The URL can be used to link to this page

Home My WebLink About00 CC AGENDA 6-4-13 CITY OF TUSTIN JOINT REGULAR MEETING JUNE 4, 2013 OF THE CITY COUNCIL, SUCCESSOR COUNCIL CHAMBER AGENCY TO THE TUSTIN COMMUNITY 300 CENTENNIAL WAY, TUSTIN REDEVELOPMENT AGENCY AND THE _ • HOUSING AUTHORITY Charles E. "Chuck" Puckett, Mayor Pro Tem Jeffrey C. Parker, City Manager John Nielsen, Councilmember Al Murray, Mayor David E. Kendig, City Attorney Rebecca "Beckie" Gomez, Councilmember Jeffrey C. Parker, City Clerk Allan Bernstein, Councilmember Pam Arends-King, Interim City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2318 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Govt. Code § 54957] — One Case • Performance evaluation of the City Manager 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 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: 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 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, John Buchanan, Program Manager and Amy Freilich, Special Real Estate Counsel 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 Tustin Legacy Disposition Package 1 B to include Address/Description sale of Lots 8, 13, 14 and a portion of lettered lot 00000 in Tract 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, John Buchanan, Program Manager, and Amy Freilich, Special Real Estate Counsel Negotiating Parties Ted McKibbin, President Standard Pacific Homes, Southern California Coastal Under Negotiation Price and Terms of Payment 3. Property Tustin Legacy Disposition Package 2A to include Address/Description sale of Parcels 29,30,38, 39, Lot N, Lot M, and Lot WWWW of tract 17404 and L; Disposition Package 1A North to include sale of Parcel 20, Lot PPP, and Lot NNN of Tract 17404 City Council/Successor Agency/Housing Authority June 4 2013 Meeting Agenda Page 2 of 8 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, John Buchanan, Program Manager, and special real estate counsel Amy Freilich Negotiating Parties Dan Young, President of Irvine Company Community Development and Bryan Austin on behalf of Irvine Company LLC; Steve Eggert and Tricia Malone, co-owners and on behalf of St. Anton Partners, LLC Under Negotiation Price and Terms of Payment 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 #2318 INVOCATION — Mayor Murray PLEDGE OF ALLEGIANCE — Councilmember Gomez ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • SOCAL Water Polo 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. City Council/Successor Agency/Housing Authority June 4 2013 Meeting Agenda Page 3 of 8 PUBLIC HEARING ITEMS 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 Items 1-2) 1 . ADOPT RESOLUTION NO. 13-46 SETTING A PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2013 - 2014 The Tustin Landscape and Lighting District Engineer's Report was completed and approved by the City Council at their May 7, 2013 meeting. The City Council also declared its intention to levy annual assessments and set a public hearing for June 4, 2013. However, the manner in which posting and publishing the hearing, as required by Part 2 of Division 15 of the Streets and Highways Code, was delayed and staff is recommending that a new hearing be set by resolution for June 18, 2013. Recommendation: That the City Council: Adopt Resolution No. 13-46 declaring its intention to levy annual assessments for Fiscal Year 2013 - 2014 and setting a public hearing for June 18, 2013. RESOLUTION NO. 13-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2013 - 2014 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF 2. SUBORDINATION AGREEMENT PROCESSING FEE City Council approval is requested for the Housing Authority ("Authority") to collect a Subordination Agreement Processing Fee of $280 from City of Tustin Affordable Housing Program homeowners seeking to refinance their first mortgage. Recommendation: That the City Council 1 . Open and, after public testimony, close the public hearing; and City Council/Successor Agency/Housing Authority June 4 2013 Meeting Agenda Page 4 of 8 2. Adopt Resolution No. 13-47 adopting the subordination agreement processing fee RESOLUTION NO. 13-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING THE SUBORDINATION AGREEMENT PROCESSING FEE AND INCORPORATING THE FEE INTO RESOLUTION NO. 08- 60, THE COMPREHENSIVE SCHEDULE OF FEES 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 3 through 9) 3. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD MAY 21 , 2013. Recommendation: That the City Council and Successor Agency approve the Action Minutes of the Joint Regular Meeting of the City Council and Successor Agency to the Tustin Community Redevelopment held on May 21 , 2013. 4. 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 ,182.40 and $592,722.33; and Demands in the amounts of$2,054,230.82. 