REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY TUSTIN, CALIFORNIA MAY 11 2007 CALL TO ORDER — 7:58 P.M ATTENDANCE Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; and Councilmembers Doug Davert, Tony Kawashima, and Jim Palmer Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and David Kendig, Assistant City Attorney PUBLIC INPUT — None REGULAR BUSINESS ITEMS APPROVAL OF MINUTES - REGULAR MEETING OF APRIL 17, 2007 Motion: It was moved by Agency Member Davert, seconded by Chair Pro Tem Amante, to approve the Redevelopment Agency Minutes of April 17, 2007 as recommended by staff. Motion carried 5-0. 2. SALE OF RESTRICTED AFFORDABLE HOUSING UNIT: 14870 DANCY COURT IN TUSTIN GROVE Motion: It was moved by Agency Member Davert, seconded by Chair Pro Tem Amante, to: 2.a. Authorize the City Manager and/or Assistant City Manager to have the Agency exercise its Purchase Option at 14870 Dancy Court in Tustin Grove and authorize the Agency staff to buy the unit directly from the seller based on the formula contained in the Purchase Option, including authorization to market, and resell the unit and impose new affordability restrictions on any new purchaser, as recommended by the City Attorney. The action includes authorization for the City Manager and/or Assistant City Manager to execute any necessary documents and to take all actions necessary including the execution of all related documents and instruments. Community Redevelopment Agency Meeting May 1, 2007 Action Agenda Page 1 of 2 2.b. Appropriate $280,000 from un -appropriated fund balances in the South Central Housing Set -Aside Fund for marketing and acquisition expenses. Motion carried 5-0. ADJOURNED— 7:59 P.M. - The next regular meeting is scheduled for Tuesday, May 15, 2007 at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California Community Redevelopment Agency Meeting May 1, 2007 Action Agenda Page 2 of 2