HomeMy WebLinkAbout00 CC AGENDA 9-02-08
CITY OF TUSTIN SEPTEMBER 2, 2008
SPECIAL/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
SPECIAL MEETING
5:00 P.M.
CALL TO ORDER
– Meeting #2194
ATTENDANCE
PUBLIC INPUT
– Members of the public may address the City Council on items on the
Closed Session Agenda.
REGULAR BUSINESS ITEM
INTERVIEW AND APPOINT MEMBERS TO THE PLANNING AND COMMUNITY
SERVICES COMMISSIONS
The City Council will conduct interviews and appoint one (1) member to the Planning
Commission and one (1) member to the Community Services Commission. The Planning
Commissioner selected will serve until March 1, 2009 or until their respective successor
is appointed and qualified. The Community Services Commissioner selected will serve
until March 1, 2010 or until their respective successor is appointed and qualified.
The City Clerk’s Office received three applications for each of the commissions as follows:
Planning Commission:
ENGIE, KEAN
KASALEK, MARGE
SAMRA, MANDIP KAUR
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.
Community Services Commission:
ADELSECK, DANIEL
COOPER, BARRY
HALL, JANICE M
Recommendations:
a. Interview Planning and Community Services Commission candidates; and
b. Cast ballots to determine appointments and City Clerk to announce results.
ADJOURNMENT
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 September 2, 2008 meeting of
the City Council. (Agenda Items A through E)
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 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 September 2, 2008
Agenda Page 2 of 10
B. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION pursuant to
Section 54956.9, subsection (a) of the Government Code:
1) Two (2) related cases: City of Newport Beach and City of Tustin v. City of
Irvine et al. Case No. 07CC01264 (Martin St.); and City of Newport Beach
and City of Tustin v. City of Irvine et al. Case No.07CC01265 (2851 Alton)
C. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION pursuant to
Section 54956.9, subsection (c) [decision whether to initiate litigation] - Two (2)
cases
D, CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section
54956.9(b) – Two (2) potential cases.
E. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 – Claims of
Dianna Lynn Perrone Nos. 08-31 and 08-33.
REGULAR BUSINESS MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2194
INVOCATION – Father Al Baca, St. Cecilia’s Church
PLEDGE OF ALLEGIANCE
– Councilmember Jim Palmer
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney
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.
City Council Meeting September 2, 2008
Agenda Page 3 of 10
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. CONTINUE PUBLIC HEARING TO CONSIDER APPROVAL OF THE CITY'S
HAZARD MITIGATION PLAN
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 December 4, 2008 in order for the Federal Emergency
Management Agency (FEMA) to review and approve the plan.
Recommendation: Staff recommends that the City Council continue the public
hearing to December 4, 2008.
2. PUBLIC HEARING: ANNUAL REVIEW AND AMENDMENT TO THE
COMPREHENSIVE SCHEDULE OF FEES AND CHARGES FOR CITY
SERVICES
Annually, City departments review the Comprehensive Schedule of Fees and
Charges as they apply to their respective departments. The Building Division,
Parks and Recreation, and Public Works Department have identified some
fees that need to be modified or deleted. Proposed modifications to the Fee
Schedule are outlined in agenda report and are included in Resolution No. 08-
60. Said resolution deletes, adds, and/or modifies only a small percentage of
fees, with the bulk of the fee schedule remaining the same.
Recommendations:
2.a. Open and close public hearing; and
2.b. Adopt resolution.
RESOLUTION NO. 08-06 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN AMENDING THE CITY-WIDE
COMPREHENSIVE SCHEDULE OF FEES AND REPEALING
RESOLUTION NO. 07-60
City Council Meeting September 2, 2008
Agenda Page 4 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 15)
3. APPROVAL OF MINUTES – REGULAR MEETING OF AUGUST 5, 2008
Recommendation: Approve the Regular City Council Meeting Minutes of August
5, 2008.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $2,222,501.62,
$2,063,316.34, and $1,489,152.34; and Payroll in the amount of $704,470.51
and $734,786.58.
5. CONSIDERATION OF CLAIM OF MARIA GUZMAN, CLAIM NO. 08-28
This is a claim of a trip and fall over a defect which the Claimant described as
a change in elevation in a bike lane. She listed her injuries as fractures of both
arms and a contusion with possible internal derangement to her left knee. This
has been marked as an unlimited civil case.
Recommendation: Deny Claim Number 08-28, Maria Guzman, and direct
Staff to send notice thereof to the Claimant's Attorney.
6. AUTHORIZATION FOR THE STATE TO PURCHASE ONE JOHN DEERE
BACKHOE/LOADER
Approval of Resolution No. 08-61 will authorize the General Services
Department of the State of California to purchase one current model year John
Deere backhoe/loader on behalf of the City of Tustin.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-61 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE
DEPARTMENT OF GENERAL SERVICES OF THE STATE OF
CALIFORNIA TO PURCHASE CERTAIN ITEMS.
