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Home My WebLink About00 CC AGENDA 02-07-12CITY OF TUSTIN JOINT REGULAR MEETING OF THE , .r~,`°~;:-~~•_ CITY COUNCIL AND TUSTIN ' ~' \'~ ~~ _ ~.,., HOUSING AUTHORITY `~~~ ~~~• s + , ~- AI Murray, Mayor Pro Tem Jerry Amante, Councilmember Deborah Gavello, Councilmember John Nielsen, Mayor 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 #2282 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. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt. Code § 54956.9(a}] -Three cases • T-Mobile West Corporation v. City of Tustin, et al, United States District Court, Central District of California, Case No. SACV11-1854 JVS (RNBx) • 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 4. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 • Consideration of Claim of Eloisa Gutierrez on behalf of minors: Hailey Herrera, Benny Herrera, Jr., and Amanda Herrera, Claim No. 12-04 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 Cierk's office located at 300 Centennial Way, Tustin, CA during normal business hours. FEBRUARY 7, 2012 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN 5 CONFERENCE WITH REAL PR Code 54956.8) • Property Address/Description: AgencX: City Negotiators: Negotiating Parties: Under Negotiation: OPERTY NEGOTIATORS (Government A portion of Parcel 1 of Tract 16696 and a portion of Parcel 1 as shown on Record of Survey No 99-1048 City of Tustin Christine Shingleton, Assistant City Manager and Amy Freilich, Special Counsel Vestar/Kimco Tustin, L.P., represented by Allan Kasen and Jeff Axtell. Price and terms of payment JOINT CITY COUNCIL AND TUSTIN HOUSING AUTHORITY MEETING 7:00 P.M. CALL TO ORDER -Meeting #2282 INVOCATION - Councilmember Amante PLEDGE OF ALLEGIANCE -Mayor Nielsen ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney David E. Kendig PRESENTATION • SOCAL Water Polo 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 and Tustin Housing February 7, 2012 Authority 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) 1. ORDINANCE NO. 1410 AMENDING CHAPTER 7 OF ARTICLE 5 OF THE TUSTIN CITY CODE RELATING TO GRAFFITI This item .will propose several changes to the Tustin City Code relating to graffiti. However, City Staff and the City Attorney require additional time to complete the proposed ordinance revisions and the agenda report before they are presented to the City Council for consideration. Because notice of the public hearing on this matter was already circulated, the matter should be continued to a time and date certain so additional notice of the hearing will not be required. Recommendation: That this item be continued to the Council's regular meeting on March 6, 2012 at 7:00 p.m. 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 15) 2. APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY HELD ON JANUARY 17, 2012 Recommendation: That the City Council and Housing Authority Approve the Action Minutes of the Regular Meeting of the Joint City Council, Redevelopment and Tustin Housing Authority held on January 17, 2012. Redevelopment Agency actions at that meeting will be reviewed by the Successor Agency to the Tustin Community Redevelopment Agency at a future date. 3. 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 amount of $670,379.53 and Demands in the amount of $6,142,284.94. City Council and Tustin Housing February 7, 2012 Authority Regular Meeting Agenda Page 3 of 9 4. FINAL REDEVELOPMENT AGENCY STATUS REPORT ON AGENCY PROJECTS Redevelopment Agency staff provides on a monthly basis an update of redevelopment related projects. As a result of the State Supreme Court's rulings on AB1X26 and AB1X27, the Redevelopment Agency was dissolved effective February 2, 2012. The January 31, 2012 Status Report shall be the last status report transmitted an behalf of the Redevelopment Agency. All future status reports, if necessary, will be transmitted by each successor agency to the Redevelopment Agency ("Successor Agency to the Tustin Community Redevelopment Agency" and Tustin Housing Authority}. Recommendation: Receive and file. 5. DECLARATION OF SURPLUS PROPERTY The City has accumulated a quantity of obsolete and/or damaged computer and other equipment. The listed equipment is no longer usable or required far public use. Recommendation: 1. Declare the listed equipment surplus and not required for public use. 2. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. 6. UPDATE AUTHORIZED SIGNATURE FOR CHECKS AND WARRANTS The Tustin City Code requires authorized check and warrants signers be approved by minute order of the City Council. Recommendation: That the City Council authorize City Manager, Jeffrey C. Parker, as an authorized check and warrant signer. 