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Home My WebLink About00 CC AGENDA 05-06-08 CITY OF TUSTIN MAY 6, 2008 REGULAR MEETING OF THE COUNCIL CHAMBER #2187 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 items were received for the May 6, 2008 meeting of the City Council. (Agenda Items A through C) CALL TO ORDER – Meeting #2187 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—PENDING LITIGATION pursuant to subdivision (a) of Section 54956.9 of the Government Code: City of Tustin v. AAE Pacific Park Associates, LLC et al., Case No. 03CC01932 B. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION pursuant to subdivision (a) of Section 54956.9 of the Government Code: City of Newport Beach and City of Tustin v. City of Irvine - Case No. 07CC01264 & Case No. 07CC01265 C. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION pursuant to subdivision (a) of Section 54956.9 of the Government Code: Legal Ease, Inc., a California Corporation v. City of Tustin et al., Case Number 07CC03504 City Council Meeting May 6, 2008 Agenda Page 1 of 10 PUBLIC MEETING 7:00 P.M. CALL TO ORDER – Meeting #2187 INVOCATION – Father John Block, St. Cecilia’s Church PLEDGE OF ALLEGIANCE – Councilmember Kawashima ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney PRESENTATIONS • Proclamation presented by Mayor Amante to the Senior Advisory Committee in recognition of their successful Volunteer Program • Proclamation presented by Mayor Amante to Dick Hsu of DCH Tustin Acura in recognition of DCH Auto Group’s 60th Anniversary PUBLIC HEARING ITEMS 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 Items 1 and 2) 1. CONTINUED 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 for the Community Development Block Grant which describes the activities that the City will undertake during the program year. The City Council held a public hearing regarding the Action Plan and Funding Allocation on April 15, 2008. During the public hearing, the City Council continued the item to the May 6, 2008 hearing and directed staff to provide funding history information and recommend a minimum funding amount. City Council Meeting May 6, 2008 Agenda Page 2 of 10 Recommendations: 1.a. Adopt resolution; 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.b. Authorize submission to the U.S. Department of Housing and Urban Development (HUD); and 1.c. That the City Council establish a $5,000.00 minimum funding amount for CDBG program activities. 2. PUBLIC HEARING: ADOPTION OF THE ORANGE COUNTY ANIMAL CONTROL SERVICE’S “BARKING DOG” PROGRAM AND SECOND READING OF ORDINANCE NO. 1350 The City Council introduced Ordinance No. 1350 at the April 15, 2008 City Council meeting. A requirement of the County of Orange’s ordinance is to hold a public hearing that would adopt said ordinance. The ordinance proposes to amend Part 1 of Chapter 2 of Title 4 of the Tustin Municipal Code and adopt by reference the relevant 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 to include the “barking dog” provisions. Recommendations: 2.a. Open and close public hearing; and 2.b. Have second reading by title only and adoption of Ordinance No. 1350 (roll call vote). ORDINANCE NO. 1350 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING CHAPTER 2 OF TITLE 4 OF THE TUSTIN MUNICIPAL CODE PERTAINING TO ANIMALS AND FOWL 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. City Council Meeting May 6, 2008 Agenda Page 3 of 10 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 3 through 17) 3. APPROVAL OF MINUTES – REGULAR MEETING OF APRIL 15, 2008 Recommendation: Approve the Regular City Council Meeting Minutes of April 15, 2008. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $560,345.01; $875,053.07; and $11,346,004.24; Reversals in the amount of $35,771.64 and Payroll in the amount of $662,396.94. 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 usable or required for public use. Recommendations: 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. PLANNING ACTION AGENDA – APRIL 22, 2008 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. 7. TUSTIN RESPONSE TO DEIR FOR CITY OF IRVINE SHADY CREEK MEDICAL CENTER City Council authorization is requested for the City of Tustin's response to the subject Draft Environmental Impact Report (DEIR) for a General Plan City Council Meeting May 6, 2008 Agenda Page 4 of 10 Amendment and Zone Change associated with the proposed development of up to a maximum 150,000 square-foot medical office center, including up to 7,200 square feet of supporting retail uses. The project site is approximately 21 acres and is generally bounded by San Diego Creek to the north, Interstate 405 to the south, and Sand Canyon Avenue to the east. Recommendation: Authorize staff to forward the draft response letter to the City of Irvine. 