HomeMy WebLinkAbout02 CC/RDA MINUTESAgenda Item
Reviewed:
City Manager __ : _
Finance Director N/A
MINUTES OF THE
JOINT REGULAR MEETING OF THE CITY COUNCIL
REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY
SEPTEMBER 20, 2011
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER -Meeting #2271 at 5:33 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Deborah Gavello,
Rebecca "Beckie" Gomez and AI Murray
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: William A. Huston, Interim City Manager, and David E. Kendig, 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
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
A enc : City of Tustin
City/Agency Negotiators: Christine Shingleton, Assistant City
Manager; David Kendig, City Attomey
Negotiating Parties Crossroad Church, represented by Josh
City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011
Minutes Page 1 of 11
Under Negotiation:
• Property Address/Description
Agency:
City/Agency Negotiators:
Negotiating Parties:
Beneda, Trustee
Price and terms of payment
2345 Barranca Pkwy, APN: 434-021-22,
Army Reserve Center
City of Tustin
Christine Shingleton, Assistant City
Manager
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
Code § 54956.9(a)] -Three cases
• Tustin Unified School District v. City of Tustin
00345476, Orange County Superior Court
• City of Tustin v. Tustin Unified School District
501073; Orange County Superior Court
[Govt.
et al., Case No. 30-2010-
et al., Case No. 30-2011-
• SEMA Construction, Inc. v. City of Tustin, OCSC Case No. 00101147
F. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section
54957(b) -City Manager
RECESSED at 5:34 p.m.
RECONVENED at 7:08 p.m.
JOINT CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY
AND TUSTIN HOUSING AUTHORITY MEETING
7:00 P.M.
,,~~ ~ ~'
CALL TO ORDER -Meeting #2271 at 7:08 p.m.
INVOCATION -Warren Johnson, OCFA Battalion 3
PLEDGE OF ALLEGIANCE - Councilmember Gomez
ROLL CALL -City Clerk
Present: Mayor/Chair/Chairman Jerry Amante, Mayor Pro Tem/Chair Pro
Tem/Vice Chairman John Nielsen, and
Councilmembers/Agencymembers/Commissioners Deborah Gavello,
City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011
Minutes Page 2 of 11
Rebecca "Beckie" Gomez and AI Murray
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: William A. Huston, Interim City Manager, and David E. Kendig, City
Attorney
CLOSED SESSION REPORT -City Attorney David E. Kendig
City Council met in Closed Session and by a vote of 5-0 denied claims of Heather
McKinnon and Lucia Prado; otherwise, no reportable action was taken.
ORAL COMMUNICATION/PUBLIC INPUT -
• Dorothy Sheldon
• Maureen Holmann
PUBLIC HEARING 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.
The public hearing opened at 7:20 p.m.
The public hearing closed at 7:21 p.m. with no comments
Motion: It was moved by Councilmember Murray and seconded by Mayor Pro
Tem Nielsen 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.
City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011
Minutes Page 3 of 11
Motion carried 5-0
CONSENT CALENDAR ITEMS 2-9
It was moved by Mayor Pro Tem/Chair Pro Tem/Vice Chairman Nielsen and seconded by
Councilmember/Agencymember/Commissioner Gavello to approve the consent calendar
items as recommended by staff.
Motion carried 5-0
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
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 1 A North and 2A.
Recommendation: That the City Council confirm the top three most qualified
development entities for Tustin Legacy Disposition Packages 1 A 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
City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011
Minutes Page 4 of 11
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 1 X 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 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 PaymentlReimbursement 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 FOPS") 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:
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City CouncillRedevelopment Agency/Tustin Housing Authority September 20, 2011
Minutes Page 5 of 11
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.
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
City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011
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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
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 Cauncil 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
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City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011
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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
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 10-13
10. ESTABLISHMENT OF ASSISTANT EXECUTIVE DIRECTOR
CLASSIFICATION
Create the part-time hourly compensated classification of Assistant Executive
Director effective January 2, 2012.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Murray to amend the Classification and Compensation plan to
add the Assistant Executive Director classification with the rate of pay as $110
per hour.
Motion carried 3-2 (Councilmembers Gavello and Gomez dissenting)
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
City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011
Minutes Page 8 of 11
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.
Motion: It was moved by Councilmember Murray and seconded by Mayor Pro
Tem Nielsen that the City Council receive and file this report.
