HomeMy WebLinkAbout06 CC Action Agendas 4-1,15-08ITEM #6
Report to the
Planning Commission
DATE: APRIL 22, 2008
SUBJECT: CITY COUNCIL ACTION AGENDAS
APRIL 1 AND 15, 2008
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT: CITY COUNCIL ACTION AGENDAS
APRIL 1 AND 15, 2008
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
APRIL 1, 2008
CALL TO ORDER MEETING #2185 AT 5:30 P.M.
ATTENDANCE
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
Councilmembers Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Maria Huizar, Chief Deputy City Clerk
Others Present: Christine Shingleton, Assistant City Manager and Doug Holland, City
Attorney
PUBLIC INPUT -None
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL - EXPOSURE TO LITIGATION
pursuant to Government Code Section 54956.9(b)3.E - One(1) case
B. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF
LITIGATION pursuant to Government Code Section 54956.9 (c) -One (1) Case
RECESSED - At 5:31 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 6:59 p.m. City Council reconvened in public session with all
members present.
PUBLIC MEETING
CALL TO ORDER MEETING #2185 AT 7:00 P.M.
City Council Meeting April 1, 2008
Action Agenda Page 1 of 9
INVOCATION, PRESENTATION OF COLORS, AND PLEDGE OF ALLEGIANCE -
Tustin American Legion
ROLL CALL
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert, Councilmembers
Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: Christine Shingleton, Assistant City Manager and Doug Holland, City
Attorney
CLOSED SESSION REPORT - No reportable action.
PRESENTATIONS
• Certificates of Recognition presented by Mayor Amante to the Beckman High
School Band and Jim Kollias, Band Director
• Certificate of Recognition presented by Mayor Amante to Sara Rios, 2007 Crossing
Guard of the Year
• Proclamation presented by Mayor Amante to Henry "Hank" Nunez for his invaluable
service on the Community Services Commission
• Proclamation presented by Mayor Amante to Coreena Coleman, Miss Tustin 2007
• Annual State of the Pride presented by Kim Leason
PUBLIC HEARING ITEM
1. CONTINUE PUBLIC HEARING TO CONSIDER APPROVAL OF THE CITY'S
HAZARD MITIGATION PLAN TO JUNE 17, 2008
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 to continue the public
hearing to June 17, 2008 in order for regulatory agencies to review and
comment on the draft plan.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Bone, to continue the public hearing from April 1, 2008 to
June 17, 2008. Motion carried 5-0.
City Council Meeting April 1, 2008
Action Agenda Page 2 of 9
ORAL COMMUNICATION /PUBLIC INPUT -Jack Shaffer, represents Boys & Girls
Club, presented invitation to Council for April 11'h event.
CONSENT CALENDAR ITEMS -Mayor Amante noted that item No. 11 will be
continued and the Minutes from the Special Meeting were revised. It was moved by
Councilmember Palmer, seconded by Mayor Pro Tem Davert, to approve Consent
Calendar items as recommended by staff. Motion carried 5-0.
2. *APPROVAL OF MINUTES -SPECIAL AND REGULAR MEETINGS OF
MARCH 18, 2008
Motion: Approve the revised Special Meetings Minutes and Regular City
Council Meetings Minutes of March 18, 2008.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $3,591,861.08; $11,935.09;
$153,229.62; and Payroll in the amount of $658,786.48.
4. PLANNING ACTION AGENDA- MARCH 25, 2008
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: Receive and file.
5. INTRODUCE ORDINANCE REVISING CITY LOGO AND SEAL
The proposed ordinance will revise the City Logo and Seal as recently
approved by the City Council.
Motion: Introduce and waive first reading of Ordinance No. 1352 by title only
and set for second reading at the Council's April 15, 2008 meeting.
