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
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Consideration of Claim of Satya Devalraju, Claim No. 11-07
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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
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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
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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:
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Reconsider appointment of Kim Leason
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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
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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