HomeMy WebLinkAbout00 CC AGENDA 2-15-11
CITY OF TUSTIN FEBRUARY 15, 2011
JOINT REGULAR MEETING OF THE COUNCIL CHAMBER
CITY COUNCIL AND REDEVELOPMENT 300 CENTENNIAL WAY, TUSTIN
AGENCY
John Nielsen, Mayor Pro Tem David C. Biggs, City Manager
Deborah Gavello, Councilmember Douglas Holland, City Attorney
Rebecca “Beckie” Gomez, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk
Al Murray, Councilmember George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER
– Meeting #2256
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
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 LEGAL COUNSEL – EXISTING LITIGATION [Govt.
Code § 54956.9(a)] – One Case
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SEMA Construction, Inc. v. City of Tustin, OCSC Case No. 00101147
D. LABOR NEGOTIATIONS [Government Code Section 54957.6]
Agency Negotiators: Kristi Recchia, Director of Human Resources and
Peter Brown, Liebert Cassidy Whitmore
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.
Employee Organization: Tustin Municipal Employees Association (TMEA)
Employee Organization: Tustin Police Officers Association (TPOA)
Employee Organization: Tustin Police Support Service Association (TPSSA)
Employee Organization: Tustin Police Management Association (TPMA)
Employee Organization: Part-Time Unrepresented Employees
Employee Organization: Unrepresented Confidential Employees
Employee Organization: Unrepresented Supervisory
Employee Organization: Executive Management and Management
JOINT REGULAR CITY COUNCIL AND
REDEVELOPMENT AGENCY MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2256
INVOCATION – Mayor Pro Tem Nielsen
PLEDGE OF ALLEGIANCE – Councilmember Gavello
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney Douglas C. Holland
PRESENTATIONS
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WRAP (Waste Reduction Award Program) award presented to Ricoh, Victory
Foam, and Vestar Property Management
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. REQUEST TO CONTINUE THE APPEAL OF A DECISION OF THE PLANNING
City Council/Redevelopment Agency February 15, 2011
Meeting Agenda Page 2 of 9
COMMISSION RELATED TO THE PROPERTY LOCATED AT 520 PACIFIC
STREET
Pursuant to Tustin City Code Section 9294b, decisions of the Planning
Commission are appealable to the City Council. On December 23, 2010, Mayor
Amante appealed the Planning Commission's actions taken on December 14,
2010, regarding the property located at 520 Pacific Street.
The item was scheduled and noticed for a public hearing on February 15, 2011.
On January 28, 2011, City staff received a written request from the property
owner's attorney requesting a continuance of the item until March 1, 2011.
Recommendation: That the City Council continue this item to the March 1, 2011,
City Council meeting.
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 12)
2. APPROVAL OF MINUTES – REGULAR MEETING OF JOINT CITY COUNCIL
AND REDEVELOPMENT AGENCY HELD ON FEBRUARY 1, 2011
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on February 1, 2011.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $2,724,622.17 and
Payroll in the amount of $653,054.42.
4. DOCTOR'S AMBULANCE TRANSFER OF OWNERSHIP
This item is submitted for approval of the Consent to Transfer Agreement
between Herren Enterprises, Inc. operating as Doctor's Ambulance Service
(Doctor's) and American Medical Response Ambulance Service, Inc. (AMR), a
Delaware Corporation, for provision of 9-1-1 Fire/EMS emergency ambulance
transportation and related services.
Recommendation: Approve the attached Consent to Transfer Agreement with
Doctor's and AMR regarding Exclusive Operating Area #32, encompassing the
City of Tustin and the adjacent county unincorporated areas of Cowan and
Lemon Heights.
5. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS
City Council/Redevelopment Agency February 15, 2011
Meeting Agenda Page 3 of 9
Redevelopment Agency staff provides on a monthly basis an update of
redevelopment related projects.
Recommendation: Receive and file.
6. COMMUNICATIONS SITE LICENSE AGREEMENT WITH STC ONE, LLC FOR
EXISTING WIRELESS FACILITIES AT TUSTIN SPORTS PARK
Approval is requested for a Communication Site License Agreement between
the City and STC One, LLC, (Licensee), the owner of existing wireless facilities
located at the Tustin Sports Park.
Recommendation: That the City Council authorize the City Manager to execute
the attached Communications Site License Agreement with STC One LLC, a
Delaware limited liability company (Sprint Nextel Corporation entity), subject to
any non-substantive modifications as may be deemed necessary by the City
Attorney prior to execution of the Agreement.
7. ADOPT RESOLUTION NO. 11-10 ORDERING THE PREPARATION OF THE
ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2011-2012
State law requires an engineering analysis each year to identify property
benefits and to levy assessments in the Tustin Landscape and Lighting District.
Resolution No. 11-10 orders the preparation of the Engineer's Report for the
Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal
Year 2011-2012.
