HomeMy WebLinkAbout00 CC AGENDA 06-03-08
CITY OF TUSTIN JUNE 3, 2008
REGULAR MEETING OF THE COUNCIL CHAMBER
#2189
CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
Doug Davert, Mayor Pro Tem
William A. Huston, City Manager
Lou Bone, Councilmember
Douglas Holland, City Attorney
Jerry Amante, Mayor
Tony Kawashima, Councilmember
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 June 3, 2008 meeting of the City
Council. (Agenda Items A and B)
CALL TO ORDER
– Meeting #2189
ATTENDANCE
PUBLIC INPUT
– Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION ITEM
A. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION
pursuant to Government Code Section 54956.9(b)3.E – Two (2) Cases
B. 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 and Colm Macken representative for
Tustin Legacy Community Partners (TLCP)
Under Negotiation: Terms of Conveyance
City Council Meeting June 3, 2008
Agenda Page 1 of 7
PUBLIC MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2189
INVOCATION – Father Christopher Tuan Pham, St. Cecilia’s Church
PLEDGE OF ALLEGIANCE – Councilmember Jim Palmer
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney
PRESENTATIONS
?
Proclamation presented by Mayor Amante to Nancy Brock for earning the Girl
Scout Gold Award
?
Proclamation presented by Mayor Amante to Assistant Principal Joanne Motter
of Tustin High School in recognition of being a top ranking public high school
?
Certificates of Recognition presented by Mayor Amante to the following Tustin
Pride essay/poster contest winners:
“How can I keep Tustin clean, safe, and beautiful?”
Armanie Blanchard Ratthe Tustin Ranch Elementary Grade 1 Poster
Kayli Sandoval Tustin Ranch Elementary Grade 1 Essay
Syed Immad Ali Tustin Memorial Academy Grade 2 Poster
Michelle Negrete Beswick Elementary Grade 2 Essay
Nina Long Peters Canyon Elementary Grade 3 Poster
Samual Steinberg Arroyo Elementary Grade 3 Essay
Christine Do Tustin Memorial Academy Grade 4 Essay
Annlise Gushue Arroyo Elementary Grade 4 Poster
Kaylene Guerrero Beswick Elementary Grade 5 Poster
Sara Betts Veeh Elementary Grade 5 Essay
Yanet Miranda Utt Middle School Grade 8 Poster
Raquel Duarte Utt Middle School Grade 8 Essay
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 June 3, 2008
Agenda Page 2 of 7
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 10)
1. APPROVAL OF MINUTES – REGULAR MEETING OF MAY 20, 2008
Recommendation: Approve the Regular City Council Meeting Minutes of May
20, 2008.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $2,015,905.69 and
$1,796,773.95; Reversals in the amount of $9,032.10; and Payroll in the
amount of $667,784.07.
3. PLANNING ACTION AGENDA – MAY 27, 2008
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Recommendation: Receive and file.
4. INTRODUCTION OF ORDINANCE NO. 1353 PERTAINING TO AUDIT
COMMISSION REQUIREMENTS
Ordinance no. 1353 will update section 1538 of the Tustin City Code to modify
the residency requirements for members of the Audit Commission.
Recommendation: Introduce and waive first reading of Ordinance No. 1353
by title only and set for second reading at the Council's June 17, 2008
meeting.
ORDINANCE NO. 1353 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION
1538 OF THE TUSTIN CITY CODE REGARDING THE AUDIT
COMMISSION
5. DECLARATION OF SURPLUS OFFICE FURNITURE
Recommendation: Declare the furniture detailed in report as surplus and not
required for public use in accordance with the Tustin City Code, Section 1626
City Council Meeting June 3, 2008
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and authorize the Public Works Department to sell the furniture at public
auction.
6. AWARD OF CONTRACT FOR CONSTRUCTION OF THE VALENCIA
AVENUE, ARMSTRONG AVENUE, KENSINGTON PARK DRIVE AND
LANSDOWNE ROAD PAVEMENT FINISH SURFACE (CIP NO. 7188)
Recommendation: Award the construction contract for the Valencia Avenue,
Armstrong Avenue, Kensington Park Drive and Lansdowne Road Pavement
Finish Surface (CIP No. 7188) to Hardy & Harper, Inc., the lowest responsible
and responsive bidder, in the amount of $955,000.00; 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 GENERAL FUND AREAS AND THE TUSTIN LEGACY PARCELS
WITH SPECTRUMCARE LANDSCAPE & IRRIGATION MANAGEMENT,
INC.
Approval of the third contract amendment will extend the agreement for
landscape maintenance services for the General Fund areas and the Tustin
Legacy parcels for the period from July 1, 2008 to June 30, 2009 and will
provide a price increase of 3.3% for only the General Fund areas. The
amendment also provides for the addition of landscape maintenance services
for additional landscape areas.
Recommendation: Approve the third amendment to the contract agreement
between SpectrumCare Landscape & Irrigation Management, Inc. and the
City of Tustin for landscape maintenance services for the General Fund
areas and the Tustin Legacy parcels, subject to City Attorney approval.
8. EMERGENCY REPAIR OF WALNUT WELL
Walnut Well recently experienced a mechanical failure. Detailed inspection
determined that various parts of the well pump and shaft need to be replaced
to make the well operable. It is critical that Walnut Well be returned to service
as quickly as possible to meet the operational, emergency, and fire flow
requirements of the City's water service area.
Recommendations:
8.a. Adopt resolution (Requires a four-fifths vote); and
RESOLUTION NO. 08-35 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA DECLARING THAT THE
PUBLIC INTEREST AND NECESSITY DEMANDED THE IMMEDIATE
City Council Meeting June 3, 2008
Agenda Page 4 of 7
EXPENDITURE OF PUBLIC MONEY TO REPAIR WALNUT WELL
TO SAFEGUARD LIFE, HEALTH, AND PROPERTY
8.b. Authorize the $63,453.60 from the Water Division's FY 2007-08
Operations Budget to complete repairs to Walnut Well.
