HomeMy WebLinkAbout01 CC MINUTES 2008 10 21 11-04-08Agenda Item
MINUTES OF THE REGULAR MEETING Reviewed:
OF THE CITY COUNCIL City Manager
TUSTIN, CALIFORNIA Finance Director
OCTOBER 21, 2008
CALLED TO ORDER MEETING #2198 AT 5:30 P.M.
ATTENDANCE
1
A
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and Councilmembers
Lou Bone and Jim Palmer
Absent: Councilmember Tony Kawashima
City Clerk: Marcia Brown, Administrative Secretary
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. 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)
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.
City Council Meeting October 21, 2008
Minutes Page 1 of 8
REGULAR BUSINESS MEETING
CALLED TO ORDER MEETING #2198 AT 7:01 P.M.
INVOCATION -Councilmember Palmer
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE -Boys Scout Troop 804,
St. Jeanne de Lestonnac
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
• Certificate of Recognition presented by Chuck Puckett, Chair of the 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 programs
ORAL COMMUNICATION /PUBLIC INPUT
• Stanley Martin spoke on problems with Cornerstone Property and commended police
department for efforts.
• Rebecca Gomez McKeon spoke on election practices.
CONSENT CALENDAR ITEMS - It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Bone, to approve Consent Calendar items as recommended by staff. Motion
carried 5-0
1. APPROVAL OF MINUTES -REGULAR MEETING OF OCTOBER 7, 2008
Motion: Approve the Regular City Council Meeting Minutes of October 7, 2008.
City Council Meeting October 21, 2008
Minutes Page 2 of 8
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: 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.
Motion: 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.
Motion: 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.
Motion: 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 the annual contract.
The contract will provide for a maximum of four (4) one-year extensions.
Motion: Approve annual contract with Graffiti Control Systems for the removal of
graffiti from public and private property.
City Council Meeting October 21, 2008
Minutes Page 3 of 8
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.
Motion: 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.
Motion: 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.
Motion:
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.
City Council Meeting October 21, 2008
Minutes Page 4 of 8
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.
Motion:
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.
Motion:
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
City Council Meeting October 21, 2008
Minutes Page 5 of 8
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.
Motion: 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.
Motion: 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
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.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to approve 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
City Council Meeting October 21, 2008
Minutes Page 6 of 8
Motion carried 5-0.
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.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to continue consideration of Agenda Items 15-18 to the next regularly
scheduled City Council meeting to be held on November 4, 2008. Motion carried
5-0.
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.
Councilmember Bone commented on information received from League of Cities
that the State Department of Finance has notified Cities they are suspending State
mandates, suggested this be explored further.
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Bone:
• Orange County Vector Control update on bird flu and West Nile Virus; board approved 2
year employee MOU and district manager contract extended to 2010, also approved
$155,000 remodel of operations building, vehicle maintenance and fish hatchery;
• City received $74,000 from Proposition 42 funds; and
• Theft of copper ground wire at substation caused outage on October 10tH
Mayor Pro Tem Davert:
• Orange County Sanitation District 5-year strategic plan being updated within budget;
City Council Meeting October 21, 2008
Minutes Page 7 of 8
• Orange County Fire Authority weather service has issued red-flag warning for dangerous
fire conditions effective tam Wednesday through 11 pm Friday, urged everyone to be on
alert;
• Sunday, November 2"d is the Tustin Public School Foundation's Dino Dash; and
• November 4tH is election day, urged all to vote
Mayor Amante:
• Transportation Corridor Agency had Windy Ridge route groundbreaking on October Stn,
adding a fast track lane each way, to help alleviate traffic congestion;
• October 10 - 11 attended Orange County League of Cities Strategic Planning session in
Costa Mesa, outlined next 3-5 years working for local control;
• Attended a breakfast meeting on October 17tH with area pastors, thanked Commissioner
Puckett and Tustin Community Foundation for sponsoring;
• Orange County Transportation Authority Highways Committee on 7 different grade
separations, also 20/20 Committee approved all Go Local projects to Phase II analysis
including Tustin projects;
• Tustin Chamber of Commerce will have Chamber Mixer at City Hall on October 23~d;
• Announced Citrus Ranch Park groundbreaking on October 28tH;
• Invited everyone to attend Halloween Howl on October 31St at Columbus Tustin; and
• November 4tH is election day and October 22"d the Tustin Chamber of Commerce will host
Candidate Forum at City Hall.
ADJOURNMENT - 7:36 p.m. -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
Minutes Page 8 of 8