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HomeMy WebLinkAboutCC MINUTES 06-17-14MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 CENTENNIAL WAY, TUSTIN, CA CLOSED SESSION MEETING JUNE 17, 2014 5:30 P.M. CALL TO ORDER — Meeting #2347 at 5:34 p.m. Old Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Dr. Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney PUBLIC INPUT — None CLOSED SESSION UPDATE — City Attorney David E. Kendig - The Council will not discuss Item No. 1 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. PUBLIC EMPLOYMENT: [Government Code § 54957] — One Case 1. Performance evaluation of the City Attorney City Council and Successor Agency June 17, 2014 Minutes Page 1 of 19 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government 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] — Three Cases 1. 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 Tustin Legacy Disposition Package 1C to include Address /Description Lots 1, X and Y of Tract Map 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Regency Centers, John Meehigan Under Negotiation Price and Terms of payment 3. 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 RECESSED — 5:35 p.m. RECONVENED — 7:05 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. City Council and Successor Agency June 17, 2014 Minutes Page 2 of 19 CALL TO ORDER — Meeting #2347 at 7:05 p.m. INVOCATION — Father Al Baca PLEDGE OF ALLEGIANCE — Mayor Murray ROLL CALL — City Clerk Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck' Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Dr. Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig — The Council, sitting as the Board of the Successor Agency to the Tustin Redevelopment Agency, unanimously directed that an appeal be filed in the litigation against the Department of Finance: Case No. 34- 2013 - 80001623. Other than that, no reportable action. ORAL COMMUNICATION /PUBLIC INPUT • Jim Shnell • Girl Scout Troop 893 from Arroyo Elementary • John Jaeger • Heidi Ortiz • June Hammerle PRESENTATIONS Mayor Murray presented a Proclamation to Steve Shirk, General Manager DCH Tustin Acura in recognition of Student Safety Month Mayor Murray presented a Certificate of Recognition to Gabriel Jeft Rivas, grand prize winner of the 2014 Water Awareness Poster & Slogan Contest PUBLIC HEARING ITEM NO. 1 City Council and Successor Agency June 17, 2014 Minutes Page 3 of 19 1. DEVELOPMENT AGREEMENT (DA) 2014 -002 (AMENDMENT #1 TO DA 2013 -002) AND VALENCIA PARCEL AGREEMENT BETWEEN THE CITY AND SOCCCD PowerPoint presentation by Matt West This is a proposed agreement between the City of Tustin (City) and the South Orange County Community College District ( SOCCCD) called the Agreement Concerning Valencia Parcel between the City and SOCCCD (the "Valencia Agreement"). The Valencia Agreement delineates the terms and processes associated with City's acquisition of two properties comprised of 5.1 acres of property within Planning Area 1 of Tustin Legacy. On April 23, 2013 and May 13, 2013, the Planning Commission and the City Council respectively approved various entitlement applications including DA 2013 -002 to facilitate a property exchange between SOCCCD and the City affecting 89 acres of property at the former Marine Corps Air Station (MCAS) Tustin (the "Exchange "). The objectives of the Exchange were to: rationalize property boundaries to create larger, contiguous land areas for the City and SOCCCD; provide for a broader range of land uses in support of the objectives of the MCAS Tustin Specific Plan; and enhance circulation in the area by improving east -west connectivity between the existing Red Hill and Armstrong Avenues. Pursuant to the Exchange, the City and SOCCCD agreed to negotiate in the future the ultimate disposition of a 4.53 -acre parcel (Site A: Planning Area 1 -E) to potentially accommodate a future park site and since that time, the parties also negotiated the City's acquisition of a remnant strip of land (Site B: portion of Planning Area 1 -H) to be used for entry monumentation and landscaping for Tustin Legacy and /or other permitted uses under the MCAS Tustin Specific Plan. The parties negotiated the Valencia Agreement outlining the terms of Site A's disposition and the City's acquisition of Site B and on May 27, 2014, the Planning Commission adopted Resolution No.4257 determining that the proposed disposition and acquisition is in conformance with the approved General Plan, and adopted Resolution No. 4258 recommending that the City Council approve DA 2014 -002, amendment #1 to the approved DA 2013 -002 to effectuate the Valencia Parcel Agreement. Public hearing opened at 7:39 p.m. Public hearing closed at 7:39 p.m. with no public comments It was moved by Councilmember Bernstein and seconded by Mayor Pro Tern Puckett to: City Council and Successor Agency June 17, 2014 Minutes Page 4 of 19 1. Introduce and have a first reading by title only of Ordinance No. 1443, approving DA 2014 -002, an amendment #1 to the approved DA 2013- 002 to effectuate the disposition of approximately 5 acres of land comprised of two parcels (Sites A and B) from SOCCCD to the City; 2. Adopt Resolution No. 14 -48, approving the Agreement Concerning Valencia Parcel between the City of Tustin and SOCCCD for the disposition and acquisition of certain property within Planning Area 1 of MICAS Tustin Specific Plan; and, 3. Approve an appropriation in an amount not to exceed $600,000 from the unappropriated reserves of the Land Held for Resale Fund (Fund 189) for Fiscal Year 2013 -2014 to fund the City's financial obligations pursuant to the Agreement Concerning Valencia Parcel between the City of Tustin and SOCCCD. Motion carried: 5 -0 ORDINANCE NO. 1443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING AMENDMENT #1 TO DEVELOPMENT AGREEMENT 2013 -002 (DA 2014 -002) BETWEEN THE CITY OF TUSTIN AND THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT ( SOCCCD) TO EFFECTUATE THE DISPOSITION OF APPROXIMATELY FIVE (5) ACRES OF LAND COMPRISED OF TWO (2) PARCELS (SITES A AND B) FROM SOCCCD TO THE CITY OF TUSTIN WITHIN THE BOUNDARIES OF THE MARINE CORPS AIR STATION (MCAS) TUSTIN SPECIFIC PLAN. MORE SPECIFICALLY, SITE A IS LOCATED NORTH OF VALENCIA AVENUE, WEST OF SEVERYNS ROAD, EAST OF LANSDOWNE DRIVE. SITE B IS LOCATED NORTH OF THE VILLAGE OF HOPE, SOUTH OF VALENCIA AVENUE, EAST OF RED HILL AVENUE AND WEST OF HOPE DRIVE RESOLUTION NO. 14 -48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE AGREEMENT CONCERNING VALENCIA PARCEL BETWEEN THE CITY OF TUSTIN AND SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT FOR THE ACQUISITION OF CERTAIN PROPERTY WITHIN PLANNING AREA 1 OF MCAS TUSTIN SPECIFIC PLAN 2. CONDUCT A PUBLIC HEARING AND HOLD A SPECIAL ELECTION FOR CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014 -1 (TUSTIN LEGACY /STANDARD PACIFIC) AND ADOPT VARIOUS RESOLUTIONS AND ORDINANCE 1445 ESTABLISHING THE DISTRICT PowerPoint presentation by Pam Arends -King City Council and Successor Agency June 17, 2014 Minutes Page 5 of 19 The City's Development Disposition Agreement dated as of 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 in the Legacy Project to Standard Pacific which 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 to provide for financing of certain facilities and services. Approval of the recommended action is the last step to establish the CFD for the property, authorize special taxes and incur a bonded indebtedness. The public hearing opened at 7:47 p.m. The public hearing closed at 7:48 p.m. with no public comments It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen to: 1. Receive and file the Community Facilities District Report prepared by Albert A. Webb & Associates 2. Resolution No. 14 -40, a resolution of the City Council of the City of Tustin establishing Community Facilities District No. 2014 -1 (Tustin Legacy /Standard Pacific) and authorizing the levy of special taxes, waiving certain election procedures and calling an election. 3. Resolution No. 14 -41, a resolution of the City Council of the City of Tustin, acting as the legislative body of the City of Tustin Community Facilities District No. 2014 -1 (Tustin Legacy /Standard pacific), determining the necessity to incur bonded indebtedness within the district and calling an election. It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen to amend the motion to include adopt before Items 2 and 3 below: 1. Receive and file the Community Facilities District Report prepared by Albert A. Webb & Associates 2. Adopt Resolution No. 14 -40, a resolution of the City Council of the City of Tustin establishing Community Facilities District No. 2014 -1 (Tustin Legacy /Standard Pacific) and authorizing the levy of special taxes, waiving certain election procedures and calling an election. 