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Home My WebLink About00 CC AGENDA 10.15.13CITY OF TUSTIN JOINT REGULAR MEETING OCTOBER 15, 2013 OF THE CITY COUNCIL, SUCCESSOR COUNCIL CHAMBER AGENCY, FINANCING AUTHORITY 300 CENTENNIAL WAY, TUSTIN AND HOUSING AUTHORITY _ Charles E. "Chuck" Puckett, Mayor Pro Tern 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 #2330 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 Address /Description Agency City Negotiators Negotiating Parties Under Negotiation APN: 430 - 391 -12, 430 - 391 -09, and 430 - 391 -03 City of Tustin Jeffrey C. Parker, City Manager Tustin Unified School District, represented by Gregory Franklin, Superintendent 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 #2330 INVOCATION - Mayor Pro Tern Puckett PLEDGE OF ALLEGIANCE — Councilmember Bernstein ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS o Outstanding Old Town Property — 138 North B Street City Council /Successor Agency /Housing Authority /Financing Authority October 15, 2013 Meeting Agenda Page 2 of 9 • Orange County Rescue Mission - Jim Palmer, President • International City /County Management Association video • Emergency Management Program 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. 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 1 through 11) APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, FINANCING AUTHORITY AND HOUSING AUTHORITY HELD OCTOBER 1, 2013 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD ON OCTOBER 1, 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, Financing Authority and Housing Authority held on October 1, 2013 and the Special Meeting of the City Council held on October 1, 2013. 2. 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 $11,758.79 and $587,681.30; and Demands in the amount of $7,746,875.74. 3. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS This report transmits two John Wayne Airport Noise Abatement Quarterly Reports for the first and second quarters of 2013. The average noise level measured at monitoring station NMS 10N, located at Columbus Tustin Middle School on Beneta Way, remained relatively constant during the first and City Council /Successor Agency /Housing Authority /Financing Authority October 15, 2013 Meeting Agenda Page 3 of 9 second quarters. Average noise levels during the two quarters remained below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: That the City Council receive and file this report. 4. ADOPT RESOLUTION NO. 13 -77 TO ACCEPT IMPROVEMENTS FOR THE ROBINSON DRIVE /KELLER DRIVE PEDESTRIAN ENHANCEMENTS (CIP 40083) AND BROWNING AVENUE /PARKVIEW WAY PEDESTRIAN ENHANCEMENTS (CIP 40084) Construction of the Robinson Drive /Keller Drive Pedestrian Enhancements (CIP 40083) and Browning Avenue /Parkview Way Pedestrian Enhancements (CIP 40084) has been completed to the satisfaction of the City Engineer and the projects are now ready for City Council acceptance. Recommendation: That the City Council 1. Adopt Resolution No. 13 -77 accepting the construction of the Robinson Drive /Keller Drive Pedestrian Enhancements (CIP 40083) and the Browning Avenue /Parkview Way Pedestrian Enhancements (CIP 40084); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 13 -77 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 ROBINSON DRIVE/ KELLER DRIVE PEDESTRIAN ENHANCEMENTS (CIP 40083) AND THE BROWNING AVENUE /PARKVIEW WAY PEDESTRIAN ENHANCEMENTS (CIP 40084) 5. ADOPT RESOLUTION NO. 13 -84 TO ACCEPT IMPROVEMENTS FOR THE EDINGER AVENUE WELL - PHASE I DRILLING PROJECT CIP 60165 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Edinger Avenue Well - Phase I Drilling Project CIP 60165 has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: 1. Adopt Resolution No. 13 -84 accepting the construction of the Edinger City Council /Successor Agency /Housing Authority /Financing Authority October 15, 2013 Meeting Agenda Page 4 of 9 Avenue Well Phase I Drilling Project CIP 60165, and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 13 -84 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 EDINGER AVENUE WELL - PHASE I DRILLING PROJECT CIP NO. 60165 6. AWARD CONTRACT FOR ANNUAL CATCH BASIN INSERT CLEANING AND MAINTENANCE SERVICES The approval of a multiyear contract with United Storm Water, Inc. will provide for the regular cleaning and maintenance of catch basin inserts and screens installed within the public right -of -way. Recommendation: That the City Council award a contract with United Storm Water, Inc. for the Annual Catch Basin Insert Cleaning and Maintenance Services, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 7. ADOPT RESOLUTION NO. 13 -73 TO ACCEPT IMPROVEMENTS FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS - PHASE 2 CIP 40079 AND THE TRAFFIC SIGNAL CONTROLLER EQUIPMENT UPGRADES /REPLACEMENTS - PHASE 2 CIP 40080 Construction of the Traffic Signal Battery Backup System Installations — Phase 2 CIP 40079 and the Traffic Signal Controller Equipment Upgrades /Replacements - Phase 2 CIP 40080 have been completed to the satisfaction of the City Engineer and the projects are now ready for City Council acceptance. Recommendation: That the City Council: 1. Adopt Resolution No. 13 -73 accepting the construction of the Traffic Signal Battery Backup System Installations - Phase 2 CIP 40079 and the Traffic Signal Controller Equipment Upgrades /Replacements - Phase 2 CIP 40080; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 13 -73 City Council /Successor Agency /Housing Authority /Financing Authority October 15, 2013 Meeting Agenda Page 5 of 9 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 TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS - PHASE 2 CIP 40079 AND THE TRAFFIC SIGNAL CONTROLLER EQUIPMENT UPGRADES /REPLACEMENTS - PHASE 2 CIP 40080 8. POLICE DEPARTMENT VEHICLE PURCHASES Seven (7) Police Department patrol vehicles are in need of replacement. The Department has determined the need to purchase four (4) Dodge Chargers, and three (3) Chevrolet Tahoe pursuit rated vehicles. Additionally, there will be a need to award a contract for police equipment conversion work for the newly purchased police units. Recommendation: 1. The purchase of four (4) 2013 Dodge Charger police rated vehicles from McPeek's Dodge in Anaheim, California, in the amount of $107,482.04 (including tax, license, fees and delivery). 