HomeMy WebLinkAbout08 CC Action AgendasITEM #8
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~'lanning Commission
DATE: SEPTEMBER 23, 2008
SUBJECT: CITY COUNCIL ACTION AGENDA
SEPTEMBER 2 AND SEPTEMBER 16, 2008
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
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ATTACHMENT: CITY COUNCIL ACTION AGENDA
SEPTEMBER 2 AND SEPTEMBER 16, 2008
ACTION AGENDA
OF THE SPECIAL MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
SEPTEMBER 2, 2008
CALLED TO ORDER MEETING #2194 AT 5:03 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
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.
Following oral interviews, Council completed ballots and Chief Deputy City Clerk Huizar
announced the results.
Planning Commission -The following qualified candidates have submitted an application
for the Planning Commission:
The City Clerk's Office received three applications for Planning Commission as
follows:
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.
Ballots were cast by Council to fill one unexpired terms on the Planning
Commission, as follows:
Amante: Kasalek
Bone: Kasalek
Davert: Kasalek
Kawashima: Samra
Palmer: Samra
Chief Deputy City Clerk Huizar reported the ballot tally as follows: Kasalek (3 votes)
and Samra (2 votes). By majority vote appointed Marge Kasalek to the Planning
Commission.
Community Services Commission -The following qualified candidates have submitted an
application for the Community Services Commission:
/ ADELSECK, DANIEL
/ COOPER, BARRY
/ HALL, JANICE M
Ballots were cast by Council to fill one unexpired term on the Community Services
Commission, as follows:
Amante: Hall
Bone: Adelseck
Davert: Hall
Kawashima: Cooper
Palmer: Cooper
Chief Deputy City Clerk Huizar reported the ballot tally as follows: Hall (2 votes);
Adelseck (1 vote); and Cooper (2 votes). Tie vote between Hall and Cooper.
Revote taken, as follows:
Amante: Hall
Bone: Hall
Davert: Hall
Kawashima: Hall
Palmer: Cooper
Chief Deputy City Clerk Huizar reported the ballot tally as follows: Hall (4 votes) and
Cooper (1 vote). By majority vote appointed Janice Hall to the Community Services
Commission.
ADJOURNED - 5:29 P.M.
City Council Meeting September 2, 2008
Action Agenda Page 2 of 13
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
SEPTEMBER 2, 2008
CALLED TO ORDER MEETING #2194 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
Citv 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.
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. 070001264 (Martin St. ); and City of Newport Beach
and City of Tustin v. City of Irvine et al. Case No.070001265 (2851 Alton)
C. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION pursuant to
Section 54956.9, subsection (c) [decision whether to initiate litigation] - Two (2)
City Council Meeting September 2, 2008
Action Agenda Page 3 of 13
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.
City Attorney noted for the record that one of the Pending Litigation items is regarding
Qualified Patients Association vs. City of Anaheim, which will be discussed during
Closed Session.
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 same
members present.
REGULAR BUSINESS MEETING
CALL TO ORDER MEETING #2194 AT 7:01 P.M.
INVOCATION -Seminarian Benjamin Hoang, St. Cecilia's Church
PLEDGE OF ALLEGIANCE - Councilmember Jim Palmer
ROLL CALL
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
Councilmembers Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
CLOSED SESSION REPORT -Council authorized City Attorney to participate in Amicus
Brief in Qualified Patients Association vs. City of Anaheim; Council also denied 2 claims of
City Council Meeting September 2, 2008
Action Agenda Page 4 of 13
Diana Lynn Perrone; and Council authorized filing of a Code Enforcement matter in a
case once filed will be made part of the record.
ORAL COMMUNICATION /PUBLIC INPUT
• Bob Machado spoke on behalf of Tustin Area Council for Fine Arts, thanked Field
Services and Parks & Recreation Departments for hard work and assistance during
Broadway in the Park production in August.
• Kim Leason, resident of Tustin Meadows and Chairman of Tustin Pride, spoke in
support of proposed parking regulations as an effort to eliminate blight.
PUBLIC HEARING ITEMS
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.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Kawashima, to continue the public hearing to December 4, 2008. Motion
carried 5-0.