8. FINAL PARCEL MAP 2007-131 – LIBRARY AT CIVIC CENTER COMPLEX Final Parcel Map 2007-131 is a request to consolidate twelve (12) existing lots into two parcels to accommodate a 31,281 square foot new library at the Civic Center complex. (Applicant/Owner: City of Tustin). As authorized by the Tustin City Code Section 9314, the Community Development Director, following consultation with the City Engineer, waived the requirement for a tentative parcel map since the proposed subdivision is resulting from the conveyance of land or any interest therein to or from the City for public purposes; thus, only a Final Parcel Map is processed. Recommendation: Adopt resolution. RESOLUTION NO. 08-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL PARCEL MAP 2007- 131 TO CONSOLIDATE TWELVE (12) LOTS INTO TWO (2) PARCELS TO ACCOMMODATE THE NEW LIBRARY AT THE TUSTIN CIVIC CENTER 9. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS This report transmits two John Wayne Airport Noise Abatement Quarterly Reports for the third and fourth quarters of 2007. The average noise level measured at monitoring station NMS 10N, located at Columbus Tustin Middle School on Beneta Way, remained relatively constant during the third and fourth quarters. Average noise levels during both quarters remained below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: Receive and file this report. 10. CONTRACT AMENDMENT FOR MAINTENANCE AND REPAIR SERVICES OF THE CITY'S HVAC SYSTEMS WITH BARR ENGINEERING, INC. Approval of the fourth contract amendment with Barr Engineering, Inc., will extend the Agreement for Heating, Ventilating, Refrigeration, and Air Conditioning (HVAC) Systems Maintenance and Repair Services for the City Council Meeting May 6, 2008 Agenda Page 5 of 10 period from July 1, 2008 to June 30, 2009, with no increase in the contract price. Recommendation: Approve the fourth amendment to the Contract Agreement between Barr Engineering, Inc. and the City of Tustin for Heating, Ventilating, Refrigeration, and Air Conditioning (HVAC) Systems Maintenance and Repair Services, subject to City Attorney approval. 11. TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2008-09 The City Council, at their meeting of February 5, 2008, adopted Resolution No. 08-15, which ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report has now been completed and consideration of the following actions is now appropriate. Recommendations: Adopt resolutions. RESOLUTION NO. 08-33 - 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 2008-2009 RESOLUTION 08-34 - 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 2008-2009 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 12. AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH JACOBS CIVIL, INC. Recommendation: Approve Amendment No. 3 to the Consultant Services Agreement with Jacobs Civil, Inc. (Jacobs) to provide additional Construction Management Services for the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and the Edinger Avenue (Smart Street) Widening Project (CIP No. 7147 in the City of Tustin and CIP No. 2585 in the City of Santa Ana) and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. City Council Meeting May 6, 2008 Agenda Page 6 of 10 13. AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH TETRA TECH, INC. Amendment No. 6 to the Consultant Services Agreement between the City and Tetra Tech, Inc. will provide for the preparation of a water quality management plan [WQMP] and additional engineering design services for the Rawlings Reservoir Replacement Project (CIP No. 6136). These services are needed because they were not included in Tetra Tech's original project scope of work. Recommendation: Approve Amendment No. 6 to the Consultant Services Agreement with Tetra Tech, Inc. to provide additional Design Engineering Services for the Rawlings Reservoir Replacement Project (CIP No. 6136) and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. 