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Home My WebLink About00 CC AGENDA 02-01-11CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY John Nielsen, Mayor Pro Tem Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember AI Murray, Councilmember FEBRUARY 1, 2011 • COUNCIL CHAMBER ' 300 CENTENNIAL WAY, TUSTIN David C. Biggs, City Manager Douglas Holland, City Attorney Jerry Amante, Mayor Pamela Stoker,:.. City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. ~~ ~~ CALL TO ORDER -Meeting #2255 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. LABOR NEGOTIATION; Agency Negotiators: Employee Organization: Employee Organization: Employee Organization: Employee Organization: 3 [Government Code Section 54957.6] Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Tustin Municipal Employees Association (TMEA) Tustin Police Officers Association (TPOA) Tustin Police Support Service Association (TPSSA) Tustin Police Management Association (TPMA) 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 ofFce located at 300 Centennial Way, Tustin, CA during normal business hours. Emg lo vee Org anization: Part-Time Unrepresented Employees Emp lo yee Org anization: Unrepresented Confidential Employees Emg lo vee Org anization: Unrepresented Supervisory Emg lo vee Org anization: Executive Management and Management JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. CALL TO ORDER -Meeting #2255 INVOCATION - Mayor Amante PLEDGE OF ALLEGIANCE -Mayor Pro Tem Nielsen ROLL CALL -City Clerk CLOSED SESSION REPORT -Assistant City Attorney Eggart PRESENTATIONS • BEST (Building Excellence ~ Shaping Tomorrow) Award for the Tustin Library presented by George Alvarez, City Engineer, City of Santa Ana, and Immediate Past President of the Southern California Chapter of the America Public Works Association • Sharon Nicola, former Tustin librarian • Tustin Area Historical Society (Bill Teter) and Guy Ball, author of "Images of America: 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 item, you may wish to wait until the Council considers that item. 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) City Council/Redevelopment Agency February 1, 2011 Meeting Agenda Page 2 of 10 1. URGENCY ORDINANCE NO. 1392 ENACTING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF TATTOO ESTABLISHMENTS Proposed Urgency Ordinance No. 1392 is an interim urgency measure to enact a temporary moratorium on the establishment and operation of tattoo establishments within the City for a period of 45 days. The ordinance would prohibit the establishment or operation and the issuance of permits or any other entitlements for tattoo establishments pending the completion of a study analyzing potential Code amendments to establish land use regulations, development standards, and operational regulations necessary to protect the public health, welfare, or safety from impacts associated with or implicated by use of property for tattoo establishments. Following a noticed public hearing, the City Council may extend the ordinance pursuant to Government Code Section 65858. Recommendation: That the City Council adopt Urgency Ordinance No. 1392 by at least afour-fifths vote. ORDINANCE NO. 1392 AN INTERIM URGENCY ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ENACTING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF TATTOO ESTABLISHMENTS WITHIN THE CITY OF TUSTIN FOR A PERIOD OF 45 DAYS PENDING A STUDY OF LAND USE REGULATIONS PURSUANT TO GOVERNMENT CODE SECTION 65858. (4/5ths Vote Required) 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 14) 2. APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON JANUARY 18, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on January 18, 2011. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $5,681,210.52 and Payroll in the amount of $661,483.51. 4. QUARTERLY INVESTMENT REPORT City Council/Redevelopment Agency February 1, 2011 Meeting Agenda Page 3 of 10 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. 5. AMENDMENT NO. 6 TO AGREEMENT REGARDING RIDES AND CONCESSIONS AT TUSTIN TILLER DAYS Amendment No. 6 would extend the term of the Agreement Regarding Rides and Concessions at Tustin Tiller Days and the Tustin Street Fair and Chili Cook- Off with "O" Entertainment for three years. The Amendment provides for an increase in the compensation the City will realize from ticket sales and rental vendor booth spaces and includes carnival worker background screening. Recommendation: That the City Council approve the attached Amendment No. 6 to the Agreement between the City and "O" Entertainment. 6. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PARK PLAYGROUND EQUIPMENT PURCHASE AND INSTALLATION AT CENTENNIAL PARK (CIP No. 20065) This project includes the purchase and installation of playground equipment and ADA required playground surfacing and a ramp. Recommendation: That the City Council approve Resolution No. 11-06, approving specifications for the purchase and installation of new playground equipment at Centennial Park (CIP No. 20065), and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 11-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PARK PLAYGROUND EQUIPMENT PURCHASE AND INSTALLATION AT CENTENNIAL PARK (CIP No. 20065) 7. COMMUNICATIONS SITE LICENSE AGREEMENT WITH MetroPCS NETWORKS CALIFORNIA, LLC FOR EXISTING WIRELESS FACILITIES AT TUSTIN SPORTS PARK (12850 ROBINSON DRIVE) Approval is requested for a Communication Site License Agreement between the City and MetroPCS Networks California, LLC (Licensee), to be located within the Tustin Sports Park. Recommendation: That the City Council authorize the City Manager to execute the attached Communications Site License Agreement with MetroPCS City Council/Redevelopment Agency February 1, 2011 Meeting Agenda Page 4 of 10 Networks California, LLC, a Delaware limited liability company, subject to any non-substantive modifications as may be deemed necessary by the City Attorney prior to execution of the Agreement. 8. AFFORDABLE HOUSING DEFAULT REVOLVING FUND FOR CITY AND AGENCY AFFORDABLE HOUSING UNITS AT RISK OF FORECLOSURE City Council and Tustin Community Redevelopment Agency ("Agency") approval is requested to establish an Affordable Housing Default Revolving Fund to be funded by Agency Low and Moderate Income housing funds in order to cure homeowner defaults under the City and Agency's Affordable Housing Program. Recommendation: That: 1. The City Council and Tustin Community Redevelopment Agency delegate to the Executive Director and City Manager, as applicable, and Assistant City Manager, subject to review and approval of the City Attorney, the responsibility for determining whether to exercise the City and/or Agency's Right of Redemption and Option to purchase each affordable housing unit for which the City or Agency determines a homeowner has defaulted under either City or Agency Affordable Housing Agreements, where it is necessary for the City and/or Agency to initiate actions required to cure a homeowner's default under the Affordable Housing Agreements. The Executive Director and City Manager, as applicable, or Assistant City Manager are also authorized to execute any required documents, as may be necessary. 2. The City Council and Agency approve a Cooperative Agreement between the parties authorizing the creation of an Affordable Housing Default Revolving Fund to permit the exercise of redemption and reimbursement rights and/or option to purchase rights under Affordable Housing Agreements for Tustin Affordable Housing Units at risk of foreclosure. 9. APPROVAL OF AMENDMENT NO. 2 TO CONSULTANT SERVICES AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR TUSTIN LEGACY BACKBONE INFRASTRUCTURE BETWEEN THE CITY AND HUNSAKER & ASSOCIATES Approval is requested of Amendment No. 2 to a Consultant Services Agreement for Tustin Legacy backbone infrastructure between the City and Hunsaker & Associates to provide additional engineering services related to infrastructure design requirements for Tustin Ranch Road roadway improvements, Valencia Avenue trafi'IC signal and sewer line modifications, and Park Avenue roadway, storm drain, water, and sewer improvements. Recommendation: That the City Council: City Council/Redevelopment Agency February 1, 2011 Meeting Agenda Page 5 of 10 1. Approve Amendment No. 2 to a Consultant Services Agreement for Tustin Legacy backbone infrastructure between the City and Hunsaker & Associates, and authorize the City Manager to execute the document on behalf of the City. 2. Appropriate $282,800 from unappropriated funds in the MCAS 2010 Tax Allocation Bond Proceeds Fund (561) to the Tustin Ranch Road Extension Project Capital Improvement Program Fund (CIP No. 70100). 10. APPROVAL OF AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR TUSTIN LEGACY BACKBONE INFRASTRUCTURE BETWEEN THE CITY AND NMG GEOTECHNICAL, INC. Recommendation: That the City Council: 1. Approve Amendment No. 1 to a Consultant Services Agreement for Tustin Legacy backbone infrastructure between the City and NMG Geotechnical, Inc., increasing the not to exceed amount by $68,500 to $117,200, and authorize the City Manager to execute the document on behalf of the City. 2. Appropriate $68,500 from unappropriated funds in the MCAS 2010 Tax Allocation Bond Proceeds Fund (561) to the Tustin Ranch Road Extension Project Capital improvement Program Fund (CIP No. 70100). 