City Council Meeting September 2, 2008
Agenda Page 5 of 10
7. MISCELLANEOUS FURNITURE AND FURNISHINGS PURCHASES FOR
TUSTIN LIBRARY PROJECT
City Council approval is requested to authorize purchase of certain furniture
for the Tustin Library through the California Multiple Award Schedules (CMAS)
and authorization for the advertisement of bids for other remaining
miscellaneous furniture purchases for the project.
Recommendations:
7.a. Adopt resolution; and
RESOLUTION NO. 08-58 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING
PARTICIPATION IN THE STATE OF CALIFORNIA MULTIPLE
AWARD SCHEDULE (CMAS) PURCHASING PROGRAM FOR
PURCHASE OF MISCELLANEOUS FURNITURE AND FURNISHINGS
FOR THE NEW TUSTIN
7.b. Authorize the advertisement of bids for the miscellaneous furniture for
the Tustin Library.
8. WORKING CAPITAL LOAN AND ADMINISTRATIVE SERVICES
AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
The approval of this loan and administrative services agreement between the
City of Tustin and the Tustin Community Redevelopment Agency will comply
with Section 33675 of the California Health and Safety Code regarding the
allocation and payment of tax increment to Redevelopment Agencies, and
provide the resources necessary to carry out the Agency's programs.
Recommendations:
8.a. Approve Working Capital loan of $4,650,000 to the South Central
Project Area through August 31, 2009.
8.b. Authorize the Mayor and the Chairperson of the Agency to execute the
attached agreement for 2008-2009, offering and accepting a loan and
various services from the City to the Agency totaling $5,725,000 for
fiscal year 2008-2009.
9. PLANNING ACTION AGENDA – AUGUST 26, 2008
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
City Council Meeting September 2, 2008
Agenda Page 6 of 10
Recommendation: Receive and file.
10. TUSTIN LEGACY PARK BUILDINGS C-4 AND 93
A Facility Architectural and Needs Assessment to determine the feasibility of
effectively renovating Building 93 and C-4 on the Tustin Legacy 25-Acre Park
site has been recently completed.
Recommendation: Concur with Staff's recommendation for demolition of
Building C-4 and 93 as part of the design and planning process for the future
Tustin Legacy Community Park.
11. AWARD OF CONTRACT FOR DEMOLITION AND REMOVAL OF
BUILDINGS AND STRUCTURES ON FUTURE TUSTIN LEGACY PARK
SITE (CIP NO. 2043)
Formal bids for the Demolition and Removal of Buildings and Structures on
Future Tustin Legacy Park Site (CIP No. 2043) have been received and a
construction contract is ready to be awarded to the lowest
responsive/responsible bidder.
Recommendations:
11.a. Transfer $124,400.00 from the Tustin Legacy Enterprise Fund (Fund
18) to the Tustin Legacy Park CIP Project Fund (2043); and
11.b. Award the construction contract Base Bid Item Numbers 1 through 4
and Additive Bid Item Numbers A1 through A6 to Wreck Age
Demolition, Inc., the lowest responsive and responsible bidder, in the
amount of $158,600.00, and authorize the Mayor and the City Clerk to
execute the contract documents on behalf of the City.
12. AWARD OF CONTRACT FOR CONSTRUCTION OF THE CITRUS RANCH
PARK PROJECT (CIP NO. 2046)
Formal bids for the Citrus Ranch Park Project (CIP No. 2046) have been
received and a construction contract is ready to be awarded to the lowest
responsive/responsible bidder.
Recommendation: Award the construction contract for the Citrus Ranch Park
Project (CIP No. 2046) to ValleyCrest Landscape Development, Inc., the
lowest responsive and responsible bidder, in the amount of $4,415,942.12,
and authorize the Mayor and the City Clerk to execute the contract documents
on behalf of the City.
City Council Meeting September 2, 2008
Agenda Page 7 of 10
13. APPROVAL OF COOPERATIVE AGREEMENT BETWEEN THE ORANGE
COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF TUSTIN
FOR EXPANSION OF PARKING CAPACITY AT THE TUSTIN METROLINK
STATION
The Orange County Transportation Authority (OCTA) is requesting that the
City of Tustin enter into Cooperative Agreement No. C-7-1195 that would
allow the OCTA to proceed with design and construction of an 825 space
parking structure to serve the Metrolink Expansion Program.
Responsibility for ownership, operation and maintenance of the train station
will be deferred to a later date, pending further discussion with the OCTA and
is not a part of this agreement. In accordance with this cooperative
agreement, construction will not begin until this issue is resolved.
