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Home My WebLink About03 CC Action Agenda 11-2-10ITEM #3 ~'~~ O. ~V ~~, ,~~ ~; Ike ort to th '' = ~~' p e ~s~c Planning Commission DATE: NOVEMBER 9, 2010 SUBJECT: CITY COUNCIL ACTION AGENDA NOVEMBER 2, 2010 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS: CITY COUNCIL ACTION AGENDA NOVEMBER 2, 2010 ACTION AGENDA OF THE SPECIAL MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 CALL TO ORDER -Meeting #2250 at 4:33 p.m ATTENDANCE Present: Mayor Jerry Amante, Mayor Pro Tem John Nielsen, and Councilmembers Doug Davert, Jim Palmer and Deborah Gavello Absent: None City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: David C. Biggs, City Manager, and Doug Holland, City Attorney PUBLIC INPUT -None. 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 seventeen (17) applications for the Planning Commission and fifteen (15) applications for the Community Services Commission as follows: Planning Commission Applicants Frank Frappier - no show James Gandy Joseph Gehley Jelica Grujevski Eric Higuchi -interviewed 10/5/10 Kenneth Kim - no show Kim Leason Diana Lopez City Council Special Meeting November 2, 2010 Action Agenda Page 1 of 3 Paul Martin Bernard Miller Scott Monroe Fred Moore Larry Sample Paul S. Van Teslaar - no show Paul G. Verellen Paul Wasserman Sandra Willey -interviewed 10/5/10 Ballots were cast by Council to fill one seat on the Planning Commission, as follows: Amante: Moore Nielsen: Moore Davert: Moore Palmer: Sample Gavello: Wasserman City Clerk Services Supervisor Estrella reported the ballot tally as follows: Moore (3 votes); Sample (1 vote) and Wasserman (1 vote). Fred Moore was appointed Planning Commissioner by majority vote. Community Services Commission Jacob B. Bach James Gandy Jelica Grujevski Jennifer Martin -withdrew application Bernard Miller Scott Monroe Adrian Dee Morton Amy Nakamoto James K. Palmer Sonja Powell Howie Subnick Walt Sullens Kenneth Swift -interviewed 10/5/10 Paul Wasserman Sandra Willey amity ~ouncu 5peciai Meeting November 2, 2010 Action Agenda Page 2 of 3 Ballots were cast by Council to fill one seat on the Community Services Commission, as follows: Councilman Palmer left the Council Chamber during the interviews and vote as a relative was an applicant. Amante: Nakamoto Nielsen: Nakamoto Davert: Nakamoto Gavello: Wasserman City Clerk Services Supervisor Estrella reported the ballot tally as follows: Nakamoto (3 votes) and Wasserman (1 vote). Amy Nakamoto was appointed Community Services Commissioner by majority vote. ADJOURNED at 5:36 p.m. ~.uy ~,ouncu apeciai nneeung November 2, 2010 Action Agenda Page 3 of 3 ACTION AGENDA OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY NOVEMBER 2, 2010 CALL TO ORDER -Meeting #2250 at 5:42 p.m. ATTENDANCE Present: Mayor/Chair/Chairperson Jerry Amante, Mayor Pro Tem/Chair Pro Tem/Vice Chairman John Nielsen, and Councilmembers/Agencymembers/Directors Doug Davert, Jim Palmer and Deborah Gavello Absent: None City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: David C. Biggs, 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: 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 Agency: City/Agency Negotiator: Negotiating Party: 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 City of Tustin Christine Shingleton, Assistant City Manager David Bugay, South Orange County Community College District ADJOURNED at 5:43 p.m. City Council/Redevelopment Agency/Tustin November 2, 2010 Public Financing Authority Joint Meeting Action Agenda Page 1 of 9 PERFORMANCE BY THE TUSTIN HIGH SCHOOL BAND IN THE LIBRARY PLAZA - 6:30 P.M. RECONVENED at 7:00 p.m. JOINT REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY MEETING 7:00 P.M. CALL TO ORDER -Meeting #2250 at 7:00 p.m. INVOCATION - Councilmember Gavello PLEDGE OF ALLEGIANCE -Adithya Nurdin, Drum Major from Tustin High School ROLL CALL Present: Mayor/Chair/Chairperson Jerry Amante, Mayor Pro Tem/Chair Pro Tem/Vice Chairperson John Nielsen, and Councilmembers/ Agencymembers/Directors Doug Davert, Jim Palmer and Deborah Gavello Absent: None City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: David C. Biggs, City Manager; and Doug Holland, City Attorney CLOSED SESSION REPORT -City Attorney Holland No reportable action. PRESENTATIONS Tustin High School Band (Instrumental Music Director Michael Fisk) -Certificates presented to Certificates presented to Samantha Bean, Lucas Bowers, Sravya Chilukuri, Nick Clement, Jared Crawford, Elias Fuentes, Cody Harkey, Jeff Koch, Jorge Lavayen, Connor Lawrence, Tyler Levesque, Alejandro Llamas, William Londono, Joshua Lopez-Avalos, Michelle Luo, Chanice Marin, Calvin McKinzey, Tyler Meier, Bryan Meneses, Randy Meneses, Christina Nguyen, Patrick Nguyen, Brad Nickle, Josue Nunez, Adithya Nurdin, Hanson Oh, Sergio Ortiz, Tyler Poucher, Ana Ramon, Kathryn Reuter, Eddie Russek, Elizabeth Ruvalcaba, Jared Senesac, Jordan Serr, Edison Vilar, Sawyer Von Koerber, Terrance Whyte, Ryan Winters, Christopher Winters, and Nick Wright • Orange County Fire Authority Reserve Firefighter Presentation to Bruce Austin, City Council/Redevelopment