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Home My WebLink About00 CC AGENDA 05-04-10CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY ~~` -+~"'' . John Nielsen, Mayor Pro Tem Doug Davert, Councilmember Jim Palmer, Councilmember Jerry Amante, Mayor Deborah Gavello, Councilmember MAY 4, 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 #2235 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 -EXISTING LITIGATION [Govt. Code § 54956.9(a)] -One Case • Tustin Unified School District v. City of Tustin et al., Case No. 30-2010- 00345476, Orange County Superior Court JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. NOTE: As required by Senate Bi11343, 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. ~~ ~~ CALL TO ORDER -Meeting #2235 INVOCATION -Mayor Pro Tem Nielsen COLOR PRESENTATION AND PLEDGE OF ALLEGIANCE -Miss Tustin 2010 and her Court and Miss Tustin 2009 ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland PRESENTATIONS • Miss Tustin 2010 and her court; Miss Tustin 2009 • 2-1-1 Orange County (Steve Lemler) 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. 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 6) 1. APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON APRIL 20, 2010 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on April 20, 2010. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $941,331.70, and $972,527.56 and Payroll in the amount of $654,293.08. City Council/Redevelopment Agency May 4, 2010 Meeting Agenda Page 2 of 6 3. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2010-2011 ASSESSMENTS At the February 16, 2010 meeting, the City Council ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report has now been completed and is ready for City Council approval. Additionally, it is requested that the City Council declare its intention to levy annual assessments and set a public hearing for June 1, 2010. Recommendation: It is recommended that the City Council adopt the following resolutions: 1. Resolution No. 10-38 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2010-2011; and 2. Resolution No. 10-39 declaring its intention to levy annual assessments for Fiscal Year 2010-2011 and setting a public hearing for June 1, 2010. RESOLUTION NO. 10-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2010-2011 RESOLUTION NO. 10-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2010-2011 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF 4. ACCEPT THE CITRUS RANCH PARK PROJECT (CIP NO. 2046) AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Citrus Ranch Park (CIP NO. 2046) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that City Council take the following City Council/Redevelopment Agency May 4, 2010 Meeting Agenda Page 3 of 6 actions: 1. Adopt Resolution No. 10-37 accepting the construction of the Citrus Ranch Park (CIP NO. 2046); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. 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 CITRUS RANCH PROJECT (CIP NO. 2046) 5. AUTHORIZE THE SOLICITATION OF BIDS FOR THE REPLACEMENT OF A STREET SWEEPER Supplemental appropriations have been approved by City Council to purchase an alternative fuel street sweeper. Staff is now prepared to solicit bids and is requesting authorization to advertise. Recommendation: It is recommended that the City Council authorize the solicitation of bids for an alternative fuel street sweeper and direct the City Clerk to advertise the request for bids. 6. 2009 HOMELAND SECURITY GRANT PROGRAM The Orange County Sheriff-Coroner Department, acting on behalf of the Orange County Operational Area, has applied for, received, and been authorized to begin the spending of 2009 Homeland Security Grant Program (HSGP) funds. The grant funds are intended to help the Operational Area prevent, respond to, and recover from acts of terrorism. Terms of the grant require that certain funds, property or equipment be transferred to jurisdictions within the operational area. The City of Tustin, as a part of the Operational Area, is entitled to participate in the grant. In order to be reimbursed for any future approved expenditures relating to the 2009 HSGP, a transfer agreement between the agencies needs to be established. Recommendation: It is recommended that the City Council: 1. Approve the 2009 HSGP Transfer Agreement between the County of Orange and the City of Tustin 2. Authorize the Chief of Police to sign any grant-related paperwork on behalf of the City City Council/Redevelopment Agency May 4, 2010 Meeting Agenda Page 4 of 6 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 7-9) 7. BACKGROUND RELATED TO THREE-FOOT LANDSCAPE REQUIREMENT - ORDINANCE NO. 1240 On March 16, 2010, the City Council directed staff to provide a history of the ordinance which requires athree-foot landscape buffer between residential properties and to provide examples of code enforcement cases. This direction originated when several residents expressed concern about receiving a Notice of Violation (NOV) of the Tustin City Code. The NOV's were issued for non- compliance with TCC section 9267(a)(3) which requires athree-foot wide landscape area between the driveway areas and the adjacent side property lines. Recommendation: Pleasure of the Council 8. CITY MANAGER RECRUITMENT The City Manager will be retiring as of July 17, 2010. Recommendation: That the City Council authorize the Director of Human Resources to solicit proposals from three firms specializing in public sector executive recruitment. It is also recommended that the City Council appoint two council members to serve as a committee to coordinate with the Director of Human Resources and the recruitment firm during the duration of the recruitment process. 9. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. 1. Senate Bill 942 (Dutton) Mayor Amante requested that Senate Bill 942 be agendized for discussion. Recommendation: Pleasure of the Council. OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council City Council/Redevelopment Agency May 4, 2010 Meeting Agenda Page 5 of 6 CLOSED SESSION Adjourn to closed session for • CONFERENCE WITH LABOR NEGOTIATOR [Govt. Code § 54957.6] Agency Negotiators: Em plo yee Org anization: Em ploy ee Org anization: Em ploy ee Org anization: Em ploy ee Org anization: Em ploy ee Org anization: Em ploy ee Org anization: Em ploy ee Org anization: Em ploy ee 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 ADJOURNMENT -The next regular meeting is scheduled for Tuesday, May 18, 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 May 4, 2010 Meeting Agenda Page 6 of 6