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.
Public Hearing opened at 7:09 p.m. There were no public speakers and the
Hearing closed at 7:09 p.m.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to adopt resolution. Motion carried 5-0.
City Council Meeting September 2, 2008
Action Agenda Page 5 of 13
RESOLUTION NO. 08-60 - 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
CONSENT CALENDAR ITEMS -Mayor Amante pulled Item 12, 13 & 15 for separate
discussion. Councilmember Kawashima abstained on 13 and 15. It was moved by
Mayor Pro Tem Davert, seconded by Councilmember Bone, to approve the balance of the
Consent Calendar items as recommended by staff. Motion carried 5-0.
3. APPROVAL OF MINUTES -REGULAR MEETING OF AUGUST 5, 2008
Motion: Approve the Regular City Council Meeting Minutes of August 5, 2008.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: 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.
Motion: 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.
Motion: 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
Action Agenda Page 6 of 13
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.
Motion:
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.
Motion:
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
City Council Meeting September 2, 2008
Action Agenda Page 7 of 13
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: 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.
Motion: Concur with Staffs 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.
Motion:
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 Al 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.
Mayor Amante highlighted the progression of the park project.
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem
City Council Meeting September 2, 2008
Action Agenda Page 8 of 13
Davert, to 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. Motion carried 5-0.
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.
Mayor Amante noted efforts by the City and OCTA to bring this project
forward.
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem
Davert, to 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. Motion carried 4-0-1
(Kawashima abstained).
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.
Motion: 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.
City Council Meeting September 2, 2008
Action Agenda Page 9 of 13
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.
Mayor Amante noted efforts by the City and OCTA to bring this project
forward.
Motion: It was moved by Mayor Amante, seconded by Councilmember Bone,
to 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. Motion carried 4-0-1 (Kawashima
abstained).
REGULAR BUSINESS ITEMS
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.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Palmer, to:
16.a. Accept the Landowner's petition to annex territory to Community Facilities
District No. 06-1; and
16.b. Adopt resolution.
City Council Meeting September 2, 2008
Action Agenda Page 10 of 13
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)
Motion carried 5-0.
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.
Marble Mountain requested a continuance. Staff recommended approval
since it had been continued in March of 2008.
Motion: It was moved by Mayor Tem Davert, seconded by Councilmember
Bone, to review and approve the 2007 Tustin Legacy Backbone Infrastructure
Program Fair Share Analysis and instruct City Staff to utilize the 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. Motion carried 5-0.
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.
• Councilmember Bone noted that Prop 1 was changed to 1A.
City Council Meeting September 2, 2008
Action Agenda Page 11 of 13
Additionally, Council may request staff to prepare informational reports, and/or
letters of supportlopposition on legislative matters that are time-sensitive and
were not agendized.
Motion: Council concurred to have Mayor Amante review current status of Bill
and if no significant material changes will sign letter of support as drafted by
staff, if not will bring back item for Council discussion.
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Kawashima:
• Reminded everyone that school starts tomorrow, cautioned drivers to drive carefully
through city; and
• Parking regulations to be considered in near future.
Councilmember Palmer:
• Invited all to attend Village of Hope's Grand Opening on Sunday September 14.
Councilmember Bone:
• Orange County Vector Control -West Nile Virus has caused 2 deaths in Orange
County, advised residents to keep windows closed at night, use insect repellent with
Deet, limit outside activity after dusk and prevent standing water;
• Metrolink Board received a 4th engine recently, commented on near catastrophic
incident avoided because Arrowhead water truck pushed stalled bus off train tracks
just before scheduled train pass-through;
• Southern California Association of Governments -Approval of SB 375 will remove
local planning authority; and
• City was recipient of Best Redevelopment Community of the Year award by the
Association of Defense Communities for Tustin Legacy, thanked staff for all their hard
work and efforts.
