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Home My WebLink AboutCC MINUTES 2011-10-04MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY OCTOBER 4, 2011 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER -Meeting #2272 at 5:30 p.m. ATTENDANCE Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers Rebecca "Beckie" Gomez and AI Murray Absent: Councilmember/Agencymember Deborah Gavello 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. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] • Property Address/Description: Agency: City/Agency Negotiators: Negotiating Parties 2472 Walnut Avenue APN: 43291-34, Crossroad Church City of Tustin Christine Shingleton, Assistant City Manager; David E. Kendig, City Attorney Crossroad Church, represented by Josh Beneda, Trustee Under Negotiation: Price and terms of payment D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] • Progerty Address/Description: 2345 Barranca Pkwy, APN: 434-021-22, Army Reserve Center City Council/Redevelopment Agency/Tustin Housing Authority October 4, 2011 Minutes Page 1 of 8 Agency: City of Tustin Ci /Agency Negotiators: Christine Shingleton, Assistant City Manager and David E. Kendig, City Attorney 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 REAL PROPERTY NEGOTIATOR (Govt. Code 54956.8] • Property Address/Descrip tion: 1180 N. Miller Street Anaheim Agency: , City of Tustin City/Agency Negotiators: Christine Shingleton, Assistant City Manager, and David E. Kendig, City Attorney Negotiating Parties: Rickey Warner, Senior Vice President CB Richard Ellis, Anaheim office; 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 F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] • Property Address/Descrip tion: 4 Liberty, Aliso Viejo. CA A enc : City of Tustin City/Agency Negotiators: Christine Shingleton, Assistant City Manager, and David E. Kendig, City Attorney Negotiating Parties: Larry Schuler, First Vice President, Industrial Properties, CB Richard Ellis, Newport Beach Office; 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 G. 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 City Council/Redevelopment Agency/Tustin Housing Authority October 4, 2011 Minutes Page 2 of 8 RECESSED at 5:31 p.m. RECONVENED at 7:06 p.m. JOINT CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY MEETING 7:00 P.M. CALL TO ORDER -Meeting #2272 at 7:06 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE - American Legion ROLL CALL -City Clerk Present: Mayor/Chair/Chairman Jerry Amante, Mayor Pro Tem/Chair Pro Tem/Vice Chairman John Nielsen, and Councilmembers/Agencymembers/Commissioners Rebecca "Beckie" Gomez and AI Murray Absent: Councilmember/Agencymember/Commissioner Deborah Gavello City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: William A. Huston, Interim City Manager, and David E. Kendig, City Attorney CLOSED SESSION REPORT -City Attorney David E. Kendig No reportable action. PRESENTATIONS • Recognition of Walt Sullens for service on Audit Commission • Fire Prevention Week (Chief Rob Patterson, Orange County Fire Authority) • Orange County Vector Control (Michael Hearst, District Manager) ORAL COMMUNICATION/PUBLIC INPUT - • Cherise Latortue • Maureen Homan • Barbara Geferlings • Cindy Hoffman • Dorothy Sheldon • Robert Hammond • John Black PUBLIC HEARING ITEM 1 1. MCAS TUSTIN SPECIFIC PLAN City CounciURedevelopment AgencylTustin Housing Authority October 4, 2011 Minutes Page 3 of 8 Presentation by Dana Ogdon, Assistant Community Development Director On February 3, 2003, the Tustin City Council adopted the MCAS Tustin Specific Plan to establish development regulations and procedures for reuse of the former Marine Corps Air Station (MCAS) Tustin (Tustin Legacy). The South Orange County Community College District ("SOCCCD") and County of Orange ("County") have indicated an interest in pursuing a land exchange between the two agencies at Tustin Legacy. To support the proposed land exchange, the City of Tustin has prepared the proposed Specific Plan Amendment to implement minor text changes to clarify existing regulations. The proposed Amendment would not increase the overall development potential or residential capacity currently allowed by the MCAS Tustin Specific Plan. The public hearing opened at 8:03 p.m. The public hearing closed at 8:03 p.m. with no comments Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray to take the following actions: 1. That the Tustin City Council introduce and have first reading of Ordinance No. 1406, approving Specific Plan Amendment (SPA) 11-003, implementing minor text amendments of the MCAS Tustin Specific Plan (Attachment A). 