HomeMy WebLinkAboutCC MINUTES 2011-05-03MINUTES
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 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: 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
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011
Minutes Page 1 of 10
D. LABOR NEGOTIATIONS
Agency Negotiators:
Emp lo yee Org anization:
Emp lo vee Org anization:
Emp lo yee Org anization:
Emp lo yee Org anization:
Emp lo vee Org anization:
Emp lo yee Org anization:
Emp lo yee Org anization:
Emp lo yee Org anization:
[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)
Part-Time Unrepresented Employees
Unrepresented Confidential Employees
Unrepresented Supervisory
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 TemNice Chair
John Nielsen, and Councilmembers/Agencymembers/Board
Members/Commissioners Deborah Gavello, Rebecca "Beckie" Gomez
City Council/Redevelopment Agency/
Tustin Public Financing AuthoritylTustin Housing Authority May 3, 2011
Minutes Page 2 of 10
and AI Murray
Absent: None
~* City Clerk: Pamela Stoker
Others Present: William A. Huston, Interim City Manager, and Douglas C. Holland,
~+ City Attorney
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 Councilmember Gavello and seconded by Councilmember Gomez to
move item 13 forward.
Motion carried 5-0
ORAL COMMUNICATION/PUBLIC INPUT -
• Jonathan Abelove
• Laurie Abelove
• Diane Lefko
• Matt Fletcher
• Ned Smith
• Andrew Giel
• Conner 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
City Council/Redevelopment Agency/
Tustin Public Financing AuthoritylTustin Housing Authority May 3, 2011
Minutes Page 3 of 10
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.
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/Board Member/Commissioner Murray
and seconded by Councilmember/Agencymember/Board Member/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
1. APPROVAL OF MINUTES - REGULAR MEETING OF JOINT CITY
COUNCIUREDEVELOPMENT 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/Board
Member/Commissioner Gomez and seconded by
Councilmember/Agencymember/Board Member/Commissioner Murray to add
wording to item #5 of the April 19, 2011 Council meeting reflecting permanent
backup systems are in place both onsite and offsite for records destroyed and
approve the Action Minutes of the Regular Meeting of the Joint City
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011
Minutes Page 4 of 10
Council/Redevelopment Agency/Tustin Public Financing AuthoritylTustin
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
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 OfFcer Lillian
Champ is industrially disabled from performing the duties of her position.
RESOLUTION NO. 11-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA FINDING THAT LILLIAN CHAMP, A LOCAL SAFETY MEMBER,
IS INDUSTRIALLY DISABLED FROM HER DUTIES AS A POLICE OFFICER
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.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Gavello that the City Council adopt the following resolutions:
1. 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
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011
Minutes Page 5 of 10
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.
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
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011
Minutes Page 6 of 10
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
irrw 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.
Motion: It was moved by Agencymember Gavello and seconded by Chair Pro
Tem Nielsen that the Board of Directors of the Tustin Redevelopment Agency:
1. 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
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011
Minutes Page 7 of 10
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
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.
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011
Minutes Page 8 of 10
Presentation by Director of Finance Pamela Arends-King
Motion: It was moved by Councilmember/Board Member Murray and seconded
by Mayor Pro Tem/Vice Chair 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
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/Board Member 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
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority
Minutes
May 3, 2011
Page 9 of 10
Councilmember Murray
• Attended Orange County Vector Control budget workshop
• Attended Planning Commission meeting 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
Department for 35 years of service
Mayor Amante
• Congratulated AI Murray for service to community
• Informed that former Mayor Doug Davert was inducted as the first elected official in
the Orange County Sanitation District Honor Walk
• Stated that former Mayor Doug Davert was appointed inaugural and first chair of
Orange County Fire Authority 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 the 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 BURBY
P ELA STOKER,
City Clerk
...r
City Council/Redevelopment Agency/
Tustin Public Financing Authority/Tustin Housing Authority May 3, 2011
Minutes Page 10 of 10