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HomeMy WebLinkAbout03 MINUTES 12-7-10Agenda Item 3 Reviewed City Manager ti'D~ Finance Director N/A MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY DECEMBER 7, 2010 CALL TO ORDER -Meeting #2252 at 7:00 p.m. PRESENT COLORS AND PLEDGE OF ALLEGIANCE -Explorer Honor Guard INVOCATION AND MENORAH LIGHTING -Councilmember Gavello and Brandon Levanthal 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: Pamela Stoker, City Clerk Others Present: David C. Biggs, City Manager, and Doug Holland, City Attorney EMERGENCY ITEM ADDED: Appointment of Orange County Fire Authority Director Motion: It was moved by Councilmember Davert and seconded by Councilmember Palmer to add item #20 to the agenda: Appointment of Orange County Fire Authority Director Motion carried 5-0 1. DECLARING RESULTS OF NOVEMBER 2, 2010 GENERAL MUNICIPAL ELECTION On November 2, 2010, the City's General Municipal Election was held to elect two Members of the City Council and to cast ballots regarding Measure X (Shall the office of the City Clerk be appointive?). The Orange County Registrar of Voters has certified the results of that election. City Council/Redevelopment Agency December 7, 2010 Minutes Page 1 of 12 Motion: It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to adopt Resolution No. 10-114 declaring the results and other such matters as provided by law for the November 2, 2010 General Municipal Election. Motion carried 5-0 RESOLUTION NO. 10-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010, AND OTHER SUCH MATTERS AS PROVIDED BY LAW 2011-2014 CITY COUNCIL • Oath of Office administered to AI Murray by City of Irvine Chief of Police David L. Maggard • Oath of Office administered to Rebecca "Beckie" Gomez McKeon by City Clerk Pamela Stoker; Former Mayor Tracy Worley Hagen in attendance 2. MAYOR AND MAYOR PRO TEM SELECTION Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray to nominate Jerry Amante as Mayor and close the nomination for position. Motion carried 4-1 (Councilmember Gavello dissenting) Mayor Amante presided over the meeting. Motion: It was moved by Mayor Amante and seconded by Councilmember Murray to elect John Nielsen as Mayor Pro Tem. Motion: It was moved by Councilmember Gomez and seconded by Councilmember Gavello to nominate Councilmember Gavello as Mayor Pro Tem. Motion to nominate John Nielsen as Mayor Pro Tem carried 3-2 (Councilmembers Gavello and Gomez dissenting) PUBLIC INPUT -None PUBLIC HEARING ITEM City Council/Redevelopment Agency December 7, 2010 Minutes Page 2 of 12 3. PUBLIC HEARING TO CONSIDER ISSUANCE BY CALIFORNIA MUNICIPAL FINANCING AUTHORITY OF CONDUIT FINANCING FOR RED HILL LUTHERAN CHURCH WITHIN THE CITY OF TUSTIN A presentation was given by Assistant City Manager Christine Shingleton A public hearing under the Tax and Equity Fiscal Responsibility Act ("TEFRA") has been noticed to consider a request by the California Municipal Finance Authority ("CMFA"), a joint exercise of powers authority and public entity of the State of California, to issue one or more series of refunding revenue bonds in an amount not to exceed $6,000,000, (the "Bonds" or "Loan Transaction"), for the purpose of refinancing the acquisition, renovation, improvement and equipping of educational facilities (the "Project") located on Red Hill Lutheran Church at its campus at 13200 Red Hill Avenue, also identified as Assessor Parcel Nos. 103- 472-14, 103-472-11 and 103-472-21 (the "Properties"). In order to permit CMFA to provide such financing within the City of Tustin corporate boundaries, a resolution is provided for approval for the City to become a member of the CMFA and to approve of the issuance of the Bonds for the financing of the Project by the CMFA. The public hearing opened at 7:22 p.m. The public hearing closed at 7:23 p.m. with no comments Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray for the City Council to: 1. Adopt Resolution No.10-111 authorizing the City Manager or his designee thereof to execute the Joint Exercise of Powers Agreement with the California Municipal Financing Authority. 2. Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the "Code"). 3. Adopt Resolution No. 10-110 approving the issuance of the Bonds and a Loan Transaction by the CMFA for the benefit of Red Hill Evangelical Lutheran Church of Tustin (the "Borrower"), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following), and authorizing the City Manager or his designee to execute any implementing documents or agreements as may be necessary Motion carried 5-0 City Council/Redevelopment Agency December 7, 2010 Minutes Page 3 of 12 RESOLUTION NO. 10-111 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY RESOLUTION NO. 10-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE ISSUANCE OF BONDS, OR EXECUTION OF A LOAN TRANSACTION, BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE BENEFIT OF RED HILL EVANGELICAL LUTHERAN CHURCH OF TUSTIN IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $6,000,000 FOR THE PURPOSE OF REFINANCING THE ACQUISITION, RENOVATION, IMPROVEMENT AND EQUIPPING OF EDUCATIONAL FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO CONSENT CALENDAR ITEMS (4-15) It was moved by Councilmember/Agencymember Gavello and seconded by Mayor Pro Tem/Chair Pro Tem Nielsen to pull consent calendar items 12 and 13 and to approve the balance of the consent calendar items as recommended by staff. Motion carried 5-0 4. APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY HELD ON NOVEMBER 16, 2010 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council, Redevelopment Agency, and Tustin Public Financing Authority held on November 16, 2010. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,089,986.12 and Payroll in the amounts of $695,946.46 and $730,695.90. 6. APPROVE LOCAL SIGNAL SYNCHRONIZATION PLAN AND ADOPT RESOLUTION NO. 10-104 In order to maintain eligibility for funding under the Orange County Measure M2 Program the City of Tustin must adopt a Local Signal Synchronization Plan (LSSP) by December 31, 2010. The attached LSSP has been prepared in conformance with the Orange County Transportation Authority's Regional Traffic Signal Synchronization Master Plan. City Council/Redevelopment Agency December 7, 2010 Minutes Page 4 of 12 Recommendation: That the City Council approve the Local Signal Synchronization Plan and adopt Resolution No. 10-104. RESOLUTION NO. 10-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONCERNING THE ADOPTION OF A LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE CITY OF TUSTIN 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR ROADWAY REHABILITATION AND SIDEWALK REPAIR FOR THE ANNUAL ROADWAY AND PUBLIC INFRASTRUCTURE MAINTENANCE PROGRAM CIP NO. 70001 The plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair for the Annual Roadway and Public Infrastructure Maintenance Program CIP No. 70001 have been prepared and the project is now ready to be bid. Recommendation: That the City Council adopt Resolution No. 10-109 approving the plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair for the Annual Roadway and Public Infrastructure Maintenance Program CIP No. 70001 and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 10-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70001, AND AUTHORIZING ADVERTISEMENT FOR BIDS 8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE TUSTIN RANCH ROAD REHABILITATION PROJECT CIP NO. 70195 The plans and specifications for the Tustin Ranch Road Rehabilitation Project CIP No. 70195 have been prepared and the project is now ready to be bid. Recommendation: That the City Council adopt Resolution No. 10-101 approving the plans and specifications for the Tustin Ranch Road Rehabilitation Project CIP No. 70195 and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 10-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN RANCH ROAD REHABILITATION PROJECT BETWEEN BRYAN AVENUE AND JAMBOREE ROAD CIP NO. 70195, AND AUTHORIZING ADVERTISEMENT FOR BIDS City Council/Redevelopment Agency December 7, 2010 Minutes Page 5 of 12 9. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION FOR THE RED HILL AVENUE PARKING BAY. AT PINE TREE PARK CIP NO. 20063 AND SAN JUAN STREET SIDEWALK IMPROVEMENTS CIP NO. 70198 Construction of the Red Hill Avenue Parking Bay at Pine Tree Park CIP No. 20063 and the San Juan Street Sidewalk Improvements CIP No. 70198 have been completed to the satisfaction of the City Engineer and are now ready for City Council acceptance. Recommendation: That the City Council take the following actions: 1. Adopt Resolution No. 10-112 accepting the construction of the Red Hill Avenue Parking Bay at Pine Tree Park CIP No. 20063 and the San Juan Street Sidewalk Improvements CIP No. 70198; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 10-112 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 THE RED HILL AVENUE PARKING BAY AT PINE TREE PARK CIP NO. 20063 AND THE SAN JUAN STREET SIDEWALK IMPROVEMENTS CIP NO. 70198 10. APPROVE AN AGREEMENT WITH THE COUNTY OF ORANGE FOR EMERGENCY MEDICAL SUPPLY AND MEDICATION POINT OF DISPENSING SITE PLANNING SERVICES The Orange County Health Care Agency is providing technical assistance and funding to cities to develop local operations plans for medical Point of Dispensing locations throughout the County in the event of an emergency or disaster. Staff is requesting City Council approval of an Agreement to authorize City participation in this program. Recommendation: Approve an Agreement with the County of Orange Health Care Agency to provide Point of Dispensing planning services to the City and authorize the Mayor and City Clerk to execute the Agreement. 11. DECLARATION OF SURPLUS PROPERTY The City has accumulated a quantity of obsolete and/or damaged computer and other equipment. The listed equipment is no longer usable or required for public use. City Council/Redevelopment Agency December 7, 2010 Minutes Page 6 of 12 Recommendation: 1. Declare the listed equipment surplus and not required for public use. 2. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. 12. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS Redevelopment Agency staff provides on a monthly basis an update of redevelopment related projects. Motion: It was moved by Councilmember Gavello and seconded by Councilmember Murray to receive and file. Motion carried 5-0 13. AGREEMENT WITH SO CAL SANDBAGS, INC TO PROVIDE PROPERTY MANAGEMENT/CARETAKER SERVICES ON A PORTION OF TUSTIN LEGACY Approval is requested of a Consultant Services Agreement for Property Management/Caretaker Services at Tustin Legacy. Motion: It was moved by Agencymember Murray and seconded by Agencymember Gomez that the Redevelopment Agency ("Agency"): 1. Approve a Property Management/Caretaker Consultant Services Agreement between So Cal Sandbags, Inc. and the Agency for the provision of 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. 2. In the event that the City Service Area needs to be reduced as a result of construction or property transfers during the term of the Consultant Services Agreement, the City Manager and/or Assistant City Manager are authorized to execute any Amendments to the Consultant Services Agreement as may be necessary to reduce any incurred costs to the Agency Motion carried 5-0 14. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS This report transmits two John Wayne Airport Noise Abatement Quarterly Reports for the first and second quarters of 2010. The average noise level City Council/Redevelopment Agency December 7, 2010 Minutes Page 7 of 12 measured at monitoring station NMS 10N, located at Columbus Tustin Middle School on Beneta Way, remained relatively constant during the first and second quarters. Average noise levels during both quarters remained below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: That the City Council receive and file this report. 15. RECORDS DESTRUCTION The Community Development Department has enlisted the services of ECS Imaging, Inc., a professional digital scanning service, to digitally scan planning project files. Staff performed quality control on the scanned files listed in Exhibit A and stored the files in the City's Laserfiche archive. The Community Development Department requests permission to destroy the paper copies of these files. The Community Development Department also requests permission to destroy the records listed in Exhibit A that are more than two (2) years old. Recommendation: Adopt Resolution No. 10-113, authorizing the scanning and electronic storage of project planning files and the destruction of paper copies listed on Exhibit A. RESOLUTION NO. 10-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND PAPERS IN THE POSSESSION OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF TUSTIN, PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE. REGULAR BUSINESS ITEMS (16-19) 16. NOTICE OF DEFAULT- AFFORDABLE HOME LOCATED AT 370 FLYERS LAN E A presentation was given by Assistant City Manager Christine Shingleton City Council direction is requested in order to cure a homeowner default under the City's Affordable Housing Program at Tustin Legacy. Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Gavello that the City Council: 1. At the City Council's pleasure, authorize the City Attorney to pursue the City's exercise of its right of redemption and/or option to purchase the City Council/Redevelopment Agency December 7, 2010 Minutes Page 8 of 12 unit at 370 Flyers Lane, prior to expiration of the statutory default period (January 5, 2011) or any foreclosure sale of the subject property (on or about January 25, 2010), and also authorize the City Manager or Assistant City Manager to execute any required documents, as may be necessary, to implement such action as recommended by the City Attorney. 2. Appropriate up to $145,000 from the MCAS Tustin un-appropriated Low and Moderate Income Housing Fund, as may be necessary, to exercise either the amount of any Option Purchase Price required under the Affordable Housing Covenant, Affordable Housing Option Agreement, or to exercise the City's right of redemption under the Reimbursement Agreement based on any direction from the City Council and the homeowner's response to the lender's Notice of Default and Election to Sell under the Deed of Trust. Motion carried 5-0 17. 2009-2010 ANNUAL REPORT Redevelopment Law requires that the Redevelopment Agency submit to the legislative body an annual report for the preceding fiscal year. A presentation was given by Assistant City Manager Christine Shingleton. Ms. Shingleton referred to minor changes which had been submitted to the Council for its review prior to the meeting but after the agenda had been posted. Motion: It was moved by Councilmember/Agencymember Gavello and seconded by Mayor Pro Tem/Chair Pro Tem Nielsen that the Redevelopment Agency receive and file its Annual Report for Fiscal Year ("FY") 2009-2010 and transmit such report to the Tustin City Council and that the City Council: 1. Receive and file the Redevelopment Agency's Annual Report for FY 2009-2010. 