HomeMy WebLinkAbout00 AGENDA 4-15-08CITY OF TUSTIN
REGULAR MEETING OF THE
CITY COUNCIL #2186
Doug Davert, Mayor Pro Tem
Lou Bone, Councilmember
Tony Kawashima, Councilmember
Jim Palmer, Councilmember
Jerry Amante, Mayor
APRIL 15, 2008
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
William A. Huston, City Manager
Douglas Holland, City Attorney
Pamela Stoker, City Clerk
George Jeffries, Ciry 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
items were received for the April 15, 2008 meeting of the City
Council. (Agenda Items A through F)
CALL TO ORDER -Meeting #2186
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 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 TLCP: Simon Whitmey, representative for Tustin Legacy
Community Partners (TLCP)
Under Negotiation: Terms and Conditions of Payment
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8
Property: Property identified as the Pacific Center East/Former
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AAE
site as legally described in the RFP issued by the
Agency, a copy of which is on file with the City Clerk’s
office
Negotiators: Christine Shingleton, Assistant City Manager and
Opus West
Under Negotiation: Terms and Conditions of Sale
C. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION pursuant to
Government Code Section 54956.9(a) – SEMA Construction, Inc. v. City of Tustin,
OCSD No. 00101147
D. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION
pursuant to Government Code Section 54956.9(b)3.E – One(1) case
E. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF
LITIGATION pursuant to Government Code Section 54956.9(c) – Two (2) Cases
PUBLIC MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2186
INVOCATION – Father John Block, Saint Cecilia’s Church
PLEDGE OF ALLEGIANCE AND NATIONAL ANTHEM
-
All American Chorus
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney
PRESENTATIONS
Proclamation presented by Mayor Amante to Shelley Burnett, teacher at Tustin
Community Preschool, for being awarded the Teacher of the Year by the California
County of Parent Participation Nursery Schools
Certificate of Recognition presented by Mayor Amante for National Public Safety
Telecommunicators Appreciation Week
City Council Meeting April 15, 2008
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PUBLIC HEARING ITEM
A public hearing provides individuals the opportunity to be heard
regarding an intended action of the City Council/Community
Redevelopment Agency related to land use or fees. (Agenda Item 1)
1. PUBLIC HEARING: FISCAL YEAR 2008-09 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDING ALLOCATION, FISCAL YEAR 2008-09
ACTION PLAN
The Community Development Department is proposing to submit to the
Federal Department of Housing and Urban Development (HUD) a FY 2008-09
Action Plan, which describes the activities that the City will undertake during
the program year. The Action Plan includes the program budget for
disbursement of Community Development Block Grant (CDBG) funds. The
Tustin Community Foundation, acting as the City's Citizen Participation
Committee, conducted a public hearing on February 25, 2008 and
recommended that the City Council approve the proposed public service
project funding allocation for Fiscal Years 2008-09, 2009-10 and 2010-11.
Recommendations:
1.a. Open and close public hearing;
1.b. Adopt resolution; and
RESOLUTION NO. 08-26 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE
PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS FOR INCLUSION IN THE FISCAL YEAR 2008-09
ACTION PLAN AND AUTHORIZE SUBMISSION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
1.c. Authorize submission to the U.S. Department of Housing and Urban
Development (HUD).
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.
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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 2 through 17)
2. APPROVAL OF MINUTES – REGULAR MEETING OF APRIL 1, 2008
Recommendation: Approve the Regular City Council Meeting Minutes of April 1,
2008.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $856,788.02 and
$1,454,713.29; and Payroll in the amount of $783,686.34.
4. QUARTERLY INVESTMENT REPORT
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted
Investment Policy.
Recommendation: Receive and file.
5. AUTHORIZATION TO PURCHASE REMITTANCE PROCESSING SYSTEM
Authorize City staff to purchase a remittance system for use by the Finance
Department. The remittance processing system electronically codifies and
deposits checks. The current R.T. Lawrence remittance processing system is
ten (10) years old and is beyond its useful life.
Recommendation: Authorize the Finance Department to purchase the
TS4120 remittance system from Creditron in the amount of $23,100, which
includes $4,000 for the first year's maintenance.
6. AWARD OF CONTRACT FOR CONSTRUCTION OF THE SYCAMORE
AVENUE STORM DRAIN FROM SCHOOL LANE TO DEL AMO AVENUE
(CIP NO. 5033)
Bids for the Sycamore Avenue Storm Drain from School Lane to Del Amo
Avenue (CIP No. 5033) have been received and a construction contract is
ready to be awarded.
