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Home My WebLink About00 CC AGENDA 10-20-09CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Deborah Gavello, Councilmember John Nielsen, Councilmember Jim Palmer, Councilmember OCTOBER 20, 2009 - s COUNCIL CHAMBER '"~"""~ 300 CENTENNIAL WAY, TUSTIN -.~~ William A. Huston, City Manager Douglas Holland, City Attorney Doug Davert, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. ~~ ~~ CALL TO ORDER -Meeting #2222 ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS -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: A. EXPOSURE TO LITIGATION [Govt. Code § 54856.9(b)] -Two Cases REGULAR CITY COUNCIL MEETING 7:00 P.M. ~~ ~~ CALL TO ORDER -Meeting #2222 INVOCATION -Councilmember Palmer PLEDGE OF ALLEGIANCE -Councilmember Palmer 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. ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland PRESENTATIONS • Proclamation presented by Mayor Doug Davert to Toastmasters International in recognition of Toastmaster's Day • Presentation by Orange County Transportation Authority (OCTA) on Quiet Zones PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Community Redevelopment Agency typically related to land use or fees. (City Council Agenda Item 1) CODE AMENDMENT (CA) 09-003 AND DESIGN REVIEW (DR) 09-004 On August 25, 2009, the City of Tustin Planning Commission held a public hearing to evaluate the application for Code Amendment 09-003, Design Review 09-004, and Conditional Use Permit 09-004 for the construction of an express carwash located at 3017 Edinger Avenue. Code Amendment 09-003 is a request to reduce the building setback along Edinger Avenue. from thirty (30) feet to fifteen (15) feet and Design Review 09-004 is for site design and building architecture review of the proposed carwash. Upon review of the application, the Planning Commission continued the item to the September 22, 2009, Planning Commission meeting. The applicant then withdrew the application for Conditional Use Permit 09-004 which was a request to allow for the sale of general alcoholic beverages (beer, wine, and distilled spirits). On September 22, 2009, the Planning Commission adopted Resolution No. 4126 recommending that the City Council adopt Ordinance No 1370 approving Code Amendment 09- 003 and approving Design Review 09-004. Recommendation: That the Tustin City Council: 1) Adopt Resolution No. 09-43 finding that the project is within the scope of the previously approved Negative Declarations for Jamboree Plaza; 2) Introduce and have first reading of Ordinance No. 1370 approving Code Amendment 09-003, to reduce the building setback along Edinger Avenue from thirty (30) feet to fifteen (15) feet within the Jamboree Plaza Planned Community District Regulations; and 3) Adopt Resolution No. 09-44 approving Design Review 09-004 to establish an express carwash located at 3017 Edinger Avenue. City Council Meeting October 20, 2009 Agenda Page 2 of 7 RESOLUTION NO. 4126 A RESOLUTION OF THE CITY OF TUSTIN PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1370 APPROVING CODE AMENDMENT 09-003 AND APPROVE DESIGN REVIEW 09-004 FOR THE CONSTRUCTION OF AN EXPRESS CARWASH FOR THE PROPERTY LOCATED AT 3017 EDINGER AVENUE. ORDINANCE NO. 1370 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING AN AMENDMENT TO THE JAMBOREE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS (CODE AMENDMENT 09-003) TO REDUCE THE BUILDING SETBACK FROM EDINGER AVENUE FROM THIRTY (30) FEET TO FIFTEEN (15) FEET. RESOLUTION NO. 09-43 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL FINDING THAT CODE AMENDMENT 09-003 AND DESIGN REVIEW 09-004 ARE WITHIN THE SCOPE OF THE PREVIOUSLY APPROVED NEGATIVE DECLARATIONS FOR JAMBOREE PLAZA. 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 2 through 8) 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $15,847.22, $409,588.37, and $466,719.30; and Payroll in the amount of $743,317.79. 3. APPROVAL OF MINUTES -REGULAR MEETING OF OCTOBER 6, 2009 Recommendation: Approve the Action Minutes of the Regular City Council Meeting held on October 6, 2009. City Council Meeting October 20, 2009 Agenda Page 3 of 7 4. PLANNING ACTION AGENDA -OCTOBER 13, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. 5. APPROVAL OF A COOPERATIVE AGREEMENT BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY FOR IMPLEMENTATION OF A VIDEO SURVEILLANCE SYSTEM AT THE TUSTIN METROLINK STATION The Orange County Transportation Authority (OCTA) is requesting that the City enter into a cooperative agreement that would allow the OCTA to proceed with the design and installation of a video surveillance system (VSS) at the Tustin Metrolink Station. Installation of the system is to occur in conjunction with the construction of a parking structure, currently in the design stage. Following installation, the City will own the system and be responsible for its operation and maintenance (O&M). Recommendation: It is recommended that the City Council approve Cooperative Agreement No. C- 9-0590 with the Orange County Transportation Authority for implementation of a video surveillance system at the Tustin Metrolink Station, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 6. APPROVAL OF AMENDMENT NO. 5 TO COOPERATIVE AGREEMENT NO. 12-238 WITH THE STATE OF CALIFORNIA FOR THE NEWPORT AVENUE EXTENSION/SR-55 RAMP RECONFIGURATION PROJECT (CIP NO. 7130) On August 3, 1998, the City Council approved Cooperative Agreement No. 12- 238 with the State of California (Caltrans) that outlined the specific areas of responsibility for environmental, design, and