HomeMy WebLinkAbout00 CC AGENDA 11-20-06
CITY OF TUSTIN NOVEMBER 20, 2006
REGULAR MEETING OF THE COUNCIL CHAMBER
CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
Tracy Worley Hagen, Mayor Pro Tem William A. Huston, City Manager
Jerry Amante, Councilmember Douglas C. Holland, City Attorney
Lou Bone, Councilmember Pamela Stoker, City Clerk
Tony Kawashima, Councilmember Doug Davert, Mayor George Jeffries, City Treasurer
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 November 20, 2006
meeting of the City Council. (Agenda Items A through D)
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 - POSSIBLE INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9(c) – one case
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
government Code Section 54956.9(a)
? AAE
C. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION pursuant to
government Code Section 54956.9
? City of Newport Beach and City of Tustin v. City of Irvine (2323 Main Street)
City Council Meeting November 20, 2006
Agenda Page 1 of 8
D. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Agency Negotiators: Kristi Recchia, Director of Human Resources and
Linda Jenson
Employee Organization: Tustin Municipal Employees Association (TMEA)
Employee Organization: Tustin Police Officers Association (TPOA)
Employee Organization: Tustin Police Support Service Association (TPSSA)
Employee Organization: Tustin Police Management Association (TPMA)
REGULAR MEETING
7:00 P.M.
CALL TO ORDER
INVOCATION
– Father Anh Nguyen, St. Cecilia’s Church
PLEDGE OF ALLEGIANCE
– Mayor Pro Tem Hagen
NATIONAL ANTHEM
– Crystal Cooper, 2006 Miss Tustin 1st Runner-Up
ROLL CALL
– City Clerk Stoker
CLOSED SESSION REPORT
– City Attorney
PRESENTATION
by Historic Resource Committee to Jerry Montgomery at 160 S. Pacific
Street for Outstanding Old Town Property
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 Items 1 through 3)
City Council Meeting November 20, 2006
Agenda Page 2 of 8
1. AMENDMENTS TO THE 1999-00, 2002-03, AND 2005-06 ACTION PLANS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND CITIZEN
PARTICIPATION COMMITTEE APPOINTMENTS FOR CDBG PROGRAM YEAR
2007-08
The Community Development Department is proposing to amend the 1999-00, 2002-
03 and 2005-06 CDBG Action Plans. The proposed amendments would reallocate
funds from unused funds to fund an Old Town Parking Study.
Recommendations:
1.a. Open and close a Public Hearing; and
1.b. Adopt resolution; and
RESOLUTION NO. 06-124 - A resolution of the City Council of the City of
Tustin, California, approving amendments to the City's 1999-00, 2002-03, and
2005-06 Community Development Block Grant (CDBG) Program Action Plans
by reallocating $65,000 of unused CDBG Funds towards an Old Town Parking
Study and authorizing submission of the amendment to the Federal
Department of Housing and Urban Development
1.c. Appoint two at-large representatives for the 2007-08 Citizen Participation
Committee.
2. CODE AMENDMENT 06-007 - AN ORDINANCE REGARDING CONSISTENCY OF
ANY USE, ENTITLEMENT, AUTHORIZATION, LICENSE, OR PERMIT WITH
APPLICABLE STATE AND FEDERAL LAWS (ORDINANCE NO. 1322)
The City Council previously adopted interim urgency ordinances prohibiting the
establishment of medical marijuana dispensaries. The second interim urgency
ordinance will expire in approximately two months. In lieu of extending this
moratorium for one additional year, staff and the City Attorney are proposing the City
adopt an ordinance that will expressly provide that any use proposed for any district
in the City must be consistent with federal and state law. This prohibition would
extend to medical marijuana dispensaries since such uses are inconsistent with
federal law. At its meeting of November 13, 2006, the Planning Commission
recommended approval of Ordinance No. 1322.
Recommendations:
2.a. Open and close a Public Hearing; and
2.b. Introduce and have first reading of Ordinance No. 1322 and set for second
reading at the Council's next scheduled meeting.