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
6. TUSTIN RESPONSE TO DEIR FOR CITY OF IRVINE PLANNING AREA 40
AND PLANNING AREA 12
City Council Meeting April 1, 2008
Action Agenda Page 3 of 9
City Council authorization is requested for the City of Tustin's response to the
subject Draft Environmental Impact Report (DEIR) for a General Plan
Amendment and Zone Change associated with the proposed development of
approximately 3,918 dwelling units, 1,540,000 square feet of Multi-Use,
205,000 square feet of commercial uses, and 100,000 square feet of
institutional uses in Planning Area (PA) 40 (571 acres) and approximately
575,000 square feet of Research and Industrial (Medical Science) uses on a
36-acre parcel in Planning Area (PA) 12. PA 40 is generally bounded by
Jeffrey Road to the northwest, the I-5 Freeway to the southwest, the Orange
County Great Park to the southeast, and Trabuco Road to the northeast. The
portion of PA 12 is generally bounded by vacant land to the west, the I-5
Freeway to the northeast, Sand Canyon Avenue to the southeast, and OCTA
railroad tracks to the southwest.
Motion: Authorize staff to forward the draft response letter to the City of Irvine.
7. TUSTIN RESPONSE TO MITIGATED NEGATIVE DECLARATION FOR
IRVINE CROSSINGS PROJECT
City Council authorization is requested for the City of Tustin's response to the
subject Draft Mitigated Negative Declaration (MND) for the addition of 173,774
square feet of office tenant improvements within an existing 4,726 square foot
office and 303,929 square foot warehouse building located at 17871 Von
Karman Avenue. The existing footprint of the building is not proposed to be
altered. The approximately 21-acre site is bounded to the east by Von Karman
Avenue, to the west by a flood control channel, and to the south by Gillette
Avenue.
Motion: Authorize staff to forward the draft response letter to the City of Irvine.
8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR CARPET PURCHASING,
REMOVAL AND INSTALLATION AT CITY HALL (CIP NO. 1032)
The re-carpeting of City Hall (CIP No. 1032) has been completed to the
satisfaction of the City Engineer and is now ready for City Council acceptance.
Motion:
8.a. Adopt resolution;
RESOLUTION NO. 08-23 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS
OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF
THE NOTICE OF COMPLETION FOR THE CARPET PURCHASING,
REMOVAL AND INSTALLATION PROJECT AT CITY HALL (CIP NO.
1032)
City Council Meeting April 1, 2008
Action Agenda Page 4 of 9
8.b. Authorize the recordation of the Notice of Completion;
8.c. Direct the City Clerk to:
1. Release the labor and Materials Bond not sooner than thirty-five
(35) days after the date of recordation of the Notice of Completion:
and
2. Release the Faithful Performance Bond not sooner than one year
after the date of recordation of the Notice of Completion; and
8.d. Assuming no claims or stop payment notices are filed, it is further
recommended that thirty five (35) days after the date of recordation of
the Notice of Completion, the City Council authorize payment of the
final 5% retention in the amount of $8,289.46 to Shaw Industries, Inc.
dba Shaw Strategic Solutions Group. The final installation cost for the
project including one contract change order is $165,789.27.
9. AMENDMENT NO. 7 TO CONSULTANT SERVICES AGREEMENT WITH
AKM CONSULTING ENGINEERS FOR THE PASADENA AVENUE WELL
PROJECT (CIP NO. 6130)
Amendment No. 7 provides additional funding for construction
management/inspection services to be provided by AKM Consulting
Engineers during the well equipping phase of the Pasadena Avenue Well
Project.
Motion: Approve Amendment No. 7 to the Consultant Services Agreement
with AKM Consulting Engineers for the Pasadena Avenue Well Project, and
authorize the Mayor and City Clerk to execute on behalf of the City.
10. DISPOSAL OF OBSOLETE PLANS FROM FORMER MARINE CORP AIR
STATION (MCAS) TUSTIN
Resolution No. 01-91, the Records Retention/Disposition Schedule, permits
destruction of records and documents which meet certain criteria with the
approval of the City Attorney and the City Council.
