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Home My WebLink About00 CC AGENDA 02-02-2010CITY OF TUSTIN JOINT REGULAR MEETING OF THE ~ CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY John Nielsen, Mayor Pro Tem Doug Davert, Councilmember Jim Palmer, Councilmember Jerry Amante, Mayor Deborah Gavello, Councilmember FEBRUARY 2, 2010 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN William A. Huston, City Manager Douglas Holland, City Attorney Pamela Stoker,:, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. ~;F __---- ~~ CALL TO ORDER -Meeting #2229 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. EXISTING LITIGATION [Govt. Code Section § 54956.9(a)] -One Case • City of Tustin v. Thomas Fitterer -Orange County Superior Court Case No.30-2008-00113700 C. LABOR NEGOTIATIONS (Government Code Section 54957.6] Agency Negotiators: Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) NOTE: As required by Senate Bill 343, any non-confidential 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. Em plov ee Org anization: Tustin Police Officers Association (TPOA) Em plov ee Org anization: Tustin Police Support Service Association (TPSSA) Em ploy ee Org anization: Tustin Police Management Association (TPMA) Em plov ee Org anization: Part-Time Unrepresented Employees Em plov ee Org anization: Unclassified Confidential Employees Em plov ee Org anization: Management and Supervisory Em plo vee Org anization: Executive Management JOINT REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY MEETING 7:00 P.M. ~~ ~~ CALL TO ORDER -Meeting #2229 INVOCATION -Mayor Pro Tem Nielsen PLEDGE OF ALLEGIANCE - Councilmember Davert ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland PRESENTATION • A Certificate of Recognition presented by Mayor Amante to Trajan Perez and Charlotte Bourgeois, the property owners of Greenwood House located at 525 West Main Street for Outstanding Old Town Property. 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 item, you may wish to wait until the Council considers that item. PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Item 1) City Council/Redevelopment Agency/ February 2, 2010 Tustin Public Financing Authority Meeting Agenda Page 2 of 8 1. AMENDMENT TO CONDITIONS OF APPROVAL FOR CITY COUNCIL RESOLUTION NO. 09-65 -CONDITIONAL USE PERMIT 09-023 On November 17, 2009, the City Council adopted Resolution No. 09-65, approving Conditional Use Permit (CUP) 09-023 to authorize the sale of beer and wine for on-site consumption (ABC License Type 41) in conjunction with an existing restaurant (dba Traditions) located at 14131 Red Hill Avenue (Exhibit A- Location Map). Condition 1.4 of City Council Resolution No. 09-65 requires that the property owner and applicant sign an Agreement to Conditions Imposed form. In a letter dated December 8, 2009 (Exhibit B), the long-term ground lease holder requested that Condition 1.4 of City Council Resolution 09-65 be modified to eliminate the requirement for the property owner to sign the Agreement and instead require the long-term ground lease holder, the long-term building lease holder, and the business owner to sign the Agreement. Subsequently, on December 22, 2009, the long-term ground lease holder for the land filed an application to amend Condition 1.4 of City Council Resolution No. 09-65. Business Owner/Original Applicant: Current Listed Property Owner: Manojkumar C. Nilkanth Huber G. Wilson (deceased) Traditions Restaurant c/o Old Town, Inc. 28244 Springvale Lane 3185 Moritz Dr. Castaic, CA 91384 Huntington Beach, CA 92649 Long Term Lease Holder (Land)/ Long Term Lease Holder (Building): Applicant for Amendment: Larry Smith, Old Town, Inc. Michael Pedicini, Pedkam 3185 Moritz Dr. 2187 Newcastle Avenue #100 Huntington Beach, CA 92649-1877 Cardiff by the Sea, CA 92007 Recommendation: That the City Council take one of the following actions: 1. Adopt Resolution No. 10-18, repealing Resolution No. 09-65 and approving Conditional Use Permit 09-023, subject to the amended conditions of approval; or, 2. Direct staff to prepare a resolution denying the request for an amendment to conditions of approval of City Council Resolution No. 09- 65. RESOLUTION NO. 10-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REPEALING CITY COUNCIL RESOLUTION NO. 09-65 AND APPROVING CONDITIONAL USE PERMIT 09-023 AUTHORIZING ON-SITE ALCOHOLIC BEVERAGE SALES IN CONJUNCTION WITH AN EXISTING RESTAURANT (TRADITIONS) LOCATED AT 14131 RED HILL AVENUE, SUBJECT TO THE AMENDED CONDITIONS OF APPROVAL. City Council/Redevelopment Agency/ February 2, 2010 Tustin Public Financing Authority Meeting Agenda Page 3 of 8 CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine 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 11) 2. 