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Home My WebLink About00 CITY COUNCIL AGENDA 01-20-09CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Deborah Gavello, Councilmember John Nielsen, Councilmember Jim Palmer, Councilmember JANUARY 20, 2009 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN William A. Huston, City Manager Douglas Holland, City Attorney Doug Davert, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. 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. The following items were received for the January 20, 2009 meeting. (Agenda Items A through C) CALL TO ORDER -Meeting #2203 ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS A. Exposure to Litigation [Government Code Section 54856.9(b)] -Two Cases B. Initiation of Litigation [Government Code Section 54856.9(c)] -Two Cases C. Property Negotiations Terms and Conditions of Purchase [Government Code Section 54956.8] -One Case Property: Property defined within the Master Developer footprint at Tustin Legacy (the former Marine Corps Air Station Tustin) including Reuse Plan Disposal Parcels 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, 25, 26, 27, 28, 29, 30, 31 and portions of Reuse Plan Disposal Parcel 40. City Negotiators: Christine Shingleton, Assistant City Manager Negotiators for TLCP: Simon Whitmey and Colm Macken, representatives for Tustin Legacy Community Partners (TLCP) 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. REGULAR BUSINESS MEETING 7:00 P.M. ~~ - ~~ CALL TO ORDER -Meeting #2203 INVOCATION -Councilmember Palmer PLEDGE OF ALLEGIANCE -Councilmember Nielsen ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney PRESENTATION -Orange County Human Relations Council to present Annual Report and Certificate of Recognition to the City of Tustin 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, you may wish to wait until the Council considers that item. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine by the City Council 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 1 through 9) 1. APPROVAL OF MINUTES -REGULAR MEETING OF JANUARY 6, 2009 Recommendation: Approve the Minutes of Regular City Council Meeting held on January 6, 2009. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Reversals in the amount of $5,292.09; Demands in the amounts of $792,793.88 and $737,942.47; and Payroll in the amount of $1,076,505.46 City Council Meeting January 20, 2009 Agenda Page 2 of 6 3. PLANNING ACTION AGENDA -JANUARY 13, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. 4. ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2009-2010 Resolution No. 09-05 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2009-2010. The purpose of the Engineer's Report is to set forth findings and the engineering analysis to levy assessments in the Tustin Landscape and Lighting District for the 2009-2010 Fiscal Year. Recommendation: Adopt resolution. RESOLUTION NO. 09-05 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING .DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2009-2010 5. AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION / INTERCONNECT SYSTEM AT PORTOLA PARKWAY /ALLEN /CITRUS RANCH PARK (CIP NO. 4026); THE TRAFFIC SIGNAL MODIFICATION / UPGRADE AT IRVINE BOULEVARD AND PROSPECT AVENUE (CIP NO. 4052); AND THE TRAFFIC SIGNAL INSTALLATION / INTERCONNECT SYSTEM AT TUSTIN RANCH ROAD AND GREENWAY DRIVE /ADAMS DRIVE (CIP NO. 4075) Bids for said project have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder. Recommendations: 5.a. Find the bid of Pro Tech Engineering Corporation to be non-responsive; and 5.b. Award the construction contract to KDC, Inc. DBA Dynalectric, the lowest responsive/responsible bidder, in the amount of $633,835.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. City Council Meeting January 20, 2009 Agenda Page 3 of 6 6. AWARD OF CONTRACT FOR THE NEWPORT AVENUE MEDIAN MODIFICATIONS AT ANDREWS STREET AND MAIN STREET (CIP NO. 4072); THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY 2008-2009 (CIP NO. 7001); AND THE ANNUAL SIDEWALK REPAIR PROJECT, FY 2008-2009 (PROJECT NO. 402-6235) Bids for said project have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder. Recommendation: Award the construction contract for the Newport Avenue Median Modifications at Andrews Street and Main Street (CIP No. 4072); the Annual Major Pavement Maintenance Project, FY 2008-2009 (CIP No. 7001); and the Annual Sidewalk Repair Project, FY 2008-2009 (Project No. 402-6235) to Hardy & Harper, Inc., the lowest responsive/responsible bidder, in the amount of $1,109,000.