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Home My WebLink About00 CC AGENDA 12-18-12 CITY OF TUSTIN JOINT REGULAR DECEMBER 18, 2012 MEETING OF THE CITY COUNCIL, COUNCIL CHAMBER AND SUCCESSOR AGENCY TO 300 CENTENNIAL WAY, TUSTIN THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Charles E. “Chuck” Puckett, Mayor Pro Tem Jeffrey C. Parker, City Manager John Nielsen, Councilmember Al Murray, Mayor David E. Kendig, City Attorney Rebecca “Beckie” Gomez, Councilmember Patricia Estrella, City Clerk Allan Bernstein, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER – Meeting #2305 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 – INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] – Two Cases 2. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] – Two Cases 3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Govt. Code § 54956.9(a)] – Two cases 1. Tustin Unified School District v. City of Tustin et al., Case No. 30-2010- 00345476, Orange County Superior Court 2. City of Tustin v. Keybank, N.A., Case #30-2011-00529736-CU-FR- CXC 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) – Two cases 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. 1. Property Lots 1,2,3,4,5,6,7,8,9, 10,11, II, D, Final Map Address/Description 17144; Lots 32, 34, Tentative Tract Map 17404; a portion APN’s 430-27-31 and 33 and a portion of APN 430-37-10 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, Elizabeth Binsack, Community Development Director, and John Buchanan, Program Manager Negotiating Parties O.C. Property Company, LLC, represented by Rick Kaplan, Mark Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. Under Negotiation Price and Terms of Payment 2. Property Tustin Legacy Disposition Package 1B to include Address/Description sale of Lots 8, 13, 14 and a portion of lettered lot OOOOO in Tract 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, and John Buchanan, Program Manager Negotiating Parties Ted McKibbin, President, Standard Pacific Homes, Southern California Coastal Under Negotiation Price and Terms of Payment JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. CALL TO ORDER – Meeting #2305 INVOCATION – Mayor Pro Tem Puckett PLEDGE OF ALLEGIANCE – Councilmember Bernstein ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney David E. Kendig City Council/Successor Agency December 18, 2012 Meeting Agenda Page 2 of 7 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. 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 7) 1. APPROVAL OF MINUTES – JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD DECEMBER 4, 2012 Recommendation: That the City Council/Successor Agency approve the Action Minutes of the Joint Regular Meeting of the City Council and Successor Agency to the Tustin Community Redevelopment held December 4, 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 Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $5,713.60 and $388,888.26; and Demands in the amount of $998,532.68. 3. AWARD OF CONSTRUCTION CONTRACT FOR TUSTIN LEGACY FIRE STATION – RELOCATION OF STATION #37 (CIP NO. 10048) Bids for the Tustin Legacy Fire Station – Relocation of Station #37 have been received and a construction contract is ready to be awarded. Recommendation: That the City Council award the construction contract for the Tustin Legacy Fire Station – Relocation of Station #37 to the lowest responsive/responsible bidder, Erickson-Hall Construction Company, in the amount of $4,192,000.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 4. APPROVE COOPERATIVE AGREEMENT NOS. C-2-1822, C-2-1852, AND C- 2-1857 WITH THE OCTA FOR STATE-LOCAL PARTNERSHIP PROGRAM City Council/Successor Agency December 18, 2012 Meeting Agenda Page 3 of 7 (SLPP) FORMULA GRANT PROJECTS Staff is requesting that the City Council approve Cooperative Agreement Nos. C-2-1822, C-2-1852, and C-2-1857 with the Orange County Transportation Authority (OCTA) for implementation of projects under the State-Local Partnership Program (SLPP) Formula Grant, including the Enderle Center Drive and Vandenberg Lane Intersection Safety Enhancements Project CIP No. 40078, the Newport Avenue Bicycle Trail Reconstruction Project between Main Street and Irvine Boulevard CIP No. 70219, the McFadden Avenue Rehabilitation Project between Mantle Lane and Pasadena Avenue CIP No. 70213, and the Irvine Boulevard Rehabilitation Project between Prospect Avenue and Holt Avenue CIP No. 70218. Recommendation: That the City Council approve Cooperative Agreement Nos. C-2-1822, C-2-1852, and C-2-1857 with the Orange County Transportation Authority for the Enderle Center Drive and Vandenberg Lane Intersection Safety Enhancements Project, the Newport Avenue