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Home My WebLink About02 06/02/13 CC MINUTES & 06/04/13 SPECIAL MEETINGAgenda Item 2 Reviewed: yn City Manager Finance Director N/A MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY JUNE 4, 2013 300 CENTENNIAL WAY TUSTIN, CA CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2318 at 5:33 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION UPDATE — City Attorney David E. Kendig — Item No. 4 Labor Negotiations will be revised to include David E. Kendig as an Agency Negotiator, in addition to the Agency Negotiators listed on the 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 City Council/Successor Agency/Housing Authority June 4 2013 Minutes Page 1 of 12 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 Agency Negotiators: Employee Organization: Employee Organization: Employee Organization Employee Organization g•• Lots 1,2,3A5,6,7,8,9, 10,11, 11, D, Final Map Address/Description I 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, Employee Organization: [Government Code Section 54957.6] 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 Unit (TPMA) Tustin Police Officers Association — Officer Unit (TPOA) Tustin Police Support Service Association (TPSSA) Unrepresented Confidential Employees Unrepresented Supervisory Employees Unrepresented Executive Management and Management Employees Unrepresented Part-Time Employees 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — Three cases 1 Property Lots 1,2,3A5,6,7,8,9, 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, 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 Council/Successor Agency/Housing Authority June 4 2013 Minutes Page 2 of 12 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 1 A North to include sale of Parcel 20, Lot PPP, and Lot NNN of Tract 17404 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 RECESSED at 5:34 p.m. RECONVENED at 7:20 p.m. 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 at 7:20 p.m. INVOCATION — Mayor Murray PLEDGE OF ALLEGIANCE — Councilmember Gomez NATIONAL ANTHEM - Miss Tustin 2010, Sarah Salazar City Council/Successor Agency/Housing Authority June 4 2013 Minutes Page 3 of 12 ROLL CALL — City Clerk Present: Mayor Al Murray, Mayor Pro Tern Charles "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig — Council took no reportable action; closed session will continue after open session PRESENTATIONS SOCAL Water Polo — Certificates were presented to: • Kelsey Holland • Lily Aguirre-Murray • Sachin Okuma • Zane Scott • Michael Shanahan • Greg Gillaspy • Sarah Salazar PUBLIC HEARING 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. City Council/Successor Agency/Housing Authority June 4 2013 Minutes Page 4 of 12 It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen to 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 Motion carried: 5 -0 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. Public hearing opened at 7:39 p.m. Public hearing closed at 7:39 p.m., with no additional comments It was moved by Councilmember Nielsen and seconded by Councilmember Gomez to adopt Resolution No. 13 -47 adopting the subordination agreement processing fee and direct staff to collect the fee during escrow 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 Motion carried: 5 -0 CONSENT CALENDAR 3 — 9 It was moved by Mayor Murray and seconded by Councilmember Nielsen to pull consent items 5, 6 and 7 and to approve the balance of the consent calendar items on the agenda City Council /Successor Agency /Housing Authority June 4 2013 Minutes Page 5 of 12 as recommended by staff. 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. 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 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. It was moved by Councilmember Gomez and seconded by Mayor Pro Tern Puckett to: 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 City Council /Successor Agency /Housing Authority June 4 2013 Minutes Page 6 of 12 trailer to the City of Tustin. 10 • A _ - . O 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. It was moved by Councilmember Nielsen and seconded by Mayor Murray to 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 ►1• TI -M 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 • • Sherri Miller 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. It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Bernstein to adopt Resolution No. 13 -44 approving the plans and specifications for the Newport Avenue Bicycle Trail Reconstruction between Main Street and Irvine Boulevard Project CIP 70219 and authorize the City Clerk to advertise and receive bids. City Council /Successor Agency /Housing Authority June 4 2013 Minutes Page 7 of 12 0 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 Motion carried: 5 -0 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. 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 10 - 11 10. FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH LEGACY VILLAS, LLC (DEVELOPER) FOR PARCEL 2A City Council /Successor Agency /Housing Authority June 4 2013 Minutes Page 8 of 12 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. It was moved by Councilmember Nielsen and seconded by Councilmember Bernstein to: Approve the First Amendment to the DDA and the Infrastructure Construction and Reimbursement Agreement attached thereto, subject to such non- substantive changes as may be approved by the City Attorney and City Manager, 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. Motion carried: 5-0 is��q:tel6olw.A19 Jeff Parker, City Manager, provided an update on upcoming legislation. OTHER BUSINESS/COMMITTEE REPORTS COUNCILMEMBER BERNSTEIN • Attended the Gift of History luncheon on May 23; encouraged all to visit www.cliftofhisto[y.org • Attended the Tustin Memorial Jog-a-thou on May 23; raised money for Helping Enrich the Resources of Every Student (HEROS) program; encouraged all to visit: http://www.tustin.kl2,ca.us/Domain/29 • Attended the grand opening and ribbon cutting of the School of Rock on May 23 • Attended a ceremony at Pioneer Middle School for being honored as a "Distinguished School" • Attended the Association of California Cities of Orange County Economics of Infrastructure Conference on