HomeMy WebLinkAbout00 CC/SA/THA AGENDACITY OF TUSTIN JOINT REGULAR
MEETING OF THE CITY COUNCIL,
SUCCESSOR AGENCY TO THE
TUSTIN COMMUNITY
REDEVELOPMENT AGENCY
AND TUSTIN HOUSING AUTHORITY
Al Murray, Mayor Pro Tem
Jerry Amante, Councilmember John Nielsen, Mayor
Deborah Gavello, Councilmember
Rebecca "Beckie" Gomez, Councilmember
SEPTEMBER 4, 2012
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2296
ATTENDANCE
Jeffrey C. Parker, City Manager
David E. Kendig, City Attorney
Pamela Stoker, City Clerk
George Jeffries, City Treasurer
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
a. Consideration of Claim of Gaurav Sasspal, Claim No. 12 -17
4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt.
Code § 54956.9(a)] — Three cases
a. City of Tustin v. Leonard J. Nettles, Case
OR -CJC, Orange County Superior Court
b. City of Tustin v. Keybank, N.A., Case
CXC
c. Mira Properties v. City of Tustin, Orange
No. 30-2012-00563746-CU-
#30-2011-00529736-CU-FR-
County Superior Court Case
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.
No. 30- 2011- 00522643
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government
Code 54956.8) — Two cases
Property
Lots 1,2,3,4,5,6,7,8,9, 10,11, II, D, Final
Map
Address /Description
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
Property Tustin Legacy Disposition Package 2A to
Address /Description 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
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager, John
Buchanan, Program Manager, and special real
estate counsel Amy Freilich
Negotiating Parties Dan Young, President of Irvine Company
Community Development on behalf of Irvine
Company LLC; Steve Eggert and Tricia Malone,
co- owners and on behalf of St. Anton Partners,
LLC
Under Negotiation Price and Terms of Payment
JOINT REGULAR MEETING OF THE CITY COUNCIL,
SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY,
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2296
INVOCATION — Mayor Nielsen
City Council /Successor Agency/ September 4, 2012
Housing Authority Regular Meeting Agenda Page 2 of 10
PLEDGE OF ALLEGIANCE — Councilmember Gavello
ROLL CALL — City Clerk
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.
ANNOUNCEMENT — The City of Tustin is hosting a remembrance service for 9/11 on
Tuesday, September 11, at 5:30 p.m at Cedar Grove Park, 11385 Pioneer Road. The
program will consist of words of reflection, honor guard, and other tributes. The public is
invited.
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. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF)
In 1996, AB 3229 established the Citizen's Option for Public Safety (COPS)
grant program. Proceeds from the program can only be used for front line law
enforcement services that may include the purchase of new equipment, hiring of
additional personnel and increasing the opportunity for training of safety
personnel. For FY 2012 -13, we have been notified that the Police Department is
estimated to receive $100,000 in SLESF funding. The allocation for
SLESF /COPS grant funds for all law enforcement agencies is being coordinated
through the Orange County Sheriffs Department. All agencies have been
directed to move forward with expenditure authorization while waiting for the
final grant amounts to be determined.
The Police Department is proposing that this year's allocation be used to staff
the Crime Analyst position for a seventh consecutive year. Money remaining
after funding this position, if any, will be applied to crime analysis software
licensing and upgrades. In addition, there is carry-over money from the last two
fiscal years. It is recommended that the money be used to purchase a mobile
license plate recognition system. This bill requires both a public hearing and a
special fund established for these monies.
City Council /Successor Agency/ September 4, 2012
Housing Authority Regular Meeting Agenda Page 3 of 10
Recommendation: That the City Council:
1. Open and close a Public Hearing;
2. Authorize usage of the funds as recommended by the Police
Department;
3. Authorize the Chief of Police to sign all documents related to SLESF
program.
4. Appropriate from unappropriated reserves of the Supplemental law
Enforcement Services Fund (Fund 136) in the amount of $25,000 for the
acquisition of the mobile license plate recognition system.
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 15)
2. APPROVAL OF MINUTES — SPECIAL AND REGULAR MEETINGS OF THE
CITY COUNCIL HELD ON AUGUST 7, 2012; REGULAR MEETING OF THE
SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY HELD ON AUGUST 7, 2012; AND JOINT SPECIAL MEETING OF
THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY HELD ON AUGUST 14, 2012.