Mayor Pro Tem Davert:
• Commented on letter received from recent crime victims complimenting the Police
Department;
• Tustin Police Department was recipient of James Wilson award;
• Attended Metal of Valor ceremony where among others, Officer Mark Black honored
for outstanding bravery;
• Congratulated two new Commissioners Janice Hall and Marge Kasalek;
• Reminded all Tiller Days was a month away;
• Echoed Councilmember Kawashima's comments, school starts tomorrow, advised all
to be extra careful while driving;
• Congratulated staff for award by Department of Defense; and
• Orange County Sanitation District received Stockholm Award for ground water
replenishment project, largest water recycling facility in world.
Mayor Amante:
City Council Meeting September 2, 2008
Action Agenda Page 12 of 13
• Added to Councilmember Bone's comments on SB375 and receipt of national award;
• Congratulated Police Chief Jordan on recent awards and great efforts by all in the
police department;
• Travelled on behalf of Transportation Corridor Agency to Washington, DC, lobbying to
complete last segment of toll road, hearing on September 22"d in Del Mar;
• OCTA Central County Corridor study, will chair committee and work with Public Works
Director; and
• Public Workshop on proposed parking regulations on Monday, September 15 at 7p.m.
ADJOURNED IN MEMORY OF C. ARTHUR NISSON AT 7:55 P.M.
The Tustin City Council Adjourned their meeting to Monday, September 15, 2008 at
7:00 p.m. for a Workshop to consider Parking Regulations.
The next regularly scheduled meeting of the City Council will be held on 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.
City Council Meeting September 2, 2008
Action Agenda Page 13 of 13
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
SEPTEMBER 2, 2008
CALL TO ORDER MEETING #727 AT 7:56 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, City Clerk
Others Present: William A. Huston, Executive Director and Douglas C. Holland,
City Attorney
PUBLIC INPUT -None
REGULAR BUSINESS ITEMS - It was moved by Chair Pro Tem Davert, seconded by
Agency Member Bone, to approve Agenda Items 1 and 2 as recommended by staff. Motion
carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF AUGUST 5, 2008
Motion: Approve the Redevelopment Agency Minutes of August 5, 2008.
2. 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.
Motion:
NOTE: As required by Senate Bill 343, any non-confidential writings or documents
provided to a majority of the Community Redevelopment Agency 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.
2.a. Approve Working Capital loan of $4,650,000 to the South Central
Project Area through August 31, 2009.
2.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.
ADJOURNED - 7:56 P.M. - Next regular meeting is scheduled for Tuesday,
September 16, 2008 at 7:00 p.m. in the Council Chamber, 300
Centennial Way, Tustin, California
Community Redevelopment Agency Meeting September 2, 2008
Action Agenda Page 2 of 2
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
SEPTEMBER 16, 2008
CALLED TO ORDER MEETING #2196 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 -CONFERENCE WITH LEGAL COUNSEL. The City
Council finds, based on advice from the City Attorney, that discussion in open session of
the following matters will prejudice the position of the City in existing and anticipated
litigation.
A. Existing Litigation [Government Code Section 54856.9(a)] -Whiteley v. City of
Tustin
B. Exposure to Litigation [Government Code Section 54856.9(b)] -Two Cases
C. Initiation of Litigation [Government Code Section 54856.9(c)] -Two 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 same
members present.
REGULAR BUSINESS MEETING
CALL TO ORDER MEETING #2196 AT 7:00 P.M.
City Council Meeting September 16, 2008
Action Agenda Page 1 of 9
INVOCATION -Councilmember Jim Palmer
PLEDGE OF ALLEGIANCE -Mayor Amante
ROLL CALL
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
Councilmembers Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
CLOSED SESSION REPORT -Nothing to report.
PRESENTATIONS
• Proclamation presented by Mayor Amante to Millennium Exchange Club of Orange
County for generous donation of Motto Wall plaques
• Proclamation presented by Mayor Amante for Fire Prevention Week, October 5 to
October 11, 2008
• Presentation on Citizen's Survey Results by Dr. Alice Chan of Godbe Research
ORAL COMMUNICATION / PUBLIC INPUT - Janelle Slipp representing Cox
Communications informed residents on digital transition television.
CONSENT CALENDAR ITEMS - At the request of staff, item #13 was continued to a
future meeting. It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Davert, to approve Consent Calendar items as recommended by staff. Motion carried 5-0.
