HomeMy WebLinkAbout02 CC MINUTES 02-01-11Agenda Item 2
Reviewed:
City Manager
Finance Director N/A
MINUTES
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
FEBRUARY 1, 2011
CALL TO ORDER -Meeting #2255 at 5:40 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Deborah Gavello,
Rebecca "Beckie" Gomez and AI Murray
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: David C. Biggs, City Manager, and Douglas C. 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. LABOR NEGOTIATIONS [Government Code Section 54957.6]
Agent Negotiators:
Employee Organization:
Employee Organization:
Emplovee Organization:
Employee Organization:
Employee Organization:
Emplovee Organization:
Kristi Recchia, Director of Human Resources and
Peter Brown, Liebert Cassidy Whitmore
Tustin Municipal Employees Association (TMEA)
Tustin Police Officers Association (TPOA)
Tustin Police Support Service Association (TPSSA)
Tustin Police Management Association (TPMA)
Part-Time Unrepresented Employees
Unrepresented Confidential Employees
City Council/Redevelopment Agency
Minutes
February 1, 2011
Page 1 of 12
Em~loyee Organization:
Employee Organization:
RECESSED at 5:40 p.m.
RECONVENED at 7:06 p.m.
Unrepresented Supervisory
Executive Management and Management
JOINT REGULAR CITY COUNCIL AND
REDEVELOPMENT AGENCY MEETING
7:00 P.M.
CALL TO ORDER -Meeting #2255 at 7:06 p.m.
INVOCATION -Mayor Amante
PLEDGE OF ALLEGIANCE -Mayor Pro Tem Nielsen
ROLL CALL -City Clerk
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Deborah Gavello,
Rebecca "Beckie" Gomez and AI Murray
Absent: None
City Clerk: Pamela Stoker
Others Present: David C. Biggs, City Manager, and Douglas C. Holland, City Attorney
CLOSED SESSION REPORT -City Attorney Douglas C. Holland
No reportable action.
PRESENTATIONS
• BEST (Building Excellence ~ Shaping Tomorrow) Award for the Tustin Library
presented by George Alvarez, City Engineer, City of Santa Ana, and Immediate Past
President of the Southern California Chapter of the America Public Works
Association
• Sharon Nicola, former Tustin librarian
• Tustin Area Historical Society (Bill Teter) and Guy Ball, author of "Images of
America: Tustin"
• Pioneer Middle School students Nikki Daurio, Noreen Farsai, and Dalton
Alberts
ORAL COMMUNICATION/PUBLIC INPUT -None
City Council/Redevelopment Agency February 1, 2011
Minutes Page 2 of 12
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)
URGENCY ORDINANCE NO. 1392 ENACTING A TEMPORARY
MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF TATTOO
ESTABLISHMENTS
A presentation was given by Elizabeth Binsack, Community Development
Director
Proposed Urgency Ordinance No. 1392 is an interim urgency measure to enact
a temporary moratorium on the establishment and operation of tattoo
establishments within the City for a period of 45 days. The ordinance would
prohibit the establishment or operation and the issuance of permits or any other
entitlements for tattoo establishments pending the completion of a study
analyzing potential Code amendments to establish land use regulations,
development standards, and operational regulations necessary to protect the
public health, welfare, or safety from impacts associated with or implicated by
use of property for tattoo establishments. Following a noticed public hearing, the
City Council may extend the ordinance pursuant to Government Code Section
65858.
The public hearing opened at 7:34 p.m.
The public hearing closed at 7:34 p.m. with no comments
Mayor Amante requested that staff include health department verification of
applicants in a future staff report.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Murray that the City Council adopt Urgency Ordinance No.
1392 by at least afour-fifths vote.
Motion carried 5-0
ORDINANCE NO. 1392
AN INTERIM URGENCY ORDINANCE OF THE CITY OF TUSTIN,
CALIFORNIA, ENACTING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT AND OPERATION OF TATTOO ESTABLISHMENTS
WITHIN THE CITY OF TUSTIN FOR A PERIOD OF 45 DAYS PENDING
A STUDY OF LAND USE REGULATIONS PURSUANT TO
GOVERNMENT CODE SECTION 65858. (4/5ths Vote Required)
City Council/Redevelopment Agency February 1, 2011
Minutes Page 3 of 12
CONSENT CALENDAR ITEMS 2-14
It was moved by Councilmember/Agencymember Gavello and seconded by Mayor Pro
Tem/Chair Pro Tem Nielsen to pull consent items 4, 5, 8,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 JOINT CITY COUNCIL
AND REDEVELOPMENT AGENCY HELD ON JANUARY 18, 2011
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on January 18, 2011.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $5,681,210.52 and
Payroll in the amount of $661,483.51.
