HomeMy WebLinkAbout00 CC AGENDA 12-02-08CITY OF TUSTIN
REGULAR MEETING OF THE
CITY COUNCIL
Doug Davert, Mayor Pro Tem
Lou Bone, Councilmember
Tony Kawashima, Councilmember
Jim Palmer, Councilmember
DECEMBER 2, 2008
• COUNCIL CHAMBER
., ~,, 300 CENTENNIAL WAY, TUSTIN
William A. Huston, City Manager
Douglas Holland, City Attorney
Jerry Amante, Mayor Pamela Stoker, City Clerk
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 December
2, 2008 meeting. (Agenda Items A through D)
CALL TO ORDER -Meeting #2201
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 Legal Counsel -Possible Initiation of Litigation pursuant to
Government Code Section 54956.9 (c) - 2 Cases
B. 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
NOTE: As required by Senate Bi11343, 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.
Negotiators for TLCP: Simon Whitmey and Colm Macken,
representatives for Tustin Legacy Community
Partners (TLCP)
C. Existing Litigation [Government Code Section 54856.9(a)] -Whiteley v. City of
Tustin
D. Property Negotiations with Prospect Village, L.P.
Property: 191 Main Street and 272 - 290 Prospect Village
and Tustin Community Redevelopment Agency.
City Negotiators: Christine Shingleton, Assistant City Manager
Negotiators for
Prospect Village: John Tillotsen, Owner of Prospect Village
REGULAR BUSINESS MEETING
7:00 P.M.
~;~ ~~
CALL TO ORDER -Meeting #2201
INVOCATION -Father Christopher, St. Cecilia's Church
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE -Tustin Police Department
ROLL CALL -City Clerk
CLOSED SESSION REPORT -City Attorney
PRESENTATION
• Proclamation presented by Mayor Amante to Tustin Police Chief Jordan in
recognition of Community Policing Award
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 December 2, 2008
Agenda Page 2 of 9
RECESS CITY COUNCIL MEETING AND CALL TO ORDER
REDEVELOPMENT AGENCY MEETING
ADJOURN REDEVELOPMENT AGENCY MEETING AND RECONVENE to
CITY COUNCIL MEETING
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 NOVEMBER 18, 2008
Recommendation: Approve the Regular City Council Meeting Minutes of
November 18, 2008.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $227.17;
$3,808,591.63; and Payroll in the amount of $746,160.18.
3. PROMISSORY NOTE BETWEEN THE CITY OF TUSTIN AND TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
Recommendation: Adopt resolution.
RESOLUTION NO. 08-83 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
ISSUANCE OF A PROMISSORY NOTE AND OTHER MATTERS
RELATED THERETO
4. CANCEL A 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 and it must be approved by the City
City Council Meeting December 2, 2008
Agenda Page 3 of 9
Council at a public hearing. Staff is requesting the City Council to cancel the
public hearing scheduled for December 2, 2008 to permit staff to revise the draft
plan to address comments by the Federal Emergency Management Agency
(FEMA).
Recommendation: Cancel the public hearing scheduled for December 2,
2008.
5. APPROPRIATION OF FUNDS FOR ADDITIVE DEMOLITION WORK IN
CONJUNCTION WITH ON-GOING DEMOLITION AND REMOVAL OF
BUILDINGS AND STRUCTURES ON FUTURE TUSTIN LEGACY PARK
STIE (CIP NO. 2043)
Building and structure demolition is being completed at the Future Tustin
Legacy Park site (CIP No. 2043) and appropriating additional funds for
additive demolition work at this time would maximize City and contractor
resources.
Recommendation: Transfer $47,630.00 from the Tustin Legacy Enterprise
Fund (Fund 18) to the Tustin Legacy Park CIP Project Fund (2043).
6. 2007 - 2008 ANNUAL REPORT
Redevelopment Law requires that the Redevelopment Agency submit to the
legislative body an annual report for the preceding fiscal year.
Recommendation:
a. Receive and file its Annual Report for FY 2007-2008; and
b. Direct that a copy of its Annual Report for 2007-2008 and all other
required reporting documents and forms be executed in final form and
filed with the City of Tustin, the State Controller and State Department of
Housing and Community Development.
7. FOURTH AMENDMENT TO INFRASTRUCTURE CONSTRUCTION AND
PAYMENT AGREEMENT WITH VESTAR/KIMCO TUSTIN, L.P.
(DEVELOPER) FOR THE DISTRICT AT TUSTIN LEGACY
City Council authorization is requested for an amendment to the Infrastructure
Construction and Payment Agreement (the "Agreement") for the District at
Tustin Legacy.
