HomeMy WebLinkAboutCC Minutes 2010-08-03MINUTES
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
AUGUST 3, 2010
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER -Meeting #2242 at 5:31 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Doug Davert, Jim
Palmer and Deborah Gavello
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: William Huston, City Manager; and Doug Holland, City Attorney
PUBLIC INPUT -None.
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. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code
54956.8] -Three Cases
1. Property Address/Description
Agency:
City/Agency Negotiator:
Terms and conditions of potential sale for
an approximate 2.5 acre parcel north of
the SR-55 Ramp on the west side of
Newport Avenue (Parcel 2 of Preliminary
Newport Avenue Parcel Map) as
requested by Ayres Hotels;
City of Tustin
Christine Shingleton, Assistant City
Manager
City Council/Redevelopment Agency August 3, 2010
Minutes Page 1 of 10
Negotiating parties:
2. Property Address/Description
Agency:
City/Agency Negotiator:
Negotiating parties:
3. Property Address/Description
Agency:
Property Owners:
City Negotiator:
Negotiating parties:
RECESSED at 5:31 p.m.
Don Ayres, III, principal, Ayres Hotels
Terms and conditions of a potential sale
of an approximate 8 acre parcel largely
owned by the City (including potential Cal
Trans surplus property being conveyed to
the City) north of the SR-55 Ramp on the
west side of Newport Avenue (Parcel 2
and 3 of Preliminary Newport Avenue
Parcel Map) and state excess property on
the east side of the SR-55 Freeway) as
requested by the RD Olson Development
company.
City of Tustin
Christine Shingleton, Assistant City
Manager
Robert D. Olson, President
Terms and conditions of potential
purchase by City of a portion of Assessor
Parcel Nos. 432-491-34 or 2472 Walnut
Avenue; 432-71-24 or 2472 Chambers
Road, and 432-471-25 or 14471
Chambers Road.
City of Tustin
In order of parcel listings above -First
Baptist Church of Irvine, J. Carlise
Investments, LLC, and JBM Chambers
Investments Ownership
Doug Anderson, Public Works
In the order of parcel listings above -
David Power, Senior Pastor for First
Baptist; Jim Biriam representing J Carlise
Investments, LLC, and John Collins
representing JNB Chambers Investments
Ownership
RECONVENED - At 7:02 p.m. City Council reconvened in public session with the same
members present.
JOINT REGULAR CITY COUNCIL AND
REDEVELOPMENT AGENCY MEETING
7:00 P.M.
City Council/Redevelopment Agency August 3, 2010
Minutes Page 2 of 10
~~ ~
CALL TO ORDER -Meeting #2242 at 7:02 p.m.
INVOCATION - Councilmember Davert
PLEDGE OF ALLEGIANCE -Police Explorer Honor Guard
ROLL CALL -City Clerk Stoker
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Doug Davert, Jim
Palmer and Deborah Gavello
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: William Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT -City Attorney Holland
The City Council provided counsel instructions in regards to the matter involving the
initiation of litigation. The City Council also provided staff direction in regard to items 2 and
3 under the real property negotiations. Otherwise, the City Council did not take any
reportable action.
PRESENTATIONS
• A Certificate of Recognition presented by Planning Commissioner AI Murray to
Christian Garner, the property owner of 410 Pacific Street, for Outstanding Old
Town Property
• Proclamation celebrating Jim and Joan Kane - 50 years of marriage
• Certificate to recipient of 2010 Disneyland Resort Scholarship Program - Hayley
Yerkes presented by Quinn Shurian (Disney Ambassador)
ORAL COMMUNICATION /PUBLIC INPUT -
Edward Chizkov spoke regarding Tustin's motto and in opposition to Ordinance 1364.
