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Home My WebLink About01 CC MINUTES 03-19-13Agenda Item Reviewed: City Manager Finance Director MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 300 CENTENNIAL WAY TUSTIN, CA MARCH 19, 2013 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2312 at 5:35 p.m. ATTENDANCE N/A Present: Mayor Al Murray, Mayor Pro Tem Charles E. "Chuck" Puckett and Councilmembers John Nielsen and Rebecca "Beckie" Gomez Absent: Councilmember Allan Bernstein 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 EMPLOYEE PERFORMANCE EVALUATION: [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. 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 Tustin Municipal Employees Association (TMEA) • Tustin Police Officers Association — Management Employee Organization: Employee Organization: Unit (TPMA) • Employee Organization: (TPOA) • Employee Organization: (TPSSA) • Emplovee Organization: • Employee Organization: • Emplovee 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 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 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 O.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 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 City Council /Successor Agency /Housing Authority March 19, 2013 Minutes Page 2 of 12 3. Property Address /Description Agency City Negotiators Negotiating Parties Under Negotiation 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 RECESSED at 5:35 p.m. Councilmember Bernstein arrived to Closed Session at 5:40 p.m. RECONVENED at 7:16 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2312 at 7:16 p.m. INVOCATION — Mayor Pro Tem Puckett NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE — Brooke Phipps, 2nd Runner Up; Shea Marie Frates, Miss Tustin 2013 ROLL CALL — City Clerk Present: Absent: City Clerk: Others Present: Mayor Al Murray, Mayor Pro Tem Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein None Jeffrey C. Parker, City Clerk David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig — No reportable action PRESENTATIONS • Certificates presented to Miss Tustin 2013 Shea Marie Frates, 1st Runner Up City Council /Successor Agency /Housing Authority March 19, 2013 Minutes Page 3 of 12 Natalia Reyes and 2nd Runner Up Brooke Phipps • Proclamation presented to Miss Tustin 2012 Keila Halili ORAL COMMUNICATION /PUBLIC INPUT — None PUBLIC HEARING 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 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. It was moved by Councilmember Bernstein and seconded by Councilmember Nielsen to continue this item to the April 16, 2013, City Council meeting. Motion carried: 5 -0 CONSENT CALENDAR ITEMS 2 -10 It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Nielsen to pull consent items 6, 8, and 10 and to approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried 5 -0 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 City Council /Successor Agency /Housing Authority March 19, 2013 Minutes Page 4 of 12 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. 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 Amo 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 City Council /Successor Agency /Housing Authority March 19, 2013 Minutes Page 5 of 12 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. It was moved by Councilmember Gomez and seconded by Councilmember Nielsen that: 1. The City Council approve the Municipal Auditing Services, LLC agreement for auditing /accounting services; and 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 Motion carried: 5 -0 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 City Council /Successor Agency /Housing Authority March 19, 2013 Minutes Page 6 of 12 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 Councilmember Nielsen recused himself due to potential real property conflict of interest. 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. It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Bernstein to 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. 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 Motion carried 4 -0 -1 Councilmember Nielsen returned to the dais 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 City Council /Successor Agency /Housing Authority March 19, 2013 Minutes Page 7 of 12 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. Staff requested that the City Council continue the item to a future meeting to allow staff to revise the proposed agreement. It was moved by Mayor Murray and seconded by Councilmember Nielsen to continue the item. Motion carried: 5 -0 REGULAR BUSINESS ITEMS 11 -14 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 City Council /Successor Agency /Housing Authority March 19, 2013 Minutes Page 8 of 12 directed staff to place the Strategic Plan on an upcoming Council agenda for approval. It was moved by Councilmember Nielsen and seconded by Mayor Murray to authorize and approve the Strategic Plan for the City of Tustin for 2013 - 2018. Motion carried: 5 -0 12. REMOVAL OF COMMISSIONERS FROM OFFICE UPON RUNNING FOR CITY COUNCIL; PROCESS FOR REPLACEMENT APPOINTMENTS PowerPoint presentation given by City Attorney David Kendig 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. It