ORDINANCE NO. 1322 - An ordinance of the City of Tustin, California, adding
Subsection d to Section 9270 and Subsection f to Section 9298 of the Tustin
City Code, relating to the establishment of prohibited uses in all zoning
districts
City Council Meeting November 20, 2006
Agenda Page 3 of 8
3. CODE AMENDMENT 06-005 (CITY’S SIGN CODE ORDINANCE)
Code Amendment 06-005 consists of proposed amendments to the City's Sign
Code. Most of the proposed amendments pertain to signs in the public right of
way, including real estate open house signs, political signs, and human signs.
Code Amendment 06-005 was scheduled for a public hearing before the Planning
Commission on October 23, 2006, which was continued to the November 13,
2006 meeting of the Planning Commission. The public hearing was held on
November 13, 2006, and has been continued to November 27, 2006, so that Draft
Ordinance No. 1321 could be revised based on input received from the Planning
Commission.
Applicant: City of Tustin
Recommendation: Continue the public hearing to January 3, 2007.
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 12)
4. APPROVAL OF MINUTES: REGULAR MEETING MINUTES OF NOVEMBER 6,
2006
Recommendation: Approve the Regular Meeting Minutes of November 6, 2006.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amounts of $522,604.43;
$2,475,385.18; Reversals in the amount of $5,429.22; and Payroll in the amount of
$577,002.69.
6. PLANNING ACTION AGENDA – NOVEMBER 13, 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 November
13, 2006.
City Council Meeting November 20, 2006
Agenda Page 4 of 8
7. AUTHORIZING THE TEMPORARY CLOSURE AND REROUTING OF TRAFFIC
ONTO AND OVER JAMBOREE ROAD AND PORTOLA PARKWAY FOR THE
ORANGE COUNTY MARATHON
The State of California has approved the conducting of the Orange County Marathon
on January 7, 2007, requiring the closure of SR 261 between Walnut Avenue and
Portola Parkway. The City Council is requested to authorize the temporary closure
and adopt Resolution 06-126.
Adopt resolution.
Recommendation:
RESOLUTION NO. 06-126 - A resolution of the City Council of the City of
Tustin, authorizing the temporary closure and re-routing of traffic onto and
over Jamboree Road and Portola Parkway on January 7, 2007 between 6:00
a.m. and 12:00 p.m.
8. CONSIDERATION OF CLAIM OF MERCURY INSURANCE AS SUBROGEE FOR
ABHINAV AGARWAL, CLAIM NO. 06-32
The Claimant reported that while traveling northbound on Browning Avenue at Irvine
Blvd., their insured's vehicle dragged on the ground due to the higher road elevation
across the intersection. The cost for labor and parts to repair the damages underneath
the insured vehicle was $1,791.14.
Staff and the City's Claims Administrator have determined that the area where the
damage occurred to the Claimant/Insured's vehicle is in the jurisdiction of the County of
Orange. The recommendation is to refer the Claimant to the County of Orange and to
deny the claim at this time.
Deny Claim Number 06-32, Mercury Insurance for Abhinav
Recommendation:
Agarwal, and direct Staff to send notice thereof to the Claimant.
9. AWARD OF CONTRACT FOR ANNUAL LANDSCAPE MAINTENANCE SERVICES
FOR ASSESSMENT DISTRICT AREAS FROM JANUARY 1, 2007 THROUGH JUNE
30, 2007 WITH THE OPTION OF THREE ONE-YEAR EXTENSIONS
Award of the contract for Annual Landscape Maintenance Services to Spectrum Care
Landscape to provide landscape maintenance services in the City of Tustin's
Assessment District Areas. The contract will provide for all daily and periodic
landscape maintenance service needs for the remaining six (6) months of Fiscal Year
2006-2007, with the option of three one-year extensions through June 30, 2010.
Recommendations:
9.a. Award the subject contract to Spectrum Care Landscape in the amount of
$162,078 and authorize the Mayor and the City Clerk to execute the contract
documents on behalf of the City; and
9.b. Authorize staff to issue a 30-day Notice of Cancellation to the current contract
with TruGreen LandCare, effective January 1, 2007.
