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HomeMy WebLinkAbout00 CC AGENDA 02-05-07CITY OF TUSTIN FEBRUARY 5, 2007 REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN Jerry Amante, Mayor Pro Tem William A. Huston, City Manager Doug Davert, Councilmember Douglas Holland, City Attorney Tony Kawashima, Councilmember Lou Bone, Mayor Pamela Stoker, City Clerk Jim Palmer, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 p.m. The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The following items were received for the February 5, 2007 meeting of the City Council. (Agenda Items A and B) CALL TO ORDER PUBLIC INPUT – Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 a.1. Agency Negotiator: Kristi Recchia, Director of Human Resources Employee Organization: Part-Time Unrepresented Employees Employee Organization: Unclassified Confidential Employees a.2. Agency Negotiator: William A. Huston, City Manager Employee Organization: Supervisory Employee Organization: Management Employee Organization: Executive Management B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) – Strayer vs. City of Tustin, Claim No. 05-30 City Council Meeting February 5, 2007 Agenda Page 1 of 10 PUBLIC MEETING 7:00 p.m. CALL TO ORDER INVOCATION – Mayor Bone PLEDGE OF ALLEGIANCE – Councilmember Jim Palmer ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney PRESENTATIONS ? Certificate of Recognition presented by Mayor Bone to Pam Gooderham on being named the 2006 Woman of the Year by the California 70th Assembly District ? Presentation by Erin Runnion on The Joyful Child Foundation ? 2006 Community Development Department Activity Report PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Redevelopment Agency related to land use or fees. (Agenda Item 1) 1. DESIGNATION OF CITY-OWNED TUSTIN WATER YARD PARKING LOT AT 235 EAST MAIN STREET AS A PUBLIC PARKING AREA The City of Tustin owns the Tustin Water Yard property located at 235 East Main Street, which includes a parking area consisting of 67 parking spaces. Pursuant to Ordinance No. 1323, which was adopted by the Tustin City Council on January 15, 2007, the Council may by resolution designate available City-owned property as a public-parking area to increase the availability of parking in certain areas of the City. The use of designated public parking areas for public parking shall be non- exclusive, and the City Council shall retain the right to concurrently use the property for whatever additional purposes the City Council or its designee reasonably determines are necessary or convenient and consistent with such City Council Meeting February 5, 2007 Agenda Page 2 of 10 parking use. Recommendations: 1.a. Open and close a Public Hearing; and 1.b. Adopt resolution. RESOLUTION NO. 07-16 - A resolution of the City Council of the City of Tustin, California, designating the City-owned Tustin Water Yard Parking Lot located at 235 East Main Street as a Public Parking Area FIRST PUBLIC INPUT - Members of the public may address the City Council only on items on the Agenda (Consent Calendar or Regular Business Items). 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 14) 2. APPROVAL OF MINUTES – SPECIAL AND REGULAR MEETINGS OF JANUARY 15, 2007 Recommendation: Approve the Special and Regular City Council Meeting Minutes of January 15, 2007. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $1,344,885.50; $1,593,157.41; and $4,193,367.96; and Payroll in the amount of $907,324.73. 4. APPROVAL OF CONTRACT FOR WATER METER READING AND CUSTOMER SERVICE ACTIVITIES The City of Tustin has been contracting for Customer Service and Meter Reading activities for approximately nine years. We have received two proposals to provide these services for the period beginning January 2007 through December 2012. Staff is recommending that the City Council authorize the execution of an agreement with Alexander's, Inc. City Council Meeting February 5, 2007 Agenda Page 3 of 10 Recommendation: Authorize the Finance Director to sign the agreement with Alexander's, Inc. when all necessary insurance and other required documentation has been received. 