right-of-way exchange/acquisition phases of the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130). The proposed amendment extends the agreement termination date to December 31, 2011 from December 31, 2009. Recommendation: It is recommended that the City Council approve Amendment No. 5 to Cooperative Agreement No. 12-238 with Caltrans for the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and authorize the Mayor and City Clerk to execute the document on behalf of the City. City Council Meeting October 20, 2009 Agenda Page 4 of 7 7. ADOPT THE PROPOSED PROPOSITION 1A SALE RESOLUTION AND SALE AGREEMENT The emergency suspension of Proposition 1A was passed by the State Legislature as part of the 2009-10 state budget package. The result of this suspension is the state will be taking $1.6 million which is 8% of the City of Tustin's property tax revenue to help balance its budget. The City will be able to collect the $1.6 million through the securitization of the Proposition 1A receivable by the spring of 2010 instead of in three years from the State offered by California Communities Authority, a joint powers authority. Recommendation: It is recommended that the City Council adopt resolution 09-59 approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the seller's Proposition 1 A receivable from the state. RESOLUTION NO. 09-59 -CITY COUNCIL OF THE CITY OF TUSTIN A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 8. AWARD OF A CONSTRUCTION CONTRACT FOR THE TUSTIN CIVIC CENTER ROOF REPLACEMENT PROJECT (CIP No. 1032) Staff is requesting that the City Council reject the lowest bid as non-responsive and award the construction contract for the Tustin Civic Center Roof Replacement project to the lowest responsible bidder. Recommendation: It is recommended that the City Council find the bid submitted by the apparent lowest bidder, Solar Integrated Technologies, Inc., to be nonresponsive and award the construction contract for the Tustin Civic Center Roof Replacement Project (CIP No. 1032) to the second lowest bidder, RGSLA, Inc., in the amount of $407,676.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 9 through 11) 9. CROSSING GUARD PROGRAM UPDATE City Council Meeting October 20, 2009 Agenda Page 5 of 7 In April of this year, a warrant analysis was conducted of the existing 31 crossing guard posts. Based on the results of that study, coupled with input from Traffic Engineering and the Police Department's Traffic Division, recommendations were made to City Council on modifying the existing contract for crossing guards. During the August 4th City Council meeting, option two of the recommendations was adopted. This option included executing a contract with All City Management Services, Inc. to provide crossing guard services for 16 warranted posts with 22 positions and no noontime crossings. A costs saving of $221,425 was realized. The City Council directed staff to monitor the implementation of the new contract and to report back in October. The Council also directed staff to follow up with the Tustin Unified School District (TUSD) in an effort to reach common ground in the areas of cost sharing and/or implementation of a volunteer crossing guard program. TUSD is unable to share in the costs or implement a volunteer crossing guard program. However, TUSD is willing to partner with the City to approach Parent Teacher Organizations (PTOs) as a funding source for additional crossing guards, and to support efforts to educate students and parents on crossing the streets safely. Recommendation: It is recommended the City Council: 1. Maintain the current crossing guard contract and staffing levels; 2. Authorize staff to partner with TUSD personnel to explore the possible use of the PTOs as a funding source for the additional crossing guard posts in specified areas, and to further educate students and parents on crossing the streets safely; 3. Direct staff to report back on the crossing guard program in the spring, before executing a second year of the existing contract. 10. ADOPTION OF RETAIL WATER RATES At the September 1, 2009 meeting City Council directed staff to provide additional water rate options. Staff presented two options at prior council meetings and developed four additional options. Water rate increase Option 1 was presented at the August 4, 2009 meeting and Option 2 was presented at the September 1, 2009 meeting. Options 3 through 5 reduce the water rate increase, delays debt financing for the construction of the Rawlings Reservoir, Tustin Avenue well, the Simon Ranch Reservoir and Booster Station and the Beneta Well; delays pay-as-you-go capital projects; and delays the replenishment of cash reserves. Option 6 is a 1-year rate increase that City Council Meeting October 20, 2009 Agenda Page 6 of 7 eliminates operating loss while meeting existing bond covenants. Recommendation: Pleasure of the City Council: 1. Adopt Option 1 water rate increase resolution as presented on August 4, 2009. 2. Adopt Option 2 water rate increase resolution as presented on September 1,2009 3. Adopt Option 3 water rate increase resolution. 4. Adopt Option 4 water rate increase resolution. 5. Adopt Option 5 water rate increase resolution. 6. Adopt Option 6 water rate increase resolution. If any rate option is approved, the corresponding rate increase will be effective October 21, 2009. 11. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT --The next meeting of the City Council is scheduled for Tuesday, November 3, 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 October 20, 2009 Agenda Page 7 of 7