HomeMy WebLinkAbout00 CC AGENDA 4-19-11CITY OF TUSTIN APRIL 19, 2011
JOINT REGULAR MEETING OF THE COUNCIL CHAMBER
CITY COUNCIL, REDEVELOPMENT 300 CENTENNIAL WAY, TUSTIN
AGENCY, TUSTIN PUBLIC FINANCING
AUTHORITY AND TUSTIN HOUSING
AUTHORITY
John Nielsen, Mayor Pro Tem William A. Huston, Interim 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 #2260
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. LIABILITY CLAIMS pursuant to Government Code Section 54956.95
?
Consideration of Claim of Stirling Bowles, Claim No. 11-02
?
Consideration of Claim of Daniel and Joan Liu, Claim No. 10-27
?
Consideration of Claim of Alan Lowe, Claim No. 11-04
?
Consideration of Claim of Manuel “Ricky” Najera, Claim No. 11-05
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.
D. LABOR NEGOTIATIONS [Government Code Section 54957.6]
Agency Negotiators: Kristi Recchia, Director of Human Resources
and Peter Brown, Liebert Cassidy Whitmore
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
E. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Govt. Code §
54956.9(a)] – Two Cases
?
SEMA Construction, Inc. v. City of Tustin, OCSC Case No. 00101147
?
Tustin Unified School District v. City of Tustin et al., Case No. 30-2010-
00345476, Orange County Superior Court
JOINT CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY,
TUSTIN PUBLIC FINANCING AUTHORITY
AND TUSTIN HOUSING AUTHORITY MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2260
INVOCATION – Fr. Al Baca, St. Cecelia Catholic Church
PLEDGE OF ALLEGIANCE – Councilmember Gomez
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney Douglas C. Holland
PRESENTATIONS
?
Orange County Water District presentation by Rose Wilke, Public Affairs
Department
?
National Library Week certificate presented to Tim Scott, Tustin Library Senior
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority April 19, 2011
Meeting Agenda Page 2 of 10
Branch Manager, by Councilmember Gomez
?
Tustin Area Historical Society presentation by Sharon Teter
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. FISCAL YEAR 2011-12 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDING ALLOCATION, FISCAL YEAR 2011-12 ACTION PLAN
The Community Development Department is proposing to submit to the U.S.
Department of Housing and Urban Development (HUD) a Program Year (PY)
2011-12 Action Plan (Attachment A), which describes the activities that the City
will undertake during the program year. The Action Plan includes the program
budget for disbursement of Community Development Block Grant (CDBG)
funds. HUD has not notified the City of its grant award amount for PY 2011-12
and for planning purposes, HUD suggested the City should use the previous
year funding amount. On February 16, 2011, the Tustin Community Foundation
conducted a public hearing to receive public input for CDBG projects and make
a funding allocation recommendation for public service projects for Program
Years 2011-12, 2012-13, and 2013-14.
The Community Development Department is also proposing to amend previous
years' Action Plan to reallocate unexpended funds from previously approved
projects. An amendment to an Action Plan is required when adding a new
activity not previously described in the Action Plan of the respective Program
Year.
Recommendation: That the City Council adopt Resolution No. 11-27 approving
the Program Year 2011-12 Action Plan and funding allocation; directing staff to
adjust funding amounts for PY 2011-12 based on the actual grant award;
approving the amendments to previous Program Year Action Plans to reallocate
unexpended funds; and, authorizing submission of the PY 2011-12 Action Plan
to the U.S. Department of Housing and Urban Development.
RESOLUTION NO. 11-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING THE PROGRAM YEAR 2011-2012 ACTION
PLAN AND FUNDING ALLOCATION AND THE AMENDMENTS TO
PROGRAM YEARS 2007-08 AND 2009-10 ACTION PLANS FOR
SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority April 19, 2011
Meeting Agenda Page 3 of 10
DEVELOPMENT.
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 16)
2. APPROVAL OF MINUTES – REGULAR MEETING OF JOINT CITY COUNCIL
AND REDEVELOPMENT AGENCY HELD ON APRIL 5, 2011
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on April 5, 2011.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,323,848.76 and
Payroll in the amount of $805,377.27.
4. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF MICHAEL KIM
Recommendation: Adopt Resolution No. 11-28 finding that Police Officer
Michael Kim is industrially disabled from performing the duties of his position.
RESOLUTION NO. 11-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT MICHAEL KIM, A LOCAL SAFETY
MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A
POLICE OFFICER
5. ELECTRONIC SCANNING AND STORAGE OF RECORDS COMMUNITY
DEVELOPMENT DEPARTMENT
The Community Development Department has enlisted the services of ECS
Imaging, Inc., a professional digital scanning service, to digitally scan planning
project files. Staff performed quality control on the scanned files listed in Exhibit
A and stored the files in the City's Laserfiche archive. The Community
Development Department requests permission to destroy the paper copies of
these files.