Recommendation: That the City Council adopt Resolution No. 11-10 ordering
the preparation of the Engineer's Report for the Tustin Landscape and Lighting
District Levy of Annual Assessments for Fiscal Year 2011-2012
RESOLUTION NO. 11-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER'S
REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT
LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2011-2012
8. AWARD CONTRACT FOR ROADWAY REHABILITATION AND SIDEWALK
REPAIR UNDER THE ANNUAL ROADWAY AND PUBLIC INFRASTRUCTURE
MAINTENANCE PROGRAM CIP NO. 70001
Staff is requesting that the City Council award the construction contract for the
Annual Roadway Rehabilitation and Citywide Sidewalk Repair under the Annual
Roadway and Public Infrastructure Maintenance Program CIP No. 70001 to the
lowest responsive/responsible bidder.
Recommendation: That the City Council award the construction contract for the
City Council/Redevelopment Agency February 15, 2011
Meeting Agenda Page 4 of 9
Annual Roadway Rehabilitation and Citywide Sidewalk Repair under the Annual
Roadway and Public Infrastructure Maintenance Program CIP No. 70001 to the
lowest responsive/responsible bidder, Sequel Contractors, Inc., in the amount of
$2,071,756.29, and authorize the Mayor and the City Clerk to execute the
contract documents on behalf of the City.
9. APPROVE AMENDMENT TO AGREEMENT WITH THE COUNTY OF
ORANGE FOR MAP CHECKING SERVICES
Staff is requesting that the City Council approve Amendment No. 1 to
Agreement D07-028 with the County of Orange to include the City of Tustin and
provide technical plan checking of final maps, parcel maps, lot line adjustments
and miscellaneous survey maps and documents as required by the Subdivision
Map Act. The City will still be responsible for checking the maps for
conformance with the approved tentative maps, conditions of approval, and
local ordinances.
Recommendation: That the City Council approve Amendment No. 1 to
Agreement D07-028 with the County of Orange for technical map checking
services by the County Surveyor and authorize the Mayor and City Clerk to
execute the agreement.
10. ACCEPT IMPROVEMENTS FOR THE COLUMBUS TUSTIN GYMNASIUM
ROOF REPLACEMENT, CIP NO. 10065/NON-FEDERAL AND AUTHORIZE
THE CITY ENGINEER TO FILE THE NOTICE OF COMPLETION
Construction of the Columbus Tustin Gymnasium Roof Replacement, CIP No.
10065/non-federal has been completed to the satisfaction of the City Engineer
and is now ready for City Council acceptance.
Recommendation: That the City Council:
1. Adopt Resolution No. 11-08 accepting the construction of the Columbus
Tustin Gymnasium Roof Replacement, CIP No. 10065/non-federal; and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
RESOLUTION NO. 11-08
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 CONSTRUCTION OF COLUMBUS TUSTIN
GYMNASIUM ROOF REPLACEMENT, CIP NO. 10065/NON-FEDERAL
11. 2010 ANNUAL SOLID WASTE PROGRAM REPORT
CR&R, Inc has submitted its required annual report for 2010. Staff has
completed a review of the data included in the report and is providing a
summary report of the City's solid waste program. While the total volume of
City Council/Redevelopment Agency February 15, 2011
Meeting Agenda Page 5 of 9
waste collected by CR&R in 2010 remained the same as 2009, CR&R was able
to increase the volume of waste recycled from 52% to 56%.
Recommendation: Receive and file.
12. AUTHORIZATION TO PURCHASE A VEHICLE AND A HEAVY EQUIPMENT
LIFT AND DECLARATION OF SURPLUS EQUIPMENT FOR PUBLIC
AUCTION
Staff is requesting City Council authorization to purchase a one ton truck and
one equipment lift for use by the Public Works Department. In addition, the City
Council is requested to declare city certain equipment surplus in accordance
with Section 1626a (2) of the Tustin City Code and authorize their sale at public
auction.
Recommendation:
1. Adopt Resolution No. 11-09 authorizing the State of California
Department of General Services to purchase one (1) one-ton dual rear
wheel cab/chassis from Coalinga Motors of Coalinga, California in the
amount of $24,999.32 and one (1) Rotary 30,000 Ib. heavy equipment lift
from Rotary Lift of Madison, IL in the amount of $26,606.04;
2. Authorize the Public Works Department to purchase and install the
required accessories for the one-ton cab and chassis from various
vendors in the amount of $7,989.88 and install the equipment lift in the
amount of $3,000.00;
3. Declare, in accordance with the Tustin City Code – Section 1626a (2),
the attached itemized list of equipment as surplus and not required for
public use;
4. Authorize the sale of the equipment listed above at the next available
public auction and credit net proceeds to applicable City Revenue fund.
