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Home My WebLink About00 CC AGENDA 03-06-07 CITY OF TUSTIN MARCH 6, 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 item was received for the March 6, 2007 meeting of the City Council. (Agenda Item A) 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 LEGAL COUNSEL—PENDING LITIGATION pursuant to Government Code Section 54956.9 - AAE PUBLIC MEETING 7:00 p.m. CALL TO ORDER INVOCATION – Khoi Phan, St. Cecilia’s Church COLORS PRESENTATION AND PLEDGE OF ALLEGIANCE – Boys Scout Troop 235 ROLL CALL – City Clerk City Council Meeting March 6, 2007 Agenda Page 1 of 7 CLOSED SESSION REPORT – City Attorney PRESENTATION Certificate of Recognition presented by Mayor Bone to David Allen Ferreira, Jr.; ? James Allen Pace; and Nicholas David Surdyka in recognition of their attainment of the Eagle Scout designation FIRST PUBLIC INPUT/COMMENTS - At this time, any member of the public may address the City Council on matters which are listed on this 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 1 through 13) 1. APPROVAL OF MINUTES –REGULAR MEETING OF FEBRUARY 20, 2007 Recommendation: Approve the Regular City Council Meeting Minutes of February 20, 2007. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $1,314,775.77 and $604,829.04; Reversals in the amount of $1,891.47; and Payroll in the amount of $609,912.47. 3. PLANNING ACTION AGENDA - FEBRUARY 26, 2007 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of February 26, 2007. 4. APPLICATION FOR WORKFORCE HOUSING REWARD PROGRAM FUNDS FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Recommendations: City Council Meeting March 6, 2007 Agenda Page 2 of 7 4.a. Adopt resolution; and RESOLUTION NO. 07-21 – A resolution of the Tustin City Council authorizing the City Manager to apply for Workforce Housing Reward Program Funds from the California Department of Housing and Community Development for construction of very low and low-income housing units 4.b. If the application for funding is approved, the City may use the funds for eligible activities under the grant program and it is recommended that said funds be programmed for the Tustin Library Project. 5. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Each year the City Council is requested to authorize the use of the City's Assembly Bill (AB) 2766 funds to offset costs for state mandated vehicle emission programs implemented by the City of Tustin. This year the City Council is being requested to allocate the Fiscal Year (FY) 2006/2007 AB 2766 funds to the Tustin Ranch Road/Park Avenue Traffic Signalization Project. Recommendations: 5.a. Authorize the use of City AB 2766 funds for the Tustin Ranch Road/Park Avenue Traffic Signalization Project; and 5.b. Authorize the City Manager to approve additional AB 2766 expenditures, consistent with Air Quality Management District guidance, throughout the 2006/2007 program year as needed. 6. SALARY RESOLUTION FOR PART-TIME EMPLOYEES Recommendation: Adopt resolution. RESOLUTION NO. 07-25 - A resolution of the City Council of the City of Tustin relating to salary for unrepresented part-time employee classifications 7. SALARY AND BENEFITS RESOLUTION FOR CONFIDENTIAL EMPLOYEES Recommendation: Adopt resolution. RESOLUTION NO. 07-24 - A resolution of the City Council of the City of Tustin relating to compensation and benefits for confidential unrepresented employees, and superseding Resolution No. 06-05 City Council Meeting March 6, 2007 Agenda Page 3 of 7 8. SALARY AND BENEFITS RESOLUTION FOR SUPERVISORY EMPLOYEES Recommendation: Adopt resolution. RESOLUTION NO. 07-23 - A resolution of the City Council of the City of Tustin relating to compensation and benefits for unrepresented supervisory employees and superseding Resolution No. 06-20 9. SALARY AND BENEFITS RESOLUTION FOR EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES Recommendation: Adopt resolution. RESOLUTION NO. 07-22 - A resolution of the City Council of the City of Tustin relating to compensation and benefits for unrepresented executive management and management employees, and superseding Resolution No. 06-19 10. AWARD OF CONTRACT FOR CONSTRUCTION OF THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY 2006-2007 (CIP NO. 7001) AND THE ANNUAL SIDEWALK REPAIR PROJECT, FY 2006-2007 (PROJECT NO. 402-6235) Bids for the combined Annual Major Pavement Maintenance Project, FY 2006-2007 (CIP No. 7001) and the Annual Sidewalk Repair Project, FY 2006- 2007 (Project No. 402-6235) have been received and a construction contract is ready to be awarded. Recommendation: Award the construction contract for the Annual Major Pavement Maintenance Project, FY 2006-2007 (CIP No. 7001) and the Annual Sidewalk Repair Project, FY 2006-2007 (Project No. 402-6235) to All American Asphalt, the lowest responsible and responsive bidder in the amount of $593,062.28, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 11. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE BUILDINGS DEMOLITION FOR FUTURE NEW TUSTIN LIBRARY (CIP NO. 1045) Recommendations: 11.a. Adopt resolution; City Council Meeting March 6, 2007 Agenda Page 4 of 7 RESOLUTION NO. 07-20 - 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 buildings demolition for future new Tustin Library (CIP No. 1045) 11.b. 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; and 11.c. 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 100/0 retention in the amount of $19,859.02 to Vizion's West, Inc. The total final construction contract cost for the project is $198,590.20. 12. AWARD OF CONTRACT FOR CONSTRUCTION OF THE TUSTIN LEGACY PORTAL ENTRY AT RED HILL AVENUE AND VALENCIA AVENUE (CIP NO. 1046) Recommendation: Award the construction contract for the Tustin Legacy Portal Entry at Red Hill Avenue and Valencia Avenue (CIP No. 1046) to Jeff Tracy, Inc. dba Land Forms Landscape Construction, Inc., the lowest responsible and responsive bidder in the amount of $466,946.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 13. AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH JACOBS CIVIL, INC. FOR ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES FOR THE NEWPORT AVENUE EXTENSION/SR-55 RAMP RECONFIGURATION PROJECT (CIP NO. 7130), AND THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT Recommendation: Approve Amendment No. 2 to the Consultant Services Agreement with Jacobs Civil, Inc. (Jacobs) to provide additional Construction Management Services for the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and the Edinger Avenue (Smart Street) Widening Project (CIP No. 7147 in the City of Tustin and CIP No. 2585 in the City of Santa Ana) and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. City Council Meeting March 6, 2007 Agenda Page 5 of 7 REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 14 through 18) 14. DESIGN REVIEW 06-013 - PASADENA AVENUE WELL SITE Design Review 06-013 is a City of Tustin Water Services Division project that involves the construction of a 1,450 square foot structure to enclose a water well, with a paved service yard and surrounded by landscaped grounds. Recommendation: Adopt resolution. RESOLUTION NO. 07-18 - A resolution of the City Council of the City of Tustin approving Design Review 06-013 for the Pasadena Avenue Well Site Project 15. RESOLUTION OF SUPPORT FOR GROUNDWATER REPLENISHMENT SYSTEM BY ORANGE COUNTY WATER AND ORANGE COUNTY SANITATION DISTRICTS This item has been placed on the agenda at the request of Councilmember Doug Davert who wishes to receive support for the Groundwater Replenishment System and efforts by the Orange County Water District and Orange County Sanitation District to identify and develop alternative sources for safe, reliable water supplies for Orange County's future. Recommendation: Pleasure of the City Council. 16. ORDINANCE FIRST READING - REGULATION OF PERMANENT COSMETIC FACILITIES The City of Tustin requires a permit issued by the Community Development Director for permanent cosmetics businesses; however, the City Code does not currently enable the regulation or inspection of these permanent cosmetics facilities and therefore the Orange County Health Department is unable to perform inspections. Adoption of proposed Ordinance No. 1324 will allow the Orange County Health Department to inspect and monitor permanent cosmetics facilities within the City. Recommendation: Introduce and have first reading of Ordinance No. 1324 and set for second reading at the Council's next scheduled meeting. City Council Meeting March 6, 2007 Agenda Page 6 of 7 ORDINANCE NO. 1324 - An ordinance of the City Council of the City of Tustin, adding Part 4 to Chapter 1 of Article 4 of the Tustin City Code to regulate the inspection of permanent cosmetics facilities by the Orange County Health Department; amending Part 4 of Chapter 1 of Article 3 to remove the definition of body piercing and tattooing; and amending Part 5 of Chapter 6 of Article 3 to remove all references to body piercing and tattooing 17. ORDINANCE SECOND READING - REALIGNMENT OF CITY COMMISSIONS AND COMMITTEES Recommendation: Have second reading by title only and adoption of Ordinance No. 1331 (roll call vote) ORDINANCE NO. 1331 - An ordinance of the City of Tustin, California, amending Sections 1513, 1539, and 1553 and repealing Section 1561 of the Tustin City Code relating to terms of office of city boards and commissions 18. CITY COUNCIL – LEGISLATIVE REPORTS Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT/COMMENTS - At this time, any member of the public may address the City Council on Non-agenda items, within the jurisdiction of the City Council. OTHER BUSINESS AND COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting of the City Council is scheduled for Tuesday, March 20, 2007, at 5:30 p.m. for Closed Session and 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting March 6, 2007 Agenda Page 7 of 7