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Home My WebLink About02 CC MINUTES 02-05-13Agenda Item Reviewed: City Manager Finance Director MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 CENTENNIAL WAY TUSTIN, CA FEBRUARY 5, 2013 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2309 at 5.36 p.m. ATTENDANCE 2 Present: Mayor Al Murray Mayor Pro Tem Charles 'Chuck' Puckett and Councilmembers Rebecca 'Beckie Gomez and Allan Bernstein Absent: Councilmember Nielsen City Clerk: Jeffrey C. Parker 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(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 City Council /Successor Agency February 5, 2013 Minutes Page 1 of 12 1 Property Address /Description Agency City Negotiators Negotiating Parties Under Negotiation 2. Property Address /Description Agency City Negotiators Negotiating Parties Under Negotiation 3. Property Address /Description Agency City Negotiators Negotiating Parties Under Negotiation RECESSED at 5.37 p.m. RECONVENED at T01 p.m. Lots 1,2,3,4,5,6 7,8,9 10 11 II D Final Map 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 City of Tustin Jeffrey C Parker City Manager Elizabeth Binsack, Community Development Director and John Buchanan, Program Manager 0 C. Property Company LLC represented by Rick Kaplan, Mark Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc. Irvine, CA. Price and Terms of Payment Tustin Legacy Disposition Package 1B to include sale of Lots 8, 13, 14 and a portion of lettered lot 00000 in Tract 17404 City of Tustin Jeffrey C Parker City Manager and John Buchanan, Program Manager Ted McKibbin, President, Standard Pacific Homes, Southem Califomia Coastal Price and Terms of Payment Tustin Legacy Disposition Package 1C to include Lots 1 X and Y of Tract Map 17404 4 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 at 7:01 p.m. City Council /Successor Agency February 5, 2013 Minutes Page 2 of 12 INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE — Councilmember Bernstein ROLL CALL — City Clerk Present: Mayor Al Murray Mayor Pro Tem Charles 'Chuck' Puckett and Councilmembers Rebecca 'Beckie Gomez and Allan Bernstein Absent: Councilmember John Nielsen City Clerk: Jeffrey C Parker City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig — Council unanimously denied Claim No. 12 -31 otherwise no reportable action PRESENTATIONS • Orange County Human Relations - Juan Pablo Troncoso Philippi • Proclamation — Douglas Chapman; Presented by Mayor Murray Doug Davert congratulated Mr Chapman ORAL COMMUNICATION /PUBLIC INPUT • Reverand Leon W Clark • Chad Ortlieb • Sheldon Weiner • Wilma Philpott • Bobby McDonald CONSENT CALENDAR ITEMS 1 — 8 It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Gomez to pull consent item 8 and to approve the balance of the consent calendar items on the agenda as recommended by staff Motion carried 4 -0 1 APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY City Council /Successor Agency February 5, 2013 Minutes Page 3 of 12 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. 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 City Council /Successor Agency February 5, 2013 Minutes Page 4 of 12 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: 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 City Council /Successor Agency February 5, 2013 Minutes Page 5 of 12 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) 8. AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLANS 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. It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem Puckett to 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 Motion carried: 4 -0 REGULAR BUSINESS ITEMS 9 - 15 9 COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30 2012 PowerPoint presentation by Pam Arends -King Michael from White Nelson Diehl Evans LLP summarized the findings City Council /Successor Agency February 5, 2013 Minutes Page 6 of 12 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. It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem Puckett to 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. Motion carried: 4 -0 10. FISCAL YEAR 2012 -2013 MID -YEAR BUDGET REVIEW PowerPoint presentation by Sean Tran 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. It was moved by Councilmember Gomez and seconded by Mayor Pro Tem Puckett to 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; City Council /Successor Agency February 5, 2013 Minutes Page 7 of 12 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 Departments 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 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. Motion carried: 4 -0 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. Council directed the City Attorney to research ordinances relating to this topic, compare with other jurisdictions and return with a report at a Council meeting in March for discussion. City Council /Successor Agency February 5, 2013 Minutes Page 8 of 12 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. Ted McKibbin from Standard Pacific Corporation addressed the Council It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Gomez to: 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 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 Motion carried: 4 -0 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. By roll call vote, the Council voted 4 -0 to approve to have a second reading by title only and adoption of Ordinance No 1418. 