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HomeMy WebLinkAbout01 MINUTES 12-06-11Agenda Item _~ Reviewed: - City Manager = _' '` ~ Finance Director N/A MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, REDEVELOPMENT AGENCY, AND TUSTIN HOUSING AUTHORITY DECEMBER 6, 2011 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER -Meeting #2278 at 5:34 p.m. ATTENDANCE Present: Mayor/Chair Jerry Amante, Mayor Pro TemlChair Pro Tem John Nielsen, and Councilmembers/Agencymembers Rebecca "Beckie" Gomez and AI Murray Absent: Councilmember Gavello City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: David E. Kendig, City Attorney 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. 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 Tracts Map 17404; a portion of APN's 430-27-31 and 33 and a City Council/Redevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 1 of 18 portion of APN 430-37-10 A enc : City of Tustin City Negotiators: Christine Shingleton, Assistant City 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 D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] -One Case • Property Address/Description: Parcel 2, 3, and 4 of Parcel Map 2010- 137 R._gency: City of Tustin CitylAgency Negotiators: Christine Shingleton, Assistant City Manager Negotiating Parties Olson Real Estate Group, Inc., dba R.D. Olson Development, represented by Robert D. Olson Under Negotiation: Price and Terms of Payment E. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt. Code § 54956.9(a)] -Four 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 • Mira Properties v City of Tustin, Orange County Superior Court Case No. 30-2011-00522643 • T-Mobile West Corporation v. City of Tustin, et al, United States District Court, Central District of California, Case No. SACV11-1854 JVS (RNBx) RECESSED AT 5:35 P.M. RECONVENED AT 7:04 P.M. JOINT CITY COUNCIL., REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY MEETING 7:00 P.M. CALL TO ORDER -Meeting #2278 at 7:04 p.m. City Council/Redevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 2 of 18 INVOCATION - Father AI Baca, St. Cecelia PLEDGE OF ALLEGIANCE -Councilmember Gomez ROLL CALL -City Clerk Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers/Commissioners Rebecca "Beckie" Gomez and AI Murray Absent: Councilmember Gavello City Clerk: .Pamela Stoker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT -City Attorney David E. Kendig -The City Council voted 4- 0 to initiate litigation. The action, defendants and other particulars will be announced once formally commenced and will be disclosed to any person upon inquiry. PRESENTATION • St. Cecelia School 50th Anniversary (Father AI Baca, Father Thomas De Nguyen, Mrs. Mary Alvarado, Jacquie Fiorentino) ORAL COMMUNICATION/PUBLIC INPUT • Sharon Komorons • Jenifer Murillo • Harold Katzman • Kay Kearney • Jerry Sheppard • Jeff R. Thompson PUBLIC HEARING ITEM 1 1. CODE AMENDMENT 2011-05 - ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS 12,000 SQUARE FEET THRESHOLD A presentation was given by Elizabeth Binsack, Director of Community Development The current Tustin City Code requires approval of a conditional use permit for on-site and off-site alcoholic beverages sales except for businesses with at least City Council/Redevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 3 of 18 15,000 square feet of gross floor area and where the alcoholic sales area is less than ten (10) percent of gross floor area; and defines "Convenience Store" as any establishment under fifteen thousand (15,000) square feet in size where food, beverage, magazine and auto related items, or combination thereof, are sold for off-site consumption. Walgreens, the applicant, proposes that off-site alcoholic sales establishments with at least 12,000 square feet where the alcoholic sales area is less than ten (10) percent of gross floor area should be exempt from the conditional use permit requirement and from the distance requirements to sensitive uses and that these establishments should not be classified as "Convenience Store." On October 11, 2011, the Planning Commission considered the item and recommended that the City Council deny Code Amendment 2011-05. The applicant requested this item be continued from the City Council's meeting of November 1, 2011, to provide them with adequate time to follow up on some of the issues raised at the Planning Commission hearing. No additional information has been submitted for Council consideration. Applicant: Walgreen Co. Property Owner: Steven M. Brown The public hearing opened at 7:46 p.m. • Brian Fish The public hearing closed at 7:59 p.m. Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Gomez that the City Council adopt Resolution No. 11-78 upholding the Planning Commission's recommendation and denying Code Amendment 2011-05. Motion carried 4-0 RESOLUTION NO. 11-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DENYING CODE AMENDMENT 2011-05, A REQUEST TO AMEND SECTIONS 9232a1.(a), 9271dd(1) AND 9297 TO ALLOW OFF-SITE SALES OF ALCOHOLIC BEVERAGES BUSINESSES WITH MORE THAN 12,000 SQUARE FEET AS OUTRIGHT PERMITTED USES IN THE RETAIL COMMERCIAL (C-1) ZONING DISTRICT, REQUIRE APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES WITH LESS THAN 12,000 SQUARE FEET GROSS FLOOR AREA AND WHERE THE ALCOHOLIC BEVERAGES SALES AREA IS MORE THAN TEN (10) PERCENT OF THE GROSS FLOOR AREA AND SUBJECT TO DISTANCE REQUIREMENTS TO SENSITIVE USES, City Council/Redevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 4 of 18 AND TO AMEND THE CONVENIENCE STORE DEFINITION BY LOWERING THE SIZE OF ESTABLISHMENTS TO 12,000 SQUARE FEET. CONSENT CALENDAR ITEMS 2-20 - It was moved by Councilmember/Agencymember/Commissioner Murray and seconded by Mayor Pro Tem/Chair Pro Tem/Vice Chairman Nielsen to pull consent item 5 and to approve the balance of the consent calendar items as recommended by staff. Motion carried 4-0 2. APPROVAL OF MINUTES -SPECIAL AND REGULAR MEETINGS OF JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON NOVEMBER 15, 2011 3 4 Recommendation: Approve the Action Minutes of the Special and Regular Meetings of the Joint City Council and Redevelopment Agency held on November 15, 2011. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin and Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $693,465.76 and $677,258.07 and Demands in the amount of $5,177,675.97. POLICE DEPARTMENT VEHICLE PURCHASES Eight Police Department vehicles require replacement. The department has determined the need to purchase three (3) 2012 Dodge Charger pursuit rated vehicles; one (1) 2012 Chevrolet Tahoe pursuit rated vehicle; three (3) 2012 Dodge Caravans and one (1) 2012 Dodge Durango. Additionally, there will be a need to award a contract for police equipment conversion work for newly purchased police units. Recommendation: That the City Council authorize: 1. The purchase of three (3) 2012 Dodge Charger police units from McPeek's Dodge in Anaheim, California, in the amount of $80,780.55 (including tax, license, fees and delivery). 2. The purchase of one (1) 2012 Chevrolet Tahoe police unit from Wondries in Alhambra, California, in the amount of $32,321.93 (including tax, City CouncillRedevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 5 of 18 license, fees and delivery). 3. The purchase of three (3) 2012 Dodge Caravans from McPeek"s Dodge in Anaheim, California, in the amount of $63,849.00 (including tax, license, fees and delivery). 4. The purchase of one (1) 2012 Dodge Durango from Tuttle-Click Chrysler Jeep Dodge in Tustin, California, in the amount of $25,311.68 (including tax, license, fees and delivery). 5. The purchase of five (5) police vehicle graphic kits from North Star Graphics in the amount of $1,685.63. 6. The purchase of seven (7) police equipment conversion packages from 10-8 Retrofit in Ontario, California in the amount of $37,221.95. 7. The Public Works Department will dispose of the retired surplus vehicles at the next available public auction and credit net proceeds to applicable City Revenue Fund. 5. ADOPT RESOLUTION NO. 11-79 TO APPROVE THE 2009 ORANGE COUNTY TRANSPORTATION AUTHORITY COMMUTER BIKEWAYS STRATEGIC PLAN In order for the City to be eligible for grant funding under the State Bicycle Transportation Account, the City must adopt a Citywide Bicycle Transportation Plan (BTP). The Orange County Transportation Authority (OCTA) has prepared the 2009 Commuter Bikeways Strategic Plan for the County of Orange which complies with State requirements for a BTP. In lieu of preparing a separate BTP, Tustin may adopt the OCTA plan, thereby making the City eligible for future State funding. Motion: It was moved by Councilmember Gomez and seconded by Councilmember Murray that the City