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Home My WebLink About00 CC AGENDA 2-16-10CITY 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 Deborah Gavello, Councilmember FEBRUARY 16, 2010 COUNCIL':CHAMBER 300 CENTENNIAL WAY, TUSTIN William A. Huston, City Manager Douglas Holland, City Attorney Jerry Amante, Mayor Pamela Stoker, City Clerk George Jeffries, Ci#y Treasurer NOTICE OF SPECIAL MEETING & AGENDA 4:30 P.M. ~~ ~~ CALL TO ORDER ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Special Meeting agenda. BUSINESS ITEM INTERVIEW AND APPOINT MEMBERS TO THE PLANNING, COMMUNITY SERVICES AND AUDIT COMMISSIONS The City Council will conduct interviews and appoint two (2) members to the Planning Commission, two (2) members to the Community Services Commission, and two (2) members to the Audit Commission. The Planning Commissioners and Community Services Commissioners will serve until March 1, 2012 or until their respective successors are appointed and qualified. The Audit Commissioners will serve until March 1, 2014 or until their respective successors are appointed and qualified. Recommendations: 1. Interview candidates; 2. Cast ballots to determine appointments; and 3. City Clerk to announce results. ADJOURNMENT 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. CLOSED SESSION MEETING 5:30 P.M. ~~ ~~ CALL TO ORDER -Meeting #2230 ATTENDANCE PUBLIC INPUT -Members of the public may address 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 § 54956.9(b)] -Two Cases B. EXISTING LITIGATION [Govt. Code Section 54956.9(a)] -One Case • City of Newport Beach and City of Tustin v. City of Irvine et al., Case No. 30-2008-00228855-CU-WM-CXC, Orange County Superior Court JOINT REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY MEETING 7:00 P.M. ~~ ~~ CALL TO ORDER -Meeting #2230 INVOCATION - Councilmember Amante PLEDGE OF ALLEGIANCE -Councilmember Gavello ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland City Council/Redevelopment Agency/ February 16, 2010 Tustin Public Financing Authority Agenda Page 2 of 8 PRESENTATIONS Certificate presented by Mary Beth Griffin of Mothers Against Drunk Drivers (MADD) to Tustin Police Officer Ian Wise for numerous DUI arrests • Presentation by Poseidon Resources on the Huntington Beach Desalination Project ORAL COMMUNICATION /PUBLIC INPUT - At this time, any member of the public may address matters which are listed on this agenda or under the jurisdiction of the City Council/Redevelopment Agency/Tustin Public Financing Authority. If the item you wish to speak on is a public hearing item, you may wish to wait until that item is considered. PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action related to land use or fees. (Agenda Item 1) 1. COMMUNITY DEVELOPMENT BLOCK GRANT 2010-2015 CONSOLIDATED PLAN, SUBRECIPIENTS PERFORMANCE EVALUATION AND FUNDING REQUESTS FOR PROGRAM YEAR 2010-11, REALLOCATION OF UNEXPENDED FUNDS The Housing and Community Development Act of 1974, as amended, established the Community Development Block Grant (CDBG) program to return federal funds to local communities for the purpose of developing viable urban communities by providing decent housing, suitable living environments, and by expanding economic opportunities, specifically for low and moderate income persons. To participate in the CDBG program, the City is required to prepare a Consolidated Plan that identifies needs for affordable and supportive housing, community development, public services, and economic opportunities. The Consolidated Plan is required every five years. Annually, the City is also required to prepare aone-year Action Plan that implements the goals and objectives contained in the Consolidated Plan. Recommendation: That the City Council: 1. Consider and provide staff with direction on the 2010-2015 Consolidated Plan Priority Needs; 2. Consider and provide staff with direction on public service performance evaluations for continued funding; 3. Hold the first required public hearing to receive public input and testimony; and, 4. Set a second required public hearing on April 20, 2010 to finalize the 2010- 2015 Consolidated Plan update, Program Year 2010-11 funding allocation City Council/Redevelopment Agency/ February 16, 2010 Tustin Public Financing Authority Agenda Page 3 of 8 and the Program Year 2010-11 Action Plan. 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 10) 2. APPROVAL OF MINUTES -JOINT REGULAR MEETING OF THE CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY HELD ON FEBRUARY 2, 2010 Recommendation: Approve the Action Minutes of the Joint Regular Meeting of the Joint City Council, Redevelopment Agency and Tustin Public Financing Authority held on February 2, 2010. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $2,509,988.98, $15,030.72, $694,733.93, reversals in the amount of $948.14, and Payroll in the amount of $705,094.12. 4. PLANNING ACTION AGENDA -February 9, 2010 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. 5. ADOPT RESOLUTION NO. 10-23 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2010-2011 Resolution No. 10-23 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2010-2011. The purpose of the Engineer's Report is to set forth findings and the engineering analysis to levy assessments in the Tustin Landscape and Lighting District for the 2010-2011 Fiscal Year. Recommendation: That the City Council adopt Resolution No. 10-23 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2010-2011. RESOLUTION NO. 10-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF City Council/Redevelopment Agency/ February 16, 2010 Tustin Public Financing Authority Agenda Page 4 of 8 TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2010-2011 6. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES FOR SCADA SYSTEM UPGRADE FOR THE WATER SERVICES DIVISION Approval of Consultant Services Agreement will provide professional consulting services for upgrading the Water Services Division's Supervisory Control and Data Acquisition (SCADA) System. The current SCADA System was originally acquired in 1999. Many of the system's components including computers, programmable logic controllers and related equipment are now outdated and need to be brought to current standards. Recommendation: That the City Council approve the Consultant Services Agreement with Morrow-Meadows Corporation in the not to exceed amount of $101,513.00, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 7. APPROVAL OF FOURTH AMENDMENT AND FULL RESTATEMENT OF COOPERATIVE AGREEMENT D08-104 FOR THE NEWPORT BAY WATERSHED AND THE CENTRAL WATERSHED MANAGEMENT AREA At the August 19, 2009 Newport Bay Watershed Executive Committee meeting, the Committee approved amendments to Cooperative Agreement D08-104 for the purpose of providing a meaningful framework for cooperation of sediment., water quality, and water resource issues in the Central Watershed Management area. The agreement forms the partnership for member agencies to work together on issues in the watershed. The Cooperative Agreement is a standard form agreement, and has been approved by the Orange County Board of Supervisors and is now ready for approval by all the affected agencies. Recommendation: That the City Council approve the fourth amendment and full restatement of cooperative agreement D08-104 for the Newport Bay Watershed and the Central Watershed Management Area and authorize execution of the agreement by the Mayor and City Clerk on behalf of the City. 8. APPROVAL OF AN AGREEMENT BETWEEN CITY OF TUSTIN AND CITY OF IRVINE FOR THE DYER ROAD/BARRANCA PARKWAY/RED HILL AVENUE INTERSECTION IMPROVEMENT PROJECT Approval of an agreement between the City of Irvine and City of Tustin is necessary for Irvine's construction of the Dyer Road/Barranca Parkway/Red Hill Avenue Intersection Improvement Project. The subject agreement identifies the respective responsibilities of the two cities as it relates to the Project, particularly since a portion of the Project impacts Tustin's jurisdictional City Council/Redevelopment Agency/ February 16, 2010 Tustin Public Financing Authority Agenda Page 5 of 8 boundaries. 9 Recommendation: That the City Council approve the Agreement between the City of Tustin and the City of Irvine for the Dyer Road/Barranca Parkway/Red Hill Avenue Intersection Improvement Project, and authorize execution of the agreement by the Mayor and City Clerk on behalf of the City. DESTRUCTION OF RECORDS -POLICE DEPARTMENT Government Code Section 34090 and Resolution No. 01-91 permit destruction of records which meet certain criteria with the approval of the City Council by resolution and the written consent of the City Attorney. Recommendation: Adopt Resolution No. 10-17 authorizing the destruction of police records no longer required in possession of the Tustin Police Department. RESOLUTION NO. 10-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF THE TUSTIN POLICE DEPARTMENT THAT ARE NO LONGER REQUIRED FOR TUSTIN POLICE DEPARTMENT BUSINESS PURSUANT TO GOVERNMENT CODE SECTION 34090 AND THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE 10 AGREEMENT FOR SALES, USE AND TRANSACTIONS TAX AUDIT AND INFORMATION SERVICES Approve the agreement with Hinderliter, De Llamas and Associates (HDL) for sales, use and transactions tax audit and information services and adopt Resolution No. 10-25 authorizing examination of sales, use and transaction tax records. Recommendation: That the City Council: 1. Adopt Resolution No. 10-25 authorizing examination of sales, use and transaction tax records by HDL; 2. Approve agreement with HDL for sales, use and transactions tax audit and information services. RESOLUTION NO. 10-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING EXAMINATION OF SALES, USE AND TRANSACTIONS TAX RECORDS City Council/Redevelopment Agency/ February 16, 2010 Tustin Public Financing Authority Agenda Page 6 of 8 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 11 through 12) 11. 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 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: Have second reading by title only and adoption of Ordinance No. 1363 (roll call vote). 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 12. LEGISLATIVE REPORTS 1. OPPOSITION OF SB 518 In June, 2009, the City Council sent a letter to State Senators Alan S. Lowenthal and Loni Hancock, opposing State Senate Bill (SB) 518. SB 518 was amended further in January, 2010, incorporating changes to the requirements and programs it mandates. SB 518 would implement various thresholds that cities and/or counties would be required to meet in order to be eligible for consideration for various loans and grants for transportation related projects. In addition, SB 518 would require parking costs to be listed as a separate line item when a city or county enters into a lease on real property. This would ensure the actual cost of parking is fully covered. A violation of these provisions would be a crime, therefore this bill would impose a state-mandated local program. Attached is a draft letter expressing opposition of this bill due to the potential of taking the ability to set parking requirements away from local cities, the potential fiscal impact, and the imposition of another state- mandated local program. City Council/Redevelopment Agency/ February 16, 2010 Tustin Public Financing Authority Agenda Page 7 of 8 Recommendation: That the City Council direct staff to transmit the attached letter of opposition to the authors of the legislation and to the Governor if the bill is passed by the legislature. 2. ADOPTION OF RESOLUTION NO. 10-24 SUPPORTING THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010 In an effort to protect locally designated taxpayer funds, a coalition of local government transportation and transit advocates recently filed a constitutional amendment with the California Attorney General called the Local Taxpayer Public Safety and Transportation Protection Act of 2010 for potential placement on California November 2010 statewide ballot. Recommendation: Pleasure of the City Council. RESOLUTION NO. 10-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010 OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -Then next meeting is scheduled for Tuesday, March 2, 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 16, 2010 Tustin Public Financing Authority Agenda Page 8 of 8