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 City Council /Successor Agency February 5, 2013 Minutes Page 9 of 12 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. It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Gomez to 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 REQUIREMENTS Motion carried: 4 -0 15 LEGISLATIVE REPORT Jeff Parker provided an update on proposed legislation for 2013 -2014 OTHER BUSINESS /COMMITTEE REPORTS CITY MANAGER • Provided an update on the recruitment for Human Resources Director; announced Derick Yasuda has been promoted to Human Resources Manager and the Director position will not be filled • Announced Erica Rabe has been promoted to City Clerk Services Supervisor CITY ATTORNEY • Wished Jeff Parker a happy birthday COUNCILMEMBER BERNSTEIN • Participated in the chili cook off committee meeting on January 26, thanked Donna City Council /Successor Agency February 5, 2013 Minutes Page 10 of 12 Marsh Peery • Attended second ribbon cutting for Hewes Middle School activity center congratulated Greg Franklin and Tustin Unified School District • Attended the Orange County Fire Authority's Annual Best and Bravest Awards ceremony on January 31 • Attended the Orange County Business Council meeting at the Hyatt Regency • Attended the Water Advisory committee meeting • Attended the Mayor's inaugural dinner on February 1 thanked Erin Nielsen and her staff and Randi Bernstein for arranging the silent auction • Attended the Building Industry Association s event for newly elected official at the Bosch showroom in Irvine on February 4 • Toured the hangar with executive staff on February 4 • Wished Jeff Parker many more happy and healthy birthdays COUNCILMEMBER GOMEZ • Attended the Community Services Committee meeting on January 16 • Attended the Granada Plaza ribbon cutting on January 17 • Attended the City Council workshop on January 21 thanked Orange County Register for publishing a summary • Attended a meeting with various non - profits to discuss the homeless population on January 23 • Attended the Senior Advisory Board meeting on January 24 reached goal to purchase message screens; announced Sweetheart Ball is February 13 • Attended AAUW legal advocacy meeting on January 26 discussed the quality of academic and sports opportunities for students • Attended the Beckman High School softball bingo night • Sorry she wasn't able to attend the Mayor's dinner due to prior work commitment • Congratulated Derick Yasuda and Erica Rabe on new positions • Wished Jeff Parker a happy birthday MAYOR PRO TEM PUCKETT • Congratulated Derick Yasuda and Erica Rabe • Recognized and thanked the boy scout troop in attendance • Requested to adjourn in honor of Fran Lundquist • Attended an orientation for the Transportation Corridor Agency has been appointed to three ad hoc committees • Attended City of Garden Grove s State of the City luncheon • Attended the Mayor's inaugural dinner thanked Erin Nielsen and committee • Attended second ribbon cutting for Hewes Middle School activity center MAYOR MURRAY • Congratulated Derick Yasuda and Erica Rabe • Wished Jeff Parker a happy birthday • Complimented Mr Parker with organizational decisions • Participated in the chili cook off committee meeting City Council /Successor Agency February 5, 2013 Minutes Page 11 of 12 • Attended second ribbon cutting for Hewes Middle School activity • Attended the Granada Plaza ribbon cutting on January 17 • Attended the City Council workshop on January 21 complimented staff • Attended the Municipal Water Board of Orange County meeting on January 23, Senator Rubio was a guest speaker • Attended the Orange County Fire Authority Board of Directors meeting and Executive meeting on January 24 • Attended retirement ceremony for Deputy Chief Craig Hunter from Anaheim Police Department • Attended the Orange County Transit Authority meeting • Attended 101 birthday of Precious Simms at Cranbrook Senior Living on January 30 • Attended the Orange County Fire Authority's Best and Bravest Annual Awards dinner • Attended the Inaugural dinner on February 1 • Attended the Black History Parade in Anaheim on February 2 • Attended the Orange County Transportation meeting and Regional Planning and Highways meeting on February 4 ADJOURNED IN HONOR OF FRAN LUNDQUIST ADJOURNMENT at 8.58 p.m. — 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 T00 p.m. in the Council Chamber 300 Centennial Way, Tustin, Califomia. City Council /Successor Agency February 5, 2013 Minutes Page 12 of 12