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Home My WebLink About00 CC AGENDACITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Al Murray, Mayor Pro Tern Jerry Amante, Councilmember Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember JUNE 19, 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 #2291 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: Tustin Municipal Employees Association (TM EA) 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 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: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employee Organization: Executive Management and Management 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — Three cases • City of Tustin v. Keybank, N.A., Case #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 • Tustin Unified School District v. City of Tustin et al., Case No. 30 -2010- 00345476, Orange County Superior Court 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — Four cases • 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: Under Negotiation: • Property Address /Description: 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, and Christine Shingleton, Assistant Executive Director Vestar /Kimco Tustin, L. P., represented by Allan Kasen and Jeff Axtell Price and terms of payment Lots 1,2,3,4,5,6,7,8,9,10,11, II, 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 City of Tustin Jeffrey C. Parker, City Manager, and Christine Shingleton, Assistant Executive Director Broadcom Corporation, represented by Rick Kaplan, Mark Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. Price and Terms of Payment Terms and Conditions of a potential land exchange between the City of Tustin ( "City ") and South Orange County Community College District ( "SOCCCD "), collectively the parties, of certain property owned by the City (Parcel 1 -K -2 and a portion of Parcel Page 2 of 10 Agency: Agency /City Negotiator: Negotiating Parties: Under Negotiation: Property Address /Description: Agency: City Negotiators: Negotiating Parties: Under Negotiation: I- E -2.1) for property owned by SOCCCD (Parcel I -E -3) and a portion of Parcel IV -J -4 currently leased by SOCCCD from the City, and accommodation of adequate land area by the parties for a future Bell Avenue Extension between Red Hill Avenue and Armstrong Avenue including a portion of Parcel I -E -2.1 owned by the City and dedication by SOCCCD of a portion of Parcel I -E- 1.1 currently owned by the SOCCCD and a portion of Parcel IV -J -6 currently leased by SOCCCD from the City. City of Tustin Christine Shingleton, Assistant Executive Director, City Attorney David E. Kendig, and George Schlossberg, Kutak Rock Debra Fitzsimons, Vice Chancellor, SOCCCD 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 behalf of Irvine Company LLC Price and terms of payment RECESS TO SUCCESSOR AGENCY CLOSED SESSION REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. City Council Regular Meeting Agenda Page 3 of 10 CALL TO ORDER — Meeting #2291 INVOCATION — Councilmember Gavello PLEDGE OF ALLEGIANCE — Councilmember Amante ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • Tustin Community Pride Essay /Poster contest winners • Tustin Man and Woman of the Year 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. 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 1 through 11) 1. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY HELD ON JUNE 5, 2012 Recommendation: That the City Council approve the Action Minutes of the Joint Regular Meeting of the City Council and Housing Authority held on June 5, 2012. 2. 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 City Council Regular Meeting Agenda Page 4 of 10 Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $12,878.26 and $678,111.62; and Demands in the amount of $5,865,745.33. 3. AMENDMENT NO. 1 TO LICENSE AGREEMENT FOR LEMON GROVE MAINTENANCE AT CITRUS RANCH PARK Amendment No. 1 would extend the term of the License Agreement for lemon grove maintenance at Citrus Ranch Park with Garcia Farming, Inc. for two years (July 1, 2012 to June 30, 2014). In addition, the Amendment provides for the automatic renewal and extension of the License Agreement for two additional two -year terms (July 1, 2014 to June 30, 2016 and July 1, 2016 to June 30, 2018 respectively). Either party may prevent the automatic renewal and extension of the agreement by providing no less than 30 -days written notice to the other party. Recommendation: That the City Council approve the attached Amendment No. 1 to the license agreement between the City and Garcia Farming, Inc. for lemon grove maintenance at Citrus Ranch Park and authorize the Mayor and City