3. Adopt Resolution No. 14 -41, a resolution of the City Council of the City of Tustin, acting as the legislative body of the City of Tustin Community Facilities District No. 2014 -1 (Tustin Legacy /Standard pacific), determining the necessity to incur bonded indebtedness within the district and calling an election. Motion carried: 5 -0 City Council and Successor Agency June 17, 2014 Minutes Page 6 of 19 The City, as the sole property owner within CFD No. 2014 -1, has consented to holding the election this evening. Mayor Murray directed City Clerk Services Supervisor Erica Rabe to conduct the election and announce the results. Following the election, City Clerk Services Supervisor Erica Rabe announced: All ballots have been cast in connection with the election regarding the proposed formation of City of Tustin Community Facilities District No. 2014 -1 (Tustin Legacy /Standard Pacific), and the election has now been closed. The results of said election were unanimous, as follows: 79 votes in favor Propositions A, B, and C. Following the results of the votes on the propositions, it was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen to adopt Resolution No. 14 -42, of the City Council of the City of Tustin, acting in its capacity as the legislative body of the City of Tustin Community Facilities District No. 2014 -1 (Tustin Legacy /Standard Pacific) certifying the results of the June 17, 2014 Special Tax and Bond Elections Motion carried: 5 -0 City Clerk Services Supervisor read into record the title of Ordinance No. 1445, Ordinance of the City Council of the City of Tustin, acting in its capacity as the legislative body of the City of Tustin Community Facilities District No. 2014 -1 (Tustin Legacy /Standard Pacific), authorizing the levy of a special tax within the district It was moved by Mayor Murray and seconded by Councilmember Bernstein to waive further reading of Ordinance No. 1445 and adopt by title only. Motion carried: 5 -0 RESOLUTION NO. 14 -40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ESTABLISHING THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 20141 ( TUSTIN LEGACY /STANDARD PACIFIC), AUTHORIZING THE LEVY OF SPECIAL TAXES, WAIVING CERTAIN ELECTION PROCEDURES AND CALLING AN ELECTION THEREIN RESOLUTION NO. 14 -41 City Council and Successor Agency June 17, 2014 Minutes Page 7 of 19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014 -1 (TUSTIN LEGACY /STANDARD PACIFIC), DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE DISTRICT AND CALLING AN ELECTION THEREIN RESOLUTION NO. 14 -42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014 -1 (TUSTIN LEGACY /STANDARD PACIFIC), CERTIFYING THE RESULTS OF THE JUNE 17, 2014 SPECIAL TAX AND BOND ELECTIONS ORDINANCE NO. 1445 ORDINANCE OF THE CITY COUNCIL OF THE ITS CAPACITY AS THE LEGISLATIVE BOD' COMMUNITY FACILITIES DISTRICT LEGACY /STANDARD PACIFIC), LEVYING A DISTRICT CONSENT CALENDAR ITEMS 3 -15 CITY OF TUSTIN, ACTING IN OF THE CITY OF TUSTIN NO. 2014 -1 (TUSTIN SPECIAL TAX WITHIN THE It was moved by Mayor Murray and seconded by Councilmember Bernstein to pull Items 9 and 11 and approve the balance as recommended by staff. Motion carried: 5 -0 3. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON JUNE 3, 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 June 3, 2014. 4. 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 $618,267.81 and Demands in the amount of $2,274,078.25. 5. ADOPT RESOLUTION NO. 14 -43 TO APPROVE THE SUBMITTAL OF A City Council and Successor Agency June 17, 2014 Minutes Page 8 of 19 0 FUNCTIONAL CLASSIFICATION CHANGE FOR LOCAL STREETS AND ROADS TO STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION City Council adoption of Resolution No. 14 -43 will approve the submittal of the City's streets and roads for a Functional Classification Change request to State of California, Department of Transportation (Caltrans) as required by the Federal Highway Administration (FHA) on segments of the National Highway System. Recommendation: That the City Council adopt Resolution No. 14 -43 approving the submittal of a functional classification change request for local streets and roads addition to State of California, Department of Transportation (Caltrans) in order to be eligible for future State and Federal road improvement and maintenance funding. RESOLUTION NO. 14 -43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE SUBMITTAL OF A FUNCTIONAL CLASSIFICATION CHANGE FOR A LOCAL STREET AND ROAD TO STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION 6. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2014 -2015 In order to maintain eligibility for funding under the Orange County Measure M2 Program, the City is required to annually submit a compliance package to the Orange County Transportation Authority (OCTA). Recommendation: That the City Council take the following actions: 1. Adopt the attached draft Measure M2 Seven -Year Capital Improvement Program (Fiscal Year 2014 -2015 through Fiscal Year 2020 - 2021); and 2. Authorize the Director of Public Works /City Engineer to submit the City of Tustin's Measure M2 eligibility package to the Orange County Transportation Authority. 