2. Authorize the City Manager or his designee to execute and implement future City of Tustin actions to support implementation of a land exchange between the South Orange County Community College District and County of Orange, including but not limited to the City implementation actions described in this report. ORDINANCE NO. 1406 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 11- 003, IMPLEMENTING MINOR TEXT AMENDMENTS TO THE MCAS TUSTIN SPECIFIC PLAN. Motion carried 4-0 CONSENT CALENDAR ITEMS 2-8 It was moved by Councilmember/Agencymember/Commissioner Murray and seconded by Mayor Pro Tem/Chair Pro Tem/Vice Chairman Nielsen to pull consent item 7 and to approve the balance of the consent calendar items as recommended by staff. Motion carried 4-0 City Council/Redevelopment Agency/Tustin Housing Authority October 4, 2011 Minutes Page 4 of 8 2. APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY HELD ON SEPTEMBER 20, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council, Redevelopment Agency and Tustin Housing Authority held on September 20, 2011 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Payroll in the amount of $667,151.83 and Demands in the amount of $3,884,871.68. 4. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS Redevelopment Agency staff provides on a monthly basis an update of redevelopment related projects. Recommendation: Receive and file. 5. EXPERT PANEL RECOMMENDATIONS - THREE MOST QUALIFIED DEVELOPMENT ENTITIES TO MOVE FORWARD IN THE DEVELOPER SELECTION PROCESS FOR DISPOSITION PACKAGE 1 B 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 Package 1 B, an approximate 52 acre for-sale residential development site. Recommendation: That the City Council confirm the top three most qualified development entities for Tustin Legacy Disposition Package 1 B, identified herein as recommended by the Expert Panel for this Disposition Package, and authorize staff to move forward with Step 2, including the solicitation of specific proposals from each development entity. 6. APPROVAL OF PRE-QUALIFIED GENERAL CONTRACTORS FOR CONSTRUCTION OF THE TUSTIN RANCH ROAD, VALENCIA AVENUE, PARK AVENUE, AND LEGACY ROAD PH. 2 ROADWAY IMPROVEMENTS CONSTRUCTION PROJECT CIP NOS. 70100, 70204, 70206, 70214, & 70215 The general contractors for construction of Tustin Ranch Road, Valencia Avenue, Park Avenue, and Legacy Road Ph. 2 Roadway Improvements Construction Project (CIP No.'s 70100, 70204, 70206, 70214, & 70215) have been pre-qualified and are ready to be approved as eligible to bid the project. Recommendation: That the City Council and the Tustin Community Redevelopment Agency (Agency) approve the eligible pre-qualified general City CounciURedevelopment AgencylTustin Housing Authority October 4, 2011 Minutes Page 5 of 8 contractors as identified to bid the construction of the Tustin Ranch Road, Valencia Avenue, Park Avenue, and Legacy Road Ph. 2 Roadway Improvements Construction Project (CIP No.'s 70100, 70204, 70206, 70214, & 70215). 7. APPROVAL OF PRE-QUALIFIED GENERAL CONTRACTORS FOR CONSTRUCTION OF THE TUSTIN FIRE STATION #37 PROJECT The general contractors for construction of Tustin Fire Station #37 have been pre-qualified and are ready to be approved as eligible to bid the project. It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray that the City Council approve the eligible pre-qualified general contractors as identified to bid the construction of the Tustin Fire Station #37 Project. Motion carried 4-0 8. COOPERATIVE AGREEMENT WITH COMMUNITY SENIORSERV FOR THE NUTRITION TRANSPORTATION PROGRAM AT THE TUSTIN AREA SENIOR CENTER By entering into the attached Cooperative Agreement with Community SeniorServ (CSS), the City will secure funding that will subsidize the nutrition transportation program at the Tustin Area Senior Center. This is a different transportation program than the OCTA Senior Mobility Program for which City Council recently approved an Agreement. Recommendation: That the City Council execute the attached Cooperative Agreement between Community SeniorServ and the City of Tustin, which provides partial funding for the transportation of Tustin Area Senior Center participants enrolled in the lunchtime nutrition program. REGULAR BUSINESS ITEMS 9-12 9. LEGISLATIVE REPORT -None 10. CITY MANAGER RECRUITMENT Councilmember Murray reported that there were 64 responses to the recruitment which the recruiter narrowed to nine. Thanked community for responding to survey on website. Recruiter screened and further narrowed applications to a handful which will be interviewed by the Council. Mayor Pro Tem Nielsen reported candidates will be interviewed by the full Council this month at a time and place to be arranged. 