Motion: Adopt resolution
RESOLUTION NO. 08-14 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OR TRANSFER TO THE TUSTIN AREA
HISTORICAL SOCIETY OF CERTAIN PLANS OF THE FORMER
MARINE CORP AIR STATION (MCAS) TUSTIN IMPROVEMENT
City Council Meeting April 1, 2008
Action Agenda Page 5 of 9
PLANS IN THE POSSESSION 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
11. 2007 TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM FAIR
SHARE ANALYSIS UPDATE
A 2007 updated analysis has been completed of the fair share contributions
required of each development area at the former MCAS Tustin as necessary
to finance public facilities needed to serve new development.
Motion: At the request of staff, this item is being continued to a future Council
meeting date.
12. CONSIDERATION OF CLAIM OF WILLIAM AND SUSAN HERMAN, CLAIM
NO. 08-01
The Claimants reported they were driving on Jamboree Road at dusk, near a
construction area in Tustin, and a hard object hit their car. They are requesting
the City reimburse them $1,449.49 to cover the cost of repairing the vehicle
and renting a car while the work was being done.
Motion: Deny Claim Number 08-01, William and Susan Herman, and direct
Staff to send notice thereof to the Claimant.
13. CONSIDERATION OF CLAIM OF DOROTHY I. ARCHER, CLAIM NO. 08-05
The Claimant reported that roots from a City tree caused a back up in the
sewer line under her property and into her residence. She is requesting the
City reimburse her for a portion of the cost to do the necessary repair work
and she provided a copy of the plumbing service bill she paid in the amount of
$1, 504.00.
Motion: Deny Claim Number 08-05, Dorothy I. Archer, and direct Staff to send
notice thereof to the Claimant.
REGULAR BUSINESS ITEMS
14. DISCUSS NATIONAL MOTTO "IN GOD WE TRUST"
This item was placed on the Agenda at the request of Councilmember Jim
Palmer who wishes to discuss the City of San Clemente's recent adoption of the
National Motto "In God we Trust". A number of California cities display "In God
City Council Meeting April 1, 2008
Action Agenda Page 6 of 9
We Trust" in City Hall and/or City Council Chambers. Since this phrase is a
national motto and does not promote a religion, it can be displayed at council's
discretion.
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert,
to continue to a future meeting date to have agenda report include more detail,
including an appropriate, educational and accessible display. Motion carried 5-
0.
15. SAN DIEGO GAS & ELECTRIC'S SUNRISE POWERLINK TRANSMISSION
LINE PROJECT
Mayor Amante asked that this item be agendized in order for the City Council
to discuss what position it might want to take concerning SDGE's Sunrise
Powerlink Transmission Line Project.
Bob Steins, Southern California Edison stated they held no formal position.
Margaret Pasko, Sempra Energy Utilities stated this was a San Diego Gas
and Electric project.
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert,
to support San Diego's Gas and Electric's Sunrise Powerlink Transmission
Line Project and adopt resolution as attached to report. Motion carried 5-0.
RESOLUTION NO. 08-27 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, IN SUPPORT OF SAN
DIEGO GAS & ELECTRIC'S SUNRISE POWERLINK TRANSMISSION
LINE PROJECT
16. LEGISLATIVE REPORTS (ASSEMBLY BILLS 2788 AND 1776 (DEVORE))
At the request of Mayor Amante, attached are the following legislative items
for discussion by the City Council.
• Assembly Bill 2788 (DeVore). Energy: nuclear powerplant certification.
Existing law requires a person proposing to construct a thermal powerplant
to obtain a certification from the State Energy Resources Conservation and
Development Commission. Existing law exempts facilities for which the
Public Utilities Commission has issued a certificate of convenience and
necessity or that a municipal utility has approved before January 7, 1975.