7. AMERICAN RED CROSS SHELTER AGREEMENT TO PERMIT THE USE OF CITY FACILITIES FOR EMERGENCY SHELTERS Staff and the American Red Cross (Red Cross) have identified City facilities which could be utilized as emergency shelters. It is requested that the City Council approve an Agreement with the Red Cross designating the selected facilities for use by the Red Cross during an emergency. City Council and Successor Agency June 17, 2014 Minutes Page 9 of 19 0 10 Recommendation: Approve the Emergency Shelter Agreement with the American Red Cross and authorize the Mayor to execute the Agreement. AGREEMENT WITH ASHBRITT, INC. TO PROVIDE DISASTER- RELATED DEBRIS MANAGEMENT AND RECOVERY SERVICES Ashbritt, Inc. (Ashbritt) is a national company that provides support services to public agencies during and after disasters. The County of Orange (County) has contracted with Ashbritt and is making the contract available to local agencies. City Council approval is requested for a stand -alone disaster - related debris management and recovery services agreement with Ashbritt. Recommendation: Approve the Agreement with Ashbritt and authorize the City Manager to: 1. Execute the Agreement with Ashbritt; and 2. Execute the County of Orange Indemnification Supplement Agreement. ADOPT RESOLUTION 14 -47, REAFFIRMING SUPPORT FOR PROPOSITION 13 Adoption of Resolution 14 -47, reaffirming support for and recognizing the positive impacts of Proposition 13. It was moved by Councilmember Bernstein and seconded by Mayor Murray to adopt Resolution 14 -47, reaffirming support for Proposition 13 with the following amended language "Prior to the adoption of Proposition 13, California's inflation had sent property tax bills in California soaring so high that many families had to sell their homes or could not afford to pay their property taxes" Motion carried: 5 -0 AMENDMENT NO. 1 TO TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT FOR DISPOSITION PARCELS 1 B & 6A First Amendment to the Tustin Legacy Disposition and Development Agreement (DDA) for Disposition Parcels 1B & 6A between the City and Standard Pacific Corporation (Developer). The Amendment would ratify the action taken by the City Manager with respect to the Soil License Agreement and the Site License Agreement. Recommendation: That the City Council take the following actions: Approve the attached Amendment No. 1 to Tustin Legacy Disposition and Development Agreement for Disposition Parcels 1 B & 6A; and City Council and Successor Agency June 17, 2014 Minutes Page 10 of 19 2. Authorize the City Manager to execute this First Amendment. 11. APPROVE THE TUSTIN LEGACY PARK MASTER PLAN (CIP. 20043) PowerPoint presentation by Dave Wilson The Tustin Legacy Park Master Plan proposes utilizing 31.5 acres located on Valencia Ave., between Lansdowne Road and Severyns Road. Tustin Legacy Park is envisioned as a community park offering a variety of active sports, recreation, and passive opportunities consistent with the Specific Plan for the development of Tustin Legacy, the former MCAS- Tustin. It was moved by Councilmember Nielsen and seconded by Mayor Pro Tern Puckett to adopt the Tustin Legacy Park Master Plan and direct City staff to begin preparing the necessary documents and approvals that are necessary to design, develop and construct Tustin Legacy Park and examine the possibilty of including a dog park. Motion carried: 5 -0 12. 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(B), are required. 13. THIRD AMENDMENT TO THE TUSTIN AUTO CENTER MERCHANTS' ASSOCIATION LEASE Approval is requested to enter into a Third Amendment to the Lease ( "Third Amendment ") with the Tustin Auto Center Merchants' Association ( "Association "), expanding the available parking area and extending their existing lease of City of Tustin real property adjacent to the Tustin Auto Center. Recommendation: That the City Council take the following actions: 1. Deem entering into the Third Amendment with the Association is an appropriate action as outlined in Tustin City Code Section 7960(B); and City Council and Successor Agency June 17, 2014 Minutes Page 11 of 19 2. Approve the attached Third Amendment with the Association, expanding the available parking area and extending the existing Lease with the City for real property adjacent to the Tustin Auto Center; and 3. Authorize the City Manager to execute the Third Amendment. 