9. AWARD OF CONTRACT TO PROCURE TWO MOBILE AIR
COMPRESSORS FOR WATER DIVISION CONSTRUCTION AND
MAINTENANCE ACTIVITIES
One bid was received from a qualified bidder on May 22, 2008. Staff has
reviewed the bid, and determined that the prospective vendor has fully met
the bid and specification requirements.
Recommendation: Award the contract to purchase two (2) mobile air
compressors for Water Division maintenance/construction activities to Volvo
Construction Equipment and Services in the amount of $28,876.15.
10. AGREEMENT WITH THE ORANGE COUNTY DISTRICT ATTORNEY FOR
PROSECUTION SERVICES
The agreement for prosecution services with the District Attorney will expire
on June 30, 2008. The District Attorney's office generally prosecutes Penal,
Health and Safety, and Vehicle Code violations referred by the Tustin Police
Department. If referred by the City, the District Attorney's Office may also
prosecute violators of the Tustin City Code. The proposed term of the
agreement is for a five-year period beginning July 1, 2008 and terminating on
June 30, 2013..
Recommendation: Authorize the Mayor to execute a Prosecution Services
Agreement with the Orange County District Attorney.
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 11 through 14)
11. SET DATE FOR FISCAL YEAR 2008-09 BUDGET WORKSHOP
Staff suggests that the City Council schedule a Budget Workshop for 4:30
p.m. on Tuesday, July 1, 2008. The draft budget will be submitted to the City
Council prior to the budget workshop.
Recommendation: Pleasure of the City Council.
City Council Meeting June 3, 2008
Agenda Page 5 of 7
12. APPROVAL OF FINAL REPORT FOR CITY-INITIATED TRANSIT
EXTENSIONS TO METROLINK (THE "GO LOCAL STEP 1" PROGRAM)
AND AUTHORIZATION TO PURSUE THE "GO LOCAL STEP 2" PROGRAM
In order to address future Metrolink service expansion, the Orange County
Transportation Authority (OCTA) developed a program known as "GO
LOCAL" to plan and implement City-initiated transit extension to OCTA's
Metrolink Commuter Rail Line. Step 1 of the "GO LOCAL" Program provided
a $100,000 grant to study possible extensions to the Metrolink line. A final
report containing recommendations to expand existing transit service and
improve bicycle and pedestrian access to the Tustin Metrolink Station has
been prepared for City Council review and approval and is included in the
Step 2 of the "GO LOCAL" Program. Step 2 is a process where the
participating cities will compete for additional funding to further develop the
most promising projects.
Recommendation: Approve the final report for the "GO LOCAL Step 1"
Program and authorize submittal of the final report to OCTA for consideration
under the "GO LOCAL Step 2" competitive process.
13. AGREEMENT WITH TUSTIN UNIFIED SCHOOL DISTRICT FOR
CONVEYANCE OF PROPERTY AT TUSTIN LEGACY
Approval is requested of a package of documents in connection with an
agreement between the City of Tustin (the "City") and the Tustin Unified
School District ("TUSD") for conveyance of a portion of property at Tustin
Legacy and the establishment of an Elementary School and High School at
Tustin Legacy.
Recommendations:
13.a. Adopt resolution; and
RESOLUTION NO. 08-38 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT PURSUANT TO
PUBLIC RESOURCES CODE SECTION 2116 AND SECTION 15168(c)
OF STATE CEQA GUIDELINES THE PROJECT IS WITHIN THE SCOPE
OF THE FINAL JOINT PROGRAM MCAS ENVIRONMENTAL IMPACT
STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN
FEIS/EIR) AND NO NEW ENVIRONMENTAL DOCUMENT IS
REQUIRED; APPLICABLE MITIGATION MEASURES HAVE BEEN
INCORPORATED INTO THE PROJECT OR WILL BE CONDITIONS OF
APPROVAL ON PENDING ENTITLEMENT APPLICATIONS
13.b. Approve the Agreement between the City of Tustin and the Tustin Unified
School District for Conveyance of a Portion of MCAS Tustin and the
Establishment of an Elementary School and High School (the
City Council Meeting June 3, 2008
Agenda Page 6 of 7
"Agreement") and ancillary supporting documents, subject to any non-
substantive modifications as may be determined necessary by the City
Manager, or as recommended by the City's special counsel or City
Attorney; authorize the City Manager, or Assistant City Manager, to
execute the Agreement and transmit said Agreement to TUSD and to take
all actions necessary to implement the Agreement, including execution of
all related documents, instruments, Quitclaim Deeds, the Sublease, the
Bill of Sale, any Representations by the City, any necessary escrow
closing documents to transfer subject properties to TUSD pursuant to
provisions of the Agreement.
14. LEGISLATIVE REPORTS – MISCELLANEOUS
Staff has prepared two (2) agenda reports that discuss the following
legislative items:
o Assembly Bill 3034: Safe, Reliable High Speed Passenger Train Bond
Act for the 21st Century (Galgiani)
Staff recommends that the City Council take a position of support on
AB3034 only if the bond measure is amended to exclude funding for
the segment in the LOSSAN corridor south of Anaheim and direct staff
to transmit the draft letter included in agenda report.
o H.R. 3121: Flood Insurance Reform and Modernization Act of 2007
Staff recommends that the City Council take a position of opposition
and direct staff to transmit the draft letter included in the agenda
report.
Additionally, Council may request staff to prepare informational reports, and/or
letters of support/opposition on legislative matters that were not agendized.
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, June 17, 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 June 3, 2008
Agenda Page 7 of 7