HomeMy WebLinkAbout00 CC AGENDA 05-03-11CITY OF TUSTIN
JOINT REGULAR MEETING OF THE
CITY COUNCIL, REDEVELOPMENT
AGENCY, TUSTIN PUBLIC FINANCING
AUTHORITY AND TUSTIN HOUSING
AUTHORITY
John Nielsen, Mayor Pro Tem
Deborah Gavello, Councilmember
Rebecca "Beckie" Gomez, Councilmember
AI Murray, Councilmember
MAY 3, 2011
COUNCIL CHAMBER
• 300 CENTENNIAL WAY, TUSTIN
~_-; .
,.
William A. Huston, Interim City Manager
Douglas Holland, City Attorney
Jerry Amante, Mayor Pamela Stoker, City Clerk
George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
~¢ ~~
CALL TO ORDER -Meeting #2262
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 Robert Nguyen, Claim No. 11-01
• Consideration of Claim of Byron Hsieh, Claim No. 11-03
• Consideration of Claim of Donald Topjian, Claim No. 11-08
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.
Em plo yee Or ganization: Tustin Municipal Employees Association (TMEA)
Em plo yee Org anization: Tustin Police Officers Association (TPOA)
Em plo yee Org anization: Tustin Police Support Service Association
(TPSSA)
Em plo yee Org anization: Tustin Police Management Association (TPMA)
Emp lo yee Org anization: Part-Time Unrepresented Employees
Emp lo yee Org anization: Unrepresented Confidential Employees
Emp lo yee Org anization: Unrepresented Supervisory
Emp lo yee Org anization: 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 #2262
INVOCATION -Rabbi Eliezrie, Chabad Jewish Center of Tustin
PLEDGE OF ALLEGIANCE -Miss Tustin 2011 Courtney Trouten
NATIONAL ANTHEM -Miss Tustin 2010 Sarah Salazar
ROLL CALL -City Clerk
CLOSED SESSION REPORT -City Attorney Douglas C. Holland
PRESENTATIONS
• 2011 Miss Tustin Court; Miss Tustin 2010 Sarah Salazar
• Divine Choices, Claire Heath
• National Days of Remembrance
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011
Meeting Agenda Page 2 of 8
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.
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 1 through 9)
APPROVAL OF MINUTES - REGULAR MEETING OF JOINT CITY
COUNCIL/REDEVELOPMENT AGENCY/TUSTIN PUBLIC FINANCING
AUTHORITY/TUSTIN HOUSING AUTHORITY HELD ON APRIL 19, 2011;
SPECIAL MEETING OF THE CITY COUNCIL HELD ON APRIL 25, 2011
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council/Redevelopment Agency/Tustin Public Financing
Authority/Tustin Housing Authority held on April 19, 2011 and Special Meeting
of the City Council held on April 25, 2011
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,186,853.46 and
Payroll in the amount of $ 869,552.30.
3. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF LILLIAN CHAMP
Recommendation: Adopt Resolution No. 11-34 finding that Police Officer Lillian
Champ is industrially disabled from performing the duties of her position
4. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER
LEVYING FISCAL YEAR 2011-2012 ASSESSMENTS
At their February 15, 2011 meeting, the City Council ordered the preparation of
an Engineer's Report for the Levy of Annual Assessments for the Tustin
Landscape and Lighting District. The Engineer's Report has now been
completed and is ready for City Council approval. Additionally, it is requested
that the City Council declare its intention to levy annual assessments and set a
public hearing for June 7, 2011.
Recommendation: That the City Council adopt the following resolutions:
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011
Meeting Agenda Page 3 of 8
Resolution No. 11-35 approving the Engineer's Report for the Tustin
Landscape and Lighting District for Fiscal Year 2011-2012; and
2. Resolution No. 11-36 declaring its intention to levy annual assessments
for Fiscal Year 2011-2012 and setting a public hearing for June 7, 2011.
RESOLUTION NO. 11-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2011-2012
RESOLUTION NO. 11-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN
ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2011-2012 FOR
THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC
LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH
AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
AND PROPOSITION 218 AND GIVING NOTICE THEREOF
5. SET PUBLIC HEARING FOR 2010 URBAN WATER MANAGEMENT PLAN
The California Urban Water Management Planning Act requires the City to
develop and adopt an Urban Water Management Plan (UWMP) every five (5)
years. It requires urban water suppliers providing water for municipal services of
more than 3,000 connections or 3,000 acre-feet of water production annually, to
prepare, conduct a public hearing and adopt a plan in accordance with the
prescribed requirements of the Act. Staff is requesting the City Council set the
public hearing for Tuesday, June 7, 2011.
