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Home My WebLink AboutCC Minutes 2010-10-05MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OCTOBER 5, 2010 CALL TO ORDER -Meeting #2248 at 4:32 p.m. ATTENDANCE Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers Doug Davert, Jim Palmer and Deborah Gavello Absent: None City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: Christine Shingleton, Assistant City Manager, and Doug Holland, City Attorney PUBLIC INPUT -None 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: Planning Commission: HIGUCHI, ERIC KIM, KENNETH (did not attend) WILLEY, SANDRA Community Services Commission: SWIFT, KENNETH WILLEY, SANDRA City Council/Redevelopment Agency October 5, 2010 Minutes Page 1 of 9 Recommendations: 1. Interview candidates; 2. Cast ballots to determine appointments; and 3. City Clerk to announce results. Motion: It was moved by Councilman Davert and seconded by Mayor Amante to continue the commissioner interviews to November 2 at 4:30 p.m. due to the limited number of applications received. Motion carried 4-1 (Councilmember Gavello dissenting) ADJOURNED at 4:51 p.m. CLOSED SESSION MEETING 5:30 P.M. ~~ ~~ CALL TO ORDER -Meeting #2248 at 5:30 p.m. ATTENDANCE Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers Doug Davert, Jim Palmer and Deborah Gavello Absent: None City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: Christine Shingleton, Assistant City Manager, and Doug Holland, City Attorney 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. 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 Minutes Page 2 of 9 RECESSED AT 5:30 p.m. RECONVENED AT 7:00 p.m. JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. CALL TO ORDER -Meeting #2248 at 7:00 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE - American Legion ROLL CALL -City Clerk Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers Doug Davert, Jim Palmer and Deborah Gavello Absent: None City Clerk: Pamela Stoker, City Clerk Others Present: Christine Shingleton, Assistant City Manager; and Doug Holland, City Attorney CLOSED SESSION REPORT -City Attorney Holland No reportable action. PRESENTATIONS - • Recognition of past Planning Commissioner AI Murray and Community Services Commissioner Donna Marsh Peery • OCFA Fire Prevention Week -Battalion Chief Gina Jeffery ORAL COMMUNICATION /PUBLIC INPUT - • Bob Marguiles thanked the Council and staff for a wonderful Tiller Days • Edward Chizkov spoke regarding a past citation relating to boat storage in his front yard area and driveway • Maureen Kovinsky spoke regarding her water bill and escalating rates • Richard Murray shared photos of condo walls hit by cars on four separate occasions at Vandenburg and Enderle Center Drive and requested the City's assistance. Mayor Amante asked staff to review the situation. Mayor Amante announced that commissioner interviews were held and that the item has been continued to the November 2 meeting at 4:30 p.m. to allow for receipt of more applications. City Council/Redevelopment Agency October 5, 2010 Minutes Page 3 of 9 PUBLIC HEARING ITEMS 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. The public hearing opened at 7:34 p.m. The public hearing closed at 7:34 with no comments Motion: It was moved by Councilman Davert and seconded by Councilman Palmer that the City Council and Redevelopment Agency continue the Joint Public Hearing on this item to the next scheduled meeting on October 19, 2010. Motion carried 5-0 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. The public hearing opened at 7:35 p.m. The public hearing closed at 7:35 p.m. with no comments Motion: It was moved by Councilman Davert and seconded by Mayor Pro Tem Nielsen that the City Council continue the public hearing on this item until the next scheduled meeting on October 19, 2010. Motion carried 5-0 CONSENT CALENDAR - It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to approve the consent calendar items as recommended by staff. City Council/Redevelopment Agency October 5, 2010 Minutes Page 4 of 9 Motion carried 5-0 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. 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 City Council/Redevelopment Agency October 5, 2010 Minutes Page 5 of 9 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. 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 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. Motion: It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to 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, and to include a waiver of conflict of interest for the city attorney, subject to final Council approval. City Council/Redevelopment Agency October 5, 2010 Minutes Page 6 of 9 Motion carried 4-1 (Councilmember Gavello dissenting) 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. Motion: It was moved by Councilmember Davert and seconded by Mayor Amante to have second reading by title only and adoption of Ordinance No. 1389 (roll call vote). Motion carried 5-0 11. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. None. 12. ASSOCIATION OF CALIFORNIA CITIES -ORANGE COUNTY Mayor Amante requested that the attached be agendized for discussion by the City Council. Recommendation: Pleasure of the City Council. Mayor Amante shared background information leading to the formation of the Association of California Cities -Orange County. Motion: It was moved by Councilmember Palmer and seconded by Councilmember Davert that the City join the Association of California Cities - Orange County and direct 2011 dues otherwise budgeted for the Orange County Division of the League of California Cities to that organization. Motion carried 4-1 (Councilmember Gavello dissenting) Mayor Amante directed staff to bring back to the next meeting a report concerning what the City has been paying and is currently budgeted for both the Orange County Division and the State League of California. OTHER BUSINESS/COMMITTEE REPORTS -City Attorney, City Council City Council/Redevelopment Agency October 5, 2010 Minutes Page 7 of 9 Councilmember Gavello: • Attended Bill Huston's retirement and thanked him for 29 years • Attended the Tiller Days parade; thanked staff and volunteers Councilmember Davert: • Attended Tiller Days and complimented staff on a great parade and event which was well attended; mentioned the police department did an outstanding job; also thanked Orange County Fire Authority for their response to medical issues • Invited all to attend the OCFA Annual Open House at their headquarters from 10:00-3:00 on October 9 • Shared that the traffic signal at Columbus Tustin is progressing; poles are up and getting closer providing safety Councilmember Palmer: • Congratulated the Police Explorers Honor Guard for winning 3`d place in the Tiller Days Parade Mayor Pro Tem Nielsen: • Reported that the Orange County Council of Governments is without a budget deficit; discussed sustainable community strategy for Orange County to reduce greenhouse gas emissions and consequences of CARB's final targets of 8% per capita for 2020 and 13% per capita for 2035 • Enjoyed Tiller Days; thanked Cherrill Cady and Kim Bass for Tiny Tillers contest (3-6 years old) for which he was a judge • Congratulated Boy Scouts Troop 243 for a successful fundraiser; thanked Jan Trescher and Joan McBride • Announced CPR certification training at the Clifton Miller Community Center November 6 from 10:00-2:30; $25 donation going to the Tustin Community Foundation Mayor Amante: • Attended the Senior Center Advisory Board on September 23 at the Orange County Rescue Mission • Attended on September 28 the ribbon cutting of the last 2-mile segment of I-5 for OCTA as a result of Measure M-1 funding • Attended the September 30 groundbreaking on Metrolink parking structure • Enjoyed Tiller Days; congratulated Dave Wilson, staff and volunteers • Attended Bill Huston's retirement reception with Council members and thanked him for his 29 years of service to the City of Tustin and wishes him well • Announced that new City Manager David Biggs will attend the next council meeting and is looking forward to him joining the organization City Council/Redevelopment Agency October 5, 2010 Minutes Page 8 of 9 ADJOURNED at 8:01 P.M. -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. MELA STO , City Clerk City Council/Redevelopment Agency October 5, 2010 Minutes Page 9 of 9