HomeMy WebLinkAbout02 CC MINUTES 2-2-10Agenda Item 2
Reviewed:
City Manager
MINUTES Finance Director N/A
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL, REDEVELOPMENT AGENCY
AND TUSTIN PUBLIC FINANCING AUTHORITY
FEBRUARY 2, 2010
CALL TO ORDER -Meeting #2229 at 5:30 p.m.
ATTENDANCE
Present: Mayor Jerry Amante, Mayor Pro Tem John Nielsen, and
Councilmembers Doug Davert and Deborah Gavello
Absent: Councilmember Jim Palmer
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: William Huston, City Manager; and Douglas Holland, City Attomey
PUBLIC 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:
A. EXPOSURE TO LITIGATION [Govt. Code § 54856.9(b)] -Two Cases
B. EXISTING LITIGATION [Govt. Code Section § 54956.9(a)] -One Case
• City of Tustin v. Thomas Fitterer -Orange County Superior Court Case
No.30-2008-00113700
C. LABOR NEGOTIATIONS [Government Code Section 54957.6]
Aaency Negotiators: Kristi Recchia, Director of Human Resources and
Peter Brown, Liebert Cassidy Whitmore
Employee Organization:
Employee Organization:
Employee Organization:
Emplovee Organization:
Emplovee Organization:
Emplovee Organization:
Employee Organization:
Tustin Municipal Employees Association (TMEA)
Tustin Police Officers Association (TPOA)
Tustin Police Support Service Association (TPSSA)
Tustin Police Management Association (TPMA)
Part-Time Unrepresented Employees
Unclassified Confidential Employees
Management and Supervisory
-City CounciURedevelopmentRgency/ February 2, 2010
Tustin Public Financing Authority Joint Meeting Page 1 of 10
Minutes
Employee Organization: Executive Management
RECESSED - At 5:31 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 7:04 p.m. City Council reconvened in public session with same
members present.
JOINT REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC
FINANCING AUTHORITY MEETING
CALL TO ORDER -Meeting #2229 at 7:04 p.m.
INVOCATION -Mayor Pro Tem Nielsen
PLEDGE OF ALLEGIANCE -Councilmember Davert
ROLL CALL -City Clerk Stoker
Present: Mayor Jerry Amante, Mayor Pro Tem John Nielsen, and
Councilmembers Doug Davert and Deborah Gavello
Absent: Councilmember Jim Palmer
City Clerk: Pamela Stoker, City Clerk
Others Present: William Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT -City Attorney Holland
No reportable action.
PRESENTATION -Certificate of Recognition presented by Planning Commissioner AI
Murray to Trajan Perez and Charlotte Bourgeois, property owners of Greenwood House
located at 525 West Main Street for Outstanding Old Town Property.
ORAL COMMUNICATION/PUBLIC INPUT -
• Planning Commissioner Jeff Thompson reported on the OCTA Citizens Advisory
Committee
PUBLIC HEARING ITEM
1. AMENDMENT TO CONDITIONS OF APPROVAL FOR CITY COUNCIL
City CounciURedevelopmentRgency/ February 2, 2010
Tustin Public Financing Authority Joint Meeting Page 2 of 10
Minutes
RESOLUTION NO. 09-65 -CONDITIONAL USE PERMIT 09-023
Elizabeth Binsack, Director of Community Development, gave a report.
On November 17, 2009, the City Council adopted Resolution No. 09-65,
approving Conditional Use Permit (CUP) 09-023 to authorize the sale of beer
and wine for on-site consumption (ABC License Type 41) in conjunction with an
existing restaurant (dba Traditions) located at 14131 Red Hill Avenue (Exhibit A-
Location Map). Condition 1.4 of City Council Resolution No. 09-65 requires that
the property owner and applicant sign an Agreement to Conditions Imposed
form. In a letter dated December 8, 2009 (Exhibit B), the long-term ground lease
holder requested that Condition 1.4 of City Council Resolution 09-65 be
modified to eliminate the requirement for the property owner to sign the
Agreement and instead require the long-term ground lease holder, the long-term
building lease holder, and the business owner to sign the Agreement.
