HomeMy WebLinkAbout00 CC AGENDA 02-20-07
CITY OF TUSTIN FEBRUARY 20, 2007
REGULAR MEETING OF THE COUNCIL CHAMBER
CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
Jerry Amante, Mayor Pro Tem William A. Huston, City Manager
Doug Davert, Councilmember Douglas Holland, City Attorney
Tony Kawashima, Councilmember Lou Bone, Mayor Pamela Stoker, City Clerk
Jim Palmer, Councilmember George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 p.m.
The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The
following items were received for the February 20, 2007
meeting of the City Council. (Agenda Items A and B)
CALL TO ORDER
PUBLIC INPUT
– Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION ITEMS
A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
a.1. Agency Negotiator: Kristi Recchia, Director of Human Resources
Employee Organization: Part-Time Unrepresented Employees
Employee Organization: Unclassified Confidential Employees
a.2. Agency Negotiator: William A. Huston, City Manager
Employee Organization: Supervisors
Employee Organization: Management
Employee Organization: Executive Management
B. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION pursuant to
Government Code Section 54956.9 - AAE
City Council Meeting February 20, 2007
Agenda Page 1 of 9
PUBLIC MEETING
7:00 p.m.
CALL TO ORDER
INVOCATION – Khoi Pham, St. Cecilia’s Church
COLORS PRESENTATION AND PLEDGE OF ALLEGIANCE – Girls Scout Flag Patrol
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney
PRESENTATIONS
?
Certificate of Recognition presented by Mayor Bone to Clara Hones in recognition of
being named the 33rd Senate District’s 2007 Woman of the Year
?
Presentation by Mother’s Against Drunk Drivers (MADD) to Tustin Police Officer
Michael Jensen for his numerous DUI arrests
FIRST PUBLIC INPUT
- Members of the public may address the City Council only on
items on the Agenda (Consent Calendar or Regular Business Items).
CONSENT CALENDAR ITEMS
All matters listed under the Consent Calendar are considered
to be routine by the City Council 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 7)
1. APPROVAL OF MINUTES – SPECIAL AND REGULAR MEETINGS OF
FEBRUARY 5, 2007
Recommendation: Approve the Special and Regular City Council Meeting
Minutes of February 5, 2007.
City Council Meeting February 20, 2007
Agenda Page 2 of 9
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $1,104,717.95;
$1,770,914.11; and Payroll in the amount of $594,440.03 and $615,614.88.
3. PLANNING ACTION AGENDA - FEBRUARY 12, 2007
All actions of the Planning Commission become final unless appealed by the
City Council or member of the public.
Recommendation: Ratify the Planning Commission Action Agenda of
February 12, 2007.
4. RELEASE OF FAITHFUL PERFORMANCE BONDS FOR PROJECT FAIR
SHARE OF TUSTIN LEGACY BACKBONE INFRASTRUCTURE (WL
HOMES, LLC)
Pursuant to DDA 03-01 and DDA 03-03 the Developer, WL Homes, LLC was
required to post Faithful Performance bonds for their fair share of the Tustin
Legacy Backbone Infrastructure Program. Subsequently, a Community
Facilities District (CFD 04-01) was formed, bonds were sold, and the City has
received funds for the Developer's fair share of Legacy backbone
improvements. WL Homes, LLC has requested release of their Faithful
Performance Bonds to reflect City receipt of CFD funds.
Recommendation: Release Faithful Performance Bonds, No. SU5009734
and No. SU5002715, in the total amount of $9,733,438.00.
5. NUMBER SKIPPED
6. APPOINTMENT OF GEORGE W. JEFFRIES AS CITY TREASURER AND
AGREEMENT BETWEEN THE CITY OF TUSTIN AND G. W. JEFFRIES
AND ASSOCIATES, INC.
Recommendations:
6.a. Adopt resolution; and
RESOLUTION NO. 07-01 - A resolution of the City Council of the City
of Tustin, California, appointing George W. Jeffries as City Treasurer
for Calendar Year 2007
6.b. Authorizing the Mayor to sign the Agreement for the Services of
George W. Jeffries with G. W. Jeffries and Associates, Inc.
City Council Meeting February 20, 2007
Agenda Page 3 of 9
7. MODIFICATION TO SOLID WASTE PROPOSAL EVALUATION CRITERIA
AND THE REQUEST FOR PROPOSAL
Staff's authority to modify the solid waste contract proposal evaluation criteria
and the request for proposal has been questioned by one potential proposer.
Staff is requesting the City Council to review and approve the proposed
modifications to the proposal evaluation criteria and authorize the Public
Works Director to approve any further non-substantive modifications and
amendments to the RFP as deemed appropriate.
