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Home My WebLink AboutCC MINUTES 2011-01-04MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY JANUARY 4, 2011 CALL TO ORDER -Meeting #2253 at 5:32 p.m. ATTENDANCE Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers Rebecca "Beckie" Gomez and AI Murray Absent: Councilmember/Agencymember Deborah Gavello 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 Price and Terms of Payment regarding a potential land exchange between the City of Tustin ("City") and South Orange County Community College District ("SOCCCD"), collectively the parties, of certain property owned by the City (Parcel 1-K-2 and a portion of Parcel I-E-2.1) for property owned by SOCCCD (Parcel I-E- 3) and a portion of Parcel IV-J-4 currently leased by SOCCCD from the City, and accommodation of adequate land area by City Council/Redevelopment Agency January 4, 2011 Minutes Page 1 of 8 Agency: Agency/City Negotiator: Negotiating Parties: RECESSED AT 5:33 p.m. RECONVENED AT 7:01 p.m. the parties for a future Bell Avenue Extension between Red Hill Avenue and Armstrong Avenue including a portion of Parcel I-E-2.1 owned by the City and dedication by SOCCCD of a portion of Parcel I-E-1.1 currently owned by the SOCCCD and a portion of Parcel IV-J-6 current leased by SOCCCD from the City. City of Tustin Christine Shingleton, Assistant City Manager, and David Biggs, City Manager, as necessary David Bugay, Vice Chancellor and Gary Poertner, Chancellor of the SOCCCD JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. ~~ ~~ CALL TO ORDER -Meeting #2253 at 7:01 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE - American Legion ROLL CALL -City Clerk Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers Rebecca "Beckie" Gomez and AI Murray Absent: Councilmember/Agencymember Deborah Gavello City Clerk: Pamela Stoker Others Present: David C. Biggs, City Manager, and Doug Holland, City Attorney CLOSED SESSION REPORT -City Attorney Holland Council provided direction to staff in regard to item C on the closed session agenda. Other than that, no reportable action was taken. PRESENTATIONS City Council/Redevelopment Agency January 4, 2011 Minutes Page 2 of 8 • Certificates of Achievement -Boys State Delegates Robert Solby, Beckman High School, and Joshua Giglio, Foothill High School Jordan Gonzales presented certificates on behalf of Assemblyman Jeff Miller • Orange County Human Relations (Dr. Geurpreet Ahuja) ORAL COMMUNICATION/PUBLIC INPUT -None. PUBLIC HEARING ITEMS 1-2 1. 2. PARKING CITATION SURCHARGE The State of California, pursuant t parking citation surcharge, effective additional $3.00. The last Courtho~ imposed in 2009. Including other fee of $12.50 per paid parking citation Treasurer. ~ Senate Bill 857, has imposed another December 06, 2010. The new fee is an >e Construction surcharge of $4.50 was assessed by the State, the total amount will be collected monthly by the County An oral presentation was given by Chief Scott Jordan The public hearing opened at 7:19 p.m. The public hearing closed at 7:19 p.m. with no comments Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray to approve a parking one increase of $3.00 on all Tustin City Code parking violations as a State Pass-Through Fee, effective immediately. Motion carried 4-0-1 (Councilmember Gavello absent) AMENDMENT TO TENTATIVE TRACT MAP 17144 Amendment to Tentative Tract Map (TTM) 17144 is a request to subdivide a 131-acre site into 12 numbered lots and 28 lettered lots for conveyance purposes only. Future development of the project site will be subject to approval of a Concept Plan and Design Review which will facilitate the development on the proposed lots consistent with the MCAS Tustin Specific Plan. On December 14, 2010, the Planning Commission adopted Resolution No. 4164 recommending that the City Council approve Amendment to TTM 17144. A presentation was given by Elizabeth Binsack, Director of Community Development The public hearing opened at 7:24 p.m. City Council/Redevelopment Agency January 4, 2011 Minutes Page 3 of 8 The public hearing closed at 7:24 p.m. with no comments Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Gomez