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Home My WebLink About00 CC AGENDA 1-3-12CITY OF TUSTIN JANUARY 3, 2012 JOINT REGULAR MEETING OF THE ,~~~~ ~~-,-~ COUNCIL CHAMBER CITY COUNCIL, REDEVELOPMENT '~' ~;~ 300 CENTENNIAL WAY, TUSTIN AGENCY AND TUSTIN HOUSING .;:~--" - AUTHORITY :=`~ ~~~ ~. -~..~ ~~~~~~ ,; AI Murray, Mayor Pro Tem Jeffrey C. Parker, City Manager Jerry Amante, Councilmember David E. Kendig, City Attorney Deborah Gavello, Councilmember John Nielsen, Mayor Pamela Stoker, City Clerk Rebecca "Beckie" Gomez, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER -Meeting #2279 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 posi#ion of the City in existing and anticipated litigation: A. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b}] -Two Cases B. CONFERENCE WITH LEGRL COUNSEL -INITIATION OF LITIGATION [Govt. Code § 54956.9(c}] -Two Cases C. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 • Consideration of Claim of Edgar Pacheco, Claim No. 11-29 • Consideration of Claim of Cameron Santos, Claim No. 11-30 • Consideration of Claim of Cindy Johnson, Claim No. 11-33 D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8} • Property AddresslDescription: Lots 1,2,3,4,5,6,7,8,9,10,11, II, D, Final Map 17144; Lots 32, 34, Tentative Tract Map 17404; a portion APN's 430-27-31 and 33 and a portion of APN 430-37-10 Agency: City of Tustin NOTE: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on fhis agenda will be made available far public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. Gity Negotiators: Christine Shingleton, Assistant City Manager and Rmy Freilich, Special Counsel Negotiating Parties: Broadcom Corporation, represented by Rick Kaplan, Mark Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. Under Negotiation: Price and Terms of Payment E. CONFERENGE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt. Code § 54956.9(a)] -Five Cases • Tustin Unified School District v. City of Tustin et al., Case No. 30-2010- 00345476, Orange County Superior Court • City of Tustin v. Tustin Unified School District et al., Case No. 30-2011- 501073; Orange County Superior Court • T-Mobile West Corporation v. Gity of Tustin, et al, United States District Court, Central District of California, Case No. SACV11-1854 JVS (RNBx} • City of Tustin v. Keybank, N.A., Case #30-2011-00529736-CU-FR-CXC • Mira Properties v. City of Tustin, Orange County Superior Gourt Case No. 30-2011-00522643 JOINT CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY MEETING 7:00 P.M. CALL TO ORDER -Meeting #2279 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF AL<_EGIANCE - Ameriean Legion ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney David E. Kendig PRESENTATION • Orange County Human Relations (Dr. Geurpreet Ahuja) ORAL COMMUNICATIONIPUB~IC 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 City Council, Redevelopment Agency and January 3, 2012 Tustin Housing Authority Regular Meeting Agenda Page 2 of 7 jurisdiction of the City Council. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. 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" farm with the City Clerk. (Agenda Items 1 through 9} 1. APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY HELD ON DEGEMBER 6, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council, Redevelopment Agency and Tustin Housing Authority held on December 6, 2011. 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 amounts of $662,228.19 and Demands in the amount of $6,786,152.37. 3. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS Redevelopment Agency staff provides on a monthly basis an update of redevelopment related projects. Recommendation: Receive and File. 4. ADOPT RESOLUTION NO. 12-01 TO APPROVE LOT LINE ADJUSTMENT NO. 2011-01 A lot line adjustment has been requested by the property owner to develop a driveway on a portion of a vacant lot at 1702 Nisson Road to provide private access in fee to the existing Willows Apartments at 1712 Nisson Road. The proposed lot line adjustment application has been submitted by Doris Sue Maxwell, property owner of 1702 Nisson Road, and Paul Dunlap, Attorney-in- Fact far the property owner of 1712 Nisson Road. City Council, Redevelopment Agency and January 3, 2012 Tustin Housing Authority Regular Meeting Agenda Page 3 of 7 Recommendation: That the City Council adopt Resolution No. 12-01 approving Lot Line Adjustment No. 2011-01. RESOLUTION NO. 12-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 2011-01 5. ADOPT RESOLUTION NO. 12-02 TO APPROVE THE SUBMITTAL OF REGIONAL SIGNAL SYNCHRONIZATION PROGRAM PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No. 12-02 will approve the submittal of an application prepared by the City of Santa Ana for the First StreetJBolsa Avenue Traffic Signal Synchronization Project to the Orange County Transportation Authority (OCTA}. Participation by all agencies maintaining traffic signals within this corridor is needed for approval of a project application under the 2011 Call for Projects for the Competitive Measure M2 Traffic Signal Synchronization Program {Project P). Recommendation: That the Ci#y Council adopt Resolution No. 12-02 approving the submittal of an application to the Orange County Transportation Authority for funding of the First Street/Bolsa Avenue Traffic Signal Synchronization Project under the 2011 Call for Projects for the Renewed Measure M Regional Traffic Signal Synchronization Program. RESOLUTION NO. 12-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF AN APPLICATION FOR THE FIRST STREETIBOLSA AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM {PROJECT P} 6. APPROVE COOPERATIVE AGREEMENTS NO. C-1-3023 AND C-1-3024 WITH OCTA FOR WARNER AVENUE AND TUSTIN AVENUE SIGNAL SYNCHRONIZATION PROJECTS CIP 40081 Staff is requesting that the City Council approve Cooperative Agreements No. C-1-3023 