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Home My WebLink About00 CC AGENDA 9-17-13 CITY OF TUSTIN JOINT REGULAR MEETING SEPTEMBER 17, 2013 OF THE CITY COUNCIL, SUCCESSOR COUNCIL CHAMBER AGENCY TO THE TUSTIN COMMUNITY 300 CENTENNIAL WAY, TUSTIN REDEVELