HomeMy WebLinkAbout03 CC Action Agendas 11/15, 12/06, 01/03I
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'" AGENDA ~~~PORT ITEM # 3
MEETING DATE: JANUARY 10, 2012
TO: PLANNING COMMISSION
FROM: ELIZABETH A. BINSACK, DIRECTOR OF COMMUNITY DEVELOPMENT
SUBJECT: REPORT TO THE PLANNING COMMISSION ON CITY COUNCIL
ACTIONS
A report will be provided to the Planning Commission on matters taken before City
Council. Attached are the action agendas for the City Council meetings held on
November 15, 2011, December 6, 2011, and January 3, 2012; and the Special Meeting
of the City Council action agenda for November 15, 2011.
Attachments: A. City Council Action Agenda November 15, 2011
B. Special Meeting of the City Council Action Agenda November 15,
2011
C. City Council Action Agenda December 6, 2011
D. City Council Action Agenda January 3, 2012
ATTACHMENT A
CITY COUNCIL ACTION AGENDA NOVEMBER 15, 2011
ACTION AGENDA OF THE
JOINT REGULAR MEETING OF THE CITY COUNCIL
AND REDEVELOPMENT AGENCY
NOVEMBER 15, 2011
7:00 P.M.
CALL TO ORDER -Meeting #2277 at 7:26 p.m.
INVOCATION -Father AI Baca, St. Cecelia
PLEDGE OF ALLEGIANCE -Mayor Pro Tem Nielsen
ROLL CALL -City Clerk
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Deborah Gavello,
Rebecca "Beckie" Gomez and AI Murray
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: David E. Kendig, City Attorney
CLOSED SESSION REPORT -City Attorney David E. Kendig
PRESENTATIONS
• DCH Tustin Acura 25th anniversary -Dick Hsu
• Certificate of Achievement for Excellence in Financial Reporting -Pamela Arends-
King
ORAL COMMUNICATION/PUBLIC INPUT -
• Harold Katzman
• Phil Cox
CONSENT CALENDAR ITEMS 1-11 - It was moved by CouncilmemberlAgencymember
Gavello and seconded by Mayor Pro Tem/Chair Pro Tem Nielsen to approve the consent
calendar items as recommended by staff.
City Council and Redevelopment Agency November 15, 2011
Action Agenda Page 1 of 11
Motion carried 5-0
APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL
AND REDEVELOPMENT AGENCY HELD ON NOVEMBER 1, 2011
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on November 1, 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 amount of $674,199.31 and
Demands in the amount of $3,293,616.06.
3. CANCELLATION OF DECEMBER 20, 2011 CITY COUNCIL MEETING
Staff recommends that the December 20, 2011 Joint City Council and
Redevelopment Agency meeting be cancelled due to lack of quorum.
Recommendation: Direct the City Clerk to post a Notice of Cancellation for the
regularly scheduled Joint Council and Redevelopment meeting of December 20,
2011 and that the City Council hereby waives notice of said meeting as required
by Government Code Section §54954.
4. ACCEPT IMPROVEMENTS FOR THE COLUMBUS TUSTIN GYMNASIUM
PHOTOVOLTAIC (SOLAR) IMPROVEMENT, CIP NO. 10065/FEDERAL AND
AUTHORIZE THE CITY ENGINEER TO FILE THE NOTICE OF COMPLETION
Construction of the Columbus Tustin Gymnasium Photovoltaic (Solar)
Improvement, CIP No. 10065/federal, has been completed to the satisfaction of
the City Engineer and is now ready for City Council acceptance.
Recommendation: That the City Council:
1. Adopt Resolution No. 11-83 accepting the construction of the Columbus
Tustin Gymnasium Photovoltaic (Solar) Improvement, CIP No.
10065/federal; and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
RESOLUTION NO. 11-83
City Council and Redevelopment Agency November 15, 2011
Action Agenda Page 2 of 11
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 CONSTRUCTION OF COLUMBUS TUSTIN
GYMNASIUM PHOTOVOLTAIC (SOLAR) IMPROVEMENT, CIP NO.
10065/FEDERAL
5. AUTHORIZATION TO PURCHASE TWO LAWNMOWERS AND
DECLARATION OF SURPLUS EQUIPMENT FOR PUBLIC AUCTION
Staff is requesting City Council authorization to purchase two (2) Toro
Groundsmaster Lawnmowers utilizing the State Department of General
Services pursuant to Tustin City Code 1624(c) and declare certain equipment
surplus and available for public auction, pursuant to Tustin City Code 1626a(2).
Recommendation: That the City Council:
1. Adopt Resolution No. 11-80 authorizing the State of California
Department of General Services to purchase two (2) Toro
Groundsmaster Lawnmowers from Turf Star, Inc. of Hayward, CA. in the
amount of $39,471;
2. Declare, in accordance with the Tustin City Code 1626a(2), the attached
itemized list of equipment as surplus and not required far public use; and
3. Authorize the sale of the surplus equipment at the next available public
auction and credit net proceeds to the applicable City Revenue fund.
RESOLUTION N.O. 11-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AUTHORIZING THE DEPARTMENT OF GENERAL
SERVLCES OF THE STATE OF CALIFORNIA TO PURCHASE
CERTAIN ITEMS
6. ADOPT RESOLUTION NO. 11-82 TO ACCEPT IMPROVEMENTS FOR
ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR UNDER
THE ANNUAL ROADWAY AND PUBLIC INFRASTRUCTURE MAINTENANCE
PROGRAM CIP NO. 70001 AND AUTHORIZE THE CITY ENGINEER TO FILE
A NOTICE OF COMPLETION
Construction of the Roadway Rehabilitation and Citywide Sidewalk Repair
under the FY 2010111 Annual Roadway and Public Infrastructure Maintenance
Program CIP No. 70001 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. 11-82 accepting the construction of the Roadway
City Council and Redevelopment Agency November 15, 2011
Action Agenda Page 3 of 11
Rehabilitation and Citywide Sidewalk Repair under the FY 2010/11
Annual Roadway and Public Infrastructure Maintenance Program CIP
No. 70001; and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
RESOLUTION NO. 11-82
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 ROADWAY REHABILITATION AND
CITYWIDE SIDEWALK REPAIR UNDER THE FY 2010111 ANNUAL
ROADWAY AND PUBLIC INFRASTRUCTURE MAINTENANCE
PROGRAM CIP NO. 70001
7. ADOPT RESOLUTION NO. 11-81 TO ACCEPT IMPROVEMENTS FOR THE
TUSTIN RANCH ROAD REHABILITATION PROJECT, CIP 70195 AND
AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION
Construction of the Tustin Ranch Road Pavement Rehabilitation between Bryan
Avenue and Jamboree Road CIP 70195 has been completed to the satisfaction
of the City Engineer and is now ready for City Council acceptance.
Recommendation: That the City Council:
1. Adopt Resolution No. 11-81 accepting the construction of the Tustin
Ranch Road Pavement Rehabilitation between Bryan Avenue and
Jamboree Road CIP No. 70195; and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
RESOLUTION NO. 11-81
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 PAVEMENT
REHABILITATION BETWEEN BRYAN AVENUE AND JAMBOREE
ROAD CIP NO. 70195
8. APPROVE AGREEMENT D11-067 WITH COUNTY OF ORANGE FOR WATER
VALVE ADJUSTMENTS ASSOCIATED WITH THE 17th STREET PAVEMENT
REHABILITATION AND LANDSCAPE PROJECT
Approval of Reimbursement Agreement No. D11-067 between the City and the
County of Orange is required to permit a County contractor to adjust City of
Tustin water valves to grade as part of the County's 17th Street Pavement
City Council and Redevelopment Agency November 15, 2011
Action Agenda Page 4 of 11
Rehabilitation and Landscape project.
Recommendation: That the City Council approve Reimbursement Agreement
No. D11-067 with the County of Orange and authorize the Mayor and City Clerk
to execute the document on behalf of the City.
9. APPROVE HOMEOWNER AGREEMENT AND MEMORANDUM FOR
CERTAIN PROPERTY IN CONJUNCTION WITH THE TUSTIN RANCH ROAD
EXTENSION PROJECT BETWEEN WALNUT AVENUE AND VALENCIA
AVENUE (CIP No. 70100)
Staff is requesting the City Council and the Tustin Community Redevelopment
Agency apprave certain agreements associated with the required applicable
noise, mitigation measures as identified in the Final Supplement #1 to the Final
EIS/EIR for the Tustin Ranch Raad Extension Project CIP No. 70100 & 70206
on or adjacent to the property located at 2391 Coco Palm Drive (Receptor 17).
Recommendation: That the City Council and Tustin Community Redevelopment
Agency:
1. Approve the attached documents for 2391 Coco Palm Drive (Receptor
17) including the Project Implementation Agreement and Memorandum
of Project Implementation Agreement, and authorize the Mayor, the City
Manager/Executive Director or the Assistant City ManagerlAssistant
Executive Director to execute the agreement on behalf of the City and
Agency, subject to approval as to form with any minor non-substantive
modifications required by the City Attorney and which shall not become
effective for three business days, pending any request for review by the
California Department of Finance ("DoF"). If DoF requests review of this
Agency action, DoF shall have 10 days from the date of its request to
apprave the Agency action or return it to the Agency for reconsideration
and the action if subject to review by DoF shall not be effective until
approved by DoF; and
2. Appropriate $8,055 from unappropriated funds from the GFD 06-01 Fund
(434) to the Tustin Ranch Road Extension Project Capital Improvement
Program Fund between Walnut Avenue and Valencia Avenue (CIP No.
70100).
10. 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,
developerltraffic 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
City Council and Redevelopment Agency November 15, 2011
Action Agenda Page 5 of 11
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. 11-85,
adopting the Measure M2 Expenditure Report for Fiscal Year 2010-2011
(attached) and direct staff to file the report with the Orange County
Transportation Authority.
RESOLUTION NO. 11-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, THE ANNUAL MEASURE M2 FAIRSHARE
E~CPENDiTURE REPORT FOR FISCAL YEAR 2010-2011
11. RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND NATIONAL
OFFICE LIQUIDATORS FOR A PORTION OF THE BUILDING LOCATED AT
15171 DEL AMO AVENUE
Approval is requested for amonth-to-month Rental Agreement between the City
and National Office Liquidators, Inc. (Tenant), for aCity-owned property located
at 15171 Del Amo Avenue.
Recommendation: That the City Council authorize the Assistant City Manager to
execute the attached month-to-month Rental Agreement with National Office
Liquidators, Inc. and support the finding that the month-to-month Rental
Agreement is at market value and no further policy directions, as outlined in
Tustin City Code Section 7960(8), are required.
REGULAR BUSINESS ITEMS 12-16
12. SECOND READING AND ADOPTION OF ORDINANCE NO. 1408, AMENDING
THE CITY'S CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (CALPERS) TO PROVIDE A SECOND TIER
RETIREMENT PLAN FOR NEW EMPLOYEES
The City has negotiated agreements with all of its bargaining units to provide a
second tier retirement plan for new employees enrolled in a California Public
Employees' Retirement System (CaIPERS) retirement plan (2% @ 60 for
Miscellaneous and 2% @ 50 for Safety). Adoption of the attached Ordinance is
a step in the contract amendment process specified by CaIPERS.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Gavello to have second reading by title only and adoption of
Ordinance No. 1408 (roll call vote).
City Council and Redevelopment Agency November 15, 2011
Action Agenda Page 6 of 11
Motion carried 5-0
ORDINANCE NO. 1408
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, RUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF TUSTIN AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
13. SECOND READING AND ADOPTION OF CODE AMENDMENT 2011-006
(ORDINANCE NO. 1407) -BODY ART
On September 9, 2010, the Ninth Circuit Court of Appeals decided Anderson v.
City of Hermosa Beach and held that the process and business of tattooing are
pure forms of expression fully protected by the First Amendment. According to
the Court, although the City of Hermosa Beach had significant health and safety
interests in regulating the tattoo parlors, a complete prohibition was
unreasonable because it was substantially broader than necessary to achieve
the city's health and safety goals.
Tattoo establishments are not currently listed as permitted uses in the Tustin
Zoning Code. Because of the practical and legal constraints placed upon the
City by the Anderson v. City of Hermosa Beach case, Code Amendment 2011-
006 is proposed to establish body art facilities, including tattoo establishments,
as permitted uses within the City of Tustin Retail Commercial (C-1), Central
Commercial (C-2), Heavy Commercial (C-3), and Commercial General (CG)
Zoning Districts, subject to operational requirements, and establish that all body
art practitioners practicing at such facilities shall be licensed.
Motion: It was moved by Councilmember Murray and seconded by
Councilmember Gavello to have second reading by title only and adoption of
Ordinance No. 1407 (roll call vote).
Motion carried 5-0
ORDINANCE NO. 1407
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
AMENDING PART 4 OF CHAPTER 1 OF ARTICLE 4 OF THE TUSTIN
CITY CODE REGULATING THE INSPECTION OF BODY ART
FACILITIES BY THE ORANGE COUNTY HEALTH CARE AGENCY;
AMENDING PART 4 OF CHAPTER 1 OF ARTICLE 3 ADDING
DEFINITIONS PERTAINING TO BODY ART; AMENDING PART 5 OF
CHAPTER 6 OF ARTICLE 3 PERTAINING TO A BODY ART PERMIT;
AND AMENDING SECTION 9232b OF PART 3 OF CHAPTER 2 OF
ARTICLE 9 TO PERMIT BODY ART FACILITIES.
City Council and Redevelopment Agency November 15, 2011
Action Agenda Page 7 of 11
14. SECOND READING AND ADOPTION OF CODE AMENDMENT 11-002
{ORDINANCE NO. 1397}, CLARIFYING THE MEANING OF LEGAL
NONCONFORMING USES AND STRUCTURES IN THE CITY OF TUSTIN
At the request of the City Council, staff prepared Ordinance No. 1397 to provide
clarity, provide consistency and reduce any ambiguity related to any
nonconforming structures, uses and lots in the City. The Tustin City Council
requested that the Planning Commission consider verbatim City Council
minutes of March 15, 2011 and Ordinance No. 1397, and provide a
recommendation on the proposed ordinance to the Tustin City Council. Between
September 13 and October 11, 2011, the Tustin Planning Commission held a
workshop and two public hearings on the matter. On October 11, 2011, the
Tustin Planning Commission adopted Resolution No. 4183 recommending that
the Tustin City Council adopt Ordinance No. 1397, as amended.
Motion: It was moved by Councilmember Murray and seconded by Mayor Pro
Tem Nielsen to have second reading by title only and adoption of Ordinance No.
1397 (roll call vote).
Motion carried 5-0
ORDINANCE NO. 1397
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING CODE AMENDMENT 11-002 AMENDING
VARIOUS SECTIONS OF THE TUSTIN CITY CODE TO CLARIFY THE
MEANING OF LEGAL NONCONFORMING USES AND STRUCTURES
IN THE CITY OF TUSTIN
15. LEGISLATIVE REPORT -None
16. APPROVAL OF CITY MANAGER CONTRACT
The City has been engaged in an executive search to replace William Huston,
who has retired as City Manager effective July 17, 2010 and who has been
serving as Interim City Manager.
Pending the outcome of the selection process and contract negotiations, it is
possible that the City Council may appoint a City Manager and wish to
deliberate and approve a contract agreement for that appointment.
Should the City Council decide to vote on a City Manager contract, the contract
will be made available to members of the public during the City Council meeting.
Mayor Amante reported that during Closed Session the Council took action by
unanimous vote to appoint as Tustin's City Manager Jeffrey C. Parker, who is
currently serving as City Manager in Claremont
City Council and Redevelopment Agency November 15, 2011
Action Agenda Page 8 of 11
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Murray to approve the Employment Agreement with Jeffrey C.
Parker.
Motion carried 5-0
Mr. Parker thanked the Council and community for the gracious and warm
welcome. He expressed gratitude to Bill Huston for leaving the organization in
great shape and looks forward to the opportunities and challenges ahead.