14. BOND PROCEEDS EXPENDITURE AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY The City of Tustin ( "City ") and the Successor Agency to the Tustin Community Redevelopment Agency ( "Successor Agency ") seek authorization to enter into and approval of a Bond Proceeds Expenditure Agreement under Section 34191.4(c) of the Dissolution Law. Recommendation: 1. That the City Council take the following actions: a. Adopt the Bond Spending Plan for using Excess Bond Proceeds from the MCAS Tustin Tax Allocation Bonds, Series 2010; and b. Approve and authorize the City to enter into a Bond Proceeds Expenditure Agreement with the Successor Agency. 2. It is recommended the Successor Agency approve and authorize the Successor Agency to enter into a Bond Proceeds Expenditure Agreement with the City. 3. As to both the City's and Successor Agency's action, if approved, should any subsequent modifications be determined necessary, the City Manager /Executive Director and /or Finance Director, or their authorized designee, shall be authorized to make augmentation, modification, additions, or revisions as may be necessary provided that any changes by the Successor Agency are subject to Oversight Board consideration and approval. 15. NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTION CANDIDATE STATEMENT REGULATIONS Adoption of the proposed resolution will set the Candidate Statement regulations for the November 4, 2014 General Municipal Election. Recommendation: 1. Adopt Resolution 14 -44 establishing regulations for Candidate Statements to be submitted to the electorate in the November 2014 General Municipal Election. City Council and Successor Agency June 17, 2014 Minutes Page 12 of 19 RESOLUTION NO. 14 -44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR CITY COUNCIL PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 REGULAR BUSINESS ITEMS 16 -20 16. CONSULTANT SERVICES AGREEMENT WITH PAGE AND TURNBULL, INC. TO PERFORM BUILDING RE -USE AND STRUCTURAL ASSESSMENTS FOR HANGAR 2 (BUILDING 29) AT THE FORMER MARINE CORPS AIR STATION (MCAS) TUSTIN PowerPoint presentation by Matt West City Council approval is requested of a Consultant Services Agreement with Page and Turnbull, Inc. to provide professional architecture and engineering services to perform building re -use assessments for the Hangar 2 (Building 29) located at the former Marine Corps Air Station (MCAS) Tustin. It was moved by Councilmember Bernstein and seconded by Mayor Murray that the City Council approve the following: 1. Authorize the City Manager to execute a Consultant Services Agreement with Page and Turnbull, Inc. provide professional architecture and engineering services to perform building re -use assessments for the Hangar 2 (Building 29) located at the former Marine Corps Air Station (MCAS) Tustin, subject to any non - substantive modifications as may be deemed necessary by the City Attorney prior to execution of the Agreements. 2. Approve an appropriation in an amount not to exceed $368,968 from the unappropriated reserves of the Land Held for Resale Fund (Fund 189) for Fiscal Year 2013 -2014 to fund Phase 1 of the Scope of Services in the Consultant Services Agreement with Page and Turnbull, Inc. Motion carried: 5 -0 17. RESOLUTION NO. 14 -45, TUSTIN HOUSING AUTHORITY RESOLUTION NO. 14 -01, APPROPRIATING FUNDS FOR VARIOUS CITY AND HOUSING AUTHORITY BUDGETS FOR THE FISCAL YEAR 2014/2015, FISCAL AND BUDGET POLICY, AND RESOLUTION NO. 14 -49 SALARY SCHEDULE PowerPoint presentation by Sean Tran City Council and Successor Agency June 17, 2014 Minutes Page 13 of 19 in The City Council /Commissioners are requested to approve the attached Resolutions adopting the budgets for the City, Tustin Housing Authority, and the Water Enterprise for Fiscal Year 2014/2015. It was moved by Mayor'Pro Tern Puckett and seconded by Councilmember Nielsen to: Adopt Resolution No. 14 -45, adopting the City budget and appropriating from the anticipated revenues of the City for fiscal year 2014/2015, Governmental Funds, $77,387,100; Special Revenue Funds, $30,525,416; and the Water Enterprise Funds, $28,523,690; 2. Adopt Tustin Housing Authority Resolution No. 14 -01, adopting the Housing Authority budget and appropriating from the anticipated revenues of the Authority for fiscal year 2014/2015, $366,400; 3. Adopt the Fiscal and Budget policy; and 4. Adopt Resolution No. 14 -49, the City's salary schedule to be in compliance with the California Public Employees' Retirement System (CALIPERS) regulation. Motion carried: 5 -0 RESOLUTION NO. 14 -45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 2014- 2015 TUSTIN HOUSING AUTHORITY