HomeMy WebLinkAbout20 FIRE STATION 43 06-06-94NO. 20
6-6-94
;DATE:
JUNE 6, 1994
Inter-Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM' COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: FIRE STATION 43 - FACILITY AND FIRE ENGINE LEASE AGREEMENTS
RECOMMENDATION
It is recommended that the City Council authorize the City Manager
to execute the attached Facility Lease and Fire Engine Lease
Agreements between the City of Tustin and the County of Orange for
the use of Fire Station No. 43 and a Type 1 Fire Engine Pumper.
FISCAL IMPACT
There are no direct fiscal impacts to the City related to the
Leases. The East Tustin Facility'Fees for Fire 'Protection Facility
and Equipment, as established by City Council Resolution 88-12,
will be used to construct the Fire Protection Facility and purchase
the new engine pumper. Any shortfalls in East Tustin Facility Fees
Will be satisfied by The Irvine Company pursuant to provisions of
the Reimbursement Agreement, as amended August 16, 1993.
BACKGROUND/DISCUSSION
Provisions of the East Tustin Development Agreement determined the
need for an additional fire protection facility to serve East
Tustin and required The Irvine Company to dedicate land adequate to
support the facility and to fund the constructiOn of the facility
and acquisition of a new engine pumper at a cost of $1.3 million
dollars (in 1985 dollars). Consistent with the methods of
financing authorized by the Development Agreement, the City
implemented a developer fee program (Fire Protection Facility
Fees), as established by City Council Resolution 88-12, to finance
the fire protection facility and equipment. These fees are
collected upon issuance of building permits for all development
projects in East Tustin.
With the continued buildout which is occurring in East Tu~tin, thc
Orange County Fire Department was particularly interested in
ensuring adequate emergency response and expressed a desire to
expedite the schedule for construction of the fire protection
facility. On March 20, 1990 the City of Tustin and the County of
Orange entered into a Memorandum of ~nderstanding which set forth
City Council Report
Fire Station 43 - Facility
and Fire Engine Lease Agreements
June 6, 1994
Page 2
the terms and obligations of each party regarding the equipping and
operation of the Fire Facility. On September 10, 1990, a
Reimbursement Agreement between The Irvine Company and the City of
Tustin was executed for the reimbursement of costs for construction
of Fire Station 43 and purchase of a new engine pumper.
On June 3, 1991, a Construction Implementation Agreement was
executed between The Irvine Company and the City of Tustin which
made provisions for the design, construction and dedication of Fire
Station 43 in East Tustin. Subsequently, minor amendments to this
Agreement were approved by the City Council which refined and
reflected more accurate details of the project.
The City and the County have been working toward finalizing the
attached leases for review and approval of the Tustin City Council.
There are two leases: one for the land/building of the Fire
Station and one for the fire engine pumper. With the execution of
the leases, the Fire Station Facility and Engine Pumper will be
dedicated and owned by the City and leased back to the County.
'Fire Station No. 43 commenced construction in October 1993 and is
anticipated to be completed and ready for occupancy by the end of
May. The Fire Department would like to have the facility fully
operational by July 1, 1994.
The relevant details of each lease are summarized below:
Fire Station Facility
Term of the lease will be 15 years and may be extended upon
mutual agreement of the City and County.
Fire station facility will be leased to the County at no cost.
County shall assume responsibility and costs for janitorial
maintenance, repair of plumbing, electrical, mechanical, air
conditioning, sprinklers, maintenance or replacement of
landscaping, irrigation, fixtures, equipment, furnishings,
roof coverings and interior/exterior repainting.
County shall maintain comprehensive liability insurance on the
fire station facility.
City Council Report
Fire Station 43 - Facility
and Fire Engine Lease Agreements
June 6, 1994
Page 3
Tustin shall provide and maintain fire insurance on the
facility.
Tustin shall pay all taxes and assessments.
In the event the City of Tustin forms a fire district or Joint
Powers Fire Protection Authority, upon execution of a new
lease, all rights and privileges'of the County as prescribed
in the lease for the fire station facility shall be
transferred to the new district/authority.
Fire Enqine
Tustin will reimburse County for the cost of the Fire EnGine
Pumper plus related equipment, tax, reGistration, and
licensinG, at a cost not to exceed $272,066.
Term of the fire engine lease shall'be 15 years.
County will assume all responsibility for maintenance and
repair of the fire engine and equipment replacement durinG the
15 year term of the lease.
County will be responsible for insurinG the fire engine and
equipment.
If Tustin terminates this lease within the 15 year term,
County shall return to Tustin a fully equipped fire engine in
sound operatinG condition. After 15 years the fire engine
shall be considered fully consumed and Tustin shall have the
right to purchase the engine for one ($1) dollar.
In the event the City of Tustin forms a fire district or Joint
Powers Fire Protection Authority, upon execution of a new
lease, all rights and privileges of the County as prescribed
in the lease for the fire station facility shall be
transferred to the new district/authority.
CONCLUSION
The proposed leases will ensure that the City of Tustin is
adequately served for fire protection service and that the County
will be able to occupy Fire Station No. 43 and have adequate
City Council Report
Fire Station 43 - Facility
and Fire Engine Lease Agreements
June 6, 1994
Page 4
apparatus (Fire Engine) at no cost. Based upon the information
provided in this report and contained in the proposed leases, it is
recommended that the City Council authorize the City Manager to
execute the proposed leases, subject to final approval by the City
Attorney.
Assistant 'Director
'C~istine A.
Assistant City M~nager
RW: CAS: kbc\ fs4 3 lse. rw
Attachments:
Attachment A - Lease - Fire Station No. 43
Attachment B - Lease - Fire Engine Lease and
Agreement.
ATTACHMENT A
LEASE- FIRE STATION NO. 43
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GA 880-2
OCFD/Tustin Fire Station #43
LEASE
THIS LEASE is made _ , 1994, by and between the CITY OF
TUSTIN, a general law city and-~nunicipal corporation in the State of California
("TUSTIN"), and the COUNTY OF ORANSE, a general law county of the State of California
("COUNTY").
RECITALS
. COUNTY provides fire protection and medical aid services within the incorporated
oundaries of TUSTIN in accordance with a Fire Services Agreement dated
January 27, 1987 and amended April 21, 1992 and June 8, 199:) ("Fire Services
Agreement").
B. Residential and commercial development in the Emst Tustin Specific Plan Area
("East Tustin") and adjacent County unincorporated arem hmve created a need for
additional fire protection and medical aid to serve East Tustin. The developer of East
Tustin entered into a Development Agreement with TUSTIN, executed December 3, 1986, by
which Developer agreed to provide to TUSTIN certain public improvements and
dedications, including dedication to TUSTIN of a fire station site, a fire station
facility ("Fire Station Facility") on that site, and a Fire Engine Type I, ms partiml
consideration for TUSTIN's agreements as set forth in the said Development Agreement.
