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Home My WebLink About00 CC AGENDA 10-5-10 CITY OF TUSTIN OCTOBER 5, 2010 JOINT REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL AND REDEVELOPMENT 300 CENTENNIAL WAY, TUSTIN AGENCY John Nielsen, Mayor Pro Tem William A. Huston, City Manager Doug Davert, Councilmember Douglas Holland, City Attorney Jim Palmer, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk Deborah Gavello, Councilmember George Jeffries, City Treasurer NOTICE OF SPECIAL MEETING AND AGENDA 4:30 P.M. CALL TO ORDER – Meeting #2248 ATTENDANCE PUBLIC INPUT – At this time members of the public may address the City Council regarding any items on the Special Meeting agenda. REGULAR BUSINESS ITEM INTERVIEW AND APPOINT MEMBERS TO THE PLANNING AND COMMUNITY SERVICES COMMISSIONS The City Council will conduct interviews and appoint one (1) member to the Planning Commission and one (1) member to the Community Services Commission. The Planning Commissioner selected will serve until March 1, 2011 or until their respective successor is appointed and qualified. The Community Services Commissioner selected will serve until March 1, 2012 or until their respective successor is appointed and qualified. The City Clerk’s Office received three applications for the Planning Commission and two applications for the Community Services Commission as follows: 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. Planning Commission: HIGUCHI, ERIC KIM, KENNETH WILLEY, SANDRA Community Services Commission: SWIFT, KENNETH WILLEY, SANDRA Recommendations: 1. Interview candidates; 2. Cast ballots to determine appointments; and 3. City Clerk to announce results. ADJOURNMENT CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER – Meeting #2248 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: A. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] – Two Cases B. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] – Two Cases City Council/Redevelopment Agency October 5, 2010 Meeting Agenda Page 2 of 7 JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. CALL TO ORDER – Meeting #2248 INVOCATION – Mayor Pro Tem Nielsen PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE – American Legion ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney Holland PRESENTATIONS ? Recognition of past Commissioners ? OCFA Fire Prevention Week ? Certificates of Achievement—Boys State Delegates 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. PUBLIC HEARING ITEMS A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Items 1 and 2) 1. THE FOURTH FIVE-YEAR IMPLEMENTATION PLAN FOR THE TOWN CENTER AND SOUTH CENTRAL REDEVELOPMENT PROJECT AREAS FOR FISCAL YEARS 2010- 2011 TO 2014-2015 A Joint Public Hearing had been scheduled for the City Council and the Redevelopment Agency to consider approval of the Tustin Community Redevelopment Agency's Fourth Five-Year Implementation Plan for the Town Center and South Central Redevelopment Project Areas for Fiscal Years 2010- 2011 to 2014-2015. City Council/Redevelopment Agency October 5, 2010 Meeting Agenda Page 3 of 7 Recommendation: That the City Council and Redevelopment Agency continue the Joint Public Hearing on this item to the next scheduled meeting on October 19, 2010. 2. FIFTH AMENDMENT TO TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT 04-02 (RETAIL DEVELOPMENT) AND FIFTH AMENDMENT TO THE INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT A Public Hearing had been scheduled for the City Council to consider approval of a Fifth Amendment to the Tustin Legacy Disposition and Development Agreement (Retail Development) ("DDA") and a Fifth Amendment to the Infrastructure Construction and Payment Agreement ("ICPA") between the City of Tustin and Vestar/Kimco Tustin, L.P. ("Developer") as the amendments affect The District at Tustin Legacy. Recommendation: That the City Council continue the public hearing on this item until the next scheduled meeting on October 19, 2010. 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 8) 3. APPROVAL OF MINUTES – REGULAR MEETING OF THE JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON SEPTEMBER 21, 2010 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on September 21, 2010 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $522,865.93. $675,198.55, and $403,707.45; reversal in the amount of $4,752.49; and Payroll in the amount of $693,016.46. 5. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE TUSTIN FAMILY AND YOUTH CENTER PLAYGROUND REPLACEMENT Replacement of the Tustin Youth and Family Center playground has been completed and is ready for acceptance and filing of the Notice of Completion. City Council/Redevelopment Agency October 5, 2010 Meeting Agenda Page 4 of 7 Recommendation: That the City Council 1. Adopt Resolution No. 10-98 accepting the Tustin Youth and Family Center Playground Replacement; and 2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office. RESOLUTION NO. 10-98 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 FAMILY & YOUTH CENTER PLAYGROUND REPLACEMENT 6. ADOPT RESOLUTION NO. 10-82 APPROVING LOT LINE ADJUSTMENT NO. 2010-02 AND AUTHORIZE EXECUTION OF A NEW GRANT DEED A lot line adjustment to merge four parcels is required to facilitate construction of a parking structure at the Tustin Metrolink Station. The proposed lot line adjustment application has been submitted by OCTA on behalf of the City of Tustin, owner of the Tustin Metrolink Station property. A new grant deed reflecting the lot line adjustment must be recorded with the County Recorder, whereby the City grants to itself the newly created parcel. Recommendation: That the City Council adopt Resolution No. 10-82 approving Lot Line Adjustment No. 2010-02 and authorize the Mayor and City Clerk to execute a new grant deed reflecting Lot Line Adjustment No. 2010-02, whereby the City of Tustin grants to itself the newly created parcel. RESOLUTION NO. 10-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 2010-02 AND AUTHORIZING THE MAYOR TO EXECUTE A NEW GRANT DEED 7. AWARD OF CONTRACT FOR THE INFORMATION TECHNOLOGY/FINANCE RECONFIGURATION (CIP 10032) Staff is requesting that the City Council reject the apparent low bid as non- responsive and award the construction contract for the Information Technology/Finance Reconfiguration CIP No. 10032 to the lowest responsive/responsible bidder. Recommendation: That the City Council find the bid submitted by the apparent low bidder, The Richardson Group, to be nonresponsive and award the construction contract for the Information Technology/Finance Reconfiguration (CIP No. 10032) to the second lowest responsive/responsible bidder, TBC Contractors Corporation, in the amount of $177,800 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. City Council/Redevelopment Agency October 5, 2010 Meeting Agenda Page 5 of 7 8. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS Redevelopment Agency staff provides a monthly update on redevelopment related projects. Recommendation: Receive and file. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 9 through 12) 9. AUTHORIZATION TO FINALIZE QUITCLAIM SEWER TRANSFER AGREEMENT BETWEEN ORANGE COUNTY SANITATION DISTRICT AND THE CITY OF TUSTIN FOR THE TRANSFER OF LOCAL OWNERSHIP City staff has completed an extensive due diligence process and the review of all the information presented by Orange County Sanitation District (OCSD) for the transfer of ownership and all associated property rights of the local sewers within the OCSD Service Area 7. Recommendation: That City Council authorize staff, in consultation with the City Attorney, to finalize a quitclaim sewer transfer agreement between Orange County Sanitation District and the City of Tustin for the transfer of local sewer ownership, subject to final Council approval. 10. SECOND READING OF ORDINANCE NO. 1389 – ORDINANCE ESTABLISHING REQUIREMENTS FOR APPROVAL, EXTENSION OR MODIFICATION OF LEASEHOLDS FOR CITY OR REDEVELOPMENT AGENCY REAL PROPERTY Ordinance No. 1389 establishes a procedure governing the proposed approval, extension or modification of existing real property leaseholds held by the City or the Redevelopment Agency. Recommendation: Have second reading by title only and adoption of Ordinance No. 1389 (roll call vote). 11. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. 12. ASSOCIATION OF CALIFORNIA CITIES – ORANGE COUNTY Mayor Amante requested that the attached be agendized for discussion by the City Council. City Council/Redevelopment Agency October 5, 2010 Meeting Agenda Page 6 of 7 Recommendation: Pleasure of the City Council. OTHER BUSINESS/COMMITTEE REPORTS – City Attorney, City Council ADJOURNMENT – The next regular meeting is scheduled for Tuesday, October 19, 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. City Council/Redevelopment Agency October 5, 2010 Meeting Agenda Page 7 of 7