The Community Development Department also requests permission to destroy
the records listed in Exhibit A that are more than two (2) years old.
Recommendation: Adopt Resolution No. 11-29, authorizing the scanning and
electronic storage of project planning files and the destruction of paper copies of
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority April 19, 2011
Meeting Agenda Page 4 of 10
the additional items listed on Exhibit A.
RESOLUTION NO. 11-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY
RECORDS AND PAPERS IN THE POSSESSION OF THE COMMUNITY
DEVELOPMENT DEPARTMENT OF THE CITY OF TUSTIN,
PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF
TUSTIN'S RECORDS RETENTION SCHEDULE.
6. SUBDIVISION 2011-02 (FINAL PARCEL MAP 2010-127)
Final Parcel Map (FPM) 2010-127 is a request to subdivide a 33.549-acre site
into six (6) parcels for conveyance and establishment of right-of-way purposes
only for the properties generally bounded by Newport Freeway (SR 55) to the
west, Valencia Avenue to the south, portions of Del Amo Avenue and Newport
Avenue to the east, and Edinger Avenue to the north.
Recommendation: That the City Council adopt Resolution No. 11-30 approving
FPM 2010-127, a subdivision of 33.549-acre site into six (6) parcels for
conveyance and establishment of right-of-way purposes only.
RESOLUTION NO. 11-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING FINAL PARCEL MAP 2010-127 TO SUBDIVIDE A 33.549-
ACRE SITE INTO SIX (6) PARCELS FOR CONVEYANCE AND
ESTABLISHMENT OF RIGHT-OF-WAY PURPOSES ONLY FOR THE
PROPERTIES BOUNDED BY NEWPORT FREEWAY (SR 55) TO THE
WEST, VALENCIA AVENUE TO THE SOUTH, PORTIONS OF DEL
AMO AVENUE AND NEWPORT AVENUE TO THE EAST, AND
EDINGER AVENUE TO THE NORTH.
7. TUSTIN HOUSING AUTHORITY BY-LAWS
The Commissioners of the Tustin Housing Authority consider adopting By-Laws
for the recently established Tustin Housing Authority.
Recommendation: It is recommended that the Tustin Housing Authority
Commissioners approve Resolution No. HA 11-01 adopting By-Laws for the
Tustin Housing Authority.
RESOLUTION NO. HA 11-01
A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY ADOPTING
BY-LAWS IN ACCORDANCE WITH SECTION 10 OF RESOLUTION 11-
20 ADOPTED BY THE TUSTIN CITY COUNCIL ON MARCH 15, 2011.
8. REGULAR MEETING DATES OF THE CITY COUNCIL AND BOARDS OF
DIRECTORS OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY,
TUSTIN PUBLIC FINANCING AUTHORITY, AND THE COMMISSIONERS OF
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority April 19, 2011
Meeting Agenda Page 5 of 10
THE TUSTIN HOUSING AUTHORITY
Currently the regular meeting date of the Tustin Public Financing Authority is
once a year. In order to ensure maximum scheduling flexibility in addressing all
matters that the members of the City Council in their various capacities may be
required to act, it is recommended that the City Council and the governing
boards of the City's Redevelopment Agency, Financing Authority, and Housing
Authority adopt the same schedule of regular meetings.
Recommendation: Adopt the proposed "JOINT RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN AND THE BOARDS OF DIRECTORS OF
THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND TUSTIN
PUBLIC FINANCING AUTHORITY, AND THE COMMISSIONERS OF THE
TUSTIN HOUSING AUTHORITY ESTABLISHING CITY COUNCIL REGULAR
MEETING DATES AS THE REGULAR MEETING DATES OF ALL FOUR
GOVERNMENT ENTITIES".
JOINT RESOLUTION N0.11-01
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN AND THE BOARDS OF DIRECTORS OF THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY, TUSTIN PUBLIC
FINANCING AUTHORITY, AND THE COMMISSIONERS OF THE
TUSTIN HOUSING AUTHORITY ESTABLISHING CITY COUNCIL
REGULAR MEETING DATES AS THE REGULAR MEETING DATES OF
ALL FOUR GOVERNMENT ENTITIES
9. ADOPT RESOLUTION N0. 11-32 DESIGNATING CONSULTANTS IN
CONNECTION WITH THE PROPOSED ISSUANCE OF WATER REVENUE
BONDS RELATING TO WATER INFRASTRUCTURE IMPROVEMENTS
The City is considering the issuance of water revenue bonds to complete major
water infrastructure projects for the Water Enterprise Fund. Resolution No. 11-
32 designates consultants in connection with the proposed issuance of water
revenue bonds.