C. COUNTY and TUSTIN entered into a Memorandum of Understanding on Mmrch 20, 1990,
which sets forth.the proposed terms of the obligations of each party regarding the
construction, equipping and oparmtton of a Fire 'Station Facility to serve the East
Tustin area, and provides that COUNTY and TUSTIN shmll enter into a lease agreement for
COUNTY's use of the Fire Station Facility for the purpose of providing fire protection
services to East Tustin.
NOW, THEREFORE, TUSTIN and COUNTY hereby agree as follows:
1. FIRE STATION FACILITY (1.:) N)
TUSTIN leases to COUNTY the real property, improvements, furnishings and equipment
dascribed in Exhibit A and Exhibit C attached hereto and by reference made a part
hereof. The property and improvements are shown on Exhibit "B" attached hereto and by
reference made a part hereof.
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2. TEP~4 (2.2 N)
The term of this Lease shall comence on the first day following execution and shall
run concurrently with the term of the Fire Services Agreement between TUSTIN and COUNTY
and any revisions, extensions or replacements, and shall expire June 30, 19gg. If the
Fire Services Agreement is teminated for any reason, this Lease shall also imediately
te~inate in its'entirety.
The rem of this Lease shall be automatically extended in conjunction with each
extension of the Fire Services Agreement, and the Lease will expire on the same day as
provided in each extension to the Fire Services Agreement.
In thG event TUSTIN and COUNTY agree in w~ittng, prior to the expiration date of the
Fire Services Agreement, that the intent ~s to extend the Fire Services Agreement, then
this Lease shall remain in full force and effect; however, if at any time after the
expiration date of the Fire Services Agreement has passed and either TUSTIN or the
COUNTY glve written notice that "the Fire Services Agreement will not be extended and
is requesting that the Lease be terminated", then the Lease, thereafter, would
terminate on the day the COUNTY vacates the Premises, but not later than gO days from
the date of said written notice is received by either TUSTIN or the COUNTY.
3. OPTION TO TERHINATE LEASE (N)
COUNTY and TUSTIN shall each have the option to terminate this Lease at any time upon
giving the other party written notice at least three hundred sixty-five (365) d~ys
prior to either termination date, or, if the Fire Services Agreement is terminated for
any reason, this Lease shall also immediately terminate concurrently, in its entirety.
4. CONSIDERATION/RENT iN)
In'consideration of the flre protection and medical aid services to be provided by
'COUNTY to TUSTIN, as set forth in said Fire Services Agreement, COUNTY shall not be
obligated to pay rent to TUSTIN for use of the Fire Station Facility.
5. ALTERATIONS (4.4 S)
COUNTY may make improvements and changes'upon and within the Fire Station Facility,
including but not limited to, the installation of fixtures, partitions, counters,
shelving, and equipment as deemed necessary. It is agreed that any such fixtures,
partitions, counters, shelving or equipment attached to or placed upon the Fire Stat'ion
Facility by COUNTY shall be considered as personal property of COUNTY, which shall have
the right to remove same, provided, however, that COUNTY must leave the Fire Station
Facility in as good condition as when received, reasonable wear and tear excepted.
6. REPAIR, MAINTENANCE, AND JANITORIAL SERVICES (5.1 N)
COUNTY she11 provide, at its sole cost and expense, for all Janitorial supplies and
services to the Fire Station Facility.
In addition, COUNTY shall also provide, at its sale cost and expense, repainting oF
interior and exterior surfaces (as needed); the servicing, maintenance and repair of
plumbing, electrical, mechanical and HVAC Systems~ fire sprinkler system, and apparatus
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doors; and repair of a11 damage caused by COUNTY. However, TUSTIN shall be responsib
for repairing damage due to acts of God construction or structural defects, latent.or
otherwise, within the Fire Station Faciiity.
COUNTY shall also provide, at its sole cost and expense, for the repair and maintenance
or replacement, if necessary, of exterior walls, landscaping and irrigation, parking
areas, ramps and driveways, dispenser systems, roof coverings, fixtures, equipment, and
furnishings. An inventory of furnishings, provided with this Lease is shown in Exhibit
"C" attached hereto and made a part hereof.
COUNTY shall not be responsible for any mai'ntenance, repairs, or replacements covered
by the warranty of either the construction contractor or The Irvine Company.
Repairs and/or replacements within the Fire Station Facility deemed to be the
responsibility of TUSTIN, shall be completed by TUSTIN within 60 dmys notice by COUNTY.
COUNTY shall have the option of completing such repmirs if such repairs are not
completed by TUSTIN within 60 days notice by COUNTY. TUSTIN agrees that the COUNTY's
cost of such repairs, including lmbor, materimls, and overhead, may be includsd by
COUNTY in the following year's Firm Services Agreement.
7. UTILITIES (S.2 N)
COUNTY shall be responsible for and pay, prior to the delinquency date, all charges for
utilities supplied to the Fire Station Facility, including trash disposal service.
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8. FIRE INSURANCE (5.3 N)
TUSTIN shall procure, Pay all premiums upon, and maintain for the benefit of COUNTY ah.
TUSTIN, throughout the term of this Lease, fire insurance with extended coverage on the
Fire Station Facility to the full insurable value of all improvements thereon.
Included in the policy or policies of fire insurance shall be a standard waiver of
right of subrogation against COUNTY by the insurance company' issuing said policy or
policies. TUSTIN shall provide COUNTY evidence of compliance with these requirements.
At TUSTIN's option, TUSTIN may self-insure the coverage required by this section.
9. PUBLIC LIABILITY INSURANCE (AE6.1 S)
COUNTY agrees, at its sole expense, to maintain in force during the term of this Lease
comprehensive general liability insurance, insuring against claims for injuries to
persons or property occurring in, upon, or about the Fire Station Facility. Said
insurance shall have limits of not less than $1,000,000 and $1,000,000 fo~ injuries to
person or persons, and not less than $1,000,000 for property damage. At COUNTY'S
option, COUNTY may self-insure the coverages required by this paragraph.
10. INDEMNIFICATION (NB
COUNTY shall indemnify and save harmless TUST1N, its lofficers, agents, and employees,
from and against any and all claims, demands, losses, or liabilities of any kind or
nature which TUSTIN, its officers, agents, and employees may sustain or incur or which
may be alleged against them mnd/or attempted to be imposed upon them or any of them for
injury to or death of persons, or damage to property as a result of, or arising out of,
the intentional acts or negligence of COUNTY, its officers, agents, employees,
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subtenants, invitees, or licensees, or arising in connection with the occupancy and use
of the Fire Station Facility by COUNTY.