Council adopt Resolution No. 11-79, approving the 2009 Orange County Transportation Authority Commuter Bikeways Strategic Plan to serve as the City of Tustin Bicycle Transportation Plan. Motion carried 4-0 RESOLUTION NO. 11-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE 2009 ORANGE COUNTY TRANSPORTATION AUTHORITY COMMUTER BIKEWAYS STRATEGIC PLAN 6. AUTHORIZE USE OF THE COUNTY OF ORANGE'S COOPERATIVE PURCHASING PROGRAM TO PURCHASE AND INSTALL WATER QUALITY DEVICES CIP 50036 Staff is requesting City Council authorization to use the County of Orange's City Council/Redevelopment Agencyl December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 6 of 18 Cooperative Purchasing Program to purchase and install water quality devices for the Citywide Catch Basin BMP's Project CIP 50036, pursuant to Tustin City Code Section 1624c. Recommendation: That the City Council adopt Resolution No. 11-84 authorizing the City of Tustin to use the County of Orange's Cooperative Purchasing Program, pursuant to Tustin City Code Section 1624c, to contract with United Storm Water, Inc. to purchase and install water quality devices at various locations throughout the City for the Citywide Installation of Catch Basin BMP's Project CIP 50036. RESOLUTION NO. 11-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE USE OF THE COUNTY OF ORANGE'S COOPERATIVE PURCHASING PROGRAM TO PURCHASE AND INSTALL WATER QUALITY DEVICES FOR THE CITYWIDE CATCH BASIN BMP'S PROJECT CIP 50036 7. ADOPT RESOLUTION 11-86 TO APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS TO REPLACE POLICE DEPARTMENT HVAC UNITS (CIP 10032) The plans and specifications to Replace HVAC Units at Police Department (CIP 10032} have been prepared and the project is ready to be bid. Recommendation: That the City Council: 1. Adopt Resolution No. 11-86 approving plans and specifications for the replacement of the Police Department HVAC Units (CIP 10032), and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 11-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS TO REPLACE HVAC UNITS AT POLICE DEPARTMENT (CIP 10032} 8. ADOPT RESOLUTION N0. 11-88 TO ACCEPT IMPROVEMENTS FOR THE PARK RE-CAMPING CIP NO. 20066 AND AUTHORIZE THE CITY ENGINEER TO FILE THE NOTICE OF COMPLETION Construction of the Park Re-Camping at Pine Tree, Peppertree and Frontier CIP No. 20066, has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: That the City Council: City CouncillRedevelopmentRgency! December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 7 of 18 1. Adopt Resolution No. 11-88 accepting the construction of the Park Re- Lamping at Pine Tree, Peppertree and Frontier CIP No. 20066; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 11-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR CONSTRUCTION OF PARK RE-CAMPING AT PINE TREE, PEPPERTREE AND FRONTIER CIP NO. 20066 9. ADOPT RESOLUTION NO. 11-89 TO APPROVE THE SUBMITTAL OF THE 2011 REGIONAL CAPACITY PROGRAM PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No. 11-89 will approve submittal of the City's project application for Renewed Measure M funds (Measure M2) under the Comprehensive Transportation Funding Program (CTFP), 2011 Call for Projects for the Regional Capacity Program. The Orange County Transportation Authority (OCTA) requires City Council approval as part of the application process. Recommendation: That the City Council adopt Resolution No. 11-89 approving the submittal of a project application to the Orange County Transportation Authority (OCTA) far funding under the Renewed Measure M Comprehensive Transportation Funding Program 2011 Call for Projects for the Regional Capacity Program. RESOLUTION NO. 11-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF AN IMPROVEMENT PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE RENEWED MEASURE M COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM, 2011 CALL FOR PROJECTS FOR THE REGIONAL CAPACITY PROGRAM 10. TUSTIN RANCH ROAD EXTENSION PROJECT -PHASE 1 ADDITIONAL CONSTRUCTION CONTINGENCY AUTHORIZATION AND PHASE 2 AUTHORIZATION TO BID With Phase 1 well underway, a number of unknown subsurface conditions have been discovered through the grading/excavation operation to date. As a result, staff is recommending an additional contingency authorization for Phase 1 of 15% due to the extensive nature and ongoing potential for new discovery as City CouncillRedevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 8 of 18 work proceeds. Although some claims will be processed and handled through the City's Pollution and Remediation Legal Liability Insurance Policy, other instances of non-contaminated debris/excessively wet material removal will not qualify. The statutory limit pursuant to Public Contract Code is 10% but for projects that are substantially complex and prone to higher environmentally challenging conditions, limits are often set higher to manage and mitigate the impact of such project related risks. Secondly, the plans and specifications for Tustin Ranch Road, Valencia Avenue, Park Avenue, and Legacy Road Phase 2 Roadway Improvements (CIP No. 70100, 70204, 70206, 70214, and 70215) are being finalized and expected to be ready to bid mid-December pending final approval of the proposed deep sewer installation in the LIFOC by the Department of the Navy and final plan set approval by the City Engineer. Recommendation: 1. It is recommended that the City Council and Redevelopment Agency authorize an additional 15% construction contingency from undesignated unappropriated 2010 MCAS Tustin Tax Allocation Bond Fund (561) proceeds for ongoing Phase 1 construction efforts and necessary change orders to complete the work for the Phase I Tustin Ranch Road grading and storm drain project (CIP No. 70100 and 70206). 2. It is recommended that the City Council adopt Resolution No. 11-87 approving the plans and specifications for the Tustin Ranch Road, Valencia Avenue, Park Avenue, and Legacy Road Phase 2 Roadway Improvements Construction Project (CIP No. 70100, 70204, 70206, 70214, and 70215), and authorize the City Clerk to advertise to receive bids, subject to final plan approval by the Department of Navy and the City Engineer, from the ten pre-qualified general contractors as approved by City Council on October 4, 2011. RESOLUTION NO. 11-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN RANCH ROAD, VALENCIA AVENUE, PARK AVENUE, AND LEGACY ROAD PHASE 2 ROADWAY IMPROVEMENTS CONSTRUCTION PROJECT (CIP NO. 70100, 70204, 70206, 70214 AND 70215), AND AUTHORIZING ADVERTISEMENT FOR BIDS 11. LIMITATIONS ON GIFTS TO COUNCIL MEMBERS At its meeting of October 4, 2011, the City Council requested that the topic of gifts and gratuities to Council members be agendized for Council discussion. The Council expressed concern , that Council members may be subject to different gift limits, gift disclosure requirements and travel reimbursement City Council/Redevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 9 of 18 requirements than are applicable to other professional City employees. If such a discrepancy in gift disclosure limitations existed, Council directed the City Attorney to return with a possible ordinance for Council's consideration, which would impose the same limitations on gifts to Council members that apply to other City employees. This agenda report includes a discussion of existing State and City-imposed limitations on gifts and travel to Council members and the City's other designated employees. Recommendation: Receive and file. 12. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 160 PACIFIC STREET The Mills Act is State legislation that provides for reduced property taxes on an eligible historic property if the property owner agrees to maintain and preserve the property for a minimum of ten years. On June 16, 1997, the City Council authorized the implementation of a Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft historic property preservation agreement for the property located at 160 Pacific Street. This is the fifteenth historic property preservation agreement to be considered by the Council. The agreement contains standard language that is required by State law and customized terms, standards, and conditions for the property. Because the property is in very good condition, the improvements required over the minimum 10-year contract term are minor. Owners: Gerald W. and Martha A. Montgomery Recommendation: That the City Council adopt Resolution No. 11-90 authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with Gerald W. and Martha A. Montgomery, the owners of the property located at 160 Pacific Street. RESOLUTION NO. 11-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR AUTHORIZED DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT 1 WITH THE OWNERS OF THE PROPERTY LOCATED AT 160 PACIFIC STREET, TUSTIN, CALIFORNIA. 13. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION. AGREEMENT FOR 138 N. B STREET City Council/Redevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 10 of 18 The Mills Act is State legislation that provides for reduced property taxes on an eligible historic properly if the property owner agrees to maintain and preserve the property for a minimum of ten years. On June 16, 1997, the City Council authorized the implementation of a Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft historic property preservation agreement for the property located at 138 N. B Street. This is the sixteenth historic property preservation agreement to be considered by the Council. The agreement contains standard language that is required by State law and customized terms, standards, and conditions for the property. Because the property is in very good condition, the improvements required over the minimum 10-year contract term are relatively minor. Owners: Kevin and Sarah McGee Recommendation: That the City Council adopt Resolution No. 11-91 authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with Kevin and Sarah McGee, the owners of the property located at 138 N. B Street. RESOLUTION NO. 11-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR AUTHORIZED DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT 1 WITH THE OWNERS OF THE PROPERTY LOCATED AT 138 N. B STREET, TUSTIN, CALIFORNIA. 14. SECOND AMENDMENT TO THE TUSTIN AUTO CENTER MERCHANTS ASSOCIATION LEASE Approval is requested to enter into a Second Amendment to the Lease ("Second Amendment") with the Tustin Auto Center Merchants Association ("Association"), extending an existing lease between the City and Tustin Auto Merchants Association for City awned real property adjacent to the Tustin Auto Center. Recommendation: That the City Council approve the Second Amendment to the Lease with the Association, extending their existing Lease with the City for real property adjacent to the Tustin Auto Center, and authorize the Assistant City Manager/Assistant Executive Director to execute the document. 15. CAPITAL PROJECTS FUND BUDGET APPROPRIATION FOR VARIOUS REQUIRED TUSTIN LEGACY EXPENDITURES. There are several required expenditures necessary to support the Tustin City Council/Redevelopment Agency) December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 11 of 18 Legacy project originally identified in the Tustin Legacy Disposition Strategy, including purchase of an environmental insurance policy and support for any required insurance deductibles on claim, any required reimbursements to the Department of Toxic Substance Control (DTSC) for coordination on environmental claims, preparation of Covenants, Conditions & Restrictions (CC&R's) for the Tustin Legacy project area and various planning studies, including reexamination of water design features (lakes, fountains, etc.) in the linear park areas costing approximately $1,000,000 for the MCAS Tustin Redevelopment Project Area. Due to the constraints placed on the Redevelopment Agency through AB 1X 26 and AB 1X 27, Staff is recommending that the resources to fund the approximate $1,000,000 will be from the Capital Projects Fund undesignated fund balance. Recommendation: It is recommended that the City Council approve: 1. A budget appropriation in the amount of $1,000,000 out of the Capital Projects Fund undesignated fund balance to be expensed out of the Tustin Legacy Expenditure Account (200-40-00-7500) to fund the purchase of the environmental insurance any required environmental insurance deductible payments required for remediation claims, any required reimbursements to the DTSC for coordination on environmental claims, the preparation of CC&R's for a portion of the Tustin Legacy Project, and certain planning studies needed as identified in the Tustin Legacy Disposition Strategy, including but not limited to the reexamination of water elements. 2. The MCAS Tustin Redevelopment Project Area will repay the Capital Projects Fund the $1,000,000 with tax increment dollars if the current restraints are removed from the Tustin Community Redevelopment Agency on AB 1X 26 and AB 1X 27 after the California Supreme Court decision or from any future land sale proceeds that are not committed under other Agreements for developer reimbursements or Tustin Legacy Backbone Infrastructure obligations. 