Recommendation: Approve Cooperative Agreement No. C-7-1195 with the
Orange County Transportation Authority for design and construction of
Expansion of Parking Capacity at the Tustin Metrolink Station, and authorize
the Mayor and City Clerk to execute the document on behalf of the City.
14. APPROVAL OF A CONSULTANT SERVICES AGREEMENT WITH WILLDAN
HOMELAND SOLUTIONS TO PROVIDE NATIONAL INCIDENT
MANAGEMENT SYSTEM TRAINING FOR CITY STAFF
Federal regulations require that City personnel acting as emergency response
workers be provided with specific levels of emergency management training.
Staff is recommending that the City Council approve a Consultant Services
Agreement with Willdan Homeland Solutions to conduct all required training
for City personnel.
Recommendation: Approve a Consultant Services Agreement with Willdan
Homeland Solutions in the amount of $68,200 to provide federally required
training in the National Incident Management System.
15. APPROVAL OF COOPERATIVE AGREEMENT BETWEEN THE ORANGE
COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF TUSTIN
FOR RAIL-HIGHWAY CROSSING SAFETY ENHANCEMENTS AND
SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION AT
THE RED HILL AVENUE RAILROAD CROSSING
The Orange County Transportation Authority (OCTA) is requesting that the
City of Tustin enter into Cooperative Agreement No. C-8-0863, thereby
allowing the OCTA to proceed with design and construction of safety
enhancements at the Red Hill Avenue railroad crossing. The OCTA Board of
Directors approved the cooperative agreement on August 25, 2008.
Completion of the safety enhancements will allow the City to file a Notice of
Establishment of a Quiet Zone with the Federal Rail Authority.
City Council Meeting September 2, 2008
Agenda Page 8 of 10
Recommendation: Approve Cooperative Agreement No. C-8-0863 with the
Orange County Transportation Authority for Rail-Highway Crossing Safety
Enhancements and Safety Measures Related to Quiet Zone Implementation at
the Red Hill Avenue railroad crossing, and authorize the Mayor and City Clerk
to execute the document on behalf of the City.
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 16 through 18)
16. PETITION TO ANNEX TERRITORY TO CITY OF TUSTIN COMMUNITY
FACILITIES DISTRICT NO. 06-1
When Tustin Community Facilities District No. 06-1 was created by the City
Council in July 2006, a small portion of the property was within a LIFOC (Lease
in Furtherance of Conveyance) area and still owned by the Department of the
Navy. The additional area has been released by the Navy and transferred to
Moffett Meadows Partners, LLC., Lennar Homes of California, Inc., and
LandSource Holding Company, LLC, (collectively, the "Landowner"). Under the
Mello-Roos Community Facilities Act, the Landowner has petitioned the City to
annex approximately 46 parcels to CFD 06-1.
Recommendations:
16.a. Accept the Landowner's petition to annex territory to Community Facilities
District No. 06-1; and
16.b. Adopt resolution.
RESOLUTION NO. 08-62 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, OF INTENTION TO ANNEX
TERRITORY TO CITY OF TUSTIN COMMUNITY FACILITIES
DISTRICT N0.06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES)
17. 2007 TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM FAIR
SHARE ANALYSIS UPDATE
A 2007 updated analysis has been completed of the fair share contributions
required of development areas at Tustin Legacy to finance public facilities
needed to serve new development.
Recommendation: Review and approve the 2007 Tustin Legacy Backbone
Infrastructure Program Fair Share Analysis and instruct City Staff to utilize the
City Council Meeting September 2, 2008
Agenda Page 9 of 10
fair share allocations for specific development areas pursuant to required Final
EIS/EIR mitigation for development at Tustin Legacy, contractual agreements
with developers at Tustin Legacy, conditions of entitlement approval for
specific development projects at Tustin Legacy in both Tustin and Irvine and in
any and all property negotiations for disposition by the City of property at
Tustin Legacy.
18. LEGISLATIVE REPORTS – MISCELLANEOUS
Staff has prepared one (1) agenda report that discusses the following
legislative item:
• SB 974 PORTS: CONGESTION RELIEF: AIR POLLUTION
MITIGATION: REGULATORY FEE
SB 974 is intended to provide a funding mechanism for various traffic
and air pollution mitigations measures related to port operations at the
Ports of Long Beach, Los Angeles and Oakland. Staff is recommending
that the City Council send a letter of support to the Governor.
Staff recommends that the City Council send a letter of support for
Senate Bill 974 to the Governor urging the Governor to sign the
legislation into law.
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 16, 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.
ADJOURN IN MEMORY OF
C. ARTHUR NISSON
City Council Meeting September 2, 2008
Agenda Page 10 of 10