The URL can be used to link to this page

Home My WebLink About03 CC MINUTES 12-18-12Agenda Item 3 Reviewed: City Manager Finance Director A/A MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 CENTENNIAL WAY TUSTIN, CA DECEMBER 18, 2012 CLOSED SESSION MEETING 5:30 P.M. [Syll 4 M rexel N 04 ZM ky, rm- ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tern Charles "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Patricia Estrella, City Clerk Others Present: David E. Kendig, City Attorney q [ON I ki 1:2 1111 MiNk 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. City Council/Successor Agency December 18, 2012 Minutes Page 1 of 7 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 1. Property Lots 1,2,3A5,6,7,8,9, 10,11, 11, 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, li 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 00000 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 RECESSED at 5:37 p.m. RECONVENED at 7:10 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY CALL TO ORDER — Meeting #2305 at 7:10 p.m. City Council/Successor Agency December 18, 2012 Minutes Page 2 of 7 INVOCATION — Mayor Pro Tern Puckett PLEDGE OF ALLEGIANCE — Councilmember Bernstein ROLL CALL — City Clerk Present: Mayor Al Murray, Mayor Pro Councilmembers John Nielsen, Bernstein Absent: None City Clerk: Patricia Estrella, City Clerk Others Present: David E. Kendig, City Attorney Tern Charles "Chuck" Puckett and Rebecca "Beckie" Gomez and Allan CLOSED SESSION REPORT — City Attorney David E. Kendig — Council approved settlement agreement in the City of Tustin v. Keybank matter. The details will be disclosed upon request after it is approved by the other parties to the agreement. Other than that, no reportable action. CONSENT CALENDAR ITEMS 1 -7 It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen to pull consent item 3 and to approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried 5 -0 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. The City Council has approved the use of Government Code Section 37208 to City Council /Successor Agency December 18, 2012 Minutes Page 3 of 7 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. It was moved by Councilmember Nielsen and seconded by Councilmember Gomez to 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. Motion 5-0 4. APPROVE COOPERATIVE AGREEMENT NOS. C-2-1822, C-2-1852, AND C- 2-1857 WITH THE OCTA FOR STATE-LOCAL PARTNERSHIP PROGRAM (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. City Council/Successor Agency December 18, 2012 Minutes Page 4 of 7 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- 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. City Council /Successor Agency December 18, 2012 Minutes Page 5 of 7 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 8-11 8. TUSTIN RESPONSE TO EA/DFNSI FOR ARMY RESERVE CENTER 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. It was moved by Councilmember Bernstein and seconded by Councilmember Nielsen to direct staff to forward the attached response letter to the Army Reserve. Motion carried 5-0 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. Councilmember Nielsen clarified there is no alternate for Southern California Association of Governments. It was moved by Councilmember Bernstein and seconded by Councilmember Nielsen to: City Council/Successor Agency December 18, 2012 Minutes Page 6 of 7 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 Motion carried 5-0 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 City Manager, Jeffrey Parker, provided a report regarding upcoming legislation. 11. CONSIDERATION OF SETTLEMENT AGREEMENT REGARDING KEYBANK LITIGATION (CITY OF TUSTIN V. KEYBANK, N.A., CASE #30-2011- 00529736-CU-FR-CXC) It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Bernstein to authorize an appropriation of $2,125,000.00 for the settlement agreement. Motion carried 5-0 ADJOURNED at 7:55 p.m. — 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 Minutes Page 7 of 7