Council to execute the Amendment on behalf of the City. 4. NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION CANDIDATE STATEMENT FEES Adoption of the proposed resolution will set the Candidate Statement fees and regulations for the November 6, 2012 election. Recommendation: Adopt Resolution 12 -57 establishing a charge for Candidate Statements to be submitted to the electorate in the November 2012 General Municipal Election. RESOLUTION NO. 12 -57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR CITY COUNCIL PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 5. SUCCESSOR AGENCY APPROVAL OF AMENDED ADMINISTRATIVE BUDGETS AND AUTHORIZATION TO ENTER INTO A SECOND AMENDED AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY FOR ADMINISTRATIVE SUPPORT AND A MATCHING CONTRIBUTION TO THE PHASE 1 AND PHASE 2 TUSTIN RANCH ROAD PROJECT City Council Regular Meeting Agenda Page 5 of 10 Successor Agency approval is requested of amended Administrative Budgets and authorization for the City and Successor Agency to enter into a Second Amended Agreement for reimbursement of administrative support and a matching contribution to the Phase 1 and Phase 2 Tustin Ranch Road Project using MCAS Tustin Bond Proceeds. Recommendation: It is recommended that the City Council approve and authorize the City to enter into a Second 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. 6. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2012 -2013 In order to maintain eligibility for funding under the Orange County Measure M2 Program, the City is required to annually submit a compliance package to the Orange County Transportation Authority (OCTA). Recommendation: That the City Council take the following actions: 1. Adopt the attached draft Measure M2 Seven -Year Capital Improvement Program (Fiscal Year 2012 -2013 through Fiscal Year 2018 - 2019); and 2. Authorize the Director of Public Works /City Engineer to submit the City of Tustin's Measure M2 eligibility package to the Orange County Transportation Authority. 7. ADOPT RESOLUTION NO. 12-46 TO APPROVE THE SUBMITTAL OF MEASURE M2 TIER 1 ENVIRONMENTAL CLEANUP PROGRAM PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No. 12 -46 will approve submittal of the City's project application for Renewed Measure M funds (Measure M2) under the Environmental Cleanup Allocation Program, Tier 1 Grant Program. The City has prepared a project application to include the installation of 97 catch basin automatic retractable screens for a total estimated cost of $85,000. Recommendation: That the City Council adopt Resolution No. 12 -46 approving the submittal of the project application to the Orange County Transportation Authority (OCTA) for funding under the Renewed Measure M Environmental Cleanup Allocation Program, Tier 1 Grant Program 2012 Call for Projects. RESOLUTION NO. 12-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AUTHORIZING AN APPLICATION SUBMITTAL TO THE OCTA FOR FUNDS FROM THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT City Council Regular Meeting Agenda Page 6 of 10 PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NUMBER 3 FOR THE INSTALLATION OF AUTOMATIC RETRACTABLE CATCH BASIN SCREENS AT MULTIPLE LOCATIONS IN TUSTIN 8. APPROVE AGREEMENT NO. D12 -023 WITH COUNTY OF ORANGE FOR WATER VALVE ADJUSTMENTS ASSOCIATED WITH THE LA COLINA DRIVE PAVEMENT RECONSTRUCTION AND REHABILITATION PROJECT Approval of Reimbursement Agreement No. D12 -023 between the City and the County of Orange is required to permit a County contractor to adjust City of Tustin water valves to grade as part of the County's La Colina Drive Pavement Reconstruction and Rehabilitation Project. Recommendation: That the City Council approve Reimbursement Agreement No. D12 -023 with the County of Orange and authorize the Mayor and City Clerk to execute the document on behalf of the City. 9. APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE COUNTY OF ORANGE FOR THE CONTINUED USE OF THE ALERTOC MASS NOTIFICATION SYSTEM THROUGH JUNE 30, 2013 The current Memorandum of Understanding (MOU) with the County of Orange for the City's participation and usage of the County's AlertOC Mass Notification System will expire on June 30, 2012. The proposed MOU will extend the City's participation in the AlertOC program to June 30, 2013. Recommendation: That the City Council approve the Memorandum of Understanding with the County of Orange for continued use of the AlertOC, the countywide mass notification system and authorize the Mayor and City Clerk to execute the Agreement. 