11. AWARD CONTRACT FOR THE TUSTIN RANCH ROAD PAVEMENT REHABILITATION PROJECT CIP NO. 70195 Staff is requesting that the City Council award the construction contract for the Tustin Ranch Road Pavement Rehabilitation Project CIP No. 70195 to the lowest responsive/responsible bidder. Recommendation: That the City Council award the construction contract for the Tustin Ranch Road Pavement Rehabilitation Project CIP No. 70195 to the lowest responsive/responsible bidder, R.J. Noble Company, in the amount of $1,264,114.20, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 12. APPROVE THE SUBMITTAL OF REGIONAL CAPACITY PROGRAM PROJECT APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No. 11-04 will approve submittal of the City's project applications for Renewed Measure M funds (Measure M2) under the Comprehensive Transportation Funding Program (CTFP), 2010 Call for Projects for the Regional Capacity Program. The Orange County Transportation Authority (OCTA) requires City Council approval as part of the application process. City Council/Redevelopment Agency February 1, 2011 Meeting Agenda Page 6 of 10 Recommendation: It is recommended that the City Council adopt Resolution No. 11-04 approving the submittal of various project applications to the Orange County Transportation Authority (OCTA) for funding under the Renewed Measure M Comprehensive Transportation Funding Program 2010 Call for Projects for the Regional Capacity Program. RESOLUTION NO. 11-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF VARIOUS IMPROVEMENT PROJECT APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE RENEWED MEASURE M COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM, 2010 CALL FOR PROJECTS FOR THE REGIONAL CAPACITY PROGRAM 13. APPROVE COOPERATIVE AGREEMENT WITH THE CITY OF SANTA ANA FOR PAVEMENT REHABILITATION ON RED HILL AVENUE A portion of the work to be performed for this year's Roadway Rehabilitation and Citywide Sidewalk Repair under the Annual Roadway and Public Infrastructure Maintenance Program CIP No. 70001 is on Red Hill Avenue within the City of Santa Ana jurisdiction. The proposed Cooperative Agreement between the City of Tustin (City) and the City of Santa Ana (Santa Ana) provides for Santa Ana to reimburse the City for Santa Ana's proportionate share of the work included in the City's project. Recommendation: That the City Council approve the Cooperative Agreement with the City of Santa Ana for pavement rehabilitation on Red Hill Avenue within its jurisdiction, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 14. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Each year the City Council authorizes the use of the City's annual disbursement of Assembly Bill (AB) 2766 funds to offset costs for state mandated vehicle emission reduction programs implemented by the City of Tustin. This year the City Council is being requested to allocate/earmark the Fiscal Year (FY) 2010/2011 AB 2766 funds to fund a portion of the future maintenance cost for the rail station parking structure, which is currently under construction. Recommendation: That the City Council authorize the use of City's AB 2766 disbursement of $81,600 to fund a portion of the future maintenance cost for the rail station parking structure. City Council/Redevelopment Agency February 1, 2011 Meeting Agenda Page 7 of 10 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 15 through 19) 15. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. GOVERNOR'S PROPOSED BUDGET INCLUDING REDEVELOPMENT AGENCY ELIMINATION Governor Brown has released a 2010-11 Budget proposal, which includes the proposed elimination of redevelopment agencies. Recommendation: That the Tustin City Council and Tustin Community Redevelopment Agency oppose on record the Governor's proposal to eliminate redevelopment agencies, and authorize the transmittal of correspondence opposing the proposal and participate, as needed, at the state level in opposition activities. Additional impacts of the budget proposal as it would financially impact the City should continue to be monitored and the Mayor and City staff shall be authorized to take whatever advocacy positions necessary to minimize impacts on the City. 16. SECOND AMENDMENT TO THE REIMBURSEMENT AGREEMENT FOR MCAS TUSTIN REDEVELOPMENT PROJECT AFFORDABLE HOUSING OBLIGATIONS The proposed Second Amendment to the Reimbursement Agreement will clarify funding assistance for development of affordable housing units within the MCAS Tustin Redevelopment Project Area. Recommendation: That the Tustin Community Redevelopment Agency ("Agency") and City Council, by minute motion, each authorize the execution by the Chairman of the Agency and Mayor of a "Second Amendment to the Reimbursement Agreement Between the City of Tustin and Tustin Community Redevelopment Agency Related to Affordable Housing Responsibilities To Be Assumed by the Agency" ("Second Amendment"). 