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HomeMy WebLinkAboutCC MINUTES 2011-10-18MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL REDEVELOPMENT AGENCY OCTOBER 18, 2011 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER -Meeting #2274 at 5:31 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: Erica Rabe, City Clerk Services Specialist Others Present: 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: 2472 Walnut Avenue APN: 432-491-34, Crossroad Church A enc : City of Tustin City/Agencv Negotiators: Christine Shingleton, Assistant City Manager; David E. Kendig, City Attorney Negotiating Parties Crossroad Church, represented by Josh Beneda, Trustee Under Negotiation: Price and terms of payment D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] Property Address/Description: 2345 Barranca Pkwy, APN: 434-021-22, Army Reserve Center Agencv: City of Tustin City CounciURedevelopment Agency October 18, 2011 Minutes Page 1 of 12 City/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/Description: 1180 N. Miller Street, Anaheim Agency: City of Tustin City/Agency Negotiators: Christine Shingleton, Assistant City Manager, and David E. Kendig, City Attorney Negotiatinq 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/Description: 4 Liberty, Aliso Viejo. CA Agency: City of Tustin City/Agency Negotiators: Christine Shingleton, Assistant City Manager, and David E. Kendig, City Attorney Negotiatinq 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 REAL PROPERTY NEGOTIATORS (Government Code 54956.8) Property Address/Description: Lots 1,2,3,4,5,6,7,8,9,10,11, II, D, Final Map 17144; Lots 32, 34, Tentative Tract Map 17404; a portion APN's 430-27-31 and 33 and a portion of APN 430-37-10 Agency: City of Tustin City Negotiators: Christine Shingleton, Assistant City City Council and Redevelopment Agency October 18, 2011 Minutes Page 2 of 12 Manager and Amy Freilich, Special Counsel Negotiating Parties: Broadcom Corporation, represented by Rick Kaplan, Mark Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. Under Negotiation: Price and Terms of Payment H. 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 I. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b) -City Manager RECESSED at 5:31 p.m. RECONVENED at 7:02 p.m. JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. CALL TO ORDER -Meeting #2274 at 7:02 p.m. INVOCATION - Father Baca, St. Cecilia PLEDGE OF ALLEGIANCE - Councilmember Gavello ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney David E. Kendig: No reportable action. PRESENTATIONS Scouting for Food -Mayor Pro Tem Nielsen presented a proclamation to Marc Senesac. Invited all to bring food to Albertsons on Saturday, October 29th from 9:00 a.m. to 3:00 p.m. Emergency Management Plan -Presentation by Captain Charlie Celano and Lieutenant Tom Tarpley. Announced the City of Tustin will participate in Great City Council and Redevelopment Agency October 18, 2011 Minutes Page 3 of 12 Shake Out on October 20th at 10:00 a.m. ORAL COMMUNICATIONIPUBLIC INPUT - • Don Wagner, Assemblyman 20th District • Lori Browne, Tustin Community Foundation • Dorothy Sheldon • Cindy Hoffman • Maureen Homan • Angela Jabour PUBLIC HEARING ITEM 1 1. LAMBRA HIRING TAX CREDIT PROCESSING FEE City Council approval is requested fora processing fee for businesses processing Local Agency Military Recovery Area (LAMBRA) Zone Hiring Tax Credit applications to recover the costs associated with staff time and State of California Department of Housing and Community Development pass-through fees. The public hearing opened at 8:07 p.m. The public hearing closed at 8:07 p.m. Assistant City Manager, Christine Shingleton, identified a correction to Resolution No. 11-73. In Item 1.C., the additional fee should read $50, instead of $30. Motion: It was moved by Councilmember Murray and seconded by Mayor Pro Tem Nielsen to correct the additional fee amount in Resolution No. 11-73 and take the following actions: 1. That the Tustin City Council open and, after public testimony, close the public hearing; and 2. Adopt Resolution No.11-73: A resolution of the City Council of the City of Tustin adopting the LAMBRA Hiring Tax Credit Voucher Application Processing Fee RESOLUTION NO. 11-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING THE LAMBRA HIRING TAX CREDIT VOUCHER APPLICATION PROCESSING FEE AND INCORPORATING THE FEE INTO RESOLUTION NO. 08-60, THE COMPREHENSIVE SCHEDULE OF FEES Motion carried: 4-1 Councilmember Gavello dissenting City Council and Redevelopment Agency October 18, 2011 Minutes Page 4 of 12 PUBLIC HEARING ITEM 2 2. CONTINUED APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING DESIGN REVIEW 09-033 Design Review 09-033 is a request to install and operate a wireless telecommunications facility consisting of: two (2) flagpoles with a height of forty (40) feet; one (1) flagpole with a height of forty-three (43) feet; and, underground equipment located within the landscaped circle in the parking lot of Cedar Grove Park. On April 26, 2011, the City of Tustin Planning Commission adopted Resolution No. 4163 approving Design Review 09-033. On May 6, 2011, an appeal of Design Review 09-033 was filed by the City's Mayor Pro Tem due to concerns regarding the aesthetics and compatibility of the design of the facility and the parameters of the installation. The appeal hearing is de novo. On July 19, 2011, the Tustin City Council held a public hearing on the appeal of Design Review 09-033. The City Council requested additional information on the project and continued the appeal hearing to a date certain of October 18, 2011. PowerPoint presentation by Elizabeth Binsack, Director of Community Development The public hearing opened at 8:26 p.m. Public Input: • Paul Gerst, T-Mobile • Brandon Key • Sharon Komorons • Tony Ingegneri, ATS Communications • Paul Gerst, T-Mobile Recessed at 9:00 p.m. Reconvened at 9:09 p.m. Public Input: • Lisa Brown • Nancy Kuwada • John Knowles • Nancy Smith The public hearing closed at 9:18 p.m. Motion: It was moved by Councilmember Gavello and seconded by Councilmember Gomez to direct staff to return with findings for denial. City Council and Redevelopment Agency October 18, 2011 Minutes Page 5 of 12 Council directed staff to agendize for discussion wireless communication; specifically relating to the City's relationship with ATS Communications and the provision of service to our citizens. RESOLUTION NO. 11-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 09-033 AUTHORIZING THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMMUNICATIONS FACILITY CONSISTING OF: TWO (2) FLAGPOLES WITH A HEIGHT OF FORTY (40) FEET; ONE (1) FLAGPOLE WITH A HEIGHT OF FORTY-THREE (43) FEET; AND, UNDERGROUND EQUIPMENT LOCATED WITHIN A LANDSCAPED CIRCLE IN THE PARKING LOT OF CEDAR GROVE PARK LOCATED AT 11385 PIONEER ROAD. Motion carried: 3-2 Mayor Amante and Councilmember Murray dissenting CONSENT CALENDAR ITEMS 3-8 It was moved by Councilmember/Agencymember Gavello and seconded by Councilmember/Agencymember Murray to pull consent items 5 and 9 and to approve the balance of the consent calendar items as recommended by staff. Motion carried: 5-0 3. APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL, AND REDEVELOPMENT AGENCY HELD ON OCTOBER 4, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on October 4, 2011 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Payroll in the amount of $721,867.70 and Demands in the amount of $2,672,388.16. 5. AWARD CONTRACT FOR THE CITY YARD MECHANIC SHOP ROOF REPLACEMENT CIP NO. 10032 Staff is requesting that the City Council award the construction contract for the City Yard Mechanic Shop Roof Replacement CIP No. 10032 to the lowest responsive/responsible bidder. Motion: It was moved by Councilmember Gavello and seconded by Councilmember Gomez that the City Council deny the bid protest submitted and award the construction contract for the City Yard Mechanic Shop Roof Replacement CIP No. 10032 to the lowest responsive/responsible bidder, Western States Roofing and authorize the Mayor and City Clerk to execute the City Council and Redevelopment Agency October 18, 2011 Minutes Page 6 of 12 contract documents on behalf of the City. Motion carried: 5-0 6. APPROVE HOMEOWNER AGREEMENT AND MEMORANDUM FOR CERTAIN PROPERTY 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 2361 Ana Tree Place (Receptor 8). Recommendation: That the City Council and Tustin Community Redevelopment Agency: Approve the attached documents for 2361 Ana Tree Place (Receptor 8) including the Project Implementation Agreement and Memorandum of Project Implementation Agreement, 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 $2,000 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). 7. NOTICE OF DEFAULT -AFFORDABLE UNIT AT 103 LIBERTY STREET City Council direction is requested in order to cure a homeowner default under the City's Affordable Housing Program at the Tustin Field I development. Recommendation: That the City Council: At its pleasure, authorize the City Attorney to pursue the City's exercise of its right of redemption and/or option to purchase the moderate-income unit at 103 Liberty Street, prior to expiration of the statutory default period (December 5, 2011) or any foreclosure sale of the subject property (on or about December 25, 2011), and also authorize the Assistant City City Council and Redevelopment Agency October 18, 2011 Minutes Page 7 of 12 Manager to execute any required documents, as may be necessary to implement such action as recommended by the City Attorney. 