Subsequently, on December 22, 2009, the long-term ground lease holder for the
land filed an application to amend Condition 1.4 of City Council Resolution No.
09-65.
Public Hearing opened at 7:22 p.m.
Manojkumar C. Nilkanth (applicant), Michael Pedicini (land lease holder) and Larry Smith
(building lease holder) spoke in support of the amendment.
Public Hearing closed at 7:30 p.m.
Business Owner/Original Applicant:
Manojkumar C. Nilkanth
Traditions Restaurant
28244 Springvale Lane
Castaic, CA 91384
Current Listed Property Owner:
Huber G. Wilson (deceased)
c/o Old Town, Inc.
3185 Moritz Dr.
Huntington Beach, CA 92649
Long Term Lease Holder (Land)/
Applicant for Amendment:
Michael Pedicini, Pedkam
2187 Newcastle Avenue #100
Cardiff by the Sea, CA 92007
Long Term Lease Holder (Building):
Larry Smith, Old Town, Inc.
3185 Moritz Dr.
Huntington Beach, CA 92649-1877
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem
Nielsen that the City Council:
1. Adopt Resolution No. 10-18, repealing Resolution No. 09-65 and
approving Conditional Use Permit 09-023, subject to the amended
conditions of approval;
City Council/Redevelopment Agency/ February 2, 2010
Tustin Public Financing Authority Joint Meeting Page 3 of 10
Minutes
RESOLUTION NO. 10-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, REPEALING CITY COUNCIL RESOLUTION NO. 09-65
AND APPROVING CONDITIONAL USE PERMIT 09-023
AUTHORIZING ON-SITE ALCOHOLIC BEVERAGE SALES IN
CONJUNCTION WITH AN EXISTING RESTAURANT
(TRADITIONS) LOCATED AT 14131 RED HILL AVENUE,
SUBJECT TO THE AMENDED CONDITIONS OF APPROVAL.
Motion carried 4-0 (Councilmember Palmer absent)
CONSENT CALENDAR ITEMS - It was moved by Councilmember/Agencymember
Davert and seconded by Mayor Pro Tem/Chair Pro Tem Nielsen to pull item 10 from the
consent calendar and approve the balance of items on consent as recommended by staff.
Motion carried 4-0 (Councilmember/Agencymember Palmer absent)
2. APPROVAL OF MINUTES -JOINT REGULAR MEETING OF THE CITY
COUNCIL AND REDEVELOPMENT AGENCY HELD ON JANUARY 19, 2010
Motion: Approve the Action Minutes of the Joint Regular Meeting of the City
Council and Redevelopment Agency held on January 19, 2010.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $2,010.25, $629,326.09, and
$379,644.87, and Payroll in the amount of $715,025.60.
4. PLANNING ACTION AGENDA -JANUARY 26, 2010
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: Receive and file.
5. CONSIDERATION OF CLAIM OF ENTERPRISE RENT-A-CAR, CLAIM NO.
09-40
The Claimant alleges a Tustin Police Officer was involved in a traffic collision
while driving one of their vehicles.
Motion: That the City Council deny Claim Number 09-40, Enterprise Rent-A-
Car, and direct Staff to send notice thereof to the Claimant.
6. APPROVAL OF AN AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH DOKKEN ENGINEERING FOR ADDITIONAL DESIGN
City Council/Redevelopment Agency/ February 2, 2010
Tustin Public Financing Authority Joint Meeting Page 4 of 10
Minutes
SERVICES FOR THE NEWPORT AVENUE EXTENSION PROJECT -PHASE
II CIP NO. 7131
The Amendment to the Consultant Services Agreement between the City and
Dokken Engineering (Dokken) will provide additional Design Services for the
Newport Avenue Extension Project-Phase II CIP No. 7131.