Recommendation: That the City Council approve the Action Minutes of the
Special and Regular Meetings of the City Council held on August 7, 2012;
Regular Meeting of the Successor Agency to the Tustin Community
Redevelopment Agency held on August 7, 2012; and Joint Special Meeting of
the City Council and Successor Agency to the Tustin Community
Redevelopment Agency held on August 14, 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 amounts of $702,983.71, $11,286.03,
$696,059.78 and $11,286.03; and Demands in the amounts of $3,188,770.84
and $6,577,606.77.
4. APPROVE COOPERATIVE AGREEMENT NO. D12 -037 WITH THE COUNTY
City Council /Successor Agency/ September 4, 2012
Housing Authority Regular Meeting Agenda Page 4 of 10
OF ORANGE FOR FUNDING OF ROADWAY IMPROVEMENTS IN THE CITY
OF TUSTIN AND ADOPT RESOLUTION NO. 12 -74 DECLARING PORTIONS
OF CERTAIN CITY ROADWAYS TO BE COUNTY HIGHWAYS FOR
PURPOSES OF CONSTRUCTION
In order for the County of Orange to proceed with its slurry seal project on Wass
Street, Red Hill Avenue, Browning Avenue, and Irvine Boulevard and its
pavement rehabilitation project on Melvin Way, within the City of Tustin,
Cooperative Agreement No. 12 -037 must be approved and those segments of
roadways be declared County highways for purposes of construction.
Recommendation: That the City Council approve Cooperative Agreement No.
D12 -037 with the County of Orange for the Slurry Seal of Various Streets in
Orange County 2012 -13 Project ( "Phase 1 Project) and the Asphalt Overlay
Resurfacing of Various Streets in Orange County 2012 -13 Project ('Phase 2
Project'), and adopt Resolution No. 12 -74, declaring portions of Wass Street,
Red Hill Avenue, Browning Avenue, Irvine Boulevard, and Melvin Way within
the City of Tustin to be County highways for purposes of roadway improvements
during the period of project construction, and authorize the Mayor and City Clerk
to execute the documents on behalf of the City.
RESOLUTION NO. 12 -74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DECLARING PORTIONS OF WASS STREET, RED HILL
AVENUE, BROWNING AVENUE, IRVINE BOULEVARD, AND MELVIN
WAY LOCATED WITHIN THE CITY OF TUSTIN TO BE COUNTY OF
ORANGE HIGHWAYS DURING CONSTRUCTION OF ROADWAY
IMPROVEMENTS BY THE COUNTY OF ORANGE
AUTHORIZE RELEASE OF MONUMENTATION BOND FOR TRACT MAP NO.
16792, MOFFETT MEADOWS PARTNERS, LLC (COLUMBUS GROVE,
FINANCE AND CONVEYANCE MAP)
The property monuments associated with Tract Map No. 16792 have been set,
inspected, and verified as complete. The Public Works Department is now
recommending release of the Monumentation Bond.
Recommendation: That the City Council authorize the release of
Monumentation Bond No. 024020661, in the amount of $7,000.00.
6. AUTHORIZE RELEASE OF MONUMENTATION BOND FOR TRACT MAP NO.
16857, MOFFETT MEADOWS PARTNERS, LLC (COLUMBUS SQUARE,
FINANCE AND CONVEYANCE MAP)
The property monuments associated with Tract Map No. 16857 have been set,
inspected, and verified as complete. The Public Works Department is now
City Council /Successor Agency/ September 4, 2012
Housing Authority Regular Meeting Agenda Page 5 of 10
recommending release of the Monumentation Bond.
Recommendation: That the City Council authorize the release of
Monumentation Bond No. 024020660, in the amount of $10,000.00.
7. TUSTIN RANCH ROAD PHASE 2 ROADWAY IMPROVEMENTS PROJECT
BRIDGE OVERCROSSING
The Tustin Ranch Road Extension project is entering the second and final
phase of construction. With the construction contract, bonds, and insurances
approved and executed, a Notice to Proceed has been issued to RJ Noble with
a project start date of August 23, 2012.
A key component of the Phase 2 work is the bridge overcrossing Edinger
Avenue, the Regional Orange County Flood Control Santa Ana /Santa Fe
Channel, and the Southern California Regional Rail Authority (SCRRA) Railway
tracks. Construction of the bridge will require the installation of 190 driven piles
to support the bridge superstructure and pile placement will generate noise and
vibration typical of any pile- driving operation. In addition, due to the close
proximity of the rail tracks trains will sound their horns traversing the
construction zone as a measure of life safety and precaution pursuant to the
project agreement with SCRRA.