TUSTIN shall indemnify &nd save harmless COUNTY, its officers, agents, and employees,
from and against any and all claims, demands, losses, or liabilities of any kind or
nature which COUNTY, its officers, agents, and employees may sustain or incur or which
may be alleged against them and/or attempted to be imposed upon them or any of them for
in3ury to or death of persons, or damage to property as a result of, o~ arising out of,
the Intentional acts or negligence of TUST[N, its officers, agents, employees,
subtenants, invitees, o~ licensees, o~ a~sing in connection with regard to this Lease.
11. TAXES AND ASSESSMENTS (5.6 N)
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All taxes and assessments which become due and payab;e upon the Fire Station Facfltty
8 shall be the full responsibility of TUSTIN, and TUSTIN shall cause said taxes and
assessments to be paid prior to the due date.
1~. BUILDING AND SAFETY REQUIREMENTS (S.7 N)
COUNTY agrees to maintain the Fire Station Facility as a "safe place of employment", as
1I defined in the California Occupational Safety and Health Act (California Labor Code,
Division $, Part l, Chapter 3, beginning with Section 6400) and the Federal
12 Occupational Safety and Health Act, where the provisions of such Act exceed, DP
supersede, the California Act, as the provisions of such Act ape applicable on the date
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_14 The cost of repairs required to assure steuctural integrity and that the facility
~ remains in compliance with building codes, will be. the sole responsibility of TUSTIN.
13.'CONCESSIONS. (5.8 S)
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COUNTY may, at COUNTY's option, contract w~th and receive fees from outside vendors
17 that provide service to the Fire Statton Facility, as shown on the attached Exhibit B.
18 14. TOXIC MATERIALS (5.9 N)
19 COUNTY'hereby warrants and represents that COUNTY ~n its operation of the F~re Station
F~ctltty, will comply with a~ laws and regulations re~ating to the storage, use and
~0 d~sposal of hydrocarbon substances and hazardous, toxic or radioactive matte~,
including those materials ~denttfted in Title 22, California Administrative Code
21 Section 66680 through ~6685, as amended (collectively "Toxic Materials"). Except as
provided in clause ]~ (UNDERGROUND FUEL TANKS), the COUNTY shall be resoons~b~e for and
shall indemnify and hold TUSTIN~ its off~cers, directors, employees, agents, and
23 representatives, harmless from and against all claims, costs and liabilities, including
attorneys' fees and costs arising out of or in connection with the storage, usa, and
24 disposal of Toxic Materials on the Fire Station Facility by COUNTY. If the storage,
use, and disposal of Toxic Materials on the Fire Station Facility is caused by COUNTY
25 and ~esults in contamination or deterioration of water or soil resulting in
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a level of contamination greater than maximum allowable levels established by any
governmental agency having jurisdiction over such contamination, COUNTY shall promptly
take any and all action necessary to clean up such contamination.
COUNTY shall, at COUNTY's sole expense, furnish TUSTIN with a hazardous materials
report at the end of the. lease term.
15. UNDERGROUND FUEL TANKS (8,:~ N)
TUSTIN shall be responsible for repairing and maintaining underground fuel tank system
installed as part of the Fire Station Facility. COUNTY shall be responsible for repairs
and maintenance to the a.bove-ground tank equipment and said underground fuel tank
system shall be monitored on a 24-hour, daily basis. Upon TUSTIN's request, the COUNTY
shall provide TUSTIN with results of monitoring, or when there are any breaks or system
failures identified as a result of said monitoring. TUSTIN shall be responsible for
ali mitigation of contamination caused by any fuel leakage from said underground tanks
occurring during the term of this lease and any extension and for any and all
contamination which starts during the term of any extensions and continues after the
end of the term or extensions thereof.
COUNTY shall be responsible for all mitigation of contamination due from any COUNTY
caused fuel spills occurring during the term of this lease and any extension and for
any and all contamination which starts during the term of any extensions and continues
after the and of the term or extensions thereof.
16. SURRENDER AT EXPIRATION (6.7 N)
Upon .termination of this Lease, whether caused by lapse of time or otherwise, COUNTY
shall, at once, surrender possession of the Fire Station Facility and deliver it to
TUSTIN.
17. DEFAULTS AND REMEDIES (6.9 N)
In the event of any breach of this Lease by COUNTY, TUSTIN shall notify COUNTY in
writing of such breach, and COUNTY shall have thirty (30) days in which to initiate
action to cure said breach and COUNTY shall proceed to complete the cure of such breach
with due diligence.
In the event of any breach of this Lease by TUSTIN, COUNTY shall notify TUSTIN in
writing of such breach, and TU$1IN shall have thirty (30) days in which to initiate
action to cure said breach and TUSTIN shall proceed to complete the cure of such breach
with due diligence.
18. FIRE DISTRICT (N)
In the event a fire district, Joint Powers Authority o~ any other governing body is
created with fire protection responsibilities and jurisdiction over the East Tustin
area of the City of Tusttn $o that COUNTY will itself no longer have jurisdiction to
provide the services contemplated by th~s Lease, all of the rights and privileges of
COUNTY prescribed in this Lease shall be transferred by COUNTY to such district and'
deemed ~ssumed by,such district upon the district assuming all of the obligations of
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COUNTY to the satfsfaction of TUSTZN and upon TUST[N giving its wrttten approVal of
such assignment and assumption.
19. NOTICES (9,1 S)
All written ~otices pursuant to this Lease shall be addressed as set forth below or as
either party may hereafter designate by written notice and shall be deemed delivered
upon personal delivery, delivery by facsimile machine, or 7~ hours after deposit in the
United States Mail.
TO: TUSTIN
TO: ~
William Huston, City Manager
City of Tustin
.P.O. Box 3539
Tustin, CA 92681-,3539
County of Orange
GSA/Real Estate
Leasing Section
14 Civic Center Plaza, 3rd Floor
P.O. Box 4106
Santa Ana, CA 92702-4106
and
Christine Shingleton
Director of Community Development
City of Tustin
P.O. Box 3S39
Tustin, CA 92681-3B39
Orange County Fire Department
180 South Water Street
Orange, CA 92666
Copy to:
James G. Rourke, City Attorney
Rourke, Woodruff & Spradl In
701 S. Parker Street, Ste. 7000
Orange, CA 95668
ZO, ATTACHMENTS (9.2 N)
This Lease includes the following, which are attached hereto and made a part hereof:
I. GENERAL CONDITIONS
II. EXHIBITS
EXHIBIT A- Legal Description of the Real Property - Fire Station Facility
EXHIBIT B- Plot Plan - Fire Station Fa¢iliLy
EXHIBIT C - Inventory of Furnishings and Equipment
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IN WITNESS WHEREOF, the parties have executed this agt'eement the day and year firs
above written.