Motion: That the City Council approve the Amendment to the Consultant
Services Agreement with Dokken Engineering to provide additional Design
Services for the Newport Avenue Extension Project-Phase II CIP No. 7131, and
authorize the Mayor and City Clerk to execute the Amendment on behalf of the
City.
7. AWARD OF CONTRACT FOR THE JAMBOREE ROAD PAVEMENT
REHABILITATION PROJECT CIP NO. 7194
Bids for the Jamboree Road Rehabilitation Project CIP No. 7194 have been
received and a construction contract is ready to be awarded to the lowest
responsive/responsible bidder.
Motion: That the City Council award the construction contract for the Jamboree
Road Pavement Rehabilitation Project CIP No. 7194 to R.J. Noble Company,
the lowest responsive/responsible bidder, in the amount of $1,726,554.92; and
authorize the Mayor and the City Clerk to execute the contract documents on
behalf of the City.
8. AWARD OF CONTRACT FOR THE ANNUAL MAJOR PAVEMENT
MAINTENANCE PROJECT CIP NO. 7001 AND THE ANNUAL SIDEWALK
REPAIR PROJECT NO. 402-6235
Bids for the Annual Major Pavement Maintenance Project CIP No. 7001 and the
Annual Sidewalk Repair Project No. 402-6235 have been received and a
construction contract is ready to be awarded to the lowest
responsive/responsible bidder.
Motion: That the City Council award the construction contract for the Annual
Major Pavement Maintenance Project CIP No. 7001 and the Annual Sidewalk
Repair Project No. 402-6235 to PALP, Inc. DBA Excel. Paving Co., the lowest
responsive/responsible bidder, in the amount of $1,016,733.00; and authorize
the Mayor and the City Clerk to execute the contract documents on behalf of the
City.
9. APPROVAL OF COOPERATIVE AGREEMENT NO. D09-115 WITH THE
COUNTY OF ORANGE FOR THE NEWPORT AVENUE PAVEMENT
REHABILITATION PROJECT AND ADOPTION OF RESOLUTION NO. 10-16
DECLARING A PORTION OF NEWPORT AVENUE LOCATED WITHIN THE
CITY TO BE A COUNTY HIGHWAY FOR PURPOSES OF CONSTRUCTION
City Council/Redevelopment Agency/ February 2, 2010
Tustin Public Financing Authority Joint Meeting Page 5 of 10
Minutes
In order for the County of Orange to proceed with its pavement rehabilitation
project on Newport Avenue within the City of Tustin, Cooperative Agreement
No. D09-115 must be approved and that portion of Newport Avenue be declared
a County highway for purposes of construction.
Motion: That the City Council approve Cooperative Agreement No. D09-115
with the County of Orange for the Newport Avenue Pavement Rehabilitation
Project and adopt Resolution No. 10-16, declaring southbound Newport Avenue
from Wass Street to 1750 feet northerly within the City of Tustin to be a County
highway 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. 10-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA DECLARING A PORTION OF NEWPORT
AVENUE LOCATED WITHIN THE CITY OF TUSTIN TO BE A
COUNTY OF ORANGE HIGHWAY DURING CONSTRUCTION
OF ROADWAY IMPROVEMENTS BY THE COUNTY OF
ORANGE
10. QUARTERLY INVESTMENT REPORT
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 Gavello, seconded by Mayor Pro Tem
Nielsen to receive and file with Councilmember Gavello noting exception to the
Bank of America bond item on the report.
Motion carried 4-0 (Councilmember Palmer absent)
11. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS
Redevelopment Agency staff provides an update of redevelopment related
projects to the Agency on a monthly basis.
Motion: Receive and File.