Recommendation: It is recommended that the City Council adopt Resolution No.
11-32 designating consultants in connection with the proposed issuance of
water revenue bonds.
RESOLUTION NO. 11-32
RESOLUTION AUTHORIZING THE COMMENCEMENT OF
PROCEEDINGS TO FINANCE IMPROVEMENTS TO THE CITY'S
MUNICIPAL WATER SYSTEM AND THE ISSUANCE OF WATER
REVENUE BONDS BY THE TUSTIN PUBLIC FINANCING AUTHORITY
FOR SUCH PURPOSES, DESIGNATING CONSULTANTS AND
AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT
THERETO
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority April 19, 2011
Meeting Agenda Page 6 of 10
10. APPROVE RIGHT OF ENTRY AGREEMENT FOR RAWLINGS RESERVOIR
REPLACEMENT PROJECT CIP 60136
Staff is recommending that the City Council approve the attached Right of Entry
Agreement between the City of Tustin (City) and Oakhurst International Inc.,
(Owner). The purpose of this Agreement is to establish the terms and conditions
to provide the basis for a Right of Entry Agreement between the City and the
Owner for the construction of the Rawlings Reservoir Replacement Project CIP
No. 60136. Staff is also recommending that the City Council approve Resolution
No. 11-31 approving Addendum No. 1 to the project's Mitigated Negative
Declaration.
Recommendation: It is recommended that the City Council approve the Right of
Entry Agreement with Oakhurst International, Inc. and authorize the Mayor and
City Clerk to execute the agreement on behalf of the City, in a form substantially
consistent with the attached and subject to approval by the City Attorney; and
also approve Addendum No. 1 to the Mitigated Negative Declaration for the
Rawlings Reservoir Replacement Project by adopting Resolution No. 11-31.
RESOLUTION NO. 11-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING ADDENDUM No. 1 TO THE MITIGATED
NEGATIVE DECLARATION FOR THE RAWLINGS RESERVOIR
REPLACEMENT PROJECT CIP 60136
11. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
ADVERTISEMENT FOR BIDS FOR THE TUSTIN RANCH IRRIGATION
UPGRADES CIP NO. 10064
Plans and specifications for the Tustin Ranch Irrigation Upgrades CIP No.
10064 have been prepared and the project is now ready to be bid.
Recommendation: It is recommended that the City Council adopt Resolution No.
11-26 approving the plans and specifications for the Tustin Ranch Irrigation
Upgrades CIP No. 10064 and authorize the City Clerk to advertise and receive
bids.
RESOLUTION NO. 11-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE
TUSTIN RANCH IRRIGATION UPGRADES CIP NO. 10064 AND
AUTHORIZING ADVERTISEMENT FOR BIDS
12. POLICE DEPARTMENT VEHICLE EXCHANGE
The Police Department currently has two older, as-used vehicles that were
rotated out of the patrol division. These two vehicles supplement our patrol fleet
and are currently used by the department's School Resource Officer,
Community Resource Officers and Police Cadets. The vehicles are 2003 Ford
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority April 19, 2011
Meeting Agenda Page 7 of 10
Crown Victorias. The department would like to retire the two existing Ford
Crown Victorias and exchange them with two 2006 Ford Crown Victorias,
recently taken out of service in the patrol division. The newer vehicles have
significantly less mileage and wear and tear than the older models and were
chosen as replacements based on recommendations of the Field Services
Maintenance Supervisor in charge of the oversight of fleet condition.
Recommendation: It is recommended that the City Council authorize:
1. The utilization of two vehicles recently rotated out of the patrol division as
replacements for two older vehicles currently in use. The two vehicles the
department would like to use include: (1) 2006 Ford Crown Victoria, VIN
#2FAFP71W66X131659, former patrol unit #3407. (2) 2006 Ford Crown
Victoria, VIN #2FAFP71W26X13660, former patrol unit #3416.
2. The Public Works/Field Services Department to dispose of the two retired
vehicles at the next available public auction and credit net proceeds to
applicable City Revenue Fund. The two retired vehicles include: (1) 2003
Ford Crown Victoria, VIN #2FAHP71WX3X171294, former unit #3493.
(2) 2003 Ford Crown Victoria, VIN #2FAHP71WX63X171292, former unit
#3496.
13. DATALUX MOBILE DATA COMPUTERS
The Police Department recently replaced outdated Datalux Mobile Data
Computers in all police vehicles. The older version mobile computers retain
value to neighboring agencies not in a fiscal position to update their equipment.
