HomeMy WebLinkAbout00 CC AGENDA 9-7-10.docx
CITY OF TUSTIN SEPTEMBER 7, 2010
JOINT REGULAR MEETING OF THE COUNCIL CHAMBER
CITY COUNCIL AND REDEVELOPMENT 300 CENTENNIAL WAY, TUSTIN
AGENCY
John Nielsen, Mayor Pro Tem William A. Huston, City Manager
Doug Davert, Councilmember Douglas Holland, City Attorney
Jim Palmer, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk
Deborah Gavello, Councilmember George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER
– Meeting #2245
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:
1. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] – Two Cases
2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION [Govt.
Code § 54956.9(c)] – Two Cases
3. LIABILITY CLAIMS pursuant to Government Code Section 54956.95
?
Consideration of Claim of David Casas, Claim No. 10-19
?
Consideration of Claim of Charity Balliger, Claim No. 10-13
?
Consideration of Claim of Nghiep Dao, Claim No. 10-08
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.
JOINT REGULAR CITY COUNCIL AND
REDEVELOPMENT AGENCY MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2245
INVOCATION
PLEDGE OF ALLEGIANCE
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 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)
1. TENTATIVE TRACT MAP 17342
Tentative Tract Map 17342 is a request to subdivide a 9.62-acre property
improved with five (5) office buildings, on-site parking, and landscape areas into
five (5) numbered lots, one (1) lettered lot, for a maximum of 115 office units for
condominium purposes. On July 27, 2010, the Planning Commission adopted
Resolution No. 4149, recommending that the City Council approve Tentative
Tract Map 17342.
Applicant: Greenlaw Partners, 4440 Von Karman Ave., Suite 150
Newport Beach, CA 92660
Project Site: 17772-17862 Seventeenth Street
Recommendation: That the City Council adopt Resolution No. 10-80 approving
Tentative Tract Map 17342.
City Council/Redevelopment Agency September 7, 2010
Meeting Agenda Page 2 of 11
RESOLUTION NO. 10-80
A RESOLUTION OF THE CITY COUNCIL APPROVING
TENTATIVE TRACT MAP (TTM) 17342 TO SUBDIVIDE AN
EXISTING 9.62-ACRE PROPERTY INTO FIVE (5) NUMBERED
LOTS, ONE (1) LETTERED LOT, FOR A MAXIMUM OF 115
OFFICE UNITS, FOR CONDOMINIUM PURPOSES FOR THE
PROPERTY LOCATED AT 17772 - 17862 SEVENTEENTH
STREET.
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 15)
2. APPROVAL OF MINUTES – REGULAR MEETING OF THE JOINT CITY
COUNCIL AND REDEVELOPMENT AGENCY HELD ON AUGUST 3, 2010
AND SPECIAL MEETINGS OF THE CITY COUNCIL HELD ON AUGUST 18,
2010 AND AUGUST 27, 2010
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on August 3, 2010 and
Action Minutes of the Special Meetings of the City Council held on August 18,
2010 and August 27, 2010
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $2,226,679.82,
$502,248.25, $1,575,409.65, $2,322,119.88, and $3,042,875.79; and Payroll in
the amounts of $670,253.95 and $692,073.91.
4. 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 programs.
Recommendation:
1. It is recommended that the City Council approve working Capital loan of
$4,650,000 to the South Central Project Area through August 31, 2011.
2. It is recommended that the Agency approve Working Capital loan of
City Council/Redevelopment Agency September 7, 2010
Meeting Agenda Page 3 of 11
$4,650,000 to the South Central Project Area through August 31, 2011.
3. Authorize the Mayor and the Chairperson of the Agency to execute the
attached agreement for fiscal year 2010-2011, offering and accepting a
loan and various services from the City to the Agency totaling
$6,885,200.
5. 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.
6. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS
Redevelopment Agency staff provides on a monthly basis an update of
redevelopment related projects.
Recommendation: Receive and file.