Recommendation:
a. Authorize progress or partial reimbursements to the Developer subject to
City Council Meeting December 2, 2008
Agenda Page 4 of 9
requirements contained in the Fourth Amendment to the Agreement.
b. Subject to any non-substantive modifications as may be determined
necessary by the City's Tustin Legacy Special Counsel or City Attorney,
approve and authorize the City Manager, or Assistant City Manager to
execute the Fourth Amendment to the Infrastructure Construction and
Payment Agreement (the "Amendment") between the City of Tustin and
the Developer and to carry out all actions necessary to implement the
Amended Agreement.
8. PROPERTY TAX EXCHANGE RESOLUTION -REORGANIZATION NO. 07-
01
On January 2, 2008, the City Council approved General Plan Amendment 07-
002 to establish the General Plan designation of "Planned Community
Commercial/Business" for the annexation of approximately 1.2 acres of land
adjacent to the SR-55 Freeway at Edinger Avenue, identified as
Reorganization 07-01. The property would be detached from the City of Santa
Ana and annexed to the City of Tustin. The area proposed to be annexed is
currently developed with a public street and an abandoned on-ramp to the SR-
55 Freeway at Edinger Avenue.
Prior to holding their public hearing, the Local Agency Formation Commission
(LAFCO) requires that the Cities of Tustin and Santa Ana adopt property tax
exchange resolutions for the proposed annexation/detachment.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-86 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN APPROVING A PROPERTY TAX
EXCHANGE RATE OF 100 PERCENT FROM THE CITY OF SANTA
ANA TO THE CITY OF TUSTIN FOR THE PROPOSED ANNEXATION
OF APPROXIMATELY 1.2 ACRES OF LAND, IDENTIFIED AS
REORGANIZATION 07-01
9. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE NEWPORT AVENUE MEDIAN
MODIFICATIONS AT ANDREWS STREET AND MAIN STREET (CIP NO.
4072); THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY
2008-2009 (CIP NO. 7001); AND THE ANNUAL SIDEWALK REPAIR
PROJECT, FY 2008-2009 (PROJECT NO. 402-6235)
The plans and specifications for the Newport Avenue Median Modifications at
Andrews Street and Main Street (CIP No. 4072); the Annual Major Pavement
Maintenance Project, FY 2008-2009 (CIP No. 7001); and the Annual Sidewalk
Repair Project, FY 2008-2009 (Project No. 402-6235) have been prepared and
the projects are now ready to be bid. The projects have been determined to be
City Council Meeting December 2, 2008
Agenda Page 5 of 9
categorically exempt under the California Environmental Quality Act (CEQA) and
notices of exemption will be recorded following City Council approval of the
plans.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-82 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE NEWPORT AVENUE MEDIAN
MODIFICATIONS AT ANDREWS STREET AND MAIN STREET (CIP
NO. 4072); THE ANNUAL MAJOR PAVEMENT MAINTENANCE
PROJECT, FY 2008-2009 (CIP NO. 7001); AND THE ANNUAL
SIDEWALK REPAIR PROJECT, FY 2008-2009 (PROJECT NO. 402-
6235); AND AUTHORIZING ADVERTISEMENT FOR BIDS
10. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR
ENGINEERNG DESIGN SERVICES ON .THE JAMBOREE ROAD
PAVEMENT REHABILITATION PROJECT (CIP NO. 7194) AND THE TUSTIN
RANCH ROAD PAVEMENT REHABILITATION PROJECT (CIP NO. 7195)
Approval of the subject Consultant Services Agreement will enable engineering
design to proceed on the Jamboree Road Pavement Rehabilitation Project (CIP
No. 7194) and the Tustin Ranch Road Pavement Rehabilitation Project (CIP No.
7195).
Recommendation: It is recommended that the City Council approve the
Consultant Services Agreement with Norris-Repke, Inc. for Engineering
Design Services on the Jamboree Road Pavement Rehabilitation Project (CIP
No. 7194) and the Tustin Ranch Road Pavement Rehabilitation Project (CIP
No. 7195) in the not to exceed amount of $197,535.00, and authorize the
Mayor and City Clerk to execute the Agreement on behalf of the City, subject
to approval as to form by the City Attorney.
11. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR
ENGINEERING DESIGN SERVICES ON THE MITCHELL AVENUE STORM
DRAIN PROJECT (CIP NO. 5035)
Approval of the subject Consultant Services Agreement will enable engineering
design to proceed on the Mitchell Avenue Storm Drain Project (CIP No. 5035)
Recommendation: Approve the Consultant Services Agreement with Civil
Works Engineers, Inc. for Engineering Design Services on the Mitchell
Avenue Storm Drain Project (CIP No. 5035) in the not to exceed amount of
$184,950.00, and authorize the Mayor and City Clerk to execute the Agreement
on behalf of the City, subject to approval as to form by the City Attorney.
