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Home My WebLink AboutCC MINUTES 2011-06-21MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY JUNE 21, 2011 CLOSED SESSION MEETING CALL TO ORDER -Meeting #2265 ATTENDANCE Present: Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers Deborah Gavello, Rebecca "Beckie" Gomez and AI Murray Absent: Mayor/Chair Jerry Amante, City Clerk: Erica Rabe, City Clerk Services Specialist Others Present: William A. Huston, Interim City Manager, and Douglas C. Holland, City Attorney PUBLIC INPUT -None 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 Louie Cadena, Claim No. 11-15 Recessed at 5:32 p.m. Reconvened at 7:03 p.m. City Council/Redevelopment Agency June 21, 2011 Minutes Page 1 of 10 JOINT CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY MEETING 7:00 P.M. ~~ ~~ CALL TO ORDER -Meeting #2265 at 7:03 p.m. INVOCATION -Warren Johnson, Orange County Fire Authority Battalion 3 PLEDGE OF ALLEGIANCE - Councilmember Gavello ROLL CALL -City Clerk Present: Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers Deborah Gavello, Rebecca "Beckie" Gomez and AI Murray Absent: Mayor/Chair Jerry Amante, 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 met in closed session on the items on tonight's closed session agenda. The Council unanimously disapproved the claim of Louie Cadena. The Council did not; otherwise, take any reportable action. PRESENTATION -Girl Scout Gold Award • Hernandez, Sarah • Lerner, Moriah • Seymour, Delia • Takashima, Nicole • Zigrang, Melissa PUBLIC INPUT -Father Baca, St. Cecilia Church -invited all to attend the festival this weekend PUBLIC HEARING ITEM (1) 1. CODE AMENDMENT 2011-03, ORDINANCE NO. 1381 REASONABLE ACCOMMODATION ORDINANCE The federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act require local governments to provide a procedure City Council/Redevelopment Agency June 21, 2011 Minutes Page 2 of 10 to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing for individuals with disabilities ("reasonable accommodation"). In addition, State Law requires the City's Housing Element to identify a plan for providing reasonable accommodation in zoning and land use. On May 24, 2011, the City of Tustin Planning Commission adopted Resolution No. 4148, recommending that the Tustin City Council approve Code Amendment 2011-03 (Ordinance No. 1381) providing a procedure for reasonable accommodation for individuals with disabilities. A presentation was given by Elizabeth Binsack, Director of Community Development The public hearing opened at 7:23 p.m. The public hearing closed at 7:23 p.m. with no comments Motion: It was moved by Councilmember Gavello seconded by Councilmember Gomez to introduce and have first reading of Ordinance No. 1381 approving Code Amendment 2011-03 by adding Section 9278 of Part 7 of Chapter 2 of Article 9 of the Tustin City Code, providing a procedure for reasonable accommodation for individuals with disabilities and set second reading at the July 5, 2011, City Council meeting. Motion carried 4-0 ORDINANCE NO. 1381 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADDING SECTION 9278 OF PART 7 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE, PROVIDING A PROCEDURE FOR REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH DISABILITIES (CODE AMENDMENT 2011-03) CONSENT CALENDAR ITEMS (2-15) It was moved by Councilmember/Agencymember Gavello and seconded by Councilmember/Agencymember Murray to pull consent items 4, 7, 8 and 9 and to approve the balance of the consent calendar items as recommended by staff. Motion carried 4-0 2. APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON JUNE 7, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council/Redevelopment Agency held on June 7, 2011 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL City Council/Redevelopment Agency June 21, 2011 Minutes Page 3 of 10 Recommendation: Approve Demands in the amount of $4,343,218.14 and Payroll in the amount of $669,817.56. 4. OFFICIAL POLICE TOWING SERVICE CONTRACT AWARD The OfFicial Police Towing Service (OPTS) Contract is up for renewal effective July 1, 2011. A Request for Proposals (RFP) process was initiated and 13 tow companies participated. After conclusion of the process, three tow companies have been selected for award of the contract, for non-exclusive towing services for the City of Tustin. The contract is for three years, with the possibility of two, two-year extensions. Public Input - • Dave Padua -Southside Towing • Wendy Papadamakis -Village Meadows Apartments • Nick Caroll -Southside Towing Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray to approve the Police Department's selection of the following three companies for the Official Police Towing Service contract, effective July 1, 2011: 1. Archie's Towing 2. Metro Pro Towing 3. Greater Southern California Towing Motion carried 4-0 5. MEETING DATE FOR APPEAL OF DESIGN REVIEW 09-033 On April 26, 2011, the Planning Commission adopted Resolution No. 4163 approving Design Review 09-033, a Request to Install and Operate a Wireless Telecommunications Facility Consisting of Three Flagpoles. This project is located at Cedar Grove Park, 11385 Pioneer Road, in the Planned Community Residential (PCR) East Tustin Specific Plan Zoning District. On May 6, 2011, Mayor Pro Tem Nielsen appealed the Planning Commission's decision. The appeal hearing is scheduled to be heard at the July 19, 2011 City Council meeting. 