May 30 • Met Larry Elder; discussed his book "Dear Father, Dear Son" • Attended Street Fair and Chili Cook-off; thanked Dave Wilson and staff, Donna City Council/Successor Agency/Housing Authority June 4 2013 Minutes Page 9 of 12 Marsh Peery, Marilyn Buescher, Don Ropele, sponsors vendors, and the Tustin Police Department • Reflected on Memorial Day and thanked all those who serve in uniform • Wished Happy Father's Day • Provided an update on a report from the Orange County Vector Control which brought awareness to the first case of the West Nile Virus for 2013 in the County • Thanked staff for their efforts in contributing to preparing for the meetings • Concurred with Mayor Pro Tern to prepare a proclamation to declare the City of Tustin as supporting "Red Shirt Friday" COUNCILMEMBER GOMEZ • Attended the Orange County Parks Workshop on the hangar in the proposed regional park on May 22; encouraged residents to view the presentations at M � yw. �oc a r �ks. c �om • Shared unable to attend the ribbon cutting of School of Rock; however toured the facility the following day • Attended the Memorial Day luncheon at the Senior Center on May 24 • Attended the Orchard Hills "Distinguished School" ceremony on May 31 • Attended the Chili Cook-off on June 2; thanked Dave Wilson, staff and volunteers • Attended the Building Industry Association meeting on June 3 • Attended the C.E. Utt "Distinguished School" ceremony on June 3 • Wished a Happy Father's Day to her colleagues at the dais and all fathers in Tustin COUNCILMEMBER NIELSEN • Attended the Orange County Sanitation Steering Committee meeting • Attended the Orange County Sanitation Board of Directors meeting • Attended the Orange County Council of Governments; elected new Chair, Brett Murdock, City of Brea and Vice-Chair, Art Brown, City of Buena Park. Appointed members from the private sector Steven Schuyler and Mike Balsamo • Attended the Street Fair and Chili Cook-off; judged the watermelon eating contest and jalapeno eating contest • Recognized all who have served in the military; paying tribute during Memorial Day • Affirmed support for the City of Tustin proclaiming "Red Shirt Friday" • Thanked Orange County Sanitation District for participating in the Chili Cook-off • Announced the upcoming 17th annual Police Department Open House will be held on June 15 • Reminded all that Concerts in the Park will begin soon • Thanked Dave Wilson and Chili Cook-off committee MAYOR PRO TEM PUCKETT • Attended the Transportation Corridor Agency Financial Committee meeting • Attended the Pioneer Middle School 'Distinguished School" ceremony • Attended the ribbon cutting at Arbor Financial Group • Attended the retirement party for Al Marzilli, who served as Foothill High School's principal for 35 years City Council/Successor Agency/Housing Authority June 4 2013 Minutes Page 10 of 12 • Attended the Tustin Women's Federation luncheon; guest speaker was Larry Elder, author of "Dear Father, Dear Son" • Attended the Chili Cook-off; judged finals • Toured the Rawlings Reservoir and Marriot Hotels with the Planning Commission • Participated in a Marine Golf Tournament "Combat Golf"; congratulated the Marines for a great event • Attended the C.E. Utt "Distinguished School" ceremony • Reiterated his support for "Red Shirt Friday" • Wished a happy birthday to his daughter, Denise • Announced his granddaughter, Danica, is touring Europe with Orange Lutheran High School • Announced Man and Woman of the Year gala will be June 7 at the Tustin Ranch Golf Club MAYOR MURRAY • Attended the kick-off luncheon Gift of History Day which will be held at Anaheim Stadium on May 23. Gail Eastman, Mayor Pro Tern in the City of Anaheim is the driving force behind this project • Spoke at the Tustin Ranch Elementary Memorial Day assembly on May 24 • Attended the Orange County Transportation Authority Board of Directors meeting on May 24 • Spoke at the Tri-City Memorial Day ceremony at Santa Ana cemetery on May 26 • Chaired the Orange County Transportation Authority Security Working Group on May 28 • Spoke at the City of Villa Park Council meeting; provided an update on OCTA projects and funding • Attended the Pioneer Middle School "Distinguished School" ceremony on May 29 • Attended the final meeting for the Street Fair and Chili Cook-off; recognized efforts by Marilyn Buescher and Donna Marsh Peery • Attended the Association of California Cities of Orange County Infrastructure Conference on May 30; met with keynote speaker Congressman Bill Shuster • Attended the Ladera Elementary School Open House on May 30 • Attended the Tustin Women's Federation luncheon; guest speaker was Larry Elder on May 31. Interviewed with Mr. Elder on his radio show • Attended the Street Fair and Chili Cook-off on June 2; thanked Police Department • Attended the Orange County Transportation Authority Regional Planning Highways meeting on June 3 • Hosted the first Student Government Day at City Hall on June 3; thanked Stephanie Najera, Management Analyst, and Jeff Parker, City Manager • Announced State of the City luncheon will be held on June 6 • Announced the City will adjourn in honor of Deacon Jones City Council/Successor Agency/Housing Authority June 4 2013 Minutes Page 11 of 12 X61114 -11 RT, &S"4 [or, I E Z I &P, a] rox a RECONVENE IN OPEN SESSION — at 9:45 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig — Council took no reportable action ADJOURNMENT at 9:46 p.m. — 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 Minutes Page 12 of 12 Others Present: David E. Kendig, City Attorney WORKSHOP — Fiscal Year 2013114 Budget PowerPoint presentation by Jeff Parker, City Manager ADJOURNMENT at 4:19 p.m. 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 Special Meeting Minutes June 6, 2013 Page 1 of 1 Agenda Item 2 Reviewed: City Manager 'T Finance Director --N/A MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL JUNE 6, 2013 300 CENTENNIAL WAY TUSTIN, CA 2:00 P.M. CALL TO ORDER - Meeting #2319 at 2:08 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney WORKSHOP — Fiscal Year 2013114 Budget PowerPoint presentation by Jeff Parker, City Manager ADJOURNMENT at 4:19 p.m. 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 Special Meeting Minutes June 6, 2013 Page 1 of 1