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Home My WebLink About00 CC AGENDA 12.16.14CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY John Nielsen, Mayor Pro Tern Al Murray, Councilmember Chuck Puckett, Mayor Rebecca "Beckie" Gomez, Councilmember Dr. Allan Bernstein, Councilmember DECEMBER 16, 2014 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Jeffrey C. Parker, City Clerk Pamela Arends -King, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2358 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(d4)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. LABOR NEGOTIATIONS Agency Negotiators: Employee Organization Employee Organization [Government Code Section 54957.6] Derick Yasuda, Acting Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Tustin Municipal Employees Association (TMEA) Tustin Police Officers Association — Management 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 REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Four Cases 1. Property 430 - 371 -18, 19, 20, 21, 22, 23, 24, 25, 26, 62, 63, Address /Description 64, 65, 66, 67, 68 Unit (TPMA) Employee City Negotiators Organization: Tustin Police Officers Association — Officer Unit Development Negotiating Parties Pacific Coast Investors (TPOA) Employee 2. Property Organization: Address /Description Tustin Police Support Service Association Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager (TPSSA) Employee Organization: Under Negotiation Unrepresented Confidential Employees Employee APN 430 - 251 -32 Organization: Unrepresented Supervisory Employees Employee City Negotiators Organization: Unrepresented Executive Management and Development Negotiating Parties Robert Olson and Blake Evans Management Employees Employee Organization: Unrepresented Part -Time Employees 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Four Cases 1. 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 2. Property 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 3. Property APN 430 - 251 -32 Address /Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John A. Buchanan, Deputy Director of Economic Development Negotiating Parties Robert Olson and Blake Evans Under Negotiation Price and Terms of Payment 4. 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 and John A. Buchanan, Deputy Director of Economic City Council, Successor Agency and Housing Authority December 16, 2014 Meeting Agenda Page 2 of 9 Negotiating Parties Under Negotiation Development Regency Centers, John Meehigan Price and Terms of Payment JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. CALL TO ORDER — Meeting #2358 INVOCATION — Mayor Pro Tern Nielsen PLEDGE OF ALLEGIANCE — Councilmember Bernstein ROLL CALL — City Clerk 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. PRESENTATIONS o Tustin Community Foundation Honored as 2014 Top -Rated Nonprofit (by Great Nonprofits) o Recognition of outgoing Mayor, Al Murray 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) City Council, Successor Agency and Housing Authority December 16, 2014 Meeting Agenda Page 3 of 9 1. APPROVAL OF MINUTES — JOINT REGULAR MEETING AND SPECIAL MEETING OF THE CITY COUNCIL, THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD ON DECEMBER 2, 2014 Recommendation: That the City Council approve the Action Minutes of the Joint Regular Meeting and Special Meeting of the City Council, the Successor Agency to the Tustin Community Redevelopment Agency and Housing Authority held on December 2, 2014. 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 Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amount of $631,063.61 and Demands in the amount of $2,491,190.01. 3. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer /traffic impact fees, and funds expended by the City which satisfy the Maintenance of Effort (MOE). The Orange County Transportation Authority (OCTA) established the MOE benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds; the City's required MOE expenditure is $1,119,535. Recommendation: That the Tustin City Council Adopt Resolution No. 14 -78, adopting the Measure M2 Expenditure Report for Fiscal Year 2013 -2014 (attached) and direct staff to file the report with the Orange County Transportation Authority. RESOLUTION NO. 14 -78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, THE ANNUAL MEASURE M2 FAIRSHARE EXPENDITURE REPORT FOR FISCAL YEAR 2013 -2014 4. 