This bill would additionally exempt an applicant fora nuclear fission
thermal powerplant capable of producing up to 2,000 megawatts of energy
who is the first California entity to obtain an early site permit from the
United States Nuclear Regulatory Commission.
City Council Meeting April 1, 2008
Action Agenda Page 7 of 9
• Assembly Bill 1776 (DeVore). Energy: nuclear powerplant.
The Warren-Alquist State Energy Resources Conservation and
Development Act prohibits the certification of a new nuclear fission thermal
powerplant and land use in the state for a new nuclear fission thermal
powerplant, until the State Energy Resources Conservation and
Development Commission (Energy Commission) makes a finding
regarding the existence of an approved and demonstrated technology or
means for the disposal of high-level nuclear waste. The Energy
Commission is also required to perform certain other duties with regards to
nuclear fission thermal powerplants.
This bill would repeal these prohibitions and would, instead, prohibit the
Energy Commission from certifying a site for a nuclear fission thermal
powerplant in seismically active areas or a nuclear fission thermal
powerplant using aonce-through nuclear reactor cooling system with a
nuclear coolant outflow that is within 5 miles of a designated coastal area
of biological significance or is to a navigable water. The Energy
Commission and other state agencies would be required to consider a dry
cask storage system method approved by the United States Nuclear
Regulatory Commission to be an appropriate method for storing spent
nuclear fuel and associated material.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to send letters of support for both legislative items. Motion carried 5-0.
OTHER BUSINESS /COMMITTEE REPORTS -
Councilmember Palmer:
• Tustin Area Senior Fund Board, seniors have raised $127,000 since inception of thrift
store, kitchen renovation contract soon to be awarded.
Councilmember Bone:
• OCCOG report, City of Irvine requesting dedicated seat on SCAG and OCCOG;
• Metrolink Board approved agreement with OCTA on grade separations and Quiet
Zone, also approved passenger information system with live information messages on
platforms;
• Orange County Vector Control Board report, appointed to Budget and Finance
Committee, approved 2008-2009 budget, and midget gnat not dangerous;
• SCAG and Edison workshop held on lighting demonstration to reduce energy; and
• Questioned recent decision by OCFA to increase number of firefighters on each
vehicle.
Mayor Pro Tem Davert:
• Easter egg hunt was a great success;
• Orange County Fire Authority report very thorough, 4 recommendations including
accelerating helicopter purchase, renovation of fire station hangar No. 41, increase
City Council Meeting April 1, 2008
Action Agenda Page 8 of 9
hand crews, add one additional firefighter for the 12 wildlife engines, cost absorbed by
current structured fire contract with no cost to Tustin; and
• Presentation on sanitation district blockage; State budget issues affecting special
districts, additional 15% rate increase; instituting local sewer charge for all Tustin
residents, reported on sewer reconstruction project along Red Hill, concrete blockage
in sewer pipe caused $50,000 to repair.
Mayor Amante:
• Easter Egg Hunt great event;
• New and returning commissioners sworn in for Community Services;
• South Orange County Major Improvements Study for OCTA discussed remaining six
alternatives for area from SR-55 to end of South County, upcoming presentation to
Council;
• OCTA meeting with SCAG Transportation and Communications Committee to discuss
Regional Transportation Plan, going before Transportation and Communications
Committee on Thursday, to make final decision;
• Went to Sacramento with members of OCTA and Orange County Business Council to
lobby on planning and transportation projects, including continuation of 91 express
lanes and continuous-access HOV lanes on all Orange County freeways.
ADJOURNMENT - 8:11 p.m. -The next regular meeting of the City Council is scheduled
for Tuesday, April 15, 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 1, 2008
Action Agenda Page 9 of 9
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
APRIL 1, 2008
CALL TO ORDER - 8:12 p.m.