TUSTIN
Ct ty of Tusti n
William Huston, City Flanager
V-~orie Whlteman, Chief Deputy City Clerk
APPROVED AS TO FORM:
County Counsel
By
APPROVED AS TO FORM:
CITY ATTORNEY
,lames $. Raurke
RECOMMENDEO FOR APPROVAL:
Orange County Fire. Department
By
General Services Agency
Real Estate
By
Reml Property Agent
SIGNED AND CERTIFIED THAT A COPY OF
THIS OOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
(~OUNTY
COUNTY OF ORANGE
PHYLLIS A. HENDERSON
Clerk of the Board of Supervisors
of Orange County, California
-Cha'i'Fman, Board of Superviso,'s
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GENERAL CONDITIONS iS)
1. LEASE ORGANIZATION (10.1 S)
The various headings in this Lease, the numbers thereof, and the organization of the
Lease into separate sections and paragraphs are for purposes of convenience only and
shall not be considered otherwise.
2. INspECTION (10.2 N)
TUSTIN or his authorized rep?sent~tive shall have the right at all reasonable times' to
inspect the Fire Station Facility to determine if the provisions of this Lease are
being complied with.
3. SUCCESSORS IN INTEREST (10,3 S) ,
Unless otherwise provided in this Lease, the terms, covenants, and conditions contained
herein shall _mpply to and bind the he.irs, successors, execu, tors, administrators: and
assigns of all the parties hereto, all of whom shall be Jointly and severally l~able
hereunder.
4. DESTRUCTION OF OR DAMAGE TO THE FIRE STATION FACILITY (10.4 N)
In the event of partial or complete destruction of the Fire Station Facility due to
COUNTY's negligence, COUNTY shall immediately m)ke repairs as are necessary to restore
the Fire Station Facility to the condition which existed prior to destruction or damage
and/or make repairs'ms are necessary to make the Fire Station Facility safe and fit for
occupancy. The destruction (including any destruction necessary in order to make
repairs required 'by any declaration), damage or declaration shall in no way render this
Lease null and void.
If COUNTY refuses to make such repairs or if such repairs are not completed by COUNTY
within a reasonable time and schedule to.be agreed upon by the parties in the
reasonable exercise of their discretion, TUSTIN mmy, at its option, terminate the Lease
or make such repairs and COUNTY shall PaY TUSTIN the documented cost thereof including
labor, materials, and overhemd within go days of completion of repairs and written
notice from TUSTIN. ·
In the event of partial or complete destruction of the Fi? Station Facility due to all
causes other than COUNTY's negligence, TUSTIN shall immed~mtely make repairs as
necessary to restore the Fire Station Facility to the condition which existed prior to.
destruction or damage and/or make repairs as are necessary to make the Fire Station
Facility safe and fit for occupancy. The destruction (including any destruction
necessary in oPder to make repairs required by any declaration), damage or declaration
shall in no way render this Lease null and void.
If TUSTIN does not make such repairs or if such repairs are not completed by TUSTIN
within a reasonable time and schedule to be agreed upon by the parties in the
reasonable exercise of their discretion, COUNTY may, at its option, terminate the
Lease, or, the COUNTY's cost of such repairs, including labor, materials, and overhead,
may be included by COUNTY in the following year's Fire Services Agreement.
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AMENDMENT (10.5 S)
This Lease sets forth the entire agreement between TUSTIN and COUNTY and any
modification must be in the form of a written amendment.
6. PARTIAL INVALIDITY (10.0 S)
If any term, covenant, condition, or provision of this Lemse is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be
affected, impaired, or invalidated thereby.
7. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (10.7 S)
If either party hereto shall be delayed or prevented from the performance of any act
required hereunder by reason of acts of Gad, performance of such act shall be excused
for the period'of the delmy;.and the period for the performance of .~ny s,uc.h .act shall
be extended for a period equivalent to the period of such delay. F~n. anc~am ~nability
shall not be considered a circumstance excusing performance under this Lease.
8. STATE AUDIT (10.8 N)
Pursuant to and in accordance with Section 1053~ of the California Government Code, in
the event that this Lease involves expenditures and/or potential expenditures of State
funds aggregating in excess of ten thousand dollars ($10,O00),.TUSTIN shall be subject
to the examination and audit of the Auditor General of the State of California for a
period of three years after final payment by COUNTY to TUSTIN under this Lease. T!
examination and audit shall be confined to those matters connected with the petrol,. .e
Of the contract, including, but not limited to, the costs of administering the
contract.
g. WAIVER OF. RISHTS (lO.g N).
The failure of TUSTIN or COUNTY to insist upon strict performance of any of the terms,
conditions, and covenants in this Lease shall not be deemed a waiver of any right or
remedy that TUSTIN or COUNTY may have, and shall not be deemed a waiver of any right or
remedy for a subsequent breach or default of the terms, conditions, and covenants
herein contained.
10. HOLDING OVER (10.10 S)
In the event COUNTY shall continua in possession of the Fire Station Facility after the
term of this Lease, such possession shall not be considered a renewal of this Lease but
a tenancy from month-to-month and shall be governed by the conditions and covenants
contained in this Lease.
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1i. EARTHQUAKE SAFETY (10.12 N)
TUSTIN warrants that, as of the date of this Lease, the Fire Station Facility is in
compliance with all applicable seismic safety regulations and building codes.
12. DEFINITION OF COUNTY (10.13 S)
The term "COUNTY" shall mean the Board of Superviso,s of the political body that
executed this agreement or its authorized representative.
13. QU!ET ENJOYMENT (10.14 N)
TUSTIN agrees that, subject to the terms, covenants and conditions of this Lease,
COUNTY may, upon observing and complying with all terms, covenants and conditions of
this Lease, peaceably and quietly occupy the Fi~e Station Facility.
14. TIME (10.16 $)
Time is of the essence of this Lease.
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LEASE DESCRIP. TION (11.1 N)
PROJECT NO~ GA 880-2 DATE: 5-4-94
PROJECT: OCFD/Tustin Fire Station #43 WRITTEN BY: OWB
All the premises shown crosshatched on a plot plan marked Exhibit B, attached hereto
and made a part hereof, being that certain two (2) story building located at 11490
Pioneer Road, in the City of Tustin, County of Orange, State of California, and located
on Lot 21 of Tract No. 13627 per map recorded in Book 644, pages I through 20 of
Miscellaneous Maps in the office of the County Recorder of the County of Orange and ms
shown on Exhibit 8.
NOT TO BE RI/CORDED
dB :kin
5-4-94
EXHXmXT A
~~,~,, ~A EXHIBIT B
Chkd:
D~tl: I~al ~ DIv~lon
EXHIBIT "C"
INVENTORY OF FURNISHINGS AND EQUIPMENT
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ATTACHMENT B
LEASE- FIRE ENGINE LEASE
AND AGREEMENT
FIRE ENGINE LEASE AND AGREEMENT
This Lease and Agreement is made and entered into by and
between the CITY OF TUSTIN, a general law city and municipal
corporation in the State of California ("Tustin") and the COUNTY OF
ORANGE, a general law county of the State of California ("County")
on , 1994.