11. CITY COUNCIL STIPENDS AND BENEFITS City Council/Redevelopment Agency/Tustin Housing Authority October 4, 2011 Minutes Page 6 of 8 Mayor Amante proposed that at the October 18 council meeting staff and the City Attorney present draft language for a referendum to put on the ballot for November 2012 for the public to vote on Council stipends, benefits and pensions. Mayor Pro Tem Nielsen concurred. Councilmember Gomez suggested that a survey be taken of other cities and noted that she does not receive health benefits from the City. Councilmember Murray concurred and noted that he does not receive health benefits from the City. 12. CITY COUNCIL GIFTS AND GRATUITIES Mayor Amante proposed that City Council gifts and gratuities be agendized for discussion. Mayor Pro Tem Nielsen, Councilmember Gomez and Councilmember Murray concurred. OTHER BUSINESS/COMMITTEE REPORTS Councilmember Gomez • Attended the Senior Advisory Board meeting which included a presentation from Coventry Court on senior housing-marketing has begun; a Health Fair will be held at the Senior Center on November 4; a recent Casino Fair raised over $2,000 • Attended Santa Ana River Protection Flood Agency meeting; director pursuing funds in Washington for the Santa Ana main stream project-met with representatives including Senator Feinstein and U. S. Army Corps; groundbreaking for Santa Ana River interceptor line on October 11th, Tour of Prado Dam and Seven Oaks Dam later this week • Attended the September 24 35th anniversary of Tustin AAUW branch • Attended September 27 Centennial Park playground opening • Attended Tustin Meadows annual meeting • Attended Tiller Days reception; kudos to Parks and Recreation staff Councilmember Murray • attended the Orange County Transportation Authority Citizen's Advisory Committee meeting • Attended Tustin area Apartment Manager's meeting • Attended Pediatric-Adolescent Diabetes Research Education Foundation Directors meeting • Attended event at the Winery Restaurant; Rex Hudler did a live broadcast • Attended Centennial Park opening; kudos to Dave Wilson • Celebrated his wedding anniversary with Tammy • Participated in the Tustin Tiller Days parade with daughter, Emily; thanked Cherill Cady and volunteers and Rex Hudler as Grand Marshal City CounciURedevelopment Agency/Tustin Housing Authority October 4, 2011 Minutes Page 7 of 8 Shared that he is wearing a pink tie to bring attention that it is Breast Cancer Awareness Month • Mentioned Tustin Pride accepting nominations for Pumpkin Pride Awards Mayor Pro Tem Nielsen • Attended the Orange County Sanitation District Steering Committee Board of Directors meeting; approved budgets • Attended the Orange County Fire Authority Board meeting; discussed Fire Hazard Zone Maps where he raised issue that OCFA's addition of two proposed severity zones be discussed as could create insurance problem for residents and may not be true fire areas; lost vote by one but will be coming to Council for a decision • Invited all to the Orange County Fire Authority open house on October 8 • Attended Tustin Tiller Days • Attended the Centennial Park playground opening • Mentioned October 2011 issue of Sunset Magazine featured Old Town Tustin Mayor Amante • Attended Orange County Transportation Authority board meeting; congratulated Michael Hennessey who replaced Peter Buffa; met with representatives in Washington, D.C. regarding transportation infrastructure issues including OCTA's "Breaking Down Barriers" effort • Attended the reopening of the Centennial Park playground, congratulated Dave Wilson, staff and Community Services Commission • Enjoyed Tustin Tiller Days which was attended by over 70,000; congratulated Sue Robishaw, Christine Zepeda and Cherrill Cady and staff; new puppy Connie attended • Reported that recall effort was unsuccessful with no signatures received and thanked all of his supporters ADJOURNED at 8:32 p.m. -The next regular meeting is scheduled for Tuesday, October 18, 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. ~~ PAMELA STOKER, City Clerk City Council/Redevelopment Agency/Tustin Housing Authority October 4, 2011 Minutes Page 8 of 8