HomeMy WebLinkAbout00 CC AGENDA 7-06-10CITY OF TUSTIN
JOINT REGULAR MEETING OF THE •
CITY COUNCIL AND REDEVELOPMENT
AGENCY
John Nielsen, Mayor Pro Tem
Doug Davert, Councilmember
Jim Palmer, Councilmember Jerry Amante, Mayor
Deborah Gavello, Councilmember
JULY 6, 2010
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
William A. Huston, City Manager
Douglas Holland, City Attorney
Pamela Stoker, City Clerk
George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
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CALL TO ORDER- Meeting #2239
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. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] -Two Cases
B. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt.
Code § 54956.9(a)] -Two Cases
• Tustin Unified School District v. City of Tustin et al., Case No. 30-2010-
00345476, Orange County Superior Court
• City of Newport Beach and City of Tustin v. City of Irvine et al., Case No.
30-2008-00228855-CU-WM-CXC, Orange County Superior Court
C. CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION [Govt.
Code § 54956.9(c)] -Two Cases
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.
JOINT REGULAR CITY COUNCIL AND
REDEVELOPMENT AGENCY MEETING
7:00 P.M.
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CALL TO ORDER -Meeting #2239
INVOCATION, PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE -
American Legion
ROLL CALL -City Clerk Stoker
CLOSED SESSION REPORT -City Attorney Holland
PRESENTATIONS
City of Tustin float school project (Emily and Bridget Kelly)
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 item,
you may wish to wait until the Council considers that item.
PUBLIC HEARING ITEM
A public hearing provides individuals the opportunity to be
heard regarding an intended action related to land use or
fees. (Agenda Items 1 and 2)
PUBLIC HEALTH GOALS (PHGs) 2007-2009 REPORT
The California Health and Safety Code requires that operators of large water
utility systems periodically prepare a report and conduct a public hearing
regarding the health of the water supplied to customers. For the 2007-2009
reporting period, the drinking water quality of the City of Tustin Water Services
complied with all California Department of Public Health and USEPA drinking
water standards. While Tustin's water system exceeded the public health goals
(PHG) for arsenic, uranium, coliform bacteria, lead, and copper, these levels
remained below the EPA's action levels and the City remains in overall
compliance with all regulatory water quality standards and no additional
treatment programs are required.
City Council/Redevelopment Agency July 6, 2010
Meeting Agenda Page 2 of 10
Recommendation: It is recommended that the City Council take the following
actions:
1. Conduct a public hearing to accept and respond to public comments on
the 2007-2009 Public Health Goals Report; and
2. At the conclusion of the public hearing, approve the 2007-2009 Public
Health Goals Report.
2. TENTATIVE PARCEL MAP 2008-136 AND CONDITIONAL USE PERMIT 09-
021
Tentative Parcel Map 2008-136 is a request to create a condominium office
building for eleven (11) suites at an existing office building located at 2492
Walnut Avenue. Conditional Use Permit 09-021 is a request to increase the
approved square footage allowed for medical use from 7,500 square feet to
16,534 square feet within an existing office building at 2492 Walnut Avenue and
establish joint-use parking between properties located at 2492 and 2472 Walnut
Avenue. On May 25, 2010, the Planning Commission adopted Resolution No.
4147, recommending that the City Council approve Tentative Parcel Map 2008-
136 and Conditional Use Permit 09-021.
Primary Applicant: Robert L. Balmes
Secondary Applicant: First Baptist Church of Irvine/Tustin (for
Conditional Use Permit 09-021: Joint Use Parking
Only)
Primary Project Site: 2492 Walnut Avenue (APN 432-491-35)
Secondary Project Site: 2472 Walnut Avenue (APN 432-491-34)
Recommendation: That the City Council adopt Resolution No. 10-71 approving
Tentative Parcel Map 2008-136 and Conditional Use Permit 09-021.