1. APPROVAL OF MINUTES - SPECIAL AND REGULAR MEETING OF
SEPTEMBER 2, 2008
Motion: Approve the Special and Regular City Council Meeting Minutes of
September 2, 2008.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $552,452.94; $1,270,620.05;
City Council Meeting September 16, 2008
Action Agenda Page 2 of 9
$1,593,159.33; Reversals in the amount of $23,567.85; and Payroll in the
amount of $717,596.03.
3. SENIOR CENTER BUS DONATED TO CITY BY TUSTIN AREA SENIOR
CENTER FUND, INC.
The Tustin Area Senior Center Fund, Inc. purchased a 2008 EI Dorado
National Aerotech 16 passenger bus and donated the vehicle to the City of
Tustin to utilize for the senior citizens transportation program at the Tustin
Area Senior Center.
Motion: Accept the donation of the 16-passenger bus from the Tustin Area
Senior Center Fund, Inc.
4. AUTHORIZATION TO PURCHASE PINETREE PARK PLAYGROUND
EQUIPMENT THROUGH THE GENERAL SERVICES DEPARTMENT OF
THE STATE OF CALIFORNIA
Approval of Resolution No. 08-63 will authorize the City of Tustin to purchase
new playground equipment for Pine Tree Park utilizing the California Multiple
Award Schedule.
Motion: Adopt resolution.
RESOLUTION NO. 08-63 - 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
5. CONSIDERATION OF CLAIM OF RENE GUNS, CLAIM NO. 08-37
The Claimant reported that there was sewage back up at her residence
caused by a sewer pipe being busted by tree roots and the roots filling in the
pipe over time. She is asking to be reimbursed for a plumbing invoice for
$2,300 paid to repair the sewer lateral line.
Motion: Deny Claim Number OS-37, Rene Guns, and direct Staff to send
notice thereof to the Claimant.
6. 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.
City Council Meeting September 16, 2008
Action Agenda Page 3 of 9
Motion:
6.a. Declare the listed equipment surplus and not required for public use;
and
6.b. Authorize staff to sell/have auctioned serviceable equipment of value
and dispose of assets beyond repair.
7. QUARTERLY INVESTMENT REPORT -JUNE, 2008
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.
8. AUTHORIZE EXECUTION AND DELIVERY OF A REMARKETING
AGREEMENT FOR REASSESSMENT DISTRICT NO. 95-2 (TUSTIN
RANCH)
In accordance with the Protocol Agreement dated February 1, 1996, between
the City and The Irvine Company, the City has agreed to replace the
Remarketing Agent for the 1996 Reassessment District No. 95-2 (Tustin
Ranch) at the request of the Company. The Irvine Company has requested a
change to Banc of America Securities, LLC.
Motion:
8.a. Adopt resolution;
RESOLUTION NO. 08-65 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
EXECUTION AND DELIVERY OF A REMARKETING AGREEMENT
8.b. Authorize the Execution and Delivery of a Remarketing Agreement.
9. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE TUSTIN LEGACY PORTAL
ENTRY AT RED HILL AVENUE AND VALENCIA AVENUE (CIP NO. 1046)
Construction of the Tustin Legacy Portal Entry at Red Hill Avenue and
Valencia Avenue (CIP No. 1046) has been completed to the satisfaction of the
City Engineer and is now ready for City Council acceptance.
City Council Meeting September 16, 2008
Action Agenda Page 4 of 9
Motion:
9.a. Adopt resolution; and
RESOLUTION NO. 08-57 - 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 TUSTIN LEGACY PORTAL
ENTRY AT RED HILL AVENUE AND VALENCIA AVENUE (CIP NO.
1046)
9.b. Authorize the City Clerk to file the Notice of Completion with the
County Recorder's Office.
10. AWARD OF CONSTRUCTION CONTRACT FOR THE TUSTIN SENIOR
CENTER ROOF REPLACEMENT PROJECT (CIP NO. 1032)
Formal bids for the Tustin Senior Center Roof Replacement Project (CIP No.
1032) have been received and a construction contract is ready to be awarded
to the lowest responsive/responsible bidder.