4. 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 Mayor Pro Tem Nielsen and seconded by
Councilmember Murray to receive and file.
Motion carried 4-1 (Councilmember Gavello dissenting)
5. AMENDMENT NO. 6 TO AGREEMENT REGARDING RIDES AND
CONCESSIONS AT TUSTIN TILLER DAYS
Amendment No. 6 would extend the term of the Agreement Regarding Rides
and Concessions at Tustin Tiller Days and the Tustin Street Fair and Chili Cook-
Off with "O" Entertainment for three years. The Amendment provides for an
increase in the compensation the City will realize from ticket sales and rental
vendor booth spaces and includes carnival worker background screening.
Motion: It was moved by Councilmember Gavello and seconded by
Councilmember Murray that the City Council approve the attached Amendment
No. 6 to the Agreement between the City and "O" Entertainment.
Motion carried 5-0
6. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO
City Council/Redevelopment Agency February 1, 2011
Minutes Page 4 of 12
ADVERTISE FOR BIDS FOR PARK PLAYGROUND EQUIPMENT PURCHASE
AND INSTALLATION AT CENTENNIAL PARK (CIP No. 20065)
This project includes the purchase and installation of playground equipment and
ADA required playground surfacing and a ramp.
Recommendation: That the City Council approve Resolution No. 11-06,
approving specifications for the purchase and installation of new playground
equipment at Centennial Park (CIP No. 20065), and authorizing the City Clerk to
advertise for bids.
RESOLUTION NO. 11-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR PARK
PLAYGROUND EQUIPMENT PURCHASE AND INSTALLATION AT
CENTENNIAL PARK (CIP No. 20065)
7. COMMUNICATIONS SITE LICENSE AGREEMENT WITH MetroPCS
NETWORKS CALIFORNIA, LLC FOR EXISTING WIRELESS FACILITIES AT
TUSTIN SPORTS PARK (12850 ROBINSON DRIVE)
Approval is requested for a Communication Site License Agreement between
the City and MetroPCS Networks California, LLC (Licensee), to be located
within the Tustin Sports Park.
Recommendation: That the City Council authorize the City Manager to execute
the attached Communications Site License Agreement with MetroPCS
Networks California, LLC, a Delaware limited liability company, subject to any
non-substantive modifications as may be deemed necessary by the City
Attorney prior to execution of the Agreement.
8. AFFORDABLE HOUSING DEFAULT REVOLVING FUND FOR CITY AND
AGENCY AFFORDABLE HOUSING UNITS AT RISK OF FORECLOSURE
City Council and Tustin Community Redevelopment Agency ("Agency")
approval is requested to establish an Affordable Housing Default Revolving
Fund to be funded by Agency Low and Moderate Income housing funds in order
to cure homeowner defaults under the City and Agency's Affordable Housing
Program.
Motion: It was moved by Mayor Pro Tem/Chair Pro Tem Nielsen and seconded
by Mayor/Chair Amante to approve a Cooperative Agreement between the
parties authorizing the creation of an Affordable Housing Default Revolving
Fund to permit the exercise of redemption and reimbursement rights and/or
option to purchase rights under Affordable Housing Agreements for Tustin
Affordable Housing Units at risk of foreclosure following deletion of Section 3
and sequential renumbering.
City Council/Redevelopment Agency February 1, 2011
Minutes Page 5 of 12
Motion carried 5-0
9. APPROVAL OF AMENDMENT NO. 2 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. 2 to a Consultant Services Agreement
for Tustin Legacy backbone infrastructure between the City and Hunsaker &
Associates to provide additional engineering services related to infrastructure
design requirements for Tustin Ranch Road roadway improvements, Valencia
Avenue traffic signal and sewer line modifications, and Park Avenue roadway,
storm drain, water, and sewer improvements.
