HomeMy WebLinkAbout00 CC AGENDA 3-5-13CITY 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
MARCH 5, 2013
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
Jeffrey C. Parker, City Manager
David E. Kendig, City Attorney
Jeffrey C. Parker, City Clerk
George Jeffries, City Treasurer
JOINT REGULAR MEETING OF THE
CITY COUNCIL AND SUCCESSOR AGENCY TO THE
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
7:00 P.M.
CALL TO ORDER — Meeting #2311
INVOCATION — Mayor Murray
PLEDGE OF ALLEGIANCE — Councilmember Gomez
ROLL CALL — City Clerk
CLOSED SESSION REPORT — City Attorney David E. Kendig
PRESENTATIONS
• Teen Recognition Program (Lion's Club District 4 -1-4) — 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.
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.
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. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENTS
PERFORMANCE EVALUATION AND POTENTIAL REALLOCATION OF
FUNDS
The Housing and Community Development Act of 1974, as amended,
established the Community Development Block Grant (CDBG) program to
return federal funds to local communities for the purpose of developing viable
urban communities by providing decent housing, suitable living environments,
and by expanding economic opportunities, specifically for low and moderate
income persons. The City of Tustin's CDBG grant award for the 2013 -14
program year is anticipated to be approximately $590,000 based on the prior
year funding allocation provided by the federal Department of Housing and
Urban Development (HUD).
Pursuant to CDBG program regulations, to carry out the program the City will
need to have at least two public hearings. One hearing is conducted during the
preparation of the Action Plan and another for the adoption of the Action Plan.
This is the first public hearing and the purpose of this hearing is to inform
interested citizens about the CDBG program, obtain citizens' views on CDBG
priorities, and receive a report on the current year public service activities and
potential reallocation and allocation of funds.
Recommendation: That the City Council:
1. Conduct a public hearing to receive public input and testimony regarding
CDBG priorities; and,
2. Receive a report on public service performance evaluations and potential
reallocation and allocation of CDBG funds.
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 9)
2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY
City Council /Successor Agency March 5, 2013
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COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY HELD FEBRUARY 19, 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 19, 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
$590,006.36; and Demands in the amount of $3,208,993.02.
4. 2012 GENERAL PLAN ANNUAL REPORT
The California Government Code requires that the Planning Commission
provide a progress report to the City Council on the status of the City's General
Plan and the progress in its implementation. This includes the progress in
meeting the City's share of regional housing needs and efforts to remove
governmental constraints to housing development, maintenance, and
improvement.
On February 26, 2013, the Planning Commission reviewed the General Plan
Annual Report and authorized staff to forward the report to the City Council.
With Council authorization, staff will forward the General Plan Annual Report to
the State Office of Planning and Research and the State Department of Housing
and Community Development in fulfillment of the State's requirement.
Recommendation: That the City Council authorize staff to forward the General
Plan Annual Report to the State Office of Planning and Research and the State
Department of Housing and Community Development.
5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY
REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO
70001
The plans and specifications for the Annual Roadway Rehabilitation and
Citywide Sidewalk Repair Project CIP No. 70001 have been prepared and are
ready to be bid.
Recommendation: It is recommended that the City Council adopt Resolution No.
City Council /Successor Agency March 5, 2013
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13 -12 approving the plans and specifications for the Annual Roadway
Rehabilitation and Citywide Sidewalk Repair Project CIP No. 70001 and
authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 13 -12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS
FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE
SIDEWALK REPAIR PROJECT CIP NO 70001 AND AUTHORIZING
ADVERTISEMENT FOR BIDS
6. AUTHORIZATION TO PURCHASE EQUIPMENT AND DECLARATION OF
SURPLUS EQUIPMENT FOR PUBLIC AUCTION
Staff is requesting City Council authorization to purchase one utility truck for use
by the Public Works Department, Water Services Division. In addition, the City
Council is requested to declare certain equipment surplus in accordance with
Section 1626a (2) of the Tustin City Code and authorize their sale at public
auction.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 13 -11 authorizing the State of California
Department of General Services to purchase one (1) Ford utility truck
from Downtown Ford Sales of Sacramento, CA in the amount of
$54,968.25,
2. Declare in accordance with the Tustin City Code Section 1626a (2), the
attached itemized list of equipment as surplus and not required for public
use and authorize the sale of the equipment listed at the next available
public auction, applying net proceeds to applicable City Revenue fund.
