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HomeMy WebLinkAbout01 MINUTES-SPECIAL & REGULAR MEETING-06/19/12MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY TUSTIN, CA JUNE 19, 2012 BUDGET WORKSHOP 4:00 P.M. CALL TO ORDER at 4:03 p.m ATTENDANCE Agenda Item 1 Reviewed: City Manager Finance Director —/A Present: Mayor John Nielsen, Mayor Pro Tem 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 PUBLIC INPUT — None. WORKSHOP - Fiscal Year 2012/13 Budget A Power Point presentation was given by City Manager Jeff Parker Motion: It was moved by Mayor Pro Tem Murray and seconded by Councilmember Amante to approve Resolution 12 -58, authorizing continued operations under the Fiscal Year 2011- 2012 budget pending adoption of the Fiscal Year 2012 -2013 budget. Motion passed 4 -0. RESOLUTION 12 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING CONTINUED OPERATIONS UNDER THE FISCAL YEAR 2011 -2012 BUDGET PENDING ADOPTION OF THE FISCAL YEAR 2012 -2013 BUDGET. ADJOURNED at 5:12 p.m. City Council June 19, 2012 Special Meeting Minutes Page 1 of 1 Agenda Item 1 Reviewed: City Manager Finance Director f1A MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY TUSTIN, CA JUNE 19, 2012 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2291 at 5:31 p.m I_ Ati111q,PL•V[dZ 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 PUBLIC INPUT — None. 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 (TMEA) Employee Organization: Tustin Police Officers Association (TPOA) City Council June 19, 2012 Regular Meeting Minutes Page 1 of 12 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 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 Minutes 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, Il, 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 June 19, 2012 Page 2 of 12 Agency: Agency/City Negotiator: Negotiating Parties: Under Negotiation: • Property Address /Description: Agency: City Negotiators: Negotiating Parties: Under Negotiation: RECESSED at 5:32 p.m. County Community College District ( "SOCCCD "), collectively the parties, of certain property owned by the City (Parcel 1 -K -2 and a portion of Parcel 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 City Council June 19, 2012 Regular Meeting Minutes Page 3 of 12 RECONVENED at 7:10 p.m. REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2291 at 7:10 p.m. INVOCATION — Mayor Pro Tern Murray PLEDGE OF ALLEGIANCE — Councilmember Amante 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 Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig The direction to initiate or amend an action has been given and that action as to defendants and the other particulars shall once formally commenced be disclosed to any person upon inquiry. Other than that, no reportable action was taken. PRESENTATIONS • Tustin Community Pride Essay /Poster contest winners • Tustin Man and Woman of the Year ORAL COMMUNICATION /PUBLIC INPUT — • Marty Petrone • Ryan Pugh • Betty Carle • Steven Gooderham CONSENT CALENDAR ITEMS 1 -11 City Council June 19, 2012 Regular Meeting Minutes Page 4 of 12 It was moved by Mayor Pro Tem Murray and seconded by Councilmember Gomez to pull consent items 1, 9, 10 and 11 and to approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried 4 -0 1. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY HELD ON JUNE 5, 2012 Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray 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 with an amendment to add that the City Attorney commented on item #14. Motion carried 4 -0 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 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 City Council June 19, 2012 Regular Meeting Minutes Page 5 of 12 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 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. City Council June 19, 2012 Regular Meeting Minutes Page 6 of 12 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 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. 