Recommendation: That the City Council:
1. Approve Amendment No. 2 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 $282,800 from unappropriated funds in the MCAS 2010 Tax
Allocation Bond Proceeds Fund (561) to the Tustin Ranch Road
Extension Project Capital Improvement Program Fund (CIP No. 70100).
10. APPROVAL OF AMENDMENT NO. 1 TO CONSULTANT SERVICES
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR
TUSTIN LEGACY BACKBONE INFRASTRUCTURE BETWEEN THE CITY
AND NMG GEOTECHNICAL, INC.
Recommendation: That the City Council:
1. Approve Amendment No. 1 to a Consultant Services Agreement for
Tustin Legacy backbone infrastructure between the City and NMG
Geotechnical, Inc., increasing the not to exceed amount by $68,500 to
$117,200, and authorize the City Manager to execute the document on
behalf of the City.
2. Appropriate $68,500 from unappropriated funds in the MCAS 2010 Tax
Allocation Bond Proceeds Fund (561) to the Tustin Ranch Road
Extension Project Capital improvement Program Fund (CIP No. 70100).
11. AWARD CONTRACT FOR THE TUSTIN RANCH ROAD PAVEMENT
REHABILITATION PROJECT CIP NO. 70195
Staff is requesting that the City Council award the construction contract for the
Tustin Ranch Road Pavement Rehabilitation Project CIP No. 70195 to the
City Council/Redevelopment Agency February 1, 2011
Minutes Page 6 of 12
lowest responsive/responsible bidder.
Recommendation: That the City Council award the construction contract for the
Tustin Ranch Road Pavement Rehabilitation Project CIP No. 70195 to the
lowest responsive/responsible bidder, R.J. Noble Company, in the amount of
$1,264,114.20, and authorize the Mayor and the City Clerk to execute the
contract documents on behalf of the City.
12. APPROVE THE SUBMITTAL OF REGIONAL CAPACITY PROGRAM
PROJECT APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION
AUTHORITY
City Council adoption of Resolution No. 11-04 will approve submittal of the
City's project applications for Renewed Measure M funds (Measure M2) under
the Comprehensive Transportation Funding Program (CTFP), 2010 Call for
Projects for the Regional Capacity Program. The Orange County Transportation
Authority (OCTA) requires City Council approval as part of the application
process.
Recommendation: It is recommended that the City Council adopt Resolution No.
11-04 approving the submittal of various project applications to the Orange
County Transportation Authority (OCTA) for funding under the Renewed
Measure M Comprehensive Transportation Funding Program 2010 Call for
Projects for the Regional Capacity Program.
RESOLUTION NO. 11-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING THE SUBMITTAL OF VARIOUS
IMPROVEMENT PROJECT APPLICATIONS TO THE ORANGE
COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER
THE RENEWED MEASURE M COMPREHENSIVE TRANSPORTATION
FUNDING PROGRAM, 2010 CALL FOR PROJECTS FOR THE
REGIONAL CAPACITY PROGRAM
13. APPROVE COOPERATIVE AGREEMENT WITH THE CITY OF SANTA ANA
FOR PAVEMENT REHABILITATION ON RED HILL AVENUE
A portion of the work to be performed for this year's Roadway Rehabilitation and
Citywide Sidewalk Repair under the Annual Roadway and Public Infrastructure
Maintenance Program CIP No. 70001 is on Red Hill Avenue within the City of
Santa Ana jurisdiction. The proposed Cooperative Agreement between the City
of Tustin (City) and the City of Santa Ana (Santa Ana) provides for Santa Ana to
reimburse the City for Santa Ana's proportionate share of the work included in
the City's project.
Motion: It was moved by Councilmember Gavello and seconded by Mayor
Amante that the City Council approve the Cooperative Agreement with the City
of Santa Ana for pavement rehabilitation on Red Hill Avenue within its
City Council/Redevelopment Agency February 1, 2011
Minutes Page 7 of 12
jurisdiction, and authorize the Mayor and City Clerk to execute the document on
behalf of the City.
Motion carried 5-0
14. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION
SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM
Each year the City Council authorizes the use of the City's annual disbursement
of Assembly Bill (AB) 2766 funds to offset costs for state mandated vehicle
emission reduction programs implemented by the City of Tustin. This year the
City Council is being requested to allocate/earmark the Fiscal Year (FY)
2010/2011 AB 2766 funds to fund a portion of the future maintenance cost for
the rail station parking structure, which is currently under construction.