2. The purchase of three (3) 2013 Chevrolet Tahoe police rated vehicles from Wondries Fleet Group in Alhambra, California, in the amount of $96,218.61 (including tax, license, fees and delivery). 3. The purchase of police equipment conversion packages for the conversion of four (4) 2013 Dodge Chargers, and three (3) Chevrolet Tahoe's from Hi- Standard Automotive in Orange, California, in the amount of $52,246.88. 4. The additional change -over costs for four (4) 2013 Dodge Chargers, and three (3) Chevrolet Tahoe's from one (1) additional vendor, in the amount of $2,513.00 (graphic signs). 5. The Public Works Department to dispose of the retired surplus vehicles at the next available public auction and credit net proceeds to the applicable City Revenue Fund. 9. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR FRONTIER PARK WATER PLAY ELEMENT (CIP No. 20074) This project includes changing the use of the existing amphitheater area at Frontier Park into a "splash pad" water play element. City Council /Successor Agency /Housing Authority /Financing Authority October 15, 2013 Meeting Agenda Page 6 of 9 Recommendation: Staff recommends that the City Council approve Resolution No. 13 -88, approving specifications for the construction of a water play element at Frontier Park (CIP No. 20074), and authorizing the City Clerk to advertise for bids. 10. EXTENSION OF AGREEMENT WITH THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL AND BUDGET APPROPRIATION Approval by the City Council is requested to authorize the extension of the agreement with the Department of Toxic Substances Control (DTSC) for the former MCAS Tustin project area (Tustin Legacy) environmental remediation and approve a budget appropriation to fund the extended agreement. Recommendation: That City Council: 1. Authorize the extension of the City's agreement with DTSC through December 2014. 2. Authorize a budget appropriation of $50,000 to fund the agreement's extension from The Proceeds from Land Sale Fund 189. 11. RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND COLOR MARBLE COMMERCIAL PROJECTS, INC. FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE Approval is requested for a Fifteen (15) Month Rental Agreement between the City and Color Marble Commercial Projects, Inc. (Tenant), for a City -owned property located at 15171 Del Arno Avenue. Recommendation: That the City Council authorize the City Manager to execute the attached Rental Agreement with Color Marble Commercial Projects, Inc. and support the finding that the Rental Agreement is at market value and no further policy directions, as outlined in Tustin City Code 'Section 7960(B), are required. REGULAR BUSINESS ITEM Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 12) 12. BUSINESS LICENSE PROGRAM City Council /Successor Agency /Housing Authority /Financing Authority October 15, 2013 Meeting Agenda Page 7 of 9 City staff is seeking policy direction from the City Council regarding the implementation of Tustin Municipal Code, Chapter 5, Section 2512 Business License (attached) which requires any person that transacts and /or does business in the city must procure a City License. The purpose of the City Business License is to insure businesses are in the appropriate location and within guidelines associated with their specific activity. The Business License tax also helps fund critical city services that are utilized by those businesses, such as Police and Fire protection, street rehabilitation and paving, and sidewalk maintenance. At its March 19th meeting, the City Council authorized an agreement with Municipal Auditing Services (MAS) to assist the City s Finance Department with identifying and collecting Business Licenses by individuals or businesses covered by the Tustin Municipal Code. After initiation of this new process, which included letters sent by MAS to individuals or businesses identified via State or local information as listing the City of Tustin as their business location, the City began to receive payments from new businesses. In addition, the City received questions, inquiries, and complaints about the request by the City of these businesses to obtain licenses. Recommendation: 1. Authorize a penalty /business registration amnesty program for businesses that are contacted by either MAS or the City that do not have a business license but are doing business within the City. Unlicensed businesses will not be required to pay penalties for the Tax due if they pay the total Tax due within 30 days of the date of the first notice requesting the business become compliant with the City's ordinance. AND, 2. Relative to this program, authorize the refund of all penalties collected under this program. This would not include licensed business in delinquent status. p\D 3. Relative to this program, authorize the refund of business license fees collected prior to the reinstatement of the City's original 2011 amnesty program. This would not include licensed business in delinquent status. AND, City Council /Successor Agency /Housing Authority /Financing Authority October 15, 2013 Meeting Agenda Page 8 of 9 4. If Council desires a policy change, direct staff to prepare a modification to Municipal Code, Chapter 5 and bring back the proposed changes at a future City Council meeting for consideration. OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, November 5, 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 15, 2013 Meeting Agenda Page 9 of 9