5. FINAL PARCEL MAP 2006-103: 1412 AND 1432 EDINGER AVENUE On May 15, 2006, the City Council approved Tentative Parcel Map 2006-103 (Applicant/Owner: HW Pacific Office Plaza, LLC). All conditions associated with the tentative map approval have been fulfilled and the final map may be approved and recorded. Recommendation: Adopt resolution. RESOLUTION NO. 07-10 - A resolution of the City Council of the City of Tustin approving Final Parcel Map 2006-103 for condominium purposes to accommodate a 66,579 square foot office development at 1412 and 1432 Edinger Avenue, also known as Lot 2 of Lot Line Adjustment 05-002 6. DESTRUCTION OF RECORDS - CITY CLERK'S OFFICE Resolution No. 01-91, the Record Retention/Disposition Schedule, permits destruction of records and documents which meet certain criteria with the approval of the City Attorney and the City Council. Recommendation: Adopt resolution. RESOLUTION NO. 07-19 - A resolution of the City Council of the City of Tustin, California, authorizing the destruction of certain City records and papers in the possession of the City Clerk’s Office that are no longer required for conduct of City business pursuant to Government Code Section 34090 and the City of Tustin's Records Retention Schedule 7. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR ANNUAL STRIPING AND PAVEMENT MARKINGS PROGRAM FOR FISCAL YEARS 2007/2008 THROUGH 2011/2012 (PROJECT NO. 402-6230) The current contract for the Annual Striping and Pavement Markings Program will soon expire. The specifications for the program have been prepared and the project is now ready to bid. This project will provide for maintenance of existing citywide striping and pavement markings, and installation of new signing, striping and pavement markings at various locations. City Council Meeting February 5, 2007 Agenda Page 4 of 10 Recommendation: Adopt resolution. RESOLUTION NO. 07-15 - A resolution of the City Council of the City of Tustin, California for approval of specifications and authorization to advertise for bids for Annual Striping and Pavement Markings Program for Fiscal Years 2007/2008 through 2011/2012 (Project No. 402-6230) 8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE MAIN STREET WELL NO. 4 REHABILITATION PROJECT (CIP NO. 6157) Construction of the Main Street Well No. 4 Rehabilitation Project (CIP No. 6157) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendations: 8.a. Adopt resolution; RESOLUTION NO. 07-13 - 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 the construction of the Main Street Well No. 4 Rehabilitation Project (CIP No. 6157) and direct the City Clerk to: 1. Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion; and 2. Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion. 8.b. Assuming no claims or stop payment notices are filed, it is further recommended that thirty-five (35) days after the date of recordation of the Notice of Completion, the City Council authorize payment of the final retention in the amount of $12,255.00 to General Pump Company, Inc. 9. APPROVAL OF A CONSULTANT SERVICES AGREEMENT FOR A STUDY UNDER THE CITY-INITIATED TRANSIT EXTENSIONS TO METROLINK (THE "GO LOCAL STEP 1" PROGRAM) The approval of a Consultant Services Agreement with Fehr & Peers will provide engineering services to study transit needs and develop visions for enhancing access to the Tustin Metrolink Station, under the Orange County City Council Meeting February 5, 2007 Agenda Page 5 of 10 Transportation Authority (OCTA) "GO LOCAL Step 1" program. Recommendation: Approve the Consultant Services Agreement with Fehr & Peers to study transit needs at the Tustin Metrolink Station in the not to exceed amount of $94,490, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 10. REMOVAL OF MARKED CROSSWALK ON SEVENTEENTH STREET AT TREEHAVEN DRIVE Seventeenth Street was resurfaced between Carroll Way and Prospect Avenue under the FY 2005/2006 Annual Major Pavement Maintenance Program (CIP No. 7001) and the existing unprotected marked crosswalk on Seventeenth Street within the project limits at Treehaven Drive was paved over. It is recommended that the crosswalk not be repainted due to the low volume of pedestrians, the high volume and speed of the traffic, and the six lane configuration of Seventeenth Street. California Vehicle Code (CVC) Section 21950.5 requires that the public be notified and be allowed to provide input regarding