RECITALS
A. County provides fire protection and medical aid services
within the incorporated boundaries of Tustin in accordance with a
Fire Services Agreement dated January 27, 1987 amended on April 21,
1992 and June 8, 1993 ("Fire Services Agreement").
B. Residential and commercial development in the East Tustin
Specific Plan Area ("East Tustin") and adjacent County
unincorporated area have created a need for additional fire
protection and medical aid to serve East Tustin. The developer of
East Tustin ("Developer") entered into a Development Agreement,
executed December 3, 1986, by which Developer agreed to provide
certain public improvements and dedications in East Tustin,
including dedication to Tustin of a site for a fire station,
construction on that site (prior to dedication) of a fire station
facility ("Fire Station Facility") and dedication/donation'.of a
Fire Engine Pumper ("Fire Engine") to Tustin as partial
consideration for Tustin's assurance that Developer shall be able
to complete its 'development as set forth"in the East Tustin Plan
adopted by Tustin on March 17, 1986.
C. County and Tustin entered into a Memorandum of
Understanding on March 20, 1990, which generally sets forth the
terms of the obligations of each party regarding the construction,
equipping, dedication and operation of the Fire Station Facility
and procurement of a Fire Engine and provides that County and
Tustin shall enter into a lease agreement of the Fire Engine.
NOW, THEREFORE, County and Tustin hereby agree as follows:
!. Fire Enqine Purchase.
The County will take primary responsibility for the
procurement of the Fire Engine, subject to Tustin's review and
approval. Title and ownership shall be placed in the name of
Tustin within 60 days after reimbursement has taken place.
Tustin will reimburse County for the cost of the Fire
Engine plus related equipment, applicable taxes, and registration/
licensing fees for the actual net cost of the Fire Engine, but not
to exceed Two Hundred Seventy-Two Thousand Sixty-Six Dollars
($272,066) including all taxes. A list of the "related equipment"
is set forth on Exhibit "C" attached hereto. After taking delivery
from the manufacturer, County will invoice Tustin for the actual
JGR:jab:R3:051393(A300.jab) 1
net purchase price of the Fire Engine and related equipment.
Tustin shall pay County within thirty (30) days of receipt of the
invoice.
2. Equipment Lease - Fire Engine Type 1.
Tustin hereby leases to County and-County hires from
Tustin one TYPe 1 Fire Engine Type 1 including all related
equipment identified in Exhibits "B" and "C" attached hereto.
Although owned by Tustin, the Fire Engine will be a regular part of
the County's automotive fleet and will be rotated on a regular
basis as provided for by the County Vehicle Replacement Plan.
3. Term.
The term of this Lease shall commence the date first
above written with actual possession by County to commence upon
payment by Tustin to County for the cost of the Fire Engine as
prescribed hereinabove. Should such date of possession by County
be prior to Tustin's issuance of a Certificate of Use and Occupancy
of the completed Fire Station the County shall store the Fire
Engine at a safe and satisfactory location in the vicinity of the
Fire Station. Tustin shall confirm the commencement date of
possession in writing. The term of this Fire Engine Lease shall be.
fifteen (15) years from the date both parties enter into this
agreement. At the end of the fifteen (15) year lease term, the
County will be responsible at its sole expense to provide a
replacement Fire Engine Type 1 with similar equipment identified in
Exhibit C. In the event a fire district'Joint Powers Authority or
any other governing body is created with fire protection
responsibilities and jurisdiction at the option of Tustin, this
Fire Engine Lease with the County of Orange, may be transferred to
the new district or Joint Powers Authority or may immediately be
terminated in its entirety.
4. Option to Terminate Fire Enqine Pumper Lease.
County and Tustin shall each have the option to terminate
this Lease at any time upon giving the other party written notice
at least three hundred sixty-five (365) days prior to the
termination date.
If Tustin terminates this Lease pursuant to this section
within the fifteen (15) year lease term, County shall transfer to
Tustin a Type 1 fully equipped Fire Engine in sound operating
condition with like equipment to that described on Exhibits "B" and
"C". After fifteen (15) years, the Fire Engine will be considered
fully consumed and the cost of any new or replacement fire engine
will be determined by provisions of any fire service agreement or
contract existing at that time between Tustin and the County.
Tustin will have the right of first refusal to purchase the Engine
for one dollar at the end of the fifteen years, if Tustin chooses
not to execute this option, the County shall be allowed to purchase
the Engine at the end of 15 years for one dollar.
5. Rent.
In consideration of the fire protection and medical aid
services to be provided by County to Tustin, as set forth J.n the
Fire Services Agreement, this Lease shall be without payment of
rent.
6. Maintenance and Operating Costs.
The Engine shall be maintained under the same maintenance
program as all other Engines in the County Fire Department's Engine
fleet. County, at its sole cost and expense, shall be responsible
for all repairs, maintenance, equipment replacement, loss and
damage and shall maintain the fully equipped Fire Engine and
related equipment to the highest operating standards consistent
with their Engine maintenance program during the term of this
Lease. County shall provide and pay for all gasoline, oil and
anti-freeze for the Fire Engine. County will keep the engine and
all other machinery and equipment in good order and see that all
needed repairs are routinely made. Ail service and repairs will be
done when needed but at least as often as set forth in the County's
Engine maintenance program. Tustin shall not be responsible for
any damage or repairs to the Fire Engine or any replacement cost of
related equipment.
7. Insurance.
County as self-insured shall be responsible to Tustin for
the full insurable value of the Fire Engine and related equipment.
Tustin shall be shown as Lessor on the insurance policy.
Tustin shall have no financial or other responsibility
for damages to, repairs of, or replacement, of the Fire Engine or
any of its equipment.
8. Partial Invalidity.
If any term, covenant, condition or provision of this
lease is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect and shall in no way be
affected, impaired, or invalidated thereby.
9. Waiver of Rights.
The failure of Tustin or County to insist upon strict
performance of any of the terms, conditions, and covenants in this
Lease shall not be deemed a waiver of any right or remedy that
Tustin or County may have, and shall not be deemed a waiver of any
right or remedy for a subse~lent breach or default of the terms,
conditions, and covenants herein contained.
10. Time.
Time is of the essence of tkis Lease.
!1. Taxes and Assessments.
Tustin shall be responsible for the cost of the initial
sales tax, 'registration and licensing. County will be responsible
at its sole cost and expense for future official fees, if any,
vehicle registration and licensing fees and other assessments.