REGULAR BUSINESS ITEMS
12. ISSUANCE OF TAX ALLOCATION HOUSING BONDS BY THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
City Council/Redevelopment Agency/ February 2, 2010
Tustin Public Financing Authority Joint Meeting Page 6 of 10
Minutes
Approval by the City of Tustin ("City"), Tustin Public Financing Authority
("TPFA") and Tustin Community Redevelopment Agency ("Agency") is
requested to authorize the issuance and sale of Tax Allocation Housing Bonds
("Bonds") in an aggregate principal amount not to exceed $30 million to
reimburse the City for certain costs and expenses the City has incurred relating
to Agency affordable housing programs.
A presentation was given by Pamela Arends-King, Director of Finance.
Motion: It was moved by Councilmember/Agencymember/Director Davert,
seconded by Mayor Pro Tem/Chair Pro Tem/Vice Chairperson Nielsen to
approve the recommendation.
1. Adopt RDA Resolution 10-05 authorizing the issuance and sale of the Bonds
by the Agency to finance Low and Moderate Income Housing activities within
the City of Tustin, approving the form of related documents and authorizing
all actions necessary by the Agency's officers to consummate the issuance
and sale of the Bonds.
a. Indenture of Trust;
b. Bond Purchase Agreement; and
c. Preliminary Official Statement.
2. Adopt City Council Resolution 10-22 approving the issuance and sale by the
Tustin Community Redevelopment Agency of Tax Allocation Bonds to
finance Low and Moderate Income Housing Activities within the boundaries
of the City.
3. Adopt TPFA Resolution 10-01 authorizing the purchase and sale of the
Bonds from the Agency for re-sale to the Underwriter approving all related
documents and authorizing all actions necessary by the officers of the TPFA
including but not limited to the execution of the Bond Purchase Agreement.
RDA RESOLUTION NO. 10-05
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TUSTIN, CALIFORNIA, DESIGNATING CONSULTANTS
IN CONNECTION WITH THE PROPOSED ISSUANCE OF TAX
ALLOCATION HOUSING BONDS AND AUTHORIZING AND
DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO
RESOLUTION NO. 10-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING THE ISSUANCE AND SALE
BY THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF
TAX ALLOCATION BONDS TO REFINANCE LOW AND
MODERATE INCOME HOUSING ACTIVITIES WITHIN THE
GEOGRAPHIC BOUNDARIES OF THE CITY
City CounciURedevelopmentRgency/ February 2, 2010
Tustin Public Financing Authority Joint Meeting Page 7 of 10
Minutes
TPFA RESOLUTION NO. 10-01
A RESOLUTION OF THE TUSTIN PUBLIC FINANCING
AUTHORITY AUTHORIZING THE PURCHASE AND SALE OF
TAX ALLOCATION BONDS OF THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY ISSUED TO REFINANCE LOW
AND MODERATE INCOME HOUSING ACTIVITIES WITHIN THE
GEOGRAPHIC BOUNDARIES OF THE CITY OF TUSTIN AND
APPROVING RELATED DOCUMENTS AND ACTIONS
Motion carried 4-0 (Councilmember/Agencymember/Director Palmer absent)
13. SET INTERVIEW DATE FOR COMMISSION SEATS: PLANNING
COMMISSION, COMMUNITY SERVICES COMMISSION AND AUDIT
COMMISSION
Due to term expirations, staff is requesting that the City Council set a date and
time to conduct interviews to fill vacancies on the Planning Commission,
Community Services Commission, and the Audit Commission.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem
Nielsen to set interviews and selection of commissioners for Tuesday, February
16, 2010 at a Special Meeting to be held at 4:30 p.m. in the Council Chamber.
Motion carried 4-0 (Councilmember Palmer absent)
14. CONSIDERATION OF PREFERENTIAL PERMIT PARKING ZONE
SANDFIELD PLACE -BROWNING AVENUE TO FERNBROOK DRIVE
A presentation was given by Doug Stack, Acting Public Works Director/City
Engineer
A resident of Sandfield Place has made a written request to the Public Works
Department for a Preferential Permit Parking Zone along Sandfield Place from
Browning Avenue to Fernbrook Drive. Pursuant to the adopted Policy and
Procedures for Preferential Permit Parking on Public Streets, a parking
analysis/evaluation was conducted by the Department and is being carried
forward to City Council for determination. Ultimately, the City Council may, at its
sole discretion, review and approve or deny any application for Preferential
Permit Parking in the interest of community benefit or public safety.