ATTENDANCE
Present: Chair Jerry Amante; Chair Pro Tem Doug Davert; Agency
Members Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
Recording Secretary: Pamela Stoker
Others Present: Christine Shingleton, Assistant Executive Director and Douglas
C. Holland, City Attorney
PUBLIC INPUT -None
REGULAR BUSINESS ITEM - It was moved by Agency Member Jim Palmer, seconded
by Agency Member Kawashima, to approve item 1 as recommended by staff. Motion
carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF MARCH 18, 2008
Motion: Approve the Redevelopment Agency Minutes of March 18, 2008.
ADJOURNED - 8:12 p.m. -Next regular meeting is scheduled for Tuesday, April 15,
2008 at 7:00 p.m. in the Council Chamber, 300 Centennial Way,
Tustin, California
Community Redevelopment Agency Meeting April 1, 2008
Action Agenda Page 1 of 1
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
APRIL 15, 2008
CALLED TO ORDER MEETING #2186 AT 5:30 P.M.
ATTENDANCE
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
Councilmembers Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Maria Huizar, Chief Deputy City Clerk
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
PUBLIC INPUT -None
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
Propert~r~. Property identified as the Pacific Center East/Former
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
City Council Meeting April 15, 2008
Action Agenda Page 1 of 13
C. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION pursuant to
Government Code Section 54956.9(x) -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
RECESSED - At 5:31 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 6:59 p.m. City Council reconvened in public session with all
members present.
PUBLIC MEETING
CALLED TO ORDER MEETING #2186 AT 7:00 P.M.
INVOCATION -Father John Block, Saint Cecilia's Church
PLEDGE OF ALLEGIANCE AND NATIONAL ANTHEM -All American Chorus
ROLL CALL
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert, Councilmembers
Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, Assistant City Manager and Doug Holland, City
Attorney
CLOSED SESSION REPORT -Council unanimously approved partial settlement with
SEMA Construction, Inc. and commencement of Code Enforcement Civil matter.
PRESENTATIONS
• Proclamation presented by Mayor Amante to Shelley Burnett, teacher at Tustin
Community Preschool, for being awarded the Teacher of the Year by the
City Council Meeting April 15, 2008
Action Agenda Page 2 of 13
• Certificate of Recognition presented by Mayor Amante for National Public Safety
Telecommunicators Appreciation Week
PUBLIC HEARING ITEM
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.
Staff report presented by Community Development Director Elizabeth
Binsack.
Public hearing opened at 7:19 p.m. Bob Stiens spoke on behalf of the Tustin
Community Foundation and Margie Wakeham of Families Forward presented
Annual Report. Hearing closed at 7:24 p.m.
Council discussion ensued.
Mayor Pro Tem Davert -Inquired about funding history for organizations,
appeared there were several smaller amounts rather than large impact
allocations.
Councilmember Bone agreed, past funding was maintained at $5,000, difficult
decision as funds are needed everywhere but available funds continue to
decrease.
Mayor Amante also agreed, never sufficient money in public allocation,
funding complicated with a reduced funding pot, requested funding history for
future reviews.
Motion: It was moved by Councilmember Palmer, seconded by Mayor
Amante, to keep integrity of program as proposed by Bone, with minimum
grant funding at $5000, $7,500 reduction for graffiti removal to bring others to
$5,000.
City Council Meeting April 15, 2008
Action Agenda Page 3 of 14
Mayor Pro Tem Davert would like to restore funding to those programs
received historically and make bigger impact.
Mayor Amante said Councilmember Palmer's suggestion moving in right
direction, Council could suggest $5,000 minimum.
Mayor Pro Tem Davert wanted to take a more critical look at allocations,
asked for cut-off date.
Community Development Director Binsack -Final action not needed tonight
but in mid May.
Councilmember Bone felt that those serving on committee this year had no
insight of what had happened in past years, would rather see it come back.
Councilmember Palmer was ok with bringing item back but did not wish to
insert himself with the work of the Foundation, nor set it back, only give
suggested minimum levels.