2015 LOCAL APPOINTMENTS LIST Prior to December 31st of each year, the Maddy Act requires municipal City Council, Successor Agency and Housing Authority December 16, 2014 Meeting Agenda Page 4 of 9 agencies to prepare and post a listing of all Commission /Committee vacancies for the upcoming year. Recommendation: Approve the 2015 Local Appointments List for the Planning, Community Services, and Audit Commissions and post notice as required by law. 5. ADOPT RESOLUTION NO. 14 -70 ESTABLISHING PRIMA FACIE SPEED LIMITS ON CITY STREETS Adoption of Resolution No. 14 -70 will establish speed limits on certain streets throughout the City of Tustin based upon an engineering and traffic survey as required by the California Vehicle Code. Recommendation: That the City Council adopt Resolution No. 14 -70 establishing Prima Facie Speed Limits on certain streets throughout the City of Tustin. RESOLUTION NO. 14 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS 6. APPROVAL OF CONTINUING DISCLOSURE PROCEDURES FOR PUBLIC DEBT ISSUANCES AND RELATED CONTINUING DISCLOSURE OBLIGATIONS The Security Exchange Commission ( "SEC ") requires all issuers of bonds to prepare initial disclosure documents and file annual continuing disclosure reports so that investors can receive information concerning their decision to purchase the bonds or continue holding the bonds. Adopting continuing disclosure procedures for public debt issuances will ensure the City is in compliance with SEC requirements. Recommendation: That the City Council adopt the attached Continuing Disclosure Procedures related to the City's bonds, Successor Agency to the Tustin Community Redevelopment Agency's bonds, and the Housing Authority's bonds. 7. HOUSING SUCCESSOR AGENCY ANNUAL REPORT FOR FISCAL YEAR 2013 -2014 In accordance with Senate Bill 341's amendments to Health & Safety Code Section ( "HSC ") 34176, the Tustin Housing Authority, serving as the Housing Successor Agency to the former Tustin Community Redevelopment Agency, has prepared an annual report for filing with the Tustin Housing Authority Commission and the Tustin City Council. City Council, Successor Agency and Housing Authority December 16, 2014 Meeting Agenda Page 5 of 9 Recommendation: 1. It is recommended the Tustin Housing Authority Commissioners take the following actions: • Receive and file the Housing Successor Agency Annual Report for Fiscal Year ( "FY ") 2013 -2014 and transmit such report to the Tustin City Council. 2. It is recommended the City Council take the following actions: • Receive and file the Housing Successor's Annual Report for FY 2013- 2014. • Direct that a copy of the Housing Successor Agency Annual Report be posted on the City of Tustin's website at www.tustinca.org 8. ADOPTION OF THE 2015 INVESTMENT POLICY The California Government Code, as amended, requires that Cities annually adopt their Investment Policy. This legislative action was in response to the Orange County bankruptcy. It requires the elected body and the Treasurer to review the existing Investment Policy at least annually and confirm its content at a public meeting and annually delegate authority to invest. Recommendation: That the City Council adopt the City of Tustin Investment Policy for calendar year 2015. 9. RECOMMENDATION OF THE FINANCE DIRECTOR'S RE- APPOINTMENT AS THE CITY TREASURER City Council is asked to consider the recommendation to re- appoint the Finance Director as the City Treasurer for calendar year 2015. Recommendation: That the City Council accept the City Manager's recommendation to re- 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. 10. DISPOSITION PACKAGE 1C WEST - 2nd AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH REGENCY CENTERS ACQUISITIONS, LLC. Approval is requested to amend the ENA with Regency Centers Acquisition, LLC (Developer) by modifying the negotiation schedule, the Good Faith Deposit, a deposit to offset City staff expenses during the negotiation period, City Council, Successor Agency and Housing Authority December 16, 2014 Meeting Agenda Page 6 of 9 and a non - refundable deposit for extending negotiations. Recommendation: Authorize the City Manager to execute the attached 2nd Amendment to the ENA between the City and Regency Centers Acquisition, LLC subject to any non - substantive modifications as may be deemed necessary and /or recommended by the City's special real estate counsel or the City Attorney. 