HomeMy WebLinkAbout 00 CC AGENDA 8-05-08
CITY OF TUSTIN AUGUST 5, 2008
REGULAR MEETING OF THE COUNCIL CHAMBER
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 August 5, 2008 meeting of the
City Council. (Agenda Items A and B)
CALL TO ORDER
– Meeting #2193
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 – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section
54956.9(b) – Three (3) potential cases
B. 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
NOTE: As required by Senate Bill 343, any non-confidential writings or documents
provided to a majority of the City Council members regarding any item on this
agenda will be made available for public inspection in the City Clerk’s office
located at 300 Centennial Way, Tustin, CA during normal business hours.
REGULAR BUSINESS MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2193
INVOCATION - Father Al Baca, St. Cecilia’s Church
PLEDGE OF ALLEGIANCE – Councilmember Tony Kawashima
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney
PRESENTATIONS
• Mary Zamora
Proclamation presented by Mayor Amante to of Rose Marie Draperies
for her 47 years of successful business in the City of Tustin
• Bryan Glassman
Proclamation presented by Mayor Amante to for his invaluable
service on the Community Services Commission
• John Nielsen
Proclamation presented by Mayor Amante to for his invaluable
service on the Planning Commission
• Presentation by Don Ropele regarding Tustin Street Fair and Chili Cook-Off Event
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. If the item you wish to speak on is a public hearing, you
may wish to wait until the Council considers that item.
RECESS CITY COUNCIL MEETING AND CALL TO ORDER A JOINT MEETING OF
THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
JT.1. PUBLIC HEARING ITEMS: THE SECOND FIVE-YEAR IMPLEMENTATION
PLAN FOR THE MCAS TUSTIN REDEVELOPMENT PROJECT AREA FOR
FISCAL YEARS 2008-2009 TO 2012-2013
City Council Meeting August 5, 2008
Agenda Page 2 of 11
Redevelopment Agency and City Council approval is requested of the Second
Five-Year Implementation Plan for the MCAS Tustin Redevelopment Project
Area for Fiscal Years 2008-2009 to 2012-2013.
Recommendations:
a. Open the public hearing;
b. Receive public testimony; and
c. Close hearing.
Redevelopment Agency Action:
1. Adopt resolution.
RDA RESOLUTION NO. 08-04 - A RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING THE SECOND FIVE YEAR
IMPLEMENTATION PLAN FOR THE MCAS TUSTIN
REDEVELOPMENT PROJECT AREA FOR FISCAL YEARS 2008-2009
TO 2012-2013
City Council Action:
1. Adopt resolution.
RESOLUTION NO. 08-53 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SECOND
FIVE YEAR IMPLEMENTATION PLAN FOR THE MCAS TUSTIN
REDEVELOPMENT PROJECT AREA FOR FISCAL YEARS 2008-2009
TO 2012-2013
ADJOURN JOINT MEETING AND RECONVENE TO THE REGULAR CITY COUNCIL
MEETING
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 2)
2. PUBLIC HEARING: SUPPLEMENTAL LAW ENFORCEMENT SERVICES
FUND (SLESF)
City Council Meeting August 5, 2008
Agenda Page 3 of 11
In 1996, AB 3229 established the Citizen's Option for Public Safety (COPS)
grant program. Proceeds from the program can only be used for front line law
enforcement services that may include the purchase of new equipment, hiring
of additional personnel and increasing the opportunity for training of safety
personnel. This year, we have been notified that the Police Department is to
receive no less than $121,000 and no more than $135,000 in SLESF funding.
The Police Department is proposing to staff Crime Analyst position for third
consecutive year and purchase portable Motorola emergency radios.
Recommendations:
2.a. Open and close public hearing; and
2.b. Authorize usage of the funds as recommended by the Police
Department.
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 19)
3. APPROVAL OF MINUTES – REGULAR MEETING OF JULY 15, 2008
Recommendation: Approve the Regular City Council Meeting Minutes of July
15, 2008.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $944,454.03,
$928,795.24, and $4,128,697.40; and Payroll in the amount of $715,359.64
and $728,109.15.
