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Home My WebLink About00 CC AGENDA 5.6.14CITY OF TUSTIN JOINT REGULAR MAY 6, 2014 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND SUCCESSOR AGENCY 0 300 CENTENNIAL WAY, TUSTIN 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 Dr. Allan Bernstein, Councilmember Pamela Arends -King, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2344 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)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. LIABILITY CLAIM [Govt. Code § 54956.95] — Two Cases 1. Consideration of Claim of Mari -Viki Takounakis, Claim No. 13 -25 2. Consideration of Claim of Francine Petress, Claim No. 14 -01 Please note: Written materials relating to agenda items for an open session regular meeting of the Council that are distributed to a majority of the Council members less than 72 hours prior to the meeting are available for public inspection at the following locations: In the City Clerk's Office during regular business hours and following business hours (after 5:30 p.m.) in the Council Chamber on the day of the meeting. 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — Two Cases 1. Alicia Perez; Alvaro Obregon; Velia Obregon; Mireya Garcia v. Mathew Windsor Howard; City of Tustin: Case No. 30- 2013 - 00672049- CU -PA- CJC 2. Successor Agency to the Tustin Redevelopment Agency, et al. v. Matosantos: Case No. 34- 2013 - 80001623 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Five Cases 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 Dr Gregory Franklin, Superintendent Price and Terms of Payment 2. Property 580 W. Sixth Street Address /Description Agency Boys and Girls Club City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Adaleen McHale, Chief Professional Officer Under Negotiation Price and Terms of Payment 3. Property Approximately 4 acres on APN 430 - 282 -10 and a Address /Description portion of 430 - 282 -11 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and Matt West, Principal Management Analyst Negotiating Parties South Orange County Community College District, Dr. Debra Fitzsimons, Vice Chancellor Under Negotiation Price and Terms of Payment 4. Property 430 - 371 -18, 19, 20, 21, 22, 23, 24, 25, 26, 62, 63, Address /Description 64, 65, 66, 67, 68 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Pacific Coast Investors Under Negotiation Price and Terms of Payment City Council and Successor Agency May 6, 2014 Meeting Agenda Page 2 of 10 5. 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, Principal Management Analyst 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 AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY VE[1I1l a►vi I CALL TO ORDER — Meeting #2344 INVOCATION — Father Al Baca, St. Cecelia PLEDGE OF ALLEGIANCE — Mayor Pro Tern Puckett ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS o Dr. Gregory Franklin - 2014 Superintendent of the Year o Adele Heuer— 2014 Secondary Principal of the Year o Bobby Okereke — 2014 Franklin D. Watkins Memorial Trophy o Orange County Fire Authority Wildfire Awareness Week City Council and Successor Agency May 6, 2014 Meeting Agenda Page 3 of 10 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 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. FISCAL YEAR 2014 -15 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ALLOCATION, FISCAL YEAR 2014 -15 ACTION PLAN The Community Development Department is proposing to submit to the U.S. Department of Housing and Urban Development (HUD) a Program Year (PY) 2014 -15 Action Plan, which describes the activities that the City will undertake during the program year. The Action Plan includes the program budget for disbursement of Community Development Block Grant (CDBG) funds. HUD has notified the City that CDBG funding for the Program Year 2014 -15 will be $688,674. On February 12, 2014, the Citizen Participation Committee conducted a public hearing, received public input and testimony, and considered all public service applications submitted. The Citizen Participation Committee has provided a recommendation to the City Council regarding public service funding allocations for Program Years 2014 -15 (Year 1), 2015 -16 (Year 2), 2016 -17 (Year 3). Recommendation: That the City Council adopt Resolution No. 14 -26 approving the PY 2014 -15 Action Plan and funding allocation and authorizing submission of the PY 2014 -15 Action Plan to the U.S. Department of Housing and Urban Development. RESOLUTION NO. 14 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PROGRAM YEAR 2014 -15 ACTION PLAN AND FUNDING ALLOCATION FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 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 AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON APRIL 15, 2014 City Council and Successor Agency May 6, 2014 Meeting Agenda Page 4 of 10 Recommendation: That the City Council approve the Action Minutes of the Joint Regular Meeting of the City Council and the Successor Agency to the Tustin Community Redevelopment Agency held on April 15, 2014 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 amount of $608,959.45 and Demands in the amount of $3,364,734.79. 4. RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND CORPORATE LIQUIDATION SERVICES FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE Approval is requested for a Three (3) Year Rental Agreement between the City and Corporate Liquidation Services (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 Corporate Liquidation Services 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(8), are required. 5. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. 6. AWARD CONTRACT FOR THE FY 2013 -14 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT CIP 70001 Staff is requesting that the City Council award a construction contract to the lowest responsive /responsible bidder for the Fiscal Year (FY) 2013 -14 Roadway Rehabilitation and Sidewalk Repair Project CIP 70001. City Council and Successor Agency May 6, 2014 Meeting Agenda Page 5 of 10 Recommendation: That the City Council award a construction contract to the lowest responsive /responsible bidder, Hardy & Harper, Inc. in the amount of $1,469,000.00, for the FY 2013 -14 Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP 70001 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 7. ADOPT RESOLUTION NO. 14 -30 TO ACCEPT IMPROVEMENTS FOR THE ARMSTRONG AVENUE, WARNER AVENUE AND DISPOSITION AREA 213, 2C & 8 GRADING AND STORM DRAIN CONSTRUCTION PROJECT - CIP NOS. 70201, 70202 & 70222 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Armstrong Avenue, Warner Avenue and Disposition Area 213, 2C & 8 Grading and Storm Drain Construction Project - CIP NOS. 70201, 70202 & 70222 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. 14 -30 accepting the construction of the Armstrong Avenue, Warner Avenue and Disposition Area 213, 2C & 8 Grading and Storm Drain Construction Project - CIP NOS. 70201, 70202 & 70222; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 14 -30 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 ARMSTRONG AVENUE, WARNER AVENUE AND DISPOSITION AREA 213, 2C & 8 GRADING AND STORM DRAIN CONSTRUCTION PROJECT - CIP NOS. 70201, 70202 & 70222 8. ACCEPT IMPROVEMENTS FOR THE TUSTIN LEGACY FIRE STATION - RELOCATION OF STATION NO. 37 CIP NO. 10048 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Tustin Legacy Fire Station No. 37 CIP No. 10048 has been completed to the satisfaction of the City Engineer and the project is now ready for City Council acceptance. Recommendation: That the City Council: 1. Adopt Resolution No. 14 -33 accepting the construction of the Tustin City Council and Successor Agency May 6, 2014 Meeting Agenda Page 6 of 10 Legacy Fire Station No. 37 CIP No. 10048; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 14 -33 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 TUSTIN LEGACY FIRE STATION - RELOCATION OF STATION NO. 37 CIP NO. 10048 9. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2014 -2015 ASSESSMENTS At the February 18, 2014 meeting, the City Council ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report has now been completed and is ready for City Council approval. Additionally, it is requested that the City Council declare its intention to levy annual assessments and set a public hearing for June 3, 2014. Recommendation: That the City Council 1. Adopt Resolution No. 14 -31 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2014 -2015; and 2. Adopt Resolution No. 14 -32 declaring its intention to levy annual assessments for Fiscal Year 2014 -2015 and setting a public hearing for June 3, 2014. RESOLUTION NO. 14 -31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2014 -2015 RESOLUTION NO. 14 -32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2014 -2015 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO City Council and Successor Agency May 6, 2014 Meeting Agenda Page 7 of 10 THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 10 and 13) 10. REQUEST FOR TRAVEL APPROVAL Tustin is a member of the Association of California Cities - Orange County (ACC - OC), a legislative and policy advocacy group made up of other Orange County cities and local jurisdictions with a common goal of advocating on behalf of local jurisdictions' interests relative to State and Federal interests. ACC -OC, the Orange County Business Council (OCBC) along with the Orange County Transportation Authority will be traveling to Washington, D.C. with a delegation of members from May 19 to May 21, 2014. Mayor Al Murray has requested to attend the aforementioned conference with the other member agencies. Resolution 09 -18 sets forth expense and travel reimbursement guidelines whereas out -of- county travel requires City Council approval. Recommendation: City Council discretion 11. ADOPT RESOLUTION NO. 14 -34, A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN WITH RESPECT TO ESTABLISHMENT OF PROPOSED CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014 -1 (TUSTIN LEGACY /STANDARD PACIFIC) ADOPT RESOLUTION NO. 14 -35, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DECLARING NECESSITY FOR PROPOSED CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014 -1 (TUSTIN