7. AGREEMENT WITH TOM BISTLINE CONSTRUCTION, INC. TO PROVIDE
INTERIM PROPERTY MANAGEMENT/CARETAKER SERVICES AT
PORTIONS OF TUSTIN LEGACY
Approval is requested of a Consultant Services Agreement for Interim Property
Management/Caretaker Services at Tustin Legacy.
Recommendation: That the Redevelopment Agency ("Agency") approve an
Interim Property Management/Caretaker Consultant Services Agreement
between Tom Bistline Construction, Inc. and the Agency for the provision of
interim property management/caretaker services on portions of property at
Tustin Legacy, subject to any non-substantive modifications as may be
determined necessary as recommended by the City Attorney and authorize the
City Manager and/or Assistant City Manager to execute the document.
8. CONSULTANT SERVICES AGREEMENTS WITH DEVELOPERS RESEARCH
AND SMS ARCHITECTS FOR PROFESSIONAL CONSULTING SERVICES
FOR THE TUSTIN LEGACY PROJECT
Approval is requested of two Consultant Services Agreements (CSAs) to
provide services intended to assist the Agency in refinement and revision of the
City's disposition and business strategy for the Master Developer footprint at
Tustin Legacy.
Recommendation: That the Tustin Community Redevelopment Agency:
City Council/Redevelopment Agency September 7, 2010
Meeting Agenda Page 4 of 11
1. Authorize the Executive Director or Assistant City Manager to execute
the attached CSAs with Developers Research and SMS, subject to any
non-substantive modifications as may be deemed necessary by the City
Attorney prior to execution of the Agreements.
2. Appropriate $150,000 from un-appropriated funds in the MCAS Tustin
Redevelopment fund (555) to MCAS Tustin Redevelopment Account No.
555-35-00-6010.
9. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES FOR TUSTIN LEGACY
BACKBONE INFRASTRUCTURE
Approval is requested of a Consultant Services Agreement (CSA) with
Hunsaker & Associates to provide engineering services to complete the
unfinished design and prepare final plans, specifications and costs estimates for
certain Tustin Legacy Backbone Infrastructure projects. The services are also
intended to assist the City in refinement and revision of the City's Disposition
Strategy and Business Plan for the area that was previously the Master
Developer Footprint at Tustin Legacy.
Recommendation: That the City Council:
1. Approve a Consultant Services Agreement (CSA) with Hunsaker &
Associates for the provision of certain design and consulting services,
subject to any non-substantive modifications as may be determined
necessary as recommended by the City Attorney, and authorize the City
Manager and/or Assistant City Manager to execute the document on
behalf of the City; and
2. Appropriate $125,800 from unappropriated funds in the MCAS Tustin
Redevelopment Fund (555) of which $25,000 shall be transferred to
MCAS Tustin Redevelopment Project Account No. 555-35-00-6010, and
$100,800 shall be transferred to the Capital Improvement Program Fund
to cover the Tustin Legacy Development Tasks (CIP No. 70203) in the
amount of $60,000, and the Valencia Avenue Improvement Project from
Kennsington Park Drive to Tustin Ranch Road (CIP No. 70204) in the
amount of $40,800.
10. APPROVE CONSULTANT SERVICES AGREEMENT FOR PROFESSIONAL
GEOTECHNICAL SERVICES FOR TUSTIN LEGACY BACKBONE
INFRASTRUCTURE
Approval of Consultant Services Agreement will provide for geotechnical design
services for completion of the unfinished design of certain Tustin Legacy
Backbone Infrastructure projects. Geotechnical design services are essential for
establishing design parameters and recommendations for site development,
grading, and construction.
City Council/Redevelopment Agency September 7, 2010
Meeting Agenda Page 5 of 11
Recommendation: That the City Council:
1. Approve a Consultant Services Agreement (CSA) with NMG
Geotechnical, Inc. for the provision of geotechnical design services for
Tustin Legacy, subject to any non-substantive modifications as may be
determined necessary as recommended by the City Attorney and
authorize the City Manager and/or Assistant City Manager to execute the
document on behalf of the City; and
2. Appropriate $26,400 from unappropriated funds in the MCAS Tustin
Redevelopment Fund (555) which shall be transferred to the Capital
Improvement Program Fund to cover geotechnical design services of the
Warner Avenue Improvements between Red Hill Avenue and Armstrong
Avenue (CIP No. 70202), Armstrong Avenue Improvements from Warner
Avenue to Barranca Parkway (70201), Barranca Parkway Improvements
from west of Tustin Ranch Road to east of Aston Street (CIP No. 70205),
and Valencia Avenue Improvements from Kensington Park Drive to
Tustin Ranch Road (CIP No. 70204).
11. APPROVE AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT
NO. C-9-0426 BETWEEN THE ORANGE COUNTY TRANSPORTATION
AUTHORITY AND THE CITY OF TUSTIN FOR GO LOCAL BUS/SHUTTLE
SERVICE PLANNING
The City and the Orange County Transportation Authority (OCTA) are currently
developing studies for adding shuttle service between the Tustin Metrolink
Station, Tustin Legacy and the Tustin Civic Center/Downtown as part of the Go
Local Step 2 Program. Amendment No. 1 to Cooperative Agreement No. C-9-
0426 authorizes an expansion of the studies to include new options to further
expand transit services within the City under the Renewed Measure M Project
V.
Recommendation: That the City Council:
1. Approve Amendment No. 1 to Cooperative Agreement No. C-9-0426
between the Orange County Transportation Authority and the City of
Tustin for Go Local Bus/Shuttle Service Planning; and
2. Authorize the Mayor and City Clerk to execute the document on behalf of
the City.
12. AWARD OF A CONSTRUCTION CONTRACT FOR THE COLUMBUS TUSTIN
GYMNASIUM ROOF REPLACEMENT, CIP No. 10065 /NON-FEDERAL
Staff is requesting that the City Council award the construction contract for the
Columbus Tustin Gymnasium Roof Replacement, CIP No. 10065/non-federal,
to the lowest responsive/responsible bidder.
Recommendation: That the City Council award the construction contract for the
City Council/Redevelopment Agency September 7, 2010
Meeting Agenda Page 6 of 11
Columbus Tustin Gymnasium Roof Replacement CIP No. 10065/non-federal to
the lowest responsive/responsible bidder, Chapman Coast Roof Company, Inc.
and authorize the Mayor and City Clerk to execute the contract documents on
behalf of the City.
13. ADOPT RESOLUTION NO. 10-83 GRANTING A PARCEL OF LAND TO THE
STATE OF CALIFORNIA PURSUANT TO COOPERATIVE AGREEMENT NO.
12-238 FOR THE NEWPORT AVENUE/SR-55 RAMP RECONFIGURATION
PROJECT, CIP NO. 70130
Adoption of the attached Resolution No. 10-83 will authorize the Mayor and City
Clerk to execute a Grant Deed on behalf of the City granting a parcel of land at
the site of the relocated northbound SR-55 on/off ramps to the State of
California. The Newport Avenue/SR-55 Ramp Reconfiguration Project CIP No.
70130 realigned Del Amo Avenue, constructed Newport Avenue between
Edinger Avenue and Valencia Avenue, and relocated the northbound on/off
ramp to SR-55 from Edinger Avenue to the present location between Edinger
Avenue and Valencia Avenue.
Recommendation: That the City Council adopt Resolution No. 10-83 granting a
parcel of land to the State of California for the relocated SR-55 northbound
on/off ramps and authorize the Mayor and City Clerk to execute the Grant Deed
on behalf of the City.
