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Home My WebLink About00 CC AGENDA 2-5-13CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Charles E. "Chuck" Puckett, Mayor Pro Tern John Nielsen, Councilmember Al Murray, Mayor Rebecca "Beckie" Gomez, Councilmember Allan Bernstein, Councilmember FEBRUARY 5, 2013 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2309 ATTENDANCE Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Jeffrey C. Parker, City Clerk George Jeffries, City Treasurer 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(d2)] — Two Cases 3. LIABILITY CLAIM [Govt. Code § 54956.95] a. Consideration of Claim of Andrew Cawood, Claim No. 12 -31 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — Three cases 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 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. 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 3. Property Address /Description Agency City Negotiators Negotiating Parties Under Negotiation Tustin Legacy Disposition Package 1 C to include Lots 1, X and Y of Tract Map 17404. City of Tustin Jeffrey C. Parker, City Manager Regency Centers, John Meehigan 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 #2309 INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE — Councilmember Bernstein ROLL CALL — City Clerk City Council /Successor Agency February 5, 2013 Meeting Agenda Page 2 of 10 CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • Orange County Human Relations - Juan Pablo Troncoso Philippi • Proclamation — Douglas Chapman 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 8) 1. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD JANUARY 15, 2013 AND THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL HELD JANUARY 28, 2013. 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 January 15, 2013 and the Special Closed Session meeting of the City Council held January 28, 2013. 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 $1,007,280.57, $12,187.17, $573,699.09, and $11,182.39; and Demands in the amount of $4,665,771.76. City Council /Successor Agency February 5, 2013 Meeting Agenda Page 3 of 10 3. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. 4. APPROVE AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. C -8- 0863 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR RAIL CROSSING SAFETY ENHANCEMENTS AT THE RED HILL AVENUE RAILWAY CROSSING (CIP 40069) The Orange County Transportation Authority (OCTA) is currently administering construction of the Rail- Highway Crossing Safety Enhancements and Safety Measures Related to Quiet Zone Implementation at the Red Hill Avenue railway crossing. Work is proceeding under Cooperative Agreement No. C -8 -0863 between the City of Tustin and the OCTA. Amendment No. 2 to the Agreement will extend the term of the agreement as requested by the OCTA for final project closeout purposes. Recommendation: It is recommended the City Council: 1. Approve Amendment No. 2 to Cooperative Agreement No. C -8 -0863 with the Orange County Transportation Authority for Rail- Highway Crossing Safety Enhancements and Safety Measures Related to Quiet Zone Implementation at the Red Hill Avenue railway crossing, and 2. Authorize the Mayor and City Clerk to execute the document on behalf of the City. 5. APPROVE GRANTS OF EASEMENTS TO THE IRVINE RANCH WATER DISTRICT FOR CITRUS RANCH PARK CIP 20046 AND THE TUSTIN METROLINK STATION CIP 10062 Construction of Citrus Ranch Park included installation of onsite Irvine Ranch Water District (IRWD) water pipeline facilities and construction of a parking structure at the Tustin Metrolink Station required relocation of some existing IRWD water pipelines. It is therefore necessary for the City of Tustin to grant non - exclusive easements to IRWD for water pipeline and access purposes on each of those properties. Recommendation: It is recommended that the City Council: City Council /Successor Agency February 5, 2013 Meeting Agenda Page 4 of 10 1. Grant a non - exclusive easement to the Irvine Ranch Water District on the Citrus Ranch Park Property for water pipeline and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City; and 2. Grant a non - exclusive easement to the Irvine Ranch Water District on the Tustin Metrolink Station Property for water pipeline and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 6. ADOPT RESOLUTION NO. 13 -02 APPROVING LOT LINE ADJUSTMENT NO. 2012 -03 A lot line adjustment to reconfigure three (3) parcels is required to facilitate construction of the proposed Bonefish Restaurant located at 3040 El Camino Real. The proposed lot line adjustment application has been submitted by John W. Murphy and Louis K. Raymond, Senior Vice President and Assistant Secretary of the Irvine Company. Recommendation: It is recommended that the City Council adopt Resolution No. 13 -02 approving Lot Line Adjustment No. 2012 -03. RESOLUTION NO. 13 -02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 2012 -03 7. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PARK PLAYGROUND EQUIPMENT PURCHASE AND INSTALLATION AT CEDAR GROVE PARK (CIP No. 20071) This project includes the purchase and installation of playground equipment and ADA required playground surfacing and ramps at Cedar Grove Park. Recommendation: Staff recommends that the City Council approve Resolution No. 13 -08, approving specifications for the purchase and installation of new playground equipment at Cedar Grove Park (CIP No. 20071), and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 13 -08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PARK PLAYGROUND EQUIPMENT PURCHASE AND INSTALLATION AT CEDAR GROVE PARK (CIP No. 20071) City Council /Successor Agency February 5, 2013 Meeting Agenda Page 5 of 10 8. AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLANS 0 10 Adoption of the attached Resolution will amend the City's Classification Plan and Compensation Plan to reflect changes recommended by staff to facilitate organizational restructuring. Recommendation: Adopt Resolution 13 -09 to amend the City's Classification and Compensation Plans. RESOLUTION NO. 13 -09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 9 through 15) COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2012 The City engages an independent certified public accounting firm to complete an annual audit of the City's financial records. There are a number of reports such as the Comprehensive Annual Financial Report (CAFR), produced as a result of the annual audit and there are actions that are required by the City's governing board (City Council) to meet the requirements of various auditing standards, such as meeting with the auditing firm that conducted the audit to discuss the audit and internal control issues. Recommendation: That the City Council: 1. Receive and file the CAFR for the year ended June 30, 2012. 