Recommendation: Approve the proposed modifications to the proposal
evaluation criteria and affirm the authority of the Public Works Director to
approve and issue future non-substantive amendments to the Request for
Proposal as necessary and appropriate.
REGULAR BUSINESS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 8 through 17)
8. FEE WAIVER REQUEST FOR THE TUSTIN AREA COUNCIL FOR FINE
ARTS (TACFA) - BROADWAY IN THE PARK
The Tustin Area Council for Fine Arts requested a waiver of staff costs,
facility rental and permit fees for the 2007 Broadway in the Park program
scheduled for August 21-26, 2007 at the February 5, 2007 City Council
meeting. The Council continued item to February 20th.
Recommendation: Pleasure of the City Council.
9. REQUEST FOR DONATION FOR GRAD NIGHT ACTIVITIES
Tustin, Foothill, and Beckman High Schools are requesting a $2,500 donation
each from the City to support Grad Nite Activities.
Recommendation: Pleasure of the Council.
10. CALIFORNIA PUBLIC UTILITIES COMMISSION’S PLAN TO SPLIT 714
AREA CODE
Mayor Pro Tem Amante requested a presentation on the alternatives being
considered by the CPUC (California Public Utilities Commission). Currently
City Council Meeting February 20, 2007
Agenda Page 4 of 9
the CPUC is offering three alternatives to divide the area code.
Recommendation: Pleasure of the Council.
11. TUSTIN LIBRARY PROJECT UPDATE
Councilmember Kawashima requested a status report on the Tustin Library
Project.
Recommendation: No action requested at this time.
12. EVALUATION OF REQUEST OF EXPRESSIONS OF INTEREST (REI)
RESPONSES FOR THE HANGAR 29 COMPLEX AT TUSTIN LEGACY
Recommendations:
12.a. Concur with the findings of the Navy and the State Historic
Preservation Officer (SHPO) affirming that there is no economically
viable reuse submitted for the Hangar 29 Complex, rejecting all
proposals submitted and terminating further outreach and marketing by
the City.
12.b. Authorize the City Manager or designee to enter into a Consultant
Services Agreement for preparation of mitigation measures for Tustin
Legacy hangars as required by the 1999 Memorandum of Agreement
in an amount not to exceed $130,000, subject to review and approval
of the final contract before execution by the City Attorney.
12.c. Upon completion of all required mitigation measures, authorize staff to
proceed with negotiations with Tustin Legacy Community Partners
(TLCP), LLC on potential leasing and terms of a subsequent
conveyance of the site pursuant to the Tustin Legacy Master
Developer Disposition and Development Agreement (DDA). Upon
entering into a ground lease with the City, TLCP would be able to
utilize the hangar complex until the property is conveyed by the Navy
to the City currently estimated in 5-6 years. Upon conveyance to the
City, the Hangar 29 Complex would be conveyed to TLCP for
development opportunities.
13. ORDINANCE SECOND READING – COUNCIL BADGES
Recommendation: Have second reading by title only and adoption of
Ordinance No. 1329 (roll call vote).
ORDINANCE NO. 1329 - An ordinance of the City of Tustin, California,
adding Part 4 to Chapter 2 of the Tustin City Code relating to City
City Council Meeting February 20, 2007
Agenda Page 5 of 9
Council Badges
14. ORDINANCE SECOND READING - ESTABLISHING A COMMUNITY
DEVELOPMENT COMMISSION AS THE GOVERNING BODY OF THE
TUSTIN REDEVELOPMENT AGENCY
Recommendation: Have second reading by title only and adoption of
Ordinance No. 1330 (roll call vote).
ORDINANCE NO. 1330 - An ordinance of the City of Tustin, California,
amending Sections 9500, 9501, 9502, 9503, and 9505 of the Tustin
City Code relating to declaring the need for the establishment of a
Community Development Commission to act as the governing body of
the Tustin Redevelopment Agency
15. REALIGNMENT OF CITY COMMISSIONS AND COMMITTEES
Mayor Bone requested a review and asked for recommendations to
consolidate and minimize impacts on City resources related to City Boards,
Commissions, and Committees and requested that staff agendize this matter
for discussion. After consideration of this matter on January 15, 2007, the
Council directed staff to return with a recommendation on realignment of
commission/committee responsibilities and an ordinance removing term limits
for these bodies.
To realign and/or consolidate responsibilities of the commissions include the
following:
? The Parks and Recreation Commission would have oversight of or
coordination with the Senior Advisory Board, Youth & Adult Sports
Facilities Association, Tustin Pride, the Tustin Community Foundation, and
Special Events Committees. It is also recommended that the Parks and
Recreation Commission be renamed to the Community Services
Commission to reflect its broader role.
? The Planning Commission would accept the responsibilities of the Historic
Resources Committee.
