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Home My WebLink About00 CC/SA/THA AGENDA 09-18-12CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY -- REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY Al Murray, Mayor Pro Tern Jerry Amante, Councilmember John Nielsen, Mayor Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember SEPTEMBER 18, 2012 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2297 ATTENDANCE Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer 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: 1. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] — Two Cases 3. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 a. Consideration of Claim of Slacenka Vezich, Claim No. 12 -22 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — Five cases a. SEMA Construction, Inc. v. City of Tustin, OCSC Case No. 00101147 b. City of Tustin v. Leonard J. Nettles, Case No. 30- 2012 - 00563746 -CU- OR-CJC, Orange County Superior Court c. City of Tustin v. Keybank, N.A., Case #30- 2011 - 00529736- CU -FR- CXC d. Mira Properties v. City of Tustin, Orange County Superior Court Case NOTE: As required by Senate Bill 343, any non - confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. No. 30- 2011- 00522643 e. City of Tustin v. Tustin Unified School District et al., Case No. 30 -2011- 501073; Orange County Superior Court 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — One case Property Lots 1,2,3,4,5,6,7,8,9, 10,11, 11, D, Final Map Address /Description 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 Jeffrey C. Parker, City Manager, and John Buchanan, Program Manager 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 JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2297 INVOCATION — Mayor Pro Tern Murray PLEDGE OF ALLEGIANCE — Councilmember Amante ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS 1. Proclamation for service on Planning Commission — Charles E. "Chuck" Puckett 2. Government Finance Officers Association (GFOA) Achievement for Excellence City Council /Successor Agency/ September 18, 2012 Housing Authority Regular Meeting Agenda Page 2 of 7 in Financial Reporting award ORAL COMMUNICATION /PUBLIC INPUT — At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 1 through 5) 1. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL /SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY /TUSTIN HOUSING AUTHORITY HELD ON SEPTEMBER 4, 2012. Recommendation: That the City Council approve the Action Minutes of the Joint Regular Meeting of the City Council /Successor Agency to the Tustin Community Redevelopment Agency /Tustin Housing Authority held on September 4, 2012. 2. 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 Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $677,791.43 and $11,286.03; and Demands in the amount of $1,229,931.64. 3. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF SUSAN NUNLEY Recommendation: Adopt Resolution No. 12 -80 finding that Police Officer Susan Nunley is industrially disabled from performing the duties of her position. RESOLUTION NO. 12 -80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FINDING THAT SUSAN NUNLEY, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HER DUTIES AS A City Council /Successor Agency/ September 18, 2012 Housing Authority Regular Meeting Agenda Page 3 of 7 0 POLICE OFFICER. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT Pursuant to the Tustin Housing Authority Bylaws and State of California Housing Authorities Law of the California Health and Safety Code, the Tustin Housing Authority is holding an annual meeting and receiving and filing the annual report for the preceding fiscal year. Recommendation: That the Tustin Housing Authority ( "Housing Authority ") Commissioners take the following actions: 1. Open their Annual Meeting and receive and file the Annual Report for Fiscal Year ( "FY ") 2011 -2012 and transmit such report to the Tustin City Council. 2. Close their Annual Meeting That the City Council take the following actions: 1. Receive and file the Housing Authority's Annual Report for FY 2011- 2012. 2. Direct that a copy of the Housing Authority's Annual Report for FY 2011- 2012 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. 