RESOLUTION NO. 14 -01 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE HOUSING AUTHORITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE AUTHORITY FOR THE FISCAL YEAR 2014 -2015 RESOLUTION NO. 14 -49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN APPROPRIATION LIMIT FOR FISCAL YEAR 2014/2015 Article XIII B of the State Constitution requires each City to annually adopt a limit on appropriations for all governmental funds. The following recommendation and attached worksheets are based on the Proposed Budget City Council and Successor Agency June 17, 2014 Minutes Page 14 of 19 as presented to the City Council on June 3, 2014. It was moved by Councilmember Nielsen and seconded by Councilmember Gomez to: Select the change in the California per Capita Personal Income as the price factor for adjusting the Fiscal Year 2014/2015 appropriations limit. 2. Adopt Resolution No. 14 -46 setting the appropriation limit for Fiscal Year 2014/2015 at $73,045,518. Motion carried: 5 -0 RESOLUTION NO. 14 -46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2014 -2015 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE 19. SUCCESSOR AGENCY RESOLUTION NO. 14 -05 APPROPRIATING FUNDS FOR THE SUCCESSOR AGENCY FOR JULY THROUGH DECEMBER OF FISCAL YEAR 2014/2015 The City Council acting as the Successor Agency to the Tustin Community Redevelopment Agency is requested to approve the attached resolution adopting the budget for the Successor Agency for July through December of Fiscal Year 2014/2015. It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen to: 1. Adopt Successor Agency Resolution No. 14-05, adopting the Successor Agency budget and appropriating $5,089,796 from the anticipated revenues of the Agency for July through December of fiscal year 2014/2015. Motion carried: 5 -0 SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY RESOLUTION NO. 14 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACTING AS SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, ADOPTING THE BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE SUCCESSOR AGENCY FOR THE FISCAL YEAR 2014 -2015 City Council and Successor Agency June 17, 2014 Minutes Page 15 of 19 20. SECOND READING AND ADOPTION OF ORDINANCE NO. 1444 Ordinance No. 1444 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. Mayor Murray read the title of Ordinance No. 1444 for the seconding reading and roll call vote resulted in the following: Motion carried: 3 -2 (Mayor Murray and Councilmember Nielsen dissenting) 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 OTHER BUSINESS/COMMITTEE REPORTS CITY MANAGER JEFFREY C. PARKER • Thanked the Finance Department and various departments for their hard work in preparing the budget • Looking forward to implementing the identified goals over the next year • Thanked the Mayor and Council members for comments l.• . _.u_.u- __.:- __.:... Thanked staff for presentations and expeditious delivery of information Attended the State of the City address in the new Community Center at the Tustin Market Place on June 5. o Thanked Stephanie Najera Attended the Water Advisory Committee of Orange County meeting on June 6 • Governor signed the Emergency Drought Relief Plan • Provided an update on the Bay Delta Plan • Encouraged all to review the following proposed legislation: AB1331, AB2686 and SB848 • Attended the Lions Club awards banquet on June 12; congratulated Chris Barr • Attended a Father's Day luncheon at the Senior Center on June 13 • Toured the new computer lab • Wished all fathers a Happy Father's Day City Council and Successor Agency June 17, 2014 Minutes Page 16 of 19 n • Attended the Disability Luau Dance at the Community Center On June 13; thanked Dave Wilson • Attended the Police Department Open House on June 14; thanked the Police Department • Attended the Republican Party Flag Day Dinner on June 14; thanked Jerry Amante and Doug Davert for the invitation Councilmember Gomez • Attended the American Association of University Women installation dinner at the Citrus Cafe on June 4 • Attended the State of the City event at the new Tustin Community Center on June 5 • Attended a retirement parry for Helen McCabe, a special education teacher at Currie Middle School on June 11 • Attended Tustin High parent meeting; organized to provide feedback to the Tustin Unified School District superintendent and senior leaders regarding open principalship at Tustin High School • Attended the Senior Citizen's Advisory Council at the Mission Viejo Senior Center on June 13; presentation by the National Alliance of Mental Illness • Attended the Father's Day lunch