3 4 5 APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON JANUARY 19, 2010 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on January 19, 2010. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $2,010.25, $629,326.09, and $379,644.87, and Payroll in the amount of $715,025.60. PLANNING ACTION AGENDA -JANUARY 26, 2010 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. CONSIDERATION OF CLAIM OF ENTERPRISE RENT-A-CAR, CLAIM NO. 09-40 The Claimant alleges a Tustin Police Officer was involved in a traffic collision while driving one of their vehicles. Recommendation: That the City Council deny Claim Number 09-40, Enterprise Rent-A-Car, and direct Staff to send notice thereof to the Claimant. 6. APPROVAL OF AN AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH DOKKEN ENGINEERING FOR ADDITIONAL DESIGN SERVICES FOR THE NEWPORT AVENUE EXTENSION PROJECT -PHASE II CIP NO. 7131 The Amendment to the Consultant Services Agreement between the City and Dokken Engineering (Dokken) will provide additional Design Services for the Newport Avenue Extension Project-Phase II CIP No. 7131. Recommendation: It is recommended that the City Council approve the Amendment to the Consultant Services Agreement with Dokken Engineering to provide additional Design Services for the Newport Avenue Extension Project- City Council/Redevelopment Agency/ February 2, 2010 Tustin Public Financing Authority Meeting Agenda Page 4 of 8 Phase II CIP No. 7131, and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. 7 AWARD OF CONTRACT FOR THE JAMBOREE ROAD PAVEMENT REHABILITATION PROJECT CIP NO. 7194 Bids for the Jamboree Road Rehabilitation Project CIP No. 7194 have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder. Recommendation: It is recommended that the City Council award the construction contract for the Jamboree Road Pavement Rehabilitation Project CIP No. 7194 to R.J. Noble Company, the lowest responsive/responsible bidder, in the amount of $1,726,554.92; and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 8. AWARD OF CONTRACT FOR THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT CIP NO. 7001 AND THE ANNUAL SIDEWALK REPAIR PROJECT NO. 402-6235 Bids for the Annual Major Pavement Maintenance Project CIP No. 7001 and the Annual Sidewalk Repair Project No. 402-6235 have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder. Recommendation: It is recommended that the City Council award the construction contract for the Annual Major Pavement Maintenance Project CIP No. 7001 and the Annual Sidewalk Repair Project No. 402-6235 to PALP, Inc. DBA Excel. Paving Co., the lowest responsive/responsible bidder, in the amount of $1,016,733.00; and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 9. APPROVAL OF COOPERATIVE AGREEMENT NO. D09-115 WITH THE COUNTY OF ORANGE FOR THE NEWPORT AVENUE PAVEMENT REHABILITATION PROJECT AND ADOPTION OF RESOLUTION NO. 10-16 DECLARING A PORTION OF NEWPORT AVENUE LOCATED WITHIN THE CITY TO BE A COUNTY HIGHWAY FOR PURPOSES OF CONSTRUCTION In order for the County of Orange to proceed with its pavement rehabilitation project on Newport Avenue within the City of Tustin, Cooperative Agreement No. D09-115 must be approved and that portion of Newport Avenue be declared a County highway for purposes of construction. Recommendation: It is recommended that the City Council approve Cooperative Agreement No. D09-115 with the County of Orange for the Newport Avenue Pavement Rehabilitation Project and adopt Resolution No. 10-16, declaring southbound Newport Avenue from Wass Street to 1750 feet northerly within the City of Tustin to be a County highway for purposes of roadway improvements during the period of project construction, and authorize the Mayor and City Clerk City Council/Redevelopment Agency/ February 2, 2010 Tustin Public Financing Authority Meeting Agenda Page 5 of 8 to execute the documents on behalf of the City. RESOLUTION NO. 10-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING A PORTION OF NEWPORT AVENUE LOCATED WITHIN THE CITY OF TUSTIN TO BE A COUNTY OF ORANGE HIGHWAY DURING CONSTRUCTION OF ROADWAY IMPROVEMENTS BY THE COUNTY OF ORANGE 10 11 QUARTERLY INVESTMENT REPORT Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS Redevelopment Agency staff provides an update of redevelopment related projects to the Agency on a monthly basis. Recommendation: Receive and File. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 12 through 15) 12. ISSUANCE OF TAX ALLOCATION HOUSING BONDS BY THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Approval by the City of Tustin ("City"), Tustin Public Financing Authority ("TPFA") and Tustin Community Redevelopment Agency ("Agency") is requested to authorize the issuance and sale of Tax Allocation Housing Bonds ("Bonds") in an aggregate principal amount not to exceed $30 million to reimburse the City for certain costs and expenses the City has incurred relating to Agency affordable housing programs. Recommendation: 1. It is recommended that the Agency adopt RDA Resolution 10-05 authorizing the issuance and sale of the Bonds by the Agency to finance Low and Moderate Income Housing activities within the City of Tustin, approving the City Council/Redevelopment Agency/ February 2, 2010 Tustin Public Financing Authority Meeting Agenda Page 6 of 8 form of related documents and authorizing all actions necessary by the Agency's officers to consummate the issuance and sale of the Bonds. a. Indenture of Trust; b. Bond Purchase Agreement; and c. Preliminary Official Statement. 2. It is recommended that the City Council adopt City Council Resolution 10-22 approving the issuance and sale by the Tustin Community Redevelopment Agency of Tax Allocation Bonds to finance Low and Moderate Income Housing Activities within the boundaries of the City. 3. It is recommended that the TPFA adopt TPFA Resolution 10-01 authorizing the purchase and sale of the Bonds from the Agency for re-sale to the Underwriter approving all related documents and authorizing all actions necessary by the officers of the TPFA including but not limited to the execution of the Bond Purchase Agreement. RDA RESOLUTION NO. 10-05 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED ISSUANCE OF TAX ALLOCATION HOUSING BONDS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO RESOLUTION NO. 10-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ISSUANCE AND SALE BY THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF TAX ALLOCATION BONDS TO REFINANCE LOW AND MODERATE INCOME HOUSING ACTIVITIES WITHIN THE GEOGRAPHIC BOUNDARIES OF THE CITY TPFA RESOLUTION NO. 10-01 A RESOLUTION OF THE TUSTIN PUBLIC FINANCING AUTHORITY AUTHORIZING THE PURCHASE AND SALE OF TAX ALLOCATION BONDS OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY ISSUED TO REFINANCE LOW AND MODERATE INCOME HOUSING ACTIVITIES WITHIN THE GEOGRAPHIC BOUNDARIES OF THE CITY OF TUSTIN AND APPROVING RELATED DOCUMENTS AND ACTIONS 13. SET INTERVIEW DATE FOR COMMISSION SEATS: PLANNING COMMISSION, COMMUNITY SERVICES COMMISSION AND AUDIT COMMISSION Due to term expirations, staff is requesting that the City Council set a date and time to conduct interviews to fill vacancies on the Planning Commission, Community Services Commission, and the Audit Commission. City Council/Redevelopment Agency/ February 2, 2010 Tustin Public Financing Authority Meeting Agenda Page 7 of 8 Recommendation: Pleasure of the City Council. 14. CONSIDERATION OF PREFERENTIAL PERMIT PARKING ZONE SANDFIELD PLACE -BROWNING AVENUE TO FERNBROOK DRIVE A resident of Sandfield Place has made a written request to the Public Works Department for a Preferential Permit Parking Zone along Sandfield Place from Browning Avenue to Fernbrook Drive. Pursuant to the adopted Policy and Procedures for Preferential Permit Parking on Public Streets, a parking analysis/evaluation was conducted by the Department and is being carried forward to City Council for determination. Ultimately, the City Council may, at its sole discretion, review and approve or deny any application for Preferential Permit Parking in the interest of community benefit or public safety. Recommendation: Pleasure of the City Council. If approved, motion to introduce for first reading Ordinance 1363, amending Tustin City Code Subsection 5331 n regarding designation of zones for parking by permit only. ORDINANCE NO. 1363 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331 n REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY. 15. 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, February 16, 2010 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/Redevelopment Agency/ February 2, 2010 Tustin Public Financing Authority Meeting Agenda Page 8 of 8