6. APPROVE THE ANNUAL MEASURE M AND RENEWED MEASURE M (M2) ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2011-2012 In order to maintain eligibility for funding under the Orange County Measure M and Renewed Measure M (M2) Programs, the City is required to annually ` submit a compliance package to the Orange County Transportation Authority (OCTA). City Council/Redevelopment Agency June 21, 2011 Minutes Page 4 of 10 Recommendation: It is recommended that the City Council take the following actions: 1. Adopt Resolution No. 11-45 concerning the City's Circulation Element for Master Plan of Arterial Highways consistency; and 2. Adopt the attached draft Measure M and M2 Seven-Year Capital Improvement Program (Fiscal Year 2011-2012 through Fiscal Year 2017- 2018); and 3. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M and M2 eligibility package to the Orange County Transportation Authority. RESOLUTION NO. 11-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF TUSTIN 7. ADOPT RESOLUTION NO. 11-43 DECLARING THE CITY'S INTENT TO VACATE A PORTION OF PROPERTY ADJACENT TO EL CAMINO REAL BETWEEN RED HILL AVENUE AND NEWPORT AVENUE, AND SET A PUBLIC HEARING The City received a request from property owners at 1450 EI Camino Real to purchase city property along the south side of EI Camino Real (formerly Laguna Road) to be used to expand their parking facilities. The subject city parcel and street easement is no longer needed for public roadway or utility purposes. The expanded parking facilities would ease some of the current congestion caused by vehicles queuing onto EI Camino Real as a result of the parking lot being full. Motion: It was moved by Councilmember Murray and seconded by Mayor Pro Tem Nielsen that the City Council take the following actions: 1. Adopt Resolution No. 11-43 declaring the City's intent to vacate a portion of real property adjacent to EI Camino Real and a portion of an easement between Red Hill Avenue and Newport Avenue, and 2. Set a public hearing for July 19, 2011, at 7:00 P.M. in the City Council Chambers to consider the matter. Motion carried 4-0 RESOLUTION NO. 11-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF REAL PROPERTY ADJACENT TO EL CAMINO REAL AND A PORTION OF AN EASEMENT BETWEEN RED HILL AVENUE AND NEWPORT AVENUE, AND TO SET A City Council/Redevelopment Agency June 21, 2011 Minutes Page 5 of 10 TIME AND PLACE FOR A PUBLIC HEARING THEREON 8. AWARD OF CONTRACT FOR TUSTIN RANCH IRRIGATION SYSTEM UPGRADES CIP NO. 10064 Staff is requesting that the City Council award the construction contract for the Tustin Ranch Irrigation System Upgrades CIP No. 10064 to the lowest responsive/responsible bidder. Motion: It was moved by Councilmember Gavello and seconded by Mayor Pro Tem Nielsen to award the construction contract for the Tustin Ranch Irrigation System Upgrades CIP No. 10064 to the lowest responsive/responsible bidder, American Landscape, in the amount of $1,124,286.50, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. Motion carried 4-0 9. AWARD OF CONTRACT FOR CUSTODIAL SERVICES FROM JULY 1, 2011 THROUGH JUNE 30, 2012 WITH THE OPTION OF FOUR, ONE-YEAR EXTENSIONS Staff is requesting the City Council to award a contract for custodial maintenance services at various City of Tustin buildings and park restrooms to Valley Maintenance Corporation. The contract will provide for all daily and periodic custodial needs for the Fiscal Year 2011-2012, with the option of four, one-year extensions through June 30, 2016. Motion: It was moved by Councilmember Gavello and seconded by Councilmember Murray to award the Custodial Services Contract to Valley Maintenance Corporation, in the amount of $200,892 for the period from July 1, 2011 through June 30, 2012, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. Motion carried 4-0 10. APPROVE CONTRACT FOR ANNUAL MAINTENANCE SERVICES FOR CITYWIDE TRAFFIC SIGNALS Staff has completed its review of contractor proposals and is requesting the City Council to approve an annual contract for traffic signal maintenance services to Computer Service Company (CSC). Recommendation: It is recommended that the City Council approve the contract for Annual Maintenance Services for Citywide Traffic Signals for FY 2011-2012 through FY 2015-2016 with Computer Service Company, and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. 11. APPROVE AMENDMENT NO. 2 TO A CONSULTANT SERVICES AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND PSEC, City Council/Redevelopment Agency June 21, 2011 Minutes Page 6 of 10 INC. FOR TUSTIN LEGACY ENVIRONMENTAL SERVICES Approval is requested of Amendment No. 2 to a Consultant Services Agreement between the Redevelopment Agency and Pacific States Environmental Contractors, Inc. ("PSEC") for additional environmental assessment services at Tustin Legacy. The Amendment will provide additional services related to bid specification language for underground utility installation work, soil sampling, and groundwater modeling for the Tustin Ranch Road Project and technical support for soil import criteria and Navy PERF approvals. Recommendation: It is recommended that the City Council/Members of the Board of Directors of the Tustin Community Redevelopment Agency: 1. Approve Amendment No. 2 to a Consultant Services Agreement between the City and PSEC for additional environmental support services, increasing the not to exceed amount by $63,800 to $152,785, and authorize the City Manager and/or Assistant City Manager to execute the document on behalf of the City; and 2. Appropriate $56,000 from unappropriated fund balance of the MCAS 2010 Tax Allocation Bond Proceeds Fund (561) and $7,800 from the unappropriated fund balance of the MCAS Tustin Redevelopment Fund (555) to the Tustin Ranch Road Extension CIP No. 70206 respectively, to cover associated expenses. 