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Home My WebLink About00 CC AGENDA 1-17-12CITY OF TUSTIN JANUARY 17, 2012 JOINT REGULAR MEETING OF THE CITY COUNCIL, REDEVELOPMENT ~b ~ r' ~ (~~;~ COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN AGENCY AND TUSTIN HOUSING AUTHORITY ~,~~ _°~~ y"i ~'_- `~~ 1 ~ll AI Murray, Mayor Pro Tem A~ ~t Jeffrey C. Parker, City Manager Jerry Amante, Councilmember David E. Kendig, City Attorney Deborah Gavello, Councilmember John Nielsen, Mayor Pamela Stoker, City Clerk Rebecca "Beckie"Gomez, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER -Meeting #2281 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. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 • Consideration of Claim of Edgar Pacheco, Claim No. 11-29 4. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt. Cade § 54956.9(a}] -Three Cases • Tustin Unified School District v. Gity 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 • City of Tustin v. Keybank, N.A., Case #30-2011-00529736-CU-FR-CXC 5. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION - Government Code § 54956.9{b} (one item): (1) Exposure of City to litigation arising from decision in California !VOTE: 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 far public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. Redevelopment Association v. Matosantos (California Supreme Court Case No. S194861) 6. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION - Government Code § 54956.9(c) (two items): Consideration of whether to initiate litigation concerning (1) California Department of Finance denial of City appeal relating to Redevelopment Agency opt-in payment; and (2) Intervention in City of Cerritos v. State of California (Sacramento County Superior Court Case No. 34-2011-80000952) relating to Redevelopment Agency legislation. JOINT CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY MEETING 7:00 P.M. CALL TO ORDER -Meeting #2281 INVOCATION -Mayor Pro Tem Murray PLEDGE OF ALLEGIANCE - Councilmember Gavello ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney David E. Kendig PRESENTATION • CIF Champions, Tustin High School Football Team 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, Redevelopment Agency and January 17, 2012 Tustin Housing Authority Regular Meeting Agenda Page 2 of 9 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 1 through 9) APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY HELD ON JANUARY 3, 2012; SPECIAL MEETING OF THE CITY COUNCIL HELD ON JANUARY 10, 2012 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council, Redevelopment Agency and Tustin Housing Authority held on January 3, 2012 and Action Minutes of the Special Meeting of the City Council held on January 10, 2012. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin and Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $681,439.59 and $1,039,477.54 and Demands in the amount of $1,738,744.49. 3. ADOPT RESOLUTION 12-07 TO ACCEPT IMPROVEMENTS FOR THE CITY YARD MECHANIC SHOP ROOF REPLACEMENT CIP NO. 10032 AND AUTHORIZE THE CITY ENGINEER TO FILE THE NOTICE OF COMPLETION Construction of the City Yard Mechanic Shop Roof Replacement CIP No. 10032, has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: That the City Council: 1. Adopt Resolution No. 12-07 accepting the construction of the City Yard Mechanic Shop Roof Replacement CIP No. 10032; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 12-07 R RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND City Council, Redevelopment Agency and January 17, 2012 Tustin Housing Authority Regular Meeting Agenda Page 3 of 9 AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE CITY YARD MECHANIC SHOP ROOF REPLACEMENT CIP NO. 10032 4. ADOPT RESOLUTION NO. 12-03 TO ACCEPT IMPROVEMENTS FOR THE MITCHELL AVENUE/UTT DRIVE PEDESTRIAN ENHANCEMENTS PROJECT, CIP 40073 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Mitchell Avenue/Utt Drive Pedestrian Enhancements CIP 40073 has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: That the City Council: 1. Adapt Resolution No. 12-03 accepting the construction of the Mitchell Avenue/Utt Drive Pedestrian Enhancements CIP No. 40073; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 12-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE MITCHELL AVENUE/UTT DRIVE PEDESTRIAN ENHANCEMENTS CIP NO. 40073 5. AUTHORIZE NEGOTIATION OF R CONTRACT CHANGE ORDER WITH TBC CONTRACTORS CORPORATION FOR THE INFORMATION TECHNOLOGY/FINANCE RECONFIGURATION (CIP 10032) -PHASE 2 Staff is requesting that the City Council authorize staff to negotiate a change order to the existing construction contract with TBG Contractors Corporation to complete the planned Phase 2 improvements for the Information Technology/Finance Reconfiguration CIP No. 10032. Phase 2 improvements are budgeted and appropriated in this Fiscal Year Capital Improvement Program. Recommendation: That the City Council authorize staff to negotiate a contract change order with TBC Contractors Corporation to extend the project to include Phase 2. 