PUBLIC HEARING ITEM
1. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF)
In 1996, AB 3229 established the Citizen's Option for Public Safety (COPS)
City Council/Redevelopment Agency August 3, 2010
Minutes Page 3 of 10
grant program. Proceeds from the program can only be used for front line law
enforcement services that may include the purchase of new equipment, hiring of
additional personnel and increasing the opportunity for training of safety
personnel. This year, we have been notified that the Police Department is
estimated to receive $100,000 in SLESF funding. The allocation for
SLESF/COPS grant funds for all law enforcement agencies is being coordinated
through the Orange County Sheriffs Department. All agencies have been
directed to move forward with expenditure authorization while waiting for the
final grant amounts to be determined.
The Police Department is proposing that this year's allocation be used to staff
the Crime Analyst position for a fifth consecutive year. Money remaining after
funding this position, if any, will be applied to crime analysis software licensing
and upgrades. This bill requires both a public hearing and a special fund
established for these monies.
Public hearing opening at 7:21 p.m.
Public hearing closed at 7:21 p.m. with no public input
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro
Tem Nielsen to approve the recommendation.
Motion carried 5-0
CONSENT CALENDAR ITEMS - It was moved by Councilmember/Agencymember
Davert and seconded by Councilmember/Agencymember Palmer to pull consent items 2,
4, 8 and 9 and to approve the balance of the consent calendar items as recommended by
staff.
Motion carried 5-0
2. APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY
COUNCIL AND REDEVELOPMENT AGENCY HELD ON JULY 20, 2010
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Palmer to approve the Action Minutes of the Regular Meeting of
the Joint City Council and Redevelopment Agency held on July 20, 2010.
Motion carried 5-0
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $174,068.62,
$166,878.58, $418,141.00, $869,264.13; Reversals in the amount of
$166,878.58; and Payroll in the amount of $734,938.49.
City CounciURedevelopment Agency August 3, 2010
Minutes Page 4 of 10
4. SOLID WASTE PROGRAM MID-YEAR STATUS REPORT
This report provides amid-year summary of various elements of the City's solid
waste program. All program elements are achieving positive results at this time
~ and no action is required by the City Council.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Gavello to receive and file.
Motion carried 5-0
5. ADOPT RESOLUTION NO. 10-75 APPROVING LOT LINE ADJUSTMENT NO.
2010-01
A lot line adjustment to merge two parcels is required to facilitate the renovation
of Roma D Italia Restaurant located at 611 EI Camino Real. The proposed lot
line adjustment application has been submitted by Christina Corea-Rossetti and
Louie T. Corea, Co-Trustees of the Dominic Corea and Anna Livia Corea Trust.
Recommendation: That the City Council adopt Resolution No. 10-75 approving
Lot Line Adjustment No. 2010-01.
RESOLUTION NO. 10-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT
NO. 2010-01
6. AUTHORIZATION TO PURCHASE VEHICLES FOR FISCAL YEAR 2010/11
AND DECLARATION OF SURPLUS EQUIPMENT FOR PUBLIC AUCTION
Staff is requesting City Council authorization to purchase two one ton trucks and
one pickup truck for use by the Public Works Department. In addition, the City
Council is requested to declare city certain equipment surplus in accordance
with Section 1626a (2) of the Tustin City Code and authorize their sale at public
auction.
Recommendation: That the City Council:
Adopt Resolution No. 10-78 authorizing the General Services Department of the
State of California to purchase two (2) one-ton dual rear wheel cab/chassis, one
(1) one-ton rear wheel cab/chassis and one (1) half-ton crew cab pickup to
Coalinga Motors, Coalinga, CA. in the amount of $97,456.99;
Authorize the Public Works Department to reuse, purchase and install the
accessories from various vendors, in the amount of $21,482.09;
Declare, in accordance with the Tustin City Code Section 1626a (2), that Unit #
7010 (Vin #1 GTCS19X4TK530459, 1996 GMC Sonoma, Valued @ $1,000) and
Unit # 5620 (Vin #3B6MC36W51 M585196, 2001 Dodge Truck, Valued @ $800)
as surplus and not required for public use; and
Authorize the Public Works Department to sell the equipment listed above at the
City Council/Redevelopment Agency August 3, 2010
Minutes Page 5 of 10
next available public auction and credit net proceeds to applicable City Revenue
fund.
