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Home My WebLink About00 CC AGENDA 3-19-13CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY Charles E. "Chuck" Puckett, Mayor Pro Tern John Nielsen, Councilmember Al Murray, Mayor Rebecca "Beckie" Gomez, Councilmember Allan Bernstein, Councilmember MARCH 19, 2013 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2312 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Govt. Code § 54957] — Two Cases • Performance evaluation of the City Manager • Performance evaluation of the City Attorney 4. LABOR NEGOTIATIONS [Government Code Section 54957.6] • Agency Negotiators: Chuck Robinson, Deputy City Manager, Derick Yasuda, Human Resources Manager and Peter 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. • Employee Organization: Lots 1,2,3,4,5,6,7,8,9, 10,11, II, D, Final Map • Employee Organization: 17144; Lots 32, 34, Tentative Tract Map 17404; a Unit (TPMA) portion APN's 430 -27 -31 and 33 and a portion of • Employee Organization: APN 430 -37 -10 (TPOA) City of Tustin • Employee Organization: Jeffrey C. Parker, City Manager, Elizabeth (TPSSA) Binsack, Community Development Director, and • Employee Organization: John Buchanan, Program Manager • Employee Organization: O.C. Property Company, LLC, represented by • Employee Organization: Rick Kaplan, Mark Smith, John Tran and Mark Management Employees • Employee Organization: Inc., Irvine, CA. Brown, Liebert Cassidy Whitmore Tustin Municipal Employees Association (TMEA) Tustin Police Officers Association — Management Tustin Police Officers Association — Officer Unit Tustin Police Support Service Association Unrepresented Confidential Employees Unrepresented Supervisory Employees Unrepresented Executive Management and Unrepresented Part -Time Employees 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — Three cases 1. Property Lots 1,2,3,4,5,6,7,8,9, 10,11, II, 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 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 City Council /Successor Agency /Housing Authority March 19, 2013 Meeting Agenda Page 2 of 9 JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY VE[1I11 a►vi l CALL TO ORDER — Meeting #2312 INVOCATION — Mayor Pro Tern Puckett NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE — Brooke Phipps, 2nd Runner Up; Shea Marie Frates, Miss Tustin 2013 ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • Miss Tustin 2013 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. 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 amendments to definitions and procedures relating to the administrative hearing process for City Council /Successor Agency /Housing Authority March 19, 2013 Meeting Agenda Page 3 of 9 Hearing Officers. The amendments would incorporate Hearing Officer Guidelines for use in the administrative citation public hearing process and procedures. To ensure that the proposed updates are consistent throughout the Tustin City Code, staff and the City Attorney are currently conducting additional research to make certain proper provisions in the Tustin City Code are updated in accordance with the recent case law. Recommendation: That the City Council continue this item to the April 16, 2013, City Council meeting. 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 MARCH 5, 2013 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD MARCH 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 March 5, 2013 and the special meeting of the City Council held on March 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 $582,536.09; and Demands in the amount of $1,239,072.91. 4. AUTHORIZATION TO SELL AN AUTHORITY -OWNED AFFORDABLE HOME AT 14554 NEWPORT AVENUE #3 The Tustin Housing Authority is seeking authorization to sell an Authority -owned affordable moderate income home. City Council /Successor Agency /Housing Authority March 19, 2013 Meeting Agenda Page 4 of 9 Recommendation: That the Tustin Housing Authority Commission: 1. Authorize the sale of the Authority -owned affordable moderate income home at 14554 Newport Avenue, #3, located in the Arbor Walk development; and 2. Authorize the Housing Authority Executive Director to negotiate a sales price in compliance with moderate income affordability guidelines; and 3. Direct the Housing Authority Executive Director to schedule a Closed Session Meeting when a prospective purchaser is identified in order to receive Commission