The URL can be used to link to this page

Home My WebLink About00-AGENDA 2-21-12CITY OF TUSTIN ,.f FEBRUARY 21, 2012 REGULAR MEETING OF THE ~~~ ,? COUNCIL CHAMBER CITY COUNCIL x r-. :~- 300 CENTENNIAL WAY, TUSTIN ~ i }~ , ~` r~~~~, .,~ ~ 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 #2283 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 [Govt. Code § 54956.9(b)] -Two Cases 2. CONFERENCE WITH LEGAL COUNSEL [Govt. Code § 54956.9(c)] -Two Cases 3. CONFERENCE WITH LEGAL COUNSEL Code § 54956.9(a)] -Five cases - EXPOSURE TO LITIGATION INITIATION OF LITIGATION - EXISTING LITIGATION [Govt. • T-Mobile West Corporation v. City of Tustin, et al, United States District Court, Central District of California, Case No. SACV11-1854 JVS (RNBx) • Doug Poling vs. City of Tustin, Case No. 30-2011-00530265, Orange County Superior Court • City of Tustin v. Keybank, N.A., Case #30-2011-00529736-CU-FR- 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. CXC • Tustin Unified School District v. City of Tustin et al., 00345476, Orange County Superior Court • City of Tustin v. Tustin Unified School District et al., 501073; Orange County Superior Court 4. LABOR NEGOTIATIONS [Government Code Section A ency Negotiators: Employee Organization: Employee Organization: Employee Organization: Employee Organization: Case No. 30-2010- Case No. 30-2011- 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) Employee Organizatian: Part-Time Unrepresented Employees Employee Organization: Unrepresented Confidential Employees Emplo ey e Organization: Unrepresented Supervisory Employee Organization: Executive Management and Management CITY COUNCIL MEETING 7:00 P.M. CALL TO ORDER -Meeting #2283 INVOCATION - Councilmember Gamez PLEDGE OF ALLEGIANCE -Mayor Pro Tem Murray ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney David E. Kendig ORAL COMMUNICATIONIPUBLIC INPUT - At this time, any member of the public may address the City Council on matters which are listed on this agenda ar 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 February 21, 2012 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) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENTS PERFORMANCE EVALUATION AND REALLOGATINN OF CDBG-R FUNDS The Housing and Community Development Act of 1974, as amended, established the Community Development Block Grant (CDBG) program to return federal funds to local communities for the purpose of developing viable urban communities by providing decent housing, suitable living environments, and by expanding economic opportunities, specifically for low and moderate income persons. The federal Department of Housing and Urban Development (HUD) has notified the City that CDBG funding for the program year 2012-13 will be $587,277. Pursuant to CDBG program regulations, to carry out the program the City will need to have at least two public hearings. One hearing is during the preparation of the Action Plan and another for the adoption of the Action Plan. This is the 1St public hearing and the purpose of this hearing is to inform interested citizens about the Community Development Block Grant (CDBG) program, obtain citizens' views on CDBG priorities, obtain input and recommendations from the City Council on the 2nd year public service activities and reallocation of Community Development Block Grant Recovery (CDBG-R) funds. Recommendation: That the City Council: 1. Conduct a public hearing to receive public input and testimony regarding CDBG priorities; 2. Consider and provide staff with direction on public service performance evaluations far continued funding; and, 3. Adopt Resolution No. 12-20 reallocating unused CDBG-R funds to Frontier Park Energy Efficiency Improvements. RESOLUTION NO. 12-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE CDBG PRIORITIES, CONTINUING 2ND YEAR FUNDING FOR PUBLIC SERVICES ACTIVITIES, AND APPROVING AN AMENDMENT TO THE PROGRAM YEAR 2008-09 ACTION PLAN BY REALLOCATING CDBG-R FUNDING. City Council February 21, 2012 Regular Meeting Agenda Page 3 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 2 through 11) 2. APPROVAL OF MINUTES -REGULAR MEETING OF CITY COUNCIL HELD ON FEBRUARY 7, 2012 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 7, 2012. 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 obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amount of $677,107.16 and Demands in the amount of $ 2,906,484.83. 4. LICENSE AGREEMENT FOR INSTALLATION OF ARTWORK ON PUBLIC PROPERTY Since the completion of Citrus Ranch Park in 2009, the Tustin Community Foundation (TCF) and the Citrus Ranch Park Ad-Hoc Committee have been actively planning and fundraising to complete the Citrus Ranch Park Art Wall Project. The TCF is seeking approval of a License Agreement to create and install the artwork at Citrus Ranch Park. The License Agreement has been reviewed by the City Attorney's office and approved as to form. Recommendation: Approve the final design and License Agreement far Installation of Artwork on Public Property. 