11. COMMUNITY DEVELOPMENT DEPARTMENT (CDD) OFFICE RECONFIGURATION - ADDITIONAL APPROPRIATION OF FUNDS The City Council appropriated Fiscal Year 2014 -15 funds for the Community Development Department office reconfiguration in the amount of $120,000 for cubicles, interior windows and filing room improvements. During the planning process, a high density filing system, similar to the one installed at the City Clerk's office, was deemed desirable for its long -term efficiency and capacity. In addition, the work stations facing the lobby area, which include the Building Technicians, Planner of the Day, and Public Works Executive Assistant area, would also be improved for better function, efficiency and work environment, if authorized by the City Council. Recommendation: That the City Council authorize an additional appropriation in the amount of $68,000 to supplement the CDD office reconfiguration and filing system by minute action. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 12 -14) 12. GRANT APPLICATION TO THE NATIONAL ENDOWMENT FOR THE ARTS TO PARTLY FUND THE TUSTIN PIONEERS RECOGNITION PROGRAM On August 5, 2014, the City Council approved the Program Guidelines for the Tustin Pioneers Recognition Program (Bronze Busts Program) and directed staff to obtain necessary proposals from artists and manufacturers, consult with the Ad -hoc review committee to select an artist and manufacturer, determine the proposed budget and bring back the item for City Council review and approval. The Ad -hoc review committee reviewed three (3) proposals on December 1, 2014, requested additional information, agreed to seek private donations for the bronze busts, and recommended that the City allocate $15,000 to fund the construction and installation of the pedestals. City Council, Successor Agency and Housing Authority December 16, 2014 Meeting Agenda Page 7 of 9 As part of the budget development process for the Tustin Pioneers Recognition Program, staff researched grants that are available from the National Endowment for the Arts (NEA). One of the NEA programs, called "Our Town" provides grants for creative place making projects that help to make communities more lively, beautiful and resilient, with arts at their core. Public art, such as the bronze busts proposed through the Tustin Pioneers Recognition Program, is one type of art that is eligible for grant funding through the "Our Town" Program. The grants require a 1:1 match and range from $25,000 to $200,000. Council authorization is requested for the submittal of the grant application to the NEA. Recommendation: 1. Adopt Resolution No. 14 -81, authorizing the submittal of a grant application for the "Our Town" Program to the NEA, in the amount of $25,000; and 2. Allocate funds of up to $15,000 for the construction and installation of three (3) pedestals for the bronze busts. RESOLUTION NO. 14 -81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE NATIONAL ENDOWMENT FOR THE ARTS FOR THE OUR TOWN PROGRAM 13. CONVEY CITY -OWNED PROPERTIES AT 14741 AND 14751 NEWPORT AVENUE TO THE ORANGE COUNTY RESCUE MISSION FOR HOMELESS VETERANS' HOUSING Approval is requested to convey two (2) City -owned fourplexes at 14741 and 14751 Newport Avenue to the Orange County Rescue Mission ( "OCRM ") for homeless Veterans' housing. Recommendation: That the City Council take the following actions: 1. Direct the City Manager to finalize and execute a Purchase and Sale Agreement, Deed Restrictions, Easement, Promissory Note and any other documents consistent with the Terms of Conveyance outlined in Exhibit A; 2. Direct the City Manager to prepare all documents and take all actions necessary to implement this transaction with OCRM; and 3. Determine that the conveyance of the property and facilities for use as Veterans housing is exempt from the California Environmental City Council, Successor Agency and Housing Authority December 16, 2014 Meeting Agenda Page 8 of 9 Quality Act pursuant to Categorical Exemption Class 1. 14. 2015 MAYORAL APPOINTMENTS TO COMMITTEES Annually, following selection of the Mayor, the Mayor appoints those members of the City Council who will serve on various City and Regional committees. Recommendation: 1. Confirm the attached appointments as recommended by the Mayor; and 2. Adopt FPPC Form 806: Agency Report of Public Official Appointments and direct staff to post on the City's website. OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, January 6, 2015 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, Successor Agency and Housing Authority December 16, 2014 Meeting Agenda Page 9 of 9