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Home My WebLink About00 CC AGENDA 10-1-13 CITY OF TUSTIN SPECIAL MEETING OCTOBER 1, 2013 OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN 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 Pamela Arends-King, Interim City Treasurer SPECIAL MEETING 4:30 P.M. CALL TO ORDER ATTENDANCE PUBLIC INPUT — Members of the public may address the City Council on items on the Special Meeting agenda. REGULAR BUSINESS ITEM 1. INTERVIEW AND APPOINT A MEMBER TO THE AUDIT COMMISSION The City Council will conduct interviews and appoint one (1) member to the Audit Commission. The Audit Commissioner will serve until March 1 , 2015 or until a respective successor is appointed and qualified. ADJOURNED 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. CITY OF TUSTIN JOINT REGULAR MEETING OCTOBER 1, 2013 OF THE CITY COUNCIL, SUCCESSOR COUNCIL CHAMBER AGENCY, FINANCING AUTHORITY 300 CENTENNIAL WAY, TUSTIN AND 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 Pamela Arends-King, Interim City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2328 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 [Government Code § 54956.9(d2)] — Department of Finance and One Case 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. 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 17144; Address/Description 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 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. City Negotiators Jeffrey C. Parker, City Manager, Elizabeth Binsack, Community Development Director, and John Buchanan, Deputy Director of Economic Development 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 APN: 430-391-12, 430-391-09, and 430-391-03 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Gregory Franklin, Superintendent Under Negotiation Price and Terms of Payment JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, TUSTIN PUBLIC FINANCING AUTHORITY AND HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2328 COLOR PRESENTATION, INVOCATION & PLEDGE: American Legion ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS o The American Legion - Boys State Program o Orange County Transportation Authority - Rideshare Program October 7-11 City Council/Successor Agency/Housing Authority/Financing Authority October 1, 2013 Meeting Agenda Page 2 of 8 o Orange County Fire Authority - Fire Prevention Week October 6-12 o Orange County Rescue Mission - Jim Palmer, President 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. PUBLIC HEARING ITEMS 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 Items 1 and 2) 1 . ISSUANCE OF WATER REVENUE BONDS BY THE TUSTIN PUBLIC FINANCING AUTHORITY Approval by the Tustin Public Financing Authority ("TPFA") and the City of Tustin ("City") is requested to authorize the issuance and sale of 2013 Water Revenue Bonds, (Bonds) in an aggregate principal amount not to exceed $15 million to finance water system improvements, primarily the replacement of the Simon Ranch Reservoir, Booster Pump Station and Pipeline Replacement Project and the Tustin Avenue Well Replacement Project. Recommendation.- 1 . ecommendation:1 . The TPFA adopt TPFA Resolution 13-02 Authorizing the issuance and sale of water revenue bonds to finance improvements to the City of Tustin's municipal water enterprise and approving related documents and official actions a. Indenture of Trust; b. Installment Sale Agreement; c. Bond Purchase Agreement; and d. Preliminary Official Statement. 2. The City Council adopt City Council Resolution 13-87 approving the proceedings to finance the improvement to the City's municipal water system, approving the issuance of water revenue bonds by the Tustin Public Financing Authority for such purposes and approving the related documents and official actions City Council/Successor Agency/Housing Authority/Financing Authority October 1, 2013 Meeting Agenda Page 3 of 8 a. Installment Sale Agreement; b. Bond Purchase Agreement; and c. Preliminary Official Statement. TPFA RESOLUTION NO. 13-02 A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF WATER REVENUE BONDS TO FINANCE IMPROVEMENTS TO THE CITY OF TUSTIN'S MUNICIPAL WATER ENTERPRISE AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS RESOLUTION NO. 13-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PROCEEDINGS TO FINANCE IMPROVEMENTS TO THE CITY'S MUNICIPAL WATER SYSTEM, APPROVING THE ISSUANCE OF WATER REVENUE BONDS BY THE TUSTIN PUBLIC FINANCING AUTHORITY FOR SUCH PURPOSES AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS 2. GENERAL PLAN AMENDMENT (GPA) 2013-002, HOUSING ELEMENT UPDATE The Housing Element of the Tustin General Plan sets forth the City's strategy to preserve and enhance the community's character, expand housing opportunities for the City's various economic segments, and provide policy guidance for local decision making related to housing. The City is mandated by the State to update its Housing Element to include recent available data and to submit the document to the State Department of Housing and Community Development (HCD). On June 21 , 2013, copies of the draft Housing Element and Technical Memorandum were submitted to HCD for a sixty (60)-day review period. Preliminary verbal comments from HCD were provided to City staff on August 7, 2013. On August 13, 2013, the Planning Commission adopted Resolution No. 4227, recommending that the City Council adopt a Negative Declaration for the Housing Element Update (General Plan Amendment 2013-002), and Resolution No. 4228, recommending that the City Council approve General Plan Amendment 2013-002, updating the Housing Element. Following the Planning Commission's action, the