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Home My WebLink AboutREVISED AGENDA ITEM 03 DISTRIBUTED AT CC MEETINGREVISED Agenda Item 3 Reviewed: City Manager Finance Director N/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. CALL TO ORDER — Meeting #2305 at 5:36 p.m. 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 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 — 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 10 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 1,2,3,4,5,6,7,8,9, 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, Inc., Irvine, CA. Under Negotiation Price and Terms of Payment 2. Property Tustin Legacy Disposition Package 1 B 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 7:00 P.M. CALL TO ORDER — Meeting #2305 at 7:10 p.m. City Council /Successor Agency December 18, 2012 Minutes Page 2 of 10 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. ORAL COMMUNICATION /PUBLIC INPUT — None 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. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Code Section 37208 to City Council /Successor Agency December 18, 2012 Minutes Page 3 of 10 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. 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 10 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 10 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 10 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 OTHER BUSINESS /COMMITTEE REPORTS CITY MANAGER • Announced Deputy City Manager, Chuck Robinson, will begin employment on December 26, 2012 • Announced he will be out of the office on Thursday, December 20 as he is attending his daughter's graduation; congratulated her CITY ATTORNEY • Congratulated City Manager's daughter for graduating • Wished everyone happy holidays COUNCILMEMBER BERNSTEIN • Expressed heartfelt condolences to those affected by the tragic event at Sandy Hook elementary school • Attended the Manufactured Housing Educational Trust Breakfast on December 5; City Council /Successor Agency December 18, 2012 Minutes Page 7 of 10 shout out to Vickie Talley • Attended Gift of History VIP reception at Diamond Club at the Angels Stadium hosted by Children's Education of Orange County on December 6 • Attended California's Apartment Association of South Coast breakfast on December 7; Mayor Murray donated raffle prize to the Tustin Community Foundation • Attended Citrus Ranch art wall unveiling on December 8 • Attended annual holiday party for Association of California Cities of Orange County on December 13 • Attended Columbus Tustin Middle School Activity Center ribbon cutting ceremony on December 14; congratulated Gregory Franklin and his staff • Wished those that celebrate the Festival of Lights a belated Happy Hanukkah • Thanked all who have bestowed the honor of public service; thanked those contributed time and effort toward his campaign; thanked colleagues for a heartwarming welcome • Thanked Santa Claus and Mrs. Claus, with support of the Police Department, for visiting Tustin • Wished everyone a Merry Christmas and a happy, healthy, prosperous and safe new year COUNCILMEMBER GOMEZ • Attended the Manufactured Housing Educational Trust Breakfast on December 5; Dr. Randall Peters was an inspirational speaker • Attended the City of Tustin's Employee Service awards breakfast on December 6 • Attended the City's tree lighting event on December 7 • Attended the Citrus Ranch Park unveiling of the new art wall on December 8; thanked Parks and Recreation for both events • Attended Tustin Meadows holiday reception on December 8 • Attended the Tustin Chamber of Commerce holiday breakfast on December 12 • Attended Orange County Waste Management Commission meeting on December 13; elected officers for new year; featured in Real Orange program • Attended ribbon cutting at Columbus Tustin on December 14 • Visited DUI checkpoint on December 14; thanked Police Department • Reminded all to keep families of Newtown in your thoughts and hearts • Wished everyone happy holidays; looking forward to good things in 2013 COUNCILMEMBER NIELSEN • Attended the Orange County Sanitation District Operations meeting • Attended tree lighting ceremony on December 7 • Attended Tustin High School dance team holiday celebration show on December 7; thanked dancers and parents for a great program; congratulated daughter Kierstie for coaching • Attended the unveiling of the art wall mural at Citrus Ranch park; thanked Liz Fortner • Attended the Association of California Cities holiday reception; co- hosted by City Council /Successor Agency December 18, 2012 Minutes Page 8 of 10 Orange County Hispanic Chamber of Commerce • Attended the Tustin Chamber of Commerce membership breakfast • Thinking about the tragedy at Sandy Hook elementary; thankful for living in the best hometown in Orange County; mentioned Mayor Murray is working with the Police Chief to enhance safety measures at schools • Reminded all to think about the men and women in uniform who allow us to enjoy our freedom MAYOR PRO TEM PUCKETT • Expressed his happiness to be serving on the Council once again • Attended the Citrus Ranch art wall dedication • Attended the ribbon cutting for Columbus Tustin middle school • Attended the tree lighting ceremony • Attended the Chamber of Commerce breakfast • Rode the Santa sleigh; especially enjoyed stopping at the Orange County Rescue Mission • Attended the Chamber of Commerce multi -city mixer at the Elks club; won contest for "Grandest Santa" • Wished all a Merry Christmas and Happy New Year; looking forward to good things in 2013 MAYOR MURRAY • Attended the Manufactured Housing Educational Trust Breakfast on December 5 • Attended the City of Tustin's Employee Service Awards breakfast on December 6 • Attended Gift of History VIP reception at Diamond Club at the Angels Stadium • Enjoyed the tree lighting ceremony • Attended the Citrus Ranch art wall dedication • Attended a special meeting at the Transportation Corridor Agency • Attended Orange County Transportation Authority meeting on December 10; approved a contract for improvements to the 405 freeway • Congratulated Chief Jordan for being selected as the new President of the Orange County Chiefs' and Sheriff's Association • Attended the Chamber of Commerce breakfast on December 12; Debra Isom was honored as Officer of the Month • Attended Association of California Cities of Orange County legislative committee meeting; Assemblyman Don Wagner plans to challenge S131 186, which increases business license and permit fees; Assemblyman Wagner received Legislator of the Year award from the California Apartment Association • Congratulated the Police Department for being the national award winner for National Night Out • Attended the ribbon cutting for Columbus Tustin middle school • Rode the Santa sleigh with his family • Visited the Orange County Rescue Mission toy drive event • Greeted the Metrolink holiday train with family • Visited the sobriety checkpoint; congratulated the Police Department City Council /Successor Agency December 18, 2012 Minutes Page 9 of 10 • Attended a vigil for the Newtown tragedy • Attended the American Diabetes association volunteer awards dinner at the Marconi Museum • Visited the Family and Youth center for the holiday basket program • Joined the Orange County Fire Authority's luncheon • Thanked colleagues for support • Wished everyone Happy Holidays and Happy New Year • Wished Patty Estrella a wonderful retirement 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 10 of 10