Recommendation: That the City Council set a public hearing for 7:00 p.m. on
Tuesday, June 7, 2011, to respond to public comments, accept and adopt the
City's 2010 Urban Water Management Plan.
6. ADOPT RESOLUTON 11-37 TO APPROVE THE SUBMITTAL OF MEASURE
M2 TIER 1 ENVIRONMENTAL CLEANUP PROGRAM PROJECT
APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY
City Council adoption of Resolution No. 11-37 will approve submittal of the
City's project application for Renewed Measure M funds (Measure M2) under
the Environmental Cleanup Allocation Program, Tier 1 Grant Program. The City
has prepared a project application to include the installation of 52 catch basin
inserts and 100 automatic retractable catch basin screens for a total cost of
$134,857.
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011
Meeting Agenda Page 4 of 8
Recommendation: That the City Council adopt Resolution No. 11-37 approving
the submittal of the project application to the Orange County Transportation
Authority (OCTA) for funding under the Renewed Measure M Environmental
Cleanup Allocation Program, Tier 1 Grant Program 2011 Call for Projects.
RESOLUTION NO. 11-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
AUTHORIZING AN APPLICATION SUBMITTAL TO OCTA FOR FUNDS
FOR THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM
UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE
NUMBER 3 FOR THE INSTALLATION OF AUTOMATIC
RETRACTABLE CATCH BASIN SCREENS & CATCH BASIN INSERTS
IN TUSTIN PROJECT.
7. ADOPT RESOLUTION NO. 11-38 DESIGNATING THE CITY'S AUTHORIZED
AGENTS FOR STATE AND FEDERAL DISASTER ASSISTANCE
APPLICATIONS
The California Emergency Management Agency (CaIEMA) requires a current
City resolution on file to process state and federal disaster assistance claims.
Recommendation: That the City Council Adopt Resolution No. 11-38
designating the City Manager, the Finance Director and the Public Works
Director as the City's authorized agents for state and federal disaster assistance
applications.
RESOLUTION NO. 11-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA DESIGNATING THE CITY'S AUTHORIZED AGENTS FOR
STATE AND FEDERAL DISASTER ASSISTANCE APPLICATIONS
8. APPROVE CONSULTANT SERVICES AGREEMENT FOR CONSTRUCTION
MANAGEMENT SERVICES FOR THE TUSTIN RANCH ROAD PROJECT (CIP
70100 & 70206)
Approval of the subject Consultant Services Agreement will provide necessary
construction management services for the Tustin Ranch Road Project and also
will enable the City to move forward with pre-construction activities including a
final constructability review prior to the upcoming bid process for the project.
Recommendation: That the Board of Directors of the Tustin Redevelopment
Agency:
Approve the Consultant Services Agreement (CSA) with Parson
Transportation Group, Inc. ("Parsons") for Construction Management
services for the Tustin Ranch Road Project (CIP No. 70100 & 70206) and
authorize the Executive Director or the Assistant Executive Director of
the Redevelopment Agency to execute the Agreement on behalf of the
City, subject to approval as to form by the City Attorney.
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011
Meeting Agenda Page 5 of 8
2. Appropriate $1,882,075 from unappropriated funds in the MCAS 2010
Tax Allocation Bond Proceeds Fund (561) to the Tustin Ranch Road
Extension Project Capital Improvement Program Fund of which
$1,129,245 shall be transferred to the CIP facility covering that portion of
the project between Walnut Avenue and Valencia Avenue (CIP No.
70100), and $752,830 shall be transferred to the CIP facility covering that
portion of the project between Valencia Avenue and Warner Avenue (CIP
No. 70206).