OTFIER BUSIIVESSiCOIViiVi1TTEE REPORTS
Councilmember Gavello
• Met with the South Orange County Community College District Chancellor and Vice
Chancellor and took a tour of the ATEP facility
Councilmember Gomez
• Volunteered for Dinosaur Dash on November 6 which was fun despite the rain
• Attended the Tustin High School science building open house on November 2
which is phenomenal
• Attended a Santa Ana River Flood Protection Agency meeting on November 10
• Also attended on November 10 an Association of California Cities Orange County
meeting regarding the advent of professional sports in Southern California and
potential economic impact on neighboring cities
• On Veteran's Day attended inspirational and moving Orange County recognition of
fallen heroes presented by the cities of Placentia, Brea and Yorba Linda
• On November 13 attended a Kinship celebration for adoptive and foster families in
recognition of National Adoption Awareness Week
• Congratulated Beckman for their football victory
• Wished the mayor a Happy Birthday
• Welcomed Jeff Parker as new City Manager
Councilmember Murray
• Congratulated Tustin High School on their new science center
• Commented on the Diamond Club Gift of History event at Anaheim Stadium which
was well attended
• Attended the Chamber breakfast where Lucy Dunn, CEO of Orange Gounty
Business Council, gave a presentation on leadership
• Attended new Citibank ribbon cutting
• Congratulated Tustin Public Schools Foundation and its success with Dino Dash
• Attended the ACCOC November business meeting
• Expressed gratitude to those who have served our country for their sacrifices and
City Council and Redevelopment Agency November 15, 2011
Action Agenda Page 9 of 11
all they do to make this the best country in the world
• Attended the Harvest Moon Gala and fundraiser presented by the Tustin Boys and
Girls Clubs; Rex Hudler was the MC
• Attended OCTR Citizens Advisory Committee
• Informed all that the Mayors Thanksgiving breakfast will be held November 17
which is a major fundraiser far the Tustin Community Foundation
• Announced that his daughter, Lily, who plays for SoCal water polo in the 14 and
under team, went to Indiana University to compete in the national turbo cup event
where they brought home the gold medal
• Congratulated Jeff Parker and thanked Teri Black for assistance in recruiting
• Reminded all of the Bruins and USC Trojans football game coming up
Mayor Pro Tem Nielsen
• Attended Southern California Association of Governments meeting Community
Economic and Human Development Committee along with the Regional Council;
approved a new allocation for Regional Housing Needs Assessment which is
anticipated to be lower; thanked Sukhee Kang, Irvine, for his input regarding
Orange County
• Attended the Orange County Sanitation District board meeting; approved
professional services agreement for plant water rehabilitation and a trust
agreement for the continuing disclosure agreement in connection with the delivery
of sanitation revenue refunding certificate anticipation notes, and attended
Operations Committee meeting
• Was the MC for Eagle Court of Honor for Matthew Kahrs and Zachary Ennis
• Attended the ribbon cutting far Citibank
• Attended Boys and Girls Club fundraiser
• Welcomed Jeff Parker and thanked Teri Black for recruitment process
• Announced that Santa Sleigh will be coming to town soon
• Informed that the trial with TUSD has been rescheduled to April at the request of
TUSD attorneys; this is the second time that this has occurred which is 11 months
from the original trial date. Mayor Pro Tem Nielsen is proposing that TUSD board
drop its initial lawsuit. He would support that if they will do so, the City will do so on
the grading complaint; if TUSD will open Heritage School as promised after taking
millions of dollars of Mello Roos money and not opening it as an elementary school
serving the residents of Tustin Legacy and south Tustin, he would propose that the
City drop its CEQA suit; would like to get attorneys out of the picture and stop
paying taxpayer dollars for attorneys. Would like to work together for the good of
the community.
Mayor Amante
• On November 3 attended the Orange County Transportation Authority Third District
breakfast; was joined by Supervisor Campbell, Mayor Cavecchi from the City of
Orange, Greg Winterbottom who serves as a public member of the OCTA, and
CEO Will Kempton;
• Started the 5K race at Dino Dash
City Council and Redevelopment Agency November 15, 2011
Action Agenda Page 10 of 11
• Attended the Tustin Chamber's breakfast and introduced Lucy Dunn who spoke
regarding leadership and referred to a book by General Magnus
• Attended Marine Corps birthday; is one of the trustees of the November 10th
Association and honored great warriors; General Peter Pace spoke to a standing
ovation
• Attended Assemblyman Don Wagner's first breakfast meeting at Tustin Ranch Golf
Club
• Attended Kinship Center celebration at Senior Center; they are an outstanding
group and hundreds of people attended; they honored Khaya Breskin (Tustin Police
Department) for her outstanding work as a community impact officer--she had been
honored earlier that week by the Tustin Chamber of Commerce as the Police
Officer of the Month. Officer Breskin is a model example of why Tustin PD is
nationally ranked and accredited and we are very proud of her. Congratulated Chief
Jordan on his staff.
• Reminded all of the Thanksgiving Prayer Breakfast being held at the Salvation
Army headquarters
• Announced that the Enderle Center Christmas event will be held in the evening on
November 17
• Congratulated Bill Huston and thanked him for the opportunity to serve with him;
again welcomed Jeff Parker and looks forward to great things in the future
• Wished all a Happy Thanksgiving
• Referred again to the UCLA/USC game: "go Bruins"
ADJOURNED at 8:21 p.m. -The next regular meeting is scheduled for Tuesday,
December 6, 2011 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 and Redevelopment Agency November 15, 2011
Action Agenda Page 11 of 11
ATTACHMENT B
SPECIAL MEETING OF THE CITY COUNCIL ACTION AGENDA
NOVEMBER 15, 2011
ACTION AGENDA OF THE
JOINT SPECIAL MEETING OF THE CITY COUNCIL
AND REDEVELOPMENT AGENCY
NOVEMBER 15, 2Q11
CLOSED SESSION MEETING
4:30 P.M.
CALL TO ORDER -Meeting #2277 at 4:32 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Deborah Gavello,
Rebecca "Beckie" Gomez and AI Murray
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: David E. Kendig, City Attorney
PUBLIC INPUT -None.
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:
A. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] -Two Cases
B. CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION [Govt.
Code ~ 54956.9(c)] -Two Cases
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8]
• Property Address/Description: 2345 Barranca Pkwy, APN: 434-021-22,
Army Reserve Center
A enc : City of Tustin
City/A ency Ne otiators: Christine Shingleton, Assistant City
Manager, George Schlossberg, Special
Counsel, and Amy Freilich, Special
Counsel
Ne otiating Parties: United States Government acting
through the Department of the Army,
represented by Stan Wallin and Jeremy
Hollis of the Army Corps of Engineers
Under Negotiation: Price and terms of payment
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8]
City Council and Redevelopment Agency November 15, 2011
Special Meeting Action Agenda Page 1 of 3
• Property Address/Descriptions: 3301 E. La Palma Avenue, Anaheim
Agency: City of Tustin
City/A ency Negotiators: Christine Shingleton, Assistant City
Manager, George Schlossberg, Special
Counsel and Amy Freilich, Special
Counsel
Negotiating Parties: Rickey Warner, Senior Vice President
CB Richard Ellis, Anaheim office; United
States Government acting through the
Department of the Army, represented by
Stan Wallin and Jeremy Hollis of the
Army Corps of Engineers
Under Negotiation: Price and terms of payment
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8]
• Property Address/Description: 2345 Barranca Pkwy, APN: 434-021-22,
Army Reserve Center
Agency: City of Tustin
City/Agency Negotiators: Christine Shingleton, Assistant City
Manager, George Schlossberg, Special
Counsel, and Amy Freilich, Special
Counse[
Ne otiating Parties: Vestar/Kimco Tustin, L.P., represented
by Allan Kasen
Under Negotiation: Price and terms of payment
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8]
• Property Address/Description: 1810-1816 North Tustin Avenue, Santa
Ana APN: 396-311-24
Agency: City of Tustin
City/Agency Negotiators: Douglas S. Stack, Director of Public
Works/City Engineer
Negotiating Parties: Hull Triangle LLC
Under Ne. otiation: Price and terms of payment
G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Cade 54956.8]
• Property Address/Description: 1828 North Tustin Avenue, Santa Ana,
APN: 396-333-01
Ac~encX: City of Tustin
City/Agency Negotiators: Douglas S. Stack, Director of Public
Works/City Engineer
Negotiating Parties: Jonathon Scott Newcom, trustee of the
Jonathan Scott Newcom Trust
Under Negotiation: Price and terms of payment
H. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt.
Code § 54956.9(a}] -Three 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
• SEMA Construction, Inc. v. City of Tustin, OCSC Case No. 00101147
City Council and Redevelopment Agency November 15, 2011
Special Meeting Action Agenda Page 2 of 3
I. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section
54957(b) -City Manager
Recessed at 4:32 p.m.
Reconvened at 7:26 p.m.
City Council and Redevelopment Agency November 15, 2011
Special Meeting Action Agenda Page 3 of 3
ATTACHMENT C
CITY COUNCIL ACTION AGENDA DECEMBER 6, 2011
ACTION AGENDA OF THE
JOINT REGULAR MEETING OF THE CITY COUNCIL,
REDEVELOPMENT AGENCY, AND TUSTIN HOUSING AUTHORITY
DECEMBER 6, 2011
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER -Meeting #2278 at 5:34 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Rebecca "Beckie"
Gomez and AI Murray
Absent: Councilmember Gavello
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: David E. Kendig, City Attorney
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:
A. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] -Two Cases
B. CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION
[Govt. Code § 54956.9(c)] -Two Cases
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government
Code 54956.8)
• Property Address/Description: Lots 1,2,3,4,5,6,7,8,9,10,11, II, D,
Final Map 17144; Lots 32, 34,
Tentative Tracts Map 17404; a portion
APN's 430-27-31 and 33 and a
portion of APN 430-37-10
Agency: City of Tustin
City Negotiators: Christine Shingleton, Assistant City
Manager and Amy Freilich, Special
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 1 of 18
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
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code
54956.8] -One Case
• Property Address/Description: Parcel 2, 3, and 4 of Parcel Map 2010-
137
Agency: City of Tustin
City/Agency Negotiators: Christine Shingieton, Assistant City
Manager
Ne otiating Parties Olson Real Estate Group, Inc., dba
R.D. Olson Development, represented
by Robert D. Olson
Under Negotiation: Price and Terms of Payment
E. CONFERENCE WITH LEGR~ COUNSEt_ -EXISTING LITIGATION [Govt.
Code § 54956.9(a)] -Four 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
• Mira Properties v City of Tustin, Orange County Superior Court Case
No. 30-2011-00522643
• T-Mobile West Corporation v. City of Tustin, et al, United States District
Court, Central District of California, Case No. SACV11-1854 JVS
(RNBx}
RECESSED AT 5:35 P.M.
