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Home My WebLink About00 AGENDA 12-04-06 CITY OF TUSTIN DECEMBER 4, 2006 REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN Jerry Amante, Councilmember William A. Huston, City Manager Lou Bone, Councilmember Douglas Holland, City Attorney Tony Kawashima, Councilmember Doug Davert, Mayor Pamela Stoker, City Clerk Jim Palmer, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:35 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 December 4, 2006 meeting of the City Council. (Agenda Items A through C) 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 - City of Newport Beach and City of Tustin v. City of Irvine (2323 Main Street) B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to government Code Section 54956.9(a) - AAE C. 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) City Council Meeting December 4, 2006 Agenda Page 1 of 8 PUBLIC MEETING 7:00 P.M. CALL TO ORDER INVOCATION - Jim Kane, Saddleback Chapel PLEDGE OF ALLEGIANCE & PRESENTATION OF COLORS – Tustin Police Department CEREMONIAL OATH OF OFFICE ? Oath of Office administered to Doug Davert by Jerry Amante ? Oath of Office administered to Jim Palmer by Jerry Amante ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney PROCLAMATION presented to Jill Leach by Mayor Davert FIRST PUBLIC INPUT CONSENT CALENDAR 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 16) 1. APPROVAL OF MINUTES – REGULAR MEETING OF NOVEMBER 20, 2006 Recommendation: Approve the Regular City Council Meeting Minutes of November 20, 2006. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $829,246.75 and $3,092,651.70; and Payroll in the amount of $635,846.98. City Council Meeting December 4, 2006 Agenda Page 2 of 8 3. 2007 LOCAL APPOINTMENTS LIST Recommendation: Approve the 2007 Local Appointments List for the Planning Commission, Parks and Recreation Commission, Historic Resource Committee and Audit Committee. 4. CANCELLATION OF DECEMBER 18, 2006 CITY COUNCIL MEETING Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting of December 18, 2006 and that the City Council hereby waives notice of said meeting as required by the government code. 5. PLANNING ACTION AGENDA – NOVEMBER 27, 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 27, 2006. 6. CONSIDERATION OF CLAIM OF LIBERTY MUTUAL AS SUBROGEE FOR DIANE HALE, CLAIM NO. 06-31 The Claimant reported that while it was parked in front of 650 W. Main Street, their insured's Hyundai Santa Fe was damaged by branches falling from a City tree. The cost to repair the resulting dents and scratches on the vehicle was $788.48. Recommendation: Deny Claim Number 06-31, Liberty Mutual for Diane Hale, and direct Staff to send notice thereof to the Claimant. 7. CONSULTANT SERVICES AGREEMENT, OLD TOWN PARKING STUDY Recommendation: Authorize the City Manager to execute a Consultant Services Agreement with Katz, Okitsu and Associates to perform the subject study. 8. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 300/302 S. B STREET AND 308 W. THIRD STREET The Mills Act is State legislation that provides for reduced property taxes on an eligible historic property if the property owner agrees to maintain and preserve the property for a minimum of ten years. On June 16, 1997, the City Council authorized the implementation of a Mills Act program in Tustin and established a City Council Meeting December 4, 2006 Agenda Page 3 of 8 policy specifying which properties would be eligible for the program. Said property would be the eleventh historic property preservation agreement to be considered by the Council. The body of the agreement contains standard language that is required by State law to be included in every Mills Act contract. Owner: Katherine Wu Recommendation: Adopt resolution. RESOLUTION NO. 06-127 - A resolution of the City Council of the City of Tustin, California, authorizing the City Manager or authorized designee to coordinate, process, and execute the Historic Property Preservation Agreement attached hereto as Exhibit 1 with the owner of the property located at 300/302 South B Street and 308 West Third Street, Tustin, California 9. AWARD OF CONTRACT FOR 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) Bids for the combined 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) have been received and a construction contract is ready to be awarded. Recommendation: Award the construction contract 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) to All American Asphalt, the lowest responsible and responsive bidder, in the amount of $2,766,204.55, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 10. SUPPLEMENTAL APPROPRIATION FOR THE RED HILL AVENUE/OLWYN DRIVE PEDESTRIAN ENHANCEMENTS PROJECT (CIP NO. 4067) The contractor for the Red Hill Avenue / Olwyn Drive Pedestrian Enhancements Project (CIP No. 4067) has requested a change order for additional work. The cost of this work has now been resolved and a supplemental appropriation is necessary to complete payment of this change order. Recommendation: Approve a supplemental appropriation in the amount of $15,000.00 from the unappropriated Capital Projects Fund to the Red Hill Avenue / Olwyn Drive Pedestrian Enhancements Project (CIP No. 4067). City Council Meeting December 4, 2006 Agenda Page 4 of 8 11. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE TUSTIN LEGACY PORTAL ENTRY AT RED HILL AVENUE AND VALENCIA AVENUE (CIP NO. 1046) The plans and specifications for the Tustin Legacy Portal Entry at Red Hill Avenue and Valencia Avenue (CIP No. 1046) have been prepared and the project is now ready to bid. A Notice of Exemption has been recorded with the County of Orange for said project as it is categorically exempt under California Environmental Quality Act (CEQA) requirements. Recommendation: Adopt resolution. RESOLUTION NO. 06-128 - A resolution of the City Council of the City of Tustin, California approving Plans and Specifications for the Tustin Legacy Portal Entry at Red Hill Avenue and Valencia Avenue (CIP No. 1046), and authorizing advertisement for bids 12. APPROVAL OF COOPERATIVE AGREEMENT NO. C-6-0799 BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF TUSTIN FOR CITY-INITIATED TRANSIT EXTENSIONS TO METROLlNK (THE "GO LOCAL STEP 1" PROGRAM) In order to address future Metrolink service expansion, the Orange County Transportation Authority (OCTA) has developed a program known as "GO LOCAL", which provides for the study of city-initiated transit extensions to Metrolink train stations. "GO LOCAL Step 1" provides grant money for cities to study transit needs and develop visions for enhancing access to the Metrolink system. Under Cooperative Agreement No. C-6-0799, a project concept will be pursued which will identify needs and opportunities to enhance transit service to the Tustin Metrolink Station. Recommendation: Approve Cooperative Agreement No. C-6-0799 with the Orange County Transportation Authority for City-Initiated Transit Extensions to Metrolink (the "GO LOCAL Step 1" Program), and authorize the Mayor and City Clerk to execute the document on behalf of the City. 13. PROJECT MANAGEMENT SERVICES FOR TUSTIN LIBRARY PROJECT (CIP 1045) Construction plans and specifications are nearing completion for the Tustin Library Project and given the complexity of the project, it is now necessary to enter into an agreement for project construction management services. Recommendation: Approve the Consultant Services Agreement with Griffin Structures, Inc. (the "Consultant") for project construction management services; and authorize the City Manager to execute a Consultant Services Agreement City Council Meeting December 4, 2006 Agenda Page 5 of 8 with the Consultant, subject to final approval as to form of the Agreement as required by the City Attorney. 14. OFFICE LEASE FOR 275 CENTENNIAL WAY, SUITES 104 AND 104A, TUSTIN Recommendations: 14.a. Authorize the City Manager to execute the proposed Office lease for Suites 104 and 104 A at 275 Centennial Way, Tustin; and 14.b. Appropriate $36,785 from the unappropriated fund balance in the Town Center Redevelopment Project Area, $36,785 from the unappropriated fund balance in the South Central Redevelopment Project Area, and $31,530 from the unappropriated fund balance in the MCAS Tustin Redevelopment Project Area 15. 2005-2006 ANNUAL REPORT – REDEVELOPMENT AGENCY Recommendations: 15.a. Receive and file an annual report of housing activity for FY2005-06; and 15.b. Direct that a copy of an annual report of housing activity for FY 2005-06 and all other required reporting documents and forms be executed in final form and filed with the City of Tustin, the State Controller, and State Department of Housing and Community Development. 16. DECLARATION OF SURPLUS EQUIPMENT – PUBLIC WORKS DEPARTMENT Recommendation: Declare the equipment detailed in the attached report as surplus and not required for public use, in accordance with the City Code, Section 1626 and authorize the Public Works Department to sell the equipment at public auction. City Council Meeting December 4, 2006 Agenda Page 6 of 8 REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 17 through 20) 17. ORDINANCE FIRST READING - DESIGNATION OF PUBLIC PARKING AREAS AND REVIEW OF A DRAFT DEVELOPMENT AGREEMENT BETWEEN THE CITY AND PROSPECT VILLAGE, L.P. This action recommends an ordinance providing for the designation of public parking areas within the City, adoption of a resolution for the designation of parking spaces owned by the City and located at the Tustin Water Yard parking lot as a public parking area, and includes City Council approval to transmit a proposed Development Agreement recommended for subsequent review and action by the Tustin Planning Commission Recommendations: 17.a. Introduce and have first reading of Ordinance No. 1323 and set for second reading at the Council's next scheduled meeting.; ORDINANCE NO. 1323 - An ordinance of the City of Tustin, California, adding Chapter 9 to Article 7 of the Tustin City Code, providing for the designation of public parking areas within the City 17.b. Instruct staff to commence proceedings, provide a notice consistent with Ordinance No. 1323, and prepare a resolution designating parking spaces owned by the City of Tustin, located at the Tustin Water Yard parking lot, as a public parking area. Resolution to be heard concurrently with the adoption of Ordinance No. 1323, to go into effect on the effective date of Ordinance No. 1323; and 17.c. Refer draft Development Agreement 06-01 to the Tustin Planning Commission for action. 18. ORDINANCE SECOND READING - CODE AMENDMENT 06-007: AN ORDINANCE REGARDING CONSISTENCY OF ANY USE, ENTITLEMENT, AUTHORIZATION, LICENSE, OR PERMIT WITH APPLICABLE STATE AND FEDERAL LAWS 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 City Council Meeting December 4, 2006 Agenda Page 7 of 8 inconsistent with federal law. At its meeting of November 13, 2006, the Planning Commission recommended approval of Ordinance No. 1322. Recommendation: Have second reading by title only and adoption of Ordinance No. 1322. (Roll call vote) 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 19. CITY COUNCIL – LEGISLATIVE UPDATES Recommendation: Pleasure of the City Council. 20. MAYOR AND MAYOR PRO TEM SELECTION Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT – Refer to First Public Input for information. OTHER BUSINESS - City Manager, City Attorney, City Council COMMITTEE REPORTS - City Council ADJOURNMENT – Reception immediately following meeting at Clifton C. Miller Community Center. The next regular meeting of the City Council is scheduled for Tuesday, January 2, 2007, at 5:30 p.m. for Closed Session and 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. NOTE: The December 18, 2006 City Council meeting will be cancelled. City Council Meeting December 4, 2006 Agenda Page 8 of 8