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
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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
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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
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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
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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
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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
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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