RECONVENED AT 7:04 P.M.
JOINT CITY COUNCIL, REDEVELOPMENT AGENCY AND
TUSTIN HOUSING AUTHORITY MEETING
7:00 P.M.
CALL TO ORDER -Meeting #2278 at 7:04 p.m.
INVOCATION -Father AI Baca, St. Cecelia
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 2 of 18
PLEDGE OF ALLEGIANCE -Councilmember Gomez
ROLL CALL -City Clerk
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers/Commissioners
Rebecca "Beckie" Gomez and AI Murray
Absent: Councilmember Gavello
City Clerk: Pamela Stoker, City Clerk
Others Present: David E. Kendig, City Attorney
CLOSED SESSION REPORT -City Attorney David E. Kendig -The City Council voted 4-
0 to initiate litigation. The action, defendants and other particulars will be announced once
formally commenced and will be disclosed to any person upan inquiry.
PRESENTATION
• St. Cecelia School 50t" Anniversary (Father AI Baca, Father Thomas De Nguyen,
Mrs. Mary Alvarado, Jacquie Fiorentino)
ORAL COMMUNICATIONlPUBLIC INPUT
• Sharon Komorons
• Jenifer Murillo
• Harold Katzman
• Kay Kearney
• Jerry Sheppard
• Jeff R. Thompson
PUBLIC HEARING ITEM 1
1. CODE AMENDMENT 2011-05 - ALCOHOLIC BEVERAGE SALES
ESTABLISHMENTS 12,000 SQUARE FEET THRESHOLD
A presentation was given by Elizabeth Binsack, Director of Community
Development
The current Tustin City Code requires approval of a conditional use permit for
on-site and off-site alcoholic beverages sales except for businesses with at least
15,000 square feet of gross floor area and where the alcoholic sales area is less
than ten (10) percent of gross floor area; and defines "Convenience Store" as
any establishment under fifteen thousand (15,000) square feet in size where
food, beverage, magazine and auto related items, or combination thereof, are
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 3 of 18
sold for off-site consumption. Walgreens, the applicant, proposes that off-site
alcoholic sales establishments with at least 12,000 square feet where the
alcohalic sales area is less than ten (10) percent of gross floor area should be
exempt from the conditional use permit requirement and from the distance
requirements to sensitive uses and that these establishments should not be
classified as "Convenience Store."
On October 11, 2011, the Planning Commission considered the item and
recommended that the City Council deny Code Amendment 2011-05. The
applicant requested this item be continued from the City Council's meeting of
November 1, 2011, to provide them with adequate time to follow up on some of
the issues raised at the Planning Commission hearing. No additional information
has been submitted for Council consideration.
Applicant: Walgreen Co. Property Owner: Steven M. Brown
The public hearing opened at 7:46 p.m.
• Brian Fish
The public hearing closed at 7:59 p.m.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Gomez that the City Council adopt Resolution No. 11-78
upholding the Planning Commission's recommendation and denying Code
Amendment 2011-05.
Motion carried 4-0
RESOLUTION NO. 11-7$
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
DENYING GODS AMENDMENT 2011-05, A REQUEST TO AMEND
SECTIONS 9232a1.(a), 9271dd(1) AND 9297 TO ALLOW OFF-SITE
SALES OF ALCOHOLIC BEVERAGES BUSINESSES WITH MORE
THAN 12,000 SQUARE FEET AS OUTRIGHT PERMITTED USES IN
THE RETAIL COMMERCIAL (C-1) ZONING DISTRICT, REQUIRE
APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES
WITH LESS THAN 12,000 SQUARE FEET GROSS FLOOR AREA AND
WHERE THE ALCOHOLIC BEVERAGES SALES AREA IS MORE
THAN TEN (10) PERCENT OF THE GROSS FLOOR AREA AND
SUBJECT TO DISTANCE REQUIREMENTS TO SENSITIVE USES,
AND TO AMEND THE CONVENIENCE STORE DEFINITION BY
LOWERING THE SIZE OF ESTABLISHMENTS TO 12,000 SQUARE
FEET.
CONSENT CALENDAR ITEMS 2-20 - It was moved by
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 4 of 18
Councilmember/Agencymember/Commissioner Murray and seconded by Mayor Pro
TemlChair Pro Tem/Vice Chairman Nielsen to pull consent item 5 and to approve the
balance of the consent calendar items as recommended by staff.
Motion carried 4-0
2. APPROVAL OF MINUTES -SPECIAL AND REGULAR MEETINGS OF JOINT
CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON NOVEMBER
15, 2011
Recommendation: Approve the Action Minutes of the Special and Regular
Meetings of the Joint City Council and Redevelopment Agency held on
November 15, 2011.
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 Tustin Community Redevelopment
Agency obligations that are in accordance with the approved budget or
continued operations authorizations.
Recommendation: Approve Payroll in the amounts of $693,465.76 and
$677,258.07 and Demands in the amount of $5,177,675.97.
4. POLICE DEPARTMENT VEHICLE PURCHASES
Eight Police Department vehicles require replacement. The department has
determined the need to purchase three (3) 2012 Dodge Charger pursuit rated
vehicles; one (1) 2012 Chevrolet Tahoe pursuit rated vehicle; three (3) 2012
Dodge Caravans and one (1) 2012 Dodge Durango. Additionally, there will be a
need to award a contract for police equipment conversion work for newly
purchased police units.
Recommendation: That the City Council authorize:
1. The purchase of three (3) 2012 Dodge Charger police units from
McPeek's Dodge in Anaheim, California, in the amount of $80,780.55
(including tax, license, fees and delivery).
2. The purchase of one (1) 2012 Chevrolet Tahoe police unit from Wondries
in Alhambra, California, in the amount of $32,321.93 (including tax,
license, fees and delivery).
3. The purchase of three (3} 2012 Dodge Caravans from McPeek's Dodge
in Anaheim, California, in the amount of $63,849.00 (including tax,
license, fees and delivery).
4. The purchase of one (1) 2012 Dodge Durango from Tuttle-Glick Chrysler
Jeep Dodge in Tustin, California, in the amount of $25,311.68 (including
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 5 of 18
tax, license, fees and delivery).
5. The purchase of five (5) police vehicle graphic kits from North Star
Graphics in the amount of $1,685.63.
6. The purchase of seven {7) police equipment conversion packages from
10-8 Retrofit in Ontario, California in the amount of $37,221.95.
7. The Public Works Department will dispose of the retired surplus vehicles
at the next available public auction and credit net proceeds to applicable
City Revenue Fund.
5. ADOPT RESOLUTION NO. 11-79 TO APPROVE THE 2009 ORANGE
COUNTY TRANSPORTATION AUTHORITY COMMUTER BIKEWAYS
STRATEGIC PLAN
In order for the City to be eligible for grant funding under the State Bicycle
Transportation Account, the City must adopt a Citywide Bicycle Transportation
Plan (BTP). The Orange County Transportation Authority (OCTA) has prepared
the 2009 Commuter Bikeways Strategic Plan for the County of Orange which
complies with State requirements for a BTP. In lieu of preparing a separate
BTP, Tustin may adopt the OCTA plan, thereby making the City eligible far
future State funding.
Motion: It was moved by Councilmember Gomez and seconded by
Councilmember Murray that the City Council adopt Resolution No. 11-79,
approving the 2009 Orange County Transportation Authority Commuter
Bikeways Strategic Plan to serve as the City of Tustin Bicycle Transportation
Plan.
Motion carried 4-0
RESOLUTION NO. 11-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING THE 2009 ORANGE COUNTY
TRANSPORTATION AUTHORITY COMMUTER BIKEWAYS
STRATEGIC PLAN
6. AUTHORIZE USE OF THE COUNTY OF ORANGE'S COOPERATIVE
PURCHASING PROGRAM TO PURCHASE AND INSTALL WATER QUALITY
DEVICES CIP 50036
Staff is requesting City Council authorization to use the County of Orange's
Cooperative Purchasing Program to purchase and install water quality devices
for the Citywide Catch Basin BMP's Project CIP 50036, pursuant to Tustin City
Code Section 1624c.