was moved by Councilmember Nielsen and seconded by Mayor Murray to direct staff to return with an ordinance to allow current commissioners to remain in office upon the filing of nomination papers and automatically be deemed removed from office upon election to the City Council, continue to impose no term limits for commissioners, continue to compensate commissioners with a per meeting stipend and adopt a new ordinance when the stipend is amended. Motion carried: 4 -1 (Councilmember Gomez dissenting) 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. It was moved by Councilmember Nielsen and seconded by Councilmember Gomez to 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 City Council /Successor Agency /Housing Authority March 19, 2013 Minutes Page 9 of 12 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. Motion carried: 5 -0 14. LEGISLATIVE REPORT City Manager, Jeffrey Parker, provided an update on current and upcoming legislation. Council directed staff to prepare an opposition letter relating to AB 5 OTHER BUSINESS /COMMITTEE REPORTS COUNCILMEMBER BERNSTEIN • Attended the Colorado River Aqueduct Water inspection tour with the Municipal Water District of Orange County • Attended the Irvine Ranch Water District Dedication of Wells 21 and 22 • Attended the Association of California Cities of Orange County Legislative and Regulatory Committee meeting on March 16 • Visited Sacramento, along with the Orange County Business Council and Association of California Cities of Orange County, to meet with legislators on March 18 and 19 COUNCILMEMBER GOMEZ • Attended several activities in honor of National Women's History Month: o On March 6, the American Association of University Women held a screening of Iron Jawed Angels (2004) o On March 9, screening of Girls Rising documentary • Attended the Orange County Waste Management Commission on March 14 • Orange County Library Board meeting cancelled due to lack of quorum • Attended the Association of California Cities of Orange County meeting • Attended the Leprechaun Leap 5K race on March 16 • Relating to AB 5, mentioned non - profit groups are continuing to meet to address the needs of Tustin's homeless population and to establish a guide and resource for the community • In honor of Women's History Month, recognized female predecessors on the Council: Leslie Pontious, Ursula Kennedy, Tracy Worley -Hagen and Deborah Gavello COUNCILMEMBER NIELSEN City Council /Successor Agency /Housing Authority March 19, 2013 Minutes Page 10 of 12 • Attended the Orange County Sanitation District Operation Committee meeting on March 6; announced meeting on March 26 to discuss possible rate increase • Attended the Irvine Ranch Water District Dedication of Wells 21 and 22 • With respect to AB 5, Tustin is very fortunate to have the Orange County Rescue Mission; congratulated Jim Palmer MAYOR PRO TEM PUCKETT • Attended the Colorado River Aqueduct Water inspection tour with the Municipal Water District of Orange County • Attended the Orange County Mayor Pro Tem meeting; apologized to Mayor Murray for missing his speech at the Tustin Chamber of Commerce breakfast • Viewed the comet watch with Harold Katzman • Attended the Transportation Corridor Agencies Board meeting • Golfed with son and grandson • Announced Assemblyman Don Wagner relocated his office to Tustin; open house is scheduled on March 20 COUNCILMEMBER BERNSTEIN • Extended a happy, healthy and prosperous birthday to Mayor Pro Tem Puckett MAYOR MURRAY • Attended the Tustin High School basketball game on March 6 • Met with Orange County Transportation District staff regarding the 1 405 project on March 8 • Attended the Orange County Transportation District Board meeting on March 11 • Attended a meeting with District Attorney Tony Rackauckas spoke regarding gangs and AB 109 • Attended the Orange County Fire Authority Retirement luncheon; met with Chief Richter on March 12 • Provided an update regarding Orange County Transportation Authority at the City of Orange Council meeting on March 12 • Spoke at the Tustin Chamber of Commerce breakfast on March 13; Police Officer Rene Barraza was honored • Conducted the Arbor Day presentation at the Tustin Ranch School • Chaired the Orange County Transportation Authority Budget and Finance Committee meeting • Attended the Orange County Transportation Authority Transit committee meeting • Attended the Irvine Ranch Water District Dedication of Wells 21 and 22 • Attended the City of Orange State of the City on March 14 • Attended the Association of California Cities of Orange County Board meeting; was elected 2nd Vice - President • Attended the 42nd Annual Irvine Police Department Awards Banquet • Attended the Marconi Foundation for Kids event on March 15 • Represented Orange County Transportation Authority's Legislative Committee while visiting Sacramento, along with the Orange County Business Council and City Council /Successor Agency /Housing Authority March 19, 2013 Minutes Page 11 of 12 Association of California Cities of Orange County, to meet with legislators on March 18 and 19 • Wished a Happy Birthday to Mayor Pro Tem Puckett ADJOURNMENT at 8:49 p.m. — 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 Minutes Page 12 of 12