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Home My WebLink About00 CC AGENDA 5-1-12CITY OF TUSTIN MAY 1, 2012 REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN Al Murray, Mayor Pro Tern Jerry Amante, Councilmember John Nielsen, Mayor Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2288 ATTENDANCE Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer 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. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 • Consideration of Claim of Newport Gasoline, Claim No. 12 -09 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — four 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 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. • Mira Properties v City of Tustin, Orange County Superior Court Case No. 30- 2011- 00522643 5. PUBLIC EMPLOYMENT: [Govt. Code § 54957] — One Case • Performance evaluation of the Police Chief 6. LABOR NEGOTIATIONS [Government Code Section 54957.6] • Agency Negotiators: Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Tustin Police Management Association (TPMA) Employee Organization: Part -Time Unrepresented Employees Employee Organization: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employee Organization: Executive Management and Management RECESS TO SUCCESSOR AGENCY CLOSED SESSION REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2288 INVOCATION — Councilmember Amante PLEDGE OF ALLEGIANCE — Mayor Nielsen ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • OCFA — Wildfire Awareness Week (Battalion Chief Chuck Nicola) ORAL COMMUNICATION /PUBLIC INPUT — At this time, any member of the public may City Council May 1, 2012 Regular Meeting Agenda Page 2 of 8 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) 1. FISCAL YEAR 2012 -13 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ALLOCATION, FISCAL YEAR 2012 -13 ACTION PLAN, AMENDMENT TO THE PY 2009 -10 ACTION PLAN The Community Development Department is proposing to submit to the U.S. Department of Housing and Urban Development (HUD) a Program Year (PY) 2012 -13 Action Plan (Attachment A), which describes the activities that the City will undertake during the program year. The Action Plan includes the program budget for disbursement of Community Development Block Grant (CDBG) funds. HUD has notified the City that CDBG funding for the program year 2012- 13 will be $587,277. On February 21, 2012, the Tustin City Council conducted a public hearing informing interested citizens about the Community Development Block Grant (CDBG) program, obtained citizens' views on CDBG priorities, approved continued funding for the 2nd year public service activities, and reallocated Community Development Block Grant Recovery (CDBG -R) funds to the Frontier Park Energy Efficiency project. The Community Development Department is also proposing to amend the PY 2009 -10 Action Plan to reallocate unexpended funds from a previously approved project. An amendment to an Action Plan is required when adding a new activity not previously described in the Action Plan of the respective Program Year. Recommendation: That the City Council adopt Resolution No. 12 -44 approving: 1) Program Year 2012 -13 Action Plan and funding allocation; 2) Amendment to the PY 2009 -10 Action Plan to reallocate unexpended funds, and, 3) authorize submission of the PY 2012 -13 Action Plan to the U.S. Department of Housing and Urban Development. RESOLUTION NO. 12 -44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PROGRAM YEAR 2012 -13 ACTION PLAN AND FUNDING ALLOCATION AND AN AMENDMENT TO THE PROGRAM YEAR 2009 -10 ACTION PLAN FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. City Council May 1, 2012 Regular Meeting Agenda Page 3 of 8 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 9) 2. APPROVAL OF MINUTES — REGULAR AND SPECIAL MEETING OF THE CITY COUNCIL HELD ON APRIL 17, 2012 Recommendation: That the City Council approve the Action Minutes of the Regular and Special Meeting of the City Council held on April 17, 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 $676,977.24 and Demands in the amount of $1,387,713.05. 4. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2012 -2013 ASSESSMENTS At the February 21, 2012 meeting, the City Council ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report has now been completed and is ready for City Council approval. Additionally, it is requested that the City Council declare its intention to levy annual assessments and set a public hearing for June 5, 2012. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 12 -42 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2012 -2013; and 2. Adopt Resolution No. 12 -43 declaring its intention to levy annual assessments for Fiscal Year 2012 -2013 and setting a public hearing for June 5, 2012. RESOLUTION NO. 12 -42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE City Council May 1, 2012 Regular Meeting Agenda Page 4 of 8 TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2012 -2013 RESOLUTION NO. 12 -43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2012 -2013 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF 5. APPROVE AN AGREEMENT FOR POINT OF DISPENSING (POD) SITE EQUIPMENT SERVICES BETWEEN THE COUNTY OF ORANGE AND THE CITY OF TUSTIN Approval of a Point of Dispensing Equipment agreement with the County of Orange will result in the City receiving equipment required to operate two Point of Dispensing sites during a pandemic incident or other emergencies. Recommendation: That the City Council approve an Agreement for Point of Dispensing (POD) Site Equipment Services between the County of Orange and the City and authorize the Mayor and City Clerk to execute the contract documents. 