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Home My WebLink About02 CC MINUTES 5-15-12Agenda Item 2 Reviewed: City Manager Finance Director MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 300 CENTENNIAL WAY TUSTIN, CA MAY 15, 2012 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2289 at 5:33 p.m. ATTENDANCE Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers Jerry Amante, Deborah Gavello and Rebecca "Beckie" Gomez Absent: None City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: David E. Kendig, City Attorney PUBLIC INPUT — None CITY ATTORNEY REPORT: The Council will be convening in closed session to discuss items numbered 1 through 6 on the Council's closed session agenda. The Council will be discussing exposure to litigation and the potential initiation of litigation pursuant to Section 54956.9 subsections (b) and (c). 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 City Council and Tustin Housing Authority May 15, 2012 Regular Meeting Minutes Page 1 of 9 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 • 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 Axtell 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 City Council and Tustin Housing Authority May 15, 2012 Regular Meeting Minutes Page 2 of 9 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: Broadcorn 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) City Council and Tustin Housing Authority May 15, 2012 Regular Meeting Minutes Page 2 of 9 Employee Organization: Employee Organization: Employee Organization: Employee Organization: Employee Organization: Employee Organization: RECESSED at 5:34 p.m. RECONVENED at 7:14 p.m. Tustin Police Support Service Association (TPSSA) Tustin Police Management Association (TPMA) Part-Time Unrepresented Employees Unrepresented Confidential Employees Unrepresented Supervisory Executive Management and Management JOINT REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. ]FIFINEro "N INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE — Councilmember Gavello ROLL CALL — City Clerk Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers Jerry Amante, Deborah Gavello and Rebecca "Beckie" Gomez Absent: None City Clerk: Pamela Stoker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig The Council voted unanimously to initiate legal action. The action, the defendants and other particulars shall, once the action is commenced, will be disclosed to any person upon inquiry, unless to do so will jeopardize the City's ability to effectuate service of process on an unserved party. PRESENTATIONS 0 Eagle Scout recognition City Council and Tustin Housing Authority May 15, 2012 Regular Meeting Minutes Page 3 of 9 • Trees in Tustin photography contest awards ORAL COMMUNICATION /PUBLIC INPUT — • Pam Keller • Peter Meuter • Harold Katzman • Chuck Puckett • Battalion Chief Gene Begnell (Slide show of recent Tustin fire) 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 The public hearing opened at 8:01 p.m. with no comments The public hearing closed at 8:01 p.m. 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray 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. Motion carried 5 -0 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 2 -7 It was moved by Mayor Pro Tern Murray and seconded by Councilmember Gavello to pull City Council and Tustin Housing Authority May 15, 2012 Regular Meeting Minutes Page 4 of 9 consent item 6 and to approve the balance of the consent calendar items on the regular and special agendas as recommended by staff. Motion carried 5-0 N 3. El 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. 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. 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 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 1111101 W.11 601. 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. City Council and Tustin Housing Authority May 15, 2012 Regular Meeting Minutes Page 5 of 9 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray to receive and file the report. Motion carried 4-1 (Councilmember Gavello dissenting) 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. REGULAR BUSINESS 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. Motion: It was moved by Councilmember Amante and seconded by Councilmember Gavello to continue the item to June 19. Motion carried 5-0 City Council and Tustin Housing Authority May 15, 2012 Regular Meeting Minutes Page 6 of 9 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray to have 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. Motion carried 5 -0 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. 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. It was moved by Mayor Pro Tern Murray and seconded by Councilmember Amante to approve the contract agreement for police chief. City Council and Tustin Housing Authority May 15, 2012 Regular Meeting Minutes Page 7 of 9 Motion carried 4-1 (Councilmember Gavello dissenting) 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 gave an update concerning legislation. Mayor Pro Tern Murray reported on his recent trip to Sacramento. COUNCILMEMBER GOMEZ • On May 2 attended a workshop on an initiative for healthy communities at Beach Cities Health District • Attended on May 4 the Tustin Community Foundation volunteer celebration • Attended Cinco de Mayo celebration at Tustin Youth & Family Center and stopped by the middle school dance at Columbus Tustin; thanked Parks & Recreation for those activities • On May 5 attended the MS walk at UCI in honor of good friend Maryann Webster • Attended promenade and Old Town home tour • Attended Orange County Leaders Prayer Breakfast on May 11 • Attended Mother's Day luncheon at the Senior Center • Attended Pancakes for Patriots at Beckman High School COUNCILMEMBER AMANTE • Announced that LOSSAN has been working on its strategic implementation plan • Shared that OCTA's draft budget was discussed at its Executive Committee meeting followed by the Finance and Administration Committee and at the full Board meeting; will be reviewed by the Legislative and Communications and other committees before returning to the Board for adoption • Attended the Orange County Leadership Prayer Breakfast MAYOR PRO TEM MURRAY • Attended Association of California Cities Orange County (ACCOC) Economic Development & Jobs Growth Committee meeting • Recently returned from Sacramento with ACCOC and the Orange County Business Council • Attended a WACO meeting where Tustin was touted for its water conservation efforts • Attended the 4 t" annual Tustin Community Foundation superheroes event; extended congratulations to Erin Nielsen and Chuck Puckett • On Saturday started the Old Town promenade tour; complimented Lindbergh City Council and Tustin Housing Authority May 15, 2012 Regular Meeting Minutes Page 8 of 9 McPherson for a great job as Master of Ceremonies • On Tuesday spoke at the senior volunteer recognition lunch held at the Encore Dinner Theater volunteer awards to over 80 citizens who contributed over 25,000 hours during the last year • Attended the Planning Commission meeting and had the privilege of swearing in Chuck Puckett and Jeff Thompson to new terms as Planning Commissioners • Attended ACCOC business meeting and dinner program • Attended the Orange County Government Leaders breakfast; • Thanked Orange County Fire Department and Tustin Police Department for their response to the recent fire • Congratulated daughter Lily and SOCAL water polo team for earning bronze medal in Grommet Cup in San Diego • Complimented daughter Emily for dance recital at PADRE foundation MAYOR NIELSEN • Attended ACCOC business meeting • Attended on May 11 the Government Leaders prayer breakfast which was well attended • Also on May 11 attended and spoke at the regular meeting of Orange County Senior Citizens Advisory Council; at that meeting two Tustin Senior Center volunteers were honored: Lori Turner and Sylvia Guillory; senior center volunteers put in 24,000 hours/year • Attended Senior Center Mother's Day luncheon; thanked Marilyn Buescher and Carolyn Nielsen for doing a great job • Attended Orange County Council of Boy Scouts of America Scout-O-Rama at Oak Canyon Park • Visited command post in response to fire • Conducted a tour of City Hall for two third grade classes from Estock Elementary • Looking forward to Tustin Chili Cook Off Sunday, June 3, from 11-5 • Explained that flags are at half-staff to honor peace officers ADJOURNED at 8:30 p.m. to the Tuesday, June 5, 2012, Closed Session Meeting at 5:30 p.m. followed by the Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council and Tustin Housing Authority May 15, 2012 Regular Meeting Minutes Page 9 of 9