5. REAFFIRM THE CITY MANAGER AND /OR HOUSING AUTHORITY EXECUTIVE DIRECTOR'S AUTHORITY TO EXECUTE AFFORDABLE HOUSING DOCUMENTS The Tustin Housing Authority is seeking to reaffirm the authority of the City Manager and /or Housing Authority Executive Director to execute affordable housing documents required for the refinancing or the sale of existing affordable housing units. Recommendation: That the City Council take the following action: 1. Adopt City Council Resolution 12 -81, authorizing the City Manager and /or Executive Director of the Tustin Housing Authority, or their designee, to execute affordable housing documents required for the refinancing or the sale of affordable housing units. City Council /Successor Agency/ September 18, 2012 Housing Authority Regular Meeting Agenda Page 4 of 7 That the Tustin Housing Authority Commissioners take the following action: Adopt Resolution HA No. 12 -04, authorizing the Executive Director of the Tustin Housing Authority and /or City Manager, or their designee, to execute affordable housing documents required for the refinancing or the sale of affordable housing units. RESOLUTION NO. 12 -81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER AND /OR THE TUSTIN HOUSING AUTHORITY EXECUTIVE DIRECTOR, OR THEIR DESIGNEE, TO EXECUTE ALL AFFORDABLE HOUSING DOCUMENTS ASSOCIATED WITH AFFORDABLE HOUSING DEVELOPMENTS PREVIOUSLY APPROVED BY THE CITY COUNCIL AND ASSUMED BY THE TUSTIN HOUSING AUTHORITY FROM THE FORMER TUSTIN COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO HEALTH & SAFETY CODE SECTION 34176 RESOLUTION HA NO. 12 -04 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE HOUSING AUTHORITY EXECUTIVE DIRECTOR AND /OR CITY MANAGER, OR THEIR DESIGNEE, TO EXECUTE ALL AFFORDABLE HOUSING DOCUMENTS ASSOCIATED WITH AFFORDABLE HOUSING DEVELOPMENTS PREVIOUSLY APPROVED BY THE CITY COUNCIL AND ASSUMED FROM THE FORMER TUSTIN COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO HEALTH & SAFETY CODE SECTION 34176 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 6 -8) 6. ADOPT RESOLUTION NO. 12 -7 9 TUSTIN RANCH ROAD PHASE 1 70100 & 70206 AND AUTHORIZE OF COMPLETION TO ACCEPT IMPROVEMENTS FOR THE GRADING & STORM DRAIN PROJECT CIP THE CITY ENGINEER TO FILE A NOTICE Construction of the Tustin Ranch Road Phase 1 Grading & Storm Drain Project CIP 70100 & 70206 has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: That the City Council and the Successor Agency to the City Council /Successor Agency/ September 18, 2012 Housing Authority Regular Meeting Agenda Page 5 of 7 Tustin Community Redevelopment Agency take the following actions: 1. Adopt Resolution No. 12 -79 accepting the construction of the Tustin Ranch Road Phase Grading & Storm Drain Project CIP 70100 & 70206; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 12 -79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE TUSTIN RANCH ROAD PHASE 1 GRADING & STORM DRAIN PROJECT BETWEEN WALNUT AVENUE AND WARNER AVENUE CIP NO. 70100 & 70206 7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1417, AMENDING THE TUSTIN CITY CODE TO MAKE THE POSITION OF CITY CLERK AN APPOINTED POSITION PURSUANT TO AN INITIATIVE ADOPTED BY THE VOTERS AT THE NOVEMBER 2, 2010 GENERAL ELECTION The voters of the City of Tustin have determined that the position of City Clerk should be an appointed rather than elected position. Pursuant to prior City Council direction, the attached Ordinance would, if approved, vest with the City Manager the authority to appoint and remove the City Clerk. Recommendation Have second reading by title only and adoption of Ordinance No. 1417 (roll call vote). ORDINANCE NO. 1417 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE TO MAKE THE POSITION OF CITY CLERK AN APPOINTED POSITION PURSUANT TO AN INITIATIVE ADOPTED BY THE VOTERS AT THE NOVEMBER 2, 2010 GENERAL ELECTION 8. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS /COMMITTEE REPORTS City Council /Successor Agency/ September 18, 2012 Housing Authority Regular Meeting Agenda Page 6 of 7 ADJOURN to Tuesday, October 2, 2012, Special Meeting at 4:30 p.m. followed by the Closed Session Meeting at 5:30 p.m. and Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council /Successor Agency/ September 18, 2012 Housing Authority Regular Meeting Agenda Page 7 of 7