City Council Meeting December 2, 2008
Agenda Page 6 of 9
12. APPROVAL OF REVISED CONSTRUCTION AND MAINTENANCE
AGREEMENT BETWEEN THE SOUTHERN CALIFORNIA REGIONAL RAIL
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
On October 7, 2008, the City Council approved a Construction and Maintenance
Agreement with the Southern Califomia Regional Rail Authority (SCRRA) for
construction of the project. Since that time, the SCRRA has made minor
revisions to the Construction and Maintenance Agreement and is now
requesting approval of the revised agreement. This agreement must be
executed before the SCRRA will proceed with construction. The SCRRA will
perform the work as part of a separate agreement with the Orange County
Transportation Authority (OCTA). On September 2, 2008, the City Council
approved Cooperative Agreement No. C-8-0863 with OCTA for design and
construction of Rail-Highway Crossing Safety Enhancements and Safety
Measures Related to Quiet Zone Implementation at the Red Hill Avenue railroad
crossing. Completion of the safety enhancements will allow the City to file a
Notice of Establishment of a Quiet Zone with the Federal Rail Authority.
Recommendation: Approve the revised Construction and Maintenance
Agreement with the Southern California Regional Rail 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.
13. AUTHORIZATION TO PURCHASE CAMINO REAL PARK PLAYGROUND
EQUIPMENT (CIP NO. 2059) THROUGH THE GENERAL SERVICES
DEPARTMENT OF THE STATE OF CALIFORNIA
Approval of Resolution No. 08-84 will authorize the City of Tustin to purchase
new playground equipment for Camino Real Park utilizing the California
Multiple Award Schedule.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-84 - 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 December 2, 2008
Agenda Page 7 of 9
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 14 through 16)
14. SCAG DISTRICT 17 VACANCY
The District 17 seat on the Southern California Association of Governments
(SCAG) Regional Council and the Orange County Council of Governments
(OCCOG) Board of Directors is vacant and open for declarations of
candidacy. The District representative will represent the cities of Orange,
Tustin and Villa Park on the SCAG Regional Council for the remainder of the
existing term (through May 2009) and on the OCCOG Board of Directors.
Recommendation: Appoint a candidate to fill the SCAG District 17 vacancy
and direct staff to prepare a declaration of candidacy on behalf of the
appointed candidate.
15. REQUEST TO SUSPEND AB 32 AND SB 375
At the November 18, 2008 City Council meeting, Mayor Amante requested
that staff agendize a discussion regarding the recommended suspension of
Assembly Bill No. 32 and Senate Bill No. 375 for a period of twenty-four (24)
months.
Staff has drafted a letter that urges Governor Schwarzenegger to suspend the
implementation of the two bills due to the threat of significant economic harm
to the State of California.
Recommendation: Direct staff to transmit the attached letter to Governor
Schwarzenegger.
16. DECLARING RESULTS OF NOVEMBER 4, 2008 GENERAL MUNICIPAL
ELECTION
Recommendation: Adopt resolution.
RESOLUTION NO. 08-85- A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DECLARING THE RESULTS OF THE
GENERAL MUNICIPAL ELECTION HELD ON
NOVEMBER 4, 2008, AND OTHER SUCH MATTERS AS
PROVIDED BY LAW
City Council Meeting December 2, 2008
Agenda Page 8 of 9
2004 - 2008 COUNCIL CONCLUSION
PRESENTATIONS to Councilmembers Tony Kawashima and Lou Bone
• Proclamations presented by Mayor Jerry Amante
• Resolutions presented by Orange County Board of Supervisor Campbell
2008 - 2012 CITY COUNCIL
OATHS OF OFFICE
• Oath of Office administered to Pamela Stoker, City Clerk by Mayor
Amante
• Oath of Office administered to Jerry Amante by Judge Lance Jensen
• Oath of Office administered to John Nielsen by Judge Lance Jensen
• Oath of Office administered to Deborah Gavello by City Clerk, Pamela
Stoker
ROLL CALL -City Clerk
MAYOR AND MAYOR PRO TEM SELECTION
Recommendation: Pleasure of the City Council
CHAIR AND CHAIR PRO TEM SELECTION
Recommendation: Pleasure of the Redevelopment Agency Members
OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City
Council
ADJOURNMENT -The next meeting of the City Council is scheduled for Tuesday,
January 6, 2009 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 December 2, 2008
Agenda Page 9 of 9