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 7. QUARTERLY INVESTMENT REPORT -DECEMBER 31, 2008 Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. 8. FISCAL YEAR 2008 -URBAN AREA SECURITY INITIATIVE (UASI) GRANT The City of Anaheim, acting through the Anaheim Police Department in its capacity as the core city for the North Orange County Urban Area, under the FY08 Urban Area Security Initiative (UASI), has applied for received and accepted certain grants entitled "FY08 Urban Areas Security Initiative". The funding comes from the Federal Emergency Management Agency Grant Programs Directorate (formerly named the Department of Homeland Security, Office of Grants and Training), through the State of California, Office of Homeland Security, to enhance countywide emergency preparedness. Terms of the grant require that Anaheim use certain grant funds to purchase equipment, technology or services that will be transferred to jurisdictions within the operational area. The City of Tustin, as a part of the operational area, is entitled to participate in the grant to enhance the City's emergency preparedness. Recommendation: Authorize the City of Tustin to receive from the City of Anaheim equipment, technology and services, including replacement of Personal Protective Equipment for all first responders, EOC upgrades, interoperable communications and data sharing technology, and continual City Council Meeting January 20, 2009 Agenda Page 4 of 6 training and exercises; and authorize the Chief of Police to sign any grant related paperwork on behalf of the City. 9. APPOINT DON ROPELE TO FILL VACANCY ON THE TUSTIN AREA SENIOR CENTER FUND, INC. City Council action is required to appoint Mr. Don Ropele to the Tustin Area Senior Center Fund, Inc. Pursuant to its Articles of Incorporation and its by- laws, the Tustin Area Senior Center Fund, Inc., consist of five (5) Directors. Due to the resignation of Mary Hill from the Board of Directors, a vacancy currently exists. As per the by-laws, any vacancy may be filled by appointment of the City Council. Recommendation: Appoint Mr. Don Ropele, an active community volunteer, to the Board of Directors of the Tustin Area Senior Center Fund, Inc. REGULAR BUSINESS ITEMS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 10 through 13) 10. SET INTERVIEW DATE FOR COMMISSION SEATS: COMMUNITY SERVICES COMMISSION AND PLANNING 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 Community Services Commission (formerly Parks and Recreation), and the Planning Commission. Recommendation: Pleasure of the City Council. 11. FISCAL YEAR 2008-2009 MID-YEAR BUDGET REVIEW The following is staffs review of the City's first six months of operations under the adopted FY 2008-09 Budget, projecting revenues and expenditures through the fiscal year end. The recommendations made to the City Council in this report will ensure that the budget will be balanced for the remainder of the fiscal year and City Council's reserve policy will be met. A PowerPoint presentation will be presented at the City Council's budget workshop that will highlight key figures and assumptions. Recommendation: Approve the following adjustments to the authorized FY 2008-09 Budget: City Council Meeting January 20, 2009 Agenda Page 5 of 6 a. Approve a supplemental appropriation of $408,550 from the unappropriated reserves of the Tustin Legacy Enterprise Funds to cover the cost of additional consultant services. b. Approve a supplemental appropriation of $71,000 from the unappropriated reserves of the Tustin Street Lighting Fund to cover the costs of the installation of additional dry utilities. c. Approve a supplemental appropriation of $743,100 from the unappropriated reserves of the Water Enterprise Fund for various operational expenses: Imported Water costs $701,400; Meter Reading related costs $41,700. 12. REQUEST FOR ADDITIONAL WORK AT CITRUS RANCH PARK Staff received a request from Councilmember Gavello to increase the scope of work at Citrus Ranch Park (CIP No. 2046) with the additional work to include the construction of a north meadow perimeter walkway and a concrete access staircase to the top of the citrus grove. Recommendation: Pleasure of the City Council. 13. LEGISLATIVE REPORTS -MISCELLANEOUS Council may request that staff prepare informational reports, and/or letters of support/opposition on legislative matters that are time-sensitive and not agendized. Recommendation: Pleasure of the City Council. OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next meeting of the City Council is scheduled for Tuesday, February 3, 2009 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council Meeting January 20, 2009 Agenda Page 6 of 6