9. APPROVAL OF AMENDMENT NO. 3 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. 3 to a Consultant Services Agreement
for Tustin Legacy backbone infrastructure between the City and Hunsaker &
Associates to provide additional engineering services related to infrastructure
and grading design requirements for Tustin Ranch Road roadway
improvements and mapping services related to the City's Disposition Strategy
and Business Plan
Recommendation: That the City Council/Members of the Board of Directors of
the Tustin Community Redevelopment Agency:
Approve Amendment No. 3 to a Consultant Services Agreement for
certain Tustin Legacy engineering design services between the City and
Hunsaker & Associates, increasing the not to exceed amount by
$101,700 to $724,450, and authorize the City Manager and/or Assistant
City Manager to execute the document on behalf of the City; and
2. Appropriate $42,700 from unappropriated funds in CFD 06-01 Fund (435)
and $59,000 from MCAS Tustin Redevelopment Revenue Fund (555)
into the Tustin Ranch Road Extension Project Capital Improvement
Program Fund (CIP No. 70206) and Redevelopment Agency operating
account 555- 35-00-6010, respectively to cover associated expenses.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 10 through 13)
10. CITY MANAGER RECRUITMENT
Recommendation: That the City Council continue this item to its May 17, 2011
meeting.
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011
Meeting Agenda Page 6 of 8
11. ISSUANCE OF WATER REVENUE BONDS BY THE TUSTIN PUBLIC
FINANCING AUTHORITY
Approval by the Tustin Public Financing Authority ("TPFA") and the City of
Tustin ("City") is requested to authorize the issuance and sale of Water
Revenue Bonds, 2011 Series A ("Bonds") in an aggregate principal amount not
to exceed $22 million to finance water system improvements, primarily the
replacement of the Rawlings Reservoir and the Tustin Avenue Well.
Recommendation: It is recommended that:
1. The TPFA adopt TPFA Resolution 11-02 authorizing the issuance and sale
of bonds by the TPFA to finance various Water Enterprise capital projects,
approving the form of related documents and authorizing all actions
necessary to consummate the issuance and sale of the bonds.
a. Indenture of Trust;
b. Installment Sale Agreement;
c. Bond Purchase Agreement; and
d. Preliminary Official Statement.
2. The City Council adopt City Council Resolution 11-39 approving the
issuance and sale of the bonds to finance various water enterprise capital
projects.
a. Installment Sale Agreement;
b. Bond Purchase Agreement; and
c. Preliminary Official Statement.
TPFA RESOLUTION NO. 11-02
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF WATER
REVENUE BONDS TO FINANCE IMPROVEMENTS TO THE CITY OF
TUSTIN'S MUNICIPAL WATER ENTERPRISE AND APPROVING
RELATED DOCUMENTS AND OFFICIAL ACTIONS
CITY OF TUSTIN RESOLUTION NO. 11-39
RESOLUTION APPROVING PROCEEDINGS TO FINANCE
IMPROVEMENTS TO THE CITY'S MUNICIPAL WATER SYSTEM,
APPROVING THE ISSUANCE OF WATER REVENUE BONDS BY THE
TUSTIN PUBLIC FINANCING AUTHORITY FOR SUCH PURPOSES
AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS
12. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
13. SECOND READING AND ADOPTION OF ORDINANCE NO. 1400 ENACTING
REVISIONS TO THE GRADING AND EXCAVATION CODE PROVISIONS
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011
Meeting Agenda Page 7 of 8
On November 17, 2003, the City of Tustin adopted Ordinance No. 1275
establishing the City's Water Quality Ordinance and Ordinance No. 1280
repealing and adopting the City's Grading and Excavation Ordinance. These
ordinances were enacted to implement Regional Water Quality Control Board
regulations as required by State and federal law.
Adoption of this Ordinance will ensure clarity as to the City of Tustin's
requirements for issuance of grading permits and compliance with water quality
requirements as required by state and federal law thereby allowing the City to
protect the public health, safety, and welfare. On April 25, 2011, the City Council
had first reading by title only and introduced Ordinance No. 1400.
Recommendation: Have second reading by title only and adopt Ordinance No.
1400 (roll call vote).
ORDINANCE NO. 1400
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, REPEALING SUBSECTION 6 A OF SECTION 8906 AND
AMENDING SUBSECTION F OF SECTION 8924 OF THE TUSTIN CITY
CODE RELATING TO GRADING AND EXCAVATION.
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
ADJOURNMENT -The next meeting is scheduled for Tuesday, May 17, 2011 at 5:30
p.m. for the Closed Session Meeting followed by the Regular Meeting at 7:00 p.m. in the
Council Chamber, 300 Centennial Way, Tustin, California.
ADJOURNED IN THE MEMORY OF
JORDAN BURBY
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011
Meeting Agenda Page 8 of 8