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HomeMy WebLinkAbout00 CC AGENDA 08-07-06CITY OF TUSTIN SPECIAL & REGULAR MEETINGS OF THE CITY COUNCIL Tracy Worley Hagen Mayor Pro Tem Jerry Amante, Councilmember Lou Bone Councilmember _ Tony Kawashima, Councilmember Doug Davert, Mayor AUGUST 7, 2006 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN William A. Huston, City Manager Douglas C. Holland, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer SPECIAL MEETING 5:00 P.M. CALL TO ORDER ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Special Meeting agenda. 1. INTERVIEW AND APPOINTMENT TO THE PLANNING COMMISSION The City Council will conduct interviews and appoint one (1) member to the Planning Commission to fill an unexpired term that will expire on March 1, 2007. Recommendation: Conduct interviews and appoint a member to the Planning Commission. ADJOURN to 5:30 p.m. for Closed Session City Council Meeting August 7, 2006 Agenda Page 1 of 10 CLOSED SESSION 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 August 7, 2006 meeting of the City Council. (Agenda Item A) CALL TO ORDER ATTENDANCE 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--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) • AAE vs. City of Tustin • Russell vs. City of Tustin REGULAR MEETING 7:00 P.M. CALL TO ORDER INVOCATION -Father John Block, St. Cecilia's Church PLEDGE OFALLEGIANCE -Mayor Davert ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT-City Attorney City Council Meeting August 7, 2006 Agenda Page 2 of 10 PRESENTATIONS • Presentations by Orange County Transportation Authority (OCTA) Boardmember Carolyn Cavecche on: ~ Super Committee ~ Metrolink Special Event at Tustin Station on August 27, 2006 FIRST PUBLIC INPUT -This is the time and place for any member of the public who wishes to address the Council on any item(s) on the Agenda. PUBLIC HEARING 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. CODE AMENDMENT 06-003 RELATED TO LOT LINE ADJUSTMENTS Over the past several years, the State's Subdivision Map Act has undergone several minor revisions. Although the City's Subdivision Ordinance can be more restrictive than the State's Subdivision Act, Code Amendment 06-003 would bring the City's Subdivision Code related to the processing of Lot Line Adjustments to be consistent with the provisions of the State's Subdivision Map Act. The proposed amendments would: 1 }limit the number of lots included in a Lot Line Adjustment to no more than four (4} existing adjoining parcels; and, 2} allow a Lot Line Adjustment to reduce but not increase the number of parcels. On July 24, 2006, the Planning Commission adopted Resolution No. 4030, recommending that the City Council approve Code Amendment 06-003 to amend the Tustin City Code related to Lot Line Adjustments. Applicant: City of Tustin Community Development Department Recommendations: 1.a. Open and close the public hearing; and 1.b. Introduce and have first reading by title only of the following ordinance: ORDINANCE N0. 1314 - An ordinance of the City Council of the City of Tustin, California, approving Code Amendment 06-003 amending Tustin City Code Section 9322 relating to Lot Line Adjustment Regulations City Council Meeting August 7, 2006 Agenda Page 3 of 10 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 20) 2. APPROVAL OFMINUTES -REGULAR MEETING MINUTES OF JULY 17, 2006 Recommendation: Approve the Regular Meeting Minutes of July 17, 2006. 3. CANCELLATION OF AUGUST 21, 2006 CITY COUNCIL AND REDEVELOPMENT AGENCY MEETINGS Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council and Redevelopment Agency meetings of August 21, 2006 and that the City Council hereby waive notice of said meetings as required by the government code. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $3,795,557.62; $2,315,169.61; and $2,926,258.95; and Payroll in the amount of $591,691.56. 5. CONSIDERATION OF CLAIM OF MOHAMMAD MOSTAHKAMI, CLAIM N0. 06-19 Recommendation: That the City Council deny Claim Number 06-19, Mohammad Mostahkami, and direct Staff to send notice thereof to the Claimant. 6. 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 adopted programs in the Agency's three project areas. Recommendations: City Council Meeting August 7, 2006 Agenda Page 4 of 10 6.a. Extend the existing loan of $3,000,000 to the South Central Project Area to August 31, 2007; 6.b. Extend the existing loan to the MCAS Tustin Project Area of $5,000,000 to August 31, 2007; and 6.c. Authorize the Mayor and the Chairperson of the Agency to execute the attached agreement for 2006-2007, offering and accepting a loan and various services from the City to the Agency totaling approximately $8,684,000 for Fiscal Year 2006-2007. 7. ANIMAL CARE SERVICES AGREEMENT FOR FISCAL YEAR 2006-2007 Recommendation: Authorize the Mayor to sign the Animal Care Services agreement with the Orange County Health Care Agency for Fiscal Year 2006- 2007. 8. PLANNING ACTION AGENDA -JULY 24, 2006 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 July 24, 2006. 