revised draft Housing Element and Technical Memorandum which incorporated the verbal comments from HCD were transmitted to HCD for review. In a letter dated City Council/Successor Agency/Housing Authority/Financing Authority October 1, 2013 Meeting Agenda Page 4 of 8 August 22, 2013, HCD confirmed that the draft Housing Element will comply with State law upon its adoption by the City Council and transmittal to HCD. Recommendation: That the City Council: 1 . Adopt Resolution No. 13-85, adopting a Negative Declaration for General Plan Amendment 2013-002; and, 2. Adopt Resolution No. 13-86, approving General Plan Amendment 2013-002, updating the Housing Element. RESOLUTION NO. 13-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR GENERAL PLAN AMENDMENT 2013-002 (HOUSING ELEMENT UPDATE) RESOLUTION NO. 13-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (GPA) 2013-002, UPDATING THE TUSTIN HOUSING ELEMENT PURSUANT TO GOVERNMENT CODE SECTION 65588 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 3 through 8) 3. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD SEPTEMBER 17, 2013 Recommendation: That the City Council, Successor Agency and Housing Authority 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 September 17, 2013. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL City Council/Successor Agency/Housing Authority/Financing Authority October 1, 2013 Meeting Agenda Page 5 of 8 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 ,758.79 and $597,032.45; and Demands in the amount of$3,942,118.20. 5. ELECTRONIC SCANNING AND STORAGE OF RECORDS FOR THE COMMUNITY DEVELOPMENT DEPARTMENT The Community Development Department has enlisted the services of ECS Imaging, Inc., a professional digital scanning service, to digitally scan planning project files. Staff performed quality control on the scanned files listed in Exhibit A and stored the files in the City's Laserfiche archive. The Community Development Department requests permission to destroy the paper copies of these files. The Community Development Department also requests permission to destroy the records listed in Exhibit A that are more than two (2) years old. Recommendation: Adopt Resolution No. 13-81 , authorizing the scanning and electronic storage of project planning files and the destruction of paper copies as listed on Exhibit A. RESOLUTION NO. 13-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND PAPERS IN THE POSSESSION OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF TUSTIN, PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE 6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS CIP 40079 (PHASE 3) The plans and specifications for the Traffic Signal Battery Backup System (BBS) Installations CIP 40079 (Phase 3) have been prepared and the project is ready to be bid. Recommendation: That the City Council adopt Resolution No. 13-72 approving the plans and specifications for the Battery Backup System Installations CIP 40079 (Phase 3), and authorize the City Clerk to advertise to receive bids. City Council/Successor Agency/Housing Authority/Financing Authority October 1, 2013 Meeting Agenda Page 6 of 8 7. ADOPT RESOLUTION NO. 13-83 TO ACCEPT IMPROVEMENTS FOR THE RAWLINGS RESERVOIR REPLACEMENT - PHASE II CONSTRUCTION PROJECT CIP 60136 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Rawlings Reservoir Replacement - Phase II Construction Project CIP 60136 has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: That the City Council take the following actions: 1 . Adopt Resolution No. 13-83 accepting the construction of the Rawlings Reservoir Replacement - Phase II Construction Project CIP 60136; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 13-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE RAWLINGS RESERVOIR REPLACEMENT - PHASE II CONSTRUCTION PROJECT CIP NO. 60136 8. REJECTION OF BIDS FOR GRAFFITI ABATEMENT City staff is recommending that the City Council reject all bids for the project at this time. The City received four (4) bids for this project. Due to inconsistent information inadvertently provided to respondents, city staff will clarify the requirements and specifications and reissue the Request for Proposals to graffiti removal contractors. Recommendation: That the City Council: 1 . Reject all bids received on the graffiti abatement services; 2. Authorize staff to re-advertise the Request for Proposal; and 3. Authorize an extension of the existing contract with the City's current contractor at the existing rate on a month-to-month basis. City Council/Successor Agency/Housing Authority/Financing Authority October 1, 2013 Meeting Agenda Page 7 of 8 REGULAR BUSINESS ITEM Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 9) 9. RECOMMENDATION OF THE FINANCE DIRECTOR'S APPOINTMENT AS THE CITY TREASURER City Council is asked to consider the recommendation to appoint the Finance Director as the City Treasurer. Recommendation.- That ecommendation:That the City Council adopt one of the following three alternatives: 1 . Accept the City Manager's recommendation to appoint the Finance Director as the City Treasurer, who shall be responsible for investing City funds in accordance with the City's Investment Policy that is adopted by the City Council annually, and increase the Finance Director's annual salary by 5% from $165,651 to $173,933. 2. Recruit for an appointed City Treasurer at no cost or at a cost to be determined. 3. Retain the services of an outside investment firm to invest the City's cash. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, October 15, 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/Financing Authority October 1, 2013 Meeting Agenda Page 8 of 8