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HomeMy WebLinkAbout00 CC AGENDA 6.18.13 CITY OF TUSTIN JOINT REGULAR MEETING JUNE 18, 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 #2320 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] — 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. Brown, Liebert Cassidy Whitmore 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) — Four 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 14554 Newport Avenue #3, Tustin; APN 432-131- Address/Description 20 Agency Tustin Housing Authority City Negotiators Jeffrey C. Parker, Executive Director; Jerry Craig, City Council/Successor Agency/Housing Authority June 18, 2013 Meeting Agenda Page 2 of 12 Program Manager Negotiating Parties Andrew Eugene Polgar Under Negotiation Price and terms of payment 4. Property 2345 Barranca Pkwy, APN: 434-021-22, Army Address/Description Reserve Center and 15 acres of the Northeast corner of Red Hill Avenue and Warner Avenue Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, Matt West, Redevelopment Project Manager and David E. Kendig, City Attorney Negotiating Parties United States Government acting through the Department of the Army, represented by Stan Wallin, Jeremy Hollis and Cheryl Connett of the Army Corps of Engineers 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 #2320 INVOCATION — Mayor Pro Tem Puckett PLEDGE OF ALLEGIANCE — Councilmember Bernstein ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • 2013 Southern California Edison Summer Readiness Update • Orange County Fire Authority Summer Update • Student Government Day City Council/Successor Agency/Housing Authority June 18, 2013 Meeting Agenda Page 3 of 12 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 . CONDUCT 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. On June 4, 2013 the City Council declared its intention to levy annual assessments and set a public hearing for June 18, 2013. In order to levy the annual assessments, the City Council is required to conduct a public hearing and, provided there is no majority protest, adopt Resolution No. 13-42 confirming the annual assessments for Fiscal Year 2013-2014. Recommendation: That the City Council: 1 . Conduct a public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2013-2014; and 2. Adopt Resolution No. 13-42 confirming the annual assessments for Fiscal Year 2013-2014. RESOLUTION NO. 13-42 A RESOLUTION OF THE CITY COUNCIL THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2013-2014 City Council/Successor Agency/Housing Authority June 18, 2013 Meeting Agenda Page 4 of 12 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 6) 2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD JUNE 4, 2013 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD JUNE 6, 2013. Recommendation: That the City Council, Successor Agency and Housing Authority approve the Action Minutes of the Joint Regular Meeting of the City Council and Successor Agency to the Tustin Community Redevelopment held on June 4, 2013 and the Special Meeting of the City Council held June 6, 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 ,843.52 and $609,613.20; and Demands in the amounts of$2,192,983.04. 4. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2013-2014 In order to maintain eligibility for funding under the Orange County Measure M2 Program, the City is required to annually submit a compliance package to the Orange County Transportation Authority (OCTA). Recommendation: That the City Council take the following actions: 1 . Adopt Resolution No. 13-49 concerning the City's Circulation Element for Master Plan of Arterial Highways consistency; and 2. Adopt the attached draft Measure M2 Seven-Year Capital Improvement Program (Fiscal Year 2013-2014 through Fiscal Year 2019-2020); and City Council/Successor Agency/Housing Authority June 18, 2013 Meeting Agenda Page 5 of 12 3. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M2 eligibility package to the Orange County Transportation Authority. RESOLUTION NO. 13-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA CONCERNING THE STATUS OF THE CIRCULATION ELEMENT AND MITIGATION FEE PROGRAM FOR THE CITY OF TUSTIN 5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE MCFADDEN AVENUE REHABILITATION BETWEEN MANTLE LANE AND PASADENA AVENUE PROJECT CIP NO. 70213 AND THE IRVINE BOULEVARD REHABILITATION BETWEEN PROSPECT AVENUE AND HOLT AVENUE PROJECT CIP NO. 70218 The plans and specifications for the McFadden Avenue Rehabilitation between Mantle Lane and Pasadena Avenue Project CIP No. 70213 and the Irvine Boulevard Rehabilitation between Prospect Avenue and Holt Avenue Project CIP No. 70218 have been prepared and the projects are now ready to be bid. Recommendation: That the City Council adopt Resolution No. 13-39 approving the plans and specifications for the McFadden Avenue Rehabilitation between Mantle Lane and Pasadena Avenue Project CIP No. 70213 and the Irvine Boulevard Rehabilitation between Prospect Avenue and Holt Avenue Project CIP No. 70218 and authorize the City Clerk to advertise and receive bids. 6. SET PUBLIC HEARING FOR PUBLIC HEALTH GOALS (PHGs) 2010-2012 REPORT The California Health and Safety Code requires that water utility agencies with more than 10,000 service connections prepare a report every three years and conduct public hearing to provide information to consumers on the levels of contaminants in the City's drinking water. Recommendation: It is recommended the City Council set a public hearing for July 2, 2013 at 7:00 p.m. to receive and respond to public comments on the City Of Tustin 2010-2012 Public Health Goals Report. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 7 through 16) City Council/Successor Agency/Housing Authority June 18, 2013 Meeting Agenda Page 6 of 12 7. RESOLUTION NO. 13-50, AND TUSTIN HOUSING AUTHORITY RESOLUTION NO. 13-01 APPROPRIATING FUNDS FOR VARIOUS CITY AND HOUSING AUTHORITY BUDGETS FOR THE FISCAL YEAR 2013/2014 The City Council/Commissioners are requested to approve the attached Resolutions adopting the budgets for the City, Tustin Housing Authority, and the Water Enterprise for Fiscal Year 2013/2014. Recommendation.- 1 . ecommendation:1 . Adopt Resolution No. 13-50, adopting the City budget and appropriating from the anticipated revenues of the City for fiscal year 2013/2014, Governmental Funds, $72,335,040; Special Revenue Funds, $35,845,578; and the Water Enterprise Funds, $22,431 ,610; and 2. Adopt Tustin Housing Authority Resolution No. 13-01 , adopting the Housing Authority budget and appropriating from the anticipated revenues of the Authority for fiscal year 2013/2014, $265,800. RESOLUTION NO. 13-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 2013-2014 TUSTIN HOUSING AUTHORITY RESOLUTION NO. 13-01 A RESOLUTION,OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE HOUSING AUTHORITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE AUTHORITY FOR THE FISCAL YEAR 2013-2014 8. SUCCESSOR AGENCY RESOLUTION NO. 13-01 APPROPRIATING FUNDS FOR THE SUCCESSOR AGENCY FOR JULY THROUGH DECEMBER OF FISCAL YEAR 2013/2014 The City Council acting as the Successor Agency to the Tustin Community Redevelopment Agency is requested to approve the attached resolution adopting the budget for the Successor Agency for July through December of Fiscal Year 2013/2014. Recommendation: 1 . Adopt Successor Agency Resolution No. 13-01 , adopting the Successor City Council/Successor Agency/Housing Authority June 18, 2013 Meeting Agenda Page 7 of 12 Agency budget and appropriating $5,144,447 from the anticipated revenues of the Agency for July through December of fiscal year 2013/2014. SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY RESOLUTION NO. 13-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACTING AS SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, ADOPTING THE BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE SUCCESSOR AGENCY FOR THE FISCAL YEAR 2013-2014 9. APPROPRIATION LIMIT FOR FISCAL YEAR 2013/2014 Article XIII B of the State Constitution requires each City to annually adopt a limit on appropriations for all governmental funds. The following recommendation and attached worksheets are based on the Proposed Budget as presented to the City Council on June 6, 2013. Recommendation.- 1 . ecommendation:1 . Select the change in the California per Capita Personal Income as the price factor for adjusting the Fiscal Year 2013/2014 appropriations limit. 2. Adopt Resolution No. 13-51 setting the appropriation limit for Fiscal Year 2013/2014 at $72,944,017. RESOLUTION NO. 13-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2013-2014 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE 10. TUSTIN LEGACY PROPERTY MANAGEMENT/CARETAKER SERVICES Approval is requested for allocation of funding for Tustin Legacy Property Management/Caretaker services from the Land Proceeds Fund. Recommendation: That the City Council: Approve a supplemental appropriation of $425,000 from the unappropriated reserves of the Land Proceeds Fund (Fund 189) for Fiscal Year 2013-2014 to fund the services required pursuant to proposed Amendment No. 3 to the City's Consultant Services Agreement with So Cal Sandbags for Tustin Legacy City Council/Successor Agency/Housing Authority June 18, 2013 Meeting Agenda Page 8 of 12 Property Management/Caretaker Services. 11 . LETTER AGREEMENT BETWEEN THE CITY OF TUSTIN AND UNITED STATES ARMY The United States (acting by and through the Secretary of the Army, represented by the U.S. Army Corps of Engineers, or the "Army") and the City of Tustin have been in discussions regarding a potential land exchange of the existing Tustin Army Reserve Center for another similar parcel at Tustin Legacy. The City is interested in pursuing such an exchange to potentially enhance the development potential of The District at Tustin Legacy which desires to expand its retail shopping center, including facilitating additional parking and circulation. In furtherance of good faith negotiations, approval is requested to enter into a Letter Agreement between the two parties obligating the City to fund services to be performed by the Army to effectuate a potential land exchange at no costs to the Army. Recommendation: 1 . Authorize the City Manager to execute the attached Letter Agreement between the United States (acting by and through the Secretary of the Army or the "Army") and the City of Tustin committing the City to fund services to be performed by the Army in furtherance of good faith negotiations of a land exchange between the parties. 2. Approve a supplemental appropriation of $170,000 from the unappropriated reserves of the Land Proceeds Fund (Fund 189) with $87,000 for Fiscal Year 2012-2013 and $83,000 for Fiscal Year 2013- 2014 to fund the services required pursuant to the Letter Agreement between the United States Army and the City of Tustin. 