17. COOPERATION AGREEMENT BETWEEN THE CITY OF TUSTIN AND TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR CERTAIN COSTS ASSOCIATED WITH CAPITAL IMPROVEMENTS, PUBLIC IMPROVEMENTS, AFFORDABLE HOUSING PROJECTS, AND ADMINISTRATIVE PROGRAM SUPPORT SERVICES DIRECTLY BENEFITTING THE THREE REDEVELOPMENT PROJECT AREAS IN TUSTIN City Council/Redevelopment Agency February 1, 2011 Meeting Agenda Page 8 of 10 Approval is requested for the Tustin Community Redevelopment Agency ("Agency") to enter into a contract with the City of Tustin ("City") for the City's performance of certain eligible activities on behalf of the Agency directly benefitting three (3) Redevelopment Project Areas in Tustin. Recommendation: That the City Council: 1. Adopt Resolution No. 11-07 approving and authorizing the Mayor to execute a "Cooperation Agreement For Payment of Costs Associated with Certain RDA Funded Capital Improvements, Public Improvements, Affordable Housing Projects, and Administrative Program Support Services," and making certain determinations and findings related thereto. That the Agency: 1. Adopt Resolution No. 11-01 approving and authorizing the Chairman on behalf of the Agency to execute the "Cooperation Agreement For Payment of Costs Associated with Certain RDA Funded Capital Improvements, Public Improvements, Affordable Housing Projects, and Administrative Program Support Services," for the City to implement the work program on behalf of the Agency upon any conclusion of the Agency's statutory authority, and make certain determinations and findings related thereto. RESOLUTION N0.11-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING A COOPERATION AGREEMENT AND MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATED THERETO RESOLUTION NO. 11-01 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY APPROVING A COOPERATION AGREEMENT AND MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATED THERETO 18. ORDINANCE NO. 1393 -ORDINANCE AMENDING THE TUSTIN CITY CODE PERTAINING TO THE PLANNING, AUDIT AND COMMUNITY SERVICES COMMISSIONS The proposed ordinance would amend various provisions of Article 1, Chapter 5 of the Tustin City Code to provide that members of the Planning Commission, Audit Commission, and Community Services Commission must be both residents and registered voters of the City of Tustin at all times they hold office, except that two members of the Audit Commission may be residents and registered voters within the area served by the Tustin Water Department, but outside the City. City Council/Redevelopment Agency February 1, 2011 Meeting Agenda Page 9 of 10 Recommendation: Introduce and have first reading, by title only, of Ordinance No. 1393 amending the Tustin City Code pertaining to the Planning, Audit and Community Services Commissions and set for second reading at the Council's next scheduled meeting on February 15, 2011. ORDINANCE NO. 1393 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING SECTIONS 1512, 1538, AND 1552 OF THE TUSTIN CITY CODE RELATING TO QUALIFICATIONS OF MEMBERS OF CITY BOARDS AND COMMISSIONS TO CLARIFY CITY RESIDENCY REQUIREMENTS FOR MEMBERS OF THE TUSTIN PLANNING, AUDIT, AND COMMUNITY SERVICES COMMISSIONS. 19. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30TH 2010 The City engages an independent certified public accounting firm to complete an annual audit of the City's financial records. There are a number of reports such as the Comprehensive Annual Financial Report (CAFR), produced as a result of the annual audit and there are actions that are required by the City's governing board (City Council) to meet the requirements of various auditing standards. Recommendation: 1. Receive and file the CAFR for the year ended June 30, 2010. 2. Designate two council members to serve as a Council Audit Committee to discuss the audit and internal control issues with the auditors to meet auditing standard requirements. OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next regular meeting is scheduled for Tuesday, February 15, 2011 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 in Memory of Don Martinson City Council/Redevelopment Agency February 1, 2011 Meeting Agenda Page 10 of 10