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HomeMy WebLinkAbout00 CC AGENDA 6-7-11CITY OF TUSTIN JUNE 7, 2011 JOINT REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL AND REDEVELOPMENT 300 CENTENNIAL WAY, TUSTIN AGENCY 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 #2264 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 Satya Devalraju, Claim No. 11-07 ? Consideration of Claim of Rudy Alvarez, Claim No. 11-14 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) 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. 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)] – One Case ? Tustin Unified School District v. City of Tustin et al., Case No. 30-2010- 00345476, Orange County Superior Court JOINT CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY MEETING 7:00 P.M. CALL TO ORDER – Meeting #2264 INVOCATION – Jeff Hetschel, Orange County Fire Authority, Battalion 5 PLEDGE OF ALLEGIANCE – Councilmember Murray ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney Douglas C. Holland PRESENTATION ? TCP Essay/Poster contest winners 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. City Council/Redevelopment Agency June 7, 2011 Meeting Agenda Page 2 of 10 PUBLIC HEARING ITEMS 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 Items 1-2) 1. CONDUCT PUBLIC HEARING AND ADOPT BY RESOLUTION NO. 11-41 THE 2010 URBAN WATER MANAGEMENT PLAN The California Urban Water Management Planning Act of 1983 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. Recommendation: It is recommended that the City Council conduct a public hearing, respond to public comments, and adopt by Resolution No. 11-41 the City's 2010 Urban Water Management Plan. RESOLUTION NO. 11-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING THE CITY OF TUSTIN 2010 URBAN WATER MANAGEMENT PLAN PURSUANT TO CALIFORNIA WATER CODE SECTIONS 10610 THROUGH 10656 2. PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2011-2012 At the 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 was completed and approved by the City Council at their May 3, 2011 meeting. The City Council also declared its intention to levy annual assessments and set a public hearing for June 7, 2011. The City Council will conduct a public hearing and, provided there is no majority protest, adopt Resolution No. 11-42 confirming the annual assessments for Fiscal Year 2011-2012. Recommendation: It is recommended that the City Council take the following actions: 1. Conduct a public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2011-2012; and City Council/Redevelopment Agency June 7, 2011 Meeting Agenda Page 3 of 10 2. Adopt Resolution No. 11-42 confirming the annual assessments for Fiscal Year 2011-2012. RESOLUTION NO. 11-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2011-2012 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 3 through 17) 3. APPROVAL OF MINUTES – REGULAR MEETING OF JOINT CITY COUNCIL/REDEVELOPMENT AGENCY/TUSTIN PUBLIC FINANCING AUTHORITY HELD ON MAY 17, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council/Redevelopment Agency/Tustin Public Financing Authority held on May 17, 2011 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,133,167.37 and Payroll in the amounts of $710,323.26 and $648,128.20. 5. CROSSING GUARD PROGRAM CONTRACT RENEWAL The crossing guard contract with All City Management Services, Inc. is up for renewal for the 2011 - 2012 school year. Recommendation: Approve and execute an amendment of the existing contract entered into on August 4, 2009, between All City Management Services, tnc. and the City of Tustin in order to provide 14,148 hours of school crossing guard service for the 2011 -12 school year. 6. APPROVE AGREEMENT FOR INDEPENDENT AUDIT SERVICES The City sent Request for Proposals (RFP) to independent certified public accounting firms to audit its financial statements through the fiscal year ending June 30, 2013, with the option of auditing its financial statements for each of the two subsequent fiscal years. The Audit Commission reviewed the RFP's submitted and selected Diehl, Evans & Company, LLC (Diehl Evans) as the firm City Council/Redevelopment Agency June 7, 2011 Meeting Agenda Page 4 of 10 that should complete the auditing services. Recommendation: It is recommended, based on the advisement of the Audit Commission, that the City Council contract with Diehl Evans as the independent certified public accounting firm to audit its financial statements through the fiscal year ending June 30, 2013, with the option of auditing its financial statements for each of the two subsequent fiscal years. Staff also requests Council approve and authorize the City Manager to execute an agreement subject to the City Attorney's approval, between the City and Diehl Evans for the services recommended. 