12. Indemnification.
County shall save, defend, indemnify and hold harmless
Tustin, its officers, agents and employees from and against any and
all claims, demands, losses or liabilities of any kind or nature
whatsoever, for injury to or death of persons, or damage to
property as a result of, or arising out of intentional acts or
negligence of County in the use and/or possession of the Fire
Engine by County. Tustin shall save, defend, indemnify and hold
harmless County, its officers, agents and employees from and
against any and all claims, demands, losses or liabilities of any
kind or nature'whatsoever for injury or death of persons or damage
to property as a result of or arising out of intentional acts or
negligence of Tustin in the use and/or possession of the Fire
Engine by County.
13. Fire District.
In the event a Fire District or any County Fire successor
is created with fire protection responsibilities and jurisdiction
over the East Tustin area of the City of Tustin so that the County
will no longer have jurisdiction to provide the services
contemplaned' by this Lease, all of the rights and privileges of
County prescribed in this Lease shall be transferred by County to
such District and deemed assumed by sUch District upon the District
assuming all of the obligations of County to the satisfaction of
Tustin and upon Tustin giving its written approval of such
assignment and assumption.
14. Notices.
Ail written notices pursuant to this Lease shall be
addressed as set forth below or as either party may hereafter
designate by written notice and shall be personally delivered or
sent through the United States mail.
Tustin:
William Huston, City Manager
City of Tustin
P.O. Box 3539
Tustin, CA 92681-3539
-4-
and
Christine Shingleton, Director of Community Development
City of Tustin
P.O. Box 3539
Tustin, CA 92681-3539
Cbpy to:
James G. Rourke, City Attorney
Rourke, Woodruff & Spradlin
701 S. Parker Street, Ste. 7000
Orange, CA 92668
Coanty:
County of Orange
GSA/Purchasing Division
1300 S. Grand Ave., Building A
Santa Aha, CA 92702
and
County of Orange Fire Department
180 South Water Street
Orange, CA 92666
Attention: Director of Fire Services
15. Attachments.
This Lease includes the following, which are attached
hereto and made a part hereof:
Exhibit "A" - General Conditions
Exhibit "B" - Fire Engine Description
Exhibit "C" - Itemized Equipment
-5-
IN WITNESS WHEREOF, the parties have executed this Lease the
day and year first above written.
Tustin
CITY OF TUSTIN
By:
Its:
APPROVED AS TO FORM:
James G. Rourke, City Attorney
[Signatures Continued on Next Page]
-6-
COUNTY
CO~¢TY OF ORANGE
APPROVED AS TO FORM:
By:
Chairman, Board of
Supervisors
County Counsel
RECOMMENDED FOR APPROVAL:
Orange County Fire Department
General Services Agency
Purchasing
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD
Clerk of the Board of
Supervisors of Orange County,
California
-7-
EXHIBIT "A"
GENERAL CONDITIONS
1. Lease Orqanization. The various headings in this Lease,
the numbers thereof, and the organization of the Lease into
separate sections and paragraphs are for purposes of convenience
only and shall not be considered otherwise.
2. Inspection. Tustin or its authorized representative
shall have the right at all reasonable times to inspect the Fire
Engine and related equipment to determine if the provisions of this
Lease are being complied with.
3. Successors-in-Interest. Unless otherwise provided in
this Lease, the terms, covenants, and conditions contained herein
shall apply to and bind the heirs, successors, executors,
administrators, and assigns of all the parties hereto, all of whom
shall be jointly and severally liable hereunder.
4. Circumstances Which Excuse Performance. If either party
hereto shall be delayed or prevented from the performance of any
act required hereunder by reason of acts of God, restrictive
governmental laws or regulations, or other cause without fault and
beyond the control of the party obligated (financial inability
excepted), performance of such act shall be exCused for the period
of the delay; and the period for the performance of such delay.
However, nothing in this section shall excuse either party from the
prompt payment of any charge required of them except a may be
· expressly provided elsewhere in this Lease.
5. Destruction of or Damaqe.to Fire Enqine. In the event of
a) partial destruction of or damage to the Fire Engine, or b) the
Fire Engine is completely destroyed, County shall immediately make
repairs as are necessary to restore Fire Enqine to the condition
which existed prior to destruction or damag~ and make all repairs
as are necessary to make Fire Engine fully safe for operation.
Fire Engine damage or destruction will in no way render this Lease
null and void. If County refuses to make such repairs or if such
repairs are not completed by County within a reasonable time and
schedule to be agreed upon by the parties in the reasonable
exercise of their discretion, Tustin may, at its option, terminate
this Lease or make such repairs or replace the Fire Engine and
County shall pay Tustin for the cost thereof including labor,
materials, and overhead within thirty (30) days of written notice
from Tustin.
6. Amendment. This Lease sets forth the entire agreement
between Tustin and County and any modification must be in the form
of a written amendment.
EXHIBIT "B"
FIRE ENGINE DESCRIPTION
YEAR:
'MANUFACTURER:
SERIES:
1993
Pierce Manufacturing,
P.O. Box 2017
Appleton, WI 54913
.~RROW 6V-92TA
Inc.
VEHICLE IDENTIFICATION NO.: 4P1CA02D8PA000253
B-1
EXHIBIT "C"
ITEMIZED EQUIPMENT
To be attached.
C-1
4'F X 2.5' F
~,'M X 2.5' F
2.5'. F X 2.5' F
2.5' M X 2.5'/vi
2.5' F X 1.5' M
1.$' M X I.$' M
1.$' F X 1.5' F
1.~' F X 1' NP~H M
TOTAL '"
.NOZZL~ & Tn~$
$O$
Shut Off
Srrai~t Bore Tips (Stacking)'
i
250 GMP Fog (L.A.Mar~uder)
Foam Air Articling
Master S~ram'a Appliance
1000 GMI: SOS
Msa:er Stream Appliance
Tip~, Set of Thr~
1.$" .'!'aunder Fog
1" Ranger
1" Pistol Grip
· 1.5" Pistol Grip
COMPLEMF2CT UN1T CO~T
75.9O
75J0
23.50
13.85
12_50
9.95
14.95
11.6~
· 1'
367.'-,5
269.25
100.25 '.
436. OO
570.00
W/U
4OO.00
88.OO..
52. O0
69.OO
195.00
S EP 2 8
75.90
75.50.
70.50
27.70
2~.00
9.95
14.95
11.65
$3II'.I/5
734.90-
$38.$0
100.35
436.00
570,00
!,600.00
88.O0
52.0O
69.00
780.00
W/U =-WiU~. unit when purchasea
._
Page 1 of 7
· ,--..e t -°...~ t.
1" Quadro-Fog
S ~r~,m Sh~pe:
TOTAL
o.
