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Home My WebLink About03 CC MINUTES 09-18-12Agenda Item 3 Reviewed: City Manager -7 1 Finance Director ",N/A M7101EM OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY 300 CENTENNIAL WAY TUSTIN, CA 6*4 2 111:4 ivi I CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2297 at 5:33 p.m. ATTENDANCE Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers Jerry Amante, Deborah Gavello and Rebecca "Beckie" Gomez Absent: None City Clerk: Patricia Estrella, City Clerk Services Supervisor 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: 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 City Council/Successor Agency/ September 18, 2012 Housing Authority Regular Meeting Minutes Page 1 of 8 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 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 Address/Description Agency City Negotiators Negotiating Parties Under Negotiation RECESSED at 5:35 p.m RECONVENED at 7:01 p.m. Lots 1,2,3,4,5,6,7,8,9, 10,11, 11, 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 City of Tustin Jeffrey C. Parker, City Manager, and John Buchanan, Program Manager Broadcom Corporation, represented by Rick Kaplan, Mark Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. Price and Terms of Payment JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, AND TUSTIN HOUSING AUTHORITY Fj IT "Yj -19 CALL TO ORDER — Meeting #2297 at 7:01 p.m. INVOCATION — Mayor Pro Tern Murray PLEDGE OF ALLEGIANCE — Councilmember Amante City Council/Successor Agency/ September 18, 2012 Housing Authority Regular Meeting Minutes Page 2 of 8 ROLL CALL — City Clerk Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers Jerry Amante, Deborah Gavello and Rebecca "Beckie" Gomez Absent: None City Clerk: Pamela Stoker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig The City Council denied the liability claim of Slacenka Vezich, Claim No. 12-22, by unanimous vote. The Council did not discuss in closed session whether to agendize any additional closed session discussion. Other than that, there was no reportable action. PRESENTATIONS 1. Proclamation for service on Planning Commission — Charles E. "Chuck" Puckett 2. Government Finance Officers Association (GFOA) Achievement for Excellence in Financial Reporting award ORAL COMMUNICATION/PUBLIC INPUT — Bill Pevehouse, Tustin Public Schools Foundation Mark Senesac, Boy Scouts, Scouting for Food CONSENT CALENDAR ITEMS 1-5 Motion: It was moved by Mayor Pro Tem/Vice Chairman Murray and seconded by Councilmember/Commissioner Amante to pull consent items 1 and 3 and to approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried 5-0 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. Motion: It was moved by Councilmember/Commissioner Gomez and seconded by Mayor Pro TemNice Chairman Murray that Item #11 on page 8 of 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 be amended to change "post-employment" to "post- employment/post-term for elected officials" and that the City Council approve City Council/Successor Agency/ September 18, 2012 Housing Authority Regular Meeting Minutes Page 3 of 8 the minutes. Motion carried 5-0 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 Motion: It was moved by Councilmember Gomez and seconded by Mayor Pro Tern Murray to adopt Resolution No. 12-80 finding that Police Officer Susan Nunley is industrially disabled from performing the duties of her position. Motion carried 5-0 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 POLICE OFFICER. 4. 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 City Council/Successor Agency/ September 18, 2012 Housing Authority Regular Meeting Minutes Page 4 of 8 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: 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. That the Tustin Housing Authority Commissioners take the following action: 1. 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 City Council /Successor Agency/ September 18, 2012 Housing Authority Regular Meeting Minutes Page 5 of 8 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 6 -8 6. ADOPT RESOLUTION NO. 12 -79 TO ACCEPT IMPROVEMENTS FOR THE TUSTIN RANCH ROAD PHASE 1 GRADING & STORM DRAIN PROJECT CIP 70100 & 70206 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION 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. Public input: Joe Gehley Motion: It was moved by Councilmember Amante and seconded by Mayor Nielsen that the City Council and the Successor Agency to the 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. Motion carried 5 -0 Motion: It was moved by Councilmember Gavello to agendize for discussion compensation for residents affected by the Tustin Ranch Road project regarding the sound wall and noise mitigation; died for lack of a second. 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 City Council /Successor Agency/ September 18, 2012 Housing Authority Regular Meeting Minutes Page 6 of 8 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray to have second reading by title only and adoption of Ordinance No. 1417 (roll call vote). Motion carried 5 -0 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 City Manager Jeff Parker gave a report on current legislation of interest. COUNCILMEMBER GAVELLO Wished happy new year to Jewish residents in Tustin Asked Public Works Director Doug Stack how often fire hydrants are flushed and tested in Tustin • Motion: It was moved by Councilmember Gavello and seconded by Councilmember Gomez to agendize discussion of an ordinance concerning ethics and lobbying regulations; motion failed 2 -3 (Mayor Nielsen, Mayor Pro Tern Murray, and Councilmember Amante dissenting) COUNCILMEMBER GOMEZ • On September 7 attended the Orange County Labor Federation Bridge Awards breakfast City Council /Successor Agency/ September 18, 2012 Housing Authority Regular Meeting Minutes Page 7 of 8 • Went on the wine trolley in Old Towne Orange • On September 8 volunteered at the Senior Center Pasta Fest; thanked Parks & Recreation staff • On September 11 attended the 9/11 remembrance at Cedar Grove Park • On September 12 attended the Tustin Meadows homeowners association meeting • Attended the Town Hall meeting which focused on Old Town and was hosted by Mayor Nielsen • On September 15 attended the Tustin Chamber health fair at Tustin High School COUNCILMEMBER AMANTE • On September 11 attended the Cedar Grove Park 9/11 event • Announced that on September 20 the Association of California Cities Orange County will be hosting Golden Hub awards MAYOR PRO TEM MURRAY • Thanked Chuck Puckett for his service to the community • Thanked Pam Arends-King and staff for great achievement in receiving the Government Finance Officers Association award for excellence in financial reporting • On September 6 attended a small business ADA workshop • Hosted the 9/11 commemorative activities and service; thanked staff, Orange County Fire Authority, and others • Attended the OCFA budget and finance committee meeting on September 12 • Attended the Town Hall meeting hosted by Mayor Nielsen • Wished a happy birthday to Councilmember Gomez • Shared Tustin News did an article on the National Charity League in which his wife and daughter are involved MAYOR NIELSEN • Thanked Mayor Pro Tern Murray for hosting 9/11 event • Hosted the Old Town Town Hall meeting • Attended the Senior Center pasta fest • Attended the Beckman High athletic fundraiser talent show • Attended the September 15 Miss Tustin fashion show at Wilcox Manor; thanked Cherrill Cady • Congratulated Tustin High School dance team and daughter Kierstie, their coach, for receiving multiple national championships over the years ADJOURNED at 8:10 p.m. 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 Minutes Page 8 of 8