HomeMy WebLinkAbout00 CC AGENDA 2-19-08
CITY OF TUSTIN FEBRUARY 19, 2008
REGULAR MEETING OF THE COUNCIL CHAMBER
#2182
CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
Doug Davert, Mayor Pro Tem William A. Huston, City Manager
Lou Bone, Councilmember Douglas Holland, City Attorney
Tony Kawashima, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk
Jim Palmer, Councilmember George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 p.m.
The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The
following item was received for the February 19, 2008
meeting of the City Council. (Agenda Item A)
CALL TO ORDER
– Meeting #2182
ATTENDANCE
PUBLIC INPUT
– Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION pursuant
to Government Code Section 54956.9(b)(E) – One(1) case
PUBLIC MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2182
INVOCATION – Father John Block, St. Cecilia’s Church
PLEDGE OF ALLEGIANCE – Councilmember Bone
City Council Meeting February 19, 2008
Agenda Page 1 of 8
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney
PRESENTATIONS
Certificates of Recognition presented by Mayor Amante to Arroyo Elementary and
Tustin Memorial Academy for being recognized by the U. S. Department of Education
as 2007 No Child Left Behind (NCLB) – Blue Ribbon Schools. Schools receiving this
honor are considered national models of excellence.
Certificate of Recognition presented by Planning Commission Chair John Nielsen and
Mayor Jerry Amante to Audrey Heredia of The McCharles House at 335 South C
Street, Tustin for Outstanding Old Town Property
ORAL COMMUNICATION / PUBLIC INPUT – At this time, any member of the public may
address the City Council on matters which are listed on this agenda or under the jurisdiction
of the City Council.
CONSENT CALENDAR ITEMS
All matters listed under the Consent Calendar are considered
to be routine by the City Council and will be enacted by one
motion without discussion. Persons wishing to speak
regarding Consent Calendar matters should file a “Request to
Speak” form with the City Clerk. (Agenda Items 1 through 15)
1. APPROVAL OF MINUTES – REGULAR MEETING OF FEBRUARY 5, 2008
Recommendation: Approve the Regular City Council Meeting Minutes of February
5, 2008.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $688,012.24 and
$264,464.37; and Payroll in the amount of $672,077.63.
3. TUSTIN RESPONSE TO NOP FOR IRVINE'S 16752 ARMSTRONG PROJECT
City Council authorization is requested for the City of Tustin's response to the
subject Notice of Preparation (NOP) for a draft Environmental Impact Report
City Council Meeting February 19, 2008
Agenda Page 2 of 8
(DEIR) for a Master Plan and Transfer of Development Rights for a proposed
development consisting of 133,250 square feet of administrative offices on 6.43
acres in the Irvine Business Complex ("IBC") located at 16752 Armstrong Avenue.
Recommendation: Authorize staff to forward the attached response letter to the
City of Irvine.
4. PLANNING ACTION AGENDA – FEBRUARY 12, 2008
All actions of the Planning Commission become final unless appealed by the City
Council or members of the public.
Recommendation: Ratify the Planning Commission Action Agenda of February 12,
2008.
5. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR
ARCHITECTURAL AND NEEDS ASSESSMENT SERVICES FOR BUILDING C-
4 AND BUILDING 93 LOCATED ON THE FUTURE TUSTIN LEGACY 25 ACRE
COMMUNITY PARK SITE
Approval of an agreement to conduct a thorough assessment of the existing
Officer's Club, Building C4 at the Tustin Legacy 25 Acre Park Site, and provide a
written recommendation on whether a renovation or replacement alternative
would be more appropriate for the site based upon numerous criteria, including
the potential use of the building as a community center, the building's existing
condition, and rehabilitation requirements and estimated costs. Additionally, the
consultant will provide a Needs Assessment for the adjacent Building 93.
Recommendation: Authorize the Mayor and City Clerk to execute a Consultant
Services Agreement with the firm of Dougherty and Dougherty, LLP for the
Building C-4 Architectural Assessment and the Building 93 Needs Assessment in
an amount not to exceed $87,500.
6. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR TUSTIN AREA SENIOR CENTER KITCHEN
RENOVATION (CIP NO. 1047)
The scope of work includes the renovation of the 725 square foot nineteen-year-
old kitchen at the Tustin Area Senior Center. Improvements include: new kitchen
equipment, repair to existing structure, cabinets, counter-tops, electrical,
mechanical, and plumbing.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-17 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN CALIFORNIA APPROVING PLANS AND
City Council Meeting February 19, 2008
Agenda Page 3 of 8
SPECIFICATIONS FOR THE TUSTIN AREA SENIOR CENTER
KITCHEN RENOVATION PROJECT (CIP NO. 1047); AND
AUTHORIZING ADVERTISEMENT FOR BIDS
7. UPDATE ON THE CITY'S PROTECTED/PERMISSIVE LEFT TURN TRAFFIC
SIGNAL PHASING OPERATIONS
As part of the City's on-going monitoring program related to protected/permissive
left turn (PPLT) traffic signal phasing operations, a comprehensive study has
been prepared for the nine existing intersection locations where PPLT traffic
signal phasing operations are in effect. Based upon the results of the study, it is
recommended that the PPLT phasing operation be retained at seven (7)
intersections, and that at two (2) of the intersections the traffic signals be
converted to a protected left turn phasing operation.
Recommendations:
7.a. The existing protected/permissive left turn traffic signal phasing operations
at the following seven (7) intersections be retained:
- EI Camino Real at Tustin Ranch Road
- EI Camino Real at Auto Center Drive
- EI Camino Real at Myford Road
- First Street at Pacific Street/Yorba Street
- Newport Avenue at Sixth Street/Walnut Street
- Walnut Avenue at Franklin Avenue
- Pioneer Road at Pioneer Way
7.b. It is also recommended that the existing protected/permissive left turn
traffic signal phasing operation be converted to a fully protected left turn
phasing operation at the following two (2) intersections:
- Red Hill Avenue at Walnut Avenue
- Newport Avenue at Walnut Avenue
8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS
FOR PARCEL MAP NO. 2005-175 (NEWPORT MEDICAL PARTNERS, LLC)
All public improvements associated with Parcel Map No. 2005-175 have been
completed. The Public Works Department is now recommending acceptance of
the public improvements and release of the public improvement bonds.
Recommendation: Accept the public improvements and release the following
bonds in the indicated amounts:
Faithful Performance Bond Bond No. SU5018759 $37,500.00
Labor and Material Bond Bond No. SU5018759 $19,000.00
City Council Meeting February 19, 2008
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9. SUBMITTAL OF CITY OF TUSTIN APPLICATIONS FOR ORANGE COUNTY
COMBINED TRANSPORTATION FUNDING PROGRAMS, FISCAL YEARS
2008/2009 THROUGH 2010/2011
Resolution will approve the submittal of City applications for the Orange County
Combined Transportation Funding Programs (CTFP). The Orange County
Transportation Authority (OCTA) requires Council approval as part of the
application process.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-13 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA APPROVING THE SUBMITTAL OF
APPLICATIONS FOR CERTAIN IMPROVEMENT PROJECTS TO THE
ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING
UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAMS
FOR FISCAL YEARS 2008/2009 THROUGH 2010/2011
10. CONSULTANT SERVICES AGREEMENT FOR CONSTRUCTION
MANAGEMENT SERVICES ON THE CITRUS RANCH PARK PROJECT (CIP
NO. 2046)
The agreement will provide construction management services to oversee the
construction of the Citrus Ranch Park Project (CIP No. 2046) and will include the
following on-site personnel: Construction Manager/ Resident Engineer; Assistant
Construction Manager/Administrative Support; and Project Inspector.
Additionally, the Agreement will provide for supplemental construction survey
services.
Recommendation: Approve a Consultant Services Agreement with the firm of
Willdan to provide construction management services for the Citrus Ranch Park
Project (CIP No. 2046) in the not to exceed amount of $460,000 subject to City
Attorney approval, and authorize the Mayor and City Clerk to execute the
Agreement on behalf of the City.
11. SET A PUBLIC HEARING FOR APRIL 1, 2008 TO CONSIDER APPROVAL OF
THE CITY'S HAZARD MITIGATION PLAN
Federal law requires the City to prepare a Hazard Mitigation Plan in order to
remain eligible for federal pre and post-disaster mitigation funds. Staff has
completed the draft Hazard Mitigation Plan which must be approved at a public
hearing. Staff is requesting the City Council set the public hearing for April 1,
2008.
Recommendation: Set a public hearing for April 1, 2008 to consider adoption of
City Council Meeting February 19, 2008
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the City's Hazard Mitigation Plan.
12. APPROVAL OF A CONSULTANT SERVICES AGREEMENT WITH
ECONOMICS, INC. TO PREPARE THE 2006 SOLID WASTE DIVERSION
STUDY FOR SUBMISSION TO THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD
Each year the City submits a report to the California Integrated Waste
Management Board (CIWMB) demonstrating the solid waste diversion activities
occurring in the City. In order to more accurately measure City compliance with
the AB-939 diversion requirements, accurate Solid Waste Program data is
essential. Staff is recommending that the City Council approve a Consultant
Services Agreement with EcoNomics, Inc. in the amount of $43,480 to prepare
the 2006 Solid Waste Diversion Study.