16. ENVIRONMENTAL INSURANCE - TUSTIN LEGACY PROJECT City Council authorization is required to secure environmental insurance coverage far certain property at the former MCAS Tustin. Recommendation: It is recommended that the City Council authorize staff to bind environmental insurance coverage from Catlin for portions of Tustin Legacy property, subject to special legal counsel approval of all policy script and endorsements. 17. 2010-2011 ANNUAL REPORT Redevelopment Law requires that the Redevelopment Agency submit to the City CouncillRedevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 12 of 18 legislative body an annual report for the preceding fiscal year. Recommendation: 1. It is recommended the Redevelopment Agency receive and file its Annual Report for Fiscal Year ("FY") 2010-2011 and transmit such report to the Tustin City Council. 2. It is recommended that the City Council take the following actions: a. Receive and file the Redevelopment Agency's Annual Report for FY 2010-2011. b. Direct that a copy of the Redevelopment Agency's Annual Report for FY 2010-2011 and all other required reporting documents and forms be executed in final form and filed with the City of Tustin, the State Controller and State Department of Housing and Community Development. 18. FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT 2011-01 (TUSTIN GATEWAY PROJECT) Approval is requested of a First Amendment Agreement to Disposition and Development Agreement (DDA 2011-01) for the Tustin Gateway Project between the City of Tustin and Olson Real Estate Group, Inc. dba R.D. Olson Development ("Developer") for the sale and development of certain property within the Pacific Center East Specific Plan Area. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No.11-92 finding that the First Amendment to DDA 2011-01 is within the scope of the previously approved Final Environmental Impact Report (EIR) 90-01 for the Pacific Center East Specific Plan certified on December 17, 1990 and Supplemental #1 to Final EIR 90-01 certified on May 5, 2001 (collectively, the Pacific Center East Environmental Documents), and no additional analysis or documentation is required under CEQA. 2. Approve and authorize the City Manager, or Assistant City ManagerlAssistant Executive Director, to execute the First Amendment to DDA 2011-01, subject to non-substantial modifications as may be determined necessary and recommended by the City's Special Counsel prior to execution, and to carry out all actions necessary to implement the amendment including execution of all related documents and instruments. RESOLUTION NO. 11-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT 2011-01 (TUSTIN GATEWAY City CounciURedevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 13 of 18 PROJECT) ALSO REFERRED TO AS "DDA 2011-01" BETWEEN THE CITY OF TUSTIN ("CITY") AND R.D. OLSON REAL ESTATE GROUP, INC. ("DEVELOPER") 19. TUSTIN HOUSING AUTHORITY 2010-2011 ANNUAL MEETING The annual meeting for the Tustin Housing Authority. Recommendation: It is recommended the Tustin Housing Authority Commissioners open and close their Annual Meeting. There are no agenda items for the FY 2010-2011 Meeting. 20. DECLARATION OF SURPLUS PROPERTY The City has accumulated a quantity of obsolete and/or damaged computer and other equipment. The listed equipment is no longer usable or required for public use. Recommendation: 1. Declare the listed equipment surplus and not required for public use. 2. Authorize staff to selUhave auctioned serviceable equipment of value and dispose of assets beyond repair. REGULAR BUSINESS ITEMS 21-25 21. WIRELESS COMMUNICATIONS MASTER PLAN Staff has been asked to agendize for City Council discussion the City's Wireless Master Plan and its current status. Motion: It was moved by Councilmember Murray and seconded by Councilmember Gomez to continue the item indefinitely. Motion carried 4-0 22. ORDINANCE NO. 1409, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 3141 AND ADDING SECTION 3526 OF THE TUSTIN CITY CODE REGARDING SECONDHAND DEALER PERMITS Ordinance No. 1409 would: 1. Amend Part 2 of Chapter 5 of Article 3 of the Tustin City Code to provide City officials discretion to grant whole or partial waivers of the City Council/Redevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 14 of 18 requirement