5. PLANNING ACTION AGENDA – JULY 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.
6. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE GRAFFITI
REMOVAL PROGRAM
City Council Meeting August 5, 2008
Agenda Page 4 of 11
The City's contract with Graffiti Control Systems expires on November 20,
2008. To continue the City's graffiti removal program, it is necessary for the
City Council to authorize staff to advertise for contractor bids.
Recommendation: Authorize and direct the Community Development Director
to advertise for contractor bids to continue implementation of the City's graffiti
removal program.
7. CONSIDERATION OF CLAIM OF SOUTHERN CALIFORNIA EDISON,
CLAIM NO. 07-35
It is stated in this Claim that unknown City of Tustin contractors struck and
damaged Southern California Edison underground structures during their
construction. The reported cost to repair and/or replace the Claimant's
damaged facilities is $64,813.15.
Recommendation: Deny Claim Number 07-35, Southern California Edison,
and direct Staff to send notice thereof to the Claimant.
8. CONSIDERATION OF CLAIM OF ALAN A. MANNASON, NO. 08-16
The Attorney for the Claimant has filed this Claim with the statement, "This
claim is for indemnity and contribution for personal injury claim of Sean
Whiteley". This pertains to an auto versus pedestrian accident in which the
Claimant's vehicle struck a City of Tustin Police Officer.
Recommendation: That the City Council deny Claim Number 08-16, Alan A.
Mannason, and direct Staff to send notice thereof to the Claimant's Attorney.
9. CONSIDERATION OF CLAIM OF KATHLEEN DARILYN FINN, NO. 08-27
The Claimant reported that a large paint spill and freshly painted lettering
across traffic lanes spattered thick white paint over the passenger side of her
car. This occurred on Jamboree Road on February 27, 2008 - it was dark
outside at the time and the paint spill was not discovered until morning. The
cost to have the paint removed from the Claimant's vehicle was $109.95.
Recommendation: That the City Council deny Claim Number 08-27, Kathleen
Darilyn Finn, and direct Staff to send notice thereof to the Claimant.
10. DESTRUCTION OF RECORDS -CITY CLERK'S OFFICE
Resolution No. 01-91, the Record Retention/Disposition Schedule, permits
destruction of records and documents which meet certain criteria with the
approval of the City Attorney and the City Council.
City Council Meeting August 5, 2008
Agenda Page 5 of 11
Recommendation: Adopt resolution
RESOLUTION NO. 08-54 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE
POSSESSION OF THE CITY CLERK 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. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE TUSTIN SENIOR CENTER ROOF
REPLACEMENT PROJECT (CIP NO. 1032)
The plans and specifications for the Tustin Senior Center Roof Replacement
Project (CIP No. 1032) 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 is categorically exempt under California Environmental Quality Act
(CEQA) requirements.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-52 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE TUSTIN SENIOR CENTER ROOF
REPLACEMENT PROJECT (CIP 1032)
12. APPROVAL OF QUITCLAIM DEEDS (TEMPORARY CONSTRUCTION
EASEMENTS) IN CONJUNCTION WITH THE IRVINE BOULEVARD AND
NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO.
7118)
The Quitclaim Deeds from the City of Tustin for fifteen properties will remise,
release and forever Quitclaim temporary construction easements acquired for
the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP
No. 7118). The temporary construction easements were necessary to
construct the improvements for the subject project.
Recommendation: Approve the Quitclaim Deeds for the Irvine
Boulevard/Newport Avenue Intersection Enhancement Project (CIP No. 7118),
authorize the Mayor and City Clerk to execute the Quitclaim Deeds on behalf
of the City, and direct the City Clerk to record all of the documents with the
Orange County Recorder.
City Council Meeting August 5, 2008
Agenda Page 6 of 11
13. AMENDMENT NO. 2 TO AGREEMENT NO. D99-128 TO FUND NUTRIENT,
FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL)
STUDIES IN THE NEWPORT BAY WATERSHED
Amendment No. 2 to Cooperative Agreement No. D99-128 will extend the
term of Agreement No. D99-128 an additional two years. Agreement No. D99-
128 provides for the joint funding of Nutrient, Fecal Coliform, and Toxics
studies in the Newport Bay Watershed pursuant to provisions of Section
303(d) of the Clear Water Act and the Municipal National Pollutant Discharge
Elimination System (NPDES) Stormwater Permit as adopted by the Santa Ana
Regional Water Quality Control Board.