Recommendation: Receive and file.
8. APPROVE AGREEMENT FOR ACQUISITION OF A TEMPORARY
CONSTRUCTION EASEMENT AT 1828 N. TUSTIN AVE, SANTA ANA (APN
396- 333 -01) FOR THE TUSTIN AVENUE WATER WELL REPLACEMENT
PROJECT CIP 60150
The proposed Agreement for the Acquisition of a Temporary Construction
Easement (TCE) at 1828 N. Tustin Avenue, Santa Ana is one of two easements
required by the City for a public project entitled the Tustin Avenue Water Well
Replacement Project CIP 60150 ( "Project'), which is a project to construct a
replacement water well at 1822 N. Tustin Avenue in the City of Santa Ana.
Recommendation: That the City Council approve the Agreement for the
Acquisition of a Temporary Construction Easement (TCE) with the adjacent
property owner, Jonathan Scott Newcom, trustee of the Jonathan Scott
Newcom Trust at 1828 N. Tustin Avenue, Santa Ana (Assessor Parcel No. 396-
333-01); and authorize the Mayor and City Clerk to execute the agreement and
associated documents on behalf of the City.
9. APPROVE CROSSROAD CHURCH PROJECT IMPLEMENTATION
AGREEMENT AND MEMORANDUM IN CONJUNCTION WITH THE TUSTIN
RANCH ROAD EXTENSION PROJECT BETWEEN WALNUT AVENUE AND
City Council /Successor Agency/ September 4, 2012
Housing Authority Regular Meeting Agenda Page 6 of 10
VALENCIA AVENUE (CIP No. 70100)
Staff is requesting the City Council and the Successor Agency to the Tustin
Community Redevelopment Agency approve the Project Implementation
Agreement and Memorandum with Crossroad Church located at 2472 Walnut
Avenue to provide for implementation of applicable noise mitigation measures.
The noise mitigations are required measures identified in the Final Supplement
#1 to the Final EIS /EIR for the Tustin Ranch Road Extension Project (CIP No.
70100)
Recommendation: That the City Council and the Successor Agency to the
Tustin Community Redevelopment Agency approve the attached documents for
2472 Walnut Avenue (Crossroad Church) including the Project Implementation
Agreement and Memorandum of Project Implementation Agreement, and
authorize the Mayor or the City Manager to execute on behalf of the City and
Successor Agency, subject to approval as to form with any minor non -
substantive modifications required by the City Attorney.
10. FIRST AMENDMENT TO THE RENTAL AGREEMENT BETWEEN THE CITY
OF TUSTIN AND NATIONAL OFFICE LIQUIDATORS FOR A PORTION OF
THE BUILDING LOCATED AT 15171 DEL AMO AVENUE
Approval is requested to extend the Term of the Rental Agreement between the
City and National Office Liquidators, Inc. (Tenant), for a City -owned property
located at 15171 Del Amo Avenue.
Recommendation: That the City Council authorize the City Manager to execute
the attached First Amendment to the Rental Agreement with National Office
Liquidators, Inc. and support the finding that the amended Rental Agreement is
at market value and no further policy directions, as outlined in Tustin City Code
Section 7960(B), are required.
11. 2012 BIENNIAL CONFLICT OF INTEREST REVIEW
Biennially the City is required to review the list of designated positions in the
Conflict of Interest Code.
Recommendation: Adopt Resolution No. 12 -78 modifying the Appendix
(Designated Positions) contained in the City's Conflict of Interest Code.
RESOLUTION NO. 12 -78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS
CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY
OF TUSTIN, AND REPEALING RESOLUTION NO. 10 -96
City Council /Successor Agency/ September 4, 2012
Housing Authority Regular Meeting Agenda Page 7 of 10
12. PROFESSIONAL ACCOUNTING SERVICES FOR DUE DILIGENCE REVIEW
OF SUCCESSOR AGENCY
Approval is requested to enter into an agreement with a licensed accountant,
approved by the county auditor - controller, to conduct a due diligence review of
the Successor Agency in order to determine the unobligated balances available
for transfer to taxing entities.