Motion carried 5-0
12. LEGISLATIVE REPORT -None
13. CITY MANAGER RECRUITMENT
Mayor Pro Tem Nielsen reported that the recruitment closed on August 21; 64
applications were received; consultant narrowed to nine candidates
and screened applicants
Councilmember Murray reported that the subcommittee met with the recruiter
last week; subcommittee concurred with recommendations and results were
discussed; interviews have been scheduled for October 15
OTHER BUSINESS/COMMITTEE REPORTS
Councilmember Gomez:
• Attended Tustin Ranch Road groundbreaking event
• Attended Association of California Cities Orange County (ACCOC) meeting
• Attended 9/11 ceremony at Irvine Valley College; insightful and inspirational
• Attended Beckman High School BLEE Dinner fundraiser
• Attended Tustin's 9/11 ceremony
• Attended fundraiser for "meet the new TUSD superintendent"
• Heard Stephen Breyer, Supreme Court Justice, at Nixon library
• Attended Rancho Santiago Foundation event, Soldiers to Scholars, to assist
veterans in returning to college
• Took a brief tour of the Senior Center; thanked Senior Center staff and Dave
Wilson
• Attended Tustin Chamber Health Fair; was well attended; local hospitals (GROG,
St. Joseph's); specialty hospitals, and health care companies, banks, Tustin Police
Department; hopes event will grow as is a great public service
• Announced Tustin/Beckman football faceoff Friday night
Councilmember Murray:
• Attended Tustin Ranch Road groundbreaking
• Attended ACCOC dinner meeting
• Attended 9/11 10t" anniversary at Irvine Valley College event
City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011
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• Attended 9/11 Tustin event at Cedar Grove Park; many children attended; scouts;
thanked Mayor Pro Tem Nielsen for suggesting event
• Attended Tustin Community Foundation fundraiser at Marconi Museum; was well
attended
• Attended Chamber breakfast to honor Officer of Month and listen to Lacy Kelly,
CEO of ACCOC
• Attended Tustin Audit Committee meeting where Bob Ammann was sworn in as
new Commissioner
• Announced Tustin's sales tax numbers rose 6.1 % over 1St quarter of 2011; is on
website
• Shared that Costume Castle is open in Marketplace
• Announced that the Citrus Ranch Art Wall ad hoc committee meeting met regarding
artist submittals to create the park's the mural; subcommittee includes Don Ropele,
Liz Fortner, Sharon Sakamoto, Donna Marsh Peery and Dave Wilson. The mural
will begin later in fall
• Wished Councilmember Gomez and Dave Wilson a happy birthday
Mayor Pro Tem Nielsen:
• Attended Tustin Ranch Road groundbreaking
• Spoke and participated in the 9/11 10t" anniversary remembrance program;
thanked Stephanie Najera and Lisa Woolery for pulling the event together in a short
period of time; thanked mayor for comments; and enjoyed seeing members of the
community, firefighters, police department and other first responders, and members
of the airlines. Two cedar trees were planted in remembrance of the twin towers;
thanked scouts for participating.
• Attended the Chamber membership breakfast and heard CEO Lacy Kelly, ACCOC,
speak
• Attended Chamber's health fair held at I-5 storage; very informative and included
many health-related businesses
• Attended Magic at the Manor; fundraiser for Tustin Dollars for Scholars at Wilcox
Manor
• Attended Business Alliance of Orange County's "It's a Dog's Life" Pooch Parade at
Enderle Center
• Attended Tustin Community Foundation fundraising event at Marconi
Mayor Amante:
• Attended Tustin Ranch Road groundbreaking; thanked Mayor Kang, Irvine, for
attending and leading the Pledge of Allegiance
• Spoke at Tustin's 9/11 event; thanked Stephanie Najera and Lisa Woolery and
thanked Rabbi Eliezrie, Chabad of Tustin, Elaine Younis from the InterFaith Islamic
Center and Reverend Dane Counts; thanked Assemblyman Wagner for attending.
Next year a plaque will be placed by the trees that were planted
• Heard Lacy Kelly speak at the Chamber event; ACCOC remains engaged in
redevelopment; thanked Woodruff, Spradlin & Smart who are donating legal time to
file amicus brief
• Swore in Bob Ammann as new Audit Commissioner; thanked Audit Commissioners
and Treasurer for all they do
• Will be traveling September 21 on behalf of OCTA to Washington D.C. with Rich
City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011
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Bacigalupo, OCTA Manager of Federal Relations, to talk about surface
transportation reauthorization bill and to discuss the Gary Miller bill that was
sponsored by Peter Buffa bill "Breaking Down Barriers"
• Announced that September 27 new playground at Centennial Park will open
• Shared that on September 28 he will be in LA regarding LOSSAN board
• Announced Tiller Days September 30 -October 2
• Congratulated Business Alliance of Orange County's "It's a Dog's Life" Pooch
Parade that he attended with Connie (new Springer Spaniel puppy)
• Congratulated Beckie Gomez on birthday
ADJOURNED at 7:42 p.m. -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.
ADJOURNED IN THE MEMORY OF LLOYD "BILL" ROBBINS
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