HomeMy WebLinkAbout02 CC MINUTES 2-21-12Agenda Item 2
Reviewed:
MINUTES
OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN
FEBRUARY 21, 2012
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER -Meeting #2283 at 5:38 p.m.
ATTENDANCE
Cify Manager
Finance Director N/A
Present: Mayor John Nielsen, Mayor Pro Tem AI Murray, and
Councilmembers Jerry Amante, Rebecca `Beckie" Gomez and
Deborah Gavello
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: David E. Kendig, City Attorney
PUBLIC INPUT -None.
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)] -Five 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)
• Doug Poling vs. City of Tustin, Case No. 30-2011-00530265, Orange
City Council February 21, 2012
Regular Meeting Minutes Page 1 of 12
County Superior Court
• City of Tustin v. Keybank, N.A., Case #30-2011-00529736-CU-FR-
CXC
• 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. LABOR NEGOTIATIONS [Government Code Section 54957.6]
• Agency Negotiators: Kristi Recchia, Director of Human
Employee Organization:
Employee Organization:
Employee Organization:
.Employee Organization:
Emp lo yee Org anization:
Emp lo yee Org anization:
Emp lo yee Org anization:
Emp lo yee Org anization:
RECESSED at 5:39 p.m.
RECONVENVED at 7:02 p.m.
Resources and Peter Brawn, Liebert
Cassidy Whitmore
Tustin Municipal Employees Association
(TMEA)
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
CITY COUNCIL MEETING
7:00 P.M.
CALL TO ORDER -Meeting #2283 at 7:02 p.m.
INVOCATION - Councilmember Gomez
PLEDGE OF AL<_EGIANCE -Mayor Pro Tem Murray
ROLL CALL -City Clerk
Present: Mayor John Nielsen, Mayor Pro Tem AI Murray, and Councilmembers
Jerry Amante, Rebecca "Beckie" Gomez and Deborah Gavello
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
City Council February 21, 2012
Regular Meeting Minutes Page 2 of 12
Others Present: David E. Kendig, City Attorney
CLOSED SESSION REPORT -City Attorney David E. Kendig - No reportable action
ORAL COMMUNICATION/PUBLIC INPUT -None
PUBLIC HEARING ITEM 1
A presentation was given by Director of Community Development Elizabeth
Binsack
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG} SUBRECIPIENTS
PERFORMANCE EVALUATION AND REALLOCATION 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 far the purpose of developing viable
urban communities by providing decent housing, suitable living environments,
and by expanding economic opportunities, specifically far 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.
The public hearing opened at 7:11 p.m.
The public hearing closed at 7:12 p.m. with no comments
Motion: It was moved by Councilmember Amante and seconded by Mayor
Nielsen to approve the following:
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,
City Council February 21, 2012
Regular Meeting Minutes Page 3 of 12
3. Adopt Resolution No. 12-20 reallocating unused CDBG-R funds to
Frontier Park Energy Efficiency Improvements.
Motion carried: 5-0
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.
CONSENT CALENDAR ITEMS 2-11
It was moved by Councilmember Gavello and seconded by Mayor Pro Tem
Murray to pull consent items 4, 5 and 11 and to approve the balance of the
consent calendar items as recommended by staff.
Motion carried: 5-0
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 farm.
City Council February 21, 2012
Regular Meeting Minutes Page 4 of 12
Motion: It was moved by Councilmember Amante and seconded by
Councilmember Gavello to approve the final design and License Agreement for
Installation of Artwork on Public Property.
Motion carried: 5-0
5. 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
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.
Motion: It was moved by Councilmember Gavello and seconded by
Councilmember Gomez to 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.
Motion carried: 5-0
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 adopted Resolution No. 09-02, amending
the Capital Improvement Program {CIP} for Fiscal Year 2008-09 to recognize
City Council February 21, 2012
Regular Meeting Minutes Page 5 of 12
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 adopt 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
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 responsivelresponsible
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
City Council February 21, 2012
Regular Meeting Minutes Page 6 of 12
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
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.
Madan: It was moved by Councilmember Amante and seconded by Mayor Pro
Tem Murray to authorize the City Manager to execute a lease extension far
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.
City Council February 21, 2012
Regular Meeting Minutes Page 7 of 12
Motion carried: 5-0
REGULAR BUSINESS ITEMS 12-15
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 far land use entitlement actions that implement the
General Plan and far which the former Tustin Community Redevelopment
Agency is designated in any statute, ordinance, or specific plan as the decision
making authority.
Motion: It was moved by Mayor Pro Tem Murray and seconded by
Councilmember Amante to have first reading of Ordinance No. 1415 and set for
second reading at the City Council meeting of March S, 2012.
Motion carried: 5-0
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.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tem Murray to continue with the current system of appointments and term
limits, ask the city manager and city attorney to return with clean up language
so that the proscription with regard to the resignation on the Planning
Commission applies to the other commissioners and have a discussion as to
when appointments will take place when those resignations occur.
Substitute Motion: It was moved by Councilmember Gavella to have four year
term limits, for a total of eight years, far all commissioners. Motion died far lack
of second.