Motion: Award the construction contract for the Tustin Senior Center Roof
Replacement Project (CIP No. 1032) to Coast Roof Company, Inc., the lowest
responsive/responsible bidder, in the amount of $116,818.00, and authorize
the Mayor and the City Clerk to execute the contract documents on behalf of
the City.
11. AUTHORIZATION
TRUCKS WITH
DIVISION
TO PURCHASE TWO EXTENDED CAB PICKUP
ACCESSORIES FOR PUBLIC WORKS/ENGINEERING
Authorize City staff to purchase two (2) extended cab pickup trucks for use by
the Public Works Department/Engineering Division.
Motion: Award the bid for the purchase of two (2) extended cab pickup trucks
with accessories to Victor Buick GMC Corona, CA, in the amount of
$40,941.60.
12. RELEASE OF BONDS FOR TRACT MAP NO. 16474, W.L. HOMES, LLC
(TUSTIN FIELD I, PARCEL 33)
All public non-backbone improvements associated with Tract Map No. 16474
have been completed and accepted. The Public Works Department is now
recommending release of the public improvement and monumentation bonds.
City Council Meeting September 16, 2008
Action Agenda Page 5 of 9
Motion: Release the following bonds in the indicated amounts:
Labor and Material Bond (Bond No. SU5002715) $ 558,000.00
Warranty Bond (Bond No. SU5002728) $ 11,500.00
Monumentation Bond (Bond No. SU5002728) $ 21,000.00
13. ACCEPTANCE OF PUBLIC NON-BACKBONE IMPROVEMENTS AND
RELEASE OF BONDS FOR TRACT MAP NO. 16507, W.L. HOMES, LLC
(TUSTIN FIELD II, PARCEL 34)
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Palmer, to continue item at the request of staff. Motion carried 5-0.
14. ACCEPTANCE OF PUBLIC NON-BACKBONE IMPROVEMENTS AND
RELEASE OF BONDS FOR TRACT MAP NO. 16695 (VESTAR/KIMCO
TUSTIN, L.P.)
All public non-backbone improvements associated with Tract Map No. 16695
have been completed. The Public Works Department is now recommending
acceptance of the public improvements and release of the public improvement
bonds.
Motion: Accept the public improvements and release the following bonds in
the indicated amounts:
Faithful Performance Bond (Bond No. 42 BCSDJ 8842) $ 2,811,000.00
Labor and Material Bond (Bond No. 42 BCSDJ 8842) $ 1,405,500.00
REGULAR BUSINESS ITEMS
15. APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE
COUNTY OF ORANGE FOR USE OF THE COUNTYWIDE MASS
NOTIFICATION SYSTEM
The County of Orange has retained the services of The NTI Group, Inc. to
provide access to a multi-modal public mass notification system and has
made this system available to all cities for their use in emergencies. The
system is officially known as AlertOC and the approval of this Memorandum of
Understanding (MOU) will enable the City of Tustin to have access to the
system during local emergencies. Staff is requesting the City Council to
approve the MOU and authorize the Mayor to execute the Agreement.
Staff report presentation by Joe Meyers, Administrative Manager
City Council Meeting September 16, 2008
Action Agenda Page 6 of 9
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to approve the Memorandum of Understanding with the County of
Orange to enable the City to use AlertOC, the countywide mass notification
system and authorize the Mayor and City Clerk to execute the Agreement.
Motion carried 5-0.
16. INTRODUCE ORDINANCE ADOPTING CHAPTER 10 OF ARTICLE 7 OF
THE TUSTIN CITY CODE RELATING TO STATE VIDEO FRANCHISE
PROVIDERS
In 2006, The California State Legislature adopted the Digital Infrastructure and
Video Competition Act (DIVCA) which permits telephone and
telecommunication companies to obtain a statewide franchise to compete with
cable and satellite television operators. The attached ordinance adopts
Chapter 10 of Article 7 of the Tustin City Code to implement the DIVCA.
Staff report presentation by Joe Meyers, Administrative Manager
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to introduce and approve first reading of Ordinance No. 1355 adopting
Chapter 10 of Article 7 of the Tustin City Code relating to state video franchise
providers.
