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Home My WebLink About00 CC AGENDA 10-19-10 CITY OF TUSTIN OCTOBER 19, 2010 JOINT REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL, REDEVELOPMENT 300 CENTENNIAL WAY, TUSTIN AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY John Nielsen, Mayor Pro Tem David C. Biggs, 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 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER – Meeting #2249 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 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. JOINT REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY MEETING 7:00 P.M. CALL TO ORDER – Meeting #2249 INVOCATION – Councilmember Gavello PLEDGE OF ALLEGIANCE – Mayor Amante ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney Holland PRESENTATIONS ? Amy Glinskas – Wendy’s Another Choice Meal Voucher Program ? Shawn Massey – Jazzercise instructor, 20 year anniversary with City 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. Recommendation: That the City Council and Redevelopment Agency continue City Council/Redevelopment Agency/Tustin October 19, 2010 Public Financing Authority Meeting Agenda Page 2 of 8 the Joint Public Hearing on this item to the next scheduled meeting on November 2, 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 Approval is requested of the Fifth Amendment to the Tustin Legacy Disposition and Development Agreement ("DDA") 04-02 (Retail Development) and Fifth Amendment to the Infrastructure Construction and Payment Agreement ("ICPA") between the City of Tustin and Vestar/Kimco Tustin, L.P. as it relates to the "District" at Tustin Legacy project. Recommendation: That the City Council: 1. Adopt Resolution No.10-95 finding that the Fifth Amendment to DDA 04- 02 and the Fifth Amendment to the ICPA is within the scope of the Final Joint Program EIS/EIR for the Reuse and Disposal of MCAS Tustin, as amended by an Addendum, and that no additional environmental impacts are anticipated and no further environmental analysis is required. 2. Approve and authorize the City Manager, or Assistant City Manager to execute the Fifth Amendment to DDA 04-02 and Fifth Amendment to the ICPA, subject to any non-substantive modifications as may be determined necessary by the City Attorney, and to carry out all actions necessary to implement the amendments including execution of all related documents and instruments. RESOLUTION NO. 10-95 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL FINDING THAT THE FINAL ENVIRONMENTAL IMPACT STATEMENT/FINAL ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL AND REUSE OF MCAS TUSTIN ("FEIS/FEIR"), ITS SUPPLEMENT AND ADDENDUM ARE ADEQUATE TO SERVE AS THE PROJECT EIS/EIR FOR THE FIFTH AMENDMENT TO TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT 04-02 (RETAIL DEVELOPMENT) AND FIFTH AMENDMENT TO THE INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT AND THAT ALL APPLICABLE MITIGATION MEASURES WILL BE INCORPORATED INTO THE PROJECT AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. City Council/Redevelopment Agency/Tustin October 19, 2010 Public Financing Authority Meeting Agenda Page 3 of 8 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 6) 3. APPROVAL OF MINUTES – REGULAR MEETING OF THE JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON OCTOBER 5, 2010 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on October 5, 2010. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amount of $3,863,125.63; reversals in the amount of $18,334.90; and Payroll in the amounts of $1,531.27 and $672,573.18. 5. APPROVAL OF A CONSULTANT SERVICES AGREEMENT FOR THE DESIGN OF THE NEWPORT AVENUE/SR-55 FREEWAY NORTHBOUND RAMP RECONFIGURATION PHASE 1 LANDSCAPE IMPROVEMENTS (CIP NO. 70200) Approval is requested of a Consultant Services Agreement (CSA) to provide design services of a comprehensive Gateway and Landscape Concept Plan that enhances the streetscape within the Newport Avenue/SR-55 Freeway northbound ramp area including landscape, hardscape, landscape signage, irrigation systems, lighting, and gateway monumentation within the median islands, corner cut out areas, and the Caltrans ramps along Newport Avenue between Edinger Avenue and Valencia Avenue. Recommendation: That the Tustin Community Redevelopment Agency approve a Consultant Services Agreement with RBF Consulting for design services of the Newport Avenue/SR-55 Freeway Northbound Ramp Reconfiguration Phase 1 Landscape Improvements, and authorize the Executive Director and/or Assistant Executive Director to execute the contract documents on behalf of the City, subject to any non-substantive modifications as may be deemed necessary by the City Attorney. 6. UPDATE AUTHORIZED SIGNATURE FOR CHECKS AND WARRANTS The Tustin City Code requires authorized check and warrants signers be approved by minute order of the City Council. Recommendation: That the City Council remove William A. Huston as an authorized check signer and include David C. Biggs, the new City Manager, as an authorized check and warrant signer. City Council/Redevelopment Agency/Tustin October 19, 2010 Public Financing Authority Meeting Agenda Page 4 of 8 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 7 through 13) 7. HIGH PRESSURE PIPELINE AWARENESS At the request of the City, the Southern California Gas Company and Kinder Morgan Energy Partners, LLC will provide a presentation regarding their high pressure pipelines and safety awareness program. Recommendation: Receive and file. 8. APPROVE THE TERMS AND CONDITIONS, AND