7. QUARTERLY INVESTMENT REPORT 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. APPROVE AMENDMENT TO THE INDEPENDENT AUDITORS AGREEMENT City Council and Tustin Housing February 7, 2012 Authority Regular Meeting Agenda Page 4 of 9 The City's independent auditors, Diehl, Evans & Company, LLC merged with White, Nelson & Company LLC establishing the firm White Nelson Diehl Evans LLP. The amendment to the agreement with Diehl, Evans & Company, LLC reflects this change. Recommendation: It is recommended the City Council approve the amendment to the independent auditor's agreement that memorializes the City's consent to assignment of the Agreement to the New Firm and the New Firm's acknowledgement of assumption of all liabilities and obligations under the agreement. 9. QUARTERLY REPORT FOR AFFORDABLE HOUSING DEFAULT REVOLVING FUND The Housing Authority has assumed all housing functions of the dissolved Tustin Community Redevelopment Agency, including the Affordable Housing Default Revolving Fund's quarterly report. Housing Authority staff has prepared the report which details any default activity within the City's Affordable Housing Program and identifies costs associated with curing any potential defaults. Recommendation: Receive and file. 10. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE .NOTICE OF COMPLETION FOR THE MCFADDEN PASADENA PARKETTE IMPROVEMENTS (CIP NO. 20069) New playground and fencing has been completed at McFadden Pasadena Parkette and is ready far acceptance and filing of the Notice of Completion. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 12-11 accepting the McFadden Pasadena Parkette Improvements (CIP No. 20069), and 2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office. RESOLUTION NO. 12-11 A RESOLUTION OF THE CITY COUNCIL CALIFORNIA ACCEPTING THE WORKS AUTHORIZING THE RECORDATION COMPLETION FOR THE MCFADDEN IMPROVEMENTS (CIP NO. 20069) OF THE CITY OF TUSTIN OF IMPROVEMENT AND OF THE NOTICE OF PASADENA PARKETTE 11. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PARK PLAYGROUND EQUIPMENT PURCHASE AND INSTALLATION AT COLUMBUS TUSTIN PARK {CIP No. City Council and Tustin Housing February 7, 2012 Authority Regular Meeting Agenda Page 5 of 9 20067) This project includes the purchase and installation of playground equipment and ADA required playground surfacing and a ramp. Recommendation: Staff recommends that the City Council approve Resolution No. 12-13, approving specifications for the purchase and installation of new playground equipment at Columbus Tustin Park (CIP No. 20067), and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 12-13 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 COLUMBUS TUSTIN PARK (CIP No. 20067) 12. APPROVE AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT WITH THE ORANGE COUNTY SANITATION DISTRICT FOR SEWER MANHOLE REHABILITATION ON RED HILL AVENUE The Red Hill Avenue Rehabilitation Project between Valencia Avenue and Edinger Avenue CIP No. 70212 is programmed for construction in the spring of 2012. Amendment No. 1 to the existing Reimbursement Agreement befirveen the City and the Orange County Sanitation District (OCSD) dated June 7, 2011 will expand the City's Red Hill Avenue Project to include the rehabilitation of OCSD sewer manholes on the Gisler-Red Hill Trunk Sewer. Recommendation: That the City Council approve Amendment No. 1 to the existing Reimbursement Agreement between the City of Tustin and the Orange County Sanitation District dated June 7, 2011 to include sewer manhole rehabilitation by the City on Red Hill Avenue between Valencia Avenue and Edinger Avenue, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 13. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70001; THE RED HILL AVENUE REHABILITATION PROJECT BETWEEN VALENCIA AVENUE AND EDINGER AVENUE CIP NO. 70212, INCORPORATING THE ORANGE COUNTY SANITATION DISTRICT GISLER- RED HILL SEWER SYSTEM IMPROVEMENTS The plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP No. 70001; the Red Hitl Avenue Rehabilitation Project between Valencia Avenue and Edinger Avenue CIP No. City Council and Tustin Housing February 7, 2012 Authority Regular Meeting Agenda Page 6 of 9 70212, incorporating the Orange County Sanitation District (OCSD) Gisler-Red Hill Sewer System Improvements, Reach B, Contract No. 7-37 have been prepared and are ready to be bid. Recommendation: That the City Council adopt Resolution No. 12-06 approving the plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP No. 70001; the Red Hill Avenue Rehabilitation