14. APPLICATION FOR PROPOSITION 1B STREET FUNDS Proposition 1B funds have been allocated by the California State Legislature and include $550 million for cities in Fiscal Year 2007-08. Adoption of Resolution No. 08-29 will allow the City to provide the necessary documentation to the State to secure the City's portion of these funds, which is $1,166,788.68 in Fiscal Year 2007-08. Recommendations: 14.a. Adopt resolution; and RESOLUTION NO. 08-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING RESOLUTION 07-29, THE CAPITAL IMPROVEMENT BUDGET APPROPRIATION FOR FISCAL YEAR 2007-08, TO ADJUST THE CAPITAL IMPROVEMENT PROGRAM BUDGET TO RECOGNIZE FUNDING FROM PROPOSITION 1B 14.b. Authorize staff to apply to the State Department of Finance for release of Proposition 1 B bond funds for this project. 15. 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. Recommendation: Award the construction contract for the Sycamore Avenue Storm Drain from School Lane to Del Amo Avenue (CIP No. 5033) to Garcia City Council Meeting May 6, 2008 Agenda Page 7 of 10 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. 16. ENVIRONMENTAL REVIEW, APPROVAL OF PLANS AND SPECIFICATIONS, AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CITRUS RANCH PARK PROJECT (CIP NO. 2046) The plans and specifications for the Citrus Ranch Park Project (CIP No. 2046) have been prepared and the project is now ready to be bid. An environmental checklist has been prepared for this project and based on the checklist the project will not result in additional impacts previously considered in the certified Final Environmental Impact Report for the East Tustin Specific Plan, which serves as a Program EIR for the proposed project. Recommendation: Adopt resolutions. RESOLUTION NO. 08-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR DEVELOPMENT OF A 17-ACRE COMMUNITY PARK SITE AT 2910 PORTOLA PARKWAY AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 08-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE CITRUS RANCH PARK PROJECT (CIP NO. 2046), AND AUTHORIZING ADVERTISEMENT FOR BIDS 17. ADJUST RATES FOR CITY ATTORNEY SERVICES The City's rates for city attorney services were last adjusted on July 1, 2005. The City Attorney is requesting that the rates be raised from $174.00 per hour to $195.00. Recommendation: Authorize the Mayor to execute an amendment to the City's existing agreement with Woodruff, Spradlin & Smart for legal services to increase the rates for legal services to $195.00 per hour for attorneys and $110 per hour for paralegals effective July 1, 2008 and provide for an automatic annual CPI adjustment up to five percent. In the event the CPI exceeded five percent in any year, City Council approval would be required for any additional amount. City Council Meeting May 6, 2008 Agenda Page 8 of 10 REGULAR BUSINESS ITEMS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 18 through 20) 18. AUTHORIZING THE CREATION OF A VOLUNTARY DONATION OPTION TO BE APPLIED TO CUSTOMERS OF THE CITY'S WATER SYSTEM The City Council directed staff to create a voluntary donation program for the benefit of the Tustin Community Foundation that can be implemented through the City's Utility Billing System. The attached Resolution formally creates this program and authorizes staff to include it as a separate line item on future water bills. Recommendation: Adopt resolution. RESOLUTION NO. 08-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ESTABLISHING A VOLUNTARY PROGRAM FOR MAKING DONATIONS TO THE TUSTIN COMMUNITY FOUNDATION FOR THE BENEFIT OF TUSTIN COMMUNITY SERVICE PROVIDERS 19. LEGISLATIVE REPORT: SB1185 Senate Bill 1185 (Lowenthal) would extend the expiration date by 24 months of any tentative map, vesting tentative map, or parcel map for which a tentative map or tentative vesting map has been approved. The bill also would extend the expiration date by 24 months of a legislative, administrative, or other approval by a state agency relating to a development project in a subdivision affected by the bill. A copy of the bill is included as Attachment A to this report. Recommendation: Take a position to support SB1185 and direct staff to transmit the draft letter of support to Senator Lowenthal. 20. LEGISLATIVE REPORTS: AB642, AB1815, AB3034, SB619 At the request of Council Member Bone, staff has reviewed AB 642, AB 1815, AB 3034, SB 619 and staff is recommending that the City send a letter of support for AB 642 and continue to monitor AB 1815, AB 3034, SB 619. Recommendation: Take a position to support AB642 and direct staff to transmit the draft letter, and continue to monitor AB1815, AB3034, SB619. City Council Meeting May 6, 2008 Agenda Page 9 of 10 OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting of the City Council is scheduled for Tuesday, May 20, 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 May 6, 2008 Agenda Page 10 of 10