RESOLUTION NO. 11-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AUTHORIZING THE DEPARTMENT OF GENERAL
SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE
CERTAIN ITEMS
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 13 through 19)
13. FISCAL YEAR 2010-2011 MID-YEAR BUDGET REVIEW
The following is staff's review of the City's first six months of operations under
the adopted FY 2010-11 Budget. Revenues and expenditures for each fund
City Council/Redevelopment Agency February 15, 2011
Meeting Agenda Page 6 of 9
were reviewed and adjusted based on the current economic climate and
projected expenditures reflect costs to date, service needs and the timing of
when funds would be expended.
Recommendation:
Approve the following adjustments to the authorized FY 2010-11 Budget:
a. Approve a supplemental appropriation of $157,500 from the
unappropriated reserves of the Community Development Block Grant
Fund (CDBG) to cover the cost of CDBG funded capital projects that
were outlined in the Seven-Year CIP budget.
b. Approve a supplemental appropriation of $341,420 from the
unappropriated reserves of the Gas Tax Fund to cover the cost of Gas
Tax funded capital projects that were outlined in the Seven-Year CIP
budget.
c. Approve a supplemental appropriation of $20,000 from the
unappropriated reserves of the Asset Forfeiture Fund to cover the cost of
additional security keypads outside of the records unit and City gym
facility as recommended by the CALEA accreditation process and
Wellness Committee /Human Resources department, respectively.
d. Approve a supplemental appropriation of $44,200 from the
unappropriated reserves of the Liability Fund to cover additional City
Attorney fees associated with the City's general liability related issues.
e. Approve a supplemental appropriation of $366,612 from the
unappropriated reserves of the Water Enterprise Fund to cover staff
salary and benefits costs that were inadvertently not included in the
adopted Fiscal Year 2010-2011 budget. The full operating salary and
benefits costs were included in the 2010 water rate study that was
adopted by City Council on June 15, 2010. The salary and benefits costs
were mistakenly left off the Fiscal Year 2010-2011 budget document.
14. COMMISSIONER SELECTION PROCESS
At the February 1, 2011 City Council meeting, Mayor Amante directed that the
selection process for Commissioners be included on the agenda for discussion
at the February 15, 2011 meeting. Commissioners have been selected by the
City Council as a whole since the establishment of each commission.
Recommendation: Pleasure of the Council.
15. INTRODUCTION OF ORDINANCE UPDATING CITY CODE TO REFLECT
CURRENT CITY HOLIDAYS
Adoption of the attached Ordinance will update the City Code to reflect the
holidays currently observed by the City.
Recommendation: That the City Council introduce by title only and waive
reading of Ordinance No. 1394 amending the City Code to reflect current City
City Council/Redevelopment Agency February 15, 2011
Meeting Agenda Page 7 of 9
holidays.
ORDINANCE NO. 1394
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SECTION 1210 OF THE TUSTIN CITY
CODE RELATING TO CITY HOLIDAYS
16. ORDINANCE NO. 1395 RE SEX OFFENDER RESIDENCY AND LOITERING
RESTRICTIONS
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.
Ordinance No. 1395 reflects changes to Ordinance No. 1390 which was heard
but not adopted at the City Council's January 4, 2011 meeting.
Recommendation: That the City Council introduce and conduct first reading of
Ordinance No. 1395 (Attachment 1) by title only.
ORDINANCE NO. 1395
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA ADOPTING TUSTIN CITY CODE ARTICLE 5, CHAPTER
12 RE SEX OFFENDER RESIDENCY AND LOITERING
RESTRICTIONS.
17. SECOND READING AND ADOPTION OF 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.
Have second reading by title only and adoption of Ordinance No. 1393 (roll call
vote)
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
City Council/Redevelopment Agency February 15, 2011
Meeting Agenda Page 8 of 9
OF CITY BOARDS AND COMMISSIONS TO CLARIFY CITY
RESIDENCY REQUIREMENTS FOR MEMBERS OF THE TUSTIN
PLANNING, AUDIT, AND COMMUNITY SERVICES COMMISSIONS.
18. APPROVAL OF STRATEGIC PLANNING PROCESS
The Mayor and City Council have made the development of a Strategic Plan a
priority for the City. Approval of a broad outline for a process for development of
a strategic plan will enable staff to take the next steps towards the goal of
having a strategic planning session in April.
Recommendation: Approve the broad outline for a strategic planning process
outlined in this Agenda Report.
19. 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. The City Council at its
meeting of February 1, 2011 continued discussion on this item.
Recommendation: That the City Council and Redevelopment Agency oppose on
record the Governor's proposal to eliminate redevelopment agencies, and
authorize the transmittal of correspondence opposing the proposal and
participate, as needed, at the state level in opposition activities. Additional
impacts of the budget proposal as it would financially impact the City should
continue to be monitored, and the Mayor and City staff shall be authorized to
take any advocacy positions to minimize impacts on the City.
OTHER BUSINESS/COMMITTEE REPORTS – City Manager, City Attorney, City Council
ADJOURNMENT – The next regular meeting is scheduled for Tuesday, March 1, 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 February 15, 2011
Meeting Agenda Page 9 of 9