Recommendation: That the City Council adopt Resolution No. 11-84 authorizing
the City of Tustin to use the County of Orange's Cooperative Purchasing
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 6 of 18
Program, pursuant to Tustin City Code Section 1624c, to contract with United
Storm Water, Inc. to purchase and install water quality devices at various
locations throughout the City for the Citywide Installation of Catch Basin BMP's
Project CIP 50036.
RESOLUTION NO. 11-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE USE OF THE COUNTY OF
ORANGE'S COOPERATIVE PURCHASING PROGRAM TO
PURCHASE AND INSTALL WATER QUALITY DEVICES FOR THE
CITYWIDE CATCH BASIN BMP'S PROJECT CIP 50036
7. ADOPT RESOLUTION 11-86 TO APPROVE PLANS AND SPECIFICATIONS
AND AUTHORIZE ADVERTISEMENT FOR BIDS TO REPLACE POLICE
DEPARTMENT HVAC UNITS (CIP 10032)
The plans and specifications to Replace HVAC Units at Police Department (CIP
10032) have been prepared and the project is ready to be bid.
Recommendation: That the City Council:
1. Adopt Resolution No. 11-86 approving plans and specifications for the
replacement of the Police Department HVAC Units (CIP 10032), and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 11-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS TO
REPLACE HVAC UNITS AT POLICE DEPARTMENT (CIP 10032)
$. ADOPT RESOLUTION NO. 11-88 TO ACCEPT IMPROVEMENTS FOR THE
PARK RE-CAMPING CIP NO. 20066 AND AUTHORIZE THE CITY ENGINEER
TO FILE THE NOTICE OF COMPLETION
Construction of the Park Re-Camping at Pine Tree, Peppertree and Frontier CIP
No. 20066, has been completed to the satisfaction of the City Engineer and is
now ready for City Council acceptance.
Recommendation: That the City Council:
1. Adopt Resolution No. 11-88 accepting the construction of the Park Re-
Lamping at Pine Tree, Peppertree and Frontier CIP No. 20066; and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
RESOLUTION NO. 11-88
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 7 of 18
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 CONSTRUCTION OF PARK RE-CAMPING AT
PINE TREE, PEPPERTREE AND FRONTIER CIP NO. 20066
9. ADOPT RESOLUTION NO. 11-89 TO APPROVE THE SUBMITTAL OF THE
2011 REGIONAL CAPACITY PROGRAM PROJECT APPLICATION TO THE
ORANGE COUNTY TRANSPORTATION AUTHORITY
City Council adoption of Resolution No. 11-$9 will approve submittal of the
City's project application far Renewed Measure M funds (Measure M2) under
the Comprehensive Transportation Funding Program (CTFPj, 2011 Cali for
Projects for the Regional Capacity Program. The Orange County Transportation
Authority (OCTA) requires City Council approval as part of the application
process.
Recommendation: That the City Council adopt Resolution No. 11-89 approving
the submittal of a project application to the Orange County Transportation
Authority (OCTA) for funding under the Renewed Measure M Comprehensive
Transportation Funding Program 2011 Call for Projects for the Regional
Capacity Program.
RESOLUTION NO. 11-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING THE SUBMITTAL OF AN IMPROVEMENT
PROJECT APPLICATION TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE
RENEWED MEASURE M COMPREHENSIVE TRANSPORTATION
FUNDING PROGRAM, 2011 CALL FOR PROJECTS FOR THE
REGIONAL CAPACITY PROGRAM
10. TUSTIN RANCH ROAD EXTENSION PROJECT -PHASE 1 ADDITIONAL
CONSTRUCTION CONTINGENCY AUTHORIZATION AND PHASE 2
AUTHORIZATION TO BID
With Phase 1 well underway, a number of unknown subsurface conditions have
been discovered through the gradinglexcavation operation to date. As a result,
staff is recommending an additional contingency authorization for Phase 1 of
15% due to the extensive nature and ongoing potential for new discovery as
work proceeds. Although same claims will be processed and handled through
the City's Pollution and Remediation Legal Liability Insurance Policy, other
instances of non-contaminated debrislexcessively wet material removal will not
qualify. The statutory limit pursuant to Public Contract Code is 10% but for
projects that are substantially complex and prone to higher environmentally
challenging conditions, limits are often set higher to manage and mitigate the
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 8 of 18
impact of such project related risks.
Secondly, the plans and specifications for Tustin Ranch Road, Valencia
Avenue, Park Avenue, and Legacy Road Phase 2 Roadway Improvements (CIP
No. 70100, 70204, 70206, 70214, and 70215} are being finalized and expected
to be ready to bid mid-December pending final approval of the proposed deep
sewer installation in the LIFOC by the Department of the Navy and final plan set
approval by the City Engineer.
Recommendation:
1. It is recommended that the City Council and Redevelopment Agency
authorize an additional 15°lo construction contingency from undesignated
unappropriated 2010 MCAS Tustin Tax Allocation Bond Fund (561)
proceeds for ongoing Phase 1 construction efforts and necessary change
orders to complete the work for the Phase I Tustin Ranch Road grading
and storm drain project (CIP No. 70100 and 70206).
2. It is recommended that the City Council adopt Resolution No. 11-87
approving the plans and specifications for the Tustin Ranch Road,
Valencia Avenue, Park Avenue, and Legacy Road Phase 2 Roadway
Improvements Construction Project (CIP No. 70100, 70204, 70206,
70214, and 70215), and authorize the City Clerk to advertise to receive
bids, subject to final plan approval by the Department of Navy and the
City Engineer, from the ten pre-qualified general contractors as approved
by City Council on October 4, 2011.
RESOLUTION NO. 11-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE
TUSTIN RANCH ROAD, VALENCIA AVENUE, PARK AVENUE, AND
LEGACY ROAD PHASE 2 ROADVI/AY IMPROVEMENTS
CONSTRUCTION PROJECT (CIP NO. 70100, 70204, 70206, 70214
AND 70215), AND AUTHORIZING ADVERTISEMENT FOR BIDS
11. LIMITATIONS ON GIFTS TO COUNCIL MEMBERS
At its meeting of October 4, 2011, the City Council requested that the topic of
gifts and gratuities to Council members be agendized for Council discussion.
The Council expressed concern that Council members may be subject to
different gift limits, gift disclosure requirements and travel reimbursement
requirements than are applicable to other professional City employees. If such a
discrepancy in gift disclosure limitations existed, Council directed the City
Attorney to return with a possible ordinance for Council's consideration, which
would impose the same limitations on gifts to Council members that apply to
other City employees.
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 9 of 18
This agenda report includes a discussion of existing State and City-imposed
limitations on gifts and travel to Council members and the City's other
designated employees.
Recommendation: Receive and file.
12. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 160 PACIFIC STREET
The Mills Act is State legislation that provides for reduced property taxes on an
eligible historic property if the property owner agrees to maintain and preserve
the property for a minimum of ten years. On June 16, 1997, the City Council
authorized the implementation of a Miiis Act program and established a policy
specifying which properties would be eligible for the program. Attachment A of
this report includes a draft historic property preservation agreement for the
property located at 160 Pacific Street. This is the fifteenth historic property
preservation agreement to be considered by the Council. The agreement
contains standard language that is required by State law and customized terms,
standards, and conditions for the property. Because the property is in very good
condition, the improvements required over the minimum 10-year contract term
are minor.
Owners: Gerald W. and Martha A. Montgomery
Recommendation: That the City Council adopt Resolution No. 11-90 authorizing
the execution of a Historic Property Preservation Agreement (Mills Act Contract)
with Gerald W. and Martha A. Montgomery, the owners of the property located
at 160 Pacific Street.
RESOLUTION NO. 11-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR AUTHORIZED
DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE THE
HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED
HERETO AS EXHIBIT 1 WITH THE OWNERS OF THE PROPERTY
LOCATED AT 160 PACIFIC STREET, TUSTIN, CALIFORNIA.
13. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 138 N. B STREET
The Mills Act is State legislation that provides for reduced property taxes on an
eligible historic properly if the property owner agrees to maintain and preserve
the property for a minimum of ten years. On June 16, 1997, the City Council
authorized the implementation of a Mills Act program and established a policy
specifying which properties would be eligible for the program. Attachment A of
this report includes a draft historic property preservation agreement for the
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 10 of 18
property located at 138 N. B Street. This is the sixteenth historic property
preservation agreement to be considered by the Council. The agreement
contains standard language that is required by State law and customized terms,
standards, and conditions for the property. Because the property is in very good
condition, the improvements required over the minimum 10-year contract term
are relatively minor.
Owners: Kevin and Sarah McGee
Recommendation: That the City Council adopt Resolution No. 11-91 authorizing
the execution of a Historic Property Preservation Agreement (Mills Act Contract)
with Kevin and Sarah McGee, the owners of the property located at 138 N. B
Street.
