The URL can be used to link to this page

Home My WebLink About00 CC AGENDA 9-20-11CITY OF TUSTIN SEPTEMBER 20, 2011 JOINT REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL, REDEVELOPMENT 300 CENTENNIAL WAY, TUSTIN AGENCY AND TUSTIN HOUSING AUTHORITY John Nielsen, Mayor Pro Tem William A. Huston, Interim City Manager Deborah Gavello, Councilmember David E. Kendig, City Attorney Rebecca “Beckie” Gomez, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk Al Murray, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER – Meeting #2271 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 C. LIABILITY CLAIMS [Government Code § 54956.95] ? Consideration of Claim of Heather McKinnon, Claim No. 11-06 ? Consideration of Claim of Lucia Prado, Claim No. 11-25 D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] ? Property Address/Description: 2472 Walnut Avenue APN: 432-491-34, Crossroad Church Agency: City of Tustin City/Agency Negotiators: Christine Shingleton, Assistant City Manager; David Kendig, City Attorney 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. Negotiating Parties Crossroad Church, represented by Josh Beneda, Trustee Under Negotiation: Price and terms of payment ? Property Address/Description 2345 Barranca Pkwy, APN: 434-021-22, Army Reserve Center Agency: City of Tustin City/Agency Negotiators: Christine Shingleton, Assistant City Manager Negotiating Parties: United States Government acting through the Department of the Army, represented by Stan Wallin and Jeremy Hollis of the Army Corps of Engineers; and Vestar/Kimco Tustin, L.P., represented by Allan Kasen. Under Negotiation: Price and terms of payment E. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Govt. Code § 54956.9(a)] – Three cases ? Tustin Unified School District v. City of Tustin et al., Case No. 30-2010- 00345476, Orange County Superior Court ? City of Tustin v. Tustin Unified School District et al., Case No. 30-2011- 501073; Orange County Superior Court ? SEMA Construction, Inc. v. City of Tustin, OCSC Case No. 00101147 F. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b) - City Manager JOINT CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY MEETING 7:00 P.M. CALL TO ORDER – Meeting #2271 INVOCATION – Warren Johnson, OCFA Battalion 3 PLEDGE OF ALLEGIANCE – Councilmember Gomez ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney David E. Kendig ORAL COMMUNICATION/PUBLIC INPUT – At this time, any member of the public may City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011 Meeting Agenda Page 2 of 9 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 ITEM 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 Item 1) 1. 2011 JUSTICE ASSISTANCE GRANT (JAG) Congress established the Byrne Justice Assistance Grant (JAG) program in the 2005 Omnibus Appropriations Package. The JAG program blends the previous Edward Byrne Formula Grant (Byrne) and the Local Law Enforcement Block Grant (LLEBG) programs into one program, which is intended to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. The Police Department proposes to use the 2011 JAG funds to provide supplemental funding to the Proactive Methamphetamine Task Force (PROACT) and to purchase 6 laptop computers for use in patrol vehicles and in court. Recommendation: That the City Council: 1. Open and close a public hearing; 2. Authorize the Police Department to apply for JAG funding through the County of Orange, and use the funds as recommended; 3. Authorize the Chief of Police to sign any grant-related paperwork on behalf of the City, including the Transfer Agreement authorizing reimbursement from the County of Orange to the City of Tustin. 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 2 through 9) 2. APPROVAL OF MINUTES – REGULAR MEETING OF JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON SEPTEMBER 6, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on September 6, 2011 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011 Meeting Agenda Page 3 of 9 Recommendation: Approve Demands in the amount of $4,710,959.71 and Payroll in the amount of $678,889.38. 4. EXPERT PANEL RECOMMENDATIONS ON THE THREE MOST QUALIFIED DEVELOPMENT ENTITIES TO MOVE FORWARD IN THE DEVELOPER SELECTION PROCESS FOR DISPOSITION PACKAGES 1A NORTH AND 2A AT TUSTIN LEGACY The City Council's confirmation is requested of the three development entities determined most qualified by the City selected Expert Panel for Tustin Legacy Disposition Packages 1A North and 2A. Recommendation: That the City Council confirm the top three most qualified development entities for Tustin Legacy Disposition Packages 1A North and 2A, identified herein as recommended by the Expert Panel for these Disposition Packages, and authorize staff to move forward with Step 2, including the solicitation of specific proposals from each development entity. 