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Recommendation: Award the construction contract for the Sycamore Avenue
Storm Drain from School Lane to Del Amo Avenue (CIP No. 5033) to Garcia
Juarez Construction, Inc., the lowest responsible and responsive bidder, in the
amount of $375,720.00, and authorize the Mayor and the City Clerk to
execute the contract documents on behalf of the City.
7. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES
FOR THE LANDSCAPE ASSESSMENT DISTRICT WITH SPECTRUMCARE
LANDSCAPE & IRRIGATION MANAGEMENT, INC.
Approval of the second contract amendment with SpectrumCare Landscape &
Irrigation Management, Inc. will extend the agreement for landscape
maintenance services for the Landscape and Lighting District for the period
from July 1, 2008 to June 30, 2009, and will provide a price increase of 3.3%.
Recommendation: Approve the second amendment to the contract
agreement between SpectrumCare Landscape & Irrigation Management, Inc.
and the City of Tustin for landscape maintenance services for the Landscape
and Lighting District, subject to City Attorney approval.
8. CONTRACT AMENDMENT FOR CUSTODIAL SERVICES WITH DIAMOND
CONTRACT SERVICES, INC.
Approval of the second contract amendment with Diamond Contract Services,
Inc. will extend the Agreement for custodial services for the period from July 1,
2008 to June 30, 2009 and provide an annual price increase of 3.3%.
Recommendation: Approve the second amendment to the contract
agreement between Diamond Contract Services, Inc. and the City of Tustin for
custodial services subject to City Attorney approval.
9. APPROVAL OF AGREEMENT REGARDING FUNDING OF STREET
IMPROVEMENTS BY AND AMONG THE CITY OF IRVINE, THE IRVINE
COMPANY LLC, AND THE CITY OF TUSTIN FOR CONSTRUCTION OF
TUSTIN RANCH ROAD BETWEEN WALNUT AVENUE AND EDINGER
AVENUE (CIP NO. 7100)
The proposed Agreement by and among the City of Irvine, The Irvine
Company LLC, and the City of Tustin outlines each agency's responsibilities
for the construction of Tustin Ranch Road between Walnut Avenue and
Edinger Avenue (CIP No. 7100).
Recommendation: Approve the Agreement Regarding Funding of Street
Improvements by and among the City of Irvine, The Irvine Company, and the
City of Tustin for construction of Tustin Ranch Road between Walnut Avenue
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and Edinger Avenue (CIP No. 7100) and authorize the Mayor and City Clerk
to execute the document on behalf of the City.
10. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE VALENCIA AVENUE, ARMSTRONG
AVENUE, KENSINGTON PARK DRIVE AND LANSDOWNE ROAD
PAVEMENT FINISH SURFACE (CIP NO. 7188)
The plans and specifications for the Valencia Avenue, Armstrong Avenue,
Kensington Park Drive and Lansdowne Road Pavement Finish Surface project
(CIP No. 7188) have been prepared and the project is now ready to be bid. A
Notice of Exemption has been recorded with the County of Orange for this
project since it is categorically exempt under California Environmental Quality
Act (CEQA) requirements.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-18 – A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE VALENCIA AVENUE, ARMSTRONG
AVENUE, KENSINGTON PARK DRIVE AND LANSDOWNE ROAD
PAVEMENT FINISH SURFACE (CIP NO. 7188), AND AUTHORIZING
ADVERTISEMENT FOR BIDS
11. EMERGENCY REPAIR OF WELL NO. 4 AT THE 17TH STREET DESALTER
Well No. 4 at the 17th Street Desalter recently experienced a mechanical
failure. Detailed inspection has determined that the well pump and motor need
to be replaced. It is critical that Well No. 4 be returned to service as quickly as
possible to meet operational, emergency and fire flow requirements within the
City of Tustin's water service area. Resolution No. 08-27 ratifies the Public
Works Department's decision to dispense with regular public works bidding
requirements and pursue emergency repairs to Well No. 4.