AUTHORIZE THE PREPARATION OF A COOPERATIVE AGREEMENT WITH THE IRVINE RANCH WATER DISTRICT FOR THE WELLS 21 AND 22 DESALTER PROJECT Staff recommends that the City of Tustin enter into a Cooperative Agreement with the Irvine Ranch Water District (IRWD) for the Wells 21 and 22 Desalter Project. The purpose of this agreement is to establish a framework and methodology to quantify and mitigate the groundwater production impacts on the City of Tustin facilities associated with increased production from Wells 21 and 22. An outline of the terms and conditions of the Cooperative Agreement has been negotiated with IRWD staff and is attached. Recommendation: It is recommended that City Council approve the terms and conditions, and authorize the preparation of a cooperative agreement with the Irvine Ranch Water District for the Wells 21 and 22 Desalter Project, subject to final Council approval. 9. ISSUANCE OF TAX ALLOCATION BONDS BY THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 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 Bonds ("Bonds") in an aggregate principal amount not to exceed $45 million to finance various redevelopment projects within or benefitting the Marine Corps Air Station -Tustin redevelopment project area (MCAS- Tustin). Recommendation: 1. It is recommended that the Agency adopt RDA Resolution 10-12 authorizing the issuance and sale of the Bonds by the Agency to finance various redevelopment projects within or benefitting the MCAS-Tustin project area, approving the form of related documents and authorizing all actions necessary by the Agency's officers to consummate the issuance City Council/Redevelopment Agency/Tustin October 19, 2010 Public Financing Authority Meeting Agenda Page 5 of 8 and sale of the Bonds. a. Indenture of Trust; b. Bond Purchase Agreement; and c. Preliminary Official Statement. 2. It is recommended that the City Council adopt City Council Resolution 10-99 approving the issuance and sale by the Tustin Community Redevelopment Agency of Tax Allocation Bonds to finance various redevelopment projects within or benefitting the MCAS -Tustin redevelopment project area. 3. It is recommended that the TPFA adopt TPFA Resolution 10-02 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. RESOLUTION NO. RDA 10-12 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF TAX ALLOCATION BONDS TO FINANCE REDEVELOPMENT ACTIVITIES WITHIN OR FOR THE BENEFIT OF THE AGENCY'S MCAS-TUSTIN REDEVELOPMENT PROJECT AREA AND APPROVING RELATED DOCUMENTS AND ACTIONS RESOLUTION NO. 10-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ISSUANCE AND SALE BY THE TAX ALLOCATION BONDS OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY ISSUED TO FINANCE REDEVELOPMENT ACTIVITIES WITHIN OR FOR THE BENEFIT OF THE AGENCY'S MCAS-TUSTIN REDEVELOPMENT PROJECT AREA TPFA RESOLUTION NO. 10-02 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 FINANCE REDEVELOPMENT ACTIVITIES WITHIN OR FOR THE BENEFIT OF THE AGENCY'S MCAS-TUSTIN REDEVELOPMENT PROJECT AREA AND APPROVING RELATED DOCUMENTS AND ACTIONS 10. ISSUANCE OF SPECIAL TAX BONDS FOR TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 Approval by the City of Tustin is requested to authorize the issuance and sale of Special Tax Bonds ("Bonds") in an aggregate principal amount not to exceed $2 City Council/Redevelopment Agency/Tustin October 19, 2010 Public Financing Authority Meeting Agenda Page 6 of 8 million to finance the acquisition and construction of public facilities necessary for the development of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)( the "District") Recommendation: That the City adopt Resolution 10-103, authorizing the issuance and sale of the Bonds to finance the acquisition and construction of public facilities necessary for the development of the District, approving the form of related documents and authorizing all actions necessary by the City's officers to consummate the issuance and sale of the Bonds. a. Bond Purchasing Agreement; b. First Supplemental Indenture; c. Continuing Disclosure Agreement; d. and Preliminary Official Statement. RESOLUTION NO. 10-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) SPECIAL TAX BONDS, SERIES 2010, APPROVING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL INDENTURE, A BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE AGREEMENT AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO 11. LEAGUE OF CALIFORNIA CITIES The Mayor at the City Council meeting of October 5, 2010 requested certain information regarding the City's past payment of League of California Cities dues. Recommendation: Pleasure of the City Council. 12. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. 13. REVIEW CORRESPONDENCE BETWEEN MARK ROSEN AND THE CITY ATTORNEY REGARDING RECENT COUNCIL ACTIONS REGARDING COMPENSATION ANO BENEFITS FOR MEMBERS OF THE CITY COUNCIL. Attached is a copy of a letter from Mark Rosen on behalf of Councilmember Gavello and the response of the City Attorney. Mayor Amante has requested that these items be placed on the Council agenda for review and consideration. Recommendation: Provide direction to staff or the City Attorney as the Council City Council/Redevelopment Agency/Tustin October 19, 2010 Public Financing Authority Meeting Agenda Page 7 of 8 deems appropriate. OTHER BUSINESS/COMMITTEE REPORTS – City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting is scheduled for Tuesday, November 2, 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/Tustin October 19, 2010 Public Financing Authority Meeting Agenda Page 8 of 8