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Home My WebLink About00 CC AGENDA 2.19.13CITY 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 19, 2013 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2310 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 [Govt. Code § 54956.9(c)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO [Govt. Code § 54956.9(d2)] — Two Cases 3. PUBLIC EMPLOYMENT: [Govt. Code § 54957] — Two Cases • Performance evaluation of the City Manager • Performance evaluation of the City Attorney 4. LIABILITY CLAIMS [Govt. Code § 54956.95] • Consideration of Claim of Carlos Cortez, Claim No. 13 -01 • Consideration of Claim of Grisel Montes, Claim No. 13 -04 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Code 54956.8) — Three cases LITIGATION LITIGATION (Government 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, 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 3. Property Tustin Legacy Disposition Package 1 C to include Address /Description Lots 1, X and Y of Tract Map 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Regency Centers, John Meehigan Under Negotiation Price and Terms of Payment JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY VE[1I111 a►vi I CALL TO ORDER — Meeting #2310 INVOCATION — Councilmember Bernstein PLEDGE OF ALLEGIANCE — Councilmember Nielsen City Council /Successor Agency February 19, 2013 Meeting Agenda Page 2 of 9 ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • 2013 California Teacher of the Year - David Goldenberg • Teen Recognition Program (Lion's Club District 4 -L4) — Robert B. Nelsen 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. PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Item 1) 1. SPECIFIC PLAN AMENDMENT 2012 -002 (ORDINANCE NO. 1426), MCAS TUSTIN SPECIFIC PLAN The proposed amendment of the MCAS Tustin Specific Plan is intended to: 1) clarify, consolidate, simplify, and update current Specific Plan language, tables, and regulations; 2) implement the City Council- approved disposition strategy and reflect recently approved entitlements; and 3) make other minor text or exhibit/graphic improvements to the MCAS Tustin Specific Plan. The proposed Amendment is consistent with the current overall development potential, intensity, and /or residential capacity allowed by the MCAS Tustin Specific Plan. Recommendation: That the City Council introduce and have a first reading of Ordinance No. 1426, approving Specific Plan Amendment (SPA) 2012 -002, implementing text amendments to the MCAS Tustin Specific Plan (Attachment 3) and set a second reading at the next City Council meeting. ORDINANCE NO. 1426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2012 - 002, IMPLEMENTING MINOR TEXT AMENDMENTS TO THE MCAS City Council /Successor Agency February 19, 2013 Meeting Agenda Page 3 of 9 TUSTIN SPECIFIC PLAN 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 2 through 10) 2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD FEBRUARY 5, 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 February 5, 2013. 3. 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 $11,182.39 and $583,247.44; and Demands in the amount of $4,209,802.94. 4. ADOPT RESOLUTION NO. 13 -05 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2013 -2014 State law requires an engineering analysis each year to identify property benefits and to levy assessments in the Tustin Landscape and Lighting District Resolution No. 13 -05 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2013 -2014. Recommendation: It is recommended that the City Council adopt Resolution No 13 -05 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2013 -2014. City Council /Successor Agency February 19, 2013 Meeting Agenda Page 4 of 9 RESOLUTION NO. 13 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2013 -2014 5. ADOPT RESOLUTION NO. 13 -07 AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR THE CITY ENGINEER TO ACCEPT CAPITAL IMPROVEMENT PROJECTS AS COMPLETE AND FILE NOTICES OF COMPLETION In order to properly deem work complete under a contract of a capital improvement project, the project must be accepted as complete and a notice of completion recorded with fifteen (15) days of acceptance in the Office of the County Recorder. The City Council may adopt a resolution authorizing the Director of Public Works or the City Engineer to accept capital improvement projects as complete and to file a Notice of Completion for these projects. This will ensure the Notices of Completion occur on a timely basis. Recommendation: It is recommended that the City Council adopt Resolution No. 13 -07 authorizing the Director of Public Works or the City Engineer to accept capital improvement projects as complete, and to file a Notice of Completion in the Office of the County Recorder. RESOLUTION NO. 13 -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR THE CITY ENGINEER TO ACCEPT CAPITAL IMPROVEMENT PROJECTS AS COMPLETE AND FILE A NOTICE OF COMPLETION IN THE OFFICE OF THE COUNTY RECORDER 6. TERMINATE THE CONTRACT FOR ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES WITH WEST COAST STORM, INC. AND AUTHORIZE THE USE OF UNITED STORM WATER, INC. ON AN INTERIM BASIS The termination of the City of Tustin's contract with West Coast Storm, Inc. and the authorization to use United Storm Water Inc. until such time new bid proposals are requested for City catch basin insert and screen maintenance. Recommendation: It is recommended that the City Council adopt Resolution No. 13 -10 terminating the contract with West Coast Storm, Inc. for failure to clean and maintain the City's catch basin inserts and screens, and authorize the City to use United Storm Water Inc. on an interim basis while a new request for proposals is prepared and a new contract signed. City Council /Successor Agency February 19, 2013 Meeting Agenda Page 5 of 9 RESOLUTION NO. 13 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA TERMINATING THE CONTRACT WITH WEST COAST STORM, INC. FOR THE ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES AND AUTHORIZING UNITED STORM WATER, INC. TO PERFORM THESE SERVICES ON AN INTERIM BASIS AND MAKING FINDINGS EXEMPTING SUCH AWARD OF CONTRACT FROM THE COMPETITIVE BID PROCESS 7. OFFICE LEASE EXTENSION