Recommendations:
11.a. Adopt resolution (requires 4/5 vote); and
RESOLUTION NO. 08-27 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA DECLARING THAT THE
PUBLIC INTEREST AND NECESSITY DEMANDED THE IMMEDIATE
EXPENDITURE OF PUBLIC MONEY TO REPAIR WELL NO. 4 AT
THE CITY OF TUSTIN'S 17th STREET DESALTER TO SAFEGUARD
LIFE, HEALTH, AND PROPERTY
11.b. Authorize the $77,115.28 for the replacement of a pump and well
motor from the Water Division's FY 2007-08 Operations Budget.
City Council Meeting April 15, 2008
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12. AWARD OF BID FOR THE TUSTIN AREA SENIOR CENTER KITCHEN
RENOVATION (PROJECT NO. 1047)
The bid opening for the Tustin Area Senior Center Kitchen renovation project
was held on March 31, 2008. The scope of work includes demolition; kitchen
equipment; utilities - electrical, mechanical, and plumbing; repair to the
existing structure, and all appurtenant work as detailed in the plans and
specifications.
Recommendations:
12.a. Award the contract to Pacific Landmark, International of Santa Ana,
California, the lowest responsible and responsive bidder, in the amount
of $306,877.00 and authorize the Mayor and the City Clerk to execute
the contract documents on behalf of the City; and
12.b. Reject the bid of Joe's Sunrise Construction, Inc. of San Bernardino,
California as being non-responsive.
13. POLICE DEPARTMENT - SURPLUS FIREARMS INVENTORY
The Police Department has phased out the .40 caliber Glock and Beretta
semi-auto duty handguns and the retention of these weapons is not warranted
based upon needs of the Agency and facility storage capabilities. The current
inventory includes sixteen (16) Glock Model 22s and four (4) Beretta Model 96
handguns. Sworn personnel have expressed a desire to purchase the
weapons at the current market price established by our firearms supplier. All
sales and transfers would be completed in accordance with Department of
Justice guidelines.
Recommendation: Authorize the sale and transfer of ownership of twenty (20)
surplus handguns previously issued as duty weapons to qualified sworn
personnel.
14. FY07 STATE HOMELAND SECURITY GRANT – EMERGENCY
PREPAREDNESS
The County of Orange, through the Sheriff-Coroner Department is the lead
agency for the Orange County Operational Area for Homeland Security.
Acting in that capacity they have applied for, received and accepted a grant
from the State of California Office of Homeland Security to enhance
countywide emergency preparedness. Terms of the grant require that certain
funds, property, or equipment purchased with grant funds be transferred to
jurisdictions within the operational area.
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Recommendation: Authorize transfer of the following equipment, technology
or services: Replacement of Personal Protective Equipment, Joint Hazard
Assessment Team, MIR 3, I MAP, O.C. EOC Upgrades, Continual Training,
CERT, and MMRS from the County of Orange to the City of Tustin; and
authorize the Chief of Police to sign any grant related paperwork on behalf of
the City.
15. CANINE SALES AGREEMENT (NINO)
Police canine Nino has been medically retired, due to internal medical and
foot issues. In an effort to allow Nino an opportunity to remain in police service
as a drug canine, the City will be selling him to the Village of Hume Police
Department located in the state of Illinois.
Recommendation: Approve a Sales Agreement for Canine Nino between the
City of Tustin and the Village of Hume, Illinois, and release any and all
responsibility and liability for said canine to the Village of Hume.
16. POLICE DEPARTMENT - SALE OF SURPLUS POLICE EQUIPMENT
Sell surplus Tustin Police vehicles to the Allan Hancock College Public Safety
Department. Sale price is fair market value based on year, mileage, and
maintenance. The Ford Expedition will be sold as is.
Recommendation: Authorize the sale of one (1) surplus Ford Crown Victoria
patrol unit and one (1) Ford Expedition police services vehicle to Allan
Hancock Community College, in the amount of $3,000 and $2,000
respectively.
17. EXCLUSIVE AGREEMENT TO NEGOTIATE WITH OPUS WEST
CORPORATION ON PACIFIC CENTER EAST/FORMER AAE SITE
Responses to a Request for Proposal (RFP) for the disposition and
development of the Tustin Pacific Center East/Former AAE site have been
evaluated and it is recommended that the City and Redevelopment Agency
enter into an Exclusive Agreement to Negotiate with Opus West Corporation
on the subject site.