10. ADOPT RESOLUTION NO. 12 -55 TO APPROVE THE SUBMITTAL OF STATE -LOCAL PARTNERSHIP PROGRAM (SLPP) FORMULA GRANT APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No. 12 -55 will approve the submittal of the City's project applications for funds under the Orange County Transportation Authority (OCTA) SLPP Formula Grant Call for Projects. It will also delegate signature authority to the City's Director of Public Works /City Engineer to facilitate delivery of the projects. The OCTA requires City Council approval as part of the application process. Recommendation: That the City Council adopt Resolution No. 12 -55 approving the submittal of project applications to the Orange County Transportation City Council Regular Meeting Agenda Page 7 of 10 Authority (OCTA) for funding under the State -Local Partnership Program (SLPP) Formula Grant Call for Projects. RESOLUTION NO. 12 -55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FOR THE STATE -LOCAL PARTNERSHIP PROGRAM FORMULA GRANT UNDER THE PROPOSITION 113 HIGHWAY SAFETY, TRAFFIC REDUCTION, AIR QUALITY, AND PORT SECURITY BOND ACT OF 2006 FOR THE NEWPORT AVENUE BICYCLE TRAIL RECONSTRUCTION PROJECT BETWEEN MAIN STREET AND IRVINE BOULEVARD, THE ENDERLE CENTER DRIVE AND VANDENBERG LANE INTERSECTION SAFETY ENHANCEMENTS PROJECT, THE MCFADDEN AVENUE REHABILITATION PROJECT BETWEEN MANTLE LANE AND PASADENA AVENUE, THE IRVINE BOULEVARD REHABILITATION PROJECT BETWEEN PROSPECT AVENUE AND HOLT AVENUE, AND THE RED HILL AVENUE REHABILITATION PROJECT BETWEEN SAN JUAN STREET AND BRYAN AVENUE. 11. AB 109 - MASTER MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF TUSTIN AND THE COUNTY OF ORANGE FOR PUBLIC SAFETY REALIGNMENT AND POSTRELEASE COMMUNITY SUPERVISION ENHANCED LAW ENFORCEMENT OVERTIME SERVICES Assembly Bill 109, titled "2011 Realignment Legislation Addressing Public Safety" became effective on July 1, 2011, and provided for the enactment of the "2011 Postrelease Community Supervision (PCS) Act." In October 2011, the Orange County Community Corrections Partnership (OCCCP) developed an implementation plan, which included an allocation of state funding for enhanced municipal law enforcement services. The purpose of the proposed Memorandum of Understanding (MOU) is to establish policies, procedures, and cost reimbursement requirements for local agencies, including the City of Tustin, who provide such enhanced law enforcement services. Recommendation: 1. Approve the AB 109 MOU between the City of Tustin and the County of Orange for public safety realignment and postrelease community supervision enhanced law enforcement services; 2. Authorize the Chief of Police to sign any AB 109 MOU related paperwork on behalf of the City of Tustin, to allow for the reimbursement of funds. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 12 through 15) City Council Regular Meeting Agenda Page 8 of 10 12. APPROVAL OF AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH THE IRVINE COMPANY FOR TUSTIN LEGACY DISPOSITION PACKAGES 1A NORTH AND 2A The City Council recently reviewed price, terms and payment for Disposition Packages 2A and 1A North and directed staff to prepare an Exclusive Agreement to Negotiate with The Irvine Company for disposition and development of Disposition Packages 2A and 1A North in the Tustin Legacy Project. Recommendation: Authorize the City Manager to execute the attached Exclusive Agreement to Negotiate ( "ENA ") between the City of Tustin and The Irvine Company, subject to any non - substantive modifications as may be determined necessary and /or recommended by the City's special real estate counsel or the City Attorney 13. CITY COUNCIL ATTENDANCE POLICY Council Member Amante has asked the City Council to consider an Attendance Policy for City Council Members. Council Member Amante is requesting that the City Council consider a policy that would allow one or more Council Members to agendize review of excessive absenteeism by a Council Member. Recommendation: For the City Council to review and consider Council Member Amante's proposal for an Attendance Policy, and if approved, direct staff to bring back a resolution establishing such policy. 14. TELECONFERENCING OF CITY COUNCIL MEETINGS The question has arisen whether City Council members legally may use teleconferencing to participate in City Council meetings from remote locations. As explained below, teleconferencing is possible under California law subject to a number of specific restrictions and requirements. Recommendation: Pleasure of the Council. 15. 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. City Council Regular Meeting Agenda Page 9 of 10 OTHER BUSINESS /COMMITTEE REPORTS ADJOURN TO SUCCESSOR AGENCY MEETING — Adjourn to Tuesday, July 3, 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 Regular Meeting Agenda Page 10 of 10