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Home My WebLink AboutCC MINUTES 2011-09-20MINUTES 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 Gity 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: Minutes 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 AddresslDescription: 2472 Walnut Avenue APN: 432-491-34, Crossroad Church Agency: City of Tustin CitylAgency Negotiators: Christine Shingleton, Assistant City Manager; David Kendig, City Attorney Ne_ otct iating Parties Crossroad Church, represented by Josh Beneda, Trustee Under Negotiation: Price and terms of payment mciilRedevelopment AgencylTustin Housing Authority September 20, 2011 Page 1 of 11 • Property Address/Description 2345 Barranca Pkwy, APN: 434-021-22, Army Reserve Center Aged: City of Tustin City/Agency Negotiators: Christine Shingleton, Assistant City Manager Ne otiating 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 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, Rebecca "Beckie" Gomez and AI Murray Absent: None City Clerk: Pamela Stoker, City Clerk City CouncillRedevelopment AgencylTustin Housing Authority September 20, 2011 Minutes Page 2 of 11 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 COMMUNICATIONIPUBLIC INPUT - • Dorothy Sheldon • Maureen Holmann PUBLIC HEARING ITEM 1 Minutes 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. Motion carried 5-0 Page 3 of 11 Housing Authority CONSENT CALENDAR ITEMS 2-9 It was moved by Mayor Pro TemlChair Pro TemNice Chairman Nielsen and seconded by Councilmember/AgencymemberlCommissioner 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 1A North and 2A. Recommendation: That the City Council confirm the top three most qualified develapment 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: September 20, 2011 Page 4 of 11 • 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 and Agency. Recommendafion: 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 PaymentlReimbursernent 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 shalt 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 FOPS shalt 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. Adop# Resolution No. 11-71, Electing to Serve as the Successor Agency to the Tustin Community Redevelopment Agency; Accepting transmittal Housing Authority Page 5 of 11 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 Staff is requesting the Ci#y Council approve the Construction and Maintenance Agreement with Southern California Regional Rail Authority ("SCRRA"} City Council/Redevelopment Agency/Tustin Housing Authority September 20, 2011 Minutes Page 6 of 11 identifying responsibilities for construction activities associated with the new grade separated overpass structure and associated roadway improvements tha# rv collectively define the Tustin Ranch Road Extension. ~~r 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). $. 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 & 702001 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 far each, and authorize the Mayor, the City Manager/Executive Director or the Assistant City Manager/Assistant Executive Director to execute the agreement an 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 became effective for three business days, pending any request for review by the CaFifarnia 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 DaF 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 City CouncillRedevelopment AgencylTustin Housing Authority September 20, 2Q11 Minutes Page 7 of 11 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, $, 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 1d-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 far 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 ~~y ber 20, 2011 Page 8 of 11 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 o community and report back to the City Council. ~w >~-w 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 9111 ceremony at Irvine Valley College; insightful and inspirational • Attended Beckman High School BLEE Dinner fundraiser • Attended Tustin's 9111 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 weH attended; local hospitals {CHOC, 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 • Attended 9111 Tustin event at Cedar Grove Park; many children thanked Mayor Pro Tem Nielsen for suggesting event • Attended Tustin Community Foundation fundraiser at Marconi City Cot Minutes Agent;ylTustin Housing attended; scouts; was well ber 24, 2411 Page 9 of 11 attended • Attended Chamber breakfast to honor Officer of Month and listen to Lacy Kelly, CEO of ACGOC • Attended Tustin Audit Committee meeting where Bob Ammann was sworn in as new Commissioner • Announced Tustin's sales tax numbers rose 6.1°l0 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 10th 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 9111 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 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" Gity CounciltRedevelopment Agency/Tustin Housing Authority September 20, 2011 Minutes Page 10 of 11 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 w °~~ Parade that he attended with Connie (new Springer Spaniel puppy} • Congratulated Beckie Gomez on birthday ADJOURNED at 7:42 p.m. -The next Council Chamber, 300 Centennial Way, Tustin, is scheduled for Tuesday, October 4, 2011 ADJOURNED IN THE MEMORY OF LLOYD "BILL" ROBBINS y4 ~, 7 ~~~ f~if a s 6 T fi+~E f~'' 1 `} -, ~ ~. ~ r'~'~..~3" . MEt~4 STC)K City Clerk City CouncillRedevelopment AgencylTustin Housing Authority September 20, 2011 Minutes Page 11 of 11