327.50
7,r/u
TOT/.L C03T
__
327.50
$5,296.25
2.5' ]Plug
Siamese: 2.5" Cla~~
Foam Eductor
Forea~ry ttose Cfm-ap
2.5" X 1.5" Ga~ Wye
Ho~ C~p, S~ew T~
Hyd~t Wr~ch, Adj. (Sm~)
Sp~er, U~ver~
Wye, 2.5"
TOTAL
Soft Sue:ion 4" or 4.5"
$ofl: Sucaon 2.5" or 3"
Double/ack. et, 3" X 50'
Double 3acl~, 2.5" X 50'.
Double ~'acke:, 1.75" X 50'
Double lacke~, 1.5" X 50'
S~e ~ac~:, 1.5"
S~e ~ac~t, 1'
TOTAL
1
i
1
1
2
3
1
2
1
1
20
20
11
19.00
288.OO
SO.riO
160.10
36.86
24.00
7.00
~8.00
I26.OO
W/U
152.00
I12.00
82.00
.79
.67
19.00
288.00
5.0.50
I60.10
I08.00
110.58
24.OO
~2.00
9(5.OO
126.00
$I,02~.18
3,~0.00
2,240.00
913.00
¢74.00
134.00
S6,801.00
m
.m
Page 2 oj: 7
COMPLF_C,LENT
TOTAL
L\VIT COiF
.,
i09.00-
368.85
T O T/.L C03-2'
_ 111
4-36:00
1,475.40
1,7§3.~0
$9,649.20
·
co Iota
]Dry C~mmical, ~0 Ib
TOTAL
113.60
QUIP
Auto Entry Tool
B~r, Forcible Entry (Hooli~n)
Bar,' ~umbo or Crow,
B~r, Nail or Wrooki-ng,
Biaocular$
Body Armor
Brush Hook
Chock Bl. ocl~ .
C~.oset Hook
~.~ Pro~ec~or
Equipm-~nt Line,'
Fire HOse Carrier
Foam Can Wrench
Fuel Can, I. gzL
Furm:t, for Ga~ Can
Oogg!e~
Hall Runners
IIand Lant~.m, 6-Vo].t
Hay Hook, P-Jr
Ho~ Bed T~rp
1
t
i
1
1
i.~
I
1
1
1
i
3
'3
108.00.
18.00 '
4.39
97.00
400.00
23.00
11.00
1~.00
24-.0O
12.50"
25.00
I60.00
6.95
4,3.4,'7
3.00
?6.00
9.00
28.00
w/r.7
· .
· .-
. . .- .
113.60
185.40
$344-.O0
15.50
I08.00
4.39
97.00 .
1600,00
23.00
33.00
28.00
· 50.00
2S.CD
4so.OO
6.95
¢3.4-7
5.00
9.00
SO.CD
228.00
18.00
Page 3 of 7
,.
Hor~.$tf-aps ' '
Iack wi~ K~ndle
' Lug Wreuch
Mop
~e Pole
~ch Fork
~u~
,
Road Con:: i~'
Road ~fl~ Set
S~: ~ Cu=
Shove' S~p .
surex,
S~t ~Sht, 12-Volt
Sp~~ Sto~r
Tow Ch~
Wat~ C~Ier, 3
TOTAL
14' Roof
24' or 35'
Ladd= Su-~p (!
Ladder 0 u~.rci
3
· 1
2
1
2
1
· ~ 1
1
3
2
1
1
2
1
3
1
1
'.
1'
1.
i
3
l
U ~Ni2' COST
_
15.00
1~2.21
24.17
52.00
9.86
51.00
19.60
~.7~
21.00
95.OO
34.60
28.OO
29.00
31.00
18.75-
53.00
8.90
2~..$7
i7.82
W/U
11.10
68.50
TOT/J. COST
4~.00
132.21
24-.17
1C~.O0
9.86
1Cr2,oo
45.00
!9.60
52.O0
17.25
21.00
I90.00
34.60
28.00
58.OO
31.00
5'6,25
53.O0
8.90
24.,57
17.82
33.30
68.50
TOTAL
$I. 01,80
Page
/
TOOL . :
·
.
·
, .
Adju~tabte W'i~¢~ 6~ ' 1 ' .7.~9 7.19
Adjua~l~ W~c~, ~ 1 7.70 7.70
Adj~l, Wr~h, ~0' i 9.7t 9.71
~lt ~~, 24' ' 1 38.12 38.i2
~x W~=~ Set ~ ~) 1 50.30 S0.30
8.63
C1~ ~~ (16 oz.) i 3.S~ 3.~1
Diago:~ P~e~. 1 10.19 10.19
~k Sa~ 1 7. i0 ~.10
~~ No~ P~r~ t 9.75 9.75.
~ W~a=h, 18' 1 22.46 22.46
~ Wreazh, 2~' ~ 36.20 . 36.20
PS~, Sm~ (S~p YoUr) 1 6.31 .6.3 l
Rub~r ~~ ~~ Blo~ 3~ 2 26.06 52. ~2
S~=w~v~: ~ ~ 1 1 5.51 5.51
$~wd~ve~ ~~ 5.71
~ge, 8~ ' 1 5.71
M~am, 6' t 4.05 4.05
Sm~, % 3/8" 1 2.01 3.01
S~ewd~v~: $1o~ 3.75
~ge, 10' I 3.7S
M~ium, 6" 1 3.84 3 ~ ~
S ~, 3 ~ 1 1.9~ 1:94
Ti~ Sn~p~. 1 8.99 8.99
U~ ~ ~ ~.9~ ~.9~
Vise Odps I .., ~ 6.17 6.17
,
TOTAL
5317.71
Iv~D ICAL AID
p,.~u~,~.tor ~. 920.00 920.~
Spare 02 l~es 2 76.~ 152.~
Back ~d & S ~ps I I~.~ 1~.~
Tmum~ ~x 1 67.65 67.65
De~b~tor C~~) 1 3,97~.~ 3,97~.~
' - ~5,21~.65
TOTAL
Page 5. vi'7
Ground l:~u~: in:errupt=
LL~e Cord Plug ~:or ~x) 1
~~ Cord,' 50' 2
~~ Cord, 1~' 1
T~: S=~ ' 1
A~p~ (Set of 2)
Smo~ Bi,mr'
Wa:er Vac. ~ck Pack)
TOTAL
UA'TT COST
925.00
57O.00
~80.00
47.8~
61.70
29.5O
176.00
3~.00
805.00
950.00
TOT/£ COST
, 925.00
57O.00
480.00
95.7O
61.70
29.50
352.0O
34.00
g05.00
950.00
$4,302.90
Normal Complement
200', Life Li.ue (#t R~d) 1 124.00
Rolm Bag for 200' Rolm I 17.C<3..
Figure of F/ght 2 36.C<) '
Cazabiners .. 8 17.75
2.55
.. Nylon W~bing, 15' O~tuo) 1 ..
