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Home My WebLink About00 CC AGENDA 11-2-10CITY OF TUSTIN NOVEMBER 2, 2010 JOINT REGULAR MEETING OF THE ~ COUNCIL CHAMBER CITY COUNCIL, REDEVELOPMENT ~ _ - 300 CENTENNIAL WAY, TUSTIN AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY John Nielsen, Mayor Pro Tem David C. Biggs, 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 NOTICE OF SPECIAL MEETING AND AGENDA 4:30 P.M. ~~ ~~ CALL TO ORDER -Meeting #2250 ATTENDANCE PUBLIC INPUT - At this time members of the public may address the City Council regarding any items on the Special Meeting agenda. REGULAR BUSINESS ITEM INTERVIEW AND APPOINT MEMBERS TO THE PLANNING AND COMMUNITY SERVICES COMMISSIONS (CONTINUED FROM 10/5/10) The City Council will conduct interviews and appoint one (1) member to the Planning Commission and one (1) member to the Community Services Commission. The Planning Commissioner selected will serve until March 1, 2011 or until their respective successor is appointed and qualified. The Community Services Commissioner selected will serve until March 1, 2012 or until their respective successor is appointed and qualified. The City Clerk's Office received sixteen (16) applications for the Planning Commission and fifteen (15) applications for the Community Services Commission as follows: 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. Planning Commission Frank Frappier James Gandy Joseph Gehley Jelica Grujevski Erice Higuchi Kenneth Kim Kim Leason Paul Martin Bernard Miller Scott Monroe Fred Moore Larry Sample Paul S. Van Teslaar Paul G. Verellen Paul Wasserman Sandra Willey Recommendations: 1. Interview candidates; 2. Cast ballots to determine appointments; and 3. City Clerk to announce results. ADJOURNMENT Jacob B. Bach James Gandy Jelica Grujevski Jennifer Martin Bernard Miller Scott Monroe Adrian Dee Morton Amy Nakamoto James K. Palmer Sonja Powell Howie Subnick Walt Sullens Kenneth Swift Paul Wasserman Sandra Willey CLOSED SESSION MEETING 5:30 P.M. ~~ ~~ CALL TO ORDER -Meeting #2250 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 Community Services Commission City Council/Redevelopment Agency/Tustin November 2, 2010 Public Financing Authority Meeting Agenda Page 2 of 9 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)] -Two Cases C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code § 54956.8] -One Case Property Address/Description: Parcel Group E, Parcels I-E-3, I-E-2, and I-E-1; and Parcel Group J, Parcels IV-J-7 and IV-J-4 Agency: City of Tustin City/Agency Negotiator: Christine Shingleton, Assistant City Manager Negotiating Party: David Bugay, South Orange County Community College District PERFORMANCE BY THE TUSTIN HIGH SCHOOL BAND IN THE LIBRARY PLAZA 6:30 P.M. ~~ ~~ JOINT REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY MEETING 7:00 P.M. ~~ ~~ CALL TO ORDER -Meeting #2250 INVOCATION - Councilmember Gavello PLEDGE OF ALLEGIANCE - Adithya Nurdin, Drum Major from Tustin High School ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney Holland City Council/Redevelopment Agency/Tustin November 2, 2010 Public Financing Authority Meeting Agenda Page 3 of 9 PRESENTATIONS • Tustin High School Band • Orange County Fire Authority Reserve Firefighter Presentation (Battalion Chief Bryan Brice) • Proclamation of November 6 as Scouting for Food Day (Mark Senesac) 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. THE FOURTH FIVE-YEAR IMPLEMENTATION PLAN FOR THE TOWN CENTER AND SOUTH CENTRAL REDEVELOPMENT PROJECT AREAS FOR FISCAL YEARS 2010-2011 TO 2014-2015. A Joint Public Hearing had been scheduled for the City Council and the Redevelopment Agency to consider approval of the Tustin Community Redevelopment Agency's Fourth Five-Year Implementation Plan for the Town Center and South Central Redevelopment Project Areas for Fiscal Years 2010- 2011 to 2014-2015. Recommendation: That the City Council and Redevelopment Agency continue the Joint Public Hearing on this item to the next scheduled meeting on November 16, 2010. 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 14) 2. APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY COUNCIL, REDEVELOPMENT AGENCY, AND TUSTIN PUBLIC FINANCING AUTHORITY HELD ON OCTOBER 19, 2010 Recommendation: Approve the Action Minutes of the Regular Meeting of the City Council/Redevelopment Agency/Tustin November 2, 2010 Public Financing Authority Meeting Agenda Page 4 of 9 Joint City Council, Redevelopment Agency, and Tustin Public Financing Authority held on October 19, 2010. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $811,904.16 and $470,202.00 and Payroll in the amount of $692,153.41. 4. AUTHORIZE CITY CLERK TO PREPARE ACTION MINUTES FOR ALL TUSTIN PUBLIC FINANCING AUTHORITY MEETINGS The City Clerk's Office requests authorization to prepare Action Minutes of all Tustin Public Financing Authority (TPFA) meetings. Digital copies of the meetings may be duplicated for court proceedings or made available to the residents for a nominal fee to provide official discussion of items. The meetings are also televised and streamed on the City's website. Recommendation: Authorize the City Clerk's Office to prepare Action Minutes for all Tustin Public Financing Authority meetings. 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. CONSULTANT SERVICES AGREEMENT WITH JOHN BURNS REAL ESTATE CONSULTING FOR PROFESSIONAL CONSULTING SERVICES FOR THE TUSTIN LEGACY PROJECT Approval is requested for a Consultant Services Agreement (CSA) to provide professional 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: 1. Authorize the Executive Director or Assistant City Manager to execute the attached CSA with John Burns Real Estate Consulting subject to any City Council/Redevelopment Agency/Tustin November 2, 2010 Public Financing Authority Meeting Agenda Page 5 of 9 non-substantive modifications as may be deemed necessary by the City Attorney prior to execution of the Agreement. 2. Appropriate $29,400 from un-appropriated funds in the MCAS Tustin Redevelopment fund (555) to MCAS Tustin Redevelopment Account No. 555-35-00-6010. 8. CONSULTANT SERVICES AGREEMENT WITH VANDERMOST CONSULTING SERVICES, INC. FOR PROFESSIONAL CONSULTING SERVICES FOR THE TUSTIN LEGACY PROJECT Approval is requested for a Consultant Services Agreement (CSA) to provide professional services intended to assist the Agency in ensuring compliance with existing and future regulatory permit requirements affecting the Master Development footprint at Tustin Legacy. Recommendation: That the Tustin Community Redevelopment Agency: 1. Authorize the Executive Director or Assistant City Manager to execute the attached CSA with Vandermost Consulting Services, Inc. subject to any non-substantive modifications as may be deemed necessary by the City Attorney prior to execution of the Agreement. 2. Appropriate $20,000 from un-appropriated funds in the MCAS Tustin Redevelopment fund (555) to MCAS Tustin Redevelopment Account No. 555-35-00-6010. 9. CONSULTANT SERVICES AGREEMENT WITH THE CONCORD GROUP FOR PROFESSIONAL CONSULTING SERVICES FOR THE TUSTIN LEGACY PROJECT Approval is requested of a Consultant Services Agreement (CSA) with The Concord Group to provide services intended to assist the Agency in determining the market demand for non-residential uses in the future within the Tustin Legacy Project as part of the Agency's refinement and revision of the City's disposition and business strategy for the former Master Developer footprint. Recommendation: That the Tustin Community Redevelopment Agency: 1. Authorize the Executive Director or Assistant City Manager to execute the attached CSA with The Concord Group, subject to any non- substantive modifications as may be deemed necessary by the City Attorney prior to execution of the Agreements. 2. Appropriate $42,000 from un-appropriated funds in the MCAS Tustin Redevelopment fund (555) to MCAS Tustin Redevelopment Account No. 555-35-00-6010. 10. EXCLUSIVE AGREEMENT TO NEGOTIATE WITH R.D. OLSON DEVELOPMENT The City previously received several hotel developer proposals for the City Council/Redevelopment Agency/Tustin November 2, 2010 Public Financing Authority Meeting Agenda Page 6 of 9 disposition and development of a portion of property within the Tustin Pacific Center East and, upon review of the terms and proposed pricing of said proposals, the City Council directed staff to prepare an Exclusive Agreement to Negotiate with R.D. Olson Development. Recommendation: Subject to non-substantial modifications as may be determined necessary by the City Attorney prior to execution, approve and authorize the City Manager, or designee, to execute an Exclusive Agreement to Negotiate ("ENA") between the City of Tustin, and R.D. Olson Development, and to carry out all actions necessary to negotiate a Disposition and Development Agreement ("DDA"). 11. DATALUX MOBILE DATA COMPUTERS The Police Department recently replaced outdated Datalux Mobile Data Computers in all police vehicles. The older version mobile computers retain value to neighboring agencies not in a fiscal position to update their equipment. The City of La Habra Police Department has requested to purchase several of these computers to use as parts for their current system. Recommendation: 1. Authorize the sale of five Datalux Mobile Data Computers to the City of La Habra Police Department. 