HomeMy WebLinkAbout00 CC AGENDA 6.3.14CITY OF TUSTIN JOINT REGULAR JUNE 3, 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 #2346
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] — One Case
1. Consideration of Claim of Maria Teresa Dunn, Claim No. 14 -02
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)] – One Case
1. 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] – One Case
1. 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 Dr.
Gregory Franklin, Superintendent
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 #2346
INVOCATION – Furhan Zubairi, Darul Falah, Inc.
PLEDGE OF ALLEGIANCE – Councilmember Bernstein
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney David E. Kendig
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.
City Council and Successor Agency June 3, 2014
Meeting Agenda Page 2 of 10
PRESENTATIONS
• Student Government Day 2014
• Ethan Blank & Amy Coulter - Foothill High School
• Erik Rocha & Michael Sakhel - Beckman High School
• Olivia Bancroft & Allison Greenberg - Tustin High School
• Jim Carson, "Everyday Hero ", Orangewood Children's Foundation
• Nancy Herrera, Tustin High School, Disneyland Resort Scholarship Recipient
• Team Kids Empowering America's Future
• Drowning Prevention Awareness, Orange County Fire Authority
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. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL
ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT
FOR FISCAL YEAR 2014 -2015
The Tustin Landscape and Lighting District Engineer's Report was completed
and approved by the City Council at their May 6, 2014 meeting. At that meeting,
the City Council declared its intention to levy annual assessments and set a
public hearing for June 3, 2014. In order to levy the annual assessments, the
City Council is required to conduct a public hearing and, provided there is no
majority protest, adopt Resolution No. 14 -39 confirming the annual
assessments for Fiscal Year 2014 -2015.
Recommendation: That the City Council:
1. Conduct a public hearing to receive testimony on the proposed levy of
annual assessments for the Tustin Landscape and Lighting District for
Fiscal Year 2014 -2015; and
2. Adopt Resolution No. 14 -39 confirming the annual assessments for
Fiscal Year 2014 -2015.
RESOLUTION NO. 14 -39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR
THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING
EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF
THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR
2014 -2015
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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 11)
2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY
COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY HELD ON MAY 20, 2014
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 May 20, 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 $621,636.26 and Demands
in the amount of $1,092,384.50.
4. REVIEW OF CITY'S CONFLICT OF INTEREST CODE
The Political Reform Act requires that no later than July 1 of each even -
numbered year, the City Council direct a review of the City's Conflict of Interest
Code.
Recommendation: That the City Council direct the City Manager, or designee, to
have the City's Conflict of Interest Code reviewed, file a statement of review
with the City Council no later than October 1, 2014 and revise the Conflict of
Interest Code based upon such review, if necessary.
5. NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTION
Adoption of the proposed resolutions will call the election and consolidate
election services with the County of Orange.
Recommendation: That the City Council:
1. Adopt Resolution No. 14 -37, calling of the holding of a General Municipal
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Election to be held on Tuesday, November 4, 2014, for the election of
certain officers as required by the provisions of the laws of the State of
California relating to general law cities; and
2. Adopt Resolution No. 14 -38, requesting the Board of Supervisors of the
County of Orange to consolidate a General Municipal Election to be held
on November 4, 2014 with the Statewide General Election to be held on
the date pursuant to section 10403 of the Elections Code.
RESOLUTION NO. 14 -37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS
OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL
LAW CITIES
RESOLUTION NO. 14 -38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 4, 2014, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION
10403 OF THE ELECTIONS CODE
CANCELLATION OF AUGUST 19, 2014 CITY COUNCIL MEETING
The regularly scheduled City Council meeting of August 19, 2014 is being
recommended for cancellation since there will not be a quorum of the City
Council.
Recommendation: Direct the City Clerk to post a Notice of Cancellation for the
regularly scheduled Council meeting of August 19, 2014. The City Council
hereby waives notice of said meeting as required by Government Code §54954.
7. ADOPT RESOLUTION NO. 14 -29 TO ACCEPT IMPROVEMENTS FOR THE
TUSTIN RANCH ROAD, VALENCIA AVENUE AND PARK AVENUE
EXTENSION, AND VICTORY ROAD PHASE 2 ROADWAY IMPROVEMENTS
CONSTRUCTION PROJECT (CIP NOS. 70100, 70204, 70206, 70214, &
70215) AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF
COMPLETION
Construction of the Tustin Ranch Road, Valencia Avenue and Park Avenue
extension, and Victory Road (formerly Legacy Road) Phase 2 Roadway
Improvements Construction Project (CIP Nos. 70100, 70204, 70206, 70214 &
70215) has been completed to the satisfaction of the City Engineer and is now
ready for City Council acceptance.
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Recommendation: That the City Council take the following actions-
1 . Adopt Resolution No. 14 -29 accepting the construction of the Tustin
Ranch Road, Valencia Avenue and Park Avenue extension, and Victory
Road (formerly Legacy Road) Phase 2 Roadway Improvements
Construction Project (CIP Nos. 70100, 70204, 70206, 70214 & 70215);
and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the Orange County Recorder's Office.
RESOLUTION NO. 14 -29
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 RANCH ROAD, VALENCIA AVENUE AND PARK AVENUE
EXTENSION, AND VICTORY ROAD PHASE 2 ROADWAY IMPROVEMENTS
CONSTRUCTION PROJECT (CIP NOS. 70100, 70204, 70206, 70214, &
70215)
8. APPROVE GRANT OF EASEMENT TO THE IRVINE RANCH WATER
DISTRICT OVER DISPOSITION PARCEL 2C IN TUSTIN LEGACY
Construction of the ongoing Barranca Channel and Barranca Parkway
Improvements Project includes installation of onsite Irvine Ranch Water District
(IRWD) sewer and recycled water pipeline facilities across Disposition Parcel
2C. It is therefore necessary for the City of Tustin to grant a non - exclusive
easement to IRWD for sewer and recycled water pipelines and access purposes
on this property.
Recommendation: That the City Council:
1. Grant a non - exclusive easement to the Irvine Ranch Water District on
Lots 34, TTTT, J, and K of TR 17404 for sewer and recycled water
pipelines and access purposes, and authorize the Mayor and City Clerk
to execute the document on Behalf of the City.
9. AWARD CONTRACT FOR THE WILLIAMS STREET STORM DRAIN
BETWEEN MCFADDEN AVENUE AND ALLIANCE AVENUE PROJECT (CIP
50037)
Staff is requesting that the City Council award a construction contract to the
lowest responsive /responsible bidder for the Williams Street Storm Drain
between McFadden Avenue and Alliance Avenue Project CIP 50037.
Recommendation: That the City Council:
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1. Appropriate $169,185 from the un- appropriated reserves of the Gas Tax
Fund-land
2. Award a construction contract to the lowest responsive /responsible
bidder, GCI Construction, Inc. in the amount of $795,328.80, for the
Williams Street Storm Drain between McFadden Avenue and Alliance
Avenue Project CIP 50037 and authorize the Mayor and the City Clerk to
execute the contract documents on behalf of the City.
10. APPROVE GRANTS OF EASEMENTS TO THE SOUTHERN CALIFORNIA
EDISON COMPANY OVER PORTIONS OF ADJACENT PARCELS ALONG
WARNER AVENUE, ARMSTRONG AVENUE, LEGACY ROAD, AND
BARRANCA PARKWAY IN TUSTIN LEGACY
Construction of the ongoing Armstrong Avenue and Warner Avenue Extensions,
Barranca Channel and Barranca Parkway Improvements, and the Legacy Villas,
LLC Project all include installation of Southern California Edison Company
(SCE) electrical lines and facilities within roadways and adjacent parcels. It is
therefore necessary for the City of Tustin to grant easements to SCE for these
electrical lines and facilities and for access purposes over these adjacent
parcels.
Recommendation: That the City Council-
1 . Grant an easement to the Southern California Edison Company over
portions of Lots 4, 6, 7, 11, and I of TR 17144 adjacent to Armstrong
Avenue as shown on the attached easement document exhibits for
electrical facilities and access purposes, and authorize the Mayor and
City Clerk to execute the document on behalf of the City;
2. Grant an easement to the Southern California Edison Company over a
portion of Lot 28 of TR 17404 adjacent to Warner Avenue as shown on
the attached easement document exhibits for electrical facilities and
access purposes, and authorize the Mayor and City Clerk to execute the
document on behalf of the City;
3. Grant an easement to the Southern California Edison Company over a
portion of Lots 31 of TR 17404 adjacent to Legacy Road as shown on the
attached easement document exhibits for electrical facilities and access
purposes, and authorize the Mayor and City Clerk to execute the
document on behalf of the City;
4. Grant an easement to the Southern California Edison Company over
portions of Lots 40 and XXXX of TR 17404 adjacent to Legacy Road as
shown on the attached easement document exhibits for electrical
facilities and access purposes, and authorize the Mayor and City Clerk to
execute the document on behalf of the City; and
5. Grant an easement to the Southern California Edison Company over a
portion of Lot J of TR 17404 adjacent to Barranca Parkway as shown on
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the attached easement document exhibits for electrical facilities and
access purposes, and authorize the Mayor and City Clerk to execute the
document on behalf of the City.
11. APPROVE COOPERATIVE AGREEMENT NO. D12 -053 WITH THE ORANGE
COUNTY FLOOD CONTROL DISTRICT FOR THE ESTABLISHMENT OF
TERMS AND CONDITIONS FOR THE RECONSTRUCTION, OPERATION,
AND MAINTENANCE OF THE BARRANCA CHANNEL FLOOD CONTROL
IMPROVEMENTS
Cooperative Agreement D02 -119 dated March 11, 2003 as amended
established terms and conditions under which certain Barranca Channel Flood
Control Improvements would be scheduled, engineered, financed, constructed,
operated, and maintained. Cooperative Agreement D12 -053 satisfies Section
5.2.2 obligations under that previously approved agreement and establishes the
terms upon which channel improvements would be accepted by the Orange
County Flood Control District (OCFCD).
Recommendation: That the City Council approve Cooperative Agreement No.
D12 -053 with the Orange County Flood Control District and authorize the City
Manager and City Clerk to execute the agreement and related documents on
behalf of the City.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Items 12 -15)
12. REQUEST FOR APPROPRIATION AND AUTHORIZATION TO EXECUTE A
CONSULTANT SERVICES AGREEMENT, DOWNTOWN COMMERCIAL
CORE PLAN
The Community Development Department is requesting appropriation of
additional funds and authorization to execute a consultant services agreement
for the Downtown Commercial Core Plan.
Recommendation: That the City Council authorize the appropriation of an
additional $100,000 from the General Fund and authorize the Community
Development Director to enter into a contract with the most qualified consultant
to prepare Tustin's Downtown Commercial Core Plan (DCCP).
13. EXCLUSIVE SALES LISTING AGREEMENT BETWEEN CBRE, INC. AND THE
CITY OF TUSTIN FOR DISPOSITION AREA 4 AT TUSTIN LEGACY
The proposed agreement is an Exclusive Listing Agreement to assist the City in
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marketing Disposition Area 4 within the Tustin Legacy to R &D and Office
Developers /Users for Build -To -Suit development of not than 50,000 square feet
of gross building area.
Recommendation: That the City Council authorize the City Manager to execute
the attached Listing Agreement including the Schedule of Sale Commissions.
14. REPEAL OF SEX OFFENDER LOITERING RESTRICTIONS
The attached ordinance amends Section 5952 and repeals Sections 5953 and
5961 of Chapter 12 of the Tustin City Code, which prohibit registered sex
offenders from loitering in any Child Safety Zone. The California Court of Appeal
recently issued two decisions holding that State law preempted similar
prohibitions in the City of Irvine and the County of Orange. However, the Tustin
Police Department may still enforce the Tustin City Code residency restrictions
and various state regulations imposed on registered sex offenders enacted to
protect children.
Recommendation: That the City Council introduce and conduct first reading of
Ordinance No. 1444 by title only, and waive further reading.
ORDINANCE NO. 1444
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AMENDING CITY CODE SECTION 5952 AND REPEALING SECTIONS 5953
AND 5961 RELATING TO SEX OFFENDER LOITERING RESTRICTIONS.
15. CITY COUNCIL CONSIDERATION OF SUPPORTING ASSEMBLY BILL 1453 -
ORANGE COUNTY VETERANS CEMETERY AND REAFFIRMING SUPPORT
FOR PROPOSITION 13
The City Council has received a request from 65th District Assemblywoman
Sharon Quirk -Silva for the Council to formally support Assembly Bill 1453 -
Orange County Veterans Cemetery and a request from the Association of
California Cities - Orange County (ACC -OC) for the Council to reaffirm support
for Proposition 13. City Council direction is requested on both matters.
Recommendation: City Council direction is requested regarding the following:
1. AB 1453
a. Direct staff to prepare a Resolution and authorize the Mayor to sign
and transmit, or
b. Direct staff to prepare a Letter of Support and authorize the Mayor to
sign and transmit, or
c. Take no action.
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2. Proposition 13
a. Direct staff to prepare a Resolution and authorize the Mayor to sign,
or
b. Direct staff to prepare a Letter of Support and authorize the Mayor to
sign, or
c. Take no action.
OTHER BUSINESS /COMMITTEE REPORTS
ADJOURNMENT — The next meeting is scheduled for Tuesday, June 17, 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.
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