RESOLUTION NO. 13 -11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA AUTHORIZING THE DEPARTMENT OF
GENERAL SERVICES OF THE STATE OF CALIFORNIA TO
PURCHASE CERTAIN ITEMS
7. APPROVE AGREEMENT D13 -012 WITH COUNTY OF ORANGE FOR WATER
VALVE ADJUSTMENTS ASSOCIATED WITH THEIR ASPHALT OVERLAY
RESURFACING PROJECT 2012 -2013
In coordination with the County of Orange Public Works Department, approval
of a Reimbursement Agreement between the City and the County is required to
permit a County contractor to adjust City of Tustin water valves to grade as part
of the County's Asphalt Overlay Resurfacing Project 2012 -2013.
City Council /Successor Agency March 5, 2013
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Recommendation: It is recommended that the City Council approve
Reimbursement Agreement No. D13 -012 with the County of Orange and
authorize the Mayor and the City Clerk to execute the document on behalf of the
City.
8. APPROVE COOPERATIVE AGREEMENT NO C -2 -1992 WITH THE ORANGE
COUNTY TRANSPORTATION AUTHORITY FOR THE FIRST STREET /BOLSA
AVENUE SIGNAL SYNCHRONIZATION PROJECT (CIP 40082)
Staff is requesting that the City Council approve Cooperative Agreement No. C-
2 -1992 with the Orange County Transportation Authority (OCTA) for
implementation of the First Street /Bolsa Avenue Signal Synchronization Project
CIP 40082. Engineering and construction will be performed in collaboration with
the cities of Santa Ana and Westminster as well as the County of Orange and
Caltrans. OCTA will take the lead in managing the project. Work will be
performed under the OCTA Competitive Measure M2 Traffic Signal
Synchronization Program (Project P).
Recommendation: It is recommended that the City Council approve Cooperative
Agreement No. C -2 -1992 with the Orange County Transportation Authority for
the First Street /Bolsa Avenue Signal Synchronization Project, and authorize the
Mayor and City Clerk to execute the document on behalf of the City subject to
approval as to form with any minor non - substantive modifications required by
the City Attorney.
9. AGREEMENT FOR TRANSFER OF OWNERSHIP OF A POLICE SERVICE
CANINE
Effective March 22, 2013, Police Service Canine Ari will be medically retired
from active service Ari is eight years old and has served as a Tustin Police
Canine for more than six years. Due to his age and health, the veterinarian has
recommended that Ari be retired from active duty His current canine handler
Officer Eric Kent, has agreed to accept ownership of Ari. The Agreement for
Transfer of Ownership of a Police Service Canine has been reviewed and
approved as to form by the City Attorney.
Recommendation: Approve the Agreement for Transfer of Ownership for a
Police Services Canine between the City of Tustin and Officer Eric Kent.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Item 10 through 13)
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10. ORDINANCE NO. 1428 TO AMEND ARTICLE 1 PART 2 OF CHAPTER 1 OF
THE TUSTIN CITY CODE AND INCORPORATING HEARING OFFICER
GUIDELINES FOR ADMINISTRATIVE HEARING PROCEDURES
Ordinance No. 1428 is an update to the Tustin City Code for minor amendments
to definitions and procedures relating to the administrative hearing process for
Hearing Officers. Hearing Officer Guidelines have been drafted for use in the
administrative citation public hearing process and procedures.
Recommendation: To allow time for staff to conduct additional research and
provide review staff is recommending that the City Council continue this item to
the March 19, 2013, City Council meeting.
