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Home My WebLink About00 CC AGENDA 10-21-08 CITY OF TUSTIN OCTOBER 21, 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 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. The following items were received for the October 21, 2008 meeting. (Agenda Items A through C) CALL TO ORDER – Meeting #2198 ATTENDANCE PUBLIC INPUT – Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS - CONFERENCE WITH LEGAL COUNSEL A. Exposure to Litigation [Government Code Section 54856.9(b)] - Two Cases B. Initiation of Litigation [Government Code Section 54856.9(c)] - Two Cases C. Property Negotiations Terms and Conditions of Purchase [Government Code Section 54956.8] – One Case 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, representative for Tustin Legacy Community Partners (TLCP) 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 #2198 INVOCATION – Councilmember Palmer PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE – Troop 804, St Jeanne de Lestonnac ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney PRESENTATIONS Certificate of Recognition presented by Planning Commission and Mayor Amante to Michele Young of Shatto House at 200 S. A Street, Tustin for Outstanding Old Town Property Presentation by CR&R regarding recycling 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. 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 13) 1. APPROVAL OF MINUTES –REGULAR MEETING OF OCTOBER 7, 2008 City Council Meeting October 21, 2008 Agenda Page 2 of 8 Recommendation: Approve the Regular City Council Meeting Minutes of October 7, 2008. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $1,346,921.11; $868,599.27; and Payroll in the amount of $715,392.61. 3. AWARD CONTRACT TO PROCURE TWO RIGHT-HAND DRIVE VEHICLES FOR WATER SERVICES DIVISION'S METER READING ACTIVITIES Bids to procure two (2) right-hand drive vehicles for Water Services Division's meter reading activities were solicited. Two (2) bids were received from qualified bidders. Staff has reviewed the bids, and determined that the prospective vendors have fully met the bid and specification requirements. Recommendation: Award the contract to purchase two (2) right-hand drive vehicles for Water Services Division's meter reading activities to H.W. Hunter, Inc. in the amount of $55,214.00. 4. QUARTERLY INVESTMENT REPORT 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. Recommendation: Receive and file. 5. PLANNING ACTION AGENDA – OCTOBER 14, 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. AWARD OF CONTRACT FOR GRAFFITI REMOVAL PROGRAM On August 5, 2008, the City Council authorized staff to advertise for bids for the graffiti removal program; therefore, the Community Development Department proceeded with a Notice to Invite Bids. Six timely bids were received. Graffiti Control Systems has provided professional and competent graffiti removal services in Tustin for the past sixteen (16) years and is the lowest responsible bidder; therefore, staff recommends that they be awarded City Council Meeting October 21, 2008 Agenda Page 3 of 8 the annual contract. The contract will provide for a maximum of four (4) one- year extensions. Recommendation: Approve annual contract with Graffiti Control Systems for the removal of graffiti from public and private property. 7. FINAL PARCEL MAP 2007-234: 2552 WALNUT AVENUE (APPLICANT: PACIFIC POINTE PROPERTIES, LLC) Final Parcel Map 2007-234 is a request to subdivide a condominium suite within an existing office condominium building. The proposed subdivision would result in an additional condominium office unit for a total of twelve (12) units within the existing 33,669 square foot two story building. The property is located at 2552 Walnut Avenue. Recommendation: Adopt resolution. RESOLUTION NO. 08-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL PARCEL MAP 2007- 234 TO SUBDIVIDE AN EXISTING CONDOMINIUM UNIT INTO MULTIPLE SUITES WITHIN AN EXISTING TWO-STORY OFFICE BUILDING LOCATED AT 2552 WALNUT AVENUE 8. TUSTIN LIBRARY PROJECT - MISCELLANEOUS FURNITURE AND FURNISHINGS PURCHASES Formal bids for miscellaneous furniture for the Tustin Library (CIP No. 1043) have been received and a contract is ready to be awarded to the lowest responsive and responsible bidder. Recommendation: Award the contract for miscellaneous furniture for the Tustin Library Project (CIP No. 1043) to Workplace Resources, the lowest responsive/responsible bidder in the amount of $316,071.71 and authorize the Assistant City Manager to execute the contract documents on behalf of the City. 9. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PINE TREE PARK PLAYGROUND EQUIPMENT INSTALLATION (CIP NO. 2059) This project includes installation of playground equipment, construction of landscape curbing and installation of ADA required playground surface and ramps. Recommendations: City Council Meeting October 21, 2008 Agenda Page 4 of 8 9.a. Approve resolution; and RESOLUTION NO. 08-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PINE TREE PARK PLAYGROUND EQUIPMENT INSTALLATION (CIP NO. 2059) 9.b. Authorizing the City Clerk to advertise for bids. 10. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY 2007-2008 (CIP NO. 7001) AND THE ANNUAL SIDEWALK REPAIR PROJECT, FY 2007-2008 (PROJECT NO. 402-6235) Construction of the Annual Major Pavement Maintenance Project, FY 2007- 2008 (CIP No. 7001) and the Annual Sidewalk Repair Project, FY 2007-2008 (Project No. 402-6235) have been completed to the satisfaction of the City Engineer and are now ready for City Council acceptance. Recommendations: 10.a. Adopt resolution; and RESOLUTION NO. 08-67 - 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 ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY 2007-2008 (CIP NO. 7001) AND THE ANNUAL SIDEWALK REPAIR PROJECT, FY 2007- 2008 (PROJECT NO. 402-6235) 10.b. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. 11. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE SYCAMORE AVENUE STORM DRAIN FROM SCHOOL LANE TO DEL AMO AVENUE (CIP NO. 5033) Construction of the Sycamore Avenue Storm Drain from School Lane to Del Amo Avenue (CIP No. 5033) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendations: City Council Meeting October 21, 2008 Agenda Page 5 of 8 11.a. Adopt resolution; and RESOLUTION NO. 08-68 - 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 SYCAMORE AVENUE STORM DRAIN FROM SCHOOL LANE TO DEL AMO AVENUE (CIP NO. 5033) 11.b.Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. 12. DECLARATION OF SURPLUS VEHICLES AND EQUIPMENT Declare City vehicles and equipment as detailed on the attached report as surplus in accordance with Section 1626a (2) of the Tustin City Code and authorize their sale at public auction. Recommendation: Declare the equipment detailed on the attached report as surplus and not required for public use, in accordance with the Tustin City Code, Section 1626a (2) and authorize the Public Works Department to sell the vehicles and equipment at public auction. 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) All public non-backbone improvements associated with Tract Map No. 16507 have been completed. The Public Works Department is now recommending the acceptance of public non-backbone improvements and release of the public improvement and monumentation bonds. Recommendation:Release the following bonds in the indicated amounts: Faithful Performance Bond (Bond No. SU 5009274) $1,248,500.00 Labor and Material Bond (Bond No. SU 5009274) $624,000.00 Monumentation Bond (Bond No. SU 5009257) $51,000.00 REGULAR BUSINESS ITEMS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Item 14 through 19) City Council Meeting October 21, 2008 Agenda Page 6 of 8 14. SECOND READING OF ORDINANCE NO. 1359 – ANNEX TERRITORY TO CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 By the passage of Ordinance No. 1359, the City Council authorizes and levies special taxes within the Community Facilities District 06-01, at the rate and in accordance with the Rate and Method of Apportionment. The special taxes are hereby levied commencing in fiscal year 2008-09 and in each fiscal year thereafter until the last fiscal year in which such special taxes are authorized to be levied pursuant to the Rate and Method of Apportionment. This Ordinance amends and restates in its entirety Ordinance No. 1315, adopted by the City Council on August 7, 2006. Recommendation: Second reading and adoption of Ordinance No. 1359. (Roll call vote) ORDINANCE NO. 1359 - AN ORDINANCE OF THE CITY OF TUSTIN LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) AND AMENDING AND RESTATING ORDINANCE NO. 1315 15. ORDINANCE NO. 1354 - CODE AMENDMENT 08-001, OFF-STREET PARKING REGULATIONS 16. ORDINANCE NO. 1357 - PROHIBITING PARKING ALONG DESIGNATED PORTIONS OF NEWPORT AVENUE, REDHILL AVENUE, AND IRVINE BOULEVARD 17. ORDINANCE NO. 1356 - PROHIBITING PARKING TO FACILITATE STREET SWEEPING 18. ORDINANCE NO. 1358 - CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS Since introduction of Ordinances 1354, 1356, 1357 and 1358, questions have been raised by Council Members regarding implementation of various provisions of the ordinances. Because the ordinances are interrelated and staff has not had time to provide responses, continuance of the ordinances is recommended. Recommendation: Continue consideration of Agenda Items 15-18 to the next regularly scheduled City Council meeting to be held on November 4, 2008. 19. LEGISLATIVE REPORTS – MISCELLANEOUS Council may request that staff prepare informational reports, and/or letters of support/opposition on legislative matters that are time-sensitive and not agendized. City Council Meeting October 21, 2008 Agenda Page 7 of 8 Recommendation: Pleasure of the City Council. OTHER BUSINESSCOMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – The next meeting of the City Council is scheduled for Tuesday, November 4, 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 October 21, 2008 Agenda Page 8 of 8