Recommendation: That the City Council authorize the use of City's AB 2766
disbursement of $81,600 to fund a portion of the future maintenance cost for the
rail station parking structure.
REGULAR BUSINESS ITEMS 15-19
15. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
GOVERNOR'S PROPOSED BUDGET INCLUDING REDEVELOPMENT
AGENCY ELIMINATION
Governor Brown has released a 2010-11 Budget proposal, which includes the
proposed elimination of redevelopment agencies.
Motion: It was moved by Mayor Pro Tem/Chair Pro Tem Nielsen and seconded
by Councilmember/Agencymember Gomez to continue the item to the February
15, 2011 council meeting.
Motion carried 5-0
16. SECOND AMENDMENT TO THE REIMBURSEMENT AGREEMENT FOR
MCAS TUSTIN REDEVELOPMENT PROJECT AFFORDABLE HOUSING
OBLIGATIONS
The proposed Second Amendment to the Reimbursement Agreement will clarify
funding assistance for development of affordable housing units within the MCAS
Tustin Redevelopment Project Area.
Motion: It was moved by Mayor Pro Tem/Chair Pro Tem Nielsen and seconded
City Council/Redevelopment Agency February 1, 2011
Minutes Page 8 of 12
by Councilmember/Agencymember Murray that the Tustin Community
Redevelopment Agency ("Agency") and City Council, by minute motion, each
authorize the execution by the Chairman of the Agency and Mayor of a "Second
Amendment to the Reimbursement Agreement Between the City of Tustin and
Tustin Community Redevelopment Agency Related to Affordable Housing
Responsibilities To Be Assumed by the Agency" ("Second Amendment").
Motion carried 4-1 (Councilmember/Agencymember Gavello dissenting)
17. COOPERATION AGREEMENT BETWEEN THE CITY OF TUSTIN AND
TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR CERTAIN COSTS
ASSOCIATED WITH CAPITAL IMPROVEMENTS, PUBLIC IMPROVEMENTS,
AFFORDABLE HOUSING PROJECTS, AND ADMINISTRATIVE PROGRAM
SUPPORT SERVICES DIRECTLY BENEFITTING THE THREE
REDEVELOPMENT PROJECT AREAS IN TUSTIN
Approval is requested for the Tustin Community Redevelopment Agency
("Agency") to enter into a contract with the City of Tustin ("City") for the City's
performance of certain eligible activities on behalf of the Agency directly
benefitting three (3) Redevelopment Project Areas in Tustin.
Motion: It was moved by Mayor Pro Tem/Chair Pro Tem Nielsen and seconded
by Councilmember/Agencymember Gomez that the City Council:
1. Adopt Resolution No. 11-07 approving and authorizing the Mayor to
execute a "Cooperation Agreement For Payment of Costs Associated
with Certain RDA Funded Capital Improvements, Public Improvements,
Affordable Housing Projects, and Administrative Program Support
Services," and making certain determinations and findings related
thereto.
That the Agency:
1. Adopt Resolution No. 11-01 approving and authorizing the Chairman on
behalf of the Agency to execute the "Cooperation Agreement For
Payment of Costs Associated with Certain RDA Funded Capital
Improvements, Public Improvements, Affordable Housing Projects, and
Administrative Program Support Services," for the City to implement the
work program on behalf of the Agency upon any conclusion of the
Agency's statutory authority, and make certain determinations and
findings related thereto.
Motion carried 4-1 (Councilmember/Agencymember Gavello dissenting)
RESOLUTION N0.11-07
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING A COOPERATION AGREEMENT AND MAKING CERTAIN
DETERMINATIONS AND FINDINGS RELATED THERETO
City Council/Redevelopment Agency February 1, 2011
Minutes Page 9 of 12
RESOLUTION NO. 11-01
A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY APPROVING A COOPERATION AGREEMENT AND MAKING
CERTAIN DETERMINATIONS AND FINDINGS RELATED THERETO
18. ORDINANCE NO. 1393 -ORDINANCE AMENDING THE TUSTIN CITY CODE
PERTAINING TO THE PLANNING, AUDIT AND COMMUNITY SERVICES
COMMISSIONS
The proposed ordinance would amend various provisions of Article 1, Chapter 5
of the Tustin City Code to provide that members of the Planning Commission,
Audit Commission, and Community Services Commission must be both
residents and registered voters of the City of Tustin at all times they hold office,
except that two members of the Audit Commission may be residents and
registered voters within the area served by the Tustin Water Department, but
outside the City.
