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Home My WebLink About00 CC AGENDA 3-6-12CITY OF TUSTIN MARCH 6, 2012 REGULAR MEETING OF THE ,.; ~ ~ COUNCIL CHAMBER CITY COUNCIL ~= ~ " ~ 300 CENTENNIAL WAY, TUSTIN :, r ~~ .. AI Murray, Mayor Pro Tem Jerry Amante, Councilmember John Nielsen, Mayor Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER -Meeting #2284 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: 1. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] -Two Cases 2. CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] -Two Cases 3. EXISTING LITIGATION (Three cases) • Tustin Unified School District v. City of Tustin et al., Case No. 30-2010- 00345476, Orange County Superior Court • City of Tustin v. Tustin Unified School District et al., Case No. 30-2011- 501073; Orange County Superior Court • T-Mobile West Corporation v. City of Tustin, et al, United States District Court, Central District of California, Case No. SACV11-1854 JVS (RNBx) 4. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 NOTE: As required by Senate Silt 343, any non-conftdentiat writings or documents provided to a majority of the City Council members regarding any item on this agenda wilt be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. • Consideration of claim of Pearl Shiffman, claim no. 11-28 • Consideratian of claim of Emmanuel Alcozer, claim no. 11-37 • Consideration of claim of Eloise Gutierrez on behalf of her minors, claim no. 12-04 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) • Property Address/Description: A portion of Parcel 1 of Tract 16696 and a portion of Parcel 1 as shown on Record of Survey No 99-1048 Agency: City of Tustin City Negotiators: Christine Shingleton, Assistant Executive Director and Amy Freilich, Special Counsel Negotiating Parties: Vestar/Kimco Tustin, L.P., represented by Allan Kasen and Jeff Axtell. Under Negotiation: Price and terms of payment CITY COUNCIL MEETING 7:00 P.M. CALL TO ORDER -Meeting #2284 INVOCATION -Mayor Nielsen PLEDGE OF ALLEGIANCE - Councilmember Amante ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney David E. Kendig PRESENTATION • Quiet Zone, Orange County Transportation Authority - Director/Mayor of Orange Carolyn Cavecche 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 March 6, 2012 Regular Meeting Agenda Page 2 of 9 PUBLIC HEARING ITEM 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 Item 1) CODE AMENDMENT 2012-001, DRAFT ORDINANCE NO. 1411 -MINOR ZONING TEXT AMENDMENT Draft Ordinance No. 1411 would standardize the way Zoning Districts are referenced throughout the Zoning Code to ensure additional consistency with the City Council-approved Zoning Map and also make other minor corrections to the Tustin Zoning Code. On February 14, 2012, the Tustin Planning Commission adopted Resolution 4187 recommending that the Tustin City Council approve Cade Amendment 2012-001. Recommendation: That the Tustin City Council introduce and have first reading of Ordinance No. 1411, approving Code Amendment 2012-001, implementing minor text amendments to the Tustin City Code to provide consistency within the Tustin Zoning Map and other minor corrections (Attachment A); and, set the matter for second reading at the Council's March 20, 2012 meeting. ORDINANCE NO. 1411 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, IMPLEMENTING MINOR TEXT AMENDMENTS TO THE TUSTIN CITY CODE TO PROVIDE ADDITIONAL CONSISTENCY WITH THE TUSTIN ZONING MAP 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 2 through 12) 2. APPROVAL OF MINUTES -REGULAR MEETING OF CITY COUNCIL HELD ON FEBRUARY 21, 2012 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 21, 2012. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Cade Section 37208 to expedite the payment of City of Tustin obligations that are in accordance with City Council March 6, 2012 Regular Meeting Agenda Page 3 of 9 the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amount of $671,437.06 and Demands in the amount of $902,139.17. 