City Council February 21, 2012
Regular Meeting Minutes Page 8 of 12
Motion carried: 3-2 (Councilmembers Gavello and Gomez dissenting)
14. FISCAL- YEAR 2011-2012 MID-YEAR BUDGET REVIEW
A presentation was given by City Manager Jeffrey Parker
The following is staffs 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.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tem Murray to:
1. Approve a supplemental appropriation of $630,000 from the
unappropriated reserves of the Gommunity Facilities District 06-1
Construction funds for various capital projects ($60,000 for CIP No.
70201 (Armstrong Ave Extension}, $350,000 for CIP No. 70202
(blamer Avenue Extension), $60,000 for CIP No. 70205 (Barranca
Parkway Improvements), and $160,000 for CIP 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.
Motion carried: 5-0
15. LEGISLATIVE REPORT
Assistant Executive Director, Christine Shingleton, provided an update on
legislation that has been introduced to amend AB27 (Cleanup Bills). SB 654
(Steinberg) -Southern California Association of Governments (SCAG) has sent
requests and looking at potential amendments. AB 1585 {Perez and Atkins)
involves clean up language that affects the definition of enforceable obligations.
Continuing to work with coalition members at former military bases statewide by
holding weekly conferences. Assemblyman Wagner has reached out to
City Council February 21, 2012
Regular Meeting Minutes Page 9 of 12
members of the council looking at amendments that are appropriate.
Assemblywoman Carter, 62"d District, has introduced the California Military
Base Reuse and Preservation Act of 2012 which will suggest language changes
that will provide special accommodations for military bases.
SB308 is similar to redevelopment but do not need a blighted area. Taxes can
be used for basic infrastructure. This bill has adaptability to former military base
sites. Governor approved amendments that provided broad authority far use of
that structure. While working with the coalition, staff will draft amendments to or
new legislation that will provide the authority to former military bases. Staff will
keep Council updated on the status.
Assemblyman Norby has introduced legislature that will prohibit forgiveness of
any debt the agency might have.
RECESSED - 9:00 p.m.
RECONVENED - 9:06 p.m.
OTHER BUSINESS/COMMITTEE REPORTS
Councilmember Gomez:
• Attended the Tustin Chamber of Commerce breakfast on February 8, guest
speaker was Todd Spitzer; nice to be there for officer of the month, Ronnie
Sandoval
• Attended the Association of California Cities of Orange County reception at
Anaheim stadium on February 16
• Unable to attend the ribbon cutting at McFadden Parkette; great jab to Parks and
Recreation
• Thanked department heads and staff far looking at ways to decrease costs
Councilmember Amante:
• Attended the Association of California Cities Orange County board meeting;
continuing to have discussions, along with the Orange County Business Council, on
how to assist Orange County cities that have redevelopment agencies as they form
successor agencies and develop policies so there is consistency; Informed that the
next Successor Agency Committee (formerly Redevelopment Committee} meeting
is scheduled for meeting March 6
• Shared that during a community event on February 20 Assemblyman Wagner
inquired whether Council had received his email regarding successor agency policy
• Attended the Orange County Transportation Authority Board meeting on February
13 and chaired the Orange County Transportation Authority Legislative Committee
meeting on February 16
• Attended the Association of California Cities Orange County reception on February
16
City Council February 21, 2012
Regular Meeting Minutes Page 10 of 12
• Announced the next Orange County Transportation Authority board meeting on
February 27; planning to discuss budget review of Measure M2
Mayor Pro Tem Murray:
• Attended the Tustin Chamber Commerce breakfast on February 8
• Attended the Utt Middle School activity center groundbreaking
• Attended the McFadden Pasadena Parkette ceremony
• Attended the Foothill Eastern Transportation Corridor Agency board of directors
meeting
• Shared that his daughter, Lily, participated in the International Water Polo
Tournament in Florida
Mayor Nielsen:
• Attended the Tustin Chamber of Commerce breakfast; guest speaker was Todd
Spitzer
• Attended the McFadden Pasadena Parkette dedication; congratulated Parks and
Recreation
RECESSED to the Special meeting of the Successor Agency to the Tustin Community
Redevelopment Agency - 9:17 p.m.
RECONVENED - 9:18 p.m.
RECESSED TO CLOSED SESSION - 9:18 p.m.
4. LABOR NEGOTIATIONS
(Continued)
• Agency Negotiators:
Employee Organization:
Employee Organization:
Employee Organization:
Employee Organization
Employee Organization:
Employee Organization:
Employee Organization:
Employee Organization:
[Government Code Section 54957.6]
Kristi Recchia, Director of Human Resources
and Peter Brown, t_iebert Cassidy Whitmore
Tustin Municipal Employees Association
(TMEA)
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
RECONVENED IN OPEN SESSION - 10:10 p.m.
CLOSED SESSION REPORT -City Attorney David E. Kendig - No reportable action
City Council February 21, 2012
Regular Meeting Minutes Page 11 of 12
ADJOURNED at 10:10 p.m. -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 Minutes Page 12 of 12