5. APPROVE AGREEMENT BETWEEN THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY AND CITY FOR TRANSFER OF EQUIPMENT (POTABLE WATER TRAILER) FOR FY2011 URBAN AREAS SECURITY INITIATIVE (UASI) The agreement provides for the transfer of a 2,000 gallon potable water trailer with electric brakes, engine, pump, a ten spigot manifold and lighting for nighttime operations. The trailer to be transferred will be accompanied by a Certificate of Title and a Permanent Trailer Identification (PTI) Card. Upon receiving the trailer, the City shall initiate action to transfer title, ownership and City Council/Successor Agency/Housing Authority June 4 2013 Meeting Agenda Page 5 of 8 financial responsibility of the trailer from the Municipal Water District of Orange County (MWDOC) to the City pursuant to applicable California Department of Motor Vehicles procedures. Recommendation: That the City Council- 1 . ouncil:1 . Approve Agreement for transfer of equipment (potable water trailer) for FY2011 Urban Areas Security Initiative (UASI) between the Municipal Water District of Orange County and City of Tustin; and 2. Authorize the City Manager or his designee to execute all documents necessary to effectuate transfer of title and ownership of potable water trailer to the City of Tustin. 6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT TO RECEIVE BIDS FOR THE ENDERLE CENTER DRIVE AND VANDENBERG LANE INTERSECTION ENHANCEMENTS PROJECT CIP 40078 The plans and specifications for the Enderle Center Drive and Vandenberg Lane Intersection Enhancements Project CIP 40078 have been prepared and the project is now ready to be bid. Recommendation: That the City Council adopt Resolution No. 13-43 approving the plans and specifications for the Enderle Center Drive and Vandenberg Lane Intersection Enhancements Project CIP 40078 and authorize the City Clerk to advertise and receive bids. RESOLUTION NO. 13-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ENDERLE CENTER DRIVE AND VANDENBERG LANE INTERSECTION ENHANCEMENTS PROJECT CIP 40078, AND AUTHORIZING ADVERTISEMENT FOR BIDS 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT TO RECEIVE BIDS FOR THE NEWPORT AVENUE BICYCLE TRAIL RECONSTRUCTION BETWEEN MAIN STREET AND IRVINE BOULEVARD PROJECT CIP 70219 The plans and specifications for the Newport Avenue Bicycle Trail Reconstruction Between Main Street and Irvine Boulevard Project CIP 70219 have been prepared and the project is now ready to be bid. Recommendation: That the City Council adopt Resolution No. 13-44 approving the plans and specifications for the Newport Avenue Bicycle Trail City Council/Successor Agency/Housing Authority June 4 2013 Meeting Agenda Page 6 of 8 Reconstruction between Main Street and Irvine Boulevard Project CIP 70219 and authorize the City Clerk to advertise and receive bids. RESOLUTION NO. 13-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE NEWPORT AVENUE BICYCLE TRAIL RECONSTRUCTION BETWEEN MAIN STREET AND IRVINE BOULEVARD PROJECT CIP 70219, AND AUTHORIZING ADVERTISEMENT FOR BIDS 8. AUTHORIZATION TO AMEND CONTRACT - CROSSING GUARD CONTRACT RENEWAL The crossing guard contract with All City Management Services, Inc. is up for renewal for the 2013 - 2014 school year. Recommendation: Approve and execute amendment of the existing contract entered into on August 4, 2009 with All City Management Services, Inc. and the City of Tustin by renewing said contract in order to provide 14,076 hours of school crossing guard service for the 2013 - 2014 school year. 9. AMENDMENT OF THE CITY-WIDE COMPREHENSIVE SCHEDULE OF FEES. A typographical error has been identified in the City of Tustin's "Comprehensive Schedule of Fees," adopted by the Tustin City Council through Resolution No. 08-06 on September 2, 2008. Resolution No. 13-45 (Attachment A) has been prepared to correct the error by amending the "Comprehensive Schedule of Fees." Recommendation: Adopt Resolution No. 13-45, amending the "Comprehensive Schedule of Fees." RESOLUTION NO. 13-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CITY-WIDE COMPREHENSIVE SCHEDULE OF FEES REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 10 through 11) City Council/Successor Agency/Housing Authority June 4 2013 Meeting Agenda Page 7 of 8 10. FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH LEGACY VILLAS, LLC (DEVELOPER) FOR PARCEL 2A Approval is requested for the First Amendment to the Disposition and Development Agreement (DDA) between the City and Legacy Villas, LLC (Developer, affiliated with The Irvine Company) which will accelerate payment by the Developer of the Backbone Infrastructure Obligation in the amount of $15,300,644 and modify the Developer's obligation for construction of Backbone Infrastructure. Recommendation.- Approve ecommendation:Approve the First Amendment to the DDA and the Infrastructure Construction and Reimbursement Agreement attached thereto, and authorize the City Manager to do the following: 1 . Execute the First Amendment to the DDA with Legacy Villas, LLC; and 2. Execute the Infrastructure Construction and Reimbursement Agreement (Attachment No. 25 to the DDA as amended) with the Irvine Community Development Company, LLC; 3. Take such other actions as are necessary to implement those agreements, consistent with terms thereof. 11 . 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, June 18, 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 June 4 2013 Meeting Agenda Page 8 of 8