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Home My WebLink About02 CC MINUTES 02-19-13Agenda Item Reviewed: City Manager Finance Director MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTINCOMMUNITY REDEVELOPMENT AGENCY 300 CENTENNIAL WAY TUSTIN, CA FEBRUARY 19, 2013 CLOSED SESSION MEETING 5.30 P.M. CALL TO ORDER — Meeting #2310 at 5 34 p.m ATTENDANCE 2 Present: Mayor Al Murray and Councilmembers John Nielsen, Rebecca `Beckie Gomez and Allan Bernstein Absent: Mayor Pro Tem Charles E. 'Chuck' Puckett 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 PUBLIC EMPLOYMENT [Govt. Code § 54957] — Two Cases 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. • 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 (Government Code 54956 8) — Three cases 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 35 p.m. RECONVENED at T08 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, Southern California Coastal Price and Terms of Payment Tustin Legacy Disposition Package 1C 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 City Council /Successor Agency February 19, 2013 Minutes Page 2 of 11 TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7.00 P.M. CALL TO ORDER — Meeting #2310 at 7:08 p.m. INVOCATION — Councilmember Bernstein PLEDGE OF ALLEGIANCE — Councilmember Nielsen ROLL CALL — City Clerk Present: Mayor Al Murray and Councilmembers John Nielsen, Rebecca 'Beckie Gomez and Allan Bernstein Absent: Mayor Pro Tem Charles E. 'Chuck' Puckett City Clerk: Jeffrey C Parker City Clerk Others Present: David E. Kendig City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig — The Council unanimously denied claim no 13 -04 Grisel Montes, and denied claim no 13 -01 Carlos Cortez, by a vote of 3 -0 -1 with Councilmember Gomez abstaining otherwise no reportable action PRESENTATIONS • 2013 California Teacher of the Year - David Goldenberg; Mayor Murray presented a certificate of recognition • Teen Recognition Program (Lion s Club District 4 -L4) — Robert B Nelsen Rescheduled for the March 5 2013 meeting ORAL COMMUNICATION /PUBLIC INPUT — Chief Jordan provided an update on the shootings which occurred in Tustin and other jurisdictions in Orange County PUBLIC HEARING ITEM 1 Councilmember Nielsen recused himself 1 SPECIFIC PLAN AMENDMENT 2012 -002 (ORDINANCE NO 1426) MCAS City Council /Successor Agency February 19 2013 Minutes Page 3 of 11 TUSTIN SPECIFIC PLAN Powerpoint presentation was given by Dana Ogdon Public hearing opened at 7 34 p.m. Public hearing closed at 7 34 p.m with no comments 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. It was moved by and seconded by 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 TUSTIN SPECIFIC PLAN Motion carried: 3 -0 -1 Councilmember Nielsen returned to the dais CONSENT CALENDAR ITEMS 2 -10 It was moved by Councilmember Gomez and seconded by Councilmember Nielsen to pull consent items 5 6 7 and 10 to approve the balance of the consent calendar items on the agenda as recommended by staff Motion carried 4 -0 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 City Council /Successor Agency February 19 2013 Minutes Page 4 of 11 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 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. City Council /Successor Agency February 19 2013 Minutes Page 5 of 11 It was moved by Councilmember Nielsen and seconded by Mayor Murray to adopt the amended 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 The amended language of Resolution No 13 -07 will include NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin that the Director of Public Works or the City Engineer is hereby authorized to accept capital improvement projects as complete at the conclusion of each completed capital improvement project, and the City Clerk is hereby authorized to file the Notice of Completion in the Office of the County Recorder within fifteen (15) days after the project completion in those situations where it is not possible to bring the matter to the Council at a regular scheduled meeting. 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 Motion carried. 