RESOLUTION NO. 10-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA AUTHORIZING THE DEPARTMENT OF
GENERAL SERVICES OF THE STATE OF CALIFORNIA TO
PURCHASE CERTAIN ITEMS
7. RELEASE MONUMENTATION BOND FOR TRACT MAP 12870 ADDENDUM 2
The monuments associated with the tract map have been set, inspected, and
verified as complete. The Public Works Department is now recommending
release of the Monumentation Bond.
Recommendation: That the City Council authorize the release of
Monumentation Bond No. 08 20 58, in the amount of $6,000.
8. APPROVE THIRD AMENDMENT AND FULL RESTATEMENT OF
AGREEMENT NO. D99-128 FOR THE SAN DIEGO CREEK AND NEWPORT
BAY WATERSHED NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL
MAXIMUM DAILY LOAD (TMDL) PROGRAM
The Third Amendment and Full Restatement of Agreement No. D99-128
(Agreement) provides for the funding cost share allocations for the purpose of
funding and performing studies, research, monitoring and the development and
implementation of programs related to the adopted TMDLs for nutrients, fecal
coliform and toxics in the San Diego Creek and Newport Bay watersheds. The
adopted TMDLs contain requirements to attain TMDL reduction targets over a
multi-year period. If approved, the term of this Agreement shall continue until
June 30, 2012.
Recommendation: That the City Council approve the Third Amendment and
Full Restatement of Agreement No. D99-128, "Agreement to Fund Nutrient,
Fecal coliform, and Toxics Total Maximum Daily Loads (TMDL) Studies in the
Newport Bay Watershed" and authorize the Mayor and City Clerk to execute the
agreement on behalf of the City.
Motion: It was moved by Councilmember Davert and seconded by Mayor
Amante to approve the recommendation.
Motion carried 5-0
9. APPROVE CONSULTANT SERVICES AGREEMENT FOR CONSTRUCTION
MANAGEMENT SERVICES FOR THE RAWLINGS RESERVOIR
REPLACEMENT PROJECT CIP No. 60136
Approval of the subject Consultant Services Agreement (CSA) will enable the
City to move forward with construction management services for the Rawlings
City Council/Redevelopment Agency August 3, 2010
Minutes Page 6 of 10
Reservoir Project, CIP No. 60136, on a
initiated by specific task order. This
management services to be controlled
becomes available.
phased approach. Each phase will be
approach will allow the construction
and phased in over time as funding
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro
Tem Nielsen to approve the Consultant Services Agreement (CSA) with Butier
Engineering, Incorporated for construction management services for the
Rawlings Reservoir Replacement Project CIP No. 60136 and authorize the
Mayor and City Clerk to execute the Agreement on behalf of the City, subject to
approval as to form by the City Attorney.
Motion carried 5-0
10. APPROVE CONSULTANT SERVICES AGREEMENT FOR PROFESSIONAL
CONSULTING AND ENGINEERING SERVICES FOR TUSTIN LEGACY
Approval is requested of a Consultant Services Agreement (CSA) 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
what was the Master Developer Footprint at Tustin Legacy.
Recommendation: That the City Council approve a Consultant Services
Agreement (CSA) with RBF Consulting 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 after
close of escrow with Tustin Legacy Community Partners, LLC (TLCP). As noted
under Fiscal Impact, services would be charged to the applicable CIP project
account.
REGULAR BUSINESS ITEMS
11. CITY DOCUMENTS ON WEBSITE
Councilmember Palmer requested that the City Council discuss the types and
location of City documents on the City's website.
The City's website includes a large number of documents, most of which can be
accessed by navigating to a specific city department. For example, the City's
salary resolutions can be reviewed by accessing the Human Resources
Department listed on the website's homepage.
Councilmember Palmer wants to discuss which City documents should be
combined into one location, thereby allowing documents to be more easily
visible and accessible to the public.
