HomeMy WebLinkAbout04 CC Action Agendas 2/1, 2/15ITEM #4
G~~Y O,n
Report ~o the ~s~~
I~lanning Commission
DATE: FEBRUARY 22, 2011
SUBJECT: CITY COUNCIL ACTION AGENDAS
FEBRUARY 1 AND 15, 2011
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENTS: CITY COUNCIL ACTION AGENDAS
FEBRUARY 1 AND 15, 2011
ACTION AGENDA
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]
Agency Negotiators: Kristi Recchia, Director of Human Resources and
Emalovee Organization:
Emp lo yee Org anization:
Emp lo yee Org anization:
Emp loy ee Org anization:
Emp loy ee Org anization:
Emp loy ee Org anization:
Emp loy ee Org anization:
Emp loy ee Org anization:
RECESSED at 5:40 p.m.
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
Unrepresented Supervisory
Executive Management and Management
City Council/Redevelopment Agency February 1, 2011
Action Agenda Page 1 of 12
RECONVENED at 7:06 p.m.
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.
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)
City Council/Redevelopment Agency February 1, 2011
Action Agenda Page 2 of 12
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 staff include health department verification of
applicants in 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)
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.
City Council/Redevelopment Agency February 1, 2011
Action Agenda Page 3 of 12
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
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
City Council/Redevelopment Agency February 1, 2011
Action Agenda Page 4 of 12
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.
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
City Council/Redevelopment Agency February 1, 2011
Action Agenda Page 5 of 12
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 Band 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
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
City Council/Redevelopment Agency February 1, 2011
Action Agenda Page 6 of 12
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 far 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
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/Redevelopment Agency February 1, 2011
Action Agenda Page 7 of 12
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
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,
City Council/Redevelopment Agency February 1, 2011
Action Agenda Page 8 of 12
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
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
City Council/Redevelopment Agency February 1, 2011
Action Agenda Page 9 of 12
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
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
City Council/Redevelopment Agency February 1, 2011
Action Agenda Page 10 of 12
• Attended a League of California New Councilmember meeting 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 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
Course
• 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
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 policy of Council and that
education by the League is provided at 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.
City Council/Redevelopment Agency February 1, 2011
Action Agenda Page 11 of 12
Adjourn in Memory of
Don Martinson
City Council/Redevelopment Agency February 1, 2011
Action Agenda Page 12 of 12
DRAFT
ACTION AGENDA
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
FEBRUARY 15, 2011
CALL TO ORDER -Meeting #2256 at 5:32 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Deborah Gavello,
Rebecca "Beckie" Gomez (arrived at 5:39) 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. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt.
Code § 54956.9(a)] -One Case
• SEMA Construction, Inc. v. City of Tustin, OCSC Case No. 00101147
D. LABOR NEGOTIATION;
Agency Negotiators:
Emplovee Organization:
Employee Organization:
Emplovee Organization:
Employee Organization:
~ [Government Code Section 54957.6]
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)
City Council/Redevelopment Agency
Action Agenda
February 15, 2011
Page 1 of 11
Em ploy ee Org anization: Part-Time Unrepresented Employees
Em ploy ee Org anization: Unrepresented Confidential Employees
Em plov ee Org anization: Unrepresented Supervisory
Em plov ee Org anization: Executive Management and Management
Recessed at 5:33 p.m.
Reconvened at 7:05 p.m.
JOINT REGULAR CITY COUNCIL AND
REDEVELOPMENT AGENCY MEETING
7:00 P.M.
~~ ~~
CALL TO ORDER -Meeting #2256 at 7:05 p.m.
INVOCATION -Mayor Pro Tem Nielsen
PLEDGE OF ALLEGIANCE - Councilmember Gavello
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
Council met in closed session and gave direction regard item C. Otherwise, the Council
took no reportable action.
PRESENTATIONS
• WRAP (Waste Reduction Award Program) award presented to Ricoh, Victory
Foam, and Vestar Property Management
Vestar (The District in Tustin) represented by Kim Daskas
ORAL COMMUNICATION/PUBLIC INPUT -
• Jeff Thompson gave a report on Citizen's Advisory Committee of OCTA.
• Donna Marsh Peery, representing Tustin Community Foundation, spoke regarding
Live Green program
City Council/Redevelopment Agency February 15, 2011
Action Agenda Page 2 of 11
PUBLIC HEARING ITEM (1)
1. REQUEST TO CONTINUE THE APPEAL OF A DECISION OF THE PLANNING
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.
The public hearing opened at 7:18 p.m.
Whitney Hodges addressed the Council agreeing with recommendation to
continue
The public hearing closed at 7:19 p.m.
Motion: It was moved by Councilmember Gavello and seconded by
Councilmember Murray that the City Council continue this item to the March 1,
2011, City Council meeting.