4 -0 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 It was moved by Councilmember Nielsen and seconded by Councilmember Bernstein to 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 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 City Council /Successor Agency February 19 2013 Minutes Page 6 of 11 FINDINGS EXEMPTING SUCH AWARD OF CONTRACT FROM THE COMPETITIVE BID PROCESS Motion carried: 4 -0 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. It was moved by Councilmember Nielsen and seconded by Councilmember Gomez that 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 Motion carried: 4 -0 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 authorized to make any augmentation, modification, additions or revisions as may be necessary subject to certification by the Oversight Board Chair City Council /Successor Agency February 19 2013 Minutes Page 7 of 11 (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 34177(j) 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 administrative support services as identified in the Administrative Budget attached hereto 10 FY2012 URBAN AREA SECURITY INITIATIVE (UASI) GRANT City Council /Successor Agency February 19 2013 Minutes Page 8 of 11 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. It was moved by Councilmember Gomez and seconded by Mayor Murray to 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) Motion carried: 4 -0 REGULAR BUSINESS ITEM 11 11 LEGISLATIVE REPORT Jeff Parker provided an update on the following upcoming legislation. • AB299 • SB33 • SCA9 • SB1 City Council /Successor Agency February 19, 2013 Minutes Page 9 of 11 OTHER BUSINESS /COMMITTEE REPORTS CITY MANAGER • Extended condolences, on behalf of city staff to the families of the shooting victims, thanked the Police Department; grateful to see the cooperative effort among all agencies involved COUNCILMEMBER BERNSTEIN • Attended the Association of California Cities of Orange County newly elected officials policy meeting on February 7 and 8 • Attended the American Israel Public Affairs Committee dinner on February 10 • Attended the Orchard Hills middle school science fair on February 12 • Attended ethics training on February 15 • Extend condolences to families who were affected by the tragic events today thanked the Police Department and Chief Jordan COUNCILMEMBER GOMEZ • Attended the Association of California Cities of Orange County meeting on February 8 • Attended the Orchard Hills middle school inaugural science fair on February 12 • Attended the Tustin Chamber breakfast on February 12, Detective Ryan Coe and Reserve Officer Bruce Williams were honored; featured speaker was Tony Rackauckas • Attended the Senior Center Sweetheart Ball which was coordinated with Tustin High Make a Wish Foundation • Attended the Chamber Business issues forum on February 15 • Attended ethics training sponsored by the Association of California Cities of Orange County • Attended active shooter training session sponsored by the Cypress Police Department • Thanked Tustin Police Department for hard work during today's event; extended thoughts and prayers to victims families and friends COUNCILMEMBER NIELSEN • Attended the Orange County Sanitation District Steering committee meeting and Board of Directors meeting • Attended the Orange County Council of Governments, hired Gwen Norton Perry as Executive Director • Attended the Mayor's inaugural dinner • Attended the Orange County Business Council officer installation • Attended Eagle Courts of Honor for Cameron Owens and Nathan Jensen • Offered condolences to the victims and their families; thanked Chief Jordan and Lieutenant Garaven, Irvine Police Department and Orange County Sherriff's Department City Council /Successor Agency February 19 2013 Minutes Page 10 of 11 MAYOR MURRAY • Attended the Association of California Cities of Orange County meeting on February 8. featured speaker was Councilmember Bernstein • Attended the Orange County Transportation Authority Board of Directors meeting on February 11 • Toured the OCTA s access facility on February 12 • Provided a OCTA update to the Yorba Linda City Council on February 12 • Attended the Tustin Chamber breakfast on February 12, Detective Ryan Coe and Reserve Officer Bruce Williams were honored; featured speaker was Tony Rackauckas • Attended the Orange County Fire Authority Budget and Finance meeting on February 13 • Attended daughter Lily's first CIF water polo competition on February 13 • Attended the Senior Center Valentine s Day Sweetheart luncheon on February 14 • Toured the 405 freeway with the Orange County Transportation Authority • Took his wife to dinner on Valentine s Day • Attended the Tustin Chamber Business Forum on February 15 • Attended the Lunar New Year celebration at the Tustin Library on February 17 • Toured Ladera Elementary on February 19 • Presented to the Lions Club regarding update on the City on February 19 • Thanked Chief Jordan and Tustin Police Department; thoughts and prayers extended to victims and families ADJOURNED IN MEMORY OF VICTIMS OF TODAY'S TRAGIC EVENT ADJOURNMENT at 8.05 p.m. 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 Minutes Page 11 of 11