6. APPROVE A COOPERATIVE AGREEMENT WITH CITIES OF IRVINE AND NEWPORT BEACH FOR THE JAMBOREE ROAD SIGNAL SYNCHRONIZATION PROJECT CIP NO. 40081 Staff is requesting that the City Council approve a Cooperative Agreement with the Cities of Irvine and Newport Beach for implementation of the Jamboree Road Signal Synchronization Project CIP No. 40081. Engineering and construction will be performed in collaboration with adjacent jurisdictions, including Caltrans, with the City of Irvine taking the lead in managing the project. Work will be performed under the OCTA Competitive Measure M2 Traffic Signal Synchronization Program (Project P). Recommendation: That the City Council approve the Cooperative Agreement with the Cities of Irvine and Newport Beach for the Jamboree Road Signal Synchronization Project, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 7. RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND CORPORATE LIQUIDATION SERVICES FOR A PORTION OF THE BUILDING LOCATED AT City Council May 1, 2012 Regular Meeting Agenda Page 5 of 8 15171 DEL AMO AVENUE Approval is requested for a month -to -month Rental Agreement between the City and Corporate Liquidation Services (Tenant), for a City -owned property located at 15171 Del Arno Avenue. Recommendation: That the City Council authorize the City Manager to execute the attached month -to -month Rental Agreement with Corporate Liquidation Services 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(B), are required. 8. ADOPT RESOLUTION NO. 12 -38 TO APPROVE A PURCHASE AGREEMENT FOR REAL PROPERTY AT 2472 CHAMBERS ROAD (APN 432 - 471 -24) FOR THE TUSTIN RANCH ROAD EXTENSION PROJECT (CIP NO. 70100) The proposed Agreement to purchase real property will initiate the final process for the City to acquire the needed right -of -way at 2472 Chambers Road (APN 432 - 471 -24) to construct necessary improvements included within the Tustin Ranch Road Extension Project from Walnut Avenue to Warner Avenue (CIP No. 70100). Recommendation: That the City Council- 1 . Adopt Resolution No. 12 -38 finding that the acquisition of a portion of Assessor's Parcel No. 432 - 471 -24 was considered in the Final Program Environmental Impact Statement /Environmental Impact Report (FEIS /EIR) for the reuse and disposal of MCAS Tustin, Final Supplemental #1 and Addendum, and approving the Purchase Agreement of real property at 2472 Chambers Road; and 2. Authorize the City Manager and City Clerk to execute the Purchase Agreement with Executive Plaza, LLC, formerly Resco Properties, on behalf of the City subject to approval as to form with any minor non - substantive modifications required by the City Attorney. RESOLUTION NO. 12 -38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 432 - 471 -24 WAS CONSIDERED IN THE FINAL PROGRAM ENVIRONMENTAL IMPACT STATEMENT/ ENVIRONMENTAL IMPACT REPORT (FEIS /EIR) FOR THE DISPOSAL AND REUSE OF MARINE CORPS AIR STATION TUSTIN FINAL SUPPLEMENT #1 AND ADDENDUM, AND APPROVING THE PURCHASE AGREEMENT City Council May 1, 2012 Regular Meeting Agenda Page 6 of 8 9. ADOPT RESOLUTION NO. 12 -39 TO APPROVE A PURCHASE AGREEMENT FOR REAL PROPERTY AT 2472 WALNUT AVENUE (APN 432 - 491 -34) FOR THE TUSTIN RANCH ROAD EXTENSION PROJECT (CIP NO. 70100) The proposed Agreement to purchase real property will initiate the final process for the City to acquire the needed right -of -way at 2472 Walnut Avenue (APN 432 - 491 -34) to construct necessary improvements included within the Tustin Ranch Road Extension Project from Walnut Avenue to Warner Avenue (CIP No. 70100). Recommendation: It is recommended that the City Council- 1 . Adopt Resolution No. 12 -39 finding that the acquisition of a portion of Assessor's Parcel No. 432 - 491 -34 was considered in the Final Program Environmental Impact Statement /Environmental Impact Report (FEIS /EIR) for the reuse and disposal of MCAS Tustin, Final Supplemental #1 and Addendum, and approving the Purchase Agreement of real property at 2472 Walnut Avenue; and 2. Authorize the City Manager and City Clerk to execute the Purchase Agreement with Crossroad Church, on behalf of the City subject to approval as to form with minor non - substantive modifications required by the City Attorney. RESOLUTION NO. 12 -39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 432 - 491 -34 WAS CONSIDERED IN THE FINAL PROGRAM ENVIRONMENTAL IMPACT STATEMENT/ ENVIRONMENTAL IMPACT REPORT (FEIS /EIR) FOR THE DISPOSAL AND REUSE OF MARINE CORPS AIR STATION TUSTIN FINAL SUPPLEMENT #1, AND ADDENDUM, AND APPROVING THE PURCHASE AGREEMENT REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 10 -11) 10. PROPOSED ORDINANCE REGULATING VARIOUS FORMS OF SOLICITATION ON CERTAIN PUBLIC RIGHTS OF WAY AND PRIVATE PROPERTY AND ACTS OF TRESPASS ON PRIVATE COMMERCIAL PROPERTY The Police Department has received a growing number of complaints from City Council May 1, 2012 Regular Meeting Agenda Page 7 of 8 private property owners concerning adverse impacts arising from a variety of solicitation activities at and upon commercial properties. Complaints concerning overnight trespass on commercial properties and unwanted acts of skateboarding on private property have become numerous. Police Department staff has worked with the City Attorney's Office to develop a proposed ordinance to address these issues. This ordinance amends the Tustin City Code by establishing regulations which: prohibit solicitation activity at those public rights of way where street parking is prohibited; requires a solicitor's permit for solicitors conducting commercial or charitable solicitation in residential areas of the city; prohibits solicitation activity on commercial property wherein the property owner has posted a "no solicitor's sign ". In addition, the ordinance prohibits trespass on commercial properties during non - business hours and prohibits skateboarding on commercial properties. Recommendation: Have the first reading, by title only, of the attached Ordinance No. 1412 adding to and amending various sections of the City of Tustin City Code relating to the regulation of solicitation activity, acts of trespass on private commercial property, and acts of skateboarding on private commercial property within the City of Tustin. ORDINANCE NO. 1412 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY CODE RELATING TO THE REGULATION OF SOLICITATION ACTIVITY AND ACTS OF TRESPASS OCCURING ON COMMERCIAL PROPERTIES 11. 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 15, 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 May 1, 2012 Regular Meeting Agenda Page 8 of 8