HomeMy WebLinkAbout00 CC AGENDA 6-21-11CITY OF TUSTIN JUNE 21, 2011
JOINT REGULAR MEETING OF THE COUNCIL CHAMBER
CITY COUNCIL AND REDEVELOPMENT 300 CENTENNIAL WAY, TUSTIN
AGENCY
John Nielsen, Mayor Pro Tem William A. Huston, Interim City Manager
Deborah Gavello, Councilmember Douglas Holland, City Attorney
Rebecca “Beckie” Gomez, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk
Al Murray, Councilmember George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER –
Meeting #2265
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 - INITIATION OF LITIGATION [Govt.
Code § 54956.9(c)] – Two Cases
C. LIABILITY CLAIMS pursuant to Government Code Section 54956.95
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Consideration of Claim of Louie Cadena, Claim No. 11-15
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.
JOINT CITY COUNCIL AND
COMMUNITY REDEVELOPMENT AGENCY MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2265
INVOCATION – Warren Johnson, Orange County Fire Authority Battalion 3
PLEDGE OF ALLEGIANCE – Councilmember Gavello
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney Douglas C. Holland
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 ITEMS
A public hearing provides individuals the opportunity to be
heard regarding an intended action of the City Council
related to land use or fees. (Agenda Item 1)
1. CODE AMENDMENT 2011-03, ORDINANCE NO. 1381 REASONABLE
ACCOMMODATION ORDINANCE
The federal Fair Housing Amendments Act of 1988 and California's Fair
Employment and Housing Act require local governments to provide a procedure
to provide individuals with disabilities reasonable accommodation in regulations
and procedures to ensure equal access to housing, and to facilitate the
development of housing for individuals with disabilities ("reasonable
accommodation"). In addition, State Law requires the City's Housing Element to
identify a plan for providing reasonable accommodation in zoning and land use.
On May 24, 2011, the City of Tustin Planning Commission adopted Resolution
No. 4148, recommending that the Tustin City Council approve Code
Amendment 2011-03 (Ordinance No. 1381) providing a procedure for
reasonable accommodation for individuals with disabilities.
Recommendation: That the Tustin City Council introduce and have first reading
of Ordinance No. 1381 approving Code Amendment 2011-03 by adding Section
City Council/Redevelopment Agency June 21, 2011
Meeting Agenda Page 2 of 8
9278 of Part 7 of Chapter 2 of Article 9 of the Tustin City Code, providing a
procedure for reasonable accommodation for individuals with disabilities and set
second reading at the July 5, 2011, City Council meeting.
ORDINANCE NO. 1381
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
ADDING SECTION 9278 OF PART 7 OF CHAPTER 2 OF ARTICLE 9
OF THE TUSTIN CITY CODE, PROVIDING A PROCEDURE FOR
REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH
DISABILITIES (CODE AMENDMENT 2011-03)
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 2 through 16)
2. APPROVAL OF MINUTES – REGULAR MEETING OF JOINT CITY COUNCIL
AND REDEVELOPMENT AGENCY HELD ON JUNE 7, 2011
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council/Redevelopment Agency held on June 7, 2011
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $4,343,218.14 and
Payroll in the amount of $669,817.56.
4. OFFICIAL POLICE TOWING SERVICE CONTRACT AWARD
The Official Police Towing Service (OPTS) Contract is up for renewal effective
July 1, 2011. A Request for Proposals (RFP) process was initiated and 13 tow
companies participated. After conclusion of the process, three tow companies
have been selected for award of the contract, for non-exclusive towing services
for the City of Tustin. The contract is for three years, with the possibility of two,
two-year extensions.
Recommendation: This report is for information only. The Police Department
has selected the following three companies for the Official Police Towing
Service contract, effective July 1, 2011:
1. Archie's Towing
2. Metro Pro Towing
3. Greater Southern California Towing
5. MEETING DATE FOR APPEAL OF DESIGN REVIEW 09-033
City Council/Redevelopment Agency June 21, 2011
Meeting Agenda Page 3 of 8
On April 26, 2011, the Planning Commission adopted Resolution No. 4163
approving Design Review 09-033, a Request to Install and Operate a Wireless
Telecommunications Facility Consisting of Three Flagpoles. This project is
located at Cedar Grove Park, 11385 Pioneer Road, in the Planned Community
Residential (PCR) East Tustin Specific Plan Zoning District. On May 6, 2011,
Mayor Pro Tem Nielsen appealed the Planning Commission's decision.
The appeal hearing is scheduled to be heard at the July 19, 2011 City Council
meeting.
6. APPROVE THE ANNUAL MEASURE M AND RENEWED MEASURE M (M2)
ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2011-2012
In order to maintain eligibility for funding under the Orange County Measure M
and Renewed Measure M (M2) Programs, the City is required to annually
submit a compliance package to the Orange County Transportation Authority
(OCTA).
