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Home My WebLink About00 CC AGENDA 5-15-12CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY Al Murray, Mayor Pro Tern Jerry Amante, Councilmember Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember MAY 15, 2012 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager John Nielsen, Mayor David E. Kendig, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2289 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. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — Three cases • City of Tustin v. Keybank, N.A., Case No. 30- 2011 - 00529736- CU- FR -CXC • 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 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — Two cases 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. • Property Address /Description: A portion of Parcel 1 of Tract 16696 and a portion of Parcel 1 as shown on Record of Survey No 99 -1048 Agency: City of Tustin City Negotiators: Jeffrey C. Parker, City Manager, and Christine Shingleton, Assistant Executive Director Negotiating Parties: Vestar /Kimco Tustin, L. P., represented by Allan Kasen and Jeff Axtel I Under Negotiation: Price and terms of payment • Property Address /Description: Lots 1,2,3,4,5,6,7,8,9,10,11, 11, 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 Agency: City of Tustin City Negotiators: Jeffrey C. Parker, City Manager, and Christine Shingleton, Assistant Executive Director 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 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 City Council May 15, 2012 Regular Meeting Agenda Page 2 of 7 JOINT REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2289 INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE — Councilmember Gavello ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • Eagle Scout recognition • Trees in Tustin photography contest awards 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) 1. CONDUCT A PUBLIC HEARING AND ADOPT RESOLUTION NO. 12 -41 FINDING THE TUSTIN LEGACY FIRE STATION PROJECT TO BE SUBSTANTIALLY COMPLEX AND ESTABLISH A RETENTION AMOUNT OF TEN PERCENT Adoption of Resolution No. 12 -41 finds the Tustin Legacy Fire Station Project (CIP No.10048) substantially complex for purposes of Public Contract Code Section 7201 and establishes a contract payment retention amount of ten percent. City Council May 15, 2012 Regular Meeting Agenda Page 3 of 7 Recommendation: That the City Council conduct a public hearing, respond to public comments, and adopt Resolution No. 12 -41 finding the Tustin Legacy Fire Station Project to be substantially complex and establish a contract payment retention amount of ten percent. RESOLUTION NO. 12 -41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THE TUSTIN LEGACY FIRE STATION PROJECT TO BE SUBSTANTIALLY COMPLEX FOR PURPOSES OF PUBLIC CONTRACT CODE SECTION 7201 AND ESTABLISHING A RETENTION AMOUNT OF TEN PERCENT 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 7) 2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 1, 2012 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on May 1, 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 $682,072.75 and Demands in the amounts of $2,187,445.10 and $82,274.64. 4. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR FRONTIER PARK FITNESS ELEMENT (CIP No. 20068) This project includes changing the use of the existing handball walls at Frontier Park through the purchase and installation of outdoor fitness equipment. Recommendation: Staff recommends that the City Council approve Resolution No. 12 -45, approving specifications for the purchase and installation of new City Council May 15, 2012 Regular Meeting Agenda Page 4 of 7 outdoor fitness equipment at Frontier Park (CIP No. 20068), and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 12 -45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PURCHASE AND INSTALLATION OF OUTDOOR FITNESS EQUIPMENT AT FRONTIER PARK (CIP No. 20068) 5. 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. 6. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. 7. QUARTERLY REPORT FOR AFFORDABLE HOUSING DEFAULT REVOLVING FUND The Tustin Housing Authority ( "Housing Authority ") has assumed all housing functions of the dissolved Tustin Community Redevelopment Agency, including the Affordable Housing Default Revolving Fund's quarterly report. Housing Authority staff has prepared the report, which details any default activity within the City's Affordable Housing Program and identifies costs associated with curing any potential defaults. Recommendation: Receive and file. City Council May 15, 2012 Regular Meeting Agenda Page 5 of 7 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 8 -11) 8. SET DATE FOR FISCAL YEAR 2012 -13 BUDGET WORKSHOP Staff is requesting that the City Council schedule a Budget Workshop for Fiscal Year 2012 -13 on June 5, 2012 at 4:00 p.m. The draft budget will be submitted to the City Council prior to the budget workshop. Recommendation: Pleasure of the City Council. 9. PROPOSED ORDINANCE REGULATING VARIOUS FORMS OF SOLICITATION ON CERTAIN PUBLIC RIGHTS OF WAY AND PRIVATE PROPERTY AND ACTS OF TRESPASS ON PRIVATE COMMERCIAL PROPERTY On Tuesday, May 1, 2012 staff from the Police Department presented to the City Council a proposed ordinance regulating various forms of solicitation on certain public rights -of -way and private property and acts of trespass on private commercial property. Based upon the Council's direction, and after careful review of current City Code provisions, staff revised the proposed ordinance to remove portions regulating residential door -to -door solicitation. As directed by Council, the revised ordinance would not impose any new permit costs or Livescan requirements on non - profits soliciting in residential areas. Recommendation: Have the first reading, by title only, of the attached Ordinance No. 1412 (Attachment No. 2) 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 10. APPROVAL OF POLICE CHIEF CONTRACT The City has been engaged in contract negotiations to retain Scott Jordan as Police Chief. City Council May 15, 2012 Regular Meeting Agenda Page 6 of 7 Pending the outcome of the contract negotiations, it is possible that the City Council may wish to deliberate and approve a contract agreement for Police Chief. Should the City Council decide to vote on a Police Chief contract, the contract will be made available to members of the public during the City Council meeting. 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, June 5, 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 15, 2012 Regular Meeting Agenda Page 7 of 7