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Home My WebLink AboutCC MINUTES 07-16-13 MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY JULY 16, 2013 300 CENTENNIAL WAY TUSTIN, CA CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER— Meeting #2323 at 5:30 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tem Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan ' Bernstein Absent: Jeffrey C. Parker, City Manager/City Clerk City Clerk: Erica Rabe, City Clerk Services Supervisor Others Present: David E. Kendig, City Attorney PUBLIC INPUT — None CLOSED SESSION UPDATE — City Attorney, David E. Kendig — In the absence of City Manager, Jeff Parker, John Buchanan will negotiate on behalf of the City under the real property negotiations. 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 City Council/Successor Agency July 16, 2013 Minutes Page 1 of 10 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 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 1B 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 RECESSED at 5:31 p.m. RECONVENED at 7:08 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. City Council/Successor Agency July 16, 2013 Minutes Page 2 of 10 CALL TO ORDER — Meeting #2323 at 7:08 p.m. INVOCATION — Councilmember Nielsen PLEDGE OF ALLEGIANCE — Mayor Murray ROLL CALL— City Clerk Present: Mayor Al Murray, Mayor Pro Tem Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: Jeffrey C. Parker, City Manager/City Clerk City Clerk: Erica Rabe, City Clerk Services Supervisor Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig — The Council took no reportable action PRESENTATIONS • Kris Concepcion, Division Chief, provided an update on Orange County Fire Authority's hazardous materials inspection refund • PowerPoint presentation by Doug Stack, Director of Public Works — Tustin Ranch Road Concrete Pour ORAL COMMUNICATION/PUBLIC INPUT— None PUBLIC HEARING 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. City Council/Successor Agency July 16, 2013 Minutes Page 3 of 10 Applicant: Centurion Plaza, LLC ' Project Site: 15621, 15641, and 15661 Red Hill Avenue. Public hearing opened at 7:27 p.m. Public hearing closed at 7:27 p.m., with no additional comments It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Nielsen to 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 PARKING FOR THE PROPERTIES LOCATED AT 15621, 15641, AND 15661 RED HILL AVENUE Motion carried: 5-0 CONSENT CALENDAR ITEMS 2-9 It was moved by Mayor Murray and seconded by Councilmember Nielsen to pull Items 5, 7, 8 and approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried: 5-0 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. City Council/Successor Agency July 16, 2013 Minutes Page 4 of 10 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/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. It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem Puckett to 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. Motion carried: 5-0 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 City Council/Successor Agency July 16, 2013 Minutes Page 5 of 10 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 PowerPoint presentation by Captain Celano 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. It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Bernstein to 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 TUSTIN, CALIFORNIA, ADOPTING AN AMENDED AND RESTATED SCHEDULE OF PARKING PENALTIES, LATE PAYMENTS, AND RELATED SERVICE FEES Motion carried: 5-0 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 City Council/Successor Agency July 16, 2013 Minutes Page 6 of 10 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. It was moved by Councilmember Gomez and seconded by Councilmember Nielsen to: 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) Motion carried: 5-0 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 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 10-12 City Council/Successor Agency July 16, 2013 Minutes Page 7 of 10 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. It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen to: 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 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 Motion carried: 5-0 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. City Council/Successor Agency July 16, 2013 Minutes Page 8 of 10 It was moved by Mayor Murray and seconded by Councilmember Bernstein to approve and authorize the Mayor to execute the Settlement Agreement and General Release with the City of Irvine. 12. LEGISLATIVE REPORT Due the summer break of the State Legislature, no report was provided. OTHER BUSINESS/COMMITTEE REPORTS COUNCILMEMBER BERNSTEIN • Participated in the Tustin Meadows 4th of July parade; thanked all who were involved and Mr. James Ashby • Attended Association of California Cities of Orange County City Leader Reception at the Disneyland Resort on July 11 COUNCILMEMBER GOMEZ • Participated in the Tustin Meadows 4th of July parade and carnival; expressed appreciation to the volunteers • Attended the fireworks show at Tustin High School; thanked Dave Wilson and Parks and Recreation staff for organizing a safe event • Announced the visit with the Orange County Waste Commission was postponed to August; will provide a report following the visit • Attended a ribbon cutting for Vape 1st on July 11 • Attended a ribbon cutting for Back Nine Greens on July 12 • Announced a dental clinic was held at the Senior Center, with the assistance of the Rotary Club, on July 13; encouraged those who are in need of assistance to attend the clinic next year COUNCILMEMBER NIELSEN • Attended the Operations Committee meeting for the Orange County Sanitation District; toured treatment plant no. 2 • Attended the Tustin Meadows 4th of July parade and carnival; rode in the parade with Grand Marshall Don Saltarelli and Councilmember Gomez • Attended the fireworks celebration at Tustin High School; congratulated Dave Wilson and Parks and Recreation staff • Attended the Association of California Cities of Orange County City Leader reception at California Disney Hotel on July 11 MAYOR PRO TEM PUCKETT • Participated in the Tustin Meadows 4th of July parade; congratulated Grand 111 Marshall Don Saltarelli • Attended two Transportation Corridor Authority meetings City Council/Successor Agency July 16, 2013 Minutes Page 9 of 10 • Congratulated Dave Wilson for a successful fireworks display • Attended a ribbon cutting for AT&T call center on July 8; thanked AT&T for representing the City of Tustin • Mentioned the Concerts in the Park program has been successful and enjoyable • Gave commencement address at the Orange County Rescue Mission July 14; thanked Jim Palmer • Asked to serve on the Boys and Girls Club Endowment Board; congratulated the Boys and Girls Club • Announced friend and author, Julie Garcia, will speak at the Tustin Library regarding her book "Resilience the Unbroken Spirit" on August 28 at 7:00 p.m. to 8:30 p.m. • Wished a happy birthday to wife, Donna MAYOR MURRAY • Attended the Concerts in the Park on July 3; congratulated Dave Wilson • Spoke at the Tustin Meadows 4th of July parade; family joined to ride in the parade • Attended the fireworks show at Tustin High School; thanked Dave Wilson and Parks and Recreation staff for organizing a safe event • Attended the Orange County Transportation Authority Board meeting on July 8 • Attended the ribbon cutting for Kitjima to celebrate the 1 year anniversary on July 9 • Attended the Orange County Fire Authority Budget and Finance meeting on July 10; thanked Kris Concepcion, Division Chief, for providing an update on the hazardous materials inspection refund • Attended the Association of California Cities of Orange County City Leader reception at California Disney Hotel on July 11 • Announced Tustin Youth Family Center will host a dental clinic on July 23. Chuck Tozzner, DDS will provided dental services; Tustin Lion's Club will assist with vision and hearing screening; fundraiser BBQ will be held during the event to generate funds for a clinic next year • Announced R.D. Olson will open the two Marriot Hotels mid-August ADJOURNED at 8:11 p.m. 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. belt tai Le -47 ELWYN MURRAY, JEFF 9 Y C. PARKER, Mayor 9 tI-r. 1 City Council/Successor Agency July 16, 2013 Minutes Page 10 of 10