4. FY2011 URBAN AREAS SECURITY INITIATIVE (UASI) GRANT The City of Santa Ana, in its capacity as a Care City for the Anaheim/Santa Ana Urban Area, has applied for, received and accepted a grant entitled "FY 2011 Urban Areas Security Initiative" (UASI). This grant is from the federal Department of Homeland Security, Federal Emergency Management Agency, through the State of California Emergency Management Agency. It is intended to enhance countywide emergency preparedness, and to help the Operational Area prevent, respond to, and recover from acts of terrorism, as set forth in the grant guidelines and assurances that are incorporated into this Agreement by reference. The Office of Grants and Training has awarded $7,421,142 to the City of Santa Ana for use in the Anaheim/Santa Ana Urban Area, for the term of December 14, 2011, through March 31, 2014. The funds are now available for distribution throughout the Operational Area, and the City of Tustin, as aSub-Recipient, is authorized to participate in the grant funding. Recommendation: That the City Council: 1. Adopt Resolution 12-19, designating the Chief of Police or his designee as the City's authorized representative for the FY11 UASI grant. 2. Approve the FY 2011 UASI Transfer Agreement between the City of Santa Ana and the City of Tustin. RESOLUTION NO. 12-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY'S AUTHORIZED REPRESENTATIVE FOR THE FY 2011 URBAN AREAS SECURITY INITIATIVE (UASI) 5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS -PHASE 1 CIP NO. 40079 AND THE TRAFFIC SIGNAL CONTROLLER EQUIPMENT UPGRADE/REPLACEMENTS - PHASE 1 CIP NO. 40080 The plans and specifications for both the traffic signal Battery Backup .System Installations - Phase 1 CIP No. 40079 and the Controller Equipment UpgradeslReplacements -Phase 1 CIP No. 40080 have been prepared and are ready to be bid. City Council March 6, 2012 Regular Meeting Agenda Page 4 of 9 Recommendation: That the City Council adopt Resolution No. 12-18 approving the plans and specifications for the Battery Backup System Installations - Phase 1 CIP No. 40079 and the Traffic Signal Controller Equipment Upgrades/Replacements -Phase 1 CIP No. 40080, and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 12-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS - PHASE 1 CIP NO. 40079 AND THE TRAFFIC SIGNAL CONTROLLER EQUIPMENT UPGRADES/REPLACEMENTS - PHASE 1 CIP NO. 40080, AND AUTHORIZING ADVERTISEMENT FOR BIDS 6. AWARD CONTRACT FOR THE RAWLINGS RESERVOIR REPLACEMENT - PHASE II CONSTRUCTION PROJECT CIP 60136 Staff is requesting that the City Council award the construction contract far the Rawlings Reservoir Replacement -Phase II Construction Project CIP 60136 to the lowest responsive/responsible bidder. Recommendation: That the City Council award the construction contract for the Rawlings Reservoir Replacement -Phase II Construction Project CIP 60136 to the lowest responsive/responsible bidder, Pacific Hydrotech Corporation, in the amount of $10,782,420.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 7. APPROVE A CONSULTANT SERVICES AGREEMENT WITH WILLDAN HOMELAND SOLUTIONS FOR EMERGENCY OPERATIONS TRAINING FOR CITY STAFF Staff is requesting City Council approve a Consultant Services Agreement with Willdan Homeland Solutions to provide Emergency Operations Center (EOG) training for City staff. Recommendation: That the City Council approve a consultant services agreement with Willdan Homeland Solutions in an amount not to exceed $42,593 to provide emergency operations training far city staff, and authorize the Mayor and City Clerk to execute the Agreement an behalf of the City. $. RESOLUTION NO. 12-23 APPROVING AND ADOPTING THE UPDATED ORANGE COUNTY REGIONAL WATER AND WASTEWATER MULTI- HAZARD MITIGATION (HAZMIT) PLAN A HAZMIT Plan is apre-disaster strategic plan written to identify mitigation City Council March 6, 2012 Regular Meeting Agenda Page 5 of 9 actions that can reduce the impact of natural and manmade hazards such as fire, flood, earthquakes, landslides, etc. on critical water and wastewater facilities. Agencies with an approved HAZMIT plan become eligible to apply far Federal Emergency Management Agency (FEMA) grants, which can be used for emergency preparedness or response measures developed before and after disasters. Recommendation: That the City Council adopt Resolution 12-23 approving and adopting the Updated Orange County Regional Water and Wastewater Multi- Hazard Mitigation (HAZMIT) Plan as it relates to Tustin Water Facilities. RESOLUTION NO. 12-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING AND ADOPTING THE UPDATED ORANGE COUNTY REGIONAL WATER AND WASTEWATER MULTI-HAZARD MITIGATION (HAZMIT) PLAN AS IT RELATES TO CITY WATER FACILITIES 9. APPROVAL OF A CONSULTANT SERVICES AGREEMENT WITH CONSENSYS PROPERTY MANAGEMENT TO PROVIDE PROPERTY MANAGEMENT SERVICES City Council approval is requested of a Consultant Services Agreement with Consensys Property Management to provide property management services at 14741 and 14751 Newport Avenue. Recommendation: That the City Council authorize the Gity Manager to execute a Consultant Services Agreement with Consensys Property Management to provide property management services for City-owned properties located at 14741 and 14751 Newport Avenue. 