the permanent removal of a marked crosswalk. Recommendation: Adopt resolution. RESOLUTION NO. 07-12 - A resolution of the City Council of the City of Tustin, California, approving the removal of the marked crosswalk on Seventeenth Street at Treehaven Drive 11. SURPLUS EQUIPMENT SALES REPORT Notice of the sale of surplus equipment at public auction in accordance with Section 1626 of the Tustin Municipal Code. Recommendation: Receive and file. 12. ADOPTION OF RESOLUTION NO. 07-17 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2007-2008 Resolution No. 07-17 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2007-2008. The purpose of the Engineer's Report is to set forth findings and the engineering analysis to levy assessments in the Tustin Landscape and Lighting District for the 2007-2008 Fiscal Year. Recommendation: Adopt resolution. City Council Meeting February 5, 2007 Agenda Page 6 of 10 RESOLUTION NO. 07-17 - A resolution of the City Council of the City of Tustin, California ordering the preparation of an Engineer's Report for the Tustin Landscape and Lighting District Levy of annual assessments for Fiscal Year 2007-2008 13. ADOPTION OF THE ORANGE COUNTY REGIONAL WATER AND WASTEWATER MULTI-HAZARD MITIGATION PLAN Federal law requires the City to prepare a hazard mitigation plan in order to remain eligible for Federal pre and post disaster mitigation funds. The Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan will fulfill the City's requirement with regard to water facilities. Staff is requesting the City Council certify the plan and authorize staff to send a letter formally notifying the Municipal Water District of Orange of the City's action. Recommendation: Approve the Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan subject to the incorporation of comments, if any, by the State Office of Emergency Services and the Federal Emergency Management Agency upon completion of their review, and direct staff to send a letter to the Municipal Water District of Orange County certifying the adoption of the Plan. 14. APPOINTMENTS TO SENIOR ADVISORY BOARD AND SOLID WASTE EVALUATION SUBCOMMITTEE Recommendations: 14.a. Confirm appointment of Jim Palmer as the City Council Liaison representative to the Senior Advisory Board; 14.b. Designate Doug Davert and Lou Bone as the City Council’s Solid Waste subcommittee to oversee and facilitate the proposal evaluation process and develop a recommendation to the full City Council; and 14.c. Confirm appointment of Karol Reedy, a representative of the Tustin Chamber of Commerce, to serve on the Solid Waste Staff Evaluation Team to ensure that business interests are represented on the evaluation team. City Council Meeting February 5, 2007 Agenda Page 7 of 10 REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 15 through 24) 15. TRAFFIC ANALYSIS AT PROSPECT AVENUE/BENETA WAY The intersection of Prospect Avenue/Beneta Way was recently evaluated to determine if any additional pedestrian improvement measures are needed based on current conditions. It was found that installation of an in-pavement lighted crosswalk system is warranted. An application has been submitted to the California Department of Transportation (Caltrans) for a "Safe Route to School" (SRTS) Grant to fund the project. Recommendation: Pending approval of a Caltrans "Safe Route to School" Grant, it is recommended that the City Council add the Prospect Avenue/Beneta Way Pedestrian Enhancement Project to the City's FY 2007-08 Capital Improvement Program. 16. FEE WAIVER REQUEST FOR THE TUSTIN AREA COUNCIL FOR FINE ARTS (TACFA) - BROADWAY IN THE PARK The Tustin Area Council for Fine Arts has requested a waiver of staff costs, facility rental and permit fees for the 2007 Broadway in the Park program scheduled August 21-26, 2007. Recommendation: Pleasure of the City Council. 