9. FINAL PARCEL MAP 2005-240: 2552 WALN UT AVEN U E Final Parcel Map 2004-240 is a request to subdivide an existing parcel to create a condominium office building for eleven (11) suites within an existing two-story office building. The project site is 2.176 acres in area and is located at the southwest corner of Walnut Avenue and Franklin Avenue within the Irvine Industrial Complex and the City's Planned Community Industrial (PC-IND) zoning district (Attachment A -location Map). The site is developed with a 33,669 square foot two-story office building. Plans for interior and minor exterior modifications to the existing building have been approved and the improvements are currently under construction. Applicant: Pacific Pointe Partners, LLC Recommendation: Adopt resolution. RESOLUTION N0. 06-97 - A resolution of the City Council of the City of Tustin approving Final Parcel Map 2005-240 to create a parcel for condominium purposes and multiple suites within an existing two-story office building located at 2552 Walnut Avenue City Council Meeting August 7, 2006 Agenda Page 5 of 10 10. FISCAL YEAR 2005 STATE HOMELAND SECURITY GRANT The County of Orange, acting through its Sheriff-Coroner Department is the lead agency for the Orange County Operational Area for Homeland Security. Acting in that capacity, they have applied for, received, and accepted a grant from the State of California Office of Homeland Security to enhance countywide emergency preparedness. Terms of the grant require that certain funds, property, or equipment purchased with grant funds be transferred to jurisdictions within the operational area. The City of Tustin, as a part of the operational area, is entitled to participate in the grant. The Police Department proposes to use the FY05 State Homeland Security Grant to purchase items specified in the grant to enhance the city's emergency preparedness. Recommendation: 10.a. Authorize transfer from the County of Orange to the City of Tustin the following equipment, technology or services: MIR3 Automated notification system; Web EOC, IMAP; OC Bomb Squad Enhancements; establishment of Regional Response Teams; enhance the Terrorism Early Warning System; assess vulnerabilities and harden targets; establish citizen emergency preparedness training; Terrorism Liaison Officers equipment and salary reimbursement; Citizen Corp equipment funds; and integration of NIMS into SEMS; and 10.b. Authorize the Chief of Police to sign any grant related paperwork on behalf of the City. 11. POLICE DEPARTMENT VEHICLE PURCHASES Recommendations: Approve the purchase of: 11.a. Nine (9) 2006 Dodge Charger police vehicles from Moss Brothers Dodge in Riverside, California in the amount of $213,431.49 (including tax and license); 11.b. One (1) 2006 Dodge Durango police vehicle from the CMAS state contract through Lasher Dodge in Sacramento, California in the amount of $23,808.26 (including tax and license); and 11.c. Police equipment conversion packages for the conversion of nine (9) 2006 Dodge Charger police vehicles and one (1) 2006 Dodge Durango police vehicle from Northstar Graphics in Downey, California in the amount of $7,133.81 per conversion, for a total cost of $71 ,338.10. 12. CANINE SALES AGREEMENT (ELKO) City Council Meeting August 7, 2006 Agenda Page 6 of 10 Recommendation: Approve the Sales Agreement between the City of Tustin and Officer Shonn Rojas releasing the City of responsibility and/or liability concerning Police canine, Elko. 13. REQUEST FOR AUTHORIZATION FOR CAPITAL EXPENDITURE CANINE The Tustin Police Department's Canine Unit consists of two Police Service Dogs and two handlers. Recently one of our Police Service Dogs, Elko, was diagnosed with a medical condition to his spine. After examining Elko, the veterinarian advised that Elko's injury was severe enough to prevent him from conducting the "normal" duties of a Police Service Dog and recommend his retirement from active duty. A new Police Service Dog is needed to bring the Tustin Police Department's Canine Unit up to full staffing levels. Recommendation: Purchase one replacement police dog, related equipment, and necessary training from Falco Enterprises, Inc., at a total cost of $13,500. Donated funds will be used for this expense. 14. SURPLUS FIREARMS INVENTORY REDUCTION The Police Department has completed the replacement of the 1990/1991 era Beretta semi-auto handguns. The retention of these older weapons is not warranted based upon needs of the agency and facility storage capabilities. The current inventory includes 97 of the 199011991 era Beretta handguns. Of these, eight are being retained for department use and training. The other 89 are considered surplus and can be sold to reduce inventory and recover funds for the City at the current market value. Qualified sworn personnel have expressed a desire to purchase some of the current surplus weapons, and the vendor from whom we purchased the new handguns this year has stated it will purchase the remaining surplus guns. Recommendation: Authorize the sale and transfer of ownership of 26 surplus handguns previously issued as duty weapons to qualified sworn personnel per Department of Justice guidelines with proceeds deposited into the General Fund. Authorize the sale of 63 surplus Beretta handguns to Proforce Distributors of Brea with proceeds deposited into the Genera Fund. 15. AMENDMENT NO. 1 TO THE CONSULTANT SERVICES AGREEMENT WITH JACOBS CIVIL, INC. 