10. APPOINTMENT OF OVERSIGHT BOARD MEMBERS BY TUSTIN MAYOR AB 1x26 requires that each Successor Agency to a former redevelopment agency have an Oversight Board. Oversight Board members must be appointed and members shall be reported to the California Department of Finance on or before May 1, 2012 pursuant to the reformation actions taken by the California Supreme Court in its decision upholding the "Dissolution Act." Recommendation: That by minute action, the City Council concur with the Mayor's appointment of the following individuals to the Oversight Board for the Successor Agency to the Tustin Community Redevelopment Agency: Jerry Amante, representing the city that formed the redevelopment agency and Matt West, representing the employees of the former Tustin Community Redevelopment Agency. City Council March 6, 2012 Regular Meeting Agenda Page 6 of 9 11. SET INTERVIEW DATE FOR COMMISSION SEATS: PLANNING COMMISSION AND COMMUNITY SERVICES COMMISSION Due to term expirations, staff is requesting that the City Council set a date and time to conduct interviews to fill vacancies on the Planning Commission and Community Services Commission. Recommendation: That interviews and selection of commissioners be scheduled for 4:30 p.m. on Tuesday, April 3, 2012. 12. REVISED LUCE FORWARD CONTRACT FOR DEVELOPMENT OF A GOVERNANCE STRUCTURE FOR THE TUSTIN LEGACY PROJECT Approval is requested for changes to Consultant Services Agreement (CSA) originally reviewed by the City Council at its regular meeting of January 3, 2012 to provide professional services to assist the City in development of a governance structure in its limited executive master developer role for the Tustin Legacy Project. Recommendation: That the City Council: 1. Authorize the City Manager or Assistant Executive Director to execute the attached revised GSA with Luce, Forward, Hamilton, & Scripps, LAP (Luce Forward), subject to any insurance changes approved by the City's Risk Manager and any non-substantive modifications as may be deemed necessary by the City Attorney prior to execution of the CSA. 2. Approve a Waiver of Conflict of Interest. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 13 through 14) 13 SECOND READING AND ADOPTION OF ORDINANCE NO. 1415, PLANNING COMMISSION AUTHORITY Through the Legislature's adoption of Assembly Bill No. 26 (AB X1 26), all California redevelopment agencies have been dissolved. The proposed ordinance would authorize the Tustin Planning Commission to serve as the decision making body for land use entitlement actions that implement the General Plan and for which the former Tustin Community Redevelopment Agency is designated in any statute, ordinance, or specific plan as the decision making authority. City Council March 6, 2012 Regular Meeting Agenda Page 7 of 9 Recommendation: Have second reading by title only and adoption of Ordinance No. 1415 (roll call vote). ORDINANCE NO. 1415 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADDING SECTION 1518 OF PART 1 OF CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE, PROVIDING THAT THE PLANNING COMMISSION SHALL HAVE DECISION MAKING AUTHORITY FOR LAND USE ENTITLEMENT ACTIONS IMPLEMENTING THE GENERAL PLAN THAT WERE PREVIOUSLY UNDER THE JURISDICTION OF THE FORMER TUSTIN COMMUNITY REDEVELOPMENT AGENCY 14. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS/COMMITTEE REPORTS RECESS TO CLOSED SESSION 6. LABOR NEGOTIATIONS • Agenc~Negotiators: Employee Organization Employee Organization Employee Organization [Government Code Section 54957.6 Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Tustin Municipal Employees Association (TM EA) Tustin Police Officers Association (TPOA) Tustin Police Support Service Association {TPSSA) Emp loy ee Org anization: Tustin Police Management Association (TPMA) Emp lo y e Or"g e anizatian: Part-Time Unrepresented Employees Emp loy ee Org anization: Unrepresented Confidential Employees Em ploy ee Org anization: Unrepresented Supervisory Emp loy ee Org anization: Executive Management and Management RECONVENE IN OPEN SESSION CLOSED SESSION REPORT City Council March 6, 2012 Regular Meeting Agenda Page 8 of 9 ADJOURNMENT -The next regular meeting is scheduled for Tuesday, March 20, 2012 at 5:30 for Closed Session Meeting followed by the Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council March 6, 2012 Regular Meeting Agenda Page 9 of 9