? The Tustin Community Foundation would accept the responsibilities of the
Community Development In-House and Citizens' Participation Committee
in regarding the Public Services Category Projects.
Recommendations:
15.a. Introduce and have first reading of Ordinance No. 1331 and set for
second reading at the Council's next scheduled meeting;
ORDINANCE NO. 1331 - An ordinance of the City of Tustin, California,
City Council Meeting February 20, 2007
Agenda Page 6 of 9
amending Sections 1513, 1539, and 1553 and repealing Section 1561
of the Tustin City Code relating to terms of office of city boards and
commissions
15.b. Initiate and refer draft Ordinance No. 1332 (Planning
Commission/Historic Resources Committee Consolidation) to the
Planning Commission for consideration;
15.c. Direct staff to prepare the appropriate amendments to the Community
Development Block Grant Citizen Participation Plan; and/or,
15.d. Take action as deemed appropriate.
16. FISCAL YEAR 2006-07 MID YEAR BUDGET REVIEW
The following is staff's review of the City's first six months of operations under
the adopted FY 2006-07 Budget, projecting revenues and expenditures
through the fiscal year end. The recommendations made to the City Council
in this report will ensure that the budget will be balanced for the remainder of
the fiscal year and the City Council's reserve policy will be met.
Recommendation: Approve the following adjustments to the authorized FY
2006-07 Budget:
16.a. Approve a supplemental appropriation of $30,000 from the
unappropriated reserve of the Park Development Fund for Tustin
Sports Park Tennis Courts, CIP Project #2054. The increase will cover
the cost of construction work needed to complete the project.
16.b. Approve a supplemental appropriation of $30,000 from the
unappropriated reserve of the Water Capital Improvement Fund for
Edinger Avenue Water Main Replacement, CI P Project #6147. The
increase will cover the cost of additional construction work needed to
complete the project.
16.c. Approve a supplemental appropriation of $100,000 from the
unappropriated reserve of the Water Capital Improvement Fund for
Newport Avenue / SR55 Northbound Ramp Reconfiguration, CIP
Project #7130. The increase will cover the cost of additional
construction work needed to complete the project.
16.d. Approve a supplemental appropriation of $350,000 from the
unappropriated reserve of the Capital Improvement Fund (Santa Ana
Smart Street Reimbursement / revenue offset) for Edinger Avenue
Widening, CIP Project #7147. The increase will cover the cost of
additional construction work needed to complete the project.
City Council Meeting February 20, 2007
Agenda Page 7 of 9
16.e. Approve a supplemental appropriation of $835,727 from the
unappropriated reserve of the Gas Tax Fund for CIP Projects #7181
($317,091), #7182 ($200,000), #7183 ($200,000) and #7184
($118,636). This appropriation will substitute the current funding from
the City's Capital Improvement Fund and replace it with Prop 42
monies freeing up CIP funds for additional non-street projects.
16.f. Approve a supplemental appropriation of $130,000 from the
unappropriated reserves of the General Fund for Community
Development's operating budget for graffiti removal ($45,000), office
furniture ($75,000), and microfilming ($10,000).
16.g. Approve a supplemental appropriation of $20,000 from the
unappropriated reserves of the Water Enterprise Fund for Springbrook
Software/Server update.
16.h. Approve a supplemental appropriation of $5,000,000 from the
unappropriated reserves of the General Fund to transfer to the Capital
Improvement Projects Fund.
16.i. Approve a supplemental appropriation of $2,000,000 from the
unappropriated reserves of the General Fund to transfer to the Park
Development Fund.
16.j. Approve a supplemental appropriation of $500,000 from the
unappropriated reserves of the General Fund to transfer to the Liability
Fund.
17. CITY COUNCIL – LEGISLATIVE REPORTS
The following legislative items to be considered by City Council:
? SCA 1 and ACA 2: Redevelopment and Eminent Domain Bills - The
League of California Cities and California Redevelopment Association have
taken positions to oppose both bills.
? Urban Casinos - There are several state and federal bills that have been
proposed in past legislative sessions. Staff will continue to monitor this
issue and provide reports as needed.
Recommendation: Pleasure of the City Council.
SECOND PUBLIC INPUT
– Members of the public may address the City Council or
Redevelopment Agency on any issues under the jurisdiction of the City.
City Council Meeting February 20, 2007
Agenda Page 8 of 9
OTHER BUSINESS AND COMMITTEE REPORTS
- City Manager, City Attorney, City
Council
ADJOURNMENT
– The next regular meeting of the City Council is scheduled for
Tuesday, March 6, 2007, at 5:30 p.m. for Closed Session and 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin,
California
Adjourn in Memory of slain
Tustin Home Depot Assistant Manager Tom Egan
City Council Meeting February 20, 2007
Agenda Page 9 of 9