RESOLUTION NO. 11-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR AUTHORIZED
DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE THE
HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED
HERETO AS EXHIBIT 1 WITH THE OWNERS OF THE PROPERTY
LOCATED AT 138 N. B STREET, TUSTIN, CALIFORNIA.
14. SECOND AMENDMENT TO THE TUSTIN AUTO CENTER MERCHANTS
ASSOCIATION LEASE
Approval is requested to enter into a Second Amendment to the Lease
("Second Amendment") with the Tustin Auto Center Merchants Association
("Association"), extending an existing lease between the City and Tustin Auto
Merchants Association for City owned real property adjacent to the Tustin Auto
Center.
Recommendation: That the City Council approve the Second Amendment to the
Lease with the Association, extending their existing Lease with the City for real
property adjacent to the Tustin Auto Center, and authorize the Assistant City
Manager/Assistant Executive Director to execute the document.
15. CAPITAL PROJECTS FUND BUDGET APPROPRIATION FOR VARIOUS
REQUIRED TUSTIN LEGACY EXPENDITURES.
There are several required expenditures necessary to support the Tustin
Legacy project originally identified in the Tustin Legacy Disposition Strategy,
including purchase of an environmental insurance policy and support for any
required insurance deductibles on claim, any required reimbursements to the
Department of Toxic Substance Control (DTSC) for coordination on
environmental claims, preparation of Covenants, Gonditions & Restrictions
(CC&R's) for the Tustin Legacy project area and various planning studies,
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 11 of 18
including reexamination of water design features (lakes, fountains, etc.) in the
linear park areas costing approximately $1,000,000 for the MCAS Tustin
Redevelopment Project Area. Due to the constraints placed on the
Redevelopment Agency through AB 1X 26 and AB 1X 27, Staff is
recommending that the resources to fund the approximate $1,000,000 will be
from the Capital Projects Fund undesignated fund balance.
Recommendation: It is recommended that the City Council approve:
1. A budget appropriation in the amount of $1,000,000 out of the Capital
Projects Fund undesignated fund balance to be expensed out of the
Tustin Legacy Expenditure Account (200-40-00-7500) to fund the
purchase of the environmental insurance any required environmental
insurance deductible payments required for remediation claims, any
required reimbursements to the DISC for coordination on environmental
claims, the preparation of CC&R's for a portion of the Tustin Legacy
Project, and certain planning studies needed as identified in the Tustin
Legacy Disposition Strategy, including but not limited to the
reexamination of water elements.
2. The MCAS Tustin Redevelopment Project Area will repay the Capital
Projects Fund the $1,000,000 with tax increment dollars if the current
restraints are removed from the Tustin Community Redevelopment
Agency on AB 1X 26 and AB 1X 27 after the California Supreme Court
decision or from any future land sale proceeds that are not committed
under other Agreements for developer reimbursements or Tustin Legacy
Backbone Infrastructure obligations.
16. ENVIRONMENTAL INSURANCE - TUSTIN LEGACY PROJECT
City Council authorization is required to secure environmental insurance
coverage for certain property at the former MCAS Tustin.
Recommendation: It is recommended that the City Council authorize staff to
bind environmental insurance coverage from Catlin far portions of Tustin Legacy
property, subject to special legal counsel approval of all policy script and
endorsements.
17. 2010-2011 ANNUAL REPORT
Redevelopment Law requires that the Redevelopment Agency submit to the
legislative body an annual report for the preceding fiscal year.
Recommendation:
1. It is recommended the Redevelopment Agency receive and file its Annual
Report for Fiscal Year ("FY") 2010-2011 and transmit such report to the
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 12 of 18
Tustin City Council.
2. It is recommended that the City Council take the following actions:
a. Receive and file the Redevelopment Agency's Annual Report for
FY 2010-2011.
b. Direct that a copy of the Redevelopment Agency's Annual Report
for FY 2010-2011 and all other required reporting documents and
forms be executed in final form and filed with the City of Tustin,
the State Controller and State Department of Housing and
Community Development.
18. FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT
2011-01 (TUSTIN GATEWAY PROJECT)
Approval is requested of a First Amendment Agreement to Disposition and
Development Agreement (DDA 2011-01) for the Tustin Gateway Project
between the City of Tustin and Olson Real Estate Group, Inc. dba R.D. Olson
Development ("Developer") for the sale and development of certain property
within the Pacific Center East Specific Plan Area.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution N'o.11-92 finding that the First Amendment to DDA
2011-01 is within the scope of the previously approved Final
Environmental Impact Report (EIR) 90-01 for the Pacific Center East
Specific Plan certified on December 17, 1990 and Supplemental #1 to
Final EIR 90-01 certified on May 5, 2001 (collectively, the Pacific Center
East Environmental Documents), and no additional analysis or
documentation is required under CEQA.
2. Approve and authorize the City Manager, or Assistant City
Manager/Assistant Executive Director, to execute the First Amendment
to DDA 2011-01, subject to non-substantial modifications as may be
determined necessary and recommended by the City's Special Counsel
prior to execution, and to carry out all actions necessary to implement the
amendment including execution of all related documents and
instruments.
RESOLUTION NO. 11-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING THE FIRST AMENDMENT TO DISPOSITION RND
DEVELOPMENT AGREEMENT 2011-01 (TUSTIN GATEWAY
PROJECT) ALSO REFERRED TO AS "DDA 2011-01" BETWEEN THE
CITY OF TUSTIN ("CITY") AND R.D. OLSON REAL ESTATE GROUP,
INC. ("DEVELOPER")
19. TUSTIN HOUSING AUTHORITY 2010-2011 ANNUAL MEETING
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 13 of 18
The annual meeting for the Tustin Housing Authority.
Recommendation: It is recommended the Tustin Housing Authority
Commissioners open and close their Annual Meeting. There are no agenda
items for the FY 2010-2011 Meeting.
20. DECLARATION OF SURPLUS PROPERTY
The City has accumulated a quantity of obsolete and/or damaged computer and
other equipment. The listed equipment is no longer usable or required for public
use.
Recommendation:
1. Declare the listed equipment surplus and not required for public use.
2. Authorize staff to sell/have auctioned serviceable equipment of value and
dispose of assets beyond repair.
REGULAR BUSINESS ITEMS 2'I-25
21. WIRELESS COMMUNICATIONS MASTER PLAN
Staff has been asked to agendize for City Council discussion the City's Wireless
Master Plan and its current status.
Motion: It was moved by Councilmember Murray and seconded by
Councilmember Gomez to continue the item indefinitely.
Motion carried 4-0
22. 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 Code to
refer to the Director of the Finance Department, rather than the
Community Development Department.
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 14 of 18
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Gomez that the City Council introduce and have the first
reading of Ordinance No. 1409; and, set the second reading at the Council's
next scheduled meeting.
Motion carried 4-0
ORDINANCE NO. 1409
AN ORDINANCE OF THE CITY 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.
23.
2011 FIRE HAZARD SEVERITY ZONE MAPS
On October 25, 2011, the California Department of Forestry and Fire Protection
(Cal Fire) farwarded a map depicting its recommendatians for a Very High Fire
Hazard Severity Zone in the City of Tustin. State law requires Cal Fire to make
such recommendations and describes local agency responsibilities upon receipt
of this information. Properties located within these zones are subject to
numerous State Building Code and real estate disclosure requirements. For
these recommendations to be applicable, the map must be adopted as part of
an ordinance by the Tustin City Council.
On November 3, 2011, Cal Fire and the Orange County Fire Authority (OCFA)
jointly forwarded a map depicting their recommendations for High and Moderate
Fire Hazard Severity Zones in the City of Tustin. Cal Fire and OCFA have
requested that the City of Tustin consider use of the information for public
awareness and education, and to improve public safety through possible
modifications to adopted building standards. Properties located within these
zones may be subject to numerous State Building Code and real estate
disclosure requirements. Unlike the Very High Fire Hazard Severity Zone
(FHSZ) map mentioned above, there is no statutory requirement far the City of
Tustin to take action an this recommendation.
• Brett Petroff
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Murray that the Tustin City Council:
Direct the City Manager to forward correspondence to Cal Fire
(Attachment 1) that the requirement to adopt the Very High FHSZ map is
an unfunded state mandate and that the matter will only be considered by
the Tustin City Council following State provision of funds to reimburse the
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 15 of 18
City of Tustin for the costs associated with increased levels of service
associated with the program.
2. Receive and file CAL FIRE and OCFA's recommendations for High and
Moderate Fire Hazard Severity Zones in the City of Tustin.
Motion carried 4-0
24. LEGISLATIVE REPORT
None.
