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Home My WebLink About00 CC AGENDA 04-17-12CITY OF TUSTIN APRIL 17, 2012 REGULAR MEETING OF THE ♦ COUNCIL CHAMBER CITY COUNCIL � 300 CENTENNIAL WAY, TUSTIN Al Murray, Mayor Pro Tern Jeffrey C. Parker, City Manager Jerry Amante, Councilmember John Nielsen, Mayor David E. Kendig, City Attorney Deborah Gavello, Councilmember Pamela Stoker, City Clerk Rebecca "Beckie" Gomez, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2287 ATTENDANCE PUBLIC INPUT — Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] — Two Cases 3. LABOR NEGOTIATIONS [Government Code Section 54957.6] Agency Negotiators: Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Employee Organization: Employee Organization: Employee Organization: Tustin Municipal Employees Association (TMEA) Tustin Police Officers Association (TPOA) Tustin Police Support Service Association (TPSSA) Tustin Police Management Association (TPMA) 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. Employee Organization: Part-Time Unrepresented Employees Employee Organization: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employee Organization: Executive Management and Management 4. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 • Consideration of Claim of Elizabeth Landeros on behalf of her minor, Claim No. 12 -11 • Consideration of Claim of Marie Sales, Claim No. 12 -06 5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — five cases • City of Tustin v. Keybank, N.A., Case #30- 2011 - 00529736- CU- FR -CXC • 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) • Mira Properties v City of Tustin, Orange County Superior Court Case No. 30 -2011- 00522643 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) • Property Address /Description: A portion of Parcel 1 of Tract 16696 Agency: City Negotiators: Negotiating Parties: Under Negotiation: • Property Address /Description Agency: City Negotiators: Negotiating Parties: City Council Regular Meeting Agenda and a portion of Parcel 1 as shown on Record of Survey No 99 -1048 City of Tustin Jeffrey C. Parker, City Manager, Christine Shingleton, Assistant Executive Director, and special real estate counsel Amy Freilich Vestar /Kimco Tustin, L. P., represented by Allan Kasen and Jeff Axtell. Price and terms of payment Tustin Legacy Disposition Package 2A to include sale of Parcels 29,30,38, 39, Lot N, Lot M, and Lot WWWW of tract 17404 and L; Disposition Package 1A North to include sale of Parcel 20, Lot PPP, and Lot NNN of Tract 17404 City of Tustin Christine Shingleton, Assistant Executive Director and special real estate counsel Amy Freilich Dan Young, President of Irvine Company Community Development on April 17, 2012 Page 2 of 9 behalf of Irvine Company LLC; Steve Eggert and Peter Geremia, co- owners and on behalf of St. Anton Partners, LLC. Under Negotiation: Price and terms of payment REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2287 INVOCATION — Mayor Pro Tern Murray PLEDGE OF ALLEGIANCE — Councilmember Gomez ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • Fair Housing Foundation (Martha Torres, Director of Investigations, Fair Housing Foundation) • Donate Life Walk/Run (Donate Life Ambassador Kevin Padilla) • Costa Mesa (55) Freeway (Arshad Rashedi, OCTA) • SR 241 Extension (Tesoro Extension) — (David Lowe, Acting Chief Engineer of Transportation Corridor Agencies) ORAL COMMUNICATION /PUBLIC INPUT — At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Item 1) City Council April 17, 2012 Regular Meeting Agenda Page 3 of 9 1. RESOLUTION NO. 12 -27 (OLD TOWN PARKING EXCEPTION FEE AUTHORIZED BY ORDINANCE NO. 1416) On March 20, 2012, the Tustin City Council unanimously approved first reading, and on April 3, 2012, adopted Ordinance No. 1416 to supplement Tustin City Code Section 9252j3(d)(3) by establishing a new parking exception option that would allow all or a portion of an Old Town infill development project's required on -site parking spaces to be met through the payment of an annual fee intended to compensate the City for the proportional use and maintenance of public parking spaces in the area. City Council support of Ordinance No. 1416 requires a public hearing prior to the subsequent establishment of the new annual parking maintenance fee. As proposed for City Council consideration in Resolution No. 12 -27, the annual maintenance fee would be $60.00 per space. Recommendation: That the City Council conduct a public hearing on the matter, and adopt Resolution No. 12 -27 establishing an annual parking maintenance fee of $60 per space, as authorized by Ordinance No. 1416 (Attachment A), RESOLUTION NO. 12 -27 A RESOLUTION OF THE TUSTIN CITY COUNCIL ESTABLISHING AN ANNUAL FEE FOR THE USE AND MAINTENANCE OF PUBLIC PARKING IN OLD TOWN TUSTIN AS AUTHORIZED BY ORDINANCE NO. 1416 CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk (Agenda Items 2 through 12) 2. APPROVAL OF MINUTES — SPECIAL AND REGULAR MEETINGS OF CITY COUNCIL HELD ON APRIL 3, 2012 Recommendation: That the City Council approve the Action Minutes of the Special and Regular Meetings of the City Council held on April 3, 2012. 