Recommendation: Approve Amendment No. 2 to Agreement No. D99-128
"Agreement to Fund Nutrient, Fecal Coliform, and Toxics Total Maximum Daily
Load (TMDL) Studies in the Newport Bay Watershed' and authorize the Mayor
and City Clerk to execute the agreement on behalf of the City.
14. POLICE DEPARTMENT: AUTHORIZATION TO PURCHASE ONE KUSTOM
SIGNALS, INC. SMART 850 MOBILE RADAR SPEED TRAILER
Recommendation: Approve the purchase of one (1) Smart 850 Mobile Radar
Speed Trailer to Kustom Signals, Inc. Lenexa, KS, in the amount of $7,083.56.
15. POLICE DEPARTMENT VEHICLE PURCHASES AND CONVERSION
PACKAGES
Recommendations:
15.a. Approve the purchase of four (4) 2008 Police Package Dodge Chargers
from McPeek's Dodge of Anaheim, California in the amount of
$98,669.35 (Including tax, license, and delivery); and
15.b. Approve the purchase of equipment conversion packages from North
Star Electronics in Downey, California in the amount of $43,254.26.
The total conversion cost includes the purchase and installation of
safety lighting system to equip ten (10) existing Dodge Charger patrol
vehicles due to officer safety and visibility issues.
16. RESPONSE TO REQUEST FOR COMMENTS ON LONG RANGE
ACADEMIC AND FACILITY PLANS FOR THE ADVANCED TECHNOLOGY
EDUCATION CAMPUS (ATEP) AND INITIAL STUDY
The South Orange County College District (SOCCCD) has requested
comments on their Long Range Academic and Facility Plans for the Advanced
Technology Education Campus (ATEP) and on an Initial Study evaluating the
environmental impacts of the Long Range Plan.
City Council Meeting August 5, 2008
Agenda Page 7 of 11
Recommendation: Authorize transmittal to South Orange County Community
College District of attached comment letters on the Long Range Academic
and Facility Plans for the Advanced Technology Education Campus (ATEP)
and Initial Study.
17. "TUSTIN TOWN CENTER, NEW BEGINNINGS" STUDY UPDATE
A request has been received for an update on the status of the "Tustin Town
Center, New Beginnings" Study.
Recommendation: No action required at this time.
18. AUTHORIZATION TO SOLICIT BIDS FOR TWO RIGHT-DRIVE TRUCKS
FOR WATER SERVICES DIVISION'S METER READING ACTIVITIES
Authorize City staff to solicit bids for the acquisition of two (2) right-drive trucks
required for the City of Tustin's meter reading service.
Recommendation: Authorize the City Clerk to advertise and solicit bids from
qualified vendors for the acquisition of two (2) right-drive trucks.
19. AUTHORIZATION TO PURCHASE METER READING EQUIPMENT
Authorize City staff to purchase meter reading equipment and software for use
by the Finance Department. The equipment would be used by the meter
readers (new position) in the performance of their duties. The City currently
contracts the meter reading service with Alexander's Inc., which will be
discontinued when the City's meter reading service is ready for deployment.
Recommendations:
19.a. Authorize the Finance Department to purchase the ITRON meter
reading equipment from Inland Water Works Supply Co. in the amount
of $26,000, which includes $1,080 for the first year's maintenance; and
19.b. Appropriate $13,000 from the unappropriated reserves of the Water
Operations Fund.
City Council Meeting August 5, 2008
Agenda Page 8 of 11
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 20 through 24)
20. SET INTERVIEW DATE FOR VACANCIES ON PLANNING AND
COMMUNITY SERVICES COMMISSIONS
Staff is requesting that the City Council set a date and time to conduct
interviews to fill unexpired terms on the Planning and Community Services
Commissions.