LEGACY /STANDARD PACIFIC) TO INCUR BONDED INDEBTEDNESS The City's Development Disposition Agreement dated March 4, 2014 (the "DDA ") with Standard Pacific Corporation ( "Standard Pacific ") sets forth the terms and conditions whereby the City intends to convey the property located at the former Marine Corp Air Station know as the Legacy Project (Legacy) to Standard Pacific who will develop the property into 375 single family homes, a focal park, and other neighborhood amenities. The DDA provides for the establishment of a community facilities district (CFD) to provide for the financing of certain facilities and services. City Council and Successor Agency May 6, 2014 Meeting Agenda Page 8 of 10 Approval of the recommended action is the first step to establish the CFD for the property, authorize special taxes and incur bonded indebtedness not to exceed $29 million. The formation of the CFD will occur after the public hearing, scheduled for June 17, 2014. At that hearing, the Council will be presented with information regarding the CFD, the special taxes, public facilities and services. Recommendation: That the City Council adopt- 1 . Resolution No. 14 -34, a resolution of intention of the City Council of the City of Tustin, California, to establish the City of Tustin Community Facilities District No. 2014 -1 (Tustin Legacy /Standard Pacific), to authorize the levy of a special tax to pay the cost of acquiring or constructing certain public facilities, provide certain services and pay for certain incidental expenses and to pay debt service on bonded indebtedness. 2. Resolution No. 14 -35, a resolution of the City Council of the City of Tustin, California, of intention to incur bonded indebtedness within the City of Tustin Community Facilities District No. 2014 -1 (Tustin Legacy /Standard Pacific) RESOLUTION NO. 14 -34 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TO ESTABLISH THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014 -1 (TUSTIN LEGACY /STANDARD PACIFIC), TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING CERTAIN PUBLIC FACILITIES, PROVIDE CERTAIN SERVICES AND PAY FOR CERTAIN INCIDENTAL EXPENSES AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS RESOLUTION NO. 14 -35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OF INTENTION TO INCUR BONDED INDEBTEDNESS WITHIN THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014 -1 (TUSTIN LEGACY /STANDARD PACIFIC) 12. ORDINANCE NO. 1442, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4, CHAPTER 3, PART 5 OF THE TUSTIN CITY CODE REGARDING WASTE DISPOSAL AND DIVERSION REQUIREMENTS FOR CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CITY Ordinance No. 1442 amends Article 4, Chapter 3, Part 5 of the Tustin City Code (TCC) to be consistent with the California Green Building Standards Code requirements pertaining to Construction and Demolition (C &D) recycling. City Council and Successor Agency May 6, 2014 Meeting Agenda Page 9 of 10 Recommendation: That the City Council introduce and have the first reading by title only of Ordinance No. 1442 and set the second reading at the Council's next scheduled meeting. ORDINANCE NO. 1442 AN ORDINANCE OF THE CITY COUNCIL OF AMENDING ARTICLE 4, CHAPTER 3, PART 5 CODE REGARDING WASTE DISPOSAL REQUIREMENTS FOR CONSTRUCTION, RENOVATION PROJECTS WITHIN THE CITY 13. MODFICATIONS TO THE EXCHANGE AGREEMENT BY AND BETWEEN THE SECRETARY OF THE ARMY AND THE CITY OF TUSTIN On January 21, 2014 the Tustin City Council, by way of Resolution 14 -05, approved and authorized the City Manager to execute the Exchange Agreement by and between the United States, acting by and through the Secretary of the Army, represented by the U.S. Army Corps of Engineers at the Sacramento District, (hereafter, the "Secretary of the Army ") and the City of Tustin to effectuate a land exchange of the existing Tustin Army Reserve Center for another similar parcel at Tustin Legacy. Although previously approved by the Secretary of the Army's negotiators, the City subsequently received requested modifications from the Secretary of the Army's negotiators pursuant to directions from their superiors. The parties have negotiated these modifications and they are reflected in the attached Exchange Agreement. Recommendation: That the City Council: Adopt Resolution No. 14 -28, a resolution of the City Council of the City of Tustin, California, approving an Exchange Agreement By and Between the Secretary of the Army and the City of Tustin for the exchange of land between Planning Areas 1 and 18 within the boundaries of the MCAS Tustin Specific Plan and repealing Resolution No 14 -05. RESOLUTION NO. 14 -28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN EXCHANGE AGREEMENT BY AND BETWEEN THE SECRETARY OF THE ARMY AND THE CITY OF TUSTIN FOR THE EXCHANGE OF LAND BETWEEN PLANNING AREAS 1 AND 18 WITHIN THE BOUNDARIES OF THE MCAS TUSTIN SPECIFIC PLAN AND REPEALING RESOLUTION NO. 14 -05 OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, May 20, 2014 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council and Successor Agency May 6, 2014 Meeting Agenda Page 10 of 10