17. ORDINANCE FIRST READING – COUNCIL BADGES Recommendation: Introduce, and have the first reading of Ordinance No. 1329 and set for second reading at the Council's next scheduled meeting. ORDINANCE NO. 1329 - An ordinance of the City of Tustin, California, adding Part 4 to Chapter 2 of the Tustin City Code relating to City Council Badges 18. INTRODUCTION OF ORDINANCE ESTABLISHING A COMMUNITY DEVELOPMENT COMMISSION AS THE GOVERNING BODY OF THE TUSTIN REDEVELOPMENT AGENCY Recommendation: Introduce, and have the first reading of Ordinance No. 1330 and set for second reading at the Council's next scheduled meeting. City Council Meeting February 5, 2007 Agenda Page 8 of 10 ORDINANCE NO. 1330 - An ordinance of the City of Tustin, California, amending Sections 9500, 9501, 9502, 9503, and 9505 of the Tustin City Code relating to declaring the need for the establishment of a Community Development Commission to act as the governing body of the Tustin Redevelopment Agency 19. ORDINANCE SECOND READING: SOLICITATION ORDINANCE Recommendation: Have second reading by title only and adoption of Ordinance No. 1328 (roll call vote). ORDINANCE NO. 1328 - An ordinance of the City of Tustin, California, adding Chapter 11 to the Tustin City Code, regulating aggressive solicitation and prohibiting all solicitation in certain areas 20. ORDINANCE SECOND READING: DEVELOPMENT AGREEMENT 06-001: 191 AND 193-195 EAST MAIN STREET, TUSTIN (PROSPECT VILLAGE LP) Have second reading by title only and adoption of Ordinance Recommendation: No. 1327 (roll call vote). ORDINANCE NO. 1327 - An ordinance of the City Council of the City of Tustin, California, approving Development Agreement 06-01, as defined by Section 65865.2 of the California Government Code, between the City of Tustin and Prospect Village LP pertaining to development of the property located at 191 and 193-195 East Main Street, Tustin, California 21. ORDINANCE SECOND READING: AMENDING CITY CODE SECTIONS 4300 THROUGH 4362 RELATED TO SOLID WASTE MANAGEMENT Have second reading by title only and adoption of Ordinance Recommendation: No. 1325 (roll call vote). ORDINANCE NO. 1325 - An ordinance of the City Council of the City of Tustin, California Amending Chapter 3 of Article 4 of the Tustin City Code pertaining to Solid Waste Regulations 22. AUTHORIZATION FOR REMOVAL AND DONATION OF THREE (3) EXISTING PARKING LOT LIGHT STANDARDS AND DEMOLITION OF BUILDING 172 AT TUSTIN LEGACY Recommendations: 22.a. Authorize the City Manager or Assistant City Manager to execute a Bill of Sale and License Agreement by and between the City of Tustin and Orange County Rescue Mission for the removal and donation of three (3) existing parking lot light standards owned by the City of Tustin, subject to review and approval of said Bill of Sale and License by the City Attorney; and, City Council Meeting February 5, 2007 Agenda Page 9 of 10 22.b. Authorize the City Manager or Assistant City Manager to execute a License Agreement by and between the City of Tustin and Tustin Legacy Community Partners, LLC for demolition of Building 172, at no cost to the City and provided that any cost of demolition would also not be a recoverable cost under the DDA by the Developer as part of the DDA Business Plan, subject to review and approval of said License by the City Attorney. 23. TUSTIN LEGACY FENCING Recommendation: It is recommended that the City Council authorize the City Manager or Assistant City Manager to enter into a purchase and installation fencing contract with National Construction Rentals in an amount not to exceed $97,100 subject to final contract review and approval by the City Attorney. City Staff are also directed to at least request Navy reimbursement of the portion of said fencing to be installed on the regional park site. 24. CITY COUNCIL – LEGISLATIVE REPORTS The following legislative items to be considered by City Council: ? ACA 2: California Constitutional Amendment - Eminent Domain (Walters) and other Redevelopment and Eminent Domain related bills. ? Area Code 714 Split: Public Utilities Commission is continuing to hold a series of public meetings to discuss which alternative(s) will be adopted. Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT – Members of the public may address the City Council or Redevelopment Agency on any issues under the jurisdiction of the City. OTHER BUSINESS AND COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting of the City Council is scheduled for Tuesday, February 20, 2007, at 5:30 p.m. for Closed Session and 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California Adjourn in Memory of Katrina Kish City Council Meeting February 5, 2007 Agenda Page 10 of 10