Recommendation: It is recommended that the City Council take the following
actions:
1. Adopt Resolution No. 11-45 concerning the City's Circulation Element for
Master Plan of Arterial Highways consistency; and
2. Adopt the attached draft Measure M and M2 Seven-Year Capital
Improvement Program (Fiscal Year 2011-2012 through Fiscal Year 2017-
2018); and
3. Authorize the Director of Public Works/City Engineer to submit the City of
Tustin's Measure M and M2 eligibility package to the Orange County
Transportation Authority.
RESOLUTION NO. 11-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA CONCERNING THE STATUS OF THE CIRCULATION
ELEMENT FOR THE CITY OF TUSTIN
7. ADOPT RESOLUTION NO. 11-43 DECLARING THE CITY'S INTENT TO
VACATE A PORTION OF PROPERTY ADJACENT TO EL CAMINO REAL
BETWEEN RED HILL AVENUE AND NEWPORT AVENUE, AND SET A
PUBLIC HEARING
The City received a request from property owners at 1450 EI Camino Real to
purchase city property along the south side of EI Camino Real (formerly Laguna
Road) to be used to expand their parking facilities. The subject city parcel and
street easement is no longer needed for public roadway or utility purposes. The
expanded parking facilities would ease some of the current congestion caused
by vehicles queuing onto EI Camino Real as a result of the parking lot being full.
City Council/Redevelopment Agency June 21, 2011
Meeting Agenda Page 4 of 8
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 11-43 declaring the City's intent to vacate a portion
of real property adjacent to EI Camino Real and a portion of an easement
between Red Hill Avenue and Newport Avenue, and
2. Set a public hearing for July 19, 2011, at 7:00 P.M. in the City Council
Chambers to consider the matter.
RESOLUTION NO. 11-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND
ABANDON A PORTION OF REAL PROPERTY ADJACENT TO EL
CAMINO REAL AND A PORTION OF AN EASEMENT BETWEEN
RED HILL AVENUE AND NEWPORT AVENUE, AND TO SET A
TIME AND PLACE FOR A PUBLIC HEARING THEREON
8. AWARD OF CONTRACT FOR TUSTIN RANCH IRRIGATION SYSTEM
UPGRADES CIP NO. 10064
Staff is requesting that the City Council award the construction contract for the
Tustin Ranch Irrigation System Upgrades CIP No. 10064 to the lowest
responsive/responsible bidder.
Recommendation: It is recommended that the City Council award the
construction contract for the Tustin Ranch Irrigation System Upgrades CIP No.
10064 to the lowest responsive/responsible bidder, American Landscape, in the
amount of $1,124,286.50, and authorize the Mayor and the City Clerk to
execute the contract documents on behalf of the City.
9. AWARD OF CONTRACT FOR CUSTODIAL SERVICES FROM JULY 1, 2011
THROUGH JUNE 30, 2012 WITH THE OPTION OF FOUR, ONE-YEAR
EXTENSIONS
Staff is requesting the City Council to award a contract for custodial
maintenance services at various City of Tustin buildings and park restrooms to
Valley Maintenance Corporation. The contract will provide for all daily and
periodic custodial needs for the Fiscal Year 2011-2012, with the option of four,
one-year extensions through June 30, 2016.
Recommendation: It is recommended that the City Council award this Custodial
Services Contract to Valley Maintenance Corporation, in the amount of
$200,892 for the period from July 1, 2011 through June 30, 2012, and authorize
the Mayor and the City Clerk to execute the contract documents on behalf of the
City.
10. APPROVE CONTRACT FOR ANNUAL MAINTENANCE SERVICES FOR
CITYWIDE TRAFFIC SIGNALS
City Council/Redevelopment Agency June 21, 2011
Meeting Agenda Page 5 of 8
Staff has completed its review of contractor proposals and is requesting the City
Council to approve an annual contract for traffic signal maintenance services to
Computer Service Company (CSC).
Recommendation: It is recommended that the City Council approve the contract
for Annual Maintenance Services for Citywide Traffic Signals for FY 2011-2012
through FY 2015-2016 with Computer Service Company, and authorize the
Mayor and City Clerk to execute the contract documents on behalf of the City.
11. APPROVE AMENDMENT NO. 2 TO A CONSULTANT SERVICES
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND PSEC,
INC. FOR TUSTIN LEGACY ENVIRONMENTAL SERVICES
Approval is requested of Amendment No. 2 to a Consultant Services Agreement
between the Redevelopment Agency and Pacific States Environmental
Contractors, Inc. ("PSEC") for additional environmental assessment services at
Tustin Legacy. The Amendment will provide additional services related to bid
specification language for underground utility installation work, soil sampling,
and groundwater modeling for the Tustin Ranch Road Project and technical
support for soil import criteria and Navy PERF approvals.