7. AWARD CONTRACT FOR THE MITCHELL AVENUE/UTT DRIVE PEDESTRIAN ENHANCEMENTS PROJECT CIP 40073 Staff is requesting that the City Council award the construction contract for the Mitchell Avenue/Utt Drive Pedestrian Enhancements Project CIP 40073 to the lowest responsive/responsible bidder. Recommendation: That the City Council award the construction contract for the Mitchell Avenue/Utt Drive Pedestrian Enhancements Project CIP 40073 to the lowest responsive/responsible bidder, PTM General Engineering Services, Inc., in the amount of $72,070.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 8. AWARD CONTRACT FOR THE MITCHELL AVENUE STORM DRAIN PROJECT CIP 50035 Staff is requesting that the City Council award the construction contract for the Mitchell Avenue Storm Drain Project CIP 50035 to the lowest responsive/responsible bidder and appropriate $267,312 from the un- appropriated reserves of the Gas Tax Fund to the project, pending final CDBG FY 2011-2012 allocation from United States Department of Housing and Urban Development (HUD). Recommendation: That the City Council: 1. Appropriate $267,312 from the un-appropriated reserves of the Gas Tax Fund; and 2. Award the construction contract for the Mitchell Avenue Storm Drain Project CIP 50035 to the lowest responsive/responsible bidder, GCI Construction, Inc., in the amount of $724,618.55, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 9. AWARD CONTRACT FOR THE RAWLINGS RESERVOIR REPLACEMENT - PHASE I DEMOLITION PROJECT CIP 61036 Staff is requesting that the City Council award the construction contract for the Rawlings Reservoir Replacement - Phase I Demolition Project CIP 60136 to the City Council/Redevelopment Agency June 7, 2011 Meeting Agenda Page 5 of 10 lowest responsive/responsible bidder, and appropriate $900,000 from the un- appropriated Bond proceeds in the Water Capital Fund to the project. Recommendation: That the City Council: 1. Appropriate $900,000 from the un-appropriated Bond proceeds in the Water Capital Fund to the Rawlings Reservoir Replacement Project CIP 60136 to cover the costs of the Phase I Demolition Project, Construction Management Services, asbestos and lead paint abatement oversight compliance, and additional geotechnical/engineering services required for the Phase II design modifications; and 2. Award the construction contract for the Rawlings Reservoir Replacement - Phase I Demolition Project CIP 60136 to the lowest responsive/responsible bidder, Insight Environmental, Engineering & Construction, Inc., in the amount of $499,786.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 10. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE TUSTIN RANCH ROAD EXTENSION PHASE 1 FROM WALNUT AVENUE TO WARNER AVENUE GRADING AND STORM DRAIN PROJECT (CIP NO. 70100 & 70206) The plans and specifications for Tustin Ranch Road Extension Phase 1 from Walnut Avenue to Warner Avenue Grading and Storm Drain Project (CIP No. 70100 and 70206) have been substantially completed, pending final approval of the Project Environmental Review Form (PERF) T-012 and applicable portions of plans and specifications pertaining to the PERF by the Department of the Navy. Recommendation: That the City Council adopt Resolution No. 11-40 approving the plans and specifications for the Tustin Ranch Road Extension Phase 1 from Walnut Avenue to Warner Avenue Phase 1 Grading and Storm Drain Project (CIP No. 70100 and 70206) and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 11-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN RANCH ROAD EXTENSION PHASE 1 FROM WALNUT AVENUE TO WARNER AVENUE GRADING AND STORM DRAIN PROJECT (CIP NO. 70100 AND 70206), AND AUTHORIZING ADVERTISEMENT FOR BIDS 