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Home My WebLink About00 AGENDA 08-07-12CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Al Murray, Mayor Pro Tern Jerry Amante, Councilmember Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember • John Nielsen, Mayor AUGUST 7, 2012 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2294 INVOCATION — Councilmember Gavello PLEDGE OF ALLEGIANCE — Councilmember Gomez ROLL CALL — City Clerk PRESENTATION • Nancy Nygren, CEO, Girl Scouts of Orange County, and recipient of the Orange County Business Journal's 2012 Women in Business Award 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. 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. 1 2 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 6) APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 17, 2012 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on July 17, 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 amounts of $11,153.05 and $874,706.64; and Demands in the amounts of $5,458,439.65 and $166,994.58. 3. ACCEPT PUBLIC IMPROVEMENTS AND AUTHORIZE RELEASE OF BONDS FOR TRACT MAP NO. 16581, MOFFETT MEADOWS PARTNERS, LLC (COLUMBUS SQUARE) All public non - backbone improvements associated with Tract Map No. 16581 have been completed. The Public Works Department is now recommending acceptance of the public improvements and release of the public improvement and monumentation bonds. Recommendation: That the City Council take the following actions- 1 . Accept the public improvements for Tract Map No. 16581; and 2. Authorize the City Clerk's office to release the following bonds in the indicated amounts: • Faithful Performance Bond (Bond No. 4410268) $2,786,300.00 • Labor & Material Bond (Bond No. 4410268) $1,393,150.00 • Warranty Bond (Bond No. 4410268) $278,630.00 • Monumentation Bond (Bond No. 217 0069) $100,000.00 4. DESTRUCTION OF RECORDS Resolution No. 01 -91, the Records Retention Schedule, permits destruction of City Council August 7, 2012 Regular Meeting Agenda Page 2 of 6 records and documents which meet certain criteria with the approval of the City Attorney and the City Council. Recommendation: Adopt Resolution No. 12 -25, authorizing the destruction of records in the possession of the Human Resources Department. The records consist of calendar year 2006 -2007 police applicant background files of individuals who were not hired by the city. RESOLUTION NO. 12 -25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF THE HUMAN RESOURCES DEPARTMENT OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS, PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE 5. 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. 6. APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF TUSTIN AND COUNTY OF ORANGE RELATED TO A PORTION OF MCAS TUSTIN AND THE ORANGE COUNTY REGIONAL LAW ENFORCEMENT TRAINING CENTER /ANIMAL CARE CENTER Approval is requested of an Agreement between the City of Tustin and County of Orange which will permit the development of the Orange County Regional Law Enforcement Training Center /Animal Control facility at Tustin Legacy. Recommendation: Subject to non - substantive modifications as may be determined necessary by the City's Special Counsel, Kutak Rock, prior to execution by all parties, approve and authorize the City Manager, or designee to execute the Agreement between the City of Tustin and County of Orange related to a portion of MCAS Tustin and the Orange County Regional Law Enforcement Training Center /Animal Care Center and to carry out all actions necessary to implement the Agreement including the execution of all related documents and any miscellaneous escrow obligations. City Council August 7, 2012 Regular Meeting Agenda Page 3 of 6 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 7 through 8) 7. APPROVAL OF AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH REGENCY ACQUISITION, LLC FOR TUSTIN LEGACY DISPOSITION PACKAGE 1C The City Council recently reviewed price, terms, and payment for Disposition Package 1 C and directed staff to prepare an Exclusive Agreement to Negotiate with Regency Centers Acquisition, LLC for disposition and development of Disposition Package 1 C in the Tustin Legacy Project (the "Legacy "). Recommendation: Authorize the City Manager to execute the attached Exclusive Agreement to Negotiate ( "ENA ") between the City of Tustin and Regency Centers Acquisition, LLC, 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. 8. LEGISLATIVE REPORT AFFIRMATION OF CITY'S COMPLIANCE WITH THE BROWN ACT At the request of the Mayor, a City Council Resolution is proposed which reaffirms the City's commitment to continued compliance with the Ralph M. Brown Act ( "Brown Act ") notwithstanding the California Legislature's recent suspension of some of the Brown Act's provisions relating to, among other things, preparation and posting of agendas; disclosure in open session of items to be discussed in closed session; and the reporting out in open session of specified actions and votes taken in closed sessions. Recommendation: Approve Resolution 12 -73 Affirming the City's Commitment to Continued Compliance with the Brown Act. RESOLUTION NO. 12 -73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AFFIRMING THE CITY'S COMMITMENT TO CONTINUED COMPLIANCE WITH THE RALPH M. BROWN ACT. OTHER BUSINESS /COMMITTEE REPORTS City Council August 7, 2012 Regular Meeting Agenda Page 4 of 6 ADJOURN TO SUCCESSOR AGENCY MEETING CLOSED SESSION MEETING CALL TO ORDER — Meeting #2294 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. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 • Consideration of Claim of Sayed Mirrafati, Claim No. 12 -07 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — One case • Property Address /Description: 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 Agency: City of Tustin City Negotiators: Jeffrey C. Parker, City Manager, and John Buchanan, Program Manager 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. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — Six cases • City of Tustin v. Keybank, N.A., Case #30- 2011 - 00529736- CU- FR -CXC City Council August 7, 2012 Regular Meeting Agenda Page 5 of 6 • 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 • Rita Rodriguez, et al vs. Marie Palumbo, et al, Case No 30- 2012 - 00565374; Orange County Superior Court • City of Tustin v. Leonard J. Nettles, Case No. 30- 2012 - 00563746- CU -OR- CJC, Orange County Superior Court • Mira Properties v City of Tustin, Orange County Superior Court Case No. 30- 2011- 00522643 RECONVENE IN OPEN SESSION CLOSED SESSION REPORT — City Attorney David E. Kendig ADJOURN to Special Meeting of the City Council on August 14, 2012 at 5:00 p.m. in the Council Chamber. The next regular meeting of the City Council will be Tuesday, September 4, 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 August 7, 2012 Regular Meeting Agenda Page 6 of 6