Mayor Pro Tem Davert stated Council was not being inappropriate with
suggestions, only fine-tuning, would like to see item come back in 2 weeks
with history and options.
Substitute Motion: It was moved by Mayor Amante, seconded by Mayor Pro
Tem Davert, to return to council in 2 weeks with recommendation on minimum
funding, correction on allocation for current budget, including funding history.
Motion carried 5-0.
ORAL COMMUNICATION /PUBLIC INPUT -Rosalie Morris of CR&R informed the
Council and residents about the on-going trash bin exchange program.
CONSENT CALENDAR ITEMS - Mayor Amante noted that staff requested the
continuance of Agenda Item 6. Items 9 and 14 were pulled for separate action. It was
moved by Councilmember Bone, seconded by Councilmember Kawashima, to approve
Consent Calendar items as recommended by staff. Motion carried 5-0.
2. APPROVAL OF MINUTES -REGULAR MEETING OF APRIL 1, 2008
Motion: Approve the Regular City Council Meeting Minutes of April 1, 2008.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $856,788.02 and $1,454,713.29;
and Payroll in the amount of $783,686.34.
City Council Meeting April 15, 2008
Action Agenda Page 4 of 14
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.
Motion: 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.
Motion: 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.
Motion: Item continued at the request of staff.
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%.
Motion: 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.
City Council Meeting April 15, 2008
Action Agenda Page 5 of 13
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%.
Motion: 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 (GIP 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).
Joe Behley, Peppertree resident had concerns with design of sound wall, City
Manager Huston replied item was related to funding, not design issues and
staff would meet with homeowners in near future to discuss wall design.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Bone, to 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
and Edinger Avenue (CIP No. 7100) and authorize the Mayor and City Clerk
to execute the document on behalf of the City. Motion carried 5-0.
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.
City Council Meeting April 15, 2008
Action Agenda Page 6 of 13
Motion: 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 17T" 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. 08-31 ratifies the Public
Works Department's decision to dispense with regular public works bidding
requirements and pursue emergency repairs to Well No. 4.
Motion:
11.a. Adopt resolution (required 4/5 vote); and
RESOLUTION NO. 08-31 - 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.
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.
Motion:
12.a. Award the contract to Pacific Landmark, International of Santa Ana,
City Council Meeting April 15, 2008
Action Agenda Page 7 of 13
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.
Motion: 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.
Councilmember Palmer requested information on acronyms and information
on items being funded. Police Chief Scott Jordan explained funding source
and programs being funded.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Palmer, to 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. Motion carried 5-0.
15. CANINE SALES AGREEMENT (NINO)
City Council Meeting April 15, 2008
Action Agenda Page 8 of 13
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.
Motion: 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.
Motion: 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.
Motion: 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").
REGULAR BUSINESS ITEMS
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.
City Council Meeting April 15, 2008
Action Agenda Page 9 of 13
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Kawashima, to 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
Motion carried 5-0.
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 Counci! 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.
Presentation by Orange County Animal Care Services Director, Jennifer
Phillips.
Julian Cangelosi spoke in opposition to ordinance, seems flawed, Agency is
successful in less than 40% of cases.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Bone to:
20.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
provisions of Division 1 of Title 4 and Divisions 1, 2, and 3 of Title 5 of
City Council Meeting April 15, 2008
Action Agenda Page 10 of 13
the Codified Ordinances of the County of Orange relating to animal
control, including the "barking dog" provisions;
20.b. Set a public hearing for May 6, 2008, to have second reading and
adoption of Ordinance No. 1350; and
20.c. Instruct the City Clerk to notice the public hearing pursuant to law.
Motion carried 4-1 (Amante opposed).
Motion to reconsider moved by Councilmember Palmer, seconded by Mayor
Amante. Motion carried 3-2 (Amante and Palmer opposed).
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.
Presentation of staff report by Public Works Director Tim Serlet.
