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Home My WebLink AboutCC Minutes 2012-01-03MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, REDEVELOPMENT AGENCY, AND TUSTIN HOUSING AUTHORITY JANUARY 3, 2012 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER -Meeting #2279 at 5:31 p.m. ATTENDANCE Present: Mayor/Chair John Nielsen, Mayor Pro Tem/Chair 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. Gode § 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 Camerae 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 Agent: City of Tustin City Council, Redevelopment Agency and January 3, 2012 Tustin Housing Authority Regular Meeting Minutes Page 1 of 11 City Negotiators: Christine Shingleton, Assistant City Manager and Amy Freilich, Special Counsel NegotiatincLParties: 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 TemNice Chairman AI Murray, and Councilmembers/Agencymembersl Commissioners Jerry Amante, Rebecca "Beckie" Gomez and Deborah Gavello Absent: None Gity 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 Minutes 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 COMMUNICATIONIPUBLIC 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 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. 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 Ci#y 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 $fi62,228.19 and Demands in the amount of $6,7$6,152.37. 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. City Council, Redevelopment Agency and January 3, 2012 Tustin Housing Authority Regular Meeting Minutes Page 3 of 11 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. 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 Street/Bolsa 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 Gall for Projects for the Competitive Measure M2 Traffic Signal Synchronization Program {Project P). Recommendation: 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 far the Renewed Measure M Regional Traffic Signal Synchronization Program. RESOLUTION NO. 12-02 A RESOLUTION OF THE GITY COUNCIL OF THE GITY 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 __ City Council, Redevelopment Agency and January 3, 2012 Tustin Housing Authority Regular Meeting Minutes Page 4 of 11 WITH OCTA FOR WARNER AVENUE AND TUSTIN AVENUE SIGNAL SYNCHRONIZATION PROJECTS GIP 44481 Staff is requesting that the City Council approve Cooperative Agreements Na. C-1-3423 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 bath projects. Work will be performed under the OCTA Competitive Measure M2 Traffic Signal Synchronization Program (Project P). Recommendation: Tha# the City Council approve Cooperative Agreements No. C-1-3023 and G-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 Glerk 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 (Councilmember Gavello dissenting) RESOLUTION NO. 12-D4 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 City Council, Redevelopment Agency and January 3, 2012 Tustin Housing Authority Regular Meeting Minutes Page 5 of 11 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 Departmen# of Real Estate submittals. Recommendation: That the City Council: 1. Authorize the City Manager or Assistant Executive Director to execute the attached CSR 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: 1. Amend Part 2 of Chapter 5 of Article 3 of the Tustin City Code to provide City Council, Redevelopment Agency and January 3, 2012 Tustin Housing Authority Regular Meeting Minutes Page 6 of 11 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. 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 (Councilmember Gavello abstaining} ORDINANCE NO. 14Q9 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 Amante left the room. Motion carried 3-1 {Councilmember 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. Mo#ion carried 4-0 2. Appoint a Director and Alternate Director to serve on the Orange County City Council, Redevelopment Agency and January 3, 2012 Tustin Housing Authority Regular Meeting Minutes Page 7 of 11 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 (Councilmember Gavello and Councilmember 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 (Councilmember Gavello dissenting). Motion to appoint Councilmember Gomez as Alternate Director failed 1-2 (Councilmember Amante and Mayor Pro Tem 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 Minutes Page 8 of 11 appoint Councilmember Amante as alternate; Councilmember Amante left the room Motion carried 3-1 (Councilmember Gavello dissenting} 4. Appoint a Representative to serve on the Southern California 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 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 Gity 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-Q5 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 BUS11dESS1COMMITTEE 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 Gity Council, Redeveiopment Agency and January 3, 2012 Tustin Housing Authority Regular Meeting Minutes 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 far 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 Minutes 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} • Gangratulated Boyd Philpot, Orange County Coach of the Year far the Tustin Tiller wa#er polo team • Attended the senior birthday luncheon in November • Congratulated Josh Littman who received his Eagle Scout award; attended his Court of Hanor; congratulated his mother and father • Thanked the City Council for its confidence in him in appointing him as mayor • Shared ideas and goals for 2412 o Create Tustin's first multi-year strategic plan o Find creative ways to keep Tustin Legacy development moving forward; thanked Christine Shingleton far management of project o Give public greater access to him with regular office hours o Safeguard general budget with 15°l0 or greater reserve 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. _,~~. s_ JOHN NIE~SEN, `{PAMELA STOKER, Mayor City Clerk City Council, Redevelopment Agency and January 3, 2012 Tustin Housing Authority Regular Meeting Minutes Page 11 of 11