2. Authorize any necessary draw-down from the Affordable Housing Default Revolving Fund to exercise the amount of any Option Purchase Price required under the Affordable Housing Covenant, Affordable Housing Option Agreement, or any necessary lower amount to exercise the City's right of redemption under the Reimbursement Agreement for the unit at 103 Liberty Street based on the City Council's direction and the homeowner's response to the lender's Notice of Default and Election to Sell under the Deed of Trust. 8. APPROVE AMENDMENT NO. 3 TO CONSULTANT SERVICES AGREEMENT TO COMPLETE MASTER PLAN OF THE TUSTIN LEGACY COMMUNITY PARK Approval of Amendment of No. 3 to the Consultant Services Agreement will authorize additional geotechnical design services for completion of the Master Plan of the Tustin Legacy Community Park as result of additional requirements from the Department of the Navy and Department of Toxic Substances Control placed on the project subsequent to approval of Amendment No. 2. (CIP NO. 20043) Recommendation: That the City Council approve Amendment No. 3 to the Consultant Services Agreement (CSA) with Moore lacofano Goltsman, Inc. ("MIG") for the provision of additional geotechnical design services for the Master Pan of the Tustin Legacy Community Park, subject to any non- substantive modifications as may be determined necessary by the City Attorney and authorize the City Manager and/or Assistant City Manager to execute the document on behalf of the City. 9. AWARD OF BID FOR THE MCFADDEN PASADENA PARKETTE IMPROVEMENTS (CIP NO. 20069) The bid opening for the McFadden Pasadena Parkette Improvements (CIP No. 20069) was held on September 16, 2011. The concept for this project originated out of the City's Neighborhood Improvement Task Force (NITF) as a way to make this facility more safe and attractive for neighborhood residents and to provide a play element that will give the children an opportunity to be outside and active. Motion: It was moved by Councilmember Gavello and seconded by Councilmember Gomez to award the contract to Fleming Environmental of Fullerton, California in the amount of $80,478.00 subject to the approval of contract requirements by the City Attorney and final execution. Motion carried: 5-0 REGULAR BUSINESS ITEMS 10-14 City Council and Redevelopment Agency October 18, 2011 Minutes Page 8 of 12 10. AMENDING THE CITY'S CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) TO PROVIDE A SECOND TIER RETIREMENT PLAN FOR NEW EMPLOYEES The City has negotiated agreements with all of its bargaining units to provide a second tier retirement plan for new employees enrolled in a California Public Employees' Retirement System (CaIPERS) retirement plan (2% @ 60 for Miscellaneous and 2% @ 50 for Safety). Adoption of the attached Resolution of Intention and introduction of the attached Ordinance are the first steps in the contract amendment process specified by CaIPERS. Motion: It was moved by Councilmember Gavello and seconded by Councilmember Murray that the City Council take the following actions to initiate the CaIPERS contract amendment process: 1. Adopt Resolution No. 11-75, a Resolution of Intention to amend the contract between the City of Tustin and the Board of Administration of CaIPERS; and 2. Introduce by title only and waive reading of Ordinance No. 1408 authorizing said amendment. RESOLUTION NO. 11-75 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF TUSTIN ORDINANCE NO. 1408 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF TUSTIN AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Motion carried: 5-0 11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1406, SPECIFIC PLAN AMENDMENT 11-003 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 City Council and Redevelopment Agency October 18, 2011 Minutes Page 9 of 12 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. Motion: It was moved by Councilmember Gomez and seconded by Mayor Pro Tem Nielsen to have second reading by title only and adoption of Ordinance No. 1406 (roll call vote). 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: 5-0 12. LEGISLATIVE REPORT None 13. CITY MANAGER RECRUITMENT Mayor Pro Tem Nielsen reported that the Council interviewed candidates and will continue the process in the next few days at an undisclosed location. 