that the City Council adopt Resolution No. 11-01 approving an Amendment to TTM 17144, a subdivision of 131-acre site into 12 numbered lots and 28 lettered lots for conveyance purposes only. Motion carried 4-0-1 (Councilmember Gavello absent) RESOLUTION NO. 11-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING AN AMENDMENT TO TENTATIVE TRACT MAP 17144 FOR CONVEYANCE PURPOSES ONLY TO SUBDIVIDE A 131-ACRE SITE INTO 12 NUMBERED LOTS AND 28 LETTERED LOTS LOCATED WITHIN PLANNING AREAS 9 THROUGH 12 OF THE MCAS TUSTIN SPECIFIC PLAN BOUNDED BY BARRANCA PARKWAY ON THE SOUTH, RED HILL AVENUE ON THE WEST, WARNER AVENUE ON THE NORTH, AND ARMSTRONG AVENUE ON THE EAST. CONSENT CALENDAR ITEMS 3-9 It was moved by Councilmember/Agencymember Murray and seconded by Mayor Pro Tem Nielsen to approve the consent calendar items as recommended by staff. Motion carried 4-0-1 (Councilmember Gavello absent) 3. APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL AND REDEVELOPMENT HELD ON DECEMBER 7, 2010 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on December 7, 2010. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,533,850.09 and Payroll in the amount of $665,209.07 and $674,351.45. 5. 2011 MAYORAL APPOINTMENTS TO COMMITTEES Annually, following selection of the Mayor, the Mayor appoints those members of the City Council who will serve on various City and County committees. Recommendation: Receive and file. 6. ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY City Council/Redevelopment Agency January 4, 2011 Minutes Page 4 of 8 The California Government Code, as amended, requires that Cities annually adopt their Investment Policy. This legislative action was in response to the Orange County bankruptcy. It requires the elected body and the Treasurer to review the existing Investment Policy at least annually and confirm its content at a public meeting and annually delegate authority to invest. Recommendation: 1. Adopt the City of Tustin Investment Policy for calendar year 2011. 2. Continue delegation of the Investment Policy to G.W. Jeffries and Associates. 7. APPOINTMENT OF GEORGE W. JEFFRIES AS CITY TREASURER AND SIGNING OF AGREEMENT BETWEEN THE CITY OF TUSTIN AND G. W. JEFFRIES AND ASSOCIATES, INC. The City Council is asked to consider Resolution No. 11-02 appointing. George W. Jeffries as City Treasurer and approving his personal services agreement for one year. Recommendation: That the City Council adopt Resolution No. 11-02 appointing George W. Jeffries as City Treasurer and authorizing the Mayor to sign the attached Agreement for the Services of George W. Jeffries. RESOLUTION NO. 11-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPOINTING GEORGE W. JEFFRIES AS CITY TREASURER FOR CALENDAR YEAR 2011 8. CONSULTANT SERVICES AGREEMENT WITH DAVID TAUSSIG & ASSOCIATES FOR PROFESSIONAL CONSULTANT SERVICES FOR THE TUSTIN LEGACY PROJECT Approval is requested for a Consultant Services Agreement (CSA) to provide professional services to assist the Agency in estimating community facilities district supportable bonded indebtedness for each phase of future development at Tustin Legacy (the Project) in conjunction with refinement and revisions of the City's disposition and business strategy for the Project and also for an update to the Tustin Legacy Backbone Infrastructure Program. Recommendation: ~ It is recommended that the Tustin Community Redevelopment Agency authorize the Executive Director or Assistant City Manager to execute the attached CSA ~ <- with David Taussig & Associates, subject to any non-substantive modifications as may be deemed necessary by the City Attorney prior to execution of the City Council/Redevelopment Agency January 4, 2011 Minutes Page 5 of 8 Agreement. 