HomeMy WebLinkAbout02 MINUTES 11-02-10Agenda Item 2
Reviewed:
City Manager
Finance Director N/A
MINUTES
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL, REDEVELOPMENT AGENCY AND
TUSTIN PUBLIC FINANCING AUTHORITY
OCTOBER 19, 2010
CALL TO ORDER -Meeting #2249 at 5:30 p.m.
ATTENDANCE
Present: Mayor/Chair/Chairperson Jerry Amante, Mayor Pro Tem/Chair Pro
Tem/Vice Chair John Nielsen, and
Councilmembers/Agencymembers/Directors Doug Davert and Jim
Palmer
Absent: Councilmember/Agencymember/Director Gavello
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: David C. Biggs, 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
ANNOUNCEMENT AND COUNCIL VOTE IN OPEN SESSION TO ADD ITEM TO
AGENDA FOR DISCUSSION IN CLOSED SESSION AS FOLLOWS:
City Attorney Doug Holland reported that he has been approached by the City Attorney in
Anaheim to participate as an Amicus Curiae in Qualified Patients Association v. City of
Anaheim and asked that the item be added to the Closed Session agenda.
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro Tem
Nielsen to add the following item to the Closed Session agenda.
City Council/Redevelopment Agency/Tustin October 19, 2010
Public Financing Authority Minutes Page 1 of 10
C. CONFERENCE WITH LEGAL
Code § 54956.9(a)] -One Case
Qualified Patients Association v.
Supreme Court)
Motion carried 4-0
RECESSED AT 5:31 p.m.
RECONVENED AT 7:01 p.m.
COUNSEL -EXISTING LITIGATION [Govt.
City of Anaheim, Case No. S186752 (Cal
JOINT REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY
AND TUSTIN PUBLIC FINANCING AUTHORITY MEETING
7:00 P.M.
~~ ~
CALL TO ORDER -Meeting #2249 at 7:01 p.m.
INVOCATION -Councilmember Davert
PLEDGE OF ALLEGIANCE -Mayor Amante
ROLL CALL -City Clerk
Present: Mayor/Chair/Chairperson Jerry Amante, Mayor Pro Tem/Chair Pro
Tem/Vice Chairperson John Nielsen, and Councilmembers/
Agencymembers/Directors Doug Davert and Jim Palmer
Absent: Councilmember/Agencymember/Director Gavello
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: David C. Biggs, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT -City Attorney Holland
The City Council met in Closed Session on the items on tonight's Closed Session agenda.
The City Council added an item this evening called Qualified Patients Association v. City
of Anaheim. The City Council authorized the City Attorney to sign-on on behalf of the City
of Tustin as an Amicus Curiae in support of the City of Anaheim in defense of that case.
PRESENTATIONS
• Amy Glinskas - Wendy's Another Choice Meal Voucher Program
City Council/Redevelopment Agency/Tustin October 19, 2010
Public Financing Authority Minutes Page 2 of 10
• Shawn Masse - Jazzercise instructor, 20 year anniversary with the City of Tustin
ORAL COMMUNICATION/PUBLIC INPUT -
• AI Murray presented an update on the Orange County Vector Control District
• Planning Commissioner Jeff Thompson presented an update on the Orange County
Transit Authority Citizen Advisory Committee
• Trish Throop, CR&R, invited the community to attend its event regarding household
hazardous waste collection on October 30 from 9:00-3:00 at the Main Street water
facility; valid driver's license as proof of residency is required. On November 13,
CR&R will host a free compost giveaway, also being held at the Main Street water
facility-coupon is required that was included with the October 1 billing statement
or a valid driver's license
• Mark Senesac, representing Boys and Girls Scouting and Second Harvest,
requested that the City Council proclaim November 6 as Scouting for Food Day.
Mayor Amante directed that this be put on the November 2 agenda
• Richard McDermott stated he owns several properties in Tustin and the City's need
to develop a more pro-business environment. Councilmember Davert requested
staff look into this situation
PUBLIC HEARING ITEMS 1-2
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 7:23 p.m.
The public hearing closed at 7:24 p.m. with no comments
Motion: It was moved by Councilmember/Agencymember Davert and seconded
by Mayor Pro Tem/Chair Pro Tem Nielsen for the City Council and
Redevelopment Agency to continue the Joint Public Hearing on this item to the
next scheduled meeting on November 2, 2010.
Motion carried 4-0
2. FIFTH AMENDMENT TO TUSTIN LEGACY DISPOSITION AND
DEVELOPMENT AGREEMENT 04-02 (RETAIL DEVELOPMENT) AND FIFTH
AMENDMENT TO THE INFRASTRUCTURE CONSTRUCTION AND
PAYMENT AGREEMENT
City Council/Redevelopment Agency/Tustin October 19, 2010
Public Financing Authority Minutes Page 3 of 10
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.
Information on the item was presented by Assistant City Manager Christine
Shingleton.