Wayne Poucher, John Keelin, Marnos Boyer, Leland Thompson and Pam
Poucher spoke in favor of the permit parking zone.
Motion: It was moved by Councilmember Davert, seconded by Councilmember
Gavello that the City Council introduce for first reading Ordinance 1363,
amending Tustin City Code Subsection 5331 n regarding designation of zones
for parking by permit only.
City CounciURedevelopment Agency/ February 2, 2010
Tustin Public Financing Authority Joint Meeting Page 8 of 10
Minutes
ORDINANCE NO. 1363
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE
SUBSECTION 5331 n REGARDING DESIGNATION OF ZONES
FOR PARKING BY PERMIT ONLY.
Motion carried 4-0 (Councilmember Palmer absent)
15. LEGISLATIVE REPORT
• Mayor Pro Tem Nielsen gave an update on Senate Bill 810 (Leno) regarding
single payer healthcare coverage. It was moved by Councilmember Davert,
seconded by Mayor Amante to send a letter of opposition to the Speaker of
the Assembly and Governor.
Motion carried 3-0-1 (Councilmember Palmer absent, Councilmember
Gavello abstained)
• Councilmember Davert referred to the letter of support sent on behalf of
Council regarding Senate Bill 827 (Wright) and questioned status.
• Mayor Amante discussed Senate Bill 518 (Lowenthal) regarding public
parking fees and requested staff briefing at the next council meeting.
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
Councilmember Davert:
• Reported on increased Orange County representation on statewide policy
committees
• Commented on presentation given to the Revenue and Taxation Committee of the
League of California Cities by Mark Hill, State Department of Finance, and State
Senator Bob Dutton
• Commended the Police Department, Public works, management, Orange County
Fire Authority and surrounding agencies for a great job during rains
• Mentioned AIertOC successful test
• Spoke concerning the February 4 Inaugural Dinner at the Tustin Ranch Golf Club, a
fundraiser for Tustin Community Foundation
• Congratulated Mayor Pro Tem John Nielsen's son, Dane, for earning the award of
Eagle Scout
• Informed that the Citrus Ranch Park Grand Opening will be on February 27
Mayor Pro Tem John Nielsen
Shared information from Santa Ana River Floor Protection Agency meeting
regarding rainfall statistics, and levee reinforcement options
Reported on Orange County Council of Governments financial statements and audit
review, efforts to expand ex-officio membership, officer nominations, and the
City CounciURedevelopment Agency/ February 2, 2010
Tustin Public Financing Authority Joint Meeting Page 9 of 10
Minutes
sustainable community strategy submittal extension received by San Diego
Association of Governments
• Attended the preservation workshop presented by the City briefly
• Attended the Dosa Place restaurant ribbon cutting ceremony
• Attended the Total Wine & More Chamber of Commerce mixer
• Clarified that George Jeffries has authority per policy to place investments
Mayor Jerry Amante
• Mentioned the City's involvement in League of California policy committees which
began with efforts by former Mayor Lou Bone
• Commented on California's welfare laws
• Reported on the State Legislature's attempt to exchange gas sales tax for excise
tax thereby eliminating the requirement that it be used for transit as passed by
voters
• Commented on OCTA layoffs
ADJOURNED - at 8:53 p.m. The next meeting of the Joint City Council/Redevelopment
Agency is scheduled for Tuesday, February 16, 2010 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.
JERRY AMANTE, PAMELA STOKER,
Mayor/Chair, RDA and TPFA City Clerk/Recording Secretary
City Council/Redevelopment Agency/ February 2, 2010
Tustin Public Financing Authority Joint Meeting Page 10 of 10
Minutes