City Council/Redevelopment Agency August 3, 2010
Minutes Page 7 of 10
Staff was given direction to return to the City Council with recommended
changes to the City's website and implementation schedule.
12. CITY COUNCIL AGENDA MATERIAL - PAPERLESS OPTION
The City Clerk's Office has been reducing the number of City Council agenda
packets that are printed. The agenda material for City Council meetings is
included on the city's website. Reducing the number of agenda books prepared
for each meeting reduces labor and paper costs.
The City Clerk's Office has contacted other public agencies that have converted
to paperless options. The conclusion of each agency is cost savings can be
achieved.
The City Council, if so desired, could receive its agenda material in an electronic
format. At City Council's direction, staff can return at a later date with options
and costs to eliminate use of paper for the City's Council agenda material.
Staff was given direction to prepare recommendations and cost estimates to
implement a paperless option for Council agenda packets.
13. SCHEDULING OF A PUBLIC HEARING T
CALIFORNIA STATEWIDE COMMUNITIES
BONDS WITHIN THE CITY OF TUSTIN
O CONSIDER ISSUANCE BY THE
DEVELOPMENT AUTHORITY OF
The California Statewide Communities Development Authority (CSCDA) has
requested that the City Council hold a public hearing to consider the issuance
by CSCDA of tax exempt multi-family housing revenue bonds for purposes of
financing the acquisition and construction of the Coventry Court project.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Davert to conduct a special meeting on August 18, 2010 at 5:00
p.m.
Motion carried 4-1 (Councilmember Gavello dissenting)
14. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
• UPDATE - AB 32 AND SB 375 IMPLEMENTATION
Assembly Bill (AB) No. 32, the Global Warming Solutions Act of 2006,
addresses climate change and global warming resulting from the release
of greenhouse gas (GHG) emissions into the atmosphere. A key goal of
AB 32 is a reduction in the state's GHG emissions to 1990 levels by `
City Council/Redevelopment Agency August 3, 2010
Minutes Page 8 of 10
2020. Senate Bill (SB) No. 375 seeks to achieve this goal in the
automobile and light truck sectors by providing for regionally based GHG
reduction targets achieved through integrated transportation, land use,
and housing planning designed to reduce vehicle miles travelled. This
report provides an overview and update to the Council on the
implementation of AB 32 and SB 375.
This item was tabled until a future date.
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
Councilmember Gavello:
• Requested staff to provide a report on the cost of the City's phone bills
• Requested to agendize for discussion the cost of Council's meals
• Enjoyed the Concerts in the Park
Councilmember Davert:
• Mentioned that he is attending the Concerts in the Park on Wednesday, August 4th
• Encouraged citizens to participate in the 2010 Election which will have two Council
seats available
• Mentioned that the Tustin Unified School District also has two seats available
• Mentioned the Orange County Fire Authority has elected new Chair Neil Blais and
Vice Chair Mark Tettemer
• Wished everyone a nice summer
• Congratulated Chief Bryan Brice for his new position as Battalion Chief
Councilmember Palmer:
• Clarified that the August 18th special meeting is scheduled to begin at 5:00 p.m.
• Mentioned that he was elected as Vice Chair for the Orange County Housing
Authority
• Shared condolences for Brian and Sharon Probolsky for the loss of their son, Evan
Mayor Pro Tem Nielsen:
• Shared the City's involvement in keeping the school children safe by elaborating on
the current enhancements to street crosswalks
Mayor Amante:
• Reported on the joint meeting of the Orange County Transportation Authority and
the Transportation Corridor Authority
• Praised the Police Department for its efforts in participating in "National Night Out"
City Council/Redevelopment Agency August 3, 2010
Minutes Page 9 of 10
ADJOURNED at 8:19 p.m. to a special meeting at 5:00 p.m. on August 18.
PAMELA STOK ~ -
City Clerk
City Council/Redevelopment Agency August 3, 2010
Minutes Page 10 of 10