Recommendation: Pleasure of the City Council.
21. REQUEST FOR FEE WAIVER PERMIT FOR THE TUSTIN PUBLIC
SCHOOLS FOUNDATION 2008 DINOSAUR DASH
The Tustin Public Schools Foundation has requested a waiver of staff costs,
equipment rental and permit fees for the 2008 Dinosaur Dash, which will be
held on Sunday, November 2, 2008.
Recommendation: Grant a fee waiver of $5,400 representing 50% of staff
costs and equipment and issue a permit for the 2008 Dinosaur Dash.
22. APPROVAL OF PERMIT PARKING ON RAWLINGS WAY, WEST OF
TUSTIN RANCH ROAD, FOR LADERA ELEMENTARY SCHOOL
PERSONNEL ONLY
A request by the Tustin Unified School District (TUSD) has been received to
provide parking on Rawlings Way, west of Tustin Ranch Road, due to a lack
of existing on-site parking capacity at Ladera Elementary School to support a
large Special Needs Program at this location. As a result, this has
substantially increased parking demand for school personnel within the
existing school parking lot. Consequently, "restricted' permit parking is
recommended for implementation on the south side of Rawlings Way, west of
Tustin Ranch Road, for use by Ladera Elementary School personnel only (i.e.
teachers and staff members).
Recommendation: Adopt resolution.
RESOLUTION NO. 08-48 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PERMIT
PARKING ON THE SOUTH SIDE OF RAWLINGS WAY, WEST OF
TUSTIN RANCH ROAD, FOR USE BY LADERA ELEMENTARY
SCHOOL PERSONNEL ONLY
City Council Meeting August 5, 2008
Agenda Page 9 of 11
23. OPPOSITION TO FISCALLY IRRESPONSIBLE STATE BUDGET
DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT,
REDEVELOPMENT AND TRANSPORTATION FUNDS
Councilman Bone requested that Resolution No. 08-55 be considered by the
City Council in light of discussions in the State Legislature about diverting
additional local government income in order to balance the State budget.
Based on the latest estimates, the City of Tustin would lose approximately
$3.2 million in income in fiscal year 2008-09, if the State enacted the
"borrowing" provision of Proposition 1 A.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-55 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, OPPOSING FISCALLY
IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD
"BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND
TRANSPORTATION FUNDS
24. LEGISLATIVE REPORTS – MISCELLANEOUS
Staff has prepared two (2) agenda reports that discuss the following legislative
items:
• AQMD PROPOSED RULE 2301 -CONTROL OF EMISSIONS FROM NEW
OR REDEVELOPMENT PROJECTS
The Air Quality Management District is currently drafting Proposed Rule
2301 to develop a regulatory approach that will ensure that development
and redevelopment projects are consistent with clean air goals for the
region.
Staff recommends that the City Council take no action at this time.
• PROP. 10: THE CALIFORNIA RENEWABLE ENERGY AND CLEAN
ALTERNATIVE FUEL ACT
Proposition 10 will be on the November 2008 ballot and is intended to
implement new programs to encourage the use of alternative fuels and
alternative energy sources. The measure authorizes the issuance of $5
billion in bonds. Staff is recommending that the City Council oppose the
measure due to the burden the bond financing will place on the State's
General Fund.
City Council Meeting August 5, 2008
Agenda Page 10 of 11
Staff recommends that the City Council oppose Proposition 10 due to the
burden that the bond measure and program implementation will place
upon the State of California's General Fund.
Additionally, Council may request staff to prepare informational reports, and/or
letters of support/opposition on legislative matters that are time-sensitive and
were not agendized.
Recommendation: Pleasure of the City Council.
OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City
Council
ADJOURNMENT – The next meeting of the City Council is scheduled for Tuesday,
September 2, 2008 at 5:30 p.m. for the Closed Session Meeting
followed by the Regular Business Meeting at 7:00 p.m. in the Council
Chamber, 300 Centennial Way, Tustin, California.
NOTE: The Regular Meeting of August 19, 2008 has been cancelled.
City Council Meeting August 5, 2008
Agenda Page 11 of 11