Bicycle Trail Reconstruction Project between Main Street and Irvine Boulevard, the McFadden Avenue Rehabilitation Project between Mantle Lane and Pasadena Avenue, and the Irvine Boulevard Rehabilitation Project between Prospect Avenue and Holt Avenue, and authorize the Mayor and City Clerk to execute the documents on behalf of the City. 5. ACCEPT IMPROVEMENTS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70001 AND 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 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP No. 70001 and the Red Hill Avenue Rehabilitation Project between Valencia Avenue and Edinger Avenue CIP No. 70212, which includes the Orange County Sanitation District (OCSD) Gisler-Red Hill Sewer System Improvements, Reach B, Contract No. 7-37 have been completed to the satisfaction of the City Engineer and the project is now ready for City Council acceptance. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 12-110 accepting the construction of the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP No. 70001 and the Red Hill Avenue Rehabilitation Project between Valencia Avenue and Edinger Avenue CIP No. 70212, which includes the OCSD Gisler-Red Hill Sewer System Improvements, Reach B, Contract No. 7- City Council/Successor Agency December 18, 2012 Meeting Agenda Page 4 of 7 37; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 12-110 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 ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70001 AND 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 6. ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY The California Government Code, as amended, requires that Cities annually adopt their Investment Policy. This legislative action was in response to the Orange County bankruptcy. It requires the elected body and the Treasurer to review the existing Investment Policy at least annually and confirm its content at a public meeting and annually delegate authority to invest. Recommendation: Adopt the City of Tustin Investment Policy for calendar year 2013. 7. APPROVE THRESHOLD LEVELS FOR CAPITAL ASSETS Governmental Accounting Standards Board (GASB) pronouncement 34 requires the City to capitalize assets and depreciate those assets for financial reporting purposes. The City must set the dollar threshold to determine what purchases/infrastructure projects will be considered capital assets. Recommendation: That the City Council approve the dollar threshold for capital purchases other than infrastructure to increase from $5,000 to $10,000 and for infrastructure assets from $100,000 to $150,000. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 8 through 11) 8. TUSTIN RESPONSE TO EA/DFNSI FOR ARMY RESERVE CENTER City Council/Successor Agency December 18, 2012 Meeting Agenda Page 5 of 7 City Council concurrence is requested for the City of Tustin's response to the Environmental Assessment (EA) and Draft Finding of No Significant Impact (DFNSI) for the proposed construction and operation of a redeveloped US Army Reserve Center at 2345 Barranca Parkway. The project includes the demolition of existing improvements, the construction of a new Army Reserve training building, two accessory buildings, site improvements, and a land exchange with The District at Tustin Legacy. Recommendation: That the City Council direct staff to forward the attached response letter to the Army Reserve. 9. 2013 MAYORAL APPOINTMENTS TO COMMITTEES Annually, following selection of the Mayor, the Mayor appoints those members of the City Council who will serve on various City and Regional committees. Recommendation: That the City Council: 1. Confirm the attached appointments as recommended by the Mayor 2. Adopt Resolution No. 12-111 entitled: A Resolution of the City Council of the City of Tustin, California, Designating Its Representative and Alternate to the Orange County Fire Authority's Board Of Directors; 3. Approve FPPC Form 806: Agency Report of Public Official Appointments RESOLUTION NO. 12-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING ITS REPRESENTATIVE AND ALTERNATE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS 10. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. 11. CONSIDERATION OF SETTLEMENT AGREEMENT REGARDING KEYBANK LITIGATION (CITY OF TUSTIN V. KEYBANK, N.A., CASE #30-2011- 00529736-CU-FR-CXC) Staff report will be provided at the City Council meeting. OTHER BUSINESS/COMMITTEE REPORTS City Council/Successor Agency December 18, 2012 Meeting Agenda Page 6 of 7 ADJOURNMENT – The next meeting is scheduled for Tuesday, January 15, 2013 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Successor Agency December 18, 2012 Meeting Agenda Page 7 of 7