2. Authorize funds received from this sale be placed in the Equipment Replacement Fund #184-80-00-6426. 12. ADOPT RESOLUTION NO. 10-102 TO REALLOCATE SURPLUS STATE PROPOSITION 1 B FUNDS TO THE ANNUAL PAVEMENT MAINTENANCE PROJECT CIP NO. 70001 On May 6, 2008, the City Council adopted Resolution No. 08-29, amending the Capital Improvement Program (CIP) for Fiscal Year 2007-08 to recognize funding from State Proposition 1 B for the Jamboree Road Pavement Rehabilitation Project CIP No. 70194. The Jamboree Road Pavement Rehabilitation Project has now been completed. Adoption of Resolution No. 10- 102 will enable the City to reallocate surplus State Proposition 1 B funds from the Jamboree Road Project to this year's Annual Major Pavement Maintenance Project CIP No. 70001. Recommendation: That the City Council adopt Resolution No. 10-102 amending the Capital Improvement Program for Fiscal Year 2010-11 to reallocate surplus State Proposition 1 B funds from the Jamboree Road Pavement Rehabilitation Project CIP 70194 to the Annual Major Pavement Maintenance Project CIP No. 70001. RESOLUTION NO. 10-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING RESOLUTION NO. 10-67, City Council/Redevelopment Agency/Tustin November 2, 2010 Public Financing Authority Meeting Agenda Page 7 of 9 WHICH ADOPTED THE CITY OF TUSTIN'S BUDGET FOR FISCAL YEAR 2010-11, TO ADJUST THE CAPITAL IMPROVEMENT PROGRAM BUDGET TO REALLOCATE SURPLUS STATE PROPOSITION 1 B FUNDS FROM THE JAMBOREE ROAD PAVEMENT REHABILITATION PROJECT CIP 70194 TO THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY 10/11 CIP NO. 70001 13. APPROVE PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL WATER WELL MAINTENANCE AND REPAIRS Proposals were requested and received from qualified firms to maintain and repair the City's well and pump assemblies on an as-needed, on-call basis. Based upon a review of the proposals, Professional Services Agreements with General Pump Company and Layne Christensen Company are now ready for approval. Recommendation: That the City Council approve Professional Services Agreements with General Pump Company, and Layne Christensen Company, in anot-to-exceed amount of $150,000 for each agreement, and authorize the Mayor and City Clerk to execute the Agreements on behalf of the City. 14. APPROVAL OF AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR TUSTIN LEGACY BACKBONE INFRASTRUCTURE BETWEEN THE CITY AND HUNSAKER & ASSOCIATES Approval is requested of Amendment No.1 to a Consultant Services Agreement for Tustin Legacy backbone infrastructure between the City and Hunsaker & Associates to provide additional engineering services related to preparation of a final tract map for conveyance purposes, and to provide documentation of the existing conditions of the residential properties adjacent to Tustin Ranch Road between Edinger Avenue and Walnut Avenue. Recommendation: That the City Council: 1. Approve Amendment No. 1 to a Consultant Services Agreement for Tustin Legacy backbone infrastructure between the City and Hunsaker & Associates, and authorize the City Manager to execute the document on behalf of the City. 2. Appropriate $72,500 from the un-appropriated funds in the MCAS Tustin Community Redevelopment Fund (555) which will be transferred to the MCAS Tustin Community Redevelopment Project Account No. 555-35-00- 6010. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 15 through 16) City Council/Redevelopment Agency/Tustin Public Financing Authority Meeting Agenda November 2, 2010 Page 8 of 9 15. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. 16. REVIEW CORRESPONDENCE BETWEEN MARK ROSEN AND THE CITY ATTORNEY REGARDING RECENT COUNCIL ACTIONS REGARDING COMPENSATION AND BENEFITS FOR MEMBERS OF THE CITY COUNCIL Attached is a copy of a letter from Mark Rosen on behalf of Councilmember Gavello and the response of the City Attorney. Mayor Amante has requested that these items be placed on the Council agenda for review and consideration. This item was continued from the October 19, 2010 meeting. Recommendation: Provide direction to staff or the City Attorney as the Council deems appropriate. OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next regular meeting is scheduled for Tuesday, November 16, 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/Tustin November 2, 2010 Public Financing Authority Meeting Agenda Page 9 of 9