HomeMy WebLinkAbout00 CC AGENDA 09-04-07
CITY OF TUSTIN SEPTEMBER 4, 2007
COUNCIL CHAMBER
REGULAR MEETING OF THE
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 September 4, 2007
meeting of the City Council. (Agenda Items A thru C)
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 - ANTICIPATED LITIGATION pursuant
to Government Code Section 54956.9 (b) – 2 Cases
B. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF
LITIGATION pursuant to Government Code Section 54956.9 (c) – 2 Cases
C. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION pursuant to
Government Code Section 54956.9 – Hill vs. City of Tustin
PUBLIC MEETING
7:00 p.m.
CALL TO ORDER
City Council Meeting September 4, 2007
Agenda Page 1 of 11
INVOCATION
– Rev. Christopher Pham, Parochial Vicar, St. Cecilia Church
PLEDGE OF ALLEGIANCE
– Mayor Bone
ROLL CALL
–City Clerk
CLOSED SESSION REPORT
– City Attorney
PRESENTATIONS
Presentation by Jeff Thompson on OCTA’s Citizen’s Advisory Committee
Certificate of Recognition presented by Mayor Bone to Gary Lee Bastien III in
attainment of the Eagle Scout designation
FIRST 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.
PUBLIC HEARING ITEMS
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 Items 1 thru 3)
1. PUBLIC HEARING – ZONE CHANGE 06-002, TENTATIVE TRACT MAP
17096 (1972 MITCHELL AVENUE AND 14251-14351 BROWNING AVENUE)
The project is the proposed redevelopment of a 60-unit apartment complex on a
4.1- acre (net area) site with 77 condominium units referred to as "Hampton
Village." The project site is located within the Suburban Residential (R-4) zoning
district at 1972 Mitchell Avenue and 14251-14351 Browning Avenue at the
southwest corner of Mitchell Avenue and Browning Avenue (APN 432-342-30).
On August 28, 2007, the Planning Commission conducted a public hearing. The
Planning Commission continued the public hearing to the September 11, 2007,
meeting of the Planning Commission to allow the applicant and staff respond to
the noted concerns.
: Continue Zone Change 06-001 and Tentative Tract Map
Recommendation
17096 for the proposed Hampton Village project to the September 18, 2007, City
Council meeting.
City Council Meeting September 4, 2007
Agenda Page 2 of 11
2. PUBLIC HEARING - SUPPLEMENTAL LAW ENFORCEMENT SERVICES
FUND (SLESF)
The Tustin Police Department is proposing that this year's allocation be used
to staff the Crime Analyst position for a second consecutive year, purchase
additional analysis software programs to enhance analysis ability; purchase a
remote surveillance system for the Special Investigations Unit, and devote
any funds remaining toward the purchase of Taser equipment.
Recommendations:
2.a. Open and close a Public Hearing; and
2.b. Authorize usage of the funds as recommended by the Police
Department.
3. CONTINUED PUBLIC HEARING - AMEND THE COMPREHENSIVE
SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES
This item was continued from the August 7, 2007 Council Meeting. Annually,
City departments review the Comprehensive Schedule of Fees and Charges
as they apply to their respective departments. The Building Division and
Public Works Department have identified some fees that need to be modified
or deleted. Also per Evidence Code §1563, the City wishes to standardize
the fees as they apply to third party civil subpoenas. State law allows the
collection of $150 per day, per person for witness fees and actual cost
reimbursed for production of materials. Proposed modifications to the Fee
Schedule are outlined in agenda report and included in Resolution No. 07-60.
Said resolution deletes, and modifies only a small number of fees, with the
bulk of the fees remaining the same. Said resolution deletes, adds and
modifies only a small number of fees, with the bulk of the fees remaining the
same.
Recommendations:
3.a. Open and close Public Hearing; and
3.b. Adopt resolution.