RESOLUTION NO. 10-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING TENTATIVE PARCEL MAP (TPM) 2008-
136 TO CREATE A CONDOMINIUM OFFICE BUILDING FOR
ELEVEN (11) SUITES, REPEAL USE PERMIT 88-04 AND
APPROVE CONDITIONAL USE PERMIT (CUP) 09-021 TO
INCREASE THE APPROVED SQUARE FOOTAGE ALLOWED
FOR MEDICAL USE FROM 7,500 TO 16,543 SQUARE FEET
WITHIN AN EXISTING TWO-STORY OFFICE BUILDING AT
2492 WALNUT AVENUE, AND TO ESTABLISH JOINT- USE
PARKING BETWEEN PROPERTIES LOCATED AT 2492 AND
2472 WALNUT AVENUE.
City Council/Redevelopment Agency July 6, 2010
Meeting Agenda Page 3 of 10
CONSENT CALENDAR ITEMS
All matters listed under the Consent Calendar are considered
to be routine 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 3 through 16)
3. APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY
COUNCIL, REDEVELOPMENT AGENCY AND PUBLIC FINANCING
AUTHORITY HELD ON JUNE 15, 2010
4
5
6
7
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council, Redevelopment Agency and Public Financing Authority held
on June 15, 2010.
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $649,499.76,
$3,445,875.93, $627,638.51; Reversals in the amounts of $3,806.24 and
$426.00; and Payroll in the amounts of $683,260.51 and $723,198.19.
CONSIDERATION OF CLAIM OF STEVEN M. AUSTIN SR., CLAIM NO. 10-09
The claimant alleges that a water spigot in his back yard blew a seal, causing
water to squirt into the backyard. He attempted to shut off water to the house at
the City's meter valve. While he was attempting to shut the water off, the valve
broke and hit him in the eye.
Recommendation: That the City Council deny Claim Number 10-09, Steven M.
Austin, Sr., and direct Staff to send notice thereof to the Claimant.
CONSIDERATION OF CLAIM OF ANTHONY V. NGUYEN, CLAIM NO. 10-11
The Claimant alleges property damage in the form of a dented front door, and
damaged/broken door frame and latch as a result of police forcing entry into his
home.
Recommendation: That the City Council deny Claim Number 10-11, Anthony V.
Nguyen, and direct Staff to send notice thereof to the Claimants.
CONSIDERATION OF CLAIM OF EDWARD REZEK, CLAIM NO. 10-05
The Claimant alleges that he was assaulted, battered and seized by Tustin
Police Officers, and that the Tustin Police Department conspired to cover up an
unlawful seizure and assault. The claimant was arrested by Tustin Police on
October 15, 2009 after he was witnessed causing damage to a security vehicle.
During the arrest, the claimant resisted and struggled with the Officers. Mr.
Rezek complained of pain to his right arm once he was in custody.
City Council/Redevelopment Agency July 6, 2010
Meeting Agenda Page 4 of 10
Recommendation: That the City Council deny Claim Number 10-05, Edward
Rezek, and direct Staff to send notice thereof to the Claimant.
8. AWARD OF BID FOR ALTERNATIVE FUEL STREET SWEEPER
A responsible bid for the purchase of an alternative fuel street sweeper has
been received and the bid is ready to be awarded to Haaker Equipment
Company La Verne, CA, in the amount of $336,180.31.
Recommendation: That the City Council:
1. Approve supplemental appropriations to the FY 2010-2011 budget from
the Equipment Replacement Fund (Fund 184) and the South Coast Air
Quality Management District (SCAQMD) (Fund 133) in the amounts of
$168,000 and $169,000; and
2. Award the bid for the purchase of one street sweeper to Haaker
Equipment Company in the amount of $336,180.31
9. APPROVE AMENDMENT NO. 4 TO THE AGREEMENT WITH DIAMOND
CONTRACT SERVICES, INC. FOR CUSTODIAL SERVICES
Approval of amendment No. 4 will extend the Agreement for Custodial Services
with Diamond Contract Services, Inc. from July 1, 2010 to June 30, 2011 with
no price increase.
