HomeMy WebLinkAbout00 CC AGENDA 7.16.13 CITY OF TUSTIN JOINT REGULAR MEETING JULY 16, 2013
OF THE CITY COUNCIL AND SUCCESSOR COUNCIL CHAMBER
AGENCY TO THE TUSTIN COMMUNITY 300 CENTENNIAL WAY, TUSTIN
REDEVELOPMENT AGENCY
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 #2323
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(d2)] — City of Irvine and One Case
2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(d2)] — Two Cases
3. 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
Employee Organization: Tustin Municipal Employees Association (TMEA)
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
54956.8) — 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.
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, and John
Buchanan, Program Manager
Negotiating Parties Ted McKibbin, President Standard Pacific Homes,
Southern California Coastal
Under Negotiation Price and terms of payment
JOINT REGULAR MEETING OF THE
CITY COUNCIL AND SUCCESSOR AGENCY TO THE
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
7:00 P.M.
CALL TO ORDER — Meeting #2323
INVOCATION — Councilmember Nielsen
PLEDGE OF ALLEGIANCE — Mayor Murray
ROLL CALL — City Clerk
City Council/Successor Agency July 16, 2013
Meeting Agenda Page 2 of 8
CLOSED SESSION REPORT — City Attorney David E. Kendig
PRESENTATIONS
• Public Works Department
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 . TENTATIVE PARCEL MAP 2012-137 & CONDITIONAL USE PERMIT 2012-
14
Tentative Parcel Map 2012-37 and Conditional Use Permit 2012-14 are
requests to subdivide a 6.17-acre office complex currently improved with three
(3) office buildings, one (1) three-level parking structure, and surface parking
into three (3) numbered lots with shared parking for financing and conveyance
purposes only. On June 25, 2013, the Planning Commission adopted
Resolution No. 4226, recommending that the City Council approve Tentative
Parcel Map 2012-137 and Conditional Use Permit 2012-14.
Applicant: Centurion Plaza, LLC
Project Site: 15621 , 15641 , and 15661 Red Hill Avenue.
Recommendation: That the City Council adopt Resolution No. 13-55
approving Tentative Tract Map 2012-137 and Conditional Use Permit 2012-
14.
RESOLUTION NO. 13-55
A RESOLUTION OF THE CITY COUNCIL APPROVING
TENTATIVE PARCEL MAP (TPM) 2012-137 AND CONDITIONAL
USE PERMIT 2012-14 TO SUBDIVIDE AN EXISTING 6.17-ACRE
PROPERTY INTO THREE (3) NUMBERED LOTS FOR
CONVEYANCE PURPOSES AND ESTABLISH JOINT-USE
City Council/Successor Agency July 16, 2013
Meeting Agenda Page 3 of 8
PARKING FOR THE PROPERTIES LOCATED AT 15621 , 15641 ,
AND 15661 RED HILL AVENUE
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 9)
2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY
COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD JULY 2,
2013 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD JUNE
29, 2013
Recommendation: That the City Council and Successor Agency approve the
Action Minutes of the Joint Regular Meeting of the City Council, Successor
Agency to the Tustin Community Redevelopment Agency and Housing
Authority held on July 2, 2013 and the Special Meeting of the City Council
held June 29, 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 ,376.78 and
$620,857.97; and Demands in the amounts of$1 ,294,280.69.
4. AWARD OF CONTRACTS FOR ANNUAL LANDSCAPE MAINTENANCE
SERVICES FOR THE GENERAL FUND/WATER FACILITIES AND THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT
Award landscape maintenance services contracts for the General Fund
City/Water Facilities and Tustin Landscape and Lighting District, covering an
initial term, beginning August 1 , 2013 through June 30, 2015 with an option for
three additional one-year extensions at the City's sole discretion.
Recommendation: That the City Council award landscape maintenance
services contracts to Spectrum Care Landscape for the General Fund
City Council/Successor Agency July 16, 2013
Meeting Agenda Page 4 of 8
City/Water Facilities in the amount of $328,676 annually and Merchants
Landscape Services for the Tustin Landscape and Lighting District (TLLD) in
the amount of $292,668 annually, authorizing the Mayor and the City Clerk to
execute the contract documents on behalf of the City.
5. AWARD CONTRACT FOR URBAN FORESTRY MANAGEMENT
Award a maintenance service contract for the City's Urban Forestry
Management, covering an initial term, beginning August 1 , 2013 through June
30, 2018; with an option for three one year extensions at the City's sole
discretion.
Recommendation: That the City Council award a maintenance service
contract to West Coast Arborist, Inc. for the Urban Forestry Management in
the amount of $502,161 annually, authorizing the Mayor and the City Clerk to
execute the contract documents on behalf of the City.
6. THIRD AMENDMENT TO THE RENTAL AGREEMENT BETWEEN THE CITY
OF TUSTIN AND NATIONAL OFFICE LIQUIDATORS, INC. FOR A PORTION
OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE
Recommendation: That the City Council authorize the City Manager to
execute the attached Third 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 Section 7960(B), are required.
7. AMENDED AND RESTATED SCHEDULE OF PARKING PENALTIES
Adoption of the Amended and Restated Schedule of Parking Penalties as
recommended by the Tustin Police Department would ensure that City fines
for parking violations are current, and consistent with regional standards and
legal authority. In addition, adoption of the Amended and Restated Schedule
of Parking Penalties would standardize, and make internally consistent, the
fine amounts assessed for violations of the Tustin City Code and the California
Vehicle Code. Such standardization would facilitate enforcement efforts and
reduce any confusion concerning perceived inconsistencies in the City's
schedule of parking penalties.