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 Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amount of $690,244.19 and Demands City Council April 17, 2012 Regular Meeting Agenda Page 4 of 9 in the amount of $3,784,154.85.. 4. DESTRUCTION OF RECORDS — POLICE DEPARTMENT Government Code Section 34090 and the City of Tustin Records Retention Schedule (Resolution No. 01 -91) permit the destruction of records which meet certain criteria with the approval of the City Council by resolution and the written consent of the City Attorney. Penal Code Section 832.5 requires the Police Department to retain certain reports and records relating to administrative investigations for a period of at least five years before being disposed of in accordance with Government Code Section 34090. Recommendation: Adopt Resolution No. 12 -34 authorizing the destruction of certain police records no longer required in possession of the Tustin Police Department. RESOLUTION NO. 12 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE'POSSESSION OF THE TUSTIN POLICE DEPARTMENT THAT ARE NO LONGER REQUIRED FOR TUSTIN POLICE DEPARTMENT BUSINESS PURSUANT TO GOVERNMENT CODE SECTION 34090, PENAL CODE SECTION 832.5, AND THE CITY OF TUSTIN RECORDS RETENTION SCHEDULE 5. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR TUSTIN SPORTS PARK BASEBALL DIAMOND #2 RENOVATION (CIP No. 20060) This project includes improvements to the infield playing surface, infield irrigation, dugout structures, backstop, and pitcher's mound. Recommendation: Staff recommends that the City Council approve Resolution No. 12 -36, approving plans and specifications for the renovation of Tustin Sports Park Baseball Diamond #2 (CIP No. 20060) and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 12 -36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR TUSTIN SPORTS PARK BASEBALL DIAMOND #2 RENOVATION. 6. SIXTH AMENDMENT TO THE INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT RELATED TO THE DISTRICT AT TUSTIN LEGACY City Council April 17, 2012 Regular Meeting Agenda Page 5 of 9 Approval is requested of a Sixth Amendment to the Infrastructure Construction and Payment Agreement ( "ICPA ") between the City of Tustin and Vestar /Kimco Tustin, L.P. as it relates to the "District" at Tustin Legacy Project. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 12-40 finding that the Sixth Amendment to the ICPA is within the scope of the Final Joint Program EIS /EIR for the Reuse and Disposal of MCAS Tustin, as amended by an Addendum, and that no additional environmental impacts are anticipated and no further environmental analysis is required. 2. Authorize the City Manager or Assistant Executive Director to execute the Sixth Amendment to the ICPA, subject to any non - substantive modifications as may be determined necessary by the Assistant Executive Director and City Attorney. RESOLUTION NO. 12 -40 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL FINDING THAT THE FINAL ENVIRONMENTAL IMPACT STATEMENT /FINAL ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL AND REUSE OF MCAS TUSTIN ( "FEIS /FEIR "), ITS SUPPLEMENT AND ADDENDUM ARE ADEQUATE TO SERVE AS THE PROJECT EIS /EIR FOR THE SIXTH AMENDMENT TO THE INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT AND THAT ALL APPLICABLE MITIGATION MEASURES WILL BE INCORPORATED INTO THE PROJECT AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 7. AWARD CONTRACT FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS — PHASE 1 CIP NO. 40079 AND THE TRAFFIC SIGNAL CONTROLLER EQUIPMENT UPGRADES /REPLACEMENTS – PHASE 1 CIP NO. 40080 Staff is requesting that the City Council award a construction contract to the lowest responsive /responsible bidder for the traffic signal Battery Backup System Installations – Phase 1 CIP No. 40079 and the Controller Equipment Upgrades /Replacements – Phase 1 CIP No. 40080, and appropriate $95,000 from the undesignated /unappropriated reserves of the Measure M2 Fair Share Fund to the projects Recommendation: That the City Council: 1. Appropriate $35,000 to the Battery Backup System Installations - Phase 1 CIP No. 40079 and $60,000 to the Traffic Signal Controller Equipment City Council April 17, 2012 Regular Meeting Agenda Page 6 of 9 Upgrades /Replacements — Phase 1 CIP No. 40080 from the undesignated /unappropriated reserves of the Measure M2 Fair Share Fund; and 2. Award a construction contract to the lowest responsive /responsible bidder, Sully - Miller Contracting Company, in the amount of $319,317 for the Battery Backup System Installations - Phase 1 CIP No. 40079 and the Traffic Signal Controller Equipment Upgrades /Replacements - Phase 1 CIP No. 40080, and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. 