5. HOUSING AUTHORITY 2010-2011 ANNUAL REPORT The California Housing Authorities Law of the California Health and Safety Code requires that the Housing Authority submit to the legislative body and the California State Department of Housing and Community Development an annual report for the preceding fiscal year. Recommendation: It is recommended the Tustin Housing Authority Commissioners: • Receive and file its Annual Report for Fiscal Year ("FY") 2010-2011 and transmit such report to the Tustin City Council. It is recommended that the City Council take the following actions: • Receive and file the Housing Authority's Annual Report for FY 2010-2011. • Direct that a copy of the Housing Authority's Annual Report for FY 2010-2011 be filed with the City Clerk and ex-officio Clerk of the City Council of the City of Tustin and the California State Department of Housing and Community Development. 6. ASSEMBLY BILL 1X 26 VARIOUS OBLIGATIONS Recently, the California Supreme Court issued several orders in California Redevelopment Assn. v. Matosantos (S194861) that stayed certain sections of AB 1x 26 and AB 1x 27. The stay limits the Tustin Community Redevelopment Agency's ("Agency") authority to act to carrying out enforceable obligations and enjoins the Agency's authority to act as to new contracts, programs, or projects. The unstayed provisions of AB 1 x 26 require certain actions to be taken by the City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011 Meeting Agenda Page 4 of 9 City and Agency. Recommendation: It is recommended that the Tustin Community Redevelopment Agency: 1. Adopt Resolution No. 11-04 Adopting an Initial Recognized Obligation Payment Schedule; Transmitting such Schedule to the City of Tustin; Approving an Agreement to Transfer Tax Increment between the Agency and the City, and Making Certain Findings in Connection Therewith. 2. Authorize the Tustin Community Redevelopment Agency to enter into an Administrative Expense Payment/Reimbursement Agreement with the City of Tustin which reflects the City and Agency's current practice and the Agency and City's adopted FY 2011-12 Budgets. 3. By minute action of the Agency, agree with the City's action herein that the Agency will not be required to make repayment of the 2010-11 loan to the South Central Project Area from the City, and for fiscal year 2011- 12 said loan is renewed, but no interest shall accrue on such loan during fiscal year 2011-12 pursuant to provisions of the Agreement between the City and Agency entered into on September 10, 2010. 4. Adopt Resolution No. 11-05, Approving a Revised Enforceable Obligations Schedule ("Revised EOPS") for the Agency attached as Exhibit A with all supporting attachments. The Revised EOPS shall be posted for at least three days to the City's Internet web site before any payment is made pursuant to an amendment. It is recommended that the City Council: 1. Adopt Resolution No. 11-71, Electing to Serve as the Successor Agency to the Tustin Community Redevelopment Agency; Accepting transmittal of an Initial Recognized Obligation Payment Schedule; Approving an Agreement to Transfer Tax Increment Between the Agency and the City, and Making Certain Findings in Connection Therewith. 2. Authorize the City of Tustin to enter into an Administrative Expense/Reimbursement Agreement with the Tustin Community Redevelopment Agency which reflects the City and Agency's current practice and the Agency and City's adopted FY 2011-12 Budgets 3. By minute action of the City, the City will not require repayment by the Agency of the 2010-11 loan to the South Central Project Area from the City, and for fiscal year 2011-12 said loan is renewed, but no interest shall accrue on such loan during fiscal year 2011-12 pursuant to provisions of the Agreement between the City and Agency entered into on September 10, 2010. City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011 Meeting Agenda Page 5 of 9 4. By minute motion, accept transmittal of a Revised EOPS from Agency and instruct the City Clerk to post same on City's Internet web-site. RESOLUTION NO. 11-04 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY ADOPTING AN INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE, TRANSMITTING SUCH SCHEDULE TO THE CITY OF TUSTIN, APPROVING AN AGREEMENT TO TRANSFER TAX INCREMENT BETWEEN THE AGENCY AND THE CITY, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH RESOLUTION NO. 11-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, APPROVING AND ADOPTING A REVISED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE RESOLUTION NO. 11-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ELECTING TO SERVE AS THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY; ACCEPTING TRANSMITTAL OF AN INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE; APPROVING AN AGREEMENT TO TRANSFER TAX INCREMENT BETWEEN THE AGENCY AND THE CITY; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH 7. APPROVAL OF A CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) AND THE CITY OF TUSTIN FOR THE TUSTIN RANCH ROAD OVERCROSSING Staff is requesting the City Council approve the Construction and Maintenance Agreement with Southern California Regional Rail Authority ("SCRRA") identifying responsibilities for construction activities associated with the new grade separated overpass structure and associated roadway improvements that collectively define the Tustin Ranch Road Extension. Recommendation: That the City Council: 1. Approve the attached Construction and Maintenance Agreement with SCRRA and authorize the Public Works Director/City Engineer to execute the agreement on behalf of the City and Agency, in a form substantially consistent with the attached and subject to approval by the City Attorney; and 2. Appropriate $1,023,000 from the undesignated unappropriated fund balance CFD 06-01 Fund (434). 