The URL can be used to link to this page

Home My WebLink AboutCC Minutes 2012-08-07I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY TUSTIN, CA AUGUST 7, 2012 REGULAR MEETING 7:00 P.M. CALL TO ORDER - Meeting #2294 at 7:04 p.m. INVOCATION - Councilmember Gavello PLEDGE OF ALLEGIANCE - Councilmember Gomez ' 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 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 - • Pat Buttress RECESSED TO CLOSED SESSION at 7:13 p.m. 1 RECONVENED at 7:33 p.m. City Council August 7, 2012 Regular Meeting Minutes Page 1 of 8 CLOSED SESSION REPORT — No reportable action. ' CONSENT CALENDAR ITEMS 1 -6 It was moved by Mayor Pro Tern Murray and seconded by Councilmember Gavello to pull consent items 5 and 6 and to approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried 5 -0 RECESSED at 7:38 p.m. RECONVENED at 7:42 p.m. 1. 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. 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 $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 City Council August 7, 2012 Regular Meeting Minutes Page 2 of 8 ' 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 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray to receive and file. Motion carried 4 -1 ( Councilmember Gavello dissenting) 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 City Council August 7, 2012 Regular Meeting Minutes Page 3 of 8 of Orange which will permit the development of the Orange County Regional ' Law Enforcement Training Center /Animal Control facility at Tustin Legacy. City Attorney David E. Kendig submitted the following amendment: "If the City's Special Counsel, Kutak Rock approves it, add to the end of the final sentence of Section 1.3.3 "and consistent with the provisions of the Agreement between the SOCCCD and the County ", or words to that effect." Motion: It was moved by Councilmember Amante and seconded by Mayor Nielsen as amended above and 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. Motion carried 5 -0 REGULAR BUSINESS ITEMS 7 -8 ' 7. APPROVAL OF AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH REGENCY ACQUISITION, LLC FOR TUSTIN LEGACY DISPOSITION PACKAGE 1C A Power Point Presentation was given by Program Manager John Buchanan Public Input: John Meehigan 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 1C in the Tustin Legacy Project (the "Legacy "). Motion: It was moved by Councilmember Gavello and seconded by Mayor Pro Tern Murray to 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. Motion passed 5 -0 ' City Council August 7, 2012 Regular Meeting Minutes Page 4 of 8 ' 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. Motion: It was moved by Councilmember Gavello and seconded by Mayor Pro Tem Murray to approve Resolution 12 -73 Affirming the City's Commitment to Continued Compliance with the Brown Act. Motion carried 5 -0 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. IOTHER BUSINESS /COMMITTEE REPORTS CITY MANAGER JEFF PARKER. • Thanked Justina Willkom and Stephanie Najera for efforts in putting together certificate for Tustin Toyota presentation and to Community Development Director Elizabeth Binsack for assistance with the project. COUNCILMEMBER GAVELLO • Acknowledged daughter Natalie and congratulated her as Vice President of Academic Affairs at UC Berkeley • Stated she is not planning to run for reelection • Attended Strategic Planning Workshop and thanked those at her table • Attended Tustin Toyota ribbon cutting COUNCILMEMBER GOMEZ • On July 19 attended Tustin Public Schools Foundation summer school academy • Attended the retirement party for Christine Shingleton • Attended the ribbon cutting for Pac Trust Bank • Attended the Chamber business breakfast where the mayor was speaker tWished candidates good luck COUNCILMEMBER AMANTE City Council August 7, 2012 Regular Meeting Minutes Page 5 of 8 • Attended Pac Trust Bank grand opening I • On July 26 attended an ACCOC reception in the newly remodeled Disneyland Hotel • Complimented those at his Strategic Planning Workshop table MAYOR PRO TEM MURRAY • Attended the Orange County Fire Authority trustee board meeting • Could not attend the Tustin Toyota ground breaking but complimented staff on the project • Attended Pac Trust Bank ribbon cutting • Complimented Strategic Plan Workshop table MAYOR NIELSEN • Thanked staff for Strategic Planning Workshop efforts • Announced there are two Concerts in the Park and three Movies in the Park remaining • Attended Chris Shingleton's retirement party • Attended ribbon cutting at Pac Trust Bank • Spoke on July 20 at the Tustin Chamber government relations business meeting • Attended Boy Scout Troop 243 10th anniversary party • Attended Orange County Sanitation District operations committee meeting • Attended Association of California Cities Orange County government officials ' reception • Attended Orange County Sanitation District open house • Attended Court of Honor for Peter Hodgson • Announced that August 1 was the 100th anniversary of the first Eagle Scout • On July 31 met with Tustin Unified School District Superintendent Franklin • Stated that National Night Out was held tonight ADJOURN TO SUCCESSOR AGENCY MEETING at 8:17 p.m. CLOSED SESSION MEETING CALL TO ORDER — Meeting #2294 at 8:18 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: Pamela Stoker, City Clerk Others Present: David E. Kendig, City Attorney City Council August 7, 2012 Regular Meeting Minutes Page 6 of 8 IPUBLIC 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. 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 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 RECONVENED IN OPEN SESSION at 9:56 p.m. City Council August 7, 2012 Regular Meeting Minutes Page 7 of 8 CLOSED SESSION REPORT — City Attorney David E. Kendig The City Council met in Closed Session and unanimously denied Claim No. 12 -07. Otherwise, no reportable action. ADJOURNED at 9:57 p.m. 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. it • City Clerk PAMELA STOKLMI City Council August 7, 2012 Regular Meeting Minutes Page 8 of 8 F