The URL can be used to link to this page

Home My WebLink AboutCC Minutes 2010 02-02MINUTES 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 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, PUBLIC INPUT -None. Nielsen, and City Attorney 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] Agency Negotiators: Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Emp lo yee Or ganization: Tustin Municipal Employees Association (TMEA) Emp lo yee Or ganization: Tustin Police Officers Association (TPOA) Emp lo yee Or ganization: Tustin Police Support Service Association (TPSSA) Emp lo yee Or ganization: Tustin Police Management Association (TPMA) Emp lo yee Or ganization: Part-Time Unrepresented Employees Emp lo yee Or ganization: Unclassified Confidential Employees Emp lo yee Or ganization: Management and Supervisory City Council/Redevelopment Agency/ 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 Council/Redevelopment Agency/ 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 7 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. 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 CounciURedevelopment 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 TemNice 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 Council/Redevelopment Agency/ 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 Council/Redevelopment 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 Council/Redevelopment 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. ~RYQ~c'IVKANTE", ~ ` ayor/ hair, RDA and TPFA AMELA STO , City Clerk/Recording Secretary City Council/Redevelopment Agency/ February 2, 2010 Tustin Public Financing Authority Joint Meeting Page 10 of 10 Minutes