Agency/Tustin November 2, 2010 Public Financing Authority Joint Meeting Action Agenda Page 2 of 9 Andrew Kusiak, and Kyle Tibbets by Battalion Chief Bryan Brice • Proclamation of November 6 as Scouting for Food Day (Mark Senesac) and various Boy and Girl Scouts; Paul Osgood (Second Harvest) ORAL COMMUNICATION/PUBLIC INPUT - • Charles Horvath spoke regarding a political flyer Mayor Amante reported that at the Special Meeting held at 4:30 p.m. Fred Moore was selected as Planning Commissioner and Amy Nakamoto as Community Services Commissioner. PUBLIC HEARING ITEM 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. The public hearing opened at 7:24 p.m. The public hearing closed at 7:24 with no comments Motion: It was moved by Councilmember/Agencymember Davert and seconded by Mayor Pro Tem/Chair Pro Tem John Nielsen for the City Council and Redevelopment Agency to continue the Joint Public Hearing on this item to the next scheduled meeting on November 16, 2010. Motion carried 5-0 CONSENT CALENDAR ITEMS (2-14) It was moved by Councilmember/Agencymember/Director Davert and seconded by Councilmember/Agencymember/Director Gavello to pull consent calendar items 2, 5, 10 and 13 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 ~.uy wuncnirceaeveiopment Hgencyi ~ ustin November 2, 2010 Public Financing Authority Joint Meeting Action Agenda Page 3 of 9 COUNCIL, REDEVELOPMENT AGENCY, AND TUSTIN PUBLIC FINANCING AUTHORITY HELD ON OCTOBER 19, 2010 Motion: It was moved by Councilmember/Agencymember/Director Davert and seconded by Mayor Pro Tem/Chair Pro Tem/Vice Chairman Nielsen to approve the Action Minutes of the Regular Meeting of the Joint City Council, Redevelopment Agency, and Tustin Public Financing Authority held on October 19, 2010. Motion carried 4-0-1 (Councilmember/Agencymember/Director Gavello abstained) 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. Motion: It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to receive and file. Motion carried 4-1 (Gavello dissenting) 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 City Council/Redevelopment Agency/Tustin November 2, 2010 Public Financing Authority Joint Meeting Action Agenda Page 4 of 9 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 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: City Council/Redevelopment Agency/Tustin November 2, 2010 Public Financing Authority Joint Meeting Action Agenda Page 5 of 9 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 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"). Assistant City Manager Shingleton clarified details in the ENA. Motion: It was moved by Councilmember/Agencymember Palmer and seconded by Councilmember/Agencymember Davert to approve the recommendation. Motion carried 4-1 (Councilmember/Agencymember Gavello dissenting) 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 City Council/Redevelopment Agency/Tustin November 2, 2010 Public Financing Authority Joint Meeting Action Agenda Page 6 of 9 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, 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. Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Davert to 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. Motion carried 5-0 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 City Council/Redevelopment Agency/Tustin November 2, 2010 Public Financing Authority Joint Meeting Action Agenda Page 7 of 9 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. RECESSED 7:49 p.m. RECONVENED 7:53 p.m. REGULAR BUSINESS ITEMS (15-16) 15. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. None. 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. Motion: It was moved by Councilmember Davert and seconded by Mayor Amante to send a letter to Councilmember Gavello and her attorney denying her claim. Motion carried 4-1 (Councilmember Gavello dissenting) amity ~ouncnirteoeveiopment Agency/Tustin November 2, 2010 Public Financing Authority Joint Meeting Action Agenda Page 8 of 9 OTHER BUSINESS/COMMITTEE REPORTS Councilmember Davert: • Announced that the Tustin Public Schools Foundation Dinosaur Dash will be held Sunday, November 7 • Invited all to attend the November 9 Magnolia Tree Park playground reopening • Attended Fountain Valley Mayor's Dinner; congratulated Mayor Crandall • Visited Encino waste treatment plant on behalf of Orange County Sanitation District and reported on process using new technology • Stated that the polls closed at 8:00 p.m. and congratulated council members yet to be elected Mayor Pro Tem Nielsen: • Reported on Newport Bay Executive Watershed Committee meeting • Announced that the Orange County Council of Governments appointed David Simpson, OCTA, as new executive director • Reminded the Doctors Ambulance and Tustin Community Foundation offering CPR class on November 6 • Informed regarding Mayor's Thanksgiving Breakfast to be held November 18 at the Salvation Army Tustin Ranch Church ADJOURNED at 8:15 p.m. -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. pity Council/Redevelopment Agency/Tustin November 2, 2010 Public Financing Authority Joint Meeting Action Agenda Page 9 of 9