14. BALLOT MEASURE PROPOSAL RE ELIMINATION OF COUNCIL MEMBER COMPENSATION The Tustin City Code presently provides that certain types of compensation, including salary and some benefits, are provided to City Council members. At its meeting of October 4, 2011, the Council directed the City Attorney to return with a possible ballot measure for the Council's consideration which, if approved by the voters, would eliminate all forms of City Council compensation to the extent permitted by State law. This agenda report includes a discussion of the procedure to place a ballot measure before the voters to repeal City Council compensation, and a discussion of existing State law limitations regarding changes in Council compensation. In addition, a sample resolution and ordinance placing on the ballot the specific question of repeal of such compensation is attached to this report for Council consideration. Motion: It was moved by Mayor Amante and seconded by Mayor Pro Tem Nielsen to adopt Resolution No. 11-76 and to direct staff to prepare the proposed ballot measure. RESOLUTION NO. 11-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA: (1) ORDERING THAT A BALLOT MEASURE BE PLACED City Council and Redevelopment Agency October 18, 2011 Minutes Page 10 of 12 ON THE NOVEMBER 6, 2012 GENERAL ELECTION BALLOT FOR THE PURPOSE OF SUBMITTING A PROPOSED ORDINANCE TO THE ELECTORATE ELIMINATING CITY COUNCIL COMPENSATION, (2) CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, (3) REQUESTING THE COUNTY OF ORANGE BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION, (4) AUTHORIZING THE COUNTY OF ORANGE ELECTION DEPARTMENT TO CANVASS THE ELECTION RETURNS, AND (5) PROVIDING FOR EXPENSES OF THE ELECTION. Motion carried: 3-2 Councilmember Gavello and Councilmember Gomez dissenting OTHER BUSINESS/COMMITTEE REPORTS Councilmember Gavello • Informed residents who are concerned with Smart Meters that they may be placed on a delay list by calling SoCal Edison: English - 800.810.2369 Spanish 800.477.4455; Requested to have Smart Meters agendized for the next meeting • Attended a SoCal Edison trip to tour the hydroelectric plant Councilmember Murray • Participated in the Nelson Elementary Walk to School Day; commended Nelson Elementary, Police Department and Kiwanis Club • Attended the Tustin Chamber monthly breakfast at the Tustin Ranch Golf Course • Attended Association of California Cities' training for best practices on public policy database • Attended a celebration at Tustin Acura; Voted Best Dealer in Orange County • Commented that we are moving forward with City Manager recruitment • Informed that the City will participate in Alert OC on October 20; residents may sign up to participate on www.alertoc.com or www.tustinca.orQ • Announced celebration of Tustin Metrolink parking structure on October 25 at 4:30 p.m., complimented Mayor Amante Councilmember Gomez Attended American Association of University Women meeting, professors from California State University, Fullerton provided a historic perspective on women's right to vote Attended Orange County Public Library meeting on October 6; will evaluate staff and hours based on usage Toured the parking structure; noted potential issues: no trash cans and unmarked fire extinguishers Mayor Pro Tem Nielsen • Attended the Orange County Sanitation District Operations Committee meeting; approved two service agreements to rebuild the operations center entrance and to provide engineering design services for plant water system rehabilitation for Plant City Council and Redevelopment Agency October 18, 2011 Minutes Page 11 of 12 No. 2 • Congratulated Orange County Sanitation District Director, Jim Ruth, who was awarded General Manager of the Year by California Special District Association • Participated in Walk to School Day Mayor Amante • Thanked Lis Fortner, Erin Nielsen, Chuck Puckett and the Tustin Community Foundation for Interfaith Breakfast at the Tustin Ranch Golf Club on October 18; encouraged all to attend next year's event • Met with Congressman Bill Shuster of Pennsylvania who is the Chair of the Rail sub-committee of the Transportation and Infrastructure Committee on October 18; discussed surface reauthorization bill, rail funding and jobs • Toured City Hall with Cub Scout Troop No. 656 • Reminded all to attend Halloween Howl at CT Gym on October 31 ADJOURNMENT 10:32 p.m. -The next regular meeting is scheduled for Tuesday, November 1, 2011 at 5:30 p.m. 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 ANN HATCH PAMELA STOKER, City Clerk City Council and Redevelopment Agency October 18, 2011 Minutes Page 12 of 12