11. APPROVE REIMBURSEMENT AGREEMENT WITH THE ORANGE COUNTY SANITATION DISTRICT FOR SEWER MANHOLE REHABILITATION AND SEWER PIPE REPAIRS A portion of the work to be performed under this year's Annual Roadway and City Council/Redevelopment Agency June 7, 2011 Meeting Agenda Page 6 of 10 Public Infrastructure Maintenance Program CIP No. 70001 is road rehabilitation on Red Hill Avenue from north of Barranca Parkway to Valencia Avenue. The proposed Reimbursement Agreement between the City of Tustin and the Orange County Sanitation District (OCSD) provides for the OCSD to reimburse the City for sewer manhole rehabilitation on the District's Gisler-Red Hill Trunk Sewer within Red Hill Avenue. The agreement also provides for the City to reimburse the OCSD for repairs to the sewer system previously constructed by the City under the Newport Avenue/SR 55 Northbound Ramp Reconfiguration Project CIP No. 70130. Recommendation: It is recommended that the City Council approve the Reimbursement Agreement with the Orange County Sanitation District for sewer manhole rehabilitation on Red Hill Avenue and sewer repairs for the Newport Avenue/SR 55 Northbound Ramp Reconfiguration Project CIP No. 70130, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 12. APPROVE HOMEOWNER AGREEMENTS AND MEMORANDA FOR CERTAIN PROPERTIES IN CONJUNCTION WITH THE TUSTIN RANCH ROAD EXTENSION PROJECT BETWEEN WALNUT AVENUE AND VALENCIA AVENUE (CIP No. 70100) Staff is recommending that the City Council and the Tustin Community Redevelopment Agency approve certain agreements associated with the required applicable noise mitigation measures as identified in the Final Supplement #1 to the Final EIS/EIR for the Tustin Ranch Road Extension Project CIP No. 70100 & 70206 on or adjacent to the property located at 2351 Fig Tree Drive (Receptor 1) and 2371 Caper Tree Drive (Receptor 11). Recommendation: It is recommended that the City Council and Tustin Community Redevelopment Agency: 1. Approve the attached documents for 2351 Fig Tree Drive (Receptor 1) including the Project Implementation Agreement; Memorandum of Project Implementation Agreement; and Agreement to Enter, Construct, and Permanently Convey Sound Wall, and the attached documents for 2371 Caper Tree Drive (Receptor 11) including the Project Implementation Agreement and Memorandum of Project Implementation Agreement, and authorize the Mayor, the City Manager/Executive Director or the Assistant City Manager/Assistant Executive Director to execute the agreement on behalf of the City and Agency, in a form substantially consistent with the attached and subject to approval by the City Attorney; and 2. Appropriate $3,600 from unappropriated funds from the CFD 06-01 Fund (435) to the Tustin Ranch Road Extension Project Capital Improvement Program Fund between Walnut Avenue and Valencia Avenue (CIP No. 70100). City Council/Redevelopment Agency June 7, 2011 Meeting Agenda Page 7 of 10 13. COOPERATIVE AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE SENIOR TRANSPORTATION PROGRAM AT THE TUSTIN AREA SENIOR CENTER By entering into the attached Cooperative Agreement with the Orange County Transportation Authority (OCTA), the City will be eligible for Senior Mobility Program (SMP) funding that will subsidize the existing senior transportation program at the Tustin Area Senior Center. Currently, this program is fully funded by the City of Tustin general fund. Recommendation: Staff recommends that the City Council execute Cooperative Agreement No. C-1-2620, between the Orange County Transportation Authority and the City of Tustin, thereby enrolling the City in the Senior Mobility Program (SMP), which will partially fund the senior transportation program at the Tustin Area Senior Center (TASC). 