2. Receive and file the additional letters and reports: Management Letter, Significant Audit Findings Letter, Government Auditing Standards Letter, Appropriations Limit Worksheet 3. Discuss the audit and internal controls with the independent certified public accounting firm, White Nelson Diehl Evans LLP, who conducted the audit. FISCAL YEAR 2012 -2013 MID -YEAR BUDGET REVIEW City Council /Successor Agency February 5, 2013 Meeting Agenda Page 6 of 10 The following is staffs review of the City's first seven (7) months of operations under the adopted /amended FY 2012 -13 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. Recommendation: It is recommended that the City Council approve these Non - General Fund appropriations: 1. Approve a supplemental appropriation of $137,306 from the unappropriated reserves of the Community Facilities District 06 -1 Construction Annexation funds for costs associated with Tustin Ranch Road Extension; 2. Approve a supplemental appropriation of $344,800 in the Community Facilities District 06 -1 Debt Service Fund for additional bond indenture payments made by the fiscal agent; 3. Approve a supplemental appropriation of $2,000 in the Community Facilities District 07 -1 Construction Fund for administrative fees paid by the fiscal agent; 4. Approve a supplemental appropriation of $145,940 from the unappropriated reserves of the Water Enterprise Fund for increase production costs; 5. Approve a supplemental appropriation of $77,000 from the unappropriated reserves and revenues of the Air Quality Management District Fund, motor vehicle registration subvention funds, to be used towards the annual maintenance cost for the Metrolink rail station parking structure and capital projects; 6. Approve a supplemental appropriation of $187,625 from the unappropriated reserves of the Land Held for Resale Fund for legal and property improvement costs associated with land held for resale; 7. Approve a supplemental appropriation of $30,000 from the unappropriated reserves of the Equipment Replacement Fund for costs associated with improvement on the Police Department's mobile command center, which will be reimbursed by a County grant; 8. Approve a supplemental appropriation of $1,000 from the unappropriated reserves of the Supplemental Law Enforcement Fund for increase City Council /Successor Agency February 5, 2013 Meeting Agenda Page 7 of 10 personnel costs; and 9. Approve a supplemental appropriation of $47,927 from the unappropriated reserves of the Park Development Fund for capital project costs associated with Tustin Sports Park. 11. RESIGNATION OF COMMISSIONERS UPON RUNNING FOR CITY COUNCIL; TIMING OF PROCESS FOR REPLACEMENT APPOINTMENTS This report responds to the City Council's request that the City Manager and City Attorney report back regarding whether a uniform rule applies to all commissions that requires any commissioner to resign upon filing nomination papers to run for City Council. Recommendation: Direct the City Attorney to return to the Council with a proposed Resolution directing the following steps to be taken when future Commission resignations or vacancies occur: A. Bring to the Council a proposed replacement commissioner appointment schedule for each resignation within two (2) Council meetings after the date of a commissioner resignation, and B. Include in any such schedule: (i) the time and manner for public notice of the vacancy and for requesting applications from interested individuals; (ii) a deadline for such applications to be submitted; and (iii) time for City Council interviews of the candidates and appointment of the replacement Commissioner. 12. STANDARD PACIFIC CORPORATION PROPOSED FIRST AMENDMENT TO THE EXCLUSIVE AGREEMENT TO NEGOTIATE (ENA) The City and Standard Pacific Corporation ( "Standard Pacific" or "Developer ") entered into an Exclusive Agreement to Negotiate (ENA) for Tustin Legacy Disposition Package 1B on July 17, 2012. This proposed amendment to the ENA extends the period for negotiation to June 14, 2013 and proposes to include an additional portion of Disposition Package 6, known as 6A. Recommendation: 1. Authorize the City Manager to execute the attached First Amendment to the ENA between the City of Tustin and Standard Pacific Corporation (Developer), subject to any non - substantive modifications as may be recommended by the City's special real estate counsel or the City Attorney. City Council /Successor Agency February 5, 2013 Meeting Agenda Page 8 of 10 2. Find that the direct negotiation of 6A will provide additional benefits to the City that are not available from the public at large or others who might reasonably expect to respond to a solicitation and that a solicitation process would not produce any advantage for the City. 13. SECOND READING AND ADOPTION OF ORDINANCE NO. 1418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING VARIOUS SECTIONS OF PART 6 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO OFF - STREET PARKING Code Amendment (CA) 2012 -03 amends Part 6 (Off- street Parking) of the Tustin City Code. On December 11, 2012, the Planning Commission adopted Resolution No. 4212, recommending that the City Council approve Code Amendment 2012 -03 (Ordinance No. 1418), amending the parking code. Recommendation: Have second reading by title only and adoption of Ordinance No. 1418 (roll call vote). ORDINANCE NO. 1418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING VARIOUS SECTIONS OF PART 6 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO OFF - STREET PARKING 14. SECOND READING AND ADOPTION OF ORDINANCE NO. 1425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING PART 6 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO DAY CARE CENTERS PARKING REQUIREMENTS Code Amendment (CA) 2012 -04 amends Part 6 (Off- street Parking) of the Tustin City Code. On December 11, 2012, the Planning Commission adopted Resolution No. 4213, recommending that the City Council approve Code Amendment 2012 -04 (Ordinance No. 1425), amending the parking code. Recommendation: Have second reading by title only and adoption of Ordinance No. 1425 (roll call vote). ORDINANCE NO. 1425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING PART 6 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO DAY CARE CENTERS PARKING City Council /Successor Agency February 5, 2013 Meeting Agenda Page 9 of 10 REQUIREMENTS 15. LEGISLATIVE REPORT Staff has prepared the following Legislative Summary for the Council's review: • Proposed Legislation for 2013 -2014 Recommendation: Receive and file. OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, February 19, 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 February 5, 2013 Meeting Agenda Page 10 of 10