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Home My WebLink About00 CC AGENDA 12-04-12 CITY OF TUSTIN JOINT REGULAR DECEMBER 4, 2012 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND SUCCESSOR AGENCY TO THE 300 CENTENNIAL WAY, TUSTIN TUSTIN COMMUNITY REDEVELOPMENT AGENCY Al Murray, Mayor Pro Tem Jeffrey C. Parker, City Manager Jerry Amante, Councilmember John Nielsen, Mayor David E. Kendig, City Attorney Deborah Gavello, Councilmember Pamela Stoker, City Clerk Rebecca “Beckie” Gomez, Councilmember George Jeffries, City Treasurer JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. CALL TO ORDER – Meeting #2304 INVOCATION – Mayor Pro Tem Murray PLEDGE OF ALLEGIANCE – Councilmember Amante 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. 1. DECLARING RESULTS OF NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION On November 6, 2012, the City's General Municipal Election was held to elect three Members of the City Council and to cast ballots regarding Measure HH (Shall an ordinance be adopted repealing Tustin City Code Sections 1303 and 1308(A)-(D), to eliminate City Council Member monthly salary and City Council compensation consisting of participation in the City Medical, Dental Insurance, Life Insurance Programs, and Retirement Benefits?). The Orange County Registrar of Voters has certified the results of that election. 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 Recommendation: Adopt Resolution No. 12-109 declaring the results and other such matters as provided by law for the November 6, 2012 General Municipal Election. RESOLUTION NO. 12-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2012, AND OTHER SUCH MATTERS AS PROVIDED BY LAW OATHS OF OFFICE Oaths of Office will be administered to John Nielsen, Charles E. “Chuck” Puckett, and Allan Bernstein by Assemblyman Don Wagner 2. MAYOR AND MAYOR PRO TEM SELECTION The City Council selects those members of the Council who will serve as Mayor and Mayor Pro Tem. Recommendation: Pleasure of the City Council. 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 3 through 10) 3. APPROVAL OF MINUTES – JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY HELD NOVEMBER 20, 2012 Recommendation: That the City Council and Successor Agency to the Tustin Community Redevelopment Agency approve the Action Minutes of the Joint Regular Meeting of the City Council, Successor Agency to the Tustin Community Redevelopment Agency and Tustin Housing Authority held November 20, 2012. 4. APPROVAL OF DEMANDS City Council/Successor Agency December 4, 2012 Meeting Agenda Page 2 of 7 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 Demands in the amount of $3,721,818.40. 5. CONSENT TO REPRESENTATION IN REAL PROPERTY NEGOTIATIONS Consent is sought to allow Amy Freilich and the law firm of Armbruster, Goldsmith and Delvac to continue to represent and advise the City of Tustin in complex real property negotiations regarding the potential sale of property at the former MCAS Tustin to Regency Centers. The firm previously represented Regency Centers in unrelated real estate matters, the most recent of which was completed more than three years ago, so the City's consent is needed to allow the firm to represent the City now. Recommendation: Approve consent to the continued representation by Armbruster, Goldsmith and Delvacin negotiations regarding the potential sale of property at the former MCAS Tustin to Regency Centers, and direct the City Attorney and City Manager to approve the attached letter waiving the potential conflict. 6. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR TUSTIN SPORTS PARK BASEBALL DIAMOND #2 (CIP NO. 20060) Tustin Sports Park Baseball Diamond #2 renovations are completed and the project is ready for acceptance and filing of the Notice of Completion. Recommendation: 1. Adopt Resolution No. 12-101 accepting the Tustin Sports Park Baseball Diamond #2 Renovation (CIP No. 20060), and 2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office. RESOLUTION NO. 12-101 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 TUSTIN SPORTS PARK BASEBALL DIAMOND #2 (CIP NO. 20060) 7. APPROVE AGREEMENT FOR CATEGORY 6 CITY WIDE CABLING INFRASTRUCTURE PROJECT City Council/Successor Agency December 4, 2012 Meeting Agenda Page 3 of 7 City Council approved funding for fiscal year 2012-2013 to upgrade the City's computer network infrastructure which includes installing Category 6 cabling infrastructure in all City facilities to improve speed and efficiency of information between the computer workstations and the data center. Recommendation: That the City Council approve the agreement between the City and Vertex Communications Inc. for the installation of Category 6 cabling infrastructure in all City facilities. 8. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer/traffic impact fees, and funds expended by the City which satisfy the Maintenance of Effort (MOE). The Orange County Transportation Authority (OCTA) established the MOE benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds, the City's required MOE expenditure is $1,119,535. Recommendation: That the Tustin City Council Adopt Resolution No. 12-108, adopting the Measure M2 Expenditure Report for Fiscal Year 2011-2012 and direct staff to file the report with the Orange County Transportation Authority. RESOLUTION NO. 12-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE ANNUAL MEASURE M2 FAIRSHARE EXPENDITURE REPORT FOR FISCAL YEAR 2011-2012 9. AWARD CONTRACT FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS – PHASE 2 CIP 40079 AND THE TRAFFIC SIGNAL CONTROLLER EQUIPMENT UPGRADES/REPLACEMENTS – PHASE 2 CIP 40080 Staff is requesting that the City Council award the construction contract for the Traffic Signal Battery Backup System (BBS) Installations, Phase 2 CIP 40079, and the Traffic Signal Controller (TSC) Equipment Upgrades/Replacements, Phase 2 CIP 40080 to the lowest responsive/responsible bidder. Recommendation: That the City Council award the construction contract for the Battery Backup System Installations - Phase 2 CIP 40079 and the Traffic Signal Controller Equipment Upgrades/Replacements - Phase 2 CIP 40080 to the lowest responsive/responsible bidder, Pelagic Engineering, in the amount of $265,000, and authorize the Mayor and the City Clerk to execute the contract City Council/Successor Agency December 4, 2012 Meeting Agenda Page 4 of 7 documents on behalf of the City. 10. AWARD CONTRACT FOR THE EDINGER AVENUE WELL – PHASE I DRILLING PROJECT CIP 60165 Staff is requesting that the City Council award the construction contract for the Edinger Avenue Well – Phase I Drilling Project CIP 60165 to the lowest responsive/responsible bidder. Recommendation: That the City Council award the construction contract for the Edinger Avenue Well – Phase I Drilling Project to the lowest responsive/responsible bidder, South West Pump & Drilling, Inc. in the amount of $1,527,233.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 11) 11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1414, APPROVING SPECIFIC PLAN AMENDMENT 2012-001, INCLUDING AMENDMENT OF THE TUSTIN ZONING MAP, TO PROVIDE A GENERAL UPDATE TO THE FIRST STREET SPECIFIC PLAN Following significant public outreach, discussion of issues and opportunities, and exploration of potential improvements, on October 23, 2012, the Tustin Planning Commission adopted Resolution No. 4209 recommending that the Tustin City Council adopt Ordinance No. 1414, approving Specific Plan Amendment 2012-001 to provide a general update of the First Street Specific Plan. Council consideration of Specific Plan Amendment 2012-001 requires consideration of associated amendments to the Tustin General Plan (General Plan Amendment 2012-001) and supporting environmental documents. Have second reading by title only and adoption of Ordinance No. 1414 (roll call vote). ORDINANCE NO. 1414 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 2012-001, INCLUDING AMENDMENT OF THE TUSTIN ZONING MAP, TO PROVIDE A GENERAL UPDATE TO THE FIRST STREET SPECIFIC PLAN. City Council/Successor Agency December 4, 2012 Meeting Agenda Page 5 of 7 OTHER BUSINESS/COMMITTEE REPORTS RECESS – RECEPTION IMMEDIATELY FOLLOWING MEETING AT CLIFTON C. MILLER COMMUNITY CENTER RECONVENE IN CLOSED SESSION CLOSED SESSION MEETING CALL TO ORDER – Meeting #2304 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 – INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] – Two Cases 2. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] – Two Cases 3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Govt. Code § 54956.9(a)] – Six cases 1. Tustin Unified School District v. City of Tustin et al., Case No. 30-2010- 00345476, Orange County Superior Court 2. City of Tustin v. Tustin Unified School District et al., Case No. 30-2011- 501073; Orange County Superior Court 3. Elizabeth Landeros; Maria Cerda Reyes; and Benito Herrera v. City of Tustin, Case No. SACV12-01547 JST (RNBx) 4. Marie Sales, Individually and on behalf of the Estate of Paul J. Quintanar v. The City of Tustin a Governmental Entity, Chief of Police Scott Jordan, Officer A. Gleason, Officer J. Monsoor, and Officer Roque and Does 1-10 5. Eloisa Gutierrez, on behalf of Hailey Herrera, a minor; Benny Herrera Jr., a minor; and Amanda Herrera, a minor v. City of Tustin, a public entity, City Council/Successor Agency December 4, 2012 Meeting Agenda Page 6 of 7 Police Chief, Scott Jordan, an individual, and Does 1 through 50, inclusive, Case No. 00597466 6. City of Tustin v. Keybank, N.A., Case #30-2011-00529736-CU-FR-CXC 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) – Two cases 1. 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 O.C. Property Company, LLC, 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 2. Property Tustin Legacy Disposition Package 1B to include Address/Description sale of Lots 8, 13, 14 and a portion of lettered lot OOOOO in Tract 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, and John Buchanan, Program Manager Negotiating Parties Ted McKibbin, President Standard Pacific Homes, Southern California Coastal Under Negotiation Price and Terms of Payment RECONVENE IN OPEN SESSION CLOSED SESSION REPORT – City Attorney David E. Kendig ADJOURNMENT – The next meeting is scheduled for Tuesday, December 18, 2012 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Successor Agency December 4, 2012 Meeting Agenda Page 7 of 7