Recommendation: That the City Council approve Amendment No. 4 to the
Agreement between Diamond Contract Services, Inc. and the City of Tustin for
custodial services.
10. APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH BARR
ENGINEERING, INC FOR HVAC SYSTEMS MAINTENANCE AND REPAIR
SERVICES.
Approval of amendment No. 1 will extend the Agreement for Heating,
Ventilation, Refrigeration, and Air Conditioning (HVAC) Systems Maintenance
and Repair Services with Barr Engineering, Inc. from July 1, 2010 to June 30,
2011 with no price increase.
Recommendation: That the City Council:
1. Approve Amendment No. 1 to the Agreement between Barr Engineering,
Inc., and the City of Tustin for Heating, Ventilating, Refrigeration, and Air
Conditioning (HVAC) Systems Maintenance and Repair Services; and
2. Authorize the Mayor and City Clerk to execute the contract document on
behalf of the City.
11. APPROVE AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-8-
0863 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR
RAIL CROSSING SAFETY ENHANCEMENTS AT THE RED HILL AVENUE
RAILWAY CROSSING (CIP 40069)
City Council/Redevelopment Agency July 6, 2010
Meeting Agenda Page 5 of 10
The Orange County Transportation Authority (OCTA) is currently administering
construction of the Rail-Highway Crossing Safety Enhancements and Safety
Measures Related to Quiet Zone Implementation at the Red Hill Avenue railway
crossing. Work is proceeding under Cooperative Agreement No. C-8-0863
between the City of Tustin and the OCTA. Amendment No. 1 to the Agreement
will extend the term of the agreement.
Recommendation: That the City Council:
1. Approve Amendment No. 1 to Cooperative Agreement No. C-8-0963 with
the Orange County Transportation Authority for Rail-Highway Crossing
Safety Enhancements and Safety Measures Related to Quiet Zone
Implementation at the Red Hill Avenue railway crossing, and
2. Authorize the Mayor and City Clerk to execute the document on behalf of
the City.
12. ACCEPT IMPROVEMENTS TO THE CIVIC CENTER ROOF (CIP 10032) AND
AUTHORIZE THE CITY ENGINEER TO FILE THE NOTICE OF COMPLETION
Construction of the Civic Center Roof Replacement (CIP 10032) has been
completed to the satisfaction of the City Engineer and is now ready for City
Council acceptance.
Recommendation: That City Council take the following actions:
1. Adopt Resolution No. 10-70 accepting the construction of the Civic
Center Roof Replacement (CIP 10032); and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
RESOLUTION NO. 10-70
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 CONSTRUCTION OF THE
CIVIC CENTER ROOF REPLACEMENT (CIP NO. 10032)
13. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE COLUMBUS TUSTIN GYMNASIUM ROOF
REPLACEMENT PROJECT (CIP 10065)
The plans and specifications for the Columbus Tustin Gymnasium Roof
Replacement Project (CIP 10065) have been prepared and the project is ready
to be bid.
Recommendation: That the City Council adopt Resolution No. 10-69 approving
plans and specifications for the Columbus Tustin Gymnasium Roof
Replacement Project (CIP 10065) and authorize the City Clerk to advertise to
receive bids.
City Council/Redevelopment Agency July 6, 2010
Meeting Agenda Page 6 of 10
RESOLUTION NO. 10-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE COLUMBUS TUSTIN GYMNASIUM
ROOF REPLACEMENT PROJECT (CIP 10065)
14. RELEASE OF FAITHFUL PERFORMANCE BOND FOR LENNAR/MARBLE
MOUNTAIN PARTNERS, LLC
Pursuant to a Cooperative Agreement between the City and Lennar/Marble
Mountain Partners, LLC, the Developer was required to post Faithful
Performance Bonds for their fair share of the Tustin Legacy Backbone
Infrastructure Program. Subsequently, a Community Facilities District (CFD 06-
01)was formed, bonds were sold, and the City received funds for a portion of
the Developer's fair share of Legacy backbone improvements. Lennar/Marble
Mountain Partners, LLC is requesting release of their last remaining bond for
the infrastructure improvements.