approval for the negotiated sale. 5. SECOND AMENDMENT TO THE RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND NATIONAL OFFICE LIQUIDATORS FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE Approval is requested to amend the Rental Agreement between the City and National Office Liquidators, Inc. (Tenant), for a City -owned property located at 15171 Del Arno Avenue. Recommendation: That the City Council authorize the City Manager to execute the attached Second Amendment to the Rental Agreement with National Office Liquidators, Inc. and support the finding that the amended Rental Agreement is at market value and no further policy directions, as outlined in Tustin City Code Section 7960(6), are required. 6. APPROVAL OF AGREEMENT WITH MUNICIPAL AUDITING SERVICES LLC AND APPROVAL OF RESOLUTION 13 -13 Staff is asking the Council to approve an agreement with Municipal Auditing Services, LLC (MAS) to: 1) perform collections of delinquent business license accounts after Staff has processed at least two past due notices; 2) conduct business license audits; and 3) engage in the discovery of unlicensed businesses. Part of the audit and discovery process is to allow MAS access to our Sales and Use Tax records. In order to grant MAS access to Sales and Use Tax records for unlicensed business discovery, the State Board of Equalization requires City approval in the form of a resolution. Recommendation: 1. The City Council approve the Municipal Auditing Services, LLC agreement for auditing /accounting services; and City Council /Successor Agency /Housing Authority March 19, 2013 Meeting Agenda Page 5 of 9 2. The City Council approve Resolution 13 -13 authorizing Municipal Auditing Services LLC as an authorized City representative to examine Sales and Use Tax records. RESOLUTION NO. 13 -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DESIGNATING MUNICIPAL AUDITING SERVICES, LLC AS AN AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS 7. APPROVE GRANTS OF EASEMENTS TO THE IRVINE RANCH WATER DISTRICT OVER DISPOSITION PARCEL 1A IN TUSTIN LEGACY Construction of the ongoing Tustin Ranch Road Extension Project includes installation of onsite Irvine Ranch Water District (IRWD) sewer and water pipeline facilities across Disposition Parcel 1A. It is therefore necessary for the City of Tustin to grant non - exclusive easements to IRWD for sewer and water pipeline and access purposes on this property. Recommendation: That the City Council: 1. Grant a non - exclusive easement to the Irvine Ranch Water District on Lots 21 and PPP of TR 17404 for sewer 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 Lots 20, NNN, and PPP of TR 17404 for water pipeline and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 8. ADOPT RESOLUTION NO. 13 -16 ACCEPTING THE DEDICATION OF SPECIFIED PROPERTY IN TUSTIN LEGACY FOR PUBLIC STREET PURPOSES AND ACCEPTING INTO THE CITY'S SYSTEM OF STREETS As a part of the development of The District by Vestar and Columbus Square by Lennar, certain property located on the former site of the Tustin Marine Corps Air Station was reserved and constructed for street purposes. The proposed resolution would dedicate and accept this property for public street purposes as well as accept these street improvements into the City's system of streets pursuant to Streets and Highways Code section 1806. Recommendation: It is recommended that the City Council adopt Resolution No. 13 -16 accepting the dedication of specified property in Tustin Legacy for public street purposes and accepting this property into the City's system of streets. City Council /Successor Agency /Housing Authority March 19, 2013 Meeting Agenda Page 6 of 9 RESOLUTION NO. 13 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE DEDICATION OF SPECIFIED PROPERTY FOR PUBLIC STREET PURPOSES AND ACCEPTING SPECIFIED STREETS INTO THE CITY'S SYSTEMS OF STREETS PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 1806 9. ADOPT RESOLUTION NO. 13 -17 ACCEPTING THE DEDICATION OF SPECIFIED PROPERTY IN TUSTIN LEGACY FOR PUBLIC STREET PURPOSES As a part of conveyance maps TR 17404 and TR 17144, certain lots located on the former site of the Tustin Marine Corps Air Station were reserved for street purposes. The proposed resolution would dedicate and accept certain of these lots for public street purposes subject to completion of street improvements to the satisfaction of the City Engineer and subsequent City