Recommendation: It is recommended the City Council, acting as the Successor
Agency, authorize the City Manager or the Finance Director to enter into an
agreement for professional accounting services for the due diligence review with
White Nelson Diehl Evans LLP, Certified Public Accountants & Consultants.
13. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT
In accordance with Tustin Housing Authority Bylaws, the Annual Meeting is
scheduled to occur on the first Tuesday of September. At the meeting, the
Tustin Housing Authority's Annual Report is to be presented.
Recommendation: That the Tustin Housing Authority Commissioners continue
the Annual Meeting and Annual Report to the next scheduled meeting on
September 18, 2012.
14. POLICE DEPARTMENT VEHICLE PURCHASES
Eight (8) Police Department patrol vehicles are in need of replacement. The
Department has determined the need to purchase eight (8) Dodge Charger
pursuit rated vehicles. Additionally, there will be a need to award a contract for
police equipment conversion work for the newly purchased police units.
Recommendation: That the City Council authorize:
1. The purchase of eight (8) 2012 Dodge Charger police rated vehicles from
McPeek's Dodge in Anaheim, California, in the amount of $219,724.80
(including tax, license, fees and delivery)
2. The purchase of police equipment conversion packages for the
conversion of eight (8) 2012 Dodge Chargers from Hi- Standard
Automotive in Orange, California, in the amount of $44,737.92.
3. The additional change -over costs for eight (8) 2012 Dodge Chargers from
four (4) additional vendors, in the amount of $7,108.40 (graphic signs,
solar panels, antennas and trunk fans).
4. The Public Works Department to dispose of the retired surplus vehicles
at the next available public auction and credit net proceeds to the
applicable City Revenue Fund.
15. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE
City Council /Successor Agency/ September 4, 2012
Housing Authority Regular Meeting Agenda Page 8 of 10
THE NOTICE OF COMPLETION FOR THE COLUMBUS TUSTIN PARK
PLAYGROUND RENOVATION (CIP NO. 20067)
The Columbus Tustin Park playground renovations have been completed and
the project is ready for acceptance and filing of the Notice of Completion.
Recommendation: That the City Council:
1. Adopt Resolution No. 12 -75 accepting the Columbus Tustin Park
Playground Renovation (CIP No. 20067), and
2. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's Office.
RESOLUTION NO. 12 -75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
CALIFORNIA ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING THE RECORDATION OF THE NOTICE OF
COMPLETION FOR THE COLUMBUS TUSTIN PARK PLAYGROUND
RENOVATION (CIP NO. 20067)
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Items 16 -19)
16. SET INTERVIEW DATE FOR VACANCY ON PLANNING COMMISSION
Staff is requesting that the City Council set a date and time to conduct
interviews to fill an unexpired term on the Planning Commission.
Recommendation: Pleasure of the City Council.
17. DELEGATION OF AUTHORITY TO APPOINT CITY CLERK
The voters of the City of Tustin have determined that the position of City Clerk
should be an appointed rather than elected position. Pursuant to prior City
Council direction, the attached Ordinance would, if approved, vest with the City
Manager the authority to appoint and remove the City Clerk.
Recommendation: By motion, approve first reading by title only, and waive
further reading, of Ordinance No. 1417 of the City Council of the City of Tustin
Adopting Tustin City Code Section 1424 And Amending Section 1415 Vesting In
The City Manager The Authority To Appoint The City Clerk.
City Council /Successor Agency/ September 4, 2012
Housing Authority Regular Meeting Agenda Page 9 of 10
ORDINANCE NO. 1417
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING THE TUSTIN CITY CODE TO MAKE THE
POSITION OF CITY CLERK AN APPOINTED POSITION PURSUANT
TO AN INITIATIVE ADOPTED BY THE VOTERS AT THE
NOVEMBER 2, 2010 GENERAL ELECTION
18. RESPONSE TO JULY 2, 2012 GRAND JURY REPORT
Pursuant to California law, the City Council is requested to authorize for
submittal to the Presiding Judge of the Orange County Superior Court a
response to the July 2, 2012 Orange County Grand Jury Report entitled, "The
Use of Government Influence on a Private Educational Institution."
Recommendation: Pleasure of the Council
19. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
ADJOURN to Tuesday, September 18, 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 /Successor Agency/ September 4, 2012
Housing Authority Regular Meeting Agenda Page 10 of 10