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Home My WebLink About00 CC AGENDA 10-06-09CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Deborah Gavello, Councilmember John Nielsen, Councilmember Jim Palmer, Councilmember OCTOBER 6, 2009 ~ COUNCIL CHAMBER ~~- 300 CENTENNIAL WAY, TUSTIN ~)' William A. Huston, City Manager Douglas Holland, City Attorney Doug Davert, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. ~~ ~~ CALL TO ORDER -Meeting #2221 ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS -The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: A. EXPOSURE TO LITIGATION [Govt. Code § 54856.9(b)] -Two Cases B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property Negotiations Terms and Conditions of Purchase [Government Code Section 54956.8] -One Case Property: Property defined within the Master Developer footprint at Tustin Legacy (the former Marine Corps Air Station Tustin) including Reuse Plan Disposal Parcels 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, 25, 26, 27, 28, 29, 30, 31 and portions of Reuse Plan Disposal Parcel 40. City Negotiators: Christine Shingleton, Assistant City Manager and William Huston, City Manager Negotiators for TLCP: Colm Macken, representative for Tustin Legacy Community Partners (TLCP) NOTE: As required by Senate Bi11343, any non-congdentia/ writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. C. EXISTING LITIGATION [Government Code Section 54856.9(a)] -One Case -Marble Mountain Partners, LLC v. City of Tustin et al., Case No. 30- 2008-00116681 REGULAR CITY COUNCIL MEETING 7:00 P.M. ~~, _ ~~ CALL TO ORDER -Meeting #2221 INVOCATION -American Legion PLEDGE OF ALLEGIANCE -American Legion ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland ORAL COMMUNICATION /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. If the item you wish to speak on is a public hearing, you may wish to wait until the Council considers that item. 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 6) 1. APPROVAL OF MINUTES -REGULAR MEETING OF SEPTEMBER 15, 2009 Recommendation: Approve the Action Minutes of the Regular City Council Meeting held on September 15, 2009. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL City Council Meeting October 6, 2009 Agenda Page 2 of 5 Recommendation: Approve reversals in the amounts of $105.38, $809,051.07, demands in the amounts of $1,264,959.48, $863,027.21, 2,271,955.75; and Payroll in the amount of $715,830.64. 3. PLANNING ACTION AGENDA -SEPTEMBER 22, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. 4. CONSIDERATION OF CLAIM OF FARMERS INSURANCE FOR YOUNG HA, CLAIM NO. 09-23 The Claimant alleges that aCity-owned tree fell onto the vehicle of Young Ha, causing damage in the amount of $1,505.79. Recommendation: That the City Council deny Claim Number 09-23, Farmers Insurance for Young Ha, and direct Staff to send notice thereof to the Claimant. 5. 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 program. Recommendation: That the City Council: 1. Approve Working Capital loan of $4,650,000 to the South Central Project Area through August 31, 2010. 2. Authorize the Mayor and the Chairperson of the Agency to execute the attached agreement for 2009-2010, offering and accepting a loan and various services from the City to the Agency totaling $5,725,000 for fiscal year 2009-2010. 6. ADOPTION OF RESOLUTION NO. 09-52 ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "TRAFFIC SIGNAL INSTALLATION AT PROSPECT AVENUE AND BENETA WAY/AMAGANSET WAY" (CIP NO. 4077) AND TRANSFER FUNDS FOR THE DESIGN AND CONSTRUCTION OF THE PROJECT City Council Meeting October 6, 2009 Agenda Page 3 of 5 The California Department of Transportation (Caltrans) has approved funding in the amount of $254,045 for a traffic signal at the intersection of Prospect Avenue and Beneta Way/Amaganset Way under Cycle 8 of the state legislated Safe Routes to School (SR2S) Program. Adoption of Resolution No. 09-52 will add the project to the Fiscal Year 2009-2010 Capital Improvement Program, including the necessary funding for design and construction. Recommendation: It is recommended that the City Council: 1) Adopt Resolution No. 09-52, amending the Capital Improvement Program Budget for Fiscal Year 2009-2010 to establish a new project entitled "Traffic Signal Installation at Prospect Avenue and Beneta Way/Amaganset Way" (CIP No. 4077); and 2) Authorize the transfer of project design savings in the amount of $49,005 from the Jamboree Road Rehabilitation Project (CIP 7194) for design and the 10% match requirement for project construction costs. RESOLUTION NO. 09-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2009-2010 TO ESTABLISH A NEW PROJECT ENTITLED "TRAFFIC SIGNAL INSTALLATION AT PROSPECT AVENUE AND BENETA WAY/AMAGANSET WAY" (CIP NO. 4077) AND TRANSFER FUNDS FOR DESIGN AND CONSTRUCTION OF THE PROJECT REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 7 through 8) 7. ADOPTION OF RETAIL WATER RATES At the September 1, 2009 meeting City Council directed staff to provide additional water rate options. Staff presented two options at prior council meetings and developed four additional options. Water rate increase Option 1 was presented at the August 4, 2009 meeting and Option 2 was presented at the September 1, 2009 meeting. Options 3 through 5 reduce the water rate increase, delays debt financing for the construction of the Rawlings Reservoir, Tustin Avenue well, the Simon Ranch Reservoir and Booster Station and the Beneta Well; delays pay-as-you-go capital projects; and delays the replenishment of cash reserves. Option 6 is a 1-year rate increase that eliminates operating loss while meeting existing bond covenants. Recommendation: Pleasure of the City Council: 1. Adopt Option 1 water rate increase resolution as presented on August 4, 2009. City Council Meeting October 6, 2009 Agenda Page 4 of 5 2. Adopt Option 2 water rate increase resolution as presented on September 1, 2009 3. Adopt Option 3 water rate increase resolution. 4. Adopt Option 4 water rate increase resolution. 5. Adopt Option 5 water rate increase resolution. 6. Adopt Option 6 water rate increase resolution. If any rate option is approved, the corresponding rate increase will be effective October 7, 2009. RESOLUTION NO. 09-41 THE CITY OF TUSTIN, RATES (OPTIONS 1-6) - A RESOLUTION OF THE CITY COUNCIL OF CALIFORNIA, ADJUSTING WATER SERVICE 8. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next meeting of the City Council is scheduled for Tuesday, October 20, 2009 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council Meeting October 6, 2009 Agenda Page 5 of 5