5. ADOPT RESOLUTION NO. 12-14 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEW OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2012-2013 State law requires an engineering analysis each year to identify property benefits and to levy assessments in the Tustin Landscape and Lighting District. Resolution No. 12-14 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2012-2013. City Council February 21, 2012 Regular Meeting Agenda Page 4 of 9 Recommendation: That the City Council adopt Resolution No. 12-14 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2012-2013. RESOLUTION NO. 12-14 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 2012-2013 6. 2011 ANNUAL SOLID WASTE PROGRAM REPORT Staff has completed a review of CR&R's 2011 annual report and is providing a summary report of the City's solid waste program to the City Council. CR&R has exceeded the 50% waste diversion requirement in the Franchise Agreement and staff will continue to work with CR&R to comply with AB 341 program requirements by increasing the effectiveness of the multifamily and commercial waste diversion programs. Recommendation: Receive and file. 7. ADOPT RESOLUTION NO. 12-10 TO REALLOCATE SURPLUS STATE PROPOSITION 1 B FUNDS TO THE ANNUAL ROADWAY REHABILITATION PROJECT CIP NO. 70001 On January 6, 2009, the City Council adapted Resolution No. 09-02, amending the Capital Improvement Pragram (CIP) for Fiscal Year 2008-09 to recognize funding from State Proposition 16 for the Tustin Ranch Road Pavement Rehabilitation Project CIP No. 70195. The Tustin Ranch Road Rehabilitation Project has now been completed. Adoption of Resolution No. 12-10 will enable the City to reallocate surplus State Proposition 1 B funds from the Tustin Ranch Road Project to this year's Annual Roadway Rehabilitation Project CIP No. 70001. Recommendation: That the City Council adapt Resolution No. 12-10 amending the Capital Improvement Program for Fiscal Year 2011-12 to reallocate all remaining surplus State Proposition 1 B funds from the Tustin Ranch Road Pavement Rehabilitation Project CIP No. 70195 to the Annual Roadway Rehabilitation Project CIP No. 70001. RESOLUTION NO. 12-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING RESOLUTION NO. 11-53, WHICH ADOPTED THE CITY OF TUSTIN'S BUDGET FOR FISCAL YEAR 2011-12, TO ADJUST THE CAPITAL IMPROVEMENT PROGRAM BUDGET TO City Council February 21, 2012 Regular Meeting Agenda Page 5 of 9 REALLOCATE SURPLUS STATE PROPOSITION 1 B FUNDS FROM THE TUSTIN RANCH ROAD PAVEMENT REHABILITATION PROJECT CIP NO. 70195 TO THE ANNUAL ROADWAY REHABILITATION PROJECT, FY 11/12 CIP NO. 70001 8. AWARD CONTRACT FOR THE REMOVAL AND REPLACEMENT OF HEATING, VENTILATION & AIR CONDITIONING (HVAC) UNITS AT THE TUSTIN POLICE DEPARTMENT (CIP NO. 10032) Staff is requesting that the City Council award the construction contract for the Removal and Replacement of Heating, Ventilation & Air Conditioning (HVAC) Units at the Tustin Police Department (CIP No. 10032) to the lowest responsive/responsible bidder. Recommendation: That the City Council deny the bid protest by Allison Mechanical, Inc. and award the construction contract for the Removal and Replacement of Heating, Ventilation & Air Conditioning (HVAC) Units at the Tustin Police Department CIP No. 10032 to the lowest responsive/responsible bidder, TMCI, Inc. (TMCI) and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. 9. ADOPT RESOLUTION NO. 12-21 DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED ISSUANCE OF WATER REFUNDING REVENUE BONDS The City is considering the issuance of water refunding revenue bonds to refinance the 2003 water revenue bonds to take advantage of the favorable interest rates and lower the annual debt service obligations. Resolution No.12- 21 designates consultants in connection with the proposed issuance of water revenue bonds. Recommendation: That the City Council adopt Resolution No. 12-21 designating consultants in connection with the proposed issuance of water refunding revenue bonds. RESOLUTION NO. 12-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS TO REFINANCE IMPROVEMENTS TO THE CITY'S MUNICIPAL WATER SYSTEM AND THE ISSUANCE OF WATER REFUNDING REVENUE BONDS BY THE TUSTIN PUBLIC FINANCING AUTHORITY FOR SUCH PURPOSES, DESIGNATING CONSULTANTS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 10. ASSIGNMENT OF METROPCS SITE LICENSE AGREEMENT FOR City Council February 21, 2012 Regular Meeting Agenda Page 6 of 9 WIRELESS FACILITIES LOCATED AT 12850 ROBINSON DRIVE (TUSTIN SPORTS PARK) Approval is requested to authorize the City Manager and/or Assistant Executive Director to execute an Assignment and Assumption Agreement with MetroPCS Networks California, LLC ("MetroPCS") and Horvath Towers III, LLC ("Horvath"). Recommendation: That the City Council authorize the City Manager and/or Assistant Executive Director to execute the attached Assignment and Assumption Agreement with MetroPCS and Horvath, subject to any non- substantive modifications as may be deemed necessary by the City Attorney prior to execution of the Agreement. 