The City of La Habra Police Department has requested to purchase several of
these computers to use as parts for their current system.
Recommendation:
1. Authorize the sale of five Datalux Mobile Data Computers to the City of
La Habra Police Department.
2. Authorize funds received from this sale to be placed in the Equipment
Replacement Fund #184-00-00-3786.
14. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS
Redevelopment Agency staff provides on a monthly basis an update of
redevelopment related projects.
Recommendation: Receive and file.
15. QUARTERLY REPORT FOR AFFORDABLE HOUSING DEFAULT
REVOLVING FUND
The Cooperative Agreement between the City Council and Tustin Community
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority April 19, 2011
Meeting Agenda Page 8 of 10
Redevelopment Agency authorizing the creation of an Affordable Housing
Default Revolving Fund, requires Agency staff to provide the City Council and
Redevelopment Agency with a quarterly report detailing any default activity
within the City's Affordable Housing Program and identifying costs associated
with curing any potential defaults.
Recommendation: Receive and file.
16. TAX-DEFAULTED PROPERTY LOCATED AT 2210 BOWMAN AVENUE IN
TUSTIN
Direction from the City Council is requested for the City, on a case by case
basis, to respond to County sales of tax defaulted property within Tustin.
Approval is requested for the purchase of a tax-defaulted property located at
2210 Bowman Avenue and its addition to the City's Affordable Housing
Program.
Recommendation:
1. It is recommended that the City Council authorize the City Manager or
Assistant City Manager to proceed with the purchase of the subject
property directly from the Office of the Treasurer-Collector of Orange
County, and to execute any required documents related thereto. Any
County notices received on the sale of tax defaulted properties in Tustin
will be brought back to the Council on an individual case by case basis.
2. It is recommended that the Tustin Community Redevelopment Agency
appropriate $100,000 out of the Town Center Housing Set Aside Fund for
purchase of the subject property and that Agency staff be authorized to
market the subject unit, subject to approval of any subsequent escrow
documents and Affordable Housing Covenants and related documents by
the City Manager or Assistant City Manager, subject to review and
approval of the City Attorney or special real estate counsel to the City.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 17 through 20)
17. TRAVEL AUTHORIZATION
Councilmember Murray is requesting City Council authorization to attend the
“One Voice Two Capitols” Sacramento Advocacy Trip. This event is sponsored
by the Orange County Business Council and Association of California Cities-
Orange County. Pursuant to City Council Resolution 09-18, City Council
approval is required prior to out-of-county travel expenses. All expenses will be
reported and subject to the limitations set forth in the Resolution.
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority April 19, 2011
Meeting Agenda Page 9 of 10
18. CITY MANAGER RECRUITMENT COMMITTEE
At its April 4, 2011 meeting, the City Council appointed Mayor Pro Tem Nielsen
and Councilmember Murray to serve as the City Manager Recruitment
Committee. They have met and requested information which will be provided to
them. Their recommendation regarding the recruitment process will be
submitted to the City Council at its May 3, 2011 meeting.
19. SECOND READING AND ADOPTION OF ORDINANCE NO. 1391, SPECIFIC
PLAN AMENDMENT 11-001, IMPLEMENTING MINOR TEXT AMENDMENTS
TO THE PACIFIC CENTER EAST SPECIFIC PLAN
Specific Plan Amendment (SPA) 11-001 (Ordinance No. 1391) has been
proposed by the City of Tustin to implement minor text amendments to the
Pacific Center East Specific Plan intended to support the approved transfer of a
hotel use from Planning Area 6 to Planning Area 5 and implementing other
minor text amendments. SPA 11- 001 is administrative in nature, does not
"substantially amend" the Specific Plan, and would not increase the overall
development potential allowed by the Pacific Center East Specific Plan.
Recommendation: Have second reading by title only and adoption of Ordinance
No. 1391 (roll call vote).
ORDINANCE NO. 1391
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
ADOPTING SPECIFIC PLAN AMENDMENT (SPA) 11-001
IMPLEMENTING MINOR TEXT AMENDMENTS TO THE PACIFIC
CENTER EAST SPECIFIC PLAN
20. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
OTHER BUSINESS/COMMITTEE REPORTS – City Manager, City Attorney, City Council
ADJOURNMENT – The next meeting is scheduled for Monday, April 25, 2011 at 5:30
p.m. for the Closed Session Meeting followed by the Special Meeting at 7:00 p.m. in the
Council Chamber, 300 Centennial Way, Tustin, California.
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority April 19, 2011
Meeting Agenda Page 10 of 10