8. APPROVE HOMEOWNER AGREEMENTS AND MEMORANDA FOR City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011 Meeting Agenda Page 6 of 9 CERTAIN PROPERTIES IN CONJUNCTION WITH THE TUSTIN RANCH ROAD EXTENSION PROJECT BETWEEN WALNUT AVENUE AND VALENCIA AVENUE (CIP No. 70100) Staff is requesting the City Council and the Tustin Community Redevelopment Agency approve certain agreements associated with the required applicable noise mitigation measures as identified in the Final Supplement #1 to the Final EIS/EIR for the Tustin Ranch Road Extension Project CIP No. 70100 & 70206 on or adjacent to the property located at 2362 Fig Tree Drive (Receptor 3) and at 2362 Basswood Circle (Receptor 5). Recommendation: That the City Council and Tustin Community Redevelopment Agency: 1. Approve the attached documents for 2362 Fig Tree Drive (Receptor 3) and 2362 Basswood Circle (Receptor 5) including the Agreement to Enter, Construct, and Permanently Convey Sound Wall; Project Implementation Agreement; and Memorandum of Project Implementation Agreement for each, and authorize the Mayor, the City Manager/Executive Director or the Assistant City Manager/Assistant Executive Director to execute the agreement on behalf of the City and Agency, subject to approval as to form with any minor non-substantive modifications required by the City Attorney and which shall not become effective for three business days, pending any request for review by the California Department of Finance ("DoF"). If DoF requests review of this Agency action, DoF shall have 10 days from the date of its request to approve the Agency action or return it to the Agency for reconsideration and the action if subject to review by DoF shall not be effective until approved by DoF; and 2. Appropriate $14,270 from unappropriated funds from the CFD 06-01 Fund (434) to the Tustin Ranch Road Extension Project Capital Improvement Program Fund between Walnut Avenue and Valencia Avenue (CIP No. 70100). 9. FINAL TRACT MAP 17404 Final Tract Map (FTM) 17404 is a subdivision of a 627.9 acre site into 58 numbered lots and 119 lettered lots for conveyance and financing purposes only. On September 6, 2011, the City Council adopted Resolution No. 11-60 approving Tentative Tract Map 17404. Recommendation: That the City Council adopt Resolution No. 11-70 approving Final Tract Map 17404 to subdivide a 627.9 acre site into 58 numbered lots and 119 lettered lots for financing and conveyance purposes only. RESOLUTION NO. 11-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP 17404 TO SUBDIVIDE A 627.9-ACRE City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011 Meeting Agenda Page 7 of 9 SITE INTO 58 NUMBERED LOTS AND 119 LETTERED LOTS LOCATED WITHIN NEIGHBORHOODS B, D, AND A PORTION OF G (PLANNING AREAS 7, 8, 13-15) OF THE MCAS TUSTIN SPECIFIC PLAN GENERALLY BOUNDED BY EDINGER AVENUE TO THE NORTH, JAMBOREE ROAD TO THE EAST, BARRANCA PARKWAY TO THE SOUTH, AND ARMSTRONG ROAD TO THE WEST FOR FINANCING AND CONVEYANCE PURPOSES ONLY. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 10 through 13) 10. ESTABLISHMENT OF ASSISTANT EXECUTIVE DIRECTOR CLASSIFICATION Create the part-time hourly compensated classification of Assistant Executive Director effective January 2, 2012. Recommendation: Amend the Classification and Compensation plan to add the Assistant Executive Director classification with the rate of pay as $110 per hour. 11. OLD TOWN FAMILY FUN NIGHT Old Town Family Fun Night is a Conditional Use Permit (CUP) application for a street fair for every Thursday night from 4:00 p.m. to 8:00 p.m. The street fair application proposed the inclusion of a Certified Farmers' market, a kid's corner, pre-packed foods, entertainment, and original crafts; and, was proposed to take place on EI Camino Real between Sixth Street and Main Street. On July 5, 2011, the City Council received a status update on the application and continued the item to July 19, 2011, to allow staff to evaluate the utilization of City forces and the use of third party volunteers for the event. On July 19, 2011, after receiving public testimony, the Council continued the item to September 6, 2011, and then to September 20, 2011, to allow staff to conduct outreach to the community and report back to the City Council. Recommendation: That the City Council receive and file this report. 12. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. 13. CITY MANAGER RECRUITMENT The City Manager Recruitment Committee will provide an update on the status of the City Manager recruitment. City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011 Meeting Agenda Page 8 of 9 OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT – The next meeting is scheduled for Tuesday, October 4, 2011 at 5:30 for Closed Session Meeting followed by the Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. ADJOURN IN THE MEMORY OF LLOYD “BILL” ROBBINS City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011 Meeting Agenda Page 9 of 9