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) Amendment No. 1 modifies Section 12 of the Consultant Services Agreement entitled "Safety". The section, as written, requires the Construction Manager to provide safety management services for the project, when normally it is the responsibility of the City Council Meeting August 7, 2006 Agenda Page 7 of 10 contractor. Amendment No. 1 modifies Section 12 such that the Construction Manager is only responsible for safety management services for its own employees and to review the contractor's safety plan. Recommendation: Approve Amendment No. 1 to the Consultant Services Agreement with Jacobs Civil, Inc. for 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 agreement. 16. RESOLUTION DECLARING THE CITY'S INTENTION TO VACATE A PORTION OF PREBLE DRIVE BETWEEN EAST MAIN STREET AND EAST THIRD STREET, AND SETTINGATIMEAND PLACE FORTHE PUBLIC HEARING Recommendation: Adopt resolution. RESOLUTION N0. 06-73 - A resolution of the City Council of the City of Tustin, California, declaring its intention to vacate and abandon a portion of Preble Drive between East Main Street and East Third Street, and to set a time and place fora public hearing thereon 17. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY 2005-2006 (CIP NO. 7001), THE ANNUAL SIDEWALK REPAIR PROJECT, FY 2005-2006 (PROJECT NO. 402-6235), AND THE WILLIAMS STREET IMPROVEMENT PROJECT (CIP NO. 7187) Recommendations: 17.a. Adopt resolution; RESOLUTION NO. 06-99 - 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 2005-2006 (CIP No. 7001), the Annual Sidewalk Repair Project, FY 2005-2006 (Project No. 402-6235), and the Williams Street Improvement Project (CIP No. 7187) 17.b. Authorizing 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 2. Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and 17.c. Assuming no claims or stop payment notices are filed, it is further City Council Meeting August 7, 2006 Agenda Page 8 of 10 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 $62,687.26 to All American Asphalt. The total final construction contract cost for the project is $626,872.62. 18. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE BUILDINGS DEMOLITION FOR FUTURE NEW TUSTIN LIBRARY (CIP NO. 1045) Recommendations: 18.a. Adopt resolution; and RESOLUTION NO. 06-62 - A resolution of the City Council of the City of Tustin, California approving Plans and Specifications for the Buildings Demolition for future new Tustin Library (CIP No. 1045), and authorizing advertisement for bids 18.b. Appropriate $3,300,400 from the un-appropriated reserves of the Tustin Legacy Enterprise Fund to return funds to the Town Center Housing Set- Aside Funds used to acquire property for the library project. 19. AWARD OF CONTRACT FOR CUSTODIAL SERVICES TO DIAMOND CONTRACT SERVICES, INC. Recommendations: 19.a. Award this Custodial Services Contract to Diamond Contract Services, Inc., in the amount of $166,634.82 for the period from October 1, 2006 through June 30, 2007 with the option of three, one-year extensions through June 30, 2010; and 19.b. Authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 20. FINAL TRACT MAP 17026 FOR CONVEYANCE PURPOSES (SECTOR "A" MAP) Final Tract Map 17026 is a request to subdivide approximately 805.5 acres into thirty- six (36) parcels for financing and conveyance purposes only within Planning Areas 7, 8, 9, 10, 11, 12, 13, 14, and 15 of the MCAS Tustin Specific Plan, generally bounded by Edinger Avenue to the north, Jamboree Road to the east, Barranca Parkway to the south, and Red Hill Avenue to the west. On July 3, 2006, City Council approved Tentative Tract Map 17026 by adopting Resolution No. 06-77 Applicant: Tustin Legacy Community Partners, LLC; City Council Meeting August 7, 2006 Agenda Page 9 of 10 Owners: City of Tustin, Tustin Public Financing Authority, and United States of America Recommendation: Adopt resolution. RESOLUTION N0. 06-101 - A resolution of the City Council of the City of Tustin approving Final Tract Map 17026 to subdivide 805.5 acres into thirty-six (36) lots for conveyance purposes within Planning Areas 7, 8, 9, 10, 11, 12, 13, 14, and 15 of the MCAS Tustin Specific Plan, generally bounded by Edinger Avenue to the north, Jamboree Road to the east, Barranca Parkway to the south, and Red Hill Avenue to the west REGULAR BUSINESS ITEMS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 21 and 22) 21. ORDINANCE NO. 1315 SECOND READING: TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) FORMING THE DISTRICT Recommendation: Have second reading by title only and adoption of Ordinance No. 1315 (roll call vote). ORDINANCE NO. 1315 - An ordinance of the City of Tustin, California, Levying Special Taxes within the City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) 22. CITYCOUNCIL-LEGISLATIVE UPDATES Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT -This is the time and place for any member of the public who wishes to address the Council on any item(s) NOT on the Agenda. OTHER BUSINESS I COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next regular meeting of the City Council is scheduled for Tuesday, September 5, 2006 in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting August 7, 2006 Agenda Page 10 of 10