City Council Meeting November 20, 2006
Agenda Page 5 of 8
10. AWARD OF CONTRACT FOR ANNUAL LANDSCAPE MAINTENANCE
SERVICES FOR GENERAL FUND AREAS FROM JANUARY 1, 2007
THROUGH JUNE 30, 2007 WITH THE OPTION OF THREE ONE-YEAR
EXTENSIONS
Award of the contract for Annual Landscape Maintenance Services to Spectrum
Care Landscape to provide landscape maintenance services in the City of
Tustin's General Fund Areas. The contract will provide for all daily and periodic
landscape maintenance service needs for the remaining six (6) months of Fiscal
Year 2006-2007 with the option of three one-year extensions through June 30,
2010.
Recommendations:
10.a. Award the subject contract to Spectrum Care Landscape in the amount of
$152,658 and authorize the Mayor and the City Clerk to execute the
contract documents on behalf of the City.
10.b. Authorize staff to issue a 30-day Notice of Cancellation to the current
contract with TruGreen LandCare, effective January 1, 2007.
10.c. Authorize a new budget appropriation of $50,000 to cover the increased
contract cost from unappropriated funds in the General Fund.
11. APPROVAL OF GRANT DEEDS TO THE STATE OF CALIFORNIA IN
CONJUNCTION WITH THE RED HILL AVENUE WIDENING PROJECT AT THE
I-5 FREEWAY (CIP NO. 7133)
The Grant Deeds from the City of Tustin to the State of California will transfer a
portion of land recently acquired for the Red Hill Avenue Widening Project at the
I-5 Freeway (CIP No. 7133). The transferred land is on Red Hill Avenue within the
access control area of the I-5 Freeway.
Recommendation: Approve Grant Deeds 102318, 102319, and 102320 granting
certain real property to the State of California and authorize the Mayor and City
Clerk to execute the Grand Deeds on behalf of the City.
12. AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT WITH
JACOBS CIVIL, INC. FOR CONSTRUCTION OVERSIGHT AND INSPECTION
SERVICES FOR PHASES II, III, AND IV OF THE DISTRICT (VESTAR/KIMCO
TUSTIN) OFF-SITE BACKBONE INFRASTRUCTURE AT TUSTIN LEGACY
Recommendations:
12.a. Approve Amendment No. 1 to Consultant Services Agreement with Jacobs
Civil, Inc. to provide construction oversight and inspection services for
City Council Meeting November 20, 2006
Agenda Page 6 of 8
construction of Phases II, III, and IV of The District Off-Site Backbone
Infrastructure at Tustin Legacy, and authorize the Mayor and City Clerk to
execute the Amendment on behalf of the City; and
12.b. Appropriate $93,000 from the Tustin Legacy Redevelopment Agency Fund
to CIP No. 7169 (The District at Tustin Legacy) for the construction
oversight services on these projects.
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 13 through 15)
13. INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING
Senate Bill 1818 and 435 were enacted in 2004 and 2005, respectively, providing
amendments to the State's Density Bonus law. Proposed Ordinance No. 1320
would update the City's current Incentives for the Development of Affordable
Housing Ordinance to comply with the State's latest amendment to Government
Code Section 65915. On October 23, 2006, the Planning Commission adopted
Resolution No. 4042 recommending that the City Council adopt Ordinance No.
1320.
Recommendation: Have second reading by title only and adoption of Ordinance
No. 1320 (roll call vote).
ORDINANCE NO. 1320 - An ordinance of the City Council of the City of
Tustin, California, amending Article 9, Chapter I, governing incentives for
the development of affordable housing
14. MISS TUSTIN SCHOLARSHIP FUNDING REQUEST
The Miss Tustin Scholarship Pageant is requesting a $2,500 donation from the
City Council to support the 2007 pageant.
Recommendation: Pleasure of the City Council.
15. CITY COUNCIL – LEGISLATIVE UPDATES
Recommendation: Pleasure of the City Council.
City Council Meeting November 20, 2006
Agenda Page 7 of 8
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 / COMMITTEE REPORTS -
City Manager, City Attorney, City Council
ADJOURNMENT
– The next regular meeting of the City Council is scheduled for December 4,
2006 at 5:30 p.m. for Closed Session and 7:00 p.m. for the Regular Meeting in the Council
Chamber, 300 Centennial Way, Tustin, California
City Council Meeting November 20, 2006
Agenda Page 8 of 8