11. REQUEST FOR TRAVEL APPROVAL
Tustin is a member of Association of California Cities - Orange County ( ACCOC),
a legislative and policy advocacy group made up of other Orange County cities
and local jurisdictions with a common goal of advocating on behalf of local
jurisdictions' interests relative to State and Federal interests.
ACCOC and Orange County Business Council (OCBC) will be traveling to
Sacramento with a delegation of members March 18 and 19, 2013. Council
Member Allan Bernstein has requested to attend the aforementioned
conference to show solidarity with other member agencies.
Resolution 09 -18 sets forth expense and travel reimbursement guidelines,
whereas out -of- county travel requires City Council approval.
Mayor Al Murray will be in attendance with conference expenditures sponsored
by Orange County Transportation Authority (OCTA); therefore, will not require
City Council approval.
Recommendation: City Council discretion.
12. APPROVE CREATION OF COMMUNITY FACILITIES DISTRICT 13 -01
The City continues to develop the former Marine Corps Air Station know as
Tustin Legacy. To provide adequate funds to provide services to the soon to be
developed areas of Tustin Legacy, staff requests City Council approves
resolution 13 -14 that establishes a Community Facilities District 13- 01(CFD 13-
01) and authorizes the levy of special taxes and accept the Petition to Create a
Community Facilities District with the landowner which is the City of Tustin
(City).
Recommendation:
City Council /Successor Agency March 5, 2013
Meeting Agenda Page 6 of 9
Accept and ratify the Petition to Create a Community Facilities District
requested by the landowner the City to be signed by the City Manager,
Jeffrey C. Parker as the authorized agent of the City
2. Adopt Resolution No. 13 -14 a Resolution of the City Council of the City of
Tustin, California of Intention to Establish a Community Facilities District
and to Authorize the Levy of Special Taxes.
RESOLUTION NO. 13 -14
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF CITY
OF TUSTIN, CALIFORNIA, TO ESTABLISH A COMMUNITY
FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF
SPECIAL TAXES
13. SECOND READING AND ADOPTION OF 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
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: Have second reading by title only and adoption of Ordinance
No. 1426 (roll call vote)
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
OTHER BUSINESS /COMMITTEE REPORTS
ADJOURN IN MEMORY OF GUS AYER
RECESS TO CLOSED SESSION
City Council /Successor Agency March 5, 2013
Meeting Agenda Page 7 of 9
CLOSED SESSION MEETING
CALL TO ORDER — Meeting #2311
ATTENDANCE
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. LABOR NEGOTIATIONS [Government Code Section 54957.6]
•
Agency Negotiators:
Chuck Robinson, Deputy City Manager, Derick
Yasuda, Human Resources Manager and Peter
Brown, Liebert Cassidy Whitmore
•
Employee Organization:
Tustin Municipal Employees Association (TMEA)
•
Employee Organization:
Tustin Police Officers Association — Management
Unit (TPMA)
•
Employee Organization:
Tustin Police Officers Association — Officer Unit
(TPOA)
•
Employee Organization:
Tustin Police Support Service Association
(TPSSA)
•
Employee Organization:
Unrepresented Confidential Employees
•
Employee Organization:
Unrepresented Supervisory Employees
•
Employee Organization:
Unrepresented Executive Management and
Management
Employees
•
Employee Organization:
Unrepresented Part -Time Employees
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
54956.8) — Two cases
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Meeting Agenda Page 8 of 9
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
APN 430 - 391 -12, 430 - 391 -09, and 430 - 391 -03
Address /Description
Agency
City of Tustin
City Negotiators
Jeffrey C. Parker, City Manager,
Negotiating Parties
Tustin Unified School District represented by
Gregory Franklin, Superintendent
Under Negotiation
Price and Terms of Payment
RECONVENE IN OPEN SESSION
CLOSED SESSION REPORT — City Attorney David E. Kendig
ADJOURNMENT — The next meeting is scheduled for Tuesday, March 19, 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 March 5, 2013
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