6. ADOPT RESOLUTION NO. 12-09 TO APPROVE A PURCHASE AGREEMENT FOR REAL PROPERTY AT 14471 CHAMBERS ROAD (APN 432-471-25} FOR THE TUSTIN RANCH ROAD EXTENSION PROJECT (CIP NO. 70100) City Council, Redevelopment Agency and January 17, 2012 Tustin Housing Authority Regular Meeting Agenda Page 4 of 9 The proposed Agreement to purchase real property will initiate the final process for the City to acquire the needed right-of-way at 14471 Chambers Road to construct the Tustin Ranch Road Extension Project from Walnut Avenue to Warner Avenue (CIP No. 70100). Recommendation: That the City Council: 1. Adopt Resolution No. 12-09 finding that the acquisition of a portion of Assessor's Parcel No. 432-471-25 was considered in the Final Program Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin, Final Supplemental #1, and Addendum, and approving the Purchase Agreement of real property at 14471 Chambers Road, subject to any non-substantive changes deemed necessary by the City Attorney; and 2. Authorize the Mayor and City Clerk to execute the Purchase Agreement with JNB Chambers Investments Ownership, on behalf of the City. RESOLUTION NO. 12-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 432- 471-25 WAS CONSIDERED IN THE FINAL PROGRAM ENVIRONMENTAL IMPACT STATEMENTI ENVIRONMENTAL IMPACT REPORT (FEISIEIR) FOR THE DISPOSAL AND REUSE OF MARINE CORPS AIR STATION TUSTIN, FINAL SUPPLEMENT #1, AND ADDENDUM, AND APPROVING THE PURCHASE AGREEMENT 7. 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 the Fiscal Year (FY) 201112012 AB 2766 disbursement to fund a portion of the maintenance cost for the rail station parking structure. Recommendation: That the City Council authorize a total of $82,685, including $81,600 in AB 2766 Fiscal Year 2011-2012 turn-back funds, $100 in interest income received through investment of the turn-back funds, and $985 in carryover funds from Fiscal Year 2010-2011, to be used to fund a portion of the maintenance cost of the rail station parking structure. 8. COMMUNITY DEVELOPMENT DEPARTMENT ACTIVITY 2011 -YEAR IN REVIEW City Council, Redevelopment Agency and January 17, 2012 Tustin Housing Authority Regular Meeting Agenda Page 5 of 9 Throughout the year, staff provides a status of projects that the Planning Commission, Zoning Administrator, or Community Development Director approved; major improvement projects; and other items of interest. The Community Development Department Activity - 2011 Year in Review briefly describes the total number of discretionary permits (i.e. Conditional Use Permits, Design Reviews, Subdivision Maps, etc.) and major accomplishments for various functional areas within the Community Development Department, Code Enforcement, and Building Division activity. Recommendation: Receive and file. 9. APPROVAL OF REIMBURSEMENT AGREEMENT FOR SERVICES WITH CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL Approval is requested for the City to enter into a Reimbursement Agreement with the California Department of Toxic Substances Control ("DTSC"). Recommendation: That the City Council authorize the City Manager to execute the attached Reimbursement Agreement with DTSC, subject to non-substantive modifications as may be deemed necessary by the City Attorney prior to execution of the agreement. In the event that reimbursements required by DTSC exceed $45,000 under the terms of the Reimbursement Agreement, the City Manager is authorized to execute any amendments to the agreement as may be necessary, provided such amendments do not exceed a total expenditure under the original and amended contract of greater than $100,000. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 10 through 14) 10. 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: Pleasure of the City Council 11. REPORT AND DISCUSSION ON RECENT CALIFORNIA SUPREME COURT DECISION REGARDING REDEVELOPMENT ELIMINATION AND VARIOUS PROPOSED TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND CITY AGTIONS City Council, Redevelopment Agency and January 17, 2012 Tustin Housing Authority Regular Meeting Agenda Page 6 of 9 Given the recent California Supreme Court decision upholding AB 1X 26, and the anticipated dissolution of redevelopment agencies by February 1, 2012, the City Council at their meeting on January 3rd, asked staff to agendize a discussion on the elimination of redevelopment. Further, certain actions by the California Supreme Court require certain additional Agency actions be taken by the Agency and City. Recommendation: 1. It recommended that the Tustin Community Redevelopment Agency approve RDA Resolution 12-01 adopting an Amended Enforceable Obligation Payment Schedule ("Second Amended EOPS"), an amended Draft Initial Recognized Obligation Payment Schedule ("First Amended IROPS"), and transmit such schedules to the City of Tustin as the successor agency. The schedules shall be posted for at least three days on the City's Internet website before any payment is made by the Agency pursuant to any amended items on either the Second Amended FOPS or First Amended IROPS prior to the dissolution date of February 1, 2012. 