Motion: It was moved by Councilmember Gavello and seconded by
Councilmember Murray to introduce and have first reading, by title only, of
Ordinance No. 1393 amending the Tustin City Code pertaining to the Planning,
Audit and Community Services Commissions and set for second reading at the
Council's next scheduled meeting on February 15, 2011.
Motion carried 5-0
Direction was given to bring back the commission member selection process at
the February 15 meeting.
ORDINANCE NO. 1393
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AMENDING SECTIONS 1512, 1538, AND 1552 OF THE
TUSTIN CITY CODE RELATING TO QUALIFICATIONS OF MEMBERS
OF CITY BOARDS AND COMMISSIONS TO CLARIFY CITY
RESIDENCY REQUIREMENTS FOR MEMBERS OF THE TUSTIN
PLANNING, AUDIT, AND COMMUNITY SERVICES COMMISSIONS
19. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED
JUNE 30TH 2010
The City engages an independent certified public accounting firm to complete
an annual audit of the City's financial records. There are a number of reports
such as the Comprehensive Annual Financial Report (CAFR), produced as a
result of the annual audit and there are actions that are required by the City's
governing board (City Council) to meet the requirements of various auditing
standards.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
City Council/Redevelopment Agency February 1, 2011
Minutes Page 10 of 12
Councilmember Murray to:
1. Receive and file the CAFR for the year ended June 30, 2010.
2. Designate Councilmember Murray and Mayor Pro Tem Nielsen to serve as a
Council Audit Committee to discuss the audit and internal control issues with
the auditors to meet auditing standard requirements.
Motion carried 5-0
OTHER BUSINESS/COMMITTEE REPORTS
Councilmember Gomez
• Attended a League of California New Councilmember conference in Sacramento
with Councilmember Murray; requested links to the Institute for Local Government
publications on the City of Tustin website
• Took a tour of the hangars at Tustin Legacy
• Attended the Santa Ana River Flood Protection Agency meeting
• Attended fundraisers for Beckman softball and Tustin High School girls basketball
Councilmember Gavello
• Attended The Better World ribbon cutting
• Judged Irvine Valley College Astounding Inventions with Mayor Amante
• Invited all to the Bowers Museum offering free attendance this Sunday
Councilmember Murray
• Attended League of California workshops; spoke with Assemblyman Don Wagner
and discussed redevelopment
• Complimented Dave Wilson and staff for receiving the New Design Award from
California Parks and Recreation Society for Citrus Ranch Park
• Acknowledged Pioneer Middle School as outstanding middle school in Orange
County
• Looking forward to Tustin Mayor's Inaugural Dinner this Thursday at Tustin Golf
Club
• Thanked Tustin Area Historical Society for Guy Ball book
Mayor Pro Tem Nielsen
• Attended Orange County Sanitation District Board of Directors committee meetings
• Attended OCCOG Board of Directors; postponed election of officers
• Attended Orange County Fire Authority Board of Directors meetings
• Attended Kami Sushi ribbon cutting hosted by the Tustin Chamber
• Announced that the Miss Tustin Scholarship Pageant will be held on March 5 at
7:00 p.m. at Beckman Theater
• Announced that the Citizen's Police Academy starts a week from Thursday
City Council/Redevelopment Agency February 1, 2011
Minutes Page 11 of 12
Mayor Amante
• Reported that Irvine Valley College Astounding Inventions had almost equal
number of students from Irvine and Tustin; over 400 participants
• Announced that on February 10 there will be an inaugural meeting of the
Association of California Cities
• Shared that attendance at League conferences violates the policy of Council and
that education by the League is provided at a heavy cost with little support for
Orange County cities
ADJOURNED at 9:04 p.m. -The next regular meeting is scheduled for Tuesday, February
15, 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.
Adjourn in Memory of
Don Martinson
City Council/Redevelopment Agency February 1, 2011
Minutes Page 12 of 12