that names, addresses, and fingerprints of all employees of a licensed secondhand dealer be provided in conjunction with a secondhand dealer permit if certain specified conditions are met. 2. Amend the definition of "Director" in Article 3 of the Tustin City Code to refer to the Director of the Finance Department, rather than the Community Development Department. Motion: It was moved Councilmember Gomez reading of Ordinance No next scheduled meeting. Motion carried 4-0 by Mayor Pro Tem Nielsen and seconded by that the City Council introduce and have the first .1409; and, set the second reading at the Council's ORDINANCE NO. 1409 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTION 3526 RELATING TO A CONDITIONAL EXEMPTION TO THE REQUIREMENT TO PROVIDE CERTAIN EMPLOYEE INFORMATION IN CONJUNCTION WITH A SECONDHAND DEALER PERMIT. 23 2011 FIRE HAZARD SEVERITY ZONE MAPS On October 25, 2011, the California Department of Forestry and Fire Protection (Cal Fire) forwarded a map depicting its recommendations for a Very High Fire Hazard Severity Zone in the City of Tustin. State law requires Cal Fire to make such recommendations and describes local agency responsibilities upon receipt of this information. Properties located within these zones are subject to numerous State Building Code and real estate disclosure requirements. For these recommendations to be applicable, the map must be adopted as part of an ordinance by the Tustin City Council. On November 3, 2011, Cal Fire and the Orange County Fire Authority (OCFA) jointly forwarded a map depicting their recommendations for High and Moderate Fire Hazard Severity Zones in the City of Tustin. Cal Fire and OCFA have requested that the City of Tustin consider use of the information for public awareness and education, and to improve public safety through possible modifications to adopted building standards. Properties located within these zones may be subject to numerous State Building Code and real estate disclosure requirements. Unlike the Very High Fire Hazard Severity Zone (FHSZ) map mentioned above, there is no statutory requirement for the City of Tustin to take action on this recommendation. • Brett Petroff Motion: It was moved by Mayor Pro Tem Nielsen and seconded by City CouncillRedevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 15 of 18 Councilmember Murray that the Tustin City Council: 1. Direct the City Manager to forward correspondence to Cal Fire (Attachment 1) that the requirement to adopt the Very High FHSZ map is an unfunded state mandate and that the matter will only be considered by the Tustin City Council following State provision of funds to reimburse the Gity of Tustin for the costs associated with increased levels of service associated with the program. 2. Receive and file CAL FIRE and OCFA's recommendations for Nigh and Moderate Fire Hazard Severity Zones in the City of Tustin. Motion carried 4-0 24. LEGISLATIVE REPORT None. 25. MAYOR AND MAYOR PRO TEM SELECTIONICHAIR AND CHAIR PRO TEM SELECTION The City CouncillRedevelopment Agency selects those members of the Council/Redevelopment Agency who will serve as Mayor and Mayor Pro Tem, and Chair and Chair Pro Tem. Motion: Mayor Amante, seconded by Councilmember Murray, moved to select Mayor Pro Tem Nielsen as Mayor of the City Council for the 2012 year. Motion carried 4-0 Motion: Mayor Nielsen, seconded by Councilmember Amante, moved to select Councilmember Murray as Mayor Pro Tem of the City Council for the 2012 year. Motion carried 4-0 OTHER BUSINESSICOMMITTEE REPORTS Councilmember Gomez • Attended Mayor's Thanksgiving breakfast; thanked Foundation for grants; was pleased that Tustin High baseball received a grant for its scoreboard • Attended the Ribbon Cutting at the new OfficeMax • Attended the Enderle Center holiday gathering • Attended Tustin High School Model United Nations opening ceremonies • Attended Encore Dinner Theatre & Club Ribbon Cutting; announced grand opening this weekend • Met with Chancellor and administrators at ATEP campus at Legacy City Council/Redevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 16 of 18 • Attended Tustin Foothill CIF playoff game; Tustin won a victory in final minutes and will be heading to CIF finals on Saturday; Beckman also won its playoff games and will be going to CIP finals on Friday; wished good luck to both schools • Attended Pageant