Recommendation: Approve a Consultant Services Agreement with EcoNomics,
Inc. in the amount of $43,480 to prepare a Solid Waste Diversion Study for
submittal to the California Integrated Waste Management Board (CIWMB).
13. APPROVAL OF COOPERATIVE AGREEMENT NO. C-7-1195 BETWEEN THE
ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF
TUSTIN FOR EXPANSION OF PARKING CAPACITY AT THE TUSTIN
METROLINK STATION
The agreement would allow the OCTA to proceed with design and construction
of a 5-story, 825 space parking structure to serve the Metrolink Expansion
Program. Ownership, operation and maintenance of the train station will be
deferred to a later date pending further discussion with the OCTA and is not a
part of this agreement.
Recommendation: Approve Cooperative Agreement No. C-7-1195 with the
Orange County Transportation Agency (OCTA) for Expansion of Parking
Capacity at the Tustin Metrolink Station, and authorize the Mayor and City Clerk
to execute the document on behalf of the City.
14. LETTER CONSENTING TO SPECIAL COUNSEL’S REPRESENTATION OF
VARIOUS CLIENTS IN MATTERS THAT ARE DISTINCT AND SEPARATE
FROM THE INTERESTS OF THE CITY AT TUSTIN LEGACY
Special Counsel to the City, the law firm of Steefel, Levitt & Weiss, currently
provides legal services regarding unique real property transactional matters at
Tustin Legacy. Special Counsel has merged with the law firm of Manatt, Phelps
& Phillips, a firm that has an existing, ongoing relationship with certain clients in
matters unrelated to Tustin Legacy. These clients include Shea Properties,
AvalonBay Communities, Inc., Alton Associates, and Lennar Homes of
California, Inc. The City’s consent is required for Special Counsel to continue to
City Council Meeting February 19, 2008
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represent the City as well as the existing clients of Manatt, Phelps & Phillips.
Recommendation: Approval of a letter consenting to Manatt, Phelps & Phillips
(“Manatt”) as the successor law firm to Steefel, Levitt & Weiss, the City’s Special
Counsel, continuing representation of Shea Properties, Alton, AvalonBay, and
Lennar in certain matters unrelated to Manatt’s work for Tustin, and as of
February 1, 2008, Manatt’s simultaneous, yet separate, representation of Tustin.
15. DESTRUCTION OF RECORDS - REDEVELOPMENT AGENCY DEPARTMENT
Government Code Section 34090 and Resolution No. 01-91 permits destruction
of records which meet certain criteria with the approval of the City Council by
resolution and the written consent of the City Attorney.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-19 - 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 REDEVELOPMENT AGENCY DEPARTMENT
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
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 16 through 18)
16. OLD TOWN PARKING STUDY
City Council direction is requested regarding the parking alternatives discussed
within the Old Town Parking Study.
Recommendation: Provide direction to staff regarding the choice of alternatives
summarized in this report and fully discussed within the Old Town Parking Study
prepared by Katz, Okitsu and Associates.
17. FISCAL YEAR 2007-08 MID YEAR BUDGET REVIEW
FY 2007-08 Budget Review of the City's first six months of operation includes,
projected revenues and expenditures through the fiscal year end. The
recommendations made to the City Council will ensure that the budget be
City Council Meeting February 19, 2008
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balanced for the remainder of the fiscal year and the City Council's reserve
policy will be met.
Recommendation: Approve the following adjustments to the authorized FY 2007-
08 Budget:
a. Approve a supplemental appropriation of $80,000 from the
unappropriated reserves of the General Fund to add to the approved
budget of the City Attorney’s office to cover additional litigation expenses
for the fiscal year.
b. Approve a supplemental appropriation of $500,000 from the
unappropriated reserves of the General Fund to transfer to the Liability
Fund to bring the projected Fund Balance in line with our insurance JPA
established guidelines.
c. Approve a supplemental appropriation of $14,000 from the
unappropriated reserves of the General Fund to add to the approved
budget of the Human Resources department to provide for temporary
coverage in the department while two staff members are out on maternity
leave.
d. Approve a supplemental appropriation of $30,000 from the
unappropriated reserves of the General Fund to add to the approved
budget of various departments to provide for part time coverage in the
departments when we transition to open Fridays.
18. LEGISLATIVE REPORT
Recommendation: Pleasure of the City Council.
OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council
ADJOURNMENT – The next regular meeting of the City Council is scheduled for Tuesday,
March 4, 2008, at 5:30 p.m. for Closed Session and 7:00 p.m. in the
Council Chamber, 300 Centennial Way, Tustin, California.
City Council Meeting February 19, 2008
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