Public hearing opened at 7:26 p.m.
Public hearing closed at 7:26 p.m.
Motion: It was moved by Councilmember/Agencymember Davert and seconded
by Mayor Pro Tem/Chair Pro Tem Nielsen to approve the recommended action.
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.
Motion carried 4-0
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 Minutes Page 4 of 10
CONSENT CALENDAR ITEMS 3-6 - It was moved by Councilmember/Agencymember
Davert and seconded by Mayor Pro Tem/Chair Pro Tem Nielsen to approve the consent
calendar items as recommended by staff.
Motion carried 4-0
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 Minutes Page 5 of 10
REGULAR BUSINESS ITEMS 7-13
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.
• A presentation was given by Margaret Pashko, Southern California Gas
Company
• A presentation was given by Allan Campbell, Kinder-Morgan Energy
Partners
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro
Tem Nielsen to receive and file.
Motion carried 4-0
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.
Information on the item was presented by Public Works Director Doug Stack.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Palmer that the 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.
Motion carried 4-0
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")
City Council/Redevelopment Agency/Tustin October 19, 2010
Public Financing Authority Minutes Page 6 of 10
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).
A presentation was given by Jim Fabian, Fieldman, Rolapp & Assoc, Inc. and
Sara Oberlies Brown, Stone & Youngberg.
Motion: It was moved by Councilmember/Agencymember/Director Davert and
seconded by Mayor Pro Tem/Chair Pro Tem/Chairperson Nielsen that the
Redevelopment Agency ,City Council and Tustin Public Financing Authority
approve the recommendation:
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 and sale of the Bonds.
a. Indenture of Trust;
b. Bond Purchase Agreement; and
c. Preliminary Official Statement.
2. 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. 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.
Motion carried 4-0
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
City Council/Redevelopment Agency/Tustin October 19, 2010
Public Financing Authority Minutes Page 7 of 10
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
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")
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Palmer 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.
Motion carried 4-0
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
City Council/Redevelopment Agency/Tustin October 19, 2010
Public Financing Authority Minutes Page 8 of 10
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.
Motion: It was moved by Councilmember Davert and seconded by Mayor
Amante to pay a second year of dues to the Association of California Cities and
drop membership with the State League of California Cities.
Motion carried 4-0
12. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
Mayor Amante reported that he has asked City Manager Biggs to bring back a
report to the Council at a future date pertaining to legislation recently signed by
the Governor concerning the formation of an insurance exchange and potential
impacts on Tustin families and companies.
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.
Motion: It was moved by Mayor Amante and seconded by Mayor Pro Tem
Nielsen to continue this item to the November 2 meeting.
Motion carried 4-0
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
City Manager Biggs:
• Urged voters to get informed concerning Proposition 22 which is designed to
protect local government from state takes
Councilmember Davert
• Welcomed David Biggs as City Manager
• Reminded community to vote on November 2
• Announced that the Tustin Public Schools Foundation's Dinosaur Dash will be held
on November 7 and that he will attend for the eighteenth year
City Council/Redevelopment Agency/Tustin October 19, 2010
Public Financing Authority Minutes Page 9 of 10
• Requested information as to when the traffic signal next to Columbus Tustin Middle
School will be operational; Public Works Director Doug Stack informed that the
signal is expected to be energized within 2 weeks
Councilmember Palmer
• Congratulated David Biggs as new City Manager
• Requested that Council's office space be agendized for the next meeting
Mayor Pro Tem Nielsen
• Welcomed City Manager David Biggs
• Thanked former City Manager Bill Huston for decades of service to Tustin
• Reported on Southern California Association of Governments committee meetings:
o Community Economic and Human Development Committee
o Joint Committee on all policy committees
o Regional Council
• Reminded all of Third Annual Old Town Art Walk Saturday, October 23, from 10:00
a.m. to 4:00 p.m. at EI Camino Real and Main Street presented by the City of
Tustin, Tustin Area Council for Fine Arts and the Tustin Preservation Conservancy
• Invited the community to the Halloween Howl on October 29 from 3:00 p.m. to 5:00
p.m. at the Columbus Tustin Activity Center
Mayor Amante
Corrected misinformation contained in some City Council candidate flyers being
circulated by presenting the following:
o There is no budget deficit in Tustin; capital improvement projects being paid
for by savings collected previously
o The City did not engage in eminent domain at losses of millions of dollars of
taxpayer monies but rather saved the taxpayers millions of dollars via a jury
award
o The lawsuit with Tustin Unified School District was initiated by them in
response to the City's legal responsibility to enforce grading and storm water
management programs
o Significant private and institutional development has occurred at the former
MCAS, Tustin and the City has received many awards for its development
ADJOURNED at 9:14 p.m. -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.
Adjourned in the memory of
Rose Svehla
City Council/Redevelopment Agency/Tustin October 19, 2010
Public Financing Authority Minutes Page 10 of 10