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. City Council June 19, 2012 Regular Meeting Minutes Page 7 of 12 Motion: It was moved by Mayor Pro Tern Murray and seconded by Councilmember Amante 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. Motion carried 4 -0 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. Motion: It was moved by Mayor Pro Tern Murray and seconded by Councilmember Amante that the City Council adopt Resolution No. 12 -55 approving the submittal of project applications to the Orange County Transportation Authority (OCTA) for funding under the State -Local Partnership Program (SLPP) Formula Grant Call for Projects. Motion carried 4 -0 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 1B 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 City Council June 19, 2012 Regular Meeting Minutes Page 8 of 12 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. Motion: It was moved by Mayor Pro Tern Murray and seconded by Mayor Nielsen to: 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. Motion carried 4 -0 REGULAR BUSINESS ITEMS 12 -15 12. APPROVAL OF AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH THE IRVINE COMPANY FOR TUSTIN LEGACY DISPOSITION PACKAGES 1A NORTH AND 2A A Power Point presentation was given by Assistant Executive Director Christine Shingleton 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tem Murray to 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 Council June 19, 2012 Regular Meeting Minutes Page 9 of 12 City Attorney Motion carried 4 -0 13. CITY COUNCIL ATTENDANCE POLICY Councilmember 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray to bring back a resolution establishing the attendance policy. Motion carried 3 -1 (Councilmember Gomez dissenting) 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray to receive and file the report. The City Attorney will provide a report on teleconferencing requirements for Closed Session. Motion carried 4 -0 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 City Manager Jeff Parker reported on the status of current legislation. OTHER BUSINESS /COMMITTEE REPORTS COUNCILMEMBER GOMEZ • Attended the American Association of University Women Tustin installation dinner for the 2012 -2013 officers • Attended the State of the City luncheon Attended an election analysis discussion sponsored by Concordia University's School of Public Policy City Council June 19, 2012 Regular Meeting Minutes Page 10 of 12 • Attended Tustin Man and Woman of the Year dinner; congratulated all nominees as well as those awarded • Thanked staff for hours in preparing budget • Announced that the summer reading program at the Tustin Library is kicking off this week • Congratulated her daughter on her college graduation which fulfills her father's dream of having all of his grandchildren graduating college COUNCILMEMBER AMANTE • Congratulated Councilmember Gomez on her daughter's graduation MAYOR PRO TEM MURRAY • Announced that he was selected by Orange County Fire Authority Executive Committee to serve on the new Budget and Finance Committee and equity studies work group • Congratulated OCFA and investigators for determining the cause of the recent brush fire • Attended the Tustin Police Department's volunteer dinner; presented volunteer Ray Leger with a plaque for years of service • Attended Town Hall meeting that the Tustin Police Department and Community Services conducted at Heideman Elementary School • Attended the State of the City luncheon; complimented Lisa Woolery • Attended a public policy lunch meeting at Concordia University • Attended the Man and Woman of the Year dinner; congratulated Chris Barr and Jean Simon • Attended an Orange County Flag dinner at the Irvine Hyatt • Congratulated daughter Lily on her graduation from Pioneer Middle School and for receiving the Principal's Award for outstanding academic performance; and daughter Emily who earned the Principal's Award at Ladera Elementary • Was keynote speaker at American Diabetes Association's Father's Day award dinner • Attended the Tustin Police Department's open house • Extended belated thanks and Happy Father's Day to fathers and grandfathers • Congratulated city staff on the budget • Announced that the police department will conduct a citizens academy in August • Announced that Concerts in the Park begins Wednesday MAYOR NIELSEN • On June 6 attended an Orange County Sanitation District Operations Committee meeting • On June 7 presented the State of the City • Attended Man and Woman of the year dinner • Announced that Boy Scout Troop 33 from Tustin Presbyterian celebrated its 60`h anniversary Attended the Tustin Community Foundation High Tea City Council June 19, 2012 Regular Meeting Minutes Page 11 of 12 • On June 13 attended the Chamber breakfast • Attended the Tustin Police Department's open house • Announced that Concerts in the Park starts Wednesday • Invited all to the 4th of July extravaganza beginning at 6:30 p.m. at Tustin High School • Announced that Movies in the Park starts July 26 at Peppertree Park ADJOURNED at 9:07 p.m. 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 June 19, 2012 Regular Meeting Minutes Page 12 of 12