Motion carried 5-0
CONSENT CALENDAR (ITEMS 2-12)
It was moved by Mayor Pro Tem/Chair Pro Tem Nielsen and seconded by
Councilmember/Agencymember Gavello to pull consent items 4 and 11 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 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.
City Council/Redevelopment Agency February 15, 2011
Action Agenda Page 3 of 11
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.
Motion: It was moved by Councilmember Murray and seconded by Mayor Pro
Tem Nielsen to 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.
Motion carried 4-1 (Councilmember Gavello dissenting)
5. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS
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
City Council/Redevelopment Agency February 15, 2011
Action Agenda Page 4 of 11
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
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:
City Council/Redevelopment Agency February 15, 2011
Action Agenda Page 5 of 11
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
12
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
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%.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Gavello to receive and file.
Motion carried 5-0
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
City Council/Redevelopment Agency February 15, 2011
Action Agenda Page 6 of 11
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 (13-19)
13. FISCAL YEAR 2010-2011 MID-YEAR BUDGET REVIEW
The following is staffs review of the City's first six months of operations under
the adopted FY 2010-11 Budget. Revenues and expenditures for each fund
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.
A presentation was given by Pamela Arends-King, Finance Director
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Gomez to 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
City Council/Redevelopment Agency February 15, 2011
Action Agenda Page 7 of 11
were mistakenly left off the Fiscal Year 2010-2011 budget document.
Motion carried 5-0
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.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Murray to retain the current system of selecting commissioners
by the Council as a whole in place. Motion carried 3-2 (Councilmembers Gomez
and Gavello dissenting)
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.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Gavello that the City Council introduce by title only and waive
reading of Ordinance No. 1394 amending the City Code to reflect current City
holidays.
Motion carried 5-0
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.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
City Council/Redevelopment Agency February 15, 2011
Action Agenda Page 8 of 11
Councilmember Gavello that the City Council introduce and conduct first
reading of Ordinance No. 1395 (Attachment 1) by title only.
Motion carried 5-0
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.
It was moved by Councilmember Murray and seconded by Councilmember
Gavello to have second reading by title only and adoption of Ordinance No.
1393 (roll call vote)
Motion carried 5-0
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.
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.
City Manager Biggs gave a presentation. Councilmember Murray recommended
that "measurable" be added before "objectives" on slide #5. Mayor Amante
concurred and also would like to add "performance based criteria" and that
these be on the City's website.
City Council/Redevelopment Agency February 15, 2011
Action Agenda Page 9 of 11
Motion: It was moved by Councilmember Gavello and seconded by
Councilmember Murray to approve the broad outline for a strategic planning
process outlined in this Agenda Report.
Motion carried 5-0
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.
Motion: It was moved by Mayor Pro Tem/Chair Pro Tem Nielsen and seconded
by Councilmember/Agencymember Murray 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.
Motion carried 5-0
OTHER BUSINESS/COMMITTEE REPORTS -
Councilmember Gomez:
• Attended the Mayor's Inaugural Dinner which had great attendance
• Attended Chamber breakfast with speaker Racal Rodriguez, Chancellor at Rancho
Santiago Community College District
• Attended reception for newly elected officials on February 10
Councilmember Murray
• Attended Ribbon Cutting for Kami Sushi with Mayor Pro Tem Nielsen and
Councilmember Gomez
• Attended the Tustin Police Department swearing in ceremony
• Attended the Mayor's Inaugural Dinner fundraiser; congratulated Erin Nielsen,
• Attended Water Advisory Committee of Orange County
• Attended the Association of California Cities inaugural event and complimented
Mayor Jerry Amante and Councilmember Robert Ming from Laguna Niguel for
leadership
City Council/Redevelopment Agency February 15, 2011
Action Agenda Page 10 of 11
• Attended Tustin Area Senior Center 90th birthday Tomoko Mizusawa, oldest Tustin
employee; thanked Parks and Recreation Department and Marilyn Esposito
• Thanked students in audience for attendance at the council meeting
Mayor Pro Tem Nielsen
• Saluted students for staying for the entire meeting
• Attended Orange County Sanitation District meeting where 2011/12 preliminary
budget assumptions were discussed
• Enjoyed the Mayor's Inaugural Dinner where the mayor was lampooned
Mayor Amante
• Shared that this Mayor's Inaugural Dinner was the biggest fundraising event and
had highest attendance yet
• Discussed stewardship and sustainability and referred to Ricoh; 2001 first company
zero waste at landfill; Attended February 9 grand opening of energy system from
solar panels on roof; thanked Mr. Tagashi for invitation; thanked Jake Namashima,
CEO and complimented on accomplishments
RECESSED to Closed Session at 8:53 -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.
ADJOURNED AT 10:30 p.m.
City Council/Redevelopment Agency February 15, 2011
Action Agenda Page 11 of 11