14. CONSULTANT SERVICES AGREEMENT FOR A STRUCTURAL ENGINEERING ASSESSMENT OF THE STEVENS SQUARE PARKING STRUCTURE Approval is requested of a Consultant Services Agreement to conduct a structural engineering assessment of the Stevens Square Parking Structure. Recommendation: It is recommended the Tustin Community Redevelopment Agency approve a Consultant Services Agreement with Critical Structures, Inc. to conduct a structural engineering assessment of the structural stability and architectural and deferred maintenance needs of the Stevens Square Parking Structure located at 445 South C Street, subject to any non-substantive modifications as may be determined necessary as recommended by the City Attorney, and authorize the Executive Director and/or Assistant City Manager to execute the document on behalf of the City. 15. EXTENSION OF THE TUSTIN AUTO CENTER MERCHANT'S ASSOCIATION LEASE Approval is requested to proceed with preparation of a Lease Amendment with the Tustin Auto Center Merchant's Association to extend their existing lease of City of Tustin real property adjacent to the Tustin Auto Center. Recommendation: It is recommended the City Council authorize staff to complete a Lease Amendment with the Tustin Auto Center Merchant's Association which would extend their existing Lease with the City for real property adjacent to the Tustin Auto Center and direct staff to subsequently return to the City Council with the final Lease Amendment for Council review and approval. 16. APPROVE GRANT OF EASEMENT TO ORANGE COUNTY FLOOD CONTROL DISTRICT FOR PETERS CANYON CHANNEL IMPROVEMENTS City Council/Redevelopment Agency June 7, 2011 Meeting Agenda Page 8 of 10 Authorization is requested for the City to grant a non-exclusive easement to the Orange County Flood Control District (OCFCD) on Lot BQ of Tract Map 16582, for construction of transition facilities for the Peters Canyon Channel and the future regional bikeway trail within the City of Irvine. Lot BQ is on the east side of Peters Canyon Channel just north of Warner Avenue adjacent to the Columbus Grove development. Recommendation: It is recommended that the City Council approve the Grant of Easement for Flood Control (F06-304) for improvements to the Peters Canyon Channel, subject to any minor modifications to the easement document that may be necessary, as may be reviewed and required by the City Attorney and the City's special legal real estate counsel, and; authorize the City Manager or Assistant City Manager to execute the Grant of Easement for Flood Control (F06-304). 17. LEASE AGREEMENT-DIGITAL PHOTOCOPIERS In 2006, the City Council approved a 60-month lease and maintenance agreement for seven photocopiers: three for City Hall's reproduction room; one for Human Resources/City Clerk Departments, one for Community Development/Public Works Departments; one for Field Services, and one by the Building/Planning counter area. That lease agreement will expire on June 14, 2011. Recommendation: That the City Council authorize the City Manager to execute a 60-month lease, maintenance and supply agreement with Xerox for seven digital photocopiers in the approximate annual amount of $45,030 and an additional copier to be located in the Finance Department for an approximate annual amount of $1,320. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 18 through 19) 18. APPOINTMENT OF AUDIT COMMISSIONER At its March 15, 2011 meeting, the City Council appointed Audit Commissioners to fill vacancies created by term expirations of three Audit Commissioners. With the reappointment of Richard Hilde, no vacancies remained for a commissioner residing outside Tustin but within the area served by the Tustin Water Department. The City Council may: ? Reconsider appointment of Kim Leason ? Direct staff to accept applications and set date for Audit Commissioner interviews City Council/Redevelopment Agency June 7, 2011 Meeting Agenda Page 9 of 10 ? Other Recommendation: Pleasure of the Council. 19. LEGISLATIVE REPORT – SENATE BILL (SB) 730 SB 730 would require the California Energy Commission to develop a pilot program to streamline the permitting of electric vehicle charging infrastructure and conduct consumer education. SB 730 has been significantly amended since being introduced, and its potential impact on local jurisdictions has been minimized. A copy of SB 730 is included as Attachment A to this report. Recommendation: That the City Council direct staff to monitor SB 730. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT – The next meeting is scheduled for Tuesday, June 21, 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. ADJOURN IN THE MEMORY OF THOMAS L. WOODRUFF City Council/Redevelopment Agency June 7, 2011 Meeting Agenda Page 10 of 10