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Home My WebLink AboutCC MINUTES 03-05-13MINUTES OF THE JOINT REGULAR MEETING OF THE fah CITY COUNCIL AND SUCCESSOR AGENCY TO THE "11CL, i i- 300 CENTENNIAL WAY TUSTIN, CA MARCH 5, 2013 CALL TO ORDER — Meeting #2311 at 7:02 p.m. INVOCATION — Mayor Murray PLEDGE OF ALLEGIANCE — Councilmember Gomez ROLL CALL — City Clerk Present: Mayor Al Murray, Mayor Pro Councilmembers John Nielsen, Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney Tern Charles "Chuck" Puckett and Rebecca "Beckie" Gomez and Allan CLOSED SESSION REPORT — City Attorney David E. Kendig — No additional items to add to the closed session meeting. PRESENTATION • Teen Recognition Program (Lion's Club District 4-1-4) — Robert B. Nelsen ORAL COMMUNICATION/PUBLIC INPUT • Sheldon Weiner • Harold Katzman PUBLIC HEARING ITEM I City Council/Successor Agency March 5, 2013 Minutes Page 1 of 12 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENTS PERFORMANCE EVALUATION AND POTENTIAL REALLOCATION OF wim el FUNDS PowerPoint presentation given by Justina Willkorn Public hearing opened at 7:26 p.m. Public hearing closed at 7:27 p.m., with no comments 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 1107 preparation of the Action Plan and another for the adoption of the Action Plan. 1-11111 This is the first public hearing and the purpose of this hearing is to inform 107 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. It was moved by Mayor Pro Tern Puckett and seconded by Mayor Murray to: 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. Motion carried: 5-0 CONSENT CALENDAR ITEMS 2-9 It was moved by Councilmember Nielsen and seconded by Councilmember Bernstein to pull consent items 4, 7 and 9 and to approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried 5-0 City Council/Successor Agency March 5, 2013 Minutes Page 2 of 12 2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY 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. 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. 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 ME 0 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. It was moved by Councilmember Gomez and seconded by Councilmember Nielsen to 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. I kyj 5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO 70001 City Council/Successor Agency March 5, 2013 Minutes Page 3 of 12 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. '='.ss Recommendation: It is recommended that the City Council adopt Resolution No. 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 • THE CITY COUNCIL OF THE CITY • 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: 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 City Council/Successor Agency March 5, 2013 Minutes Page 4 of 12 10 N @7 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. It was moved by Councilmember Nielsen and seconded by Mayor Murray to 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. Motion carried: 5-0 :4 Ll if] M*J JJ fAJ I& 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. It was moved by Mayor Murray and seconded by Councilmember Nielsen to approve the Agreement for Transfer of Ownership for a Police Services Canine City Council/Successor Agency March 5, 2013 Minutes Page 5 of 12 between the City of Tustin and Officer Eric Kent. MINOR Motion carried: 5-0 REGULAR BUSINESS ITEMS 10-13 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. It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen continue this item to the March 19, 2013, City Council meeting. Motion carried: 5-0 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 'EMEN't 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. It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Nielsen to authorize Councilmember Bernstein to travel with the ACCOC and Orange County Business Council (OCBC) to Sacramento with a delegation of members March 18 and 19, 2013 and return with a summary report for Council. Motion carried: 5-0 City Council/Successor Agency March 5, 2013 Minutes Page 6 of 12 RECESSED at 7:47 p.m. Councilmembers Nielsen and Gomez recused themselves due to potential conflict of real property interest for Items 12 and 13 Pam Arends-King continued the PowerPoint Presentation 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). It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen to: 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 the revised 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 OF TUSTIN, CALIFORNIA, TO FACILITIES DISTRICT AND TO SPECIAL TAXES Motion carried: 3-0-2 a 1 .11110ma - 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 City Council/Successor Agency March 5, 2013 Minutes Page 7 of 12 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 Mayor Pro Tern Puckett and seconded by Councilmember Bernstein to 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 Motion carried: 3-0-2 OTHER BUSINESS/COMMITTEE REPORTS CITY MANAGER • The conference in Sacramento, which Mayor Murray and Councilmember Bernstein will be attending, occurs at a very important time with respect to upcoming legislation; will present an update at the next meeting COUNCILMEMBER BERNSTEIN • Attended the Vector Control meeting on February 21 • Attended the Newport Bay Watershed Committee meeting • Attended the Association of California Cities of Orange County meeting on February 22 • Attended the Tustin Sports Park Field reopening on February 23; thanked Dave Wilson and staff • Attended the Tustin Legacy Fire Station groundbreaking ceremony on February 26 • Toured City facilities with Public Works Director Doug Stack and staff • Attended Water Advisory Commission of Orange County meeting; keynote speaker Laer Pearce, author of Crazifornia • Attended the last ribbon cutting Utt Activity center on March 1 • Attended Tustin Police Department awards ceremony on March 1; congratulated Chief Jordan