12. POLICE DEPARTMENT VEHICLE PURCHASE The Department has determined a need to purchase one (1) Ford E350 extended cargo van for use by the Special Operations Division's SWAT Team, General Investigations Unit, Gang Unit, Special Investigations Unit, and Area Command's Patrol Division. Additionally, there will be a need to award contracts for police equipment conversion work for the newly purchased vehicle. Recommendation: 1 . The purchase of one (1) 2013 Ford E350 van from Downtown Ford Sales (State contracted vendor) in Sacramento, California, in the amount of $30,313.83 (including tax, license, fees and delivery). 2. The purchase of a tactical conversion package for one (1) 2013 Ford City Council/Successor Agency/Housing Authority June 18, 2013 Meeting Agenda Page 9 of 12 E350 van from Quality Vans Tempe, Arizona, in the amount of $33,415.30. 3. The purchase of one (1) MDC and MAV camera system for one (1) 2013 Ford E350 van from Data 911 , Alameda, California, in the amount of $11 ,604.61 . 4. The purchase of one (1) Motorola police radio for one (1) 2013 Ford E350 van from Motorola Corp., Libertyville, Illinois, in the amount of $4,679.30. 5. Installation of the Motorola police radio and Data 911 MDC/MAVS units by Hi- Standard Automotive, Orange, California, in the amount of $1 ,556.75. 13. RED (REMEMBER EVERYONE DEPLOYED) SHIRT The Red Shirt Friday program was designed to show support for military service members in the community, throughout the U.S. and serving abroad. The program is recognized nationally amongst various organizations, private businesses and public entities. Public entities who proclaim support of Red Shirt Friday, encourage residents, visitors and employees to wear red on Fridays to honor veterans and active duty armed forces personnel. Attached is Resolution No. 13-53, declaring every Friday in the City of Tustin to be Red Shirt Friday. Recommendation: Pleasure of the Council RESOLUTION NO. 13-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING EVERY FRIDAY IN THE CITY OF TUSTIN TO BE "RED SHIRT FRIDAY" 14. CANCELLATION OF AUGUST 6, 2013 CITY COUNCIL MEETING The regularly scheduled City Council meeting of August 6, 2013 is being recommended for cancellation since there will not be a quorum of the City Council. Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting of August 6, 2013. The City Council hereby waives notice of said meeting as required by Government Code Section §54954. 15. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE A CONTRACT City Council/Successor Agency/Housing Authority June 18, 2013 Meeting Agenda Page 10 of 12 CHANGE ORDER WITH R. J. NOBLE COMPANY AND PARSONS TRANSPORTATION GROUP FOR SEWER WORK IN TUSTIN RANCH ROAD AND BARRANCA PARKWAY AND FOR BARRANCA CHANNEL AND STREET IMPROVEMENT WORK (CIP 70205) The plans and specifications for the new 20" permanent sewer in Tustin Ranch Road and Barranca Parkway as well as the Barranca Channel and street improvement work are being prepared for immediate construction subject to final approval by the City Engineer. Recommendation: That the City Council: 1 . Adopt Resolution No. 13-52 approving the plans and specifications subject to final engineering approval by the City Engineer; 2. Authorize a contract change order in the amount of $15,127,429 with the R.J. Noble Company for construction and in the amount of $996,071 with the Parsons Transportation Group for construction management for the sewer, channel, and roadway improvements based upon bid pricing for similar work under contract and mobilized for the Tustin Ranch Road Phase 2 Roadway Improvements; and 3. Appropriate $15,518,124 from unencumbered Tustin Legacy Backbone Infrastructure Obligation Program proceeds in Fund 187 and remainder from Land Proceeds Fund 189 and appropriate $605,376 from Irvine Ranch Water District (IRWD) Reimbursement Fund 200 and authorize the City Manager to expend said funds in an amount not-to-exceed $16,123,500 for construction installation, construction engineering, management and inspection. RESOLUTION NO. 13-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE SEWER WITHIN TUSTIN RANCH ROAD AND BARRANCA PARKWAY AND THE BARRANCA CHANNEL AND BARRANCA PARKWAY IMPROVEMENTS (CIP NO. 70205) 16. CONSULTANT SERVICES AGREEMENT WITH TELECOM PARTNERS GROUP, INC. (dba ATS COMMUNICATIONS) Approval is requested for the renewal of a consultant services agreement with Telecom Partners Group, Inc. (dba ATS Communications) for marketing City- owned sites to wireless carriers and assisting in the negotiation of licenses on those City-owned sites. The Consultant's Scope of Services has been re- defined and the rate of Consultant compensation has been re-negotiated in the proposed agreement. City Council/Successor Agency/Housing Authority June 18, 2013 Meeting Agenda Page 11 of 12 Recommendation: Approve the Consultant Services Agreement with Telecom Partners Group, Inc. and authorize the City Manager to: 1 . Execute the Consultant Services Agreement with Telecom Partners Group, Inc. (dba ATS Communications); 2. Take such other actions as are necessary to implement the agreement, consistent with terms thereof. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, July 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 June 18, 2013 Meeting Agenda Page 12 of 12