2. It is recommended that the City Council by minute action: a. Accept transmittal of the Second Amended FOPS and First Amended IROPS and instruct the City Clerk to post same on the City's Internet website. b. Authorize the Mayor and his selected representatives and any designated City staff to incur travel expenses for any outreach necessary to support a legislative strategy supporting redevelopment and/or the military base reuse funding sources without the need for any additional Council actions necessary, provided such blanket authorization shall be only through May 1, 2012 and shall not exceed an expenditure greater than $5,000. c. Instruct the Finance Director, only upon Dissolution of the Agency, to create the Redevelopment Obligation Retirement Fund and to transfer all Agency assets, properties, contracts, leases, books and records, buildings and equipment to the City as the Successor Agency. This includes all cash and cash equivalents owed. RDA RESOLUTION NO. 12-01 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY ADOPTING A SECOND AMENDED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE, A FIRST AMENDED DRAFT INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE, TRANSMITTING SUCH SCHEDULES TO THE CITY OF TUSTIN AS SUCCESSOR AGENCY, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH 12. CITY DECLINE OF HOUSING ASSETS AND HOUSING FUNCTIONS OF THE City Council, Redevelopment Agency and January 17, 2012 Tustin Housing Authority Regular Meeting Agenda Page 7 of 9 TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND AGREEMENT BY THE TUSTIN HOUSING AUTHORITY TO ASSUME THE HOUSING ASSETS AND HOUSING FUNCTIONS PREVIOUSLY PERFORMED BY THE AGENCY PURSUANT TO HEALTH & SAFETY CODE SECTION 34176 AND MINOR AMENDMENT TO THE TUSTIN HOUSING AUTHORITY BYLAWS Given the recent California Supreme Court decision upholding AB X1 26, and the anticipated dissolution of redevelopment agencies by February 1, 2012, certain City and Tustin Housing Authority ("Housing Authority") actions are necessary to confirm that the City will not assume housing assets and housing functions of the Tustin Community Redevelopment Agency ("Agency") and confirming that the Tustin Housing Authority will assume the housing assets and housing functions previously performed by the Agency pursuant to California Health & Safety Code Section 34176. A minor amendment to the Housing Authority Bylaws is also proposed. Recommendation: 1. It is recommended that the City Council adopt City Council Resolution 12-08 declining to assume the housing assets and functions of the Agency and confirming that such housing assets and housing functions be assumed by the Tustin Housing Authority pursuant to Section 34176. 2. It is recommended that the Housing Authority take the following actions: a. Adopt HA Resolution No. 12-01 confirming its assumption of the housing assets and functions previously performed by .the Agency pursuant to California Health & Safety Code Section 34176 in the event the Agency is dissolved. b. Adopt HA Resolution 12-02 amending the Bylaws of the Housing Authority to adjust the annual meeting date. RESOLUTION NO. 12-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DECLINING TO ASSUME THE HOUSING ASSETS AND FUNCTIONS OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND CONFIRMING THAT THE TUSTIN HOUSING AUTHORITY WILL ASSUME THE HOUSING ASSETS AND HOUSING FUNCTIONS PREVIOUSLY PERFORMED BY THE AGENCY PURSUANT TO HEALTH & SAFETY CODE SECTION 34176 HA RESOLUTION NO. 12-01 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN CONFIRMING AND AGREEING TO ASSUME THE HOUSING ASSETS AND FUNCTIONS OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY PREVIOUSLY PERFORMED BY THE AGENCY PURSUANT TO HEALTH & SAFETY CODE SECTION 34176 City Council, Redevelopment Agency and January 17, 2012 Tustin Housing Authority Regular Meeting Agenda Page 8 of 9 HA RESOLUTION NO. 12-02 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY AMENDING THE BYLAWS OF THE TUSTIN HOUSING AUTHORITY TO ADJUST THE ANNUAL MEETING DATE 13. WIRELESS COMMUNICATIONS MASTER PLAN Staff has been asked to agendize for City Council discussion the City's Wireless Master Plan and its current status. Recommendation: Pleasure of the City Council. 14. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT -The next regular meeting is scheduled for Tuesday, February 7, 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, Redevelopment Agency and January 17, 2012 Tustin Housing Authority Regular Meeting Agenda Page 9 of 9