of Trees fundraiser in South Gate where her Uncle Henry Gonzalez, along-time councilmember, was honored for service to youth • Shared a great article about the Tustin Library in READOC.org newsletter; organization promotes literacy for adults • Was pleased to see publicity chair for Tustin Tiny Tots at this meeting; encouraged all to attend the event • Thanked staff for expertise and efforts over the year in her transition as councilmember and for all they do for the city • Wished all a great holiday season councilmember Amante • Thanked the Tustin Community Foundation for kicking off the holiday season and for all they do and thanked former Mayor Puckett for leading the organization • Congratulated the new Mayor and Mayor Pro Tem • Congratulated Tustin High School and Beckman; congratulated Tustin Cobras, a Pop Warner team playing for championship • Wished all a Happy Hanukah and Merry Christmas Mayor Pro Tem Murray • Stated that 50-0 is a great score (referring to the USC/UCLA game) • Attended the first meeting of the Chili Cookoff and Street Fair; Donna Peery is chair and doing a great job • Attended the OCTA's Citizens Advisory Committee meeting • Attended OC Vector Control District Trustee Board meeting • Met with the Christian Men's Business Group of which AI Enderle is an integral member • Attended the Mayor's Thanksgiving breakfast; thanks to Erin Nielsen for the great job of the Tustin Community Foundation • Met at the ATEP campus and discussed future development plans with the Chancellor and staff • Attended Tustin Area meeting where Senator Mimi Walters gave an update on the state budget and redistricting situation • Attended a Tustin Historical Museum meeting at the Tustin Senior Center where former Mayor Don Saltarelli gave a historical perspective of the Tustin Ranch area development; talked to former Mayor Tony Coco who was instrumental in the growth of the community • With his family served Thanksgiving meals at the Orange County Rescue Mission • Attended ACCOC legislative committee meeting • With his family rode in the Santa Sleigh Friday evening; thanked Tustin PD for the great jab they do • Announced that the Turkey Bowl event organized by Tustin PD raised over $4,000 to 150 needy families in Tustin City Council/Redevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 17 of 18 • Attended ACCOC 100% connectivity symposium regarding wireless networks throughout the county • Attended the Tustin Police Awards and Christmas Dinner; thanked the Police Department • Congratulated Beckman and Tustin High Schools for victories • Looks forward to the Christmas lighting ceremony Friday, December 9, at 6:00 p.m. • Thanked Mayor Amante and stated the City of Tustin is a better place because of him • Congratulated Mayor Nielsen • Thanked the citizens of Tustin for support • Wished Happy Holidays to the community • Thanked staff for assistance Mayor Nielsen • Attended the Orange County Sanitation District Steering Committee meeting where its 5-year strategic plan was approved and attended the Board of Directors meeting • Attended the Orange County Fire Authority Board of Directors meeting • Attended Encore Dinner Theater & Club Ribbon Cutting • Attended the Tustin High School and Foothill playoff game; congratulated Tustin and Beckman High Schools for their victories and Foothill High School for a great season • Congratulated Mayor Pro Tem Murray • Thanked family and friends for support • Thanked previous mayors attending and those serving on city councils previously • Thanked Mayor Amante for dedicated service to the city; has shown great leadership; had many accomplishments during term; Tustin is one of the safest cities in Orange County, is in great fiscal shape, and the Legacy is back on track because of his leadership • Thanked staff for their hard work • Thanked Bill Huston for being Interim City Manager and invaluable assistance • Looks forward to new year as mayor in new opportunities, working with colleagues and staff, residents and continuing with many projects A reception was held immediately following the City Council meeting ADJOURNED at 8:55 p.m. -The next regular meeting is scheduled for Tuesday, January 3, 2012 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 RICHARD DIXON City Council/Redevelopment Agency/ December 6, 2011 Tustin Housing Authority Regular Meeting Minutes Page 18 of 18