RESOLUTION NO. 10-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, GRANTING A PARCEL OF LAND TO
THE STATE OF CALIFORNIA IN CONJUNCTION WITH THE
NEWPORT AVENUE/SR-55 RAMP RECONFIGURATION
PROJECT CIP NO. 70130
14. AWARD OF CONTRACT FOR THE COLUMBUS TUSTIN GYMNASIUM
PHOTOVOLTLAIC (SOLAR) IMPROVEMENT, CIP No. 10065 /FEDERAL
Staff is requesting that the City Council award the construction contract for the
Columbus Tustin Gymnasium Photovoltaic (Solar) Improvement, CIP No.
10065/federal, to the lowest responsive/responsible bidder.
Recommendation: That the City Council award the construction contract for the
Columbus Tustin Gymnasium Photovoltaic (Solar), CIP No. 10065/federal, to
the lowest responsive/responsible bidder Stellar Solar and authorize the Mayor
and City Clerk to execute the contract documents on behalf of the City.
15. AMENDING THE CLASSIFICATION AND COMPENSATION PLANS TO
INCLUDE THE PROJECT CLASSIFICATION OF TUSTIN LEGACY
DEVELOPMENT SERVICES MANAGER
Adoption of the attached Resolution will amend the City's Classification Plan
and Compensation Plan to include a new project classification titled Tustin
City Council/Redevelopment Agency September 7, 2010
Meeting Agenda Page 7 of 11
Legacy Development Services Manager and authorize funding for the position.
Recommendation: That the City Council:
1. Adopt Resolution No. 10-90 amending the City's Classification and
Compensation Plans to include the new project classification of Tustin
Legacy Development Services Manager.
2. Authorize the appropriation of $120,000 from unappropriated funds in the
MCAS Tustin Redevelopment Fund (555) for the balance of Fiscal Year
2010-11 which shall be transferred to MCAS Tustin RDA account 555-
35-00-5000 through 5270, as applicable. In the event of future tax
exempt bond financing for infrastructure construction and management,
said bond proceeds shall be utilized, as may be authorized in the bond
measure, for the costs of the Tustin Legacy Development Services
Manager.
RESOLUTION NO. 10-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN AMENDING THE CLASSIFICATION AND
COMPENSATION PLANS TO INCLUDE THE CLASSIFICATION
OF TUSTIN LEGACY DEVELOPMENT SERVICES MANAGER
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 16 through 22)
16. SET INTERVIEW DATE FOR VACANCIES ON PLANNING AND COMMUNITY
SERVICES COMMISSIONS
Staff is requesting that the City Council set a date and time to conduct
interviews to fill unexpired terms on the Planning and Community Services
Commissions.
Recommendation: Pleasure of the City Council.
17. ADOPT RESOLUTION RDA NO. 10-07 DESIGNATING CONSULTANTS IN
CONNECTION WITH THE PROPOSED REFINANCING OF TOWN CENTER
PROJECT AREA TAX ALLOCATION BONDS
The Redevelopment Agency issued Tax Allocation Refunding Bonds in 1998
specifically for the Town Center Project Area and due to attractive interest rates
is considering refinancing the Tustin Community Redevelopment Agency (Town
Center Area Redevelopment Project) Tax Allocation Refunding Bonds, 1998
Series A. The RDA Resolution No. 10-07 designates consultants in connection
with the proposed refinancing of the Tax Allocation Refunding Bonds, 1998
Series A.
City Council/Redevelopment Agency September 7, 2010
Meeting Agenda Page 8 of 11
Recommendation: That the Board of Directors of the Redevelopment Agency
adopt RDA Resolution No. 10-07 designating consultants in connection with the
proposed refinancing of the Tustin Community Redevelopment Agency (Town
Center Area Redevelopment Project) Tax Allocation Refunding Bonds, 1998
Series A(1998 Bonds).