RESOLUTION NO. 07-60 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN AMENDING THE CITY-WIDE
COMPREHENSIVE SCHEDULE OF FEES AND REPEALING
RESOLUTION NO. 06-85
City Council Meeting September 4, 2007
Agenda Page 3 of 11
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 4 through 18)
4. APPROVAL OF MINUTES – REGULAR MEETING OF AUGUST 7, 2007
Recommendation: Approve the Minutes of the Regular City Council Meeting
held August 7, 2007.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $1,564,731.79;
$281,275.01; $1,574,849.07; and $967,713.99; and Payroll in the amount of
$664,108.54 and $664,387.79.
6. PLANNING ACTION AGENDAS - AUGUST 14 AND 28, 2007
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Recommendation: Ratify the Planning Commission Action Agendas of
August 14 and 28, 2007.
7. CONSIDERATION OF CLAIM OF SANDRA BON, CLAIM NUMBER 07-21
The Claimant has reported that roots from a City tree on the parkway in front
of her home infested a drain line and sewage backed up into the house. She
is requesting reimbursement for a plumber's invoice in the amount of
$9,998.00.
Recommendation: Deny Claim Number 07-21, Sandra Bon, and direct Staff
to send notice thereof to the Claimant.
8. INSTALLATION OF ON-STREET PARKING ALONG PARKCENTER LANE
AT CAMINO REAL PARK
Requests have been received to allow parking on Parkcenter Lane adjacent
to Camino Real Park. An evaluation has been performed for the installation of
on-street parking along the easterly side of Parkcenter Lane between Black
Hawk and Pima. Parking is proposed which would require modification of the
City Council Meeting September 4, 2007
Agenda Page 4 of 11
signing and striping on Parkcenter Lane to allow approximately 19 on-street
parking spaces along the frontage of Camino Real Park.
Recommendation: Modify existing signs and striping to allow on-street
parking along the easterly side of Parkcenter Lane between Black Hawk and
Pima adjacent to Camino Real Park from 8:00 a.m. to 10:00 p.m.
9. DECLARATION OF SURPLUS EQUIPMENT (PUBLIC WORKS
DEPARTMENT)
The vehicles and related equipment were either replaced as part of the
normal rotation and replacement of equipment program or no longer needed
for public use.
Recommendation: Declare the equipment detailed in the staff report as
surplus and not required for public use in accordance with the Tustin City
Code, Section 1626 and authorize the Public Works Department to sell the
equipment at public auction.
10. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE IRVINE BOULEVARD
REHABILITATION BETWEEN RANCHWOOD ROAD AND JAMBOREE
ROAD (CIP NO. 7181), AND THE JAMBOREE ROAD REHABILITATION
BETWEEN IRVINE BOULEVARD AND 1350 FEET NORTH OF TUSTIN
RANCH ROAD (CIP NOS. 7182, 7183 & 7184)
Recommendations:
10.a. Adopt resolution;
RESOLUTION NO. 07-68 - 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 IRVINE BOULEVARD REHABILITATION BETWEEN
RANCHWOOD ROAD AND JAMBOREE ROAD (CIP NO. 7181), AND
THE JAMBOREE ROAD REHABILITATION BETWEEN IRVINE
BOULEVARD AND 1350 FEET NORTH OF TUSTIN RANCH ROAD
(CIP NOS. 7182, 7183 & 7184)
10.b. Authorize the recordation of the Notice of Completion, 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
City Council Meeting September 4, 2007
Agenda Page 5 of 11
2. Release the Faithful Performance Bond not sooner than one year
after the date of recordation of the Notice of Completion.
10.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 10% retention in the amount of $324,459.29 to All American
Asphalt. The total final construction contract cost for the project is
$3,244,592.93.
11. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE CITY PROPERTY
IMPROVEMENTS AT 450 EL CAMINO REAL (CIP NO. 1040)
Recommendations:
11.a. Adopt resolution;
RESOLUTION NO. 07-71 - 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 CITY PROPERTY IMPROVEMENTS AT 450 EL CAMINO REAL
(CIP NO. 1040)
11.b. Direct the City Clerk to:
1. Release the Labor and Materials Bond not sooner than thirty-five
35 days after 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 10% retention in the amount of $8,338.43 to Green Giant
Landscape, Inc. The total final construction contract cost for the project
including contract change orders, is $83,384.28.
12. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION 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)
City Council Meeting September 4, 2007
Agenda Page 6 of 11
Recommendations:
12.a. Adopt resolution;
RESOLUTION NO. 07-72 - 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 ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY
2006-2007 (CIP NO. 7001) AND THE ANNUAL SIDEWALK REPAIR
PROJECT, FY 2006-2007 (PROJECT NO. 402-6235)
12.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
12.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 10% retention in the amount of $64,890.06 to All American
Asphalt. The total final construction contract cost for the project,
including contract change orders, is $648,900.64.
13. AUTHORIZATION TO PURCHASE TWO EXTENDED CAB MINI PICKUP
TRUCKS WITH ACCESSORIES FOR PUBLIC WORKS DEPARTMENT /
FIELD SERVICES DIVISION
Recommendation: Award the bid for the purchase of two (2) extended cab
mini pickup trucks to Victor Buick GMC, Corona, CA, in the amount of
$34,263.36.
14. AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO SIGN VARIOUS DOCUMENTS REQUIRED BY THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR FEDERAL
AND/OR STATE FUNDED TRANSPORTATION IMPROVEMENT
PROJECTS
Recommendation: Adopt resolution.
City Council Meeting September 4, 2007
Agenda Page 7 of 11
RESOLUTION NO. 07-70 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO SIGN
VARIOUS DOCUMENTS REQUIRED BY THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR FEDERAL AND/OR
STATE FUNDED TRANSPORTATION IMPROVEMENT PROJECTS
15. WORKING CAPITAL LOAN AND ADMINISTRATIVE SERVICES
AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
The approval of this loan and administrative services agreement between the
City of Tustin and the Tustin Community Redevelopment Agency will comply
with Section 33675 of the California Health and Safety Code regarding the
allocation and payment of tax increment to Redevelopment Agencies, and
provide the resources necessary to carry out the Agency's programs.
Recommendations:
15.a. Approve Working Capital loan of $4,000,000 to the South Central
Project Area through August 31, 2008; and
15.b. Authorize the Mayor and the Chairperson of the Agency to execute the
attached agreement for 2007-2008, offering and accepting a loan and
various services from the City to the Agency totaling $4,850,000 for
Fiscal Year 2007-2008.
16. APPROVAL OF PRE-QUALIFIED GENERAL CONTRACTORS AND
APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE TUSTIN LIBRARY PROJECT (CIP NO.
1045)
Recommendations:
16.a. Approve the list of pre-qualified general contractors as identified in
Exhibit "A" of staff report, as eligible general contractors to bid the
project; and
16.b. Adopt resolution.
RESOLUTION NO. 07-69 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE TUSTIN LIBRARY PROJECT (CIP NO.
1045), AND AUTHORIZING ADVERTISEMENT FOR BIDS TO A LIST
OF PRE-QUALIFIED GENERAL CONTRACTORS
City Council Meeting September 4, 2007
Agenda Page 8 of 11
17. INTRODUCE AND WAIVE READING OF AN ORDINANCE AMENDING
SECTION 1260 OF THE TUSTIN CITY CODE RELATING TO CITY
COUNCIL BADGES (ORDINANCE NO. 1342)
This action recommends an amendment to the recently adopted council
badges ordinance in response to an opinion of the Attorney General. This
ordinance would allow the City Manager to devise appropriate means of
identification for members of the City Council consistent with the provisions of
state law and the Attorney's General Opinion.
