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Home My WebLink About05 CC Action Agenda 5-3-11ITEM #5 •~Y O G ~: i ,, ~ ~ ~' Report to the ~s~• Planning ~omrr~ission -- DATE: MAY 10, 2011 SUBJECT: CITY COUNCIL ACTION AGENDA MAY 3, 2011 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS: CITY COUNCIL ACTION AGENDA MAY 3, 2011 ACTION AGENDA OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, REDEVELOPMENT AGENCY TUSTIN PUBLIC FINANCING AUTHORITY AND TUSTIN HOUSING AUTHORITY MAY 3, 2011 CLOSED SESSION MEETING CALL TO ORDER -Meeting #2262 at 5:35 p.m. ATTENDANCE Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem/Vice Chair John Nielsen, and Councilmembers/Agencymembers/Commissioners Rebecca "Beckie" Gomez and AI Murray Absent: Councilmember/Agencymember/Commissioner Deborah Gavello City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: William A. Huston, Interim City Manager, and Douglas C. Holland, City Attorney PUBLIC INPUT - Charles Kasner 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 Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association (TPOA) City Council/Redevelopment Agency/ Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011 Action Agenda Page 1 of 10 Em plo yee Org anization: Tustin Police Support Service Association (TPSSA) Em plo yee Org anization: Tustin Police Management Association (TPMA) Em plo 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 Recessed at 5:49 p.m. Reconveyed at 7:09 p.m. JOINT CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY, TUSTIN PUBLIC FINANCING AUTHORITY AND TUSTIN HOUSING AUTHORITY MEETING 7:00 P.M. CALL TO ORDER -Meeting #2262 at 7:09 p.m. 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 Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem/Vice Chair John Nielsen, and Councilmembers/Agencymembers/Commissioners Rebecca "Beckie" Gomez and AI Murray Absent: Councilmember/Agencymember/Commissioner Deborah Gavello City Clerk: Pamela Stoker Others Present: William A. Huston, Interim City Manager, and Douglas C. Holland, City Attorney City Council/Redevelopment Agency/ Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011 Action Agenda Page 2 of 10 CLOSED SESSION REPORT -City Attorney Douglas C. Holland The City Council denied the claims of Robert Nguyen and Byron Hsieh and approved the claim of Donald Topjian in its entirety. Otherwise, no reportable action was taken. PRESENTATIONS • 2011 Miss Tustin Court; Miss Tustin 2010 Sarah Salazar • Divine Choices, Claire Heath and Eric Turkel • National Days of Remembrance proclamation It was moved by Councitmember Gavello and seconded by Councilmember Gomez to move item 13 forward. Motion carried 5-0 ORAL COMMUNICATION/PUBLIC INPUT • Jonathan Abelove • Lori Abelove • Diane Wesco • Matt Fletcher • Ned Smith • Andrew Giel • Connor Fromknecht • Francine Scinto • James Laird Recessed at 8:11 p.m. Reconvened at 8:14 p.m. REGULAR BUSINESS ITEM 13 (out of order) 13. SECOND READING AND ADOPTION OF ORDINANCE NO. 1400 ENACTING REVISIONS TO THE GRADING AND EXCAVATION CODE PROVISIONS 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. City Council/Redevelopment Agency/ Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011 Action Agenda Page 3 of 10 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. Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray to have second reading by title only and adopt Ordinance No. 1400 (roll call vote). Public Input: • Francine Scinto • Charles Kasner Motion carried 3-2 (Councilmembers Gavello and Gomez dissenting) 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. CONSENT CALENDAR ITEMS 1-9 It was moved by Councilmember/Agencymember/Commissioner Murray and seconded by Councilmember/Agencymember/Commissioner Gavello to pull consent items 1, 4, 6, and 8 and to approve the balance of the consent calendar items as recommended by staff. Motion carried 5-0 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 Motion: It was moved by Councilmember/Agencymember/Commissioner Gomez and seconded by Councilmember/Agencymember/Commissioner Murray to add wording to item #5 of the April 19, 2011 Council meeting reflecting permanent backup systems both onsite and offsite for records destroyed and 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 Motion carried 5-0 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL City CounciURedevelopment Agency/ Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011 Action Agenda Page 4 of 10 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 LIGHTING DISTRICT AND SET A PUBLIC HEARIN LEVYING FISCAL YEAR 2011-2012 ASSESSMENTS LANDSCAPE AND G TO CONSIDER 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. Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Gavello that the City Council adopt the following resolutions: 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. Motion carried 5-0 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 City Council/Redevelopment Agency/ Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011 Action Agenda Page 5 of 10 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. Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Gavello 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. Motion carried 5-0 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. City Council/Redevelopment Agency/ Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011 Action Agenda Page 6 of 10 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. Motion: It was moved by Agencymember Gavello and seconded by Chair Pro Tem Nielsen 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. 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). Motion carried 5-0 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 City Council/Redevelopment Agency/ Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011 Action Agenda Page 7 of 10 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 10-13 10. CITY MANAGER RECRUITMENT Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray to continue this item to its May 17, 2011 meeting. Motion carried 5-0 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. Motion: It was moved by Councilmember/Agencymember Murray and seconded by Mayor Pro Tem/Chair Pro Tem Nielsen 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 City Council/Redevelopment Agency/ Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011 Action Agenda Page 8 of 10 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. Motion carried 4-1 (Councilmember Gavello dissenting) 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. None. OTHER BUSINESS/COMMITTEE REPORTS Councilmember Murray • Attended Orange County Vector Control budget workshop • Attended Planning Commission and performed swearing in of Ken Eckman as new commissioner • Attended meetings regarding upcoming Chili Cookoff and fair • Met with Assemblyman Don Wagner to discuss local issues • Complimented Doug Stack regarding Tustin Ranch Road construction and curb work; mentioned contractor's efficiency including safety, cones and timeliness Mayor Pro Tem Nielsen • Attended Orange County Fire Authority Board of Directors special meeting • Attended Orange County Council of Governments Board of Directors meeting • Congratulated AI Murray on retirement as police lieutenant from the Irvine Police City CounciURedeveiopment Agency/ Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011 Action Agenda Page 9 of 10 Department for 35 years of service Mayor Amante • Congratulated AI Murray for service to community • Informed that former Mayor Doug Davert inducted as first elected official in Orange County Sanitation District Honor Walk • Stated that former Mayor Doug Davert was appointed inaugural and first chair of OCFA Foundation • Attended Orange County Business Council roast for Supervisor Campbell • Attended pancake breakfast and Easter Egg breakfast; congratulated Community Foundation for event and all they do in community ADJOURNED at 9:33 p.m. -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 BURRY City CounciURedevelopmentRgency/ Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011 Action Agenda Page 10 of 10