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Home My WebLink About00 CC AGENDA 4-6-10CITY OF TUSTIN JOINT REGULAR MEETING OF THE • CITY COUNCIL AND REDEVELOPMENT -d ~ ' AGENCY John Nielsen, Mayor Pro Tem Doug Davert, Councilmember Jim Palmer, Councilmember Jerry Amante, Mayor Deborah Gavello, Councilmember APRIL 6, 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. ~~ ~~ CALL TO ORDER -Meeting #2233 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. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] -Two Cases B. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] -One Case C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Government Code Section 54956.9(a)] One Case -Marble Mountain Partners, LLC v. City of Tustin et al., Orange County Superior Court Case No. 30-2008- .00116681 D. CONFERENCE WITH LABOR NEGOTIATOR [Government Code Section 54957.6] 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. Agency Negotiators: Emp lov ee Org anization: Em plov ee Org anization: Em ploy ee Org anization: Em plov ee Org anization: Em ploy ee Org anization: Em plov ee Org anization: Em plov ee Org anization: Em plo vee Org anization: Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Tustin Municipal Employees Association (TMEA) Tustin Police Officers Association (TPOA) Tustin Police Support Service Association (TPSSA) Tustin Police Management Association (TPMA) Part-Time Unrepresented Employees Unclassified Confidential Employees Management and Supervisory Executive Management JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. ~.~ ~,~ CALL TO ORDER -Meeting #2233 INVOCATION COLOR PRESENTATION AND PLEDGE OF ALLEGIANCE -American Legion ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland PRESENTATIONS • National Days of Remembrance • CR&R • Certificate of Recognition to Clara Honea, Seventieth Assembly District's Woman of the Year • Proclamation for Janice Hall, former Community Services Commissioner • MOMS of Orange County (Pamela Pimentel, RN & CEO) 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. City Council/Redevelopment Agency April 6, 2010 Meeting Agenda Page 2 of 7 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 1 through 12) 1. APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON MARCH 16, 2010 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on March 16, 2010. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $4,805,921.61, $920,094.58, $122,966.81, $5,099.88, $541,250.70 and $7,000.00 and Payroll in the amount of $671,973.14. 3. CONSIDERATION OF CLAIM OF FRED SALIBA, CLAIM NO. 09-32 The Claimant alleges that he has filed two police reports regarding threatening and harassing phone calls he has received from several acquaintances. The Tustin Police investigated the cases, but no arrests were made. Claimant is seeking restitution in the amount of $150,000 for what he believes to be a lack of response and violation of his civil rights by the Tustin Police. Recommendation: That the City Council deny Claim Number 09-32, Fred Saliba, and direct Staff to send notice thereof to the Claimant. 4. CONSIDERATION OF APPLICATION FOR LEAVE TO PRESENT LATE CLAIM OFALLIANCE UNITED INSURANCE/JULIO C. CHAVEZ, CLAIM NO. 10-01 The Claimant submitted a claim to the City on February 5, 2010 for auto property damage that occurred on June 12, 2009. On June 12, 2009 a City employee was involved in an auto accident that resulted in damage to the vehicle of Julio C. Chavez (insured by Alliance United Insurance). The original claim submitted on February 5, 2010 was presented beyond the applicable six- month statute of limitations, and as such was returned to the claimant as untimely. The claimant has now filed an application for leave to present late claim. Recommendation: That the City Council deny the Application for Leave to Present Late Claim Number 10-01, Alliance United Insurance/Julio C. Chavez, and direct Staff to send notice thereof to the Claimant. City Council/Redevelopment Agency April 6, 2010 Meeting Agenda Page 3 of 7 5. AGREEMENT FOR UTILITY COLLECTION SERVICES With the current economic situation, the City is experiencing a greater percentage of unpaid closed water accounts. Staff proposes contracting with Online Information Services Inc. (Online) to provide collection services for unpaid water accounts. Recommendation: That the City Council approve the Online agreement for Utility Collection Services. 6. PROMISSORY NOTE BETWEEN THE WATER ENTERPRISE FUND AND THE CAPITAL PROJECT FUND Authorize the Capital Project Fund purchase of a Promissory Note issued by the Water Enterprise Fund (Water Enterprise) to meet the 2003 Refunding Water Revenue Bonds rate covenant. Recommendation: That the City Council adopt Resolution No. 10-31 that (1) authorizes the Capital Project Fund purchase of a promissory note in the principal amount of $2,123,437 ("Promissory Note"); and (2) authorizes the execution of the Promissory Note by the Water Enterprise Fund (Water Enterprise) to meet the bond rate covenant. RESOLUTION NO. 10-31 A RESOLUTION OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CAPITAL PROJECT FUND'S INVESTMENT IN A PROMISSORY NOTE OF THE TUSTIN WATER ENTERPRISE FUND AND AUTHORIZING THE EXECUTION OF THE PROMISSORY NOTE BY THE WATER ENTERPRISE FUND 7.. POLICE DEPARTMENT'S CONTINUED PARTICIPATION IN THE ORANGE COUNTY AUTO THEFT TASK FORCE The current Memorandum of Agreement (MOA) amongst the various governmental agencies forming the Orange County Auto Theft Task Force (OCATT) expired in January 2010. The new MOA is necessary to grant the Police Department's continued participation in the program. The new MOA will be for an eight-year period, as set forth in California Vehicle Code section 9250.14 as amended by Assembly Bill 286. The Police Department has one police officer assigned to the program. Recommendation: That the City Council: • Approve the Police Department's continued participation in the Orange County Auto Theft Task Force (OCATT). • Authorize the Chief of Police to sign the Memorandum of Agreement (MOA) and all related documents. 