Recommendations:
17.a. Introduce and hold first reading of Ordinance No. 1342 by title only and
set for second reading at the Council's next scheduled meeting; and
ORDINANCE NO. 1342 - AN ORDINANCE OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTION 1260 OF THE TUSTIN
CITY CODE RELATING TO CITY COUNCIL BADGES
17.b. Instruct the City Attorney to forward the Attorney General opinion to all
former members of the City Council and advise them of the potential
liability suggested therein.
18. AMENDMENT TO THE TUSTIN COMMUNITY FOUNDATION “TCF”
ARTICLES OF INCORPORATION AND BY-LAWS
Since it was incorporated, the Articles of Incorporation have called for the City
Council to select directors of the TCF, and to fill vacancies on the Board of
Directors. The City Council has also been required by the TCF Bylaws to
approve other aspects of the governance of the TCF, such as the selection
and terms of office of the TCF directors.
The Board of the TCF has requested that the independence of its non-profit
mission be recognized by ending the City’s remaining indirect role in the
governance of the Foundation. To this end, the Foundation has proposed
that its Articles and Bylaws be restated to remove the City Council’s role with
the TCF, a restatement process which must be approved by a majority of the
membership of the Tustin City Council.
Recommendations:
18.a. Adopt resolution; and
RESOLUTION NO. 07-73 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN APPROVING THE AMENDMENT AND
RESTATEMENT OF THE ARTICLES OF INCORPORATION AND
BYLAWS OF THE TUSTIN COMMUNITY FOUNDATION
City Council Meeting September 4, 2007
Agenda Page 9 of 11
18.b. Direct the City Manager to prepare and execute such documents as
may be necessary to implement the changes in the Articles and
Bylaws.
REGULAR BUSINESS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 19 through 22)
19. SET INTERVIEW DATE FOR VACANCY ON PLANNING COMMISSION
Staff is requesting that the City Council set a date and time to conduct
interviews to fill an unexpired term on the Planning Commission.
Recommendation: Pleasure of the City Council.
20. SETTING DATE -WORKSHOP ON PARKING ON PUBLIC RIGHT OF WAYS
Recommendation: That the City Council set a date to hold a workshop on
parking on public right of ways.
21. DEVELOPMENT PROPOSAL SOLICITATION FOR MARKETING
PROPERTY IN VICINITY OF SR-55 FREEWAY AND EDINGER RAMPS
A request to formalize the solicitation process for marketing certain property
located in the vicinity of the SR-55 Freeway and Edinger Ramps. Also, to
create and formalize the role of two members of the City Council to be added
to the City and Agency Technical Evaluation Committee for recommending
the selection of a prospective buyer and developer for the subject property.
Recommendations:
21.a. Concur to the Developer Request for Proposal (RFP) process on the
subject property and authorize staff to issue an RFP to the selected list
of pre-qualified developers, subject to approval of the City Attorney
and special counsel as to form.
21.b. Concur that, from this date forward until City Council selection of a
development team and award of a contract, any and all contacts
between potential respondents and their representatives on the subject
property or RFP process shall be made solely through the City's
Redevelopment Agency contact, Assistant City Manager Christine
Shingleton. Any and all attempts to contact, or any contact made by
City Council Meeting September 4, 2007
Agenda Page 10 of 11
any other person, including an elected official or appointed official of
the City, shall be grounds for disqualification of a potential
respondent/proposer from the RFP process.
21.c. Formally appoint two members of the City Council, to be the City
Council's representatives on the Technical Evaluation Committee,
which shall be responsible for making subsequent recommendations to
the City Council on the outcome of the RFP process.
22. LEGISLATIVE REPORTS: AB111 (DeSaulnier); AB1309 (Charles Calderon);
AB1542 (Evans); SB981 (Padilla); HR2895; and S. 1518
Recommendation: Pleasure of the City Council.
SECOND PUBLIC INPUT -
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, September 18, 2007 in the Council Chamber, 300
Centennial Way, Tustin, California
Adjourn in memory of
Kenny Wilson
and
Sister Mary of Jesus Rodriguez
City Council Meeting September 4, 2007
Agenda Page 11 of 11