and Captain Celano N • Attended the Miss Tustin scholarship program on March 2; thanked Cherrill Cady and Kim Bass; congratulated Shea Marie Frates; congratulated Keila Halili for her reign as Miss Tustin 2012 City Council/Successor Agency March 5, 2013 Minutes Page 8 of 12 COUNCILMEMBER GOMEZ • Attended the Currie Activity Center ribbon cutting on February 20 • Attended the Community Development Workshop for 2nd units on February 20 • Participated in an emergency lockdown drill at Cypress College on February 21 • Attended South County Senior Summit on February 22; sponsored by Supervisor Pat Bates; District Attorney Tony Rackauckas discussed financial issues for seniors and how to avoid financial scams • Enjoyed the opening of the baseball diamond at Tustin Sports Park on February 23 • Attended the groundbreaking ceremony for Tustin Legacy Fire Station on February 26 • Attended the Tustin High boys' basketball championship game on February 28 • Attended the last ribbon cutting for the activity center at Uft Middle School on March 1 • Attended the Tustin Police Department awards ceremony on March 1 • Attended a presentation on the Orange County Women's Health Project and Affordable Care Act; presented by Allyson Sonenshine COUNCILMEMBER NIELSEN • Attended the Orange County Sanitation Steering Committee meeting • Attended the Orange County Council of Governments meeting • Attended the opening of the baseball diamond at Tustin Sports Park on February 23 • Attended the Miss Tustin scholarship pageant; thanked Cherrill Cady • Attended the Tustin Police Department awards ceremony on March 1; congratulated Manny Arzate • Attended the Chamber of Commerce mixer at Granada Plaza MAYOR PRO TEM PUCKETT • Apologized for missing the previous Council meeting • Attended ethics training • Attended the opening of the baseball diamond at Tustin Sports Park on February 23 • Attended the groundbreaking ceremony for Tustin Legacy Fire Station on February 26 • Met with Mayor Murray, City Manager, Deputy City Manager and Tustin Unified School District Board Members and Superintendent; happy with the way things are progressing • Attended Transportation Corridor Agency meeting • Attended the ribbon cutting for the activity center at Utt Middle School on March 1 • Congratulated Tustin High School basketball team • Attended the Tustin Police Department awards ceremony on March 1; congratulated Chief Jordan • Attended Orange County Community Foundation Gala; recognized Carolyn Cavecche City Council/Successor Agency March 5, 2013 Minutes Page 9 of 12 • Attended the Miss Tustin scholarship pageant Oil- MAYOR MURRAY • Appointed Mayor Pro Tern Puckett and Councilmember Bernstein to ad hoc committee to conduct Community Services Commission interviews and recommend six candidates to Council • Attended the Currie Activity Center ribbon cutting on February 20 • Attended the Community Development Workshop for 2nd units on February 20 • Attended the Orange County Transportation Authority's legislative and communications committee meeting on February 21 • Attended the Association of California Cities of Orange County jobs and economic development committee meeting • Attended the SR9 completion event with Supervisor Todd Spitzer • Attended the Association of California Cities of Orange County legislative and regulatory committee meeting • Attended the opening of the baseball diamond at Tustin Sports Park on February 23 • Attended the Orange County Transportation Authority Board of Directors meeting; complimented Doug Stack • Conducted the groundbreaking ceremony for Tustin Legacy Fire Station on February 26 • Attended, along with Chief Jordan, a DUI summit at Concordia University conducted by the Public Policy Department on February 27 • Attended the Orange County Transportation Authority meeting on fixed guideway transportation systems on February 28 • Attended the Orange County Fire Authority Board of Directors meeting on February 28 • Attended Dr. Seuss Day at Ladera Ranch Elementary on March I • Attended the ribbon cutting for the activity center at Utt Middle School on March 1 • Attended the Tustin Police Department awards ceremony on March 1; congratulated Chief Jordan • Attended the Miss Tustin scholarship pageant; thanked Cherrill Cady • Congratulated Tustin High School basketball team • Acknowledged the great teachers making a difference in the city • Mentioned AB109 realignment program; acknowledged Chief Jordan is keeping Council apprised ADJOURN IN MEMORY OF GUS AYER RECESSED TO CLOSED SESSION at 8:34 p.m. CLOSED SESSION MEETING CALL TO ORDER - Meeting #2311 1 City Council/Successor Agency March 5, 2013 Minutes Page 10 of 12 Present: Mayor Al Murray, Mayor Pro Councilmembers John Nielsen, Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney Tern Charles "Chuck" Puckett and Rebecca "Beckie" Gomez and Allan 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: (TPOA) • Employee Organization: (TPSSA) • Employee Organization: • Employee Organization: • Employee Organization: Management Employees • Employee Organization: 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 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — Two cases City Council/Successor Agency March 5, 2013 Minutes Page 11 of 12 Property Lots 1,2,3,4,5,6,7,8,9, 10,11, 11, D, Final Map 1r, Address/Description 17144; Lots 32, 34, Tentative Tract Map 17404; a NINE IN 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 Address/Description Agency City Negotiators Negotiating Parties Under Negotiation APN 430-391-12, 430-391-09, and 430-391-03 City of Tustin Jeffrey C. Parker, City Manager, Tustin Unified School District represented by Gregory Franklin, Superintendent Price and Terms of Payment RECONVENE IN OPEN SESSION at 10:10 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig — No reportable action ADJOURNMENT at 10:11 p.m. — 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 Minutes Page 12 of 12 11