Council acceptance into the City's system of streets. Recommendation: It is recommended that the City Council adopt Resolution No. 13 -17 accepting the dedication of specified property in Tustin Legacy for public street purposes. RESOLUTION NO. 13 -17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MAKING AND ACCEPTING THE DEDICATION OF SPECIFIED PROPERTY FOR PUBLIC STREET PURPOSES 10. APPROVE AGREEMENT FOR INFORMATION TECHNOLOGIES SERVICES: NETWORK MIGRATION PROJECT City Council approved funding for fiscal year 2012 -2013 to upgrade the City's computer network infrastructure in order to improve speed, efficiency, redundancy, security, and support a new Voice over Internet Protocol (VOIP) phone solution. Recommendation: It is recommended that City Council approve the agreement between the City and XONOVIA Technologies to complete the Network Migration Project. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 11 through 14) City Council /Successor Agency /Housing Authority March 19, 2013 Meeting Agenda Page 7 of 9 11. CITY OF TUSTIN STRATEGIC PLAN 2013 - 2018 On October 16, 2012, staff presented the Strategic Plan to the City Council for consideration and approval. Members of the Council had additional questions and wanted additional time to review the plan. The City Council voted unanimously to continue the item until November for further discussion. On November 20, 2012, the City Council again considered the Strategic Plan. However, due to a pending change of the Council as a result of the November election, the item was postponed. The City Council voted unanimously to have the Strategic Plan presented to the new Council at a January City Council Workshop. On January 21, 2013, the consultant from Management Partners presented the Strategic Plan at a City Council Workshop. After discussion, the City Council directed staff to place the Strategic Plan on an upcoming Council agenda for approval. Recommendation: It is recommended that the City Council authorize and approve the Strategic Plan for the City of Tustin for 2013 - 2018. 12. REMOVAL OF COMMISSIONERS FROM OFFICE UPON RUNNING FOR CITY COUNCIL; PROCESS FOR REPLACEMENT APPOINTMENTS This report summarizes the past and existing Tustin ordinances governing when a decision to run for City Council will cause a commissioner to be automatically removed from office. In response to prior Council direction, this report also contains the results of research conducted about whether other agencies in Orange County have similar automatic - removal ordinances. Finally, this report provides background for a Council discussion about the timing and process to follow when commission vacancies occur. Recommendation: Direct the staff 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 City Council /Successor Agency /Housing Authority March 19, 2013 Meeting Agenda Page 8 of 9 Council interviews of the candidates and appointment of the replacement Commissioner. 13. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Each year the City Council authorizes the use of the City's annual disbursement of Assembly Bill (AB) 2766 funds to offset costs for state mandated vehicle emission reduction programs implemented by the City of Tustin. This year the City Council is being requested to allocate the Fiscal Year (FY) 2012/2013 AB 2766 disbursement and carryover funds to partly or completely fund the following projects: 1) the maintenance cost for the rail station parking structure, 2) intersection enhancements at Enderle Center Drive and Vandenberg Lane; 3) Newport Avenue bicycle trail reconstruction; and 4) maintenance costs for citywide traffic signal coordination. Recommendation: That the City Council authorize a total of $172,000, including $80,800 in AB 2766 Fiscal Year 2012 -2013 turn -back funds, $100 in interest income received through investment of the turn -back funds, and $91,100 in carryover funds from Fiscal Year 2011 -2012, to be used to partly or completely fund the following projects: 1) the maintenance cost for the rail station parking structure; 2) intersection enhancements at Enderle Center Drive and Vandenberg Lane; 3) Newport Avenue bicycle trail reconstruction; and 4) maintenance costs for citywide traffic signal coordination. 14. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, April 2, 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 /Housing Authority March 19, 2013 Meeting Agenda Page 9 of 9