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Home My WebLink About02 CC MINUTES 5-1-12Agenda Item 2 Reviewed: City Manager Finance Director �/A MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY TUSTIN, CA MAY 1, 2012 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2288 at 5:37 p.m. ATTENDANCE Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers Jerry Amante and Rebecca "Beckie" Gomez Absent: Councilmember Deborah Gavello City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: David E. Kendig, City Attorney - WAI ORION Mi, :11b911111 =93, 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 City Council May 1, 2012 Regular Meeting Minutes Page 1 of 10 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 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 Employee Organization: Employee Organization: Emr)lovee Organization: Employee Organization: Employee Organization: Employee Organization: Employee Organization: (TMEA) Tustin Police Officers Association (TPOA) Tustin Police Support Service Association (TPSSA) Tustin Police Management Association (TPMA) Part-Time Unrepresented Employees Unrepresented Confidential Employees Unrepresented Supervisory Executive Management and Management RECESSED at 5:37 p.m. r Sol: core] ON RE_G1L_AW11fEEM U_0_F_TeVlE_C1 7:00 P.M. INVOCATION — Councilmember Amante PLEDGE OF ALLEGIANCE — Mayor Nielsen ROLL CALL — City Clerk Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers Jerry Amante and Rebecca "Beckie" Gomez Absent: Councilmember Deborah Gavello City Clerk: Pamela Stoker, City Clerk City Council May 1, 2012 Regular Meeting Minutes Page 2 of 10 Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig No reportable action. PRESENTATIONS • OCFA — Wildfire Awareness Week (Battalion Chief Chuck Nicola) ORAL COMMUNICATION/PUBLIC INPUT — None. PUBLIC HEARING ITEM 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 A presentation was given by Community Development Director Elizabeth Binsack The public hearing opened at 7:19 p.m. with no comments The public hearing closed at 7:20 p.m. 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 2 nd 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray that the City Council adopt Resolution No. 12-44 approving: 1) City Council May 1, 2012 Regular Meeting Minutes Page 3 of 10 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. Motion carried 4 -0 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. CONSENT CALENDAR ITEMS 2 -9 It was moved by Mayor Pro Tern Murray and seconded by Councilmember Gomez to pull consent items 5, 6 and 8 and to approve the balance of the consent calendar items on the regular and special agendas as recommended by staff. Motion carried 4 -0 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. .. . • • 1 ' III • • • ' • 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 City Council May 1, 2012 Regular Meeting Minutes Page 4 of 10 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 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. Motion: It was moved by Mayor Pro Tern Murray and seconded by Councilmember Amante 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. Motion carried 4 -0 • ...tea. . i• � _�� . _ • _ , . City Council May 1, 2012 Regular Meeting Minutes Page 5 of 10 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). Motion: It was moved by Mayor Pro Tern Murray and seconded by Councilmember Amante 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. Motion carried 4-0 7. RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND CORPORATE LIQUIDATION SERVICES FOR A PORTION OF THE BUILDING LOCATED AT 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 Amo 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). Motion: It was moved by Mayor Nielsen and seconded by Mayor Pro Tern Murray that the City Council: City Council May 1, 2012 Regular Meeting Minutes Page 6 of 10 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 the property owner of APN 432-471-24 on behalf of the City subject to approval as to form with any minor non-substantive modifications required by the City Attorney. Motion carried 4-0 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 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. City Council May 1, 2012 Regular Meeting Minutes Page 7 of 10 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 10-11 10. PROPOSED ORDINANCE SOLICITATION ON CERTAI PROPERTY AND ACTS PROPERTY I REGULATING VARIOUS PUBLIC RIGHTS OF WAY TRESPASS ON PRIVATE FORMS OF AND PRIVATE COMMERCIAL Public input: • Stephanie Ulrich • Linda Lewotsky • Sandy Thomas • Gina Magee Coo The Police Department has received a growing number of complaints from 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Nielsen to continue the item for modification. Motion carried 4-0 City Council May 1, 2012 Regular Meeting Minutes Page 8 of 10 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 City Manager Parker reported on the status of current legislation. OTHER BUSINESS/COMMITTEE REPORTS COUNCILMEMBER GOMEZ • Attended the Voting 101 meeting held by the American Association of University Women • Attended the Community Garage Sale • Attended the opening of Tustin High School sports pavilion and pool • Visited Lambert Ranch developed by the New Home Company • Attended the Teacher of the Year dinner for Tustin Unified School District • Was appointed to the Board of Directors of Newport Specialty Hospital • Wished a happy birthday to her older brother COUNCILMEMBER AMANTE • Announced that SB1225 (Padilla) to coordinate rail service in LOSSAN corridor has passed out of the Senate Transportation Committee and is now in Senate Appropriations • Attended the Transportation Corridor Agencies budget workshop on April 20 • Traveled with Orange County Transportation Authority to Washington, D.C. from April 23-26 along with the Orange County Business Council and Association of California Cities Orange County; met with the National Association for Affordable Housing with the ACCOC • Announced that his Springer Spaniel, Connie, won first place in several competitions held at Brookside Equestrian Center in Walnut MAYOR PRO TEM MURRAY • Announced that the Chili Cook-off and Street Fair will be held on June 3 rd ; complimented the Street Fair Chili Cook-off committee and thanked Donna Peery and staff • Attended Wood market grand opening and ribbon cutting • Attended Orange County Vector Control monthly trustees meeting • Attended roast for Sandra Hutchens City Council May 1, 2012 Regular Meeting Minutes Page 9 of 10 • Attended Orange County Fire Authority event celebrating 128 years of Santa Ana fire department and its official transition to OCFA • Complimented the Planning Commission on cultural resources district residential designs guidelines • Attended Tustin Teacher of the Year awards dinner • On Saturday attended the Tustin Police Department unused prescription drug event where over 800 pounds of unused medications were collected • Was approached by Senior Center citizens who expressed concerns about handicapped spaces being used incorrectly and requested that the police monitor MAYOR NIELSEN • Attended Orange County Sanitation District Steering Committee and Board of Directors meetings • On April 18 attended and commented at the Joyful Foundation ribbon cutting who makes blankets for pediatric cancer projects • Attended Ribbon cutting for Pozzuoli winery on Red Hill • Attended and spoke at the Teacher of the Year dinner • Attended Eagle Court of Honor for Kevin Kawabata; mentioned that Troop 243 is special to him as he was scoutmaster with the troop for 3 years • Announced that on May 4 the Tustin Community Foundation volunteer lunch will be held at Wilcox Manor • Reminded all of the May 5 Old Town Promenade "Magic of Tustin" RECESSED to Closed Session at 8:28 p.m. 13:19101 L'Irl:1 `t p �9 CLOSED SESSION REPORT — The City Council unanimously rejected the claim of Newport Gasoline. Otherwise, no reportable action. ADJOURNED at 9:12 p.m. 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 Minutes Page 10 of 10