at the Senior Center • Toured the bocce ball courts • Computer lab received new computers • Judged the Battle of the Bands at Tustin High School; winner will play at Tustin Tiller Days • Attended the Disability Luau Dance at the Community Center On June 13 • Congratulated Chief Celano and the Police Department for a successful Open House • Congratulated Tustin's high school seniors who will be graduating this week • Acknowledged the passing of Barbara Kaprielian who battled cancer for fourteen years; expressed condolences to her husband Doug and children Allison and James Councilmember Nielsen • Expressed condolences to the Kaprielian family • Provided an update on the Orange County Sanitation District • Currently, recycling 70 million gallons a day and planning to increase to 180 million gallons a day • Attended the Operations Committee meeting on June 4 o Approved contracts for Santa Ana Trunk Sewer Rehabilitation • Approved repairs to the Dewatering Building for Plant 2 • Approved travel for district employees to Europe • Attended the Southern California Association of Governments meeting on June 5 • Attended the Regional Council meeting o Summit on poverty will be held on October 20 City Council and Successor Agency Minutes system committee June 17, 2014 Page 17 of 19 • Reviewed SB375 • Reviewed AB2707 and SB1228 ■ Attended the Orange County Sanitation District Legislative and Public Affairs committee on June 9 • Complimented Mayor Murray for the State of the City presentation ■ Attended the Police Department Open House; thanked the Police Department • Attended the Republican Party Flag Day dinner on June 14 ■ Attended the Boys Scouts of America Executive Committee meeting Mayor Pro Tem Puckett • Attended the Transportation Corridor Agencies Mobility Ad Hoc Committee meeting on June 4 • Attended State of the City address on June 5; thanked the Irvine Company for new facility ■ Conducted exit interviews for eighth graders at Orchard Hills School June 6 ■ Attended the Tustin Chamber of Commerce breakfast on June 11; looking forward to Chamber Gala on June 27 and Business of the Year awards ■ Attended the Transportation Corridor Agencies Joint -Toll Ad Hoc Committee Meeting on June 11; was elected Chair ■ Attended the Transportation Corridor Agencies Board meeting on June 12; was elected Secretary of the Board ■ Attended the Lions installation banquet on June 12; congratulated Chris Barr, new President of the Lions Club ■ Attended the Tustin Police Department Open House on June 14; thanked Chief Celano, officers, and volunteers for the successful event ■ Attended the Orange County Republican Party Flag Day celebration on June 14; U.S. Senator Mike Lee did a phenomenal job ■ Looking forward to the first "Coffee with a Cop" event taking place on June 18"' from 8:00 a.m. — 9:00 a.m. at Kean's Coffee in Tustin ■ Looking forward to the Tustin Chamber of Commerce Gala taking place on Friday, June 27 • Congratulated granddaughter Danica Dotson for graduating from Orange Lutheran High School Mayor Murray • Thanked staff, Stephanie Najera and family for a successful State of the City event. Thanked the City Manager and staff for efforts towards the new community center ■ Attended the Orchard Hills 8"' grade exit interviews on June 6 ■ Attended the Lions Heart event on June 8 ■ Attended the Orange County Transportation Authority Board meeting on June 9 ■ Attended the Tustin Chamber of Commerce meeting on June 11;' congratulated Officer David Nguyen ■ Attended the Orange County Fire Authority Budget and Finance meeting on June 11 ■ Attended the retirement ceremony for Chancellor Drake of the University of City Council and Successor Agency June 17, 2014 Minutes Page 18 of 19 0 California, Irvine on June 13 • Attended the Lions Club awards banquet on June 13 Attended, with family, the University of California of Irvine commencement at Angel stadium. President Obama delivered the commencement address • Attended the Police Department Open House on June 14 • Attended the SOCAL water polo picnic and awards ceremony • Attended the Flag Day salute with his wife • Chaired the ad hoc committee Orange County Fire Authority on June 16; developing a process for the new Chief • Met with Orange County Transportation Authority CEO Darrell Johnson on June 17 • Announced "Coffee with a Cop" will be held on June 18 • Thanked staff for thorough work on the budget Adjourned in Memory of Barbara Kaprielian ADJOURNED at 9:08 p.m. — The next meeting is scheduled for Tuesday, July 1, 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 June 17, 2014 Minutes Page 19 of 19 I