Recommendation: That the City Council release Faithful Performance Bond,
No. 6311583 in the amount of $7,044,557.
15. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE INFORMATION TECHNOLOGY/FINANCE
RECONFIGURATION (CIP 10032)
Plans and specifications for the Information Technology (IT) and Finance
Reconfiguration (CIP 10032) have been prepared and the project is ready to be
bid.
Recommendation: That the City Council adopt Resolution No. 10-72 approving
plans and specifications for the IT/Finance Reconfiguration (CIP 10032) and
authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 10-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE IT/FINANCE RECONFIGURATION
16. AWARD OF CONSTRUCTION CONTRACT FOR THE PROSPECT AVENUE
AND BENETA/AMAGANSET WAY TRAFFIC SIGNAL (CIP 40077)
Bids for the Traffic Signal at Prospect Avenue and Beneta/Amaganset Way (CIP
40077) have been received and a construction contract is ready to be awarded
to the lowest responsive/responsible bidder.
Recommendation: That the City Council
1. Award the construction contract for the Traffic Signal at Prospect Avenue
and Beneta/Amaganset Way (CIP 40077) to the lowest
responsive/responsible bidder, Steiny and Company, Inc., in the amount
City Council/Redevelopment Agency July 6, 2010
Meeting Agenda Page 7 of 10
of $262,008.00, and
2. Authorize the Mayor and the City Clerk to execute the contract
documents on behalf of theCity.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 17 through 20)
17. SECOND READING AND ADOPTION OF ORDINANCES AMENDING
COMPENSATION AND BENEFITS PROVIDED TO CITY COUNCIL
MEMBERS
Adoption of the attached Ordinances will amend compensation and benefits
provided to members of the City Council pursuant to Council direction.
Recommendation: Have second reading by title only and adopt the following
Ordinances (roll call vote):
1. Ordinance No. 1383 amending the compensation and benefits provided
to Council Members; and
2. Ordinance No. 1384 amending the compensation provided to Council
Members for serving as members of the Community Development
Commission.
ORDINANCE NO. 1383
AN ORDINANCE OF THE CITY COUNGIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTION 1303 OF THE
TUSTIN CITY CODE RELATING TO CITY COUNCIL
GONIPENSATION AND ADDING SECTION 1308 RELATING TO
CITY COUNCIL BENEFITS
ORDINANCE NO. 1384
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTION 9503 OF THE
TUSTIN CITY CODE RELATING TO COMPENSATION AND
EXPENSES OF MEMBERS OF THE TUSTIN COMMUNITY
DEVELOPMENT COMMISSION
18. TUSTIN LEGACY COMMUNITY PARTNERS, LLC's RESPONSE TO ACTIONS
TAKEN ON JUNE 15, 2010 IN RESPONSE TO UNCURED MATERIAL
DEFAULTS UNDER THE MASTER DEVELOPER DISPOSITION AND
DEVELOPMENT AGREEMENT (MASTER DEVELOPMENT) BETWEEN THE
CITY, TUSTIN PUBLIC FINANCING AUTHORITY AND TUSTIN LEGACY
COMMUNITY PARTNERS, LLC.
The Tustin City Council and Tustin Public Financing Authority took certain
actions at their meeting on June 15, in response to uncured Material Defaults of
Tustin Legacy Community Partners, LLC ("TLCP" or the "Developer") with
City Council/Redevelopment Agency July 6, 2010
Meeting Agenda Page 8 of 10
regards to the Tustin Legacy Disposition and Development Agreement (Master
Development) ("DDA"). The City Council requested that it be informed at its
meeting on July 6th of the Developer's response and the automatic options that
were applicable to the City Council's actions of June 15, 2010.
Recommendation: Receive and File.