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City Council Meeting April 15, 2008
Action Agenda Page 11 of 13
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Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Bone, to 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:
1. Irvine Boulevard between Prospect Avenue and Holt Avenue.
2. Newport Avenue from Sycamore Avenue to north of First Street.
3. 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.
Motion carried 4-1 (Palmer opposed).
22. LEGISLATIVE REPORTS
Councilmember Bone requested that staff review the following Bills:
AB642 -Design Build for Cities
AB815 -Taxing of Roads, infrastructure
SB619 -Contract Retention Amount
SB1185 -Land use issues
AB3034 - $9.95 Billion Bond Issue
HR3121 -Flood Insurance for areas protected by dams/levys
Mayor Amante stated that staff withdrew support letters for two (Devore) Bills
because they died in committee; and AB2317 (Walters) on Voting ID also died
in committee.
OTHER BUSINESS /COMMITTEE REPORTS
City Council Meeting April 15, 2008
Action Agenda Page 12 of 13
Councilmember Bone:
• Metrolink report -daily passenger count has been increasing, possibly to 45,000
passengers per day by April;
• State League of Cities report -Transportation, Communication & Public Works Policy
Committee, City might lose Proposition 1 B funds if application not made soon; Gas
taxes have no repayment agreement-and could also be lost;
• State budget revenues up 7% and expenses up 10%, budget expected in September;
• Southern California Association of Government report - RTP moved to regional
council, Orange line removed, Mayor Amante commented on presentation by Santa
Ana/GG on GoLocal Program, requested presentation to Council at future meeting; on
multi-modal; Regional council meeting, Lake Forest Councilmember Richard Dickson
named President of SCAG;
• Maglev Committee is 10 years old, to begin meeting on quarterly basis, will include
405 freeway cities north/south of airport, OC Board of Supervisors and San Diego
Board of Supervisors; and
• Water Advisory Committee of Orange County - MWD Water Quality mgr reported
effect of pharmaceuticals in water is insignificant; water usage in Tustin is down,
applauded conservation efforts; Rain to date is 9.32 inches in Orange County.
Mayor Amante:
• Thanked Tustin Chamber of Commerce for hosting 3~d District OCTA Breakfast,
update was provided on programs; and
• California Transportation Commission awarded Orange County $218 million for grade
crossing projects.
ADJOURNED - 8:45 p.m. -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
Action Agenda Page 13 of 13
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
APRIL 15, 2008
CALL TO ORDER MEETING #719 AT 8:45 p.m.
ATTENDANCE
Present: Chair Jerry Amante; Chair Pro Tem Doug Davert; Agency
Members Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
Recording Secretary: Pamela Stoker
Others Present: Christine Shingleton, Assistant Executive Director and Douglas
C. Holland, City Attorney
PUBLIC INPUT -None
REGULAR BUSINESS ITEM - It was moved by Agency Member Bone, seconded by
Agency Member Kawashima, to approve items 1 through 3 as recommended by staff.
Motion carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF APRIL 1, 2008
Motion: Approve the Redevelopment Agency Minutes of April 1, 2008.
2. 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.
Motion: 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 ("DDA").
Community Redevelopment Agency Meeting April 15, 2008
Agenda Page 1 of 2
3. APPROVAL OF A CONSULTING SERVICES AGREEMENT WITH
OVERLAND PACIFIC, INC. FOR PROPERTY MANAGEMENT SERVICES
AT 14741 AND 14751 NEWPORT AVENUE
Motion: Authorize the Executive Director, or his designee, to execute a
Consultant Services Agreement with Overland Pacific, Inc. for property
management services for Agency owned properties located at 14741 and
14751 Newport Avenue.
ADJOURNED - 8:46 P.M. -Next regular meeting is scheduled for Tuesday, May 6, 2008 at
7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin,
California
Community Redevelopment Agency Meeting April 15, 2008
Agenda Page 2 of 2