8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT TO RECEIVE BIDS FOR THE FRONTIER PARK ENERGY EFFICIENCY IMPROVEMENTS CIP NO. 20070 The plans and specifications for the Frontier Park Energy Efficiency Improvements CIP No. 20070 have been prepared and the project is now ready to bid. Recommendation: That City Council adopt Resolution No. 12 -37 approving the plans and specifications for the Frontier Park Energy Efficiency Improvements CIP No. 20070 and authorize the City Clerk to advertise and receive bids. RESOLUTION NO. 12 -37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE FRONTIER PARK ENERGY EFFICIENCY IMPROVEMENTS CIP NO. 20070; AND AUTHORIZING ADVERTISEMENT FOR BIDS 9. ADOPT RESOLUTION NO. 12 -35 TO ACCEPT IMPROVEMENTS FOR THE RAWLINGS RESERVOIR REPLACEMENT — PHASE I DEMOLITION PROJECT CIP 60136 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Rawlings Reservoir Replacement — Phase I Demolition Project CIP 60136 has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that the City Council take the following actions: 1. Adopt Resolution No. 12 -35 accepting the construction of the Rawlings Reservoir Replacement — Phase I Demolition Project CIP 60136, and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. City Council April 17, 2012 Regular Meeting Agenda Page 7 of 9 RESOLUTION NO. 12 -35 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 RAWLINGS RESERVOIR REPLACEMENT - PHASE I DEMOLITION PROJECT CIP NO. 60136 10. AUTHORIZE REFUND OF MONUMENTATION SURETY PARCEL MAP NO. 2006 -103 The property monuments associated with the parcel map have been set, inspected, and verified as complete. The Public Works Department is now recommending refund of the Monumentation Cash Surety. Recommendation: It is recommended that the City Council authorize the refund of the Monumentation Cash Surety in the amount of $4,000 associated with Parcel Map No. 2006 -103. 11. ADOPT RESOLUTION NO. 12 -33 APPROVING LOT LINE ADJUSTMENT NO. 2012 -01 AND AUTHORIZE EXECUTION OF A GRANT DEED A lot line adjustment to reconfigure three (3) parcels of Parcel Map No. 2010- 127 is required to facilitate the proposed hotels, restaurant, and retail development located on Newport Avenue between the SR -55 freeway and Edinger Avenue. The proposed lot line adjustment application has been submitted by R.D. Olson Development on behalf of the City of Tustin, owner of the property. A grant deed reflecting the lot line adjustment must be recorded with the County Recorder, whereby the City grants to itself the newly reconfigured parcels. Recommendation: It is recommended that the City Council adopt Resolution No. 12 -33 approving Lot Line Adjustment No. 2012 -01 and authorize the Mayor and City Clerk to execute a grant deed on behalf of the City reflecting Lot Line Adjustment No. 2012 -01, subject to approval as to form with any minor non - substantive modifications required by the City Attorney. RESOLUTION NO. 12 -33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 2012 -01 AND AUTHORIZING THE MAYOR TO EXECUTE A NEW GRANT DEED 12. AUTHORIZATION TO ENTER INTO A FIRST AMENDED AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY FOR ADMINISTRATIVE SUPPORT PURSUANT TO HEALTH AND SAFETY CODE SECTION 34171 City Council April 17, 2012 Regular Meeting Agenda Page 8 of 9 FOR FISCAL YEAR 2012 -13 AND ALSO SUCCESSOR AGENCY APPROVAL OF AN ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 341770) FOR THE PERIOD FROM JULY 1, 2012 THROUGH DECEMBER 31, 2012 Successor Agency Approval is requested of an Administrative Budget and authorization for the City and Successor Agency to enter into a First Amended Agreement for administrative support and reimbursement for such services. Recommendation: 1. It is recommended that the City Council approve and authorize the City to enter into a First Amended Agreement for Reimbursement of Costs and City /Successor Agency Operations Loan with the City acting as Successor Agency to the Tustin Community Redevelopment Agency. REGULAR BUSINESS ITEM Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 13) 13. LEGISLATIVE REPORT Staff has prepared the following Legislative Summary for the Council's review: Redevelopment Clean -up Bills & Other Proposed Related Legislation for FY 2011 -2012 Recommendation: Receive and file. OTHER BUSINESS /COMMITTEE REPORTS ADJOURN TO SUCCESSOR AGENCY MEETING — Adjourn to Tuesday, May 1, 2012, Closed Session Meeting at 5:30 p.m. followed by Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council April 17, 2012 Regular Meeting Agenda Page 9 of 9