8. AGREEMENT BETWEEN THE CITY OF TUSTIN AND PB&J AUTOMOTIVE, City Council/Redevelopment Agency April 6, 2010 Meeting Agenda Page 4 of 7 INC. ("TUSTIN MAZDA") 9 Approval is requested to enter into an Auto Dealership Agreement with PB&J Automotive, Inc. (Tustin Mazda) for rehabilitation improvements on property located at 28 Auto Center Drive, formerly occupied by Heritage Lincoln Mercury. The funding source for reimbursing these improvements will come from future excess sales tax revenues generated by Tustin Mazda. Recommendation: Authorize the City Manager and/or Assistant City Manager to execute the Auto Dealership Agreement between the City of Tustin and PB&J Automotive, Inc. (Tustin Mazda). ACCEPT THE TUSTIN LIBRARY EXPANSION PROJECT (CIP 1045) AND FILE A NOTICE OF COMPLETION Construction of the Tustin Library Project (CIP No. 1045) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: That City Council take the following actions: 1. Adopt Resolution No. 10-21 accepting the construction of the Tustin Library Project (CIP No. 1045); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 10-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR CONSTRUCTION OF THE TUSTIN LIBRARY PROJECT (CIP NO. 1045) 10 11 APPROVE AMENDMENT NO. 1 TO THE CONTRACT FOR SOLID WASTE SERVICES BETWEEN THE CITY AND CR&R, INC. CR&R, Inc. has requested that it be relieved of contract requirements to establish a local buyback center and to maintain a local office. In exchange, CR&R is offering to provide free Household Hazardous Waste collection services, distribute free yard mulch to residents and assume responsibility for mailing legal notices for annual solid waste rate adjustments. Staff is recommending that the City Council approve the contract amendment and authorize the Mayor and City Clerk to execute the amendment. Recommendation: That the City Council approve Amendment No. 1 to the solid waste contract between the City and CR&R, Inc. and authorize the Mayor and City Clerk to execute on behalf of the City. ACCEPT THE TUSTIN SENIOR CENTER ROOF HVAC UNIT REPLACEMENT (CIP NO. 1032) AND FILE A NOTICE OF COMPLETION City Council/Redevelopment Agency April 6, 2010 Meeting Agenda Page 5 of 7 Construction of the Tustin Senior Center Roof HVAC Unit Replacement (CIP No. 1032) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Center Roof HVAC Unit Replacement (CIP No. 1032); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. Recommendation: That City Council take the following actions: 1. Adopt Resolution No. 10-29 accepting the construction of the Tustin Senior RESOLUTION NO. 10-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR CONSTRUCTION THE TUSTIN SENIOR CENTER HVAC UNIT REPLACEMENT (CIP NO. 1032) 12 PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Each year the City Council authorizes the use of the City's annual disbursement of Assembly Bill (AB) 2766 funds to offset costs for state mandated vehicle emission reduction programs implemented by the City of Tustin. This year the City Council is being requested to allocate the Fiscal Year (FY) 2009/2010 AB 2766 funds to fund a portion of the cost of an alternative fuel street sweeper. cost of an alternative fuel street sweeper; 2. Authorize the City Manager to approve consistent with Air Quality Management 2009/2010 program year as needed; 3. Approve the supplemental appropriation Replacement Fund (Fund 84); and 4. Approve the supplemental appropriation Fund (Fund 03). Recommendation: That the City Council: 1. Authorize the use of City's AB 2766 disbursement to fund a portion of the additional AB 2766 expenditures, District guidance, throughout the of $176,000 from the Equipment of $169,000 from the SCAQMD REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 13-14) 13. SECOND READING OF ORDINANCE NO. 1367 -CODE AMENDMENT 10- 002, ZONING CODE UPDATE City Council/Redevelopment Agency April 6, 2010 Meeting Agenda Page 6 of 7 Code Amendment 10-002 (CA 10-002) proposes the incorporation of minor amendments to the Zoning Code (Article 9 Chapter 2) of the Tustin City Code (TCC). Specifically, the Code Amendment meets the following objectives: 1. Incorporate use determinations into the Zoning Code that have been previously determined by the Community Development Director and/or the Planning Commission to be similar to other permitted uses or conditionally permitted uses within various City zoning districts. 2. Provide accurate and updated information in the Zoning Code for both staff and the public as to which uses are permitted or conditionally permitted and the review process required for approval of such uses. 3. Integrate other minor amendments by clarifying and simplifying the Zoning Code text including grammatical and spelling changes, updating terminology, alphabetizing lists, and incorporating legal updates. Recommendation: Have second reading by title only and adoption of Ordinance No. 1367 (roll call vote). ORDINANCE N0. 1367 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ORDINANCE NO. 1367 (CODE AMENDMENT 10-002) TO AMEND ARTICLE 9 CHAPTER 2 OF THE TUSTIN CITY CODE TO INCORPORATE USES AND MINOR AMENDMENTS TO THE ZONING CODE 14. 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 is scheduled for Tuesday, April 20, 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 April 6, 2010 Meeting Agenda Page 7 of 7