Recommendation: It is recommended that the City Council/Members of the
Board of Directors of the Tustin Community Redevelopment Agency:
1. Approve Amendment No. 2 to a Consultant Services Agreement between
the City and PSEC for additional environmental support services,
increasing the not to exceed amount by $63,800 to $152,785, and
authorize the City Manager and/or Assistant City Manager to execute the
document on behalf of the City; and
2. Appropriate $56,000 from unappropriated fund balance of the MCAS
2010 Tax Allocation Bond Proceeds Fund (561) and $7,800 from the
unappropriated fund balance of the MCAS Tustin Redevelopment Fund
(555) to the Tustin Ranch Road Extension CIP No. 70206 respectively, to
cover associated expenses.
12. APPROVE HOMEOWNER AGREEMENTS AND MEMORANDA FOR
CERTAIN PROPERTIES IN CONJUNCTION WITH THE TUSTIN RANCH
ROAD EXTENSION PROJECT BETWEEN WALNUT AVENUE AND
VALENCIA AVENUE (CIP No. 70100)
Staff is recommending that the City Council and the Tustin Community
Redevelopment Agency approve certain agreements associated with the
required applicable noise mitigation measures as identified in the Final
Supplement #1 to the Final EIS/EIR for the Tustin Ranch Road Extension
Project CIP No. 70100 & 70206 on or adjacent to the property located at 2361
Sable Tree Circle (Receptor 6), 2362 Sable Tree Circle (Receptor 7), 2361
Caper Tree Drive (Receptor 10), 2372 Caper Tree Drive (Receptor 12), 2371
Silk Tree Drive (Receptor 13), 2382 Coco Palm Drive (Receptor 18), and 2381
City Council/Redevelopment Agency June 21, 2011
Meeting Agenda Page 6 of 8
Apple Tree Drive (Receptor 19).
Recommendation: It is recommended that the City Council and Tustin
Community Redevelopment Agency:
1. Approve the attached documents for 2361 Sable Tree Circle (Receptor
6), 2362 Sable Tree Circle (Receptor 7), 2361 Caper Tree Drive
(Receptor 10), 2372 Caper Tree Drive (Receptor 12), 2371 Silk Tree
Drive (Receptor 13), 2382 Coco Palm Drive (Receptor 18), and 2381
Apple Tree Drive (Receptor 19) including the Project Implementation
Agreement and Memorandum of Project Implementation Agreement for
each and authorize the Mayor, the City Manager/Executive Director or
the Assistant City Manager/Assistant Executive Director to execute the
agreement on behalf of the City and Agency, in a form substantially
consistent with the attached and subject to approval by the City Attorney;
and
2. Appropriate $63,355 from unappropriated funds from the CFD 06-01
Fund (435) to the Tustin Ranch Road Extension Project Capital
Improvement Program Fund between Walnut Avenue and Valencia
Avenue (CIP No. 70100).
13. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS
Redevelopment Agency staff provides on a monthly basis an update of
redevelopment related projects.
Recommendation: Receive and File.
14. TUSTIN LEGACY ENVIRONMENTAL INSURANCE
The Redevelopment Agency seeks City Council authorization to solicit
proposals for environmental insurance for a portion of the Tustin Legacy project.
Recommendation: It is recommended that the City Council authorize the
solicitation of proposals regarding environmental insurance for portions of the
Tustin Legacy project.
15. AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH GRIFFIN
STRUCTURES, INC. RELATED TO TUSTIN LEGACY FIRE STATION
FACILITY
Tustin City Council approval is requested for an amendment to a consulting
services agreement for construction management services for the Tustin
Legacy Fire Station Facility.
Recommendation: It is recommended that the City Council approve and
authorize the City Manager or Assistant City Manager to execute an
amendment to the Consultant Services Agreement with Griffin Structures, Inc.
City Council/Redevelopment Agency June 21, 2011
Meeting Agenda Page 7 of 8
(the "Consultant") for construction management services for Phase V of the
Tustin Legacy Fire Station project, subject to any minor corrections as may be
required by the City Attorney.
REGULAR BUSINESS ITEM
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 16)
16. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
OTHER BUSINESS/COMMITTEE REPORTS
ADJOURNMENT – The next meeting is scheduled for Tuesday, July 5, 2011 at 4:00 p.m.
for a Budget Workshop followed by the Closed Session Meeting at 5:30 p.m. and the
Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin,
California.
City Council/Redevelopment Agency June 21, 2011
Meeting Agenda Page 8 of 8