19. APPROVAL OF RESOLUTIONS: (1) INITIATING A BALLOT MEASURE TO
DECLARE THE OFFICE OF CITY CLERK TO BE APPOINTIVE; AND (2)
AMENDING THE RESOLUTION CALLING THE GENERAL MUNICIPAL
ELECTION ON NOVEMBER 2, 2010.
During its recent budget hearings, members of the City Council discussed the
possibility that long-term cost savings may be achieved if the Office of the City
Clerk was made appointive, if that office is then staffed with an existing City
employee. Upon review, it appears this proposal - if approved by the voters in
an election -would allow the City to save both annual costs of compensating the
elected City Clerk and the costs of conducting elections for the City Clerk
position at each election cycle.
Per City Council direction, the City Attorney has prepared the resolution and
proposed initiative ordinance that would be required to initiate a ballot measure
on November 2, 2010 for the purpose of changing the City Clerk position from
elective to appointive. A Resolution adopting conforming amendments to the
Council's June 1 Resolution calling the municipal election for purposes of
electing two members of the City Council has also been prepared.
Recommendation: That the City Council:
(1) Adopt Resolution 10-73 calling and giving notice of the election and
requesting consolidation with Statewide Elections and amend the Tustin
City Code to reflect any changes to the City Clerk position, to be
implemented after the November 2, 2010 vote (Attachment 1); and
(2) Adopt Amended Resolution No. 10-74 amending the Council's June 1,
2010 Resolution Calling a General Municipal Election on November 2,
2010 (Attachment 2).
RESOLUTION NO. 10-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN CALLING AND GIVING NOTICE OF THE HOLDING. OF
A GENERAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 2, 2010, FOR THE PURPOSE OF SUBMITTING TO
THE VOTERS ACOUNCIL-INITIATED BALLOT MEASURE ON
THE ADOPTION OF AN ORDINANCE PROVIDING THAT THE
OFFICE OF THE CITY CLERK SHALL BE APPOINTIVE,
SETTING PRIORITIES FOR THE FILING OF BALLOT
ARGUMENTS, DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS, REQUESTING THE
ELECTION DEPARTMENT OF THE COUNTY OF ORANGE TO
CANVASS ELECTION RETURNS, AND REQUESTING THE
City Council/Redevelopment Agency July 6, 2010
Meeting Agenda Page 9 of 10
BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION ON
NOVEMBER 2, 2010 WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO
ELECTIONS CODE SECTION 10403.
RESOLUTION NO. 10-74
AN AMENDED RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA (1) CALLING AND GIVING
NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 2, 2010, (2) REQUESTING THE
COUNTY OF ORANGE BOARD OF SUPERVISORS TO
CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH
THE STATEWIDE GENERAL ELECTION, (3} AUTHORIZING
THE COUNTY OF ORANGE ELECTION DEPARTMENT TO
CANVASS THE ELECTION RETURNS, AND (4) PROVIDING
FOR EXPENSES OF THE ELECTION.
20. LEGISLATIVE REPORT -SENATE BILL (SB) 1445
Senate Bill (SB) No. 1445 would impose an additional fee of $1 on motor
vehicle registration statewide. Fee revenue would be used to fund SB 375
regional planning activities. One percent (1 %) of the fee revenue would be
used to support the Planning Advisory and Assistance Council (PAAC). This bill
would also revise the membership of the PAAC and create new duties for the
PAAC which would involve greater coordination among local governments,
regional governments, state departments, and the Strategic Growth Council.
Attached is a draft letter of opposition to SB 1445, based largely on the
imposition of an additional fee for SB 375 planning activities, which could be
delayed until the economy improves. A copy of SB 1445 is included as
Attachment A to this report.
Recommendation: That the City Council direct staff to transmit the attached
letter of opposition to the author of SB 1445 and to the Governor if the bill is
passed by the legislature.
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
ADJOURNMENT -The next regular meeting is scheduled for Tuesday, July 20, 2010 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/Redevelopment Agency July 6, 2010
Meeting Agenda Page 10 of 10