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Home My WebLink About01 CC/SA MINUTES 12-04-12Agenda Item Reviewed: City Manager Finance Director MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 CENTENNIAL WAY TUSTIN, CA CALL TO ORDER — Meeting #2304 at 7:05 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, Deborah Gavello and Rebecca "Beckie" Gomez Absent: None City Clerk: Patricia Estrella, City Clerk Others Present: David E. Kendig, City Attorney ORAL COMMUNICATION/PUBLIC INPUT — • Rob Patterson, Orange County Fire Authority • Kay Kearney, Tustin Community Foundation • Erin Nielsen, Tustin Community Foundation 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 City Council/Successor Agency December 4, 2012 Minutes Page 1 of 10 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tem Murray to 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 Motion carried 5 -0 OATHS OF OFFICE • Oaths of Office 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. It was moved by Mayor Nielsen and seconded by Councilmember Bernstein to nominate Al Murray as Mayor. Motion carried 5 -0 It was moved by Mayor Murray seconded by Councilmember Bernstein to nominate Chuck Puckett as Mayor Pro Tem. Motion carried 4 -0 -1 (Councilmember Gomez abstained) CONSENT CALENDAR ITEMS 3 -10 It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Nielsen to pull consent items 3 and 5 and to approve the balance of the consent calendar items on the City Council /Successor Agency December 4, 2012 Minutes Page 2 of 10 agenda as recommended by staff. Motion carried 5 -0 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 Councilmember Gomez requested to have an interest list generated to notify residents of upcoming vacancies and reflected in the November 20, 2012 Action Minutes. It was moved by Councilmember Gomez and seconded by Councilmember Bernstein to approve, with the addition of the commission interest list, 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. Motion carried 5 -0 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. Councilmember Gomez requested that the city attorney obtain the letter from Regency Centers regarding the conflict of interest. City Council /Successor Agency December 4, 2012 Minutes Page 3 of 10 City Attorney, David Kendig, responded that the City has received the letter from the law firm of Armbruster Goldsmith and Delvac, which was attached to the staff report, and the signed letter from Regency Centers consenting to that representation as well. It was moved by Councilmember Gomez and seconded by Councilmember Nielsen to 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. Motion carried 5 -0 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 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 City Council /Successor Agency December 4, 2012 Minutes Page 4 of 10 the City and Vertex Communications Inc. for the installation of Category 6 cabling infrastructure in all City facilities. 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 — lZIMFURIAM411 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 documents on behalf of the City. 10. AWARD CONTRACT FOR THE EDINGER AVENUE WELL — PHASE I DRILLING PROJECT CIP 60165 City Council/Successor Agency December 4, 2012 Minutes Page 5 of 10 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 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. It was moved by Councilmember Nielsen and seconded by Councilmember Gomez to 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. Motion carried 5 -0 OTHER BUSINESS /COMMITTEE REPORTS CITY MANAGER • Welcomed new councilmembers and, on behalf of staff, look forward to working City Council /Successor Agency December 4, 2012 Minutes Page 6 of 10 with them CITY ATTORNEY  Welcomed new councilmembers and look forward to working with them COUNCILMEMBER GOMEZ  Welcomed Chuck Puckett and Allan Bernstein to the Council; will be good working with both of them  Attended the Senior Advisory meeting on November 29; presentation by Tustin High School students; the Senior Center will partner with them to hold a senior prom in February; produced a 2013 calendar which will be for sale  Participated in the Alzheimer’s walk on December 1; Remember Tustin team raised approximately $3,600  Congratulated Fullerton Mayor, Sharon Quirk-Silva, on her election to the State Assembly representing the 65th District  Congratulated the City of Stockton’s newly elected councilmember Michael Tubbs  Looking forward to the tree lighting on Friday, December 7 at 6:00 p.m.  Looking forward to the art wall presentation on Saturday, December 8  Expressed farewell wishes to Jerry Amante and Deborah Gavello COUNCILMEMBER NIELSEN  Provided a report for the Orange County Sanitation District’s Steering Committee  Welcomed new members of the Council; Dr. Allan Bernstein and former Mayor Chuck Puckett  Thanked Tustin residents for their trust and votes  Thanked family, friends and neighbors who worked very hard on his campaign  Congratulated Doug Davert for being elected to the East Orange Water Board  Congratulated Jeff Thomas for being re-elected as board member to the Municipal Water District of Orange County Division 6  Congratulated Assemblyman Don Wagner on his re-election  Hoped for Tustin/Foothill playoff; congratulated both teams on an excellent season COUNCILMEMBER BERNSTEIN  Humbled by winning the election; looks forward to serving the people of Tustin with all his energy and attention  Thanks the citizens of Tustin for trusting him with this responsibility  Thanked his family; honored and privileged to have his mom there; thanked his wife Randi, son Adam and family members who were there to support him  Privileged to be given the opportunity to get to know city staff; thanked staff for their hard work; looks forwarding to working with them MAYOR PRO TEM PUCKETT City Council/Successor Agency December 4, 2012 Minutes Page 7 of 10 • Enjoyed getting to know Dr. Allan Bernstein throughout the campaign • Thanked his wife for support • Honored to be elected to the Council • Thanked citizens of Tustin and supporters; pledged to do his best MAYOR MURRAY • Acknowledged the Tustin Police Department; on November 21, the department handed out meals to needy families at the Tustin Area Family Center • Attended the Newport Bay Executive Watershed Committee meeting on November 21 • Attended the Orange County Transportation Authority's new board member orientation meeting on November 26 • Attended the Women's Group lunch at Tustin Ranch Golf Club on November 30 • Met with OCFA on November 21 at the Monterey Pines apartments • Looking forward to the tree lighting ceremony and art wall • Thanked all in attendance; looking forward to working with staff in his new leadership role • Thanked wife Tami and daughters Lily and Emily • Mentioned his daughter Lily had her first high school water polo game today • Recognized outgoing Mayor John Nielsen for his service RECESSED at 8:08 p.m. — RECEPTION IMMEDIATELY FOLLOWING MEETING AT CLIFTON C. MILLER COMMUNITY CENTER RECONVENE IN CLOSED SESSION at 8:50 p.m. Is] 1101-11:4 CALL TO ORDER — Meeting #2304 at 8:50 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Dr. Allan Bernstein Absent: None City Clerk: None Others Present: David E. Kendig, City Attorney PUBLIC INPUT — None City Council/Successor Agency December 4, 2012 Minutes Page 8 of 10 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. SACV1 2-01547 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, 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 Property Address/Description Agency City Negotiators Negotiating Parties Under Negotiation Lots 1,2,3A5,6,7,8,9, 10,11, 11, 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 John Buchanan, Program Manager O.C. Property Company, LLC, represented by Rick Kaplan, Mark Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. 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 00000 in Tract 17404. City Council/Successor Agency Minutes December 4, 2012 Page 9 of 10 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 at 10:58 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig — No reportable action ADJOURNED at 10:58 p.m. — 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 Minutes Page 10 of 10