Recommendation: Subject to non-substantial modifications as may be
determined necessary by the City Attorney or the City Manager prior to
execution, approve and authorize the City Manager and Agency Executive
Director, or designee, to execute an Exclusive Agreement to Negotiate
("ENA") between the City of Tustin, Tustin Community Redevelopment
Agency, and Opus West Corporation, and to carry out all actions necessary to
negotiate a Disposition and Development Agreement ("DDA").
City Council Meeting April 15, 2008
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REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 18 through 22)
18. ORDINANCE NO. 1352 - SECOND READING OF ORDINANCE REVISING
CITY LOGO AND SEAL
The proposed ordinance will revise the City Logo and Seal as recently approved
by the City Council.
Recommendation: Have second reading by title only and adoption of
Ordinance No. 1352 (roll call vote).
ORDINANCE NO. 1352 - AN ORDINANCE OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING PART 4 TO CHAPTER 2, ARTICLE 1 OF
THE TUSTIN CITY CODE REGARDING THE CITY SEAL AND LOGO
19. NUMBER SKIPPED
20. ORANGE COUNTY ANIMAL CONTROL SERVICE’S “BARKING DOG”
PROGRAM
Pursuant to Chapter 2 of Title 4 of the Tustin Municipal Code, the City has
adopted portions of the County of Orange animal control regulations by
reference. In July of 2007, the City Council adopted Ordinance No. 1340
amending Chapter 2 of Title 4 to clean up out-dated and incorrect references.
Ordinance No. 1340 did not however incorporate by reference the County's
"Barking Dog Ordinance," which had been adopted by the County in
November 2006.
The City Council determined that additional time to review the success of the
County's Barking Dog program was needed and directed staff to return after
six months with additional data so that the Council could review and
reconsider adoption of the County's Barking Dog Ordinance. Additional
information regarding the Barking Dog program is now available for the
Council's consideration. If so desired, a public hearing must be held to adopt
the "barking dog" provisions of the County Code and revise Chapter 2 of Title
4 of the Tustin Municipal Code.
Alternatives:
1. (a) Introduce Ordinance No. 1350 amending Part 1 of Chapter 2 of Title
4 of the Tustin Municipal Code to adopt by reference the relevant
City Council Meeting April 15, 2008
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provisions of Division 1 of Title 4 and Divisions 1, 2, and 3 of Title 5 of
the Codified Ordinances of the County of Orange relating to animal
control, including the "barking dog" provisions;
(b) Set a public hearing for May 6, 2008, to have second reading and
adoption of Ordinance No. 1350; and
(c) Instruct the City Clerk to notice the public hearing pursuant to law.
2. Take no action.
21. SUMMARY OF PROPOSED PARKING REGULATION
On October 16, 2007 and March 18, 2008, the City Council conducted public
workshops to review the existing off-street parking regulations, arterial parking
restrictions and the existing permit parking program and consider a series of
implementation actions that would improve the quality of life within Tustin and
increase the efficiency of the circulation system. This report summarizes those
actions and associated budget implications.
Recommendations: Direct staff to:
21.a. Prepare a comprehensive parking ordinance to consolidate parking
standards, establish design standards, clarify existing on-site
restrictions, and provide flexibility for Old Town parking.
21.b. Prepare an ordinance/resolution to prohibit all public street parking from
2:00 a.m to 6:00 a.m within the City limits.
21.c. Prepare an ordinance/resolution to prohibit public street parking within
the hours that a public street is scheduled for sweeping.
21.d. Prepare an ordinance/resolution to prohibit on-street parking on:
a. Irvine Boulevard between Prospect Avenue and Holt Avenue.
b. Newport Avenue from Sycamore Avenue to north of First Street.
c. Red Hill Avenue from Sycamore Avenue to Bryan Avenue.
21.e. Prepare a permit parking program to address exceptions and
exemptions to the nighttime parking ban (2:00 a.m. - 6:00 a.m.) and any
spillover traffic from arterial parking restrictions.
21.f. Request the County of Orange to restripe Irvine Boulevard within their
jurisdiction to 6 lanes.
22. LEGISLATIVE REPORT
Recommendation: Pleasure of the City Council.
City Council Meeting April 15, 2008
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OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City
Council
ADJOURNMENT – The next regular meeting of the City Council is scheduled for
Tuesday, May 6, 2008 at 5:30 for Closed Session and 7:00 p.m. for
the Regular Business Meeting in the Council Chamber, 300
Centennial Way, Tustin, California.
City Council Meeting April 15, 2008
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