RDA RESOLUTION NO. 10-07
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE
COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH
THE PROPOSED ISSUANCE OF TAX ALLOCATION BONDS
RELATING TO THE AGENCY'S TOWN CENTER
REDEVELOPMENT PROJECT AREA, DESIGNATING
CONSULTANTS, AND AUTHORIZING AND DIRECTING
CERTAIN ACTIONS WITH RESPECT THERETO
18. ADOPT RDA RESOLUTION NO. 10-08 DESIGNATING CONSULTANTS IN
CONNECTION WITH THE PROPOSED ISSUANCE OF TAX ALLOCATION
BONDS RELATING TO THE AGENCY'S MCAS-TUSTIN REDEVELOPMENT
PROJECT AREA
To complete major backbone infrastructure for the Redevelopment Agency's
MCAS-Tustin Redevelopment Project Area the Agency is considering the
issuance of tax allocation bonds. The RDA Resolution No. 10-08 designates
consultants in connection with the proposed issuance of the tax allocation
bonds.
Recommendation: That the Board of Directors of the Redevelopment Agency
adopt RDA Resolution No. 10-08 designating consultants in connection with the
proposed issuance of tax allocation bonds (TABs) relating to the Agency's
MCAS-Tustin Redevelopment Project Area.
RDA RESOLUTION NO. 10-08
A RESOLUTION OF THE REDEVELOPMENT AGENCY FO THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH
THE PROPOSED ISSUANCE OF TAX ALLOCATION BONDS
RELATING TO THE AGENCY'S MCAS-TUSTIN
REDEVELOPMENT PROJECT AREA, DESIGNATING
CONSULTANTS, AND AUTHORIZING AND DIRECTING
CERTAIN ACTIONS WITH RESPECT THERETO
19. REVIEW THE PURCHASE OF IPAD TABLET COMPUTERS
At the City Council's August 3rd meeting, Council directed staff to review the
feasibility of a paperless option for the City Council.
Recommendation: Pleasure of the Council.
City Council/Redevelopment Agency September 7, 2010
Meeting Agenda Page 9 of 11
20. ORDINANCE NO. 1388 AND RESOLUTION 10-92 TRANSPARENCY IN CITY
GOVERNMENT
Ordinance No. 1388 proposes to add a new Tustin City Code Section 1211
regarding transparency in city government. In effect, the Ordinance would
require that certain public reports, forms, city documents, and financial
information identified in a City Council Resolution be made publically available
online, and that online links to the documents and information be centralized on
the City's web site.
Resolution 10-92 would implement Ordinance 1388 by establishing a
centralized "Transparency in City Government" webpage containing links to a
list of key public reports, forms, city documents, and financial information that
would be available for review online, 24 hours per day.
Recommendation:
1. Introduce and hold first reading of Ordinance No. 1388 (Attachment 1) by
title only.
2. Instruct staff to set Ordinance 1388 for a second reading at the City
Council's September, 21, 2010, meeting;
3. Instruct staff to return with Resolution 10-92 (Attachment 2) for adoption
at the September 21, 2010, meeting
ORDINANCE NO. 1388
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTION
1211 RELATING TO TRANSPARENCY IN CITY GOVERNMENT
WEB PAGE.
RESOLUTION NO. 10-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN REGARDING ENSURING TRANSPARENCY IN CITY
GOVERNMENT.
21. LEGISLATIVE REPORT - FUNDING REQUEST SUPPORT FOR JOINT
FORCES TRAINING BASE (JFTB) IN LOS ALAMITOS
Mayor Amante requested that the attached request from the City of Garden
Grove be agendized for discussion.
Recommendation: Pleasure of the Council.
22. CITY COUNCIL MEALS
Councilmember Gavello requested that the City Council discuss the policy
City Council/Redevelopment Agency September 7, 2010
Meeting Agenda Page 10 of 11
regarding meals provided at each Closed Session of the City Council.
OTHER BUSINESS/COMMITTEE REPORTS – City Manager, City Attorney, City Council
ADJOURNMENT – The next regular meeting is scheduled for Tuesday, September 21,
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 September 7, 2010
Meeting Agenda Page 11 of 11