Recommendation: Adopt Resolution No. 13-48 amending and restating the
City of Tustin schedule of parking penalties, late payment penalties, and
related service fees, to be effective forty-five (45) days following passage and
approval by City Council.
RESOLUTION NO. 13-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
City Council/Successor Agency July 16, 2013
Meeting Agenda Page 5 of 8
TUSTIN, CALIFORNIA, ADOPTING AN AMENDED AND
RESTATED SCHEDULE OF PARKING PENALTIES, LATE
PAYMENTS, AND RELATED SERVICE FEES
8. FY2011 HOMELAND SECURITY GRANT PROGRAM (HSGP)
The Orange County Sheriff-Coroner Department (Sheriff's Department), acting
on behalf of the Orange County Operational Area, has applied for, received
and accepted a grant entitled "FY 2011 Homeland Security Grant Program"
(HSGP). This grant is from the State of California, acting through its California
Emergency Management Agency, to enhance county-wide emergency
preparedness and to help the Operational Area prevent, respond to, and
recover from acts of terrorism, as set forth in the grant guidelines and
assurances that are incorporated into this Agreement by reference.
The California Emergency Management Agency has awarded $4,938,238 to
the County of Orange (Sheriffs Department) for use in the Orange County
Operational Area, for the term of November 18, 2011, through April 30, 2014.
The funds are now available for distribution throughout the Operational Area,
and the City of Tustin, as a Sub-Recipient, is authorized to participate in the
grant funding.
Recommendation: That the City Council:
1 . Adopt Resolution No. 13-54 designating the Chief of Police or his
designee as the City's authorized representative for the FY 2011
HSGP.
2. Approve the FY 2011 HSGP Transfer Agreement between the
County of Orange and the City of Tustin.
RESOLUTION NO. 13-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DESIGNATING THE CHIEF OF POLICE
OR HIS DESIGNEE AS THE CITY'S AUTHORIZED
REPRESENTATIVE FOR THE FY 2011 HOMELAND SECURITY
GRANT PROGRAM (HSGP)
9. APPROVAL OF REIMBURSEMENT AGREEMENT BETWEEN IRVINE
RANCH WATER DISTRICT AND THE CITY OF TUSTIN FOR A VARIETY OF
CAPITAL FACILITIES FOR THE TUSTIN LEGACY DEVELOPMENT
The proposed Reimbursement Agreement between the City of Tustin and the
Irvine Ranch Water District (IRWD) outlines each agency's responsibilities for
the design and construction of IRWD capital facilities at Tustin Legacy and is a
replacement of a similar Agreement approved in 2012 as part of the Tustin
City Council/Successor Agency July 16, 2013
Meeting Agenda Page 6 of 8
Ranch Road, Valencia Avenue, Park Avenue, and Legacy Road Ph. 2
Roadway Improvements Construction Project (CIP No.'s 70100, 70204,
70206, 70214, & 70215) and for the design only of IRWD capital facilities in
Warner Avenue and South Loop Road (CIP No.'s 70202 and 70216).
Recommendation: That the City Council approve the Reimbursement
Agreement between the Irvine Ranch Water District and the City of Tustin for
the design and/or construction of a variety of IRWD capital facilities at Tustin
Legacy and authorize the Mayor and City Clerk to execute the Agreement on
behalf of the City subject to approval as to form with any minor non-
substantive modifications required by the City Attorney.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Items 10 through 12)
10. MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL
EMPLOYEES ASSOCIATION
Adoption of the attached Resolutions and Memorandum of Understanding
(MOU) will authorize terms and conditions of employment for employees in
classifications represented by the Tustin Municipal Employees Association
(TMEA) in accordance with City Council direction.
Recommendation: That the City Council adopt the following resolutions:
1 . Resolution No. 13-68 amending the City's Classification and
Compensation Plans and approving a Memorandum of Understanding
with TMEA for the period of July 1 , 2013 through June 30, 2015; and
2. Resolution No. 13-71 eliminating Employer Paid Member Contributions
for all employees in classifications represented by TMEA
RESOLUTION NO. 13-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND
COMPENSATION PLANS FOR THE CITY OF TUSTIN AND
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF TUSTIN AND THE TUSTIN MUNICIPAL
EMPLOYEES ASSOCIATION, CONCERNING WAGES, HOURS,
AND TERMS AND CONDITIONS OF EMPLOYMENT
City Council/Successor Agency July 16, 2013
Meeting Agenda Page 7 of 8
RESOLUTION NO. 13-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ELIMINATING EMPLOYER PAID MEMBER
CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM FOR EMPLOYEES IN CLASSIFICATIONS
REPRESENTED BY THE TUSTIN MUNICIPAL EMPLOYEES
ASSOCIATION
11 . SETTLEMENT AGREEMENT WITH THE CITY OF IRVINE ESTABLISHING A
PROTOCOL FOR ANALYSIS OF TRAFFIC IMPACTS
The Council will consider whether to approve an agreement with the City of
Irvine to establish a protocol for the evaluation of traffic impacts of some future
projects and to resolve a dispute about the analysis of traffic related to the
South Orange County Community Colleges District project.
Recommendation: Approve and authorize the Mayor to execute the Settlement
Agreement and General Release with the City of Irvine.
12. 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, August 20, 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 July 16, 2013
Meeting Agenda Page 8 of 8