ORDINANCE NO. 1355 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN ADOPTING CHAPTER 10 OF ARTICLE 7
OF THE TUSTIN CITY CODE PERTAINING TO STATE VIDEO
FRANCHISE HOLDERS
Motion carried 5-0.
17. LEGISLATIVE REPORTS -MISCELLANEOUS
The proposed budget or compromised budget allowed for State to raid
redevelopment funds (not borrow). Mayor Amante asked if it had been
quantified?
City Manager Huston replied that City would lase about 51.3 million in
redevelopment agency funds. The money would go into local countywide
education re~,renue augrrrentation funds. Also losing ~2 million in property tax
revenue in general fund, now $1.3 million in redevelopment. If RDA doesn't
have its share, the general fund can back it up, if no general funds available
then, RDA cannot issue or create new project areas; bottom line Sacramento will
get the money somehow.
Mayor Amante clarified that letter recently sent to Senator Don Perata requested
City Council Meeting September 16, 2008
Action Agenda Page 7 of 9
exemption far Cities whore military bases had been closed and rodoveiapment
was taking place to replace incomo last when military was remavod; tho City had
an obligation to do local redevelopment. Sonator Perata refused.
Mayor Pra Tem Davort noted that redevelopment project areas tank years to
plan and develop yot City always subject to the whims of Sacramonto.
Explained to public that ~4 million this year alone reallocated to education an top
of funds alroady rocoivod through existing tax system.
Councilmembor Bone opined that Stato take-aways are not a loan, tho funds will
not be returned to City.
Mayor Amante explainod that Sacramento has over $160 billion in bond debt
and no forward planning, na built roserves ar savings; no discipline and no
balanced budget; the State only continues to tax ar bond us and keeps
spending.
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Palmer:
• Commented on Citizen Survey presentation, requested staff discussion on options and
implementation of recommendations;
• 3,100 attended opening of Village of Hope, thanked the Police Department for
assistance; and
• Tustin Chamber of Commerce having 23~d Annual Golf Classic next Tuesday.
Councilmember Bone:
• Mayor Amante sworn-in as 1St Vice President of Orange County League of Cities;
• Metrolink will have open session meeting on Wednesday to discuss recent fatal
accident; and
• Southern California Association of Governments workshop on climate changes and
green house gasses, presentations by Cities of Los Angeles, Riverside & Ventura
county among others;
Mayor Amante:
• Thanked City Manager Huston and staff for Parking Workshop held last night;
• Friday will be Inaugural meeting for Central Corridor Major Improvement Study for
Orange County Transportation Authority to discuss planning for transportation between
Beach Blvd and SR55 and Foothills to beach; and
• Will attend meeting on completion of the Foothill/ Eastern Toll Road expansion, in Del
Mar, next Monday.
ADJOURNED - 8:13 P.M. -The next meeting of the City Council is scheduled for
Tuesday, October 7, 2008 at 5:30 p.m. for the Closed Session
City Council Meeting September 16, 2008
Action Agenda Page 8 of 9
Meeting followed by the Regular Business Meeting at 7:00 p.m. in
the Council Chamber, 300 Centennial Way, Tustin, California.
City Council Meeting September 16, 2008
Action Agenda Page 9 of 9
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
SEPTEMBER 16, 2008
CALL TO ORDER MEETING #728 AT 8:14 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, City Clerk
Others Present: William A. Huston, Executive Director and Douglas C. Holland,
City Attorney
PUBLIC INPUT -None
REGULAR BUSINESS ITEMS - It was moved by Agency Member Bone, seconded by Chair
Pro Tem Davert, to approve Agenda Item 1 as recommended by staff. Motion carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF SEPTEMBER 2, 2008
Motion: Approve the Redevelopment Agency Minutes of September 2, 2008.
ADJOURNED - 8:15 P.M. -Next regular meeting is scheduled for Tuesday, October
7, 2008 at 7:00 p.m. in the Council Chamber, 300 Centennial Way,
Tustin, California
Community Redevelopment Agency Meeting September 16, 2008
Action Agenda Page 1 of 1