FOR 275 CENTENNIAL WAY, SUITE 104 AND SUITE 104A Authorization is requested to execute a lease extension through June 30, 2016 for two suites located at 275 Centennial Way to provide supplemental office space for Successor Agency employees and certain operational functions. Recommendation: It is recommended the City Council, acting as the Successor Agency to the former Redevelopment Agency (RDA), authorize the City Manager to execute a lease extension for Suites 104 and 104A at 275 Centennial Way consistent with the general terms identified in this Agenda Report and subject to final review and approval of the lease extension by the City Attorney 8. SUCCESSOR AGENCY APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR PERIOD OF JULY 1, 2013 THROUGH DECEMBER 31, 2013 Pursuant to AB 1X 26 and the recently passed AB 1484, the City of Tustin, acting as the Successor Agency to the Tustin Community Redevelopment Agency (Successor Agency), is seeking approval of the Recognized Obligation Payment Schedule 13 -14A ( "ROPS 13 -14A ") for the period of July 1, 2013 through December 31, 2013. Recommendation: It is recommended the City Council, acting as the Successor Agency, approve ROPS 13 -14A for the period of July 1, 2013 through December 31, 2013, and authorize submission of the ROPS 13 -14A to the Department of Finance ( "DoF ") by March 1, 2013, subject to the following conditions: 1) Review and approval by the Oversight Board; and 2) Should any subsequent modifications be required to ROPS 13 -14A by the Successor Agency, independent auditor, or the DoF, the City Manager and /or Finance Director, or their authorized designee, shall be City Council /Successor Agency February 19, 2013 Meeting Agenda Page 6 of 9 authorized to make any augmentation, modification, additions or revisions as may be necessary subject to certification by the Oversight Board Chair. (Note: Pursuant to AB 1484 - amended California Health and Safety Code (HSC) Section 34177(m), the above actions by the City's Successor Agency shall not become effective for forty -five (45) business days after approval by the Oversight Board pending a review by the DoF. Within five business days of the DoF's determination, the Successor Agency can request additional review by the DoF and an opportunity to meet and confer on disputed items.) 9. SUCCESSOR AGENCY APPROVAL OF AMENDED ADMINISTRATIVE BUDGETS AND AUTHORIZATION TO ENTER INTO A FOURTH AMENDED AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY FOR ADMINISTRATIVE SUPPORT Successor Agency approval is requested of an amended Administrative Budget and authorization for the City and Successor Agency to enter into a Fourth Amended Agreement for reimbursement of administrative support. Recommendation: 1) It is recommended the City Council approve and authorize the City to enter into a Fourth Amended Agreement for Reimbursement of Costs and City /Successor Agency Operations Loan with the City acting as Successor Agency to the Tustin Community Redevelopment Agency. 2) It is recommended the City, acting as the Successor Agency to the Tustin Community Redevelopment Agency ( "City Successor Agency "), take the following actions: A. Approve the attached amended Administrative Budget pursuant to California Health and Safety Code (HSC) Section 341770) Should any subsequent modifications be determined necessary, the City Manager and /or Finance Director, or their authorized designee, shall be authorized to make augmentation, modification additions or revisions as may be necessary subject to Oversight Board approval. B. Approve and authorize the Successor Agency to enter into an Agreement for Reimbursement of Costs and City /Successor Agency Operations Loan with the City for reimbursement of costs incurred by the City to support Successor Agency operations, obligations consistent with the Administrative Budget approved by the Successor Agency The Successor Agency shall also be authorized to enter into any agreements necessary to provide City Council /Successor Agency February 19, 2013 Meeting Agenda Page 7 of 9 administrative support services as identified in the Administrative Budget attached hereto. 10. FY2012 URBAN AREA SECURITY INITIATIVE (UASI) GRANT The City of Anaheim, in its capacity as a Core City for the Anaheim /Santa Ana Urban Area, has applied for received and accepted a grant entitled "FY 2012 Urban Areas Security Initiative" (UASI). This grant is from the Federal Department of Homeland Security Federal Emergency Management Agency through the State of California Emergency Management Agency. It is intended to enhance countywide emergency preparedness, and to help the Operational Area prevent, respond to and recover from acts of terrorism, as set forth in the grant guidelines and assurances that are incorporated into this Agreement by reference. The Office of Grants and Training has awarded $3,697,738 to the City of Anaheim for use in the Anaheim /Santa Ana Urban Area, for the term of January 16, 2013 through March 31, 2014 The funds are now available for distribution throughout the Operational Area, and the City of Tustin, as a Sub - Recipient, is authorized to participate in the grant funding. First, however the City must designate an authorized representative and approve the Transfer Agreement. Recommendation: It is recommended that the City Council: 1) Adopt Resolution 13 -06 designating the Chief of Police or his designee as the City's authorized representative for the FY 2012 UASI grant. 2) Approve the FY 2012 UASI Transfer Agreement between the City of Anaheim and the City of Tustin. RESOLUTION NO 13 -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY'S AUTHORIZED REPRESENTATIVE FOR THE FY 2012 URBAN AREAS SECURITY INITIATIVE (UASI) REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 11) 11. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current City Council /Successor Agency February 19, 2013 Meeting Agenda Page 8 of 9 legislation of interest. OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, March 5, 2013 at 4:30 p.m. for the Special Meeting followed by the Closed Session Meeting at 5:30 and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council /Successor Agency February 19, 2013 Meeting Agenda Page 9 of 9