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Home My WebLink AboutCC MINUTES 2008 10 21MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA OCTOBER 21, 2008 CALLED TO ORDER MEETING #2198 AT 5:30 P.M. ATTENDANCE 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- yearextensions. City Council Meeting October 21, 2008 Minutes Page 3 of 8 Motion: 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. 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 City Council Meeting October 21, 2008 Minutes Page 4 of 8 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. 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: City Council Meeting October 21, 2008 Minutes 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. 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 City Council Meeting October 21, 2008 Minutes Page 6 of 8 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 J 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 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. City Council Meeting October 21, 2008 Minutes Page 7 of 8 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; • 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 2nd 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 8th, 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 23rd; • 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 22nd 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. PAMELA STOKER, City Clerk ~°'~` City Council Meeting October 21, 2008 Minutes Page 8 of 8