9. APPROVE CONSULTANT SERVICES AGREEMENT FOR UPDATING AND MAINTAINING THE CITY'S PAVEMENT MANAGEMENT PROGRAM The Pavement Management Program (PMP) consists of the maintenance of a roadway inventory, monitoring of the condition of the City's roadway pavement and the identification of maintenance and rehabilitation strategies. The City must submit a fully compliant PMP to the Orange County Transportation Authority (OCTA) by June 30, 2011 to maintain eligibility for funding under the Renewed Measure M (M2) Program. Approval of this Consultant Services Agreement with Bucknam & Associates, Inc. will provide for updating the City's Pavement Management Program. Recommendation: It is recommended that the City Council approve a Consultant Services Agreement with Bucknam & Associates, Inc. to provide engineering services to update and maintain the City's Pavement Management Program, and to authorize the Mayor and City Clerk to execute the agreement on behalf of the City. REGULAR BUSINESS ITEMS 10-11 10. ORDINANCE RE SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS A presentation was given by Chief Scott Jordan On November 7, 2006, California voters approved proposition 83, commonly referenced as "Jessica's Law." The initiative addressed a variety of topics related to registered sex offenders, and included a prohibition of sex offender residency within two thousand (2,000) feet of a park or school, and an express statement that cities have the power to adopt local ordinances that further restrict sex offender residency. The proposed ordinance would reflect the City's adoption of additional restrictions limiting sex offender residency, including hotel occupancy, and a prohibition of loitering in identified child safety zones. Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray that the Council introduce and conduct first reading of Ordinance No. 1390 (Attachment 1) by title only. Motion carried 4-0-1 (Councilmember Gavello absent) ORDINANCE NO. 1390 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING TUSTIN CITY CODE ARTICLE5, CHAPTER 12 RE SEX OFFENDER RESIDENCY AND LOITERING City Council/Redevelopment Agency January 4, 2011 Minutes Page 6 of 8 RESTRICTIONS 11. LEGISLATIVE REPORT None. OTHER BUSINESS/COMMITTEE REPORTS City Manager: • Thanked Field Services and Police Department employees who responded to recent wet weather • Wished Council, employees and community a happy new year Councilmember Gomez: • Thanked. department heads for support during transition onto Council • Attended Tustin High School CIF finals; congratulated Tustin High School and Beckman High School for a great year Councilmember Murray: • Attended swearing in of school board members as did Councilmember Gomez • Thanked staff for patience and diligence as comes onboard Council • Thanked George Vallevieni for efforts with Tustin Santa Sleigh • Commented that the tree lighting ceremony was outstanding; mentioned Dave Wilson and Marilyn Esposito did a great job • Stated that Tustin High Tillers and Beckman High Patriots did a great job • Commented that daughter is on the Southern California Water Polo Club team and he attended its end of year event dinner; 14-year old group is basically world champions in their age group and would like to have them attend a council meeting for recognition • Paid respects to Mrs. Doyle at the passing of former Councilmember Mike Doyle who helped when he first came onboard; he will be missed Mayor Pro Tem Nielsen: • Attended Orange County Sanitation District Administrative Committee and Board of Directors meetings • Attended Newport Bay Watershed Executive Committee meeting • Congratulated Tillers and Patriots for outstanding football team; suggested inviting representatives or whole team to Council meeting for recognition • Attended Tree lighting ceremony • Attended Dance Team holiday program • Participated in AYSO mayor's cup soccer tournament • Offered condolences to Mike Doyle's family Mayor Amante: • Enjoyed community events • Thanked staff new Councilmember briefings City CounciURedevetopment Agency January 4, 2011 Minutes Page 7 of 8 • Closed in memory of Mike Doyle; so much of what we enjoy in Tustin is part of what he provided from 1994-2002; offered condolences to his wife, Carol, and family ADJOURNED at 7:50 p.m. -The next regular meeting is scheduled for Tuesday, January 18, 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. ADJOURNED IN MEMORY OF MICHAEL JAMES DOYLE PAMELA STOKEF~, City Clerk City Council/Redevelopment Agency January 4, 2011 Minutes Page 8 of 8