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 2361 Sable Tree Circle (Receptor 6), 2362 Sable Tree Circle (Receptor 7), 2361 Caper Tree Drive (Receptor 10), 2372 Caper Tree Drive (Receptor 12), 2371 Silk Tree Drive (Receptor 13), 2382 Coco Palm Drive (Receptor 18), and 2381 Apple Tree Drive (Receptor 19). Recommendation: It is recommended that the City Council and Tustin Community Redevelopment Agency: Approve the attached documents 6), 2362 Sable Tree Circle (R (Receptor 10), 2372 Caper Tree Drive (Receptor 13), 2382 Coco Apple Tree Drive (Receptor 19) Agreement and Memorandum of for 2361 Sable Tree Circle (Receptor ~ceptor 7), 2361 Caper Tree Drive Drive (Receptor 12), 2371 Silk Tree Palm Drive (Receptor 18), and 2381 including the Project Implementation Project Implementation Agreement for City Council/Redevelopment Agency Minutes June 21, 2011 Page 7 of 10 each 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 $63,355 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). 13. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS Redevelopment Agency staff provides on a monthly basis an update of redevelopment related projects. Recommendation: Receive and File. 14. TUSTIN LEGACY ENVIRONMENTAL INSURANCE The Redevelopment Agency seeks City Council authorization to solicit proposals for environmental insurance for a portion of the Tustin Legacy project. Recommendation: It is recommended that the City Council authorize the solicitation of proposals regarding environmental insurance for portions of the Tustin Legacy project. 15. AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH GRIFFIN STRUCTURES, INC. RELATED TO TUSTIN LEGACY FIRE STATION FACILITY Tustin City Council approval is requested for an amendment to a consulting services agreement for construction management services for the Tustin Legacy Fire Station Facility. Recommendation: It is recommended that the City Council approve and authorize the City Manager or Assistant City Manager to execute an amendment to the Consultant Services Agreement with Griffin Structures, Inc. (the "Consultant") for construction management services for Phase V of the Tustin Legacy Fire Station project, subject to any minor corrections as may be required by the City Attorney. REGULAR BUSINESS ITEM (16) 16. LEGISLATIVE REPORT William Huston, Interim City Manager, commented on the state budget and trailer bills; particularly the elimination of the redevelopment departments. Staff will monitor carefully. City Council/Redevelopment Agency June 21, 2011 Minutes Page 8 of 10 OTHER BUSINESS/COMMITTEE REPORTS Councilmember Gavello • Complimented Erica in the City Clerk's office • Complimented Sid in Field Services Councilmember Gomez • Attended Police Department Open House; Bone Marrow Drive was successful • Looking forward to Concerts in the Park this summer • Received feedback regarding the Old Town Merchants hosting Family Fun Night; requested a status report Councilmember Murray • Attended end of the year events at Pioneer and Ladera Elementary; complimented school staff and teachers • Attended the Association of California Cities Legislative Committee meeting • Attended Orange County Flag Day event; premier speaker Susana Martinez, Governor of New Mexico • Attended Association of California Cities Redevelopment Committee meeting • Attended Newport Bay Shed Executive Committee meeting • Attended Tustin Chamber Annual Gala • Attended the Police Department Open House; complimented Chief Jordan • Congratulated Dave Wilson for being named Melvin Jones Fellow by the Lion's Club • Thanked Dave Wilson and staff for Centennial Park • Commented on the City's new real estate search feature LoopNet Mayor Pro Tem Nielsen • Attended High Tea fundraiser at Wilcox Manor • Attended the Tustin Chamber Gala at Tustin Ranch Golf Course; congratulated Ned Smith; congratulated Business of the Year winners - DCH Tustin Acura, Francis Chiropractic and Tustin Community Foundation • Attended the Police Department Open House; congratulated Chief Jordan and staff • Attended the Orange County Flag Day event • Complimented Dave Wilson for upgrades at Centennial Park • Thanked Chief Jordan and staff for work on the tow company contracts • Looking forward to attend Fine Arts Gala at Wilcox Manor this Friday Looking forward to attend Concerts in the Park starts this Wednesday June 22; Movies in the Park to follow City Council/Redevelopment Agency June 21, 2011 Minutes Page 9 of 10 ADJOURNMENT - at 8:15 p.m. The next meeting is scheduled for Tuesday, July 5, 2011 at 4:00 p.m. for a Budget Workshop followed by the Closed Session Meeting at 5:30 p.m. and the Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, ~ w Tustin, California. PAMELA STOKER, City Clerk City Council/Redevelopment Agency June 21, 2011 Minutes Page 10 of 10