11. OFFICE LEASE EXTENSION FOR 275 CENTENNIAL WAY, SUITE 104 AND SUITE 104 A Authorization is requested to execute a lease extension for two suites located at 275 Centennial Way to provide supplemental office space for City Hall employees and certain operational functions. Recommendation: That the City Council authorize the City Manager to execute a lease extension for Suites 104 and 104 A at 275 Centennial Way, consistent with the general terms identified in this Agenda Report and subject to final review and approval of the lease extension by the City Attorney. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 12 through 15) 12. PLANNING COMMISSION AUTHORITY -REDEVELOPMENT AGENCY Through the Legislature's adoption of Assembly Bill No. 26 (AB X1 26), all California redevelopment agencies have been dissolved. The proposed ordinance would authorize the Tustin Planning Commission to serve as the decision making body for land use entitlement actions that implement the General Plan and for which the former Tustin Community Redevelopment Agency is designated in any statute, ordinance, or specific plan as the decision making authority. Recommendation: That the City Council have first reading of Ordinance No. 1415 and set for second reading at the City Council meeting of March 6, 2012. City Council February 21, 2412 Regular Meeting Rgenda Page 7 of 9 ORDINANCE NO. 1415 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADDING SECTION 1518 OF PART 1 OF CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE, PROVIDING THAT THE PLANNING COMMISSION SHALL HAVE DECISION MAKING AUTHORITY FOR LAND USE ENTITLEMENT ACTIONS IMPLEMENTING THE GENERAL PLAN THAT WERE PREVIOUSLY UNDER THE JURISDICTION OF THE FORMER TUSTIN COMMUNITY REDEVELOPMENT AGENCY 13. COMMISSION APPOINTMENTS Council Member Gavello requested a staff report relating to the process of appointment for members of our Commissions. This report provides background information on the appointment of Commissioners and when they were adopted. Recommendation: City Council Discretion 14. FISCAL YEAR 2011-2012 MID-YEAR BUDGET REVIEW The following is staff's review of the City's first seven (7) months of operations under the adopted FY 2011-12 Budget. Revenues and expenditures for each fund were reviewed and adjusted based on the current economic climate and projected expenditures reflect costs to date, service needs and the timing of when funds would be expended. Recommendation: It is recommended that the City Council: 1. Approve a supplemental appropriation of $630,000 from the unappropriated reserves of the Community Facilities District 06-1 Construction funds for various capital projects ($60,000 far CIP No. 70201 {Armstrong Ave Extension), $350,000 for CIP No. 70202 (Warner Avenue Extension), $60,000 for CIP No. 70205 (Barranca Parkway Improvements), and $160,000 for GIP No. 70216 (South Loop Roadway Construction); 2. Approve a supplemental appropriation of $1,300,000 in the Water Enterprise fund to account for the depreciation of capital assets; 3. Approve a supplemental appropriation of $585,651 from the unappropriated reserves of the Gas Tax Fund for Fiscal Year 2010-11 capital project expenditure carry-overs into Fiscal Year 2011-12; and 4. Approve a supplemental appropriation of $82,685 from the unappropriated reserves and revenues of the Assembly Bill (AB} 2766, motor vehicle registration subvention funds, to be used towards the annual maintenance cost for the Metrolink rail station parking structure. 15. LEGISLATIVE REPORT City Council February 21, 2012 Regular Meeting Agenda Page 8 of 9 At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS/COMMITTEE REPORTS ADJOURN TO CLOSED SESSION 4. LABOR NEGOTIATIONS (Continued) • Agency Ne-gotiators: Employee Organization Employee Organization: Employee Organization: Employee Organization Em plo yee Org anization: Emp lo yee Org anization: Emp lo ey e Org anization: Emp lo yee Org anization: [Government Code Section 54957.6] Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Tustin Municipal Employees Association (TM EA) Tustin Police Officers Association (TPOA) Tustin Police Support Service Association (TPSSA) Tustin Police Management Association (TPMA) Part-Time Unrepresented Employees Unrepresented Confidential Employees Unrepresented Supervisory Executive Management and Management RECONVENE IN OPEN SESSION CLOSED SESSION REPORT ADJOURNMENT -The next regular meeting is scheduled for Tuesday, March 6, 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 BOB FAUTEUX City Council February 21, 2012 Regular Meeting Agenda Page 9 of 9