Project between Valencia Avenue and Edinger Avenue CIP No. 70212; and the Orange County Sanitation District Gisler-Red Hill System Improvements, Reach B, Contract No. 7-37, and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 12-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70001; THE RED HILL AVENUE REHABILITATION PROJECT BETWEEN VALENCIA AVENUE AND EDINGER AVENUE CIP NO. 70212; AND THE ORANGE COUNTY SANITATION DISTRICT GISLER-RED HILL SYSTEM IMPROVEMENTS, REACH B, CONTRACT NO. 7-37, AND AUTHORIZING ADVERTISEMENT FOR BIDS 14. ADOPT RESOLUTIONS ESTABLISHING ICMA RETIREMENT CORPORATION, A PLAN ADMINISTRATOR FOR SECTION 401 AND 457 DEFERRED COMPENSATION PLANS The City currently offers two providers (Nationwide Insurance and Great West Insurance) for the employees to choose from for Section 401 and 457 deferred compensation plans. ICMA Retirement Corporation (ICMA-RC) is anon-profit corporation that provides deferred compensation plans and would be offered as another option for employees. Recommendation: It is recommended the City Council: 1. Adopt Resolution No. 12-15 adopting the section 457 deferred compensation plan {DC Plan} administered by ICMA-RC; execute the Declaration of Trust of VantageTrust; the City would serve as trustee under the Plan and invest funds held under the Plan in the VantageTrust; the Finance Director shall be the coordinator for the Plan; and the Finance Director will be authorized to execute all necessary agreements with the ICMA-RC incidental to the administration of the DC Plan. 2. Adopt Resolution No. 12-16 permitting participants in the retirement plan to take loans from section 401 and 457 deferred compensation plans. 3. Adopt Resolution No. 12-17 establishing a section 401 money purchase retirement plan (Plan) administered by ICMA-RC; execute the City Council and Tustin Housing February 7, 2012 Authority Regular Meeting Agenda Page 7 of 9 Declaration of Trust of VantageTrust; the City would serve as trustee under the Plan and invest funds held under the Plan in the VantageTrust; the Finance Director shall be the coordinator for the Plan; and the Finance Director will be authorized to execute all necessary agreements with the ICMA-RC incidental to the administration of the Plan. RESOLUTION NO. 12-15 A RESOLUTION OF THE CALIFORNIA, RELATING PLAN CITY COUNCIL OF THE CITY OF TUSTIN, TO A 457 DEFERRED COMPENSATION RESOLUTION NO. 12-16 A RESOLUTION OF THE CALIFORNIA, RELATING PERMIT LOANS RESOLUTION NO. 12-17 CITY COUNCIL OF THE CITY OF TUSTIN, TO AMENDING A RETIREMENT PLAN TO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO A 401 GOVERNMENTAL MONEY PURCHASE PLAN & TRUST 15. TUSTIN LEGACY BACKBONE INFRASTRUCTURE FINANCING PROGRAM - 2011 UPDATE A 2011 updated analysis has been completed of the fair share contributions required of development areas at Tustin Legacy to finance Tustin Legacy Backbone Infrastructure to serve new development. Recommendation: That the City Council: (1) receive and approve the 2011 Update of the Tustin Legacy Backbone Infrastructure Financing Program and Tustin Legacy Fair Share Analysis; and (2) direct staff to utilize the fair share allocations for specific development areas in negotiated sale or conveyance transactions, including those transactions that involve development agreements, disposition and development agreements and/or other transaction agreements at Tustin Legacy necessary to accommodate private development. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 16 through 17) 16. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30T" 2011 City Council and Tustin Housing February 7, 2012 Authority Regular Meeting Agenda Page 8 of 9 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, 2011. 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. 17. LEGISLATIVE REPORT CITY OF TUSTIN RESPONSE -DRAFT SCAG 2012 RTP/SCS & DRAFT PEIR City Council authorization is requested for the City of Tustin's response to the Southern California Associations of Governments (SCAG) Draft 2012 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS} and associated Draft Program Environmental Impact Report (DPEIR). Recommendation: That the City attached comment letter, as written 2012 RTP/SCS and Draft PEIR. Council authorize the Mayor to send the or modified, to SCAG regarding the Draft OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT -The next regular meeting is scheduled for Tuesday, February 21, 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. ADJOURN IN THE MEMORY OF LAURENTZ R. "LARRY" MARSTERS City Council and Tustin Housing February 7, 2012 Authority Regular Meeting Agenda Page 9 of 9