Nyloa We.,bb~g, 2'0' (O.t'-~se) 1 3.39
·
124.00
17.00
'72.00
142.00
2.55
3.39
$36O34
~obiie R=iio,
Porm.bl¢ Radio, STX w/Chuger t
Mobile Dam Term~
3,a00.00
TOTAL
2,850.OO
3,a00.00
4,50O.00
$10,750.00
Page
.'p~..--'.~f..,~-'v'f' ~v'f'F CO$'F T07'~.., COST
TOTAL
$3,000~00 '
TOTA.L
GR. A2,~R TOTAL,
3,~91.3S
?~,~ 7 of 7
.
6'd SDiS ]UIDW~WIJ/19W ~DO WU6~:II r6, PI
(2) This Ordinance shall not operate to shorten'an}
current term of members of the City Council presently in
office.
7
8
9
10
11
19
13
14
15
16
17
18
19
20
(c) APDlicab%lit¥ of Other baw~.
In the absence of state legislation to allow general
law cities to establish term limits, section 1307(b) will not
be binding on the City until general law cities are authorized
by state legislation to enforce term limits. The voters,
however, can reject candidates who seek public office for more
than two (2) consecutive terms now.
(d) _Severability.
If any section, subsection, subdivision, sentence,
clause, phrase, or portion to this Ordinance, is for any
reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this
Ordinance. The people of the City of Tustin hereby declare
that they would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or
unconstitutional.
SECTION 2. EFFECTIVE DATE.
Pursuant to Elections Code 4017, the Ordinance shall
become effective upon the City Council,s and the City Clerk's
certification that this measure, has passed by a majority vote
of the people.
ADOPTED by a vote of the people of the City of Tustin on
the day of , and certified by the
Tustin City Council on the day of
1994. ,
21
22
23
24
THOMAS R. SALTARELLI, Mayor
25 ATTEST:
26
27
28
MARY E. WYNN, City Clerk
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26~
27
28
ORDINANCE NO. __~
AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA,
LIMITING CONSECUTIVE TERMS OF MEMBERS OF THE CITY COUNCIL.
Pursuant to California Elections Code 4017, the people of
the City of Tustin hereby ordain as follows:
SECTION 1. ESTABLISHMENT OF LIMITATIONS ON CONSECUTIVE
TERMS OF MEMBERS OF THE CITY COUNCIL.
Section 1307 of Chapter 3 of Article i of the
Tustin City Code is hereby added to read as follows:
"1307 Limitation on Consecutive Terms of Members of the
(a) FindinGs and PurPose.
The people hereby find and declare:
(1) The Founders established a system .of
representative government based upon free, fair, and
competitive elections. The increased concentration of
political power in the hands of incumbent representatives has
made our electorial system less-free, less competitive, and
less representative.
(2) The abilit~ of legislators to serve an
unlimited number of terms contributes heavlly to the'extremely
high number of incumbents who are reelected. This unfair
incumbent advantage discourages qualified candidates from
seeking public office and creates a class of career
politicians, instead of the citizen representatives envisioned
by the Founders. These career politicians become
representatives of the bureaucracy, rather than of the people
whom they are elected to represent.
(3) The purpose of this Ordinance is to
restore a free and democratic system'of fair elections, and to
encourage qualified candidates to seek public office, by
limiting the powers of incumbency, by placing'limitations upon
the number of consecutive terms which may be served by members
of the.City Council.
(b) Limitations on Consecutive Terms for Council
(1) No person shall be elected as a member of the
City Council for more than two (2) full consecutive terms.
· Any member of the City Council who has served two (2)
consecutive terms shall not be reelected as a member of the
City Council for at least two (2) years from the last date of
the second consecutive term.
OPTION B
PROPOSED BY
TUSYIN CONNUNITY,,PARTICIPAHTS
5-16-94 DRAFT FOR'PUBLIC COHNENT
ORDINANCE NO.
AR ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA,
LIMITING CONSECUTIVE TERNS OF MEMBERS OF THE CITY COUNCIL.
Pursuant to California Elections Code 4017, the people of the
City of Tustin hereby ordain as follovs~
SECTION 1. ESTABLISHMENT OF LIMITATIONS ON CONSECUTIVE TERMS OF
MEMBERS OF THE CITY COUNCIL.
Section 1307 of Chapter 3 of Article I of the Tustin
Hunicipal Code is hereby added to read as follows~
'1307 Limitation on Consecutive Terms of Melb~rs of the council.
(a) Findings and Purpose.
The People hereby find and declare~
(1) The Founders established a system of
representative governlent based upon free, fair, and colpetitive
elections. The increased concentration of political power in the
hands of inculbent representatives has lade our electorial systel
less free, less colpetitive, and less representative.
..
· (2) The'ability of legislators to serve an'unlilited
number of terms contributes heavily to the extrelely high number of
incumbents who are reelected. This unfair inculbent advantage
discourages qualSfied candidates frol seeking public office and
creates a class of career politicians, instead of the citizen
representatives envisioned by the Founders. These career
politicians becole representatives of the bureaucracy, rather than
of the people whol they are elected to represent.
(3) The purpose of this Ordinance is to restore a free
and democratic systel of fair elections, and to encourage qualified
candidates to seek public office, by liliting the powers of
incumbency, by placing lilitations upon the nulber of consecutive
terms which lay be served by lelbers of the City Council.
(b) Limitations on Consecu~lve ~erls for Council Nembe~.
(1) No person shall be elected as a member of the City
Council for more than two (2) full consecutive terls and no person
who has been a member for lore than two (2) years of a terl to
which he or she was appointed or first elected shall be elected to
the City Council more than one (1) further consecutive terl. Any
lember of the City Council who has served two (2) consecutive terls
shall not be reelected as a member of the City Council for at least
~ .t~_. years from the last date of the second consecutive tars.
(2) This Ordinance shall not operate to shorten any
current terl of members of the City Council presently in office.
Option 8
Ordinance No.
Page 2
(c) Applicability of Other Laws.
In the absence of state legislation to allow general law
cities to establish term limits, section 1307(b) will ,not be
binding on the City until general law cities are authorized by
state legislation to enforce term limits. The voters, however, can
reject candidates who seek public office for more than two(2)
consecutive terms now,
(d) Severability.
If any section, subsection, subdivision, sentence,
clause, phrase, or portion to this Ordinance, is for any reason
held to be invalid or unconstitutional by the decision of any court
of competent Jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have adopted this Ordinance,
and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one
or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or
unconstitutional .'
SECTION 2. EFFECTIVE DATE.
· .
Pursuant to EleCtions Code 4e17. the Ordinance shall
become effective upon the City Council's and City Clerk's
certification that this measure has passed by a majority vote of
the people.
ADOPTED by a vote of the People of the City of Tustin on the
day of NovembeF t~4, and certified by the Tustin City Council
on the ____day of 1994.
THOMAS J. SALTARELLI, Mayor
ATTEST8
MARY E. WYNN, City Clerk