and C-1-3024 for implementation of the Warner Avenue and Tustin Avenue Signal Synchronization Projects CIP 40081. Engineering and construction will be performed in collaboration with adjacent jurisdictions, with the Orange County Transportation Authority {OCTA} taking the lead in managing both projects. Work will be performed under the OCTA Competitive Measure M2 Traffic Signal Synchronization Program (Project P}. City Council, Redevelopment Agency and January 3, 2012 Tustin Housing Authority Regular Meeting Agenda Page 4 of 7 Recommendation: That the City Council approve Cooperative Agreements No. C-1-3023 and C-1-3024 with the Orange County Transportation Authority for traffic signal synchronization on Warner Avenue and on Tustin Avenue, respectively, and authorize the Mayor and City Clerk to execute the documents on behalf of the City. 7. APPOINTMENT OF GEORGE W. JEFFRIES AS CITY TREASURER AND SIGNING OF AGREEMENT BETWEEN THE CITY OF TUSTIN AND G. W. .....JEFFRIES AND ASSOCIATES, INC. The City Council is asked to consider Resolution No. 12-04 appointing George W. Jeffries as City Treasurer and approving his personal services agreement for one year. Recammendation: That the City Council adopt Resolution No. 12-04 appointing George W. Jeffries as City Treasurer and authorizing the Mayor to sign the attached Agreement for the Services of George W. Jeffries. RESOLUTION NO. 12-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPOINTING GEORGE W. JEFFRIES AS CITY TREASURER FOR CALENDAR YEAR 2012 8. ANNUAL REVIEW AND ADOPTION OF THE 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: 1. Adopt the City of Tustin Investment Policy for calendar year 2012. 2. Continue delegation of the Investment Policy to G. W. Jeffries and Associates. 9. DEVELOPMENT OF A GOVERNANCE STRUCTURE FOR THE TUSTIN LEGACY PROJECT INCLUDING DEVELOPMENT OF CC&R'S AND DEPARTMENT OF REAL ESTATE SUBMITTALS Approval is requested for Consultant Services Agreements (CSA) to provide professional services to assist the City in development of a governance structure in its limited executive master developer role, including development of CG&R's for the Tustin Legacy Project, maintenance budgets and assessment schedules, and Department of Real Estate submittals. City Council, Redevelopment Agency and January 3, 2012 Tustin Housing Authority Regular Meeting Agenda Page 5 of 7 Recommendation: That the City Council: 1. Authorize the City Manager or Assistant Executive Director to execute the attached CSA with Luce, Forward, Hamilton & Scripps, LLP (Luce Forward), subject to non-substantive modifications as may be deemed necessary by the City Attorney prior to execution of the CSA. 2.___ Authorize_ he City Manager or Assistant Executive Director_ to execute the attached CSA with PCM Consulting Services, Inc. (PCM}, subject to non-substantive modifications as may be deemed necessary by the City Attorney prior to execution of the CSA. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals far new legislation or items requiring discussion. (Agenda Items 10 through12) 10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1409, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 3141 AND ADDING SECTION 3526 OF THE TUSTIN CITY CODE REGARDING SECONDHAND DEALER PERMITS Ordinance No. 1409 would: 1. Amend Part 2 of Chapter 5 of Article 3 of the Tustin City Code to provide City officials discretion to grant whole or partial waivers of the requirement that names, addresses, and fingerprints of all employees of a licensed secondhand dealer be provided in conjunction with a secondhand dealer permit if certain specified conditions are met. 2. Amend the definition of "Director" in Article 3 of the Tustin City Cade to refer to the Director of the Finance Department, rather than the Community Development Department. Recommendation: Have second reading by title only and adoption of Ordinance No. 1409 (roll call vote). ORDINANCE NO. 1409 AN ORDINANCE OF THE GITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTION 3526 RELATING TO A CONDITIONAL EXEMPTION TO THE REQUIREMENT TO PROVIDE CERTAIN EMPLOYEE INFORMATION IN CONJUNCTION WITH A SECONDHAND DEALER PERMIT. 11. CITY COUNCIL APPOINTED REPRESENTATIVES City Council, Redevelopment Agency and January 3, 2012 Tustin Housing Authority Regular Meeting Agenda Page 6 of 7 The City Council is required to make appointment agencies, boards and committees on which the Cit appointments or reappointments of delegates and made at the first Council meeting of the year. Recommendation: s to various governmental y has representation. New alternates are historically 1. Appoint a Director and Alternate Director to serve on the Foothill/Eastern Transportation Corridor Agencies Board of Directors; 2. Appoint a Director and Alternate Director to serve on the Orange County Fire Authority's Board of Directors; 3. Appoint a Director and Alternate Director to serve on the Orange County Sanitation District Board of Directors; 4. Appoint a Representative to serve on the Southern California Association of Governments Board of Directors; 5. Adopt a resolution entitled: A Resolution of the City Council of the City of Tustin, California, Designating Its Representative and Alternate to the Orange County Fire Authority's Board Of Directors; 6. Approve the City of Tustin Appointments to Committees RESOLUTION NO. 12-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING ITS REPRESENTATIVE AND ALTERNATE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS 12. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESSJCOMMITTEE REPORTS ADJOURNMENT -The next regular meeting is scheduled far Tuesday, January 17, 2012 at 5:30 for Closed Session Meeting followed by the Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council, Redevelopment Agency and January 3, 2412 Tustin Housing Authority Regular Meeting Agenda Page 7 of 7