25. MAYOR AND MAYOR PRO TEM SELECTION/CHAIR AND CHAIR PRO TEM
SELECTION
The City Council/Redevelopment Agency selects those members of the
Council/Redevelopment Agency who will serve as Mayor and Mayor Pro Tem,
and Chair and Chair Pro Tem.
Motion: Mayor Amante, seconded by Councilmember Murray, moved to select
Mayor Pro Tem Nielsen as Mayor of the City Council far the 2012 year.
Motion carried 4-0
Motion: Mayor Nielsen, seconded by Councilmember Amante, moved to select
Councilmember Murray as Mayor Pro Tem of the City Council for the 2012 year.
Motion carried 4-0
OTHER BUSINESS/COMMITTEE REPORTS
Councilmember Gomez
• Attended Mayor's Thanksgiving breakfast; thanked Foundation for grants; was
pleased that Tustin High baseball received a grant for its scoreboard
• Attended the Ribbon Cutting at the new OfficeMax
• Attended the Enderle Center holiday gathering
• Attended Tustin High School Model United Nations opening ceremonies
• Attended Encore Dinner Theatre & Club Ribbon Cutting; announced grand opening
this weekend
• Met with Chancellor and administrators at ATEP campus at Legacy
• Attended Tustin Foothill CIF playoff game; Tustin won a victory in final minutes and
will be heading to CIF finals on Saturday; Beckman also won its playoff games and
will be going to CIP finals on Friday; wished good luck to both schools
• Attended Pageant of Trees fundraiser in South Gate where her Uncle Henry
Gonzalez, along-time Councilmember, was honored for service to youth
• Shared a great article about the Tustin Library in READOC.org newsletter;
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 16 of 18
organization promotes literacy for adults
• Was pleased to see publicity chair for Tustin Tiny Tots at this meeting; encouraged
all to attend the event
• Thanked staff for expertise and efforts over the year in her transition as
councilmember and for all they do for the city
• Wished all a great holiday season
councilmember Amante
• Thanked the Tustin Community Foundation for kicking off the holiday season and
for all they do and thanked former Mayor Puckett for leading the organization
• Congratulated the new Mayor and Mayor Pro Tem
• Congratulated Tustin High School and Beckman; congratulated Tustin Cobras, a
Pop Warner team playing for championship
• Wished all a Happy Hanukah and Merry Christmas
Mayor Pro Tem Murray
• Stated that 50-0 is a great score (referring to the USC/UCLA game)
• Attended the first meeting of the Chili Cookoff and Street Fair; Donna Peery is chair
and doing a great job
• Attended the OCTA's Citizens Advisory Committee meeting
• Attended OC Vector Control District Trustee Board meeting
• Met with the Christian Men's Business Group of which AI Enderle is an integral
member
• Attended the Mayor's Thanksgiving breakfast; thanks to Erin Nielsen for the great
job of the Tustin Community Foundation
• Met at the ATEP campus and discussed future development plans with the
Chancellor and staff
• Attended Tustin Area meeting where Senator Mimi Walters gave an update on the
state budget and redistricting situation
• Attended a Tustin Historical Museum meeting at the Tustin Senior Center where
former Mayor Don Saltarelli gave a historical perspective of the Tustin Ranch area
development; talked to former Mayor Tony Coca who was instrumental in the
growth of the community
• With his family served Thanksgiving meals at the Orange County Rescue Mission
• Attended ACCOC legislative committee meeting
• With his family rode in the Santa Sleigh Friday evening; thanked Tustin PD for the
great job they do
• Announced that the Turkey Bowl event organized by Tustin PD raised over $4,000
to 150 needy families in Tustin
• Attended ACCOC 100°lo connectivity symposium re wireless networks throughout
the county
• Attended the Tustin Police Awards and Christmas Dinner; thanked PD
• Congratulated Beckman and Tustin High
• Looks forward to the Christmas lighting ceremony Friday, December 9, at 6:00 p.m.
• Thanked Mayor Amante and stated the City of Tustin is a better place because of
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 17 of 18
him
• Congratulated Mayor Nielsen
• Thanked citizens of Tustin far support
• Happy Holidays to the community
• Thanked staff for assistance
Mayor Nielsen
• Attended the Orange County Sanitation District Steering Committee meeting where
its 5-year strategic plan was approved and attended Board of Directors meeting
• Attended the Orange County Fire Authority Board of Directors meeting
• Attended Encore Dinner Theater & Club Ribbon Cutting
• Attended the Tustin High School and Foothill playoff game; congratulated Tustin
High and Beckman for their victories and Foothill for a great season
• Congratulated Mayor Pro Tem Murray
• Thanked family and friends for support
• Thanked previous mayors attending and those serving on city councils previously
• Thanked Mayor Amante for dedicated service to the city; .has shown great
leadership; had many .accomplishments during term; Tustin is one of the safest
cities in Orange County, is in great fiscal shape, and the Legacy is back on track
because of his leadership
• Thanked staff for their hard work
• Thanked Bill Huston for being Interim City Manager and invaluable assistance
• Looks forward to new year as mayor in new opportunities, working with colleagues
and staff, residents and continuing with many projects
RECEPTION IMMEDIATELY FOLLOWING COUNCIL MEETING
ADJOURNED at 8:55 p.m. -The next regular meeting is scheduled for Tuesday, January
3, 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.
ADJOURNED IN THE MEMORY OF RICHARD DIXON
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 18 of 18
ATTACHMENT D
CITY COUNCIL ACTION AGENDA JANUARY 3, 2012
ACTION AGENDA OF THE
JOINT REGULAR MEETING OF THE CITY COUNCIL, REDEVELOPMENT AGENCY,
AND TUSTIN HOUSING AUTHORITY
JANUARY 3, 2012
GLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER -Meeting #2279 at 5:31 p.m.
ATTENDANCE
Present: Mayor/Chair John Nielsen, Mayor Pro TemlChair Pro Tem AI
Murray, and Councilmembers/Agencymembers Jerry Amante,
Rebecca "Beckie" Gomez and Deborah Gavello
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: David E. Kendig, City Attorney
PUBLIC INPUT -None
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:
A. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] -Two Cases
B. CONFERENCE WITH LEGAL 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
Cade 54956.8)
• Property Address/Description: 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
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 this agenda will be made available for public inspection in the City Clerk's
office located at 300 Centennial Way, Tustin, CA during normal business hours.
Agency: City of Tustin
City Negotiators: Christine Shingleton, Assistant City
Manager and Amy 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. CONFERENCE 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. City 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 Court Case No.
30-2011-00522643
RECESSED AT 5:32 p.m.
RECONVENED AT 7:03 p.m.
JOINT CITY COUNCIL, REDEVELOPMENT AGENCY AND
TUSTIN HOUSING AUTHORITY MEETING
7:00 P.M.
CALL TO ORDER -Meeting #2279 at 7:03 p.m.
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE -
American Legion
ROLL CALL -City Clerk
Present: MayorlChair John Nielsen, Mayor Pro Tem/Chair Pro TemlVice
Chairman AI Murray, and CouncilmemberslAgencymembers/
Commissioners Jerry Amante, Rebecca "Beckie" Gomez and
Deborah Gavello
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: David E. Kendig, City Attorney
City Council, Redevelopment Agency and January 3, 2012
Tustin Housing Authority Regular Meeting Action Agenda Page 2 of 11
CLOSED SESSION REPORT -City Attorney David E. Kendig
In Closed Session, the City Council voted unanimously to deny the claims of Cameron
Santos and Cindy Johnson; otherwise, no reportable action was taken
PRESENTATION
• Orange County Human Relations (Dr. Geurpreet Ahuja)
ORAL COMMUNICATION/PUBLIC INPUT
• Hannah Dunning
CONSENT CALENDAR ITEMS 1-9 - It was moved by Mayor Pro Tem/Chair Pro
Tem/Vice Chairman Murray and seconded by Councilmember/Agencymember/
Commissioner Amante to pull consent items 7 and 8 and to approve the balance of the
consent calendar items as recommended by staff.
Motion carried 5-0
2
3
APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL,
REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY HELD ON
DECEMBER 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.
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
The City Council has approved the use
expedite the payment of City of Tustin
Agency obligations that are in acco
continued operations authorizations.
of Government Code Section 37208 to
and Tustin Community Redevelopment
-dance with the approved budget or
Recommendation: Approve Payroll in the amounts of $662,228.19 and
Demands in the amount of $6,786,152.37.
STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS
Redevelopment Agency staff provides on a monthly basis an update of
redevelopment related projects.
City Council, Redevelopment Agency and January 3, 2012
Tustin Housing Authority Regular Meeting Action Agenda Page 3 of 11
Recommendatian: 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 for the property owner of 1712 Nisson Road.
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 StreeUBolsa 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).
Recommendatian: That the City 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 STREET/BOLSA 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)
City Council, Redevelopment Agency and January 3, 2012
Tustin Nousing Authority Regular Meeting Action Agenda Page 4 of 11
6. APPROVE COOPERATIVE AGREEMENTS NO. C-1-3023 AND C-1-3024
WITH OCTA FOR WRRNER 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).
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.
Councilmember Gavello moved to continue the item for one month in order for
an evaluation of Mr. Jeffries' services to be done by the City Manager; motion
died for lack of a second.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tem Murray 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.
Motion carried 4-1 (Gavello dissenting)
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
City Council, Redevelopment Agency and January 3, 2012
Tustin Housing Authority Regular Meeting Action Agenda Page 5 of 11
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.
Motion: It was moved by Councilmember Gavello and seconded by
Councilmember Gomez to:
1. Adopt the City of Tustin Investment Policy for calendar year 2012 with
the addition on page 3 of 7 of item "n" under "Quarterly Reports" which
states, "The ratings of all securities will be shown."
2. Continue delegation of the Investment Policy to G. W. Jeffries and
Associates.
Motion carried 5-0
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
CC&R's for the Tustin Legacy Project, maintenance budgets and assessment
schedules, and Department of Real Estate submittals.
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 the 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 10-12
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:
City Council, Redevelopment Agency and January 3, 2012
Tustin Housing Authority Regular Meeting Action Agenda Page 6 of 11
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 Code to
refer to the Director of the Finance Department, rather than the
Community Development Department.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tem Murray to have second reading by title only and adoption of Ordinance No.
1409 (roll call vote).
Motion carried 4-0-1 (Gavello abstaining)
ORDINANCE NO. 1409
AN ORDINANCE OF THE CITY 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
The City Council is required to make appointments to various governmental
agencies, boards and committees on which the City has representation. New
appointments or reappointments of delegates and alternates are historically
made at the first Council meeting of the year.
Recommendation:
1. Appoint a Director and Alternate Director to serve on the FoothilllEastern
Transportation Corridor Agencies Board of Directors;
It was moved by Mayor Nielsen and seconded by Mayor Pro Tem Nielsen to
appoint Councilmember Amante as Director; Councilmember Rmante left the
room
Motion carried 3-1 (Gavello dissenting)
It was moved by Councilmember Amante and seconded by Mayor Nielsen to
nominate Mayor Pro Tem Murray as Alternate Director; Mayor Pro Tem
Murray left the room
Motion carried 4-0
City Council, Redevelopment Agency and January 3, 2012
Tustin Housing Authority Regular Meeting Action Agenda Page 7 of 11
2. Appoint a Director and Alternate Director to serve on the Orange County
Fire Authority's Board of Directors;
It was moved by Mayor Nielsen and seconded by Councilmember Amante to
appoint Mayor Pro Tem Murray as Director; Mayor Pro Tem Murray left the
room
Motion carried 4-0
It was moved by Councilmember Gavello to nominate Councilmember
Gomez as Alternate Director
Motion failed due to lack of a second
It was moved by Councilmember Amante and seconded by Mayor Pro Tem
Murray to appoint Mayor Nielsen as Alternate Director; Mayor Nielsen left
the room
Motion failed 2-2 (Gavello and Gomez dissenting)
It was moved by Councilmember Amante and seconded by Mayor Pro Tem
Murray to appoint Mayor Nielsen as Alternate Director; it was moved by
Councilmember Amante and seconded by Councilmember Gavello to
nominate Councilmember Gomez as Alternate Director; Mayor Nielsen and
Councilmember Gomez left the room;
Motion to appoint Mayor Nielsen as Alternate Director carried 2-1 (Gavello
dissenting)
Motion to appoint Councilmember Gomez as Alternate Director failed 1-2
(Amante and Murray dissenting)
3. Appoint a Director and Alternate Director to serve on the Orange County
Sanitation District Board of Directors;
It was moved by Councilmember Gavello to appoint Councilmember Gomez
as Director
Motion failed for lack of a second.
It was moved by Councilmember Amante and seconded by Mayor Pro Tem
Murray to appoint Mayor Nielsen as Director; Mayor Nielsen left the room
Motion carried 4-0
It was moved by Mayor Nielsen and seconded by Mayor Pro Tem Murray to
City Council, Redevelopment Agency and January 3, 2012
Tustin Housing Authority Regular Meeting Action Agenda Page 8 of 11
appoint Councilmember Amante as alternate; Councilmember Amante left
the room
Motion carried 3-1 (Gavello dissenting)
4. Appoint a Representative to serve on the Southern Galifornia Association
of Governments Board of Directors;
It was moved by Councilmember Amante and seconded by Mayor Pro Tem
Murray to appoint Mayor Nielsen as Representative; Mayor Nielsen left the
room
Motion carried 4-0
5. Adopt a resolution entitled: A Resolution of the Gity 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
It was moved by Councilmember Amante and seconded by Mayor Pro Tem
Nielsen to approve items 5 and 6.
Motion carried 5-0
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
An update was given by Christine Shingleton regarding the recent Supreme
Court decision affecting Redevelopment Agencies.
OTHER BUSINESSICOMMITTEE REPORTS
City Manager Jeff Parker:
• Noted that an RFP for 1A and 2A regarding Tustin Legacy is on the dais for the City
Council's review
Councilmember Gavello:
• Wished a healthy and Happy New Year to councilmembers and all
• Was sorry to miss the last meeting
City Council, Redevelopment Agency and January 3, 2012
Tustin Housing Authority Regular Meeting Action Agenda Page 9 of 11
• Congratulated new Mayor and Mayor Pro Tem
• Welcomed new City Manager, Jeff Parker
• Attended ribbon cutting of Encore dinner theater
• Attended Tustin Police Officers Association holiday dinner
Councilmember Gomez:
• Attended the tree lighting which had good entertainment and attendance; thanked
Dave Wilson and staff
• Welcomed Jeff Parker
Councilmember Amante:
• Attended the Christmas tree lighting; thanked Dave Wilson for a great job
• Traveled to Washington, D.C. for OCTA and testified before the Congressional
Transportation and Infrastructure Subcommittee regarding criticisms by OCTA on
the high speed rail plan; as a result of testimonies, 12 members of Congress
authored a letter asking for the GAO to do a complete audit of the investment plan
in California
• Welcomed Jeff Parker
• Wished everyone a Happy New Year and prosperous 2012
Mayor Pro Tem Murray:
• Attended the Tustin employee appreciation event; thanked Kristi Recchia for the
well-orchestrated program
• Attended the annual tree lighting
• Attended the Tustin High School CIF championship game against EI Toro; Tillers
came through with a 25-18 victory; 1St time since 1948
• Saw Channel 7 news bite on Tustin High sophomore president Rob Nelson who
was named ABC's "cool kid" for RecycleNOW, a campus recycling project
benefitting the special education department. He is also an Eagle Scout
• Congratulated Encore dinner theater for its grand opening
• Attended and spoke at Tustin AYSO's all-star ceremony
• Attended Ladera Elementary School winter program where daughter, Emily,
performed
• Attended the Orange County Vector Control District meeting
• Complimented City Treasurer George Jeffries for his fine work as well as Director
Pam Arends-King and her staff
• Announced the Mayor's Inaugural Dinner, which is one of Tustin Community
Foundation's biggest fundraisers, will be held February 2 at the Tustin Ranch Golf
Club
• Welcomed Jeff Parker and thanked him for coming on board
• Wished everyone a Happy New Year
Mayor Nielsen:
• Welcomed new City Manager Jeff Parker; looks forward to 2012
• Attended Orange County Sanitation District Operations Committee, Steering
City Council, Redevelopment Agency and January 3, 2012
Tustin Housing Authority Regular Meeting Action Agenda Page 10 of 11
Committee and Board of Directors meetings
• Attended the tree lighting ceremony; welcomed Santa and lit the tree; thanked
Dave Wilson and staff for a great event
• Attended the Tustin High School dance team holiday program
• Attended the employee recognition luncheon
• Congratulated Tustin Tillers CIF champion team
• Congratulated Orange County Coach of the Year Myron Miller (Tustin High School
football team)
• Congratulated Boyd Philpot, Orange County Coach of the Year for the Tustin Tiller
water polo team
• Attended the senior birthday luncheon in November
• Congratulated Josh Littman who received his Eagle Scout award; attended his
Court of Honor; congratulated his mother and father
• Thanked the City Council for its confidence in him in appointing him as mayor
• Shared ideas and goals for 2012
o Create Tustin's first multi-year strategic plan
o Find creative ways to keep Tustin Legacy development moving forward;
thanked Christine Shingleton for management of project
o Give public greater access to him with regular office hours
o Safeguard general budget with 15% or greater reserve set in ordinance form
ADJOURNED at 8:18 p.m. -The next regular meeting is scheduled for 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, 2012
Tustin Housing Authority Regular Meeting Action Agenda Page 11 of 11