2. Direct that a copy of the Redevelopment Agency's Annual Report for FY 2009-2010 and all other required reporting documents and forms be executed in final form and filed with the City of Tustin, the State Controller and State Department of Housing and Community Development. Motion carried 5-0 18. SECOND READING AND ADOPTION OF OR[ ORDINANCES OF THE CITY OF TUSTIN VARIOUS BUILDING AND CONSTRUCTION AND APPENDICES City Council/Redevelopment Agency Minutes )INANCE NOS. 1386 AND 1387: ADOPTING BY REFERENCE CODES WITH AMENDMENTS December 7, 2010 Page 9 of 12 Effective January 2011, state law requires the California Building Standards Code to apply in all cities within California. However, the State of California's Health and Safety Code permits local governments to adopt the most recent editions of the model codes related to building construction activities with amendments based upon local climactic, geological or topographical conditions that exist within their communities. The building and construction codes include: California Building Code California Residential Code California Green Building Standards Code California Existing Building Code California Historical Building Code California Plumbing Code California Mechanical Code California Electrical Code California Fire Code The International Property Maintenance Code Uniform Housing Code Uniform Code for the Abatement of Dangerous Buildings City Council approval of Ordinance Nos. 1386 and 1387 would adopt the most recent editions of the State building and construction codes with applicable amendments affecting future construction within the City of Tustin as required by State law. Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray that the City Council have second reading by title only and adopt Ordinance Nos. 1386 and 1387 adopting the most recent editions of the State building and construction codes with applicable amendments affecting future construction within the City of Tustin as required by State law (roll call vote). Motion carried 5-0 ORDINANCE NO. 1386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING SPECIFIED CHAPTERS OF ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT THE 2010 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE AND RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS THERETO ORDINANCE NO. 1387 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF CHAPTER 1 OF ARTICLE 5 OF THE TUSTIN CITY CODE TO ADOPT THE 2010 CALIFORNIA FIRE CODE AS AMENDED THERETO. City Council/Redevelopment Agency December 7, 2010 Minutes Page 10 of 12 19. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. None. 20. APPOINTMENT OF ORANGE COUNTY FIRE AUTHORITY DIRECTOR Motion: It was moved by Councilmember Gomez and seconded by Councilmember Murray to approve the following appointments: Agency Member/Alternate Orange County Fire Authority Nielsen/Murray Motion carried 5-0 OTHER BUSINESS/COMMITTEE REPORTS City Manager • Invited all to Christmas Tree Lighting on Friday from 6:00-8:00 p.m. • Reminded that the December 21St Council meeting had been cancelled; January 4 will be the next meeting Councilmember Gavello • Wished all a Happy Hanukah and Merry Christmas • Congratulated AI Murray and Beckie Gomez • Ran the Dino Dash 5K • Attended Wilcox Manor 130t" year anniversary • Sponsored speaker at Tustin High School regarding safety and empowerment Councilmember Murray • Thanked Doug Davert and Jim Palmer for dedication and public service • Attended the Tustin Community Foundation Thanksgiving breakfast • Attended Enderle Center Santa Claus event • Attended the Tustin Family & Youth Center event where Tustin Police Department distributed Thanksgiving dinners • Thanked Jim Palmer for opportunity for him and daughter, Lily, to serve food at the Orange County Rescue Mission • Congratulated Chief Jordan and police department for Orange County Gang Unit award for 2010 • Thanked all for support; thanked God for blessings and prays for guidance • Thanked mom and dad who are looking down • Thanked wife, Tammy, and children and thanked them for their patience during campaign • Thanked Donna Marsh Peery for help as running mate • Congratulated Councilmember Gomez; looks forward to working with her City Council/Redevelopment Agency December 7, 2010 Minutes Page 11 of 12 • Thanked voters -Goal to represent to best of ability Councilmember Gomez • Congratulated Tustin MUN on a great conference • Attended Mayor's Thanksgiving breakfast • Congratulated Tustin High School for CIF championship game coming up as well as Beckman football • Thanked Doug Davert and Jim Palmer for service • Thanked family and soccer team mates that helped in campaign • Thanked husband Mayor Pro Tem Nielsen • Attended OCCOG environmental cleanup presentation • Attended OCFA report out • Mayor's prayer breakfast with Captain Dave Perry • Congratulated Michael Demoratz and Lindburgh McPherson for 130t" jubilee of Wilcox Manor • Attended AYSO presentations and congratulated participants • Thanked wife for 25 years of marriage • Congratulated AI Murray and Beckie Gomez on election and looks forward to working with them • Congratulated Doug Davert and Jim Palmer Mayor Amante • Congratulated Erin Nielsen, Executive Director, Tustin Community Foundation, for a great Mayor's Thanksgiving breakfast • Congratulated AYSO kids • Attended Harvest Moon Dinner by Boys &Girls Club • Thanked all former mayors who attended tonight's meeting • Congratulated Jim Palmer and Doug Davert for service; cumulatively gave 17 years of lives for service • Congratulated Beckie Gomez and AI Murray ADJOURNMENT - at 8:00 p.m. The next regular meeting is scheduled for Tuesday, January 4, 2011 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 December 7, 2010 Minutes Page 12 of 12