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Home My WebLink About00 AGENDA 06-16-09CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Deborah Gavello, Councilmember John Nielsen, Councilmember Jim Palmer, Councilmember JUNE 16, 2009 r 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. ~~ ~~ CALL TO ORDER -Meeting #2214 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. EXPOSURE TO LITIGATION [Govt. Code § 54856.9(b)] - 2 Cases B. INITIATION OF LITIGATION [Govt. Code § 54856.9(c)] - 2 Cases C. PROPERTY NEGOTIATIONS [Govt. Code § 54956.8] -Terms and Conditions of Purchase -One Case Property: Property identified as the Pacific Center East/Former AAE site as legally described in the RFP issued by the Agency, a copy of which is on file with the City Clerk's office Negotiators: City of Tustin - Christine Shingleton, Assistant City Manager; and Opus West -Jeff Hill 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 CITY COUNCIL MEETING 7:00 P.M. ~~ ~~ CALL TO ORDER -Meeting #2214 INVOCATION -Rev. Christopher Pham, St. Cecilia's Church PLEDGE OF ALLEGIANCE -Mayor Pro Tem Amante NATIONAL ANTHEM -Brittany Taylor, 2009 Miss Tustin ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland PRESENTATIONS • Proclamation presented by Mayor Davert to Catherine Watters, 2008 Miss Tustin • Certificates of Recognition presented by Mayor Davert to OC Marathon Kids Run participants • Presentation by Orange County Transportation Authority regarding on update on CCC MIS Project PUBLIC HEARING ITEMS A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Community Redevelopment Agency related to land use or fees. (City Council Agenda Items 1 and 2) 1. PUBLIC HEARING: CONSIDERATION OF THE LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2009-2010 City Council Meeting June 16, 2009 Agenda Page 2 of 8 The City Council will conduct a public hearing and, provided there is no majority protest adopt Resolution No. 09-35 confirming the annual assessments for Fiscal Year 2009-2010. The City Council, at their meeting of January 20, 2009, adopted Resolution No. 09-05, which ordered the preparation of an Engineer's Report for the levy of annual assessments for the Tustin Landscape and Lighting District. Subsequently, at their meeting of May 19, 2009, the City Council adopted the following resolutions: • Resolution No. 09-26 approved the Engineer's Report for Fiscal Year 2009- 2010; and • Resolution No. 09-27 declared the City Council's intention to levy assessments for Fiscal Year 2009-2010 and set a public hearing for June 16, 2009. Recommendations: 1.a. Conduct a public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2009-2010; and 1.b. Adopt resolution. RESOLUTION NO. 09-35 - 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 2009-2010 2. PUBLIC HEARING: REVISIONS TO HOUSING ELEMENT OF THE GENERAL PLAN AMENDMENT (GPA 09-001) The Housing Element sets forth the City's strategy to preserve and enhance the community's character, expand housing opportunities for the City's various economic segments, and provide policy guidance for local decision making related to housing. The City is mandated by the State to revise its Housing Element to include recent available data. On June 17, 2008, the City Council adopted the Housing Element Update as required by State Law. Following the adoption, the State Department of Housing and Community Development recommended revisions to the adopted Housing Element to comply with State Housing Element Law. Those revisions have been made and the City now proposes to adopt revisions to the adopted Housing Element. On March 24, 2009, the Planning Commission considered this item and recommended that the City Council approve the revisions to the Housing Element. City Council Meeting June 16, 2009 Agenda Page 3 of 8 Recommendation: Adopt resolution. RESOLUTION NO. 09-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING GENERAL PLAN AMENDMENT (GPA) 09-001, REVISING THE ADOPTED TUSTIN HOUSING ELEMENT IN COMPLIANCE WITH STATE LAW 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 3 through 12) 3. APPROVAL OF MINUTES -SPECIAL AND REGULAR MEETINGS OF JUNE 2, 2009 Recommendation: Approve the Minutes of the Special and Regular City Council Meetings held on June 2, 2009. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $1,584,204.26; $36,969.94; $1,086,197.97; and $2,084,628.69; and Payroll in the amount of $756,682.14. 5. PLANNING ACTION AGENDA -JUNE 9, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. City Council Meeting June 16, 2009 Agenda Page 4 of 8 6. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND AREAS WITH SPECTRUMCARE LANDSCAPE & IRRIGATION MANAGEMENT, INC. Authorize the fourth and final contract amendment with SpectrumCare Landscape & Irrigation Management, Inc. (SpectrumCare) to extend the agreement for landscape maintenance services within the General Fund areas for Fiscal Year 2009/2010. Additionally, the amendment includes added landscape maintenance services associated with the following new areas/facilities; Pasadena Well, Edinger Avenue median from Newport Avenue to Del Amo Avenue, and the new Tustin Library. Recommendation: Approve the fourth and final amendment to the existing agreement with SpectrumCare Landscape & Irrigation Management, Inc. for landscape maintenance services and authorizes the Mayor and City Clerk to execute the amendment on behalf of the City. 7. AUTHORIZE CONTRACT AMENDMENT FOR ANNUAL CUSTODIAL SERVICES WITH DIAMOND CONTRACT SERVICES, INC. Authorize the third and final contract amendment with Diamond Contract Services, Inc. to extend the existing agreement for custodial services an additional one year term for Fiscal Year 2009/2010. Recommendation: Approve the third and final amendment to the existing agreement with Diamond Contract Services, Inc. for custodial services and authorize the Mayor and City Clerk to execute the amendment on behalf of the City. 8. AWARD OF CONTRACT FOR THE HEATING, VENTILATING, REFRIGERATION AND AIR CONDITIONING SYSTEMS MAINTENANCE AND REPAIR PROGRAM FOR FISCAL YEAR 2009/2010 Award of a contract for the Heating, Ventilating, Refrigeration and Air Conditioning (HVAC) Systems Maintenance and Repair Program for all City Facilities. The contract will provide for all HVAC maintenance and repairs for FY 2009/2010, with an option for additional one-year extensions through June 30, 2014. Recommendation: Award the Heating, Ventilating, Refrigeration and Air Conditioning Systems Maintenance and Repair Contract, for Fiscal Year 2009/2010 to Barr Engineering, Inc., in the amount of $15,854.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. City Council Meeting June 16, 2009 Agenda Page 5 of 8 9. ANNUAL MEASURE M ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2009-2010 In order to maintain Measure M eligibility, the City is required to annually submit a compliance package to the Orange County Transportation Authority (OCTA). Recommendations: 9.a. Adopt resolution; RESOLUTION NO. 09-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF TUSTIN 9.b. Adopt draft Measure M Growth Management Program Seven-Year Capital Improvement Program (Fiscal Year 2009-2010 through Fiscal Year 2015-2016); and 9.c. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M GMP and CMP eligibility packages to the Orange County Transportation Authority. 10. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE The League's 2009 Annual Conference is scheduled for September 16-18. An important part of the Annual Conference is the Annual Business Meeting, scheduled for Friday, September 18. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, the City Council must designate a voting and alternate delegate. Recommendation: Consistent with League bylaws, appoint Jerry Amante as Voting Delegate and Doug Davert as Alternate for the League of California Cities' Annual Business Meeting. 11. CANCELLATION OF AUGUST 18, 2009 CITY COUNCIL MEETING The regularly scheduled City Council meeting of August 18, 2009 is being recommended for cancellation since there will not be a quorum of the City Council members. Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting of August 18, 2009. The City Council hereby waives notice of said meeting as required by Government Code Section §54954. City Council Meeting June 16, 2009 Agenda Page 6 of 8 12. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM (EECBG) The Energy Efficiency and Conservation Block Grant (EECBG) Program is a new program created in late 2007 and funded for the first time through the American Recovery and Reinvestment Act (ARRA). The program provides funding for local governments, states, territories and Indian tribes, to support projects that reduce energy use, decrease fossil fuel emissions, and improve energy efficiency in all sectors, including transportation. Recommendation: Receive and file. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 13 and 14) 13. APPROPRIATING FUNDS FOR VARIOUS CITY BUDGETS AND APPROPRIATION LIMIT FOR THE FISCAL YEAR 2009/2010 The City Council is requested to approve the attached Resolution adopting the budgets for the City and the Water Enterprise for Fiscal Year 2009/2010. Also, Article XIII B of the State Constitution requires each City to adopt annually a limit on appropriations for all governmental funds. The following recommendation and attached worksheets are based on the Proposed Budget as presented to the City Council. Recommendations: 13.a. Approve Resolution No. 09-36 adopting the City budget and appropriating from the anticipated revenues of the City for fiscal year 2009/2010 Governmental Funds of $90,009,798; Special Revenue Funds, $31,853,760; and the Water Enterprise Funds, $13,657,646; and the City's FY 2009/2010 Classification/Compensation Plan; RESOLUTION NO. 09-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 2009-2010 13.b. Select the change in the California per Capita Personal Income as the price factor for adjusting the 2009/2010 appropriations limit; and 13.c. Adopt Resolution No. 09-37 setting the appropriation limit for Fiscal Year 2009/2010 at $63,937,481. City Council Meeting June 16, 2009 Agenda Page 7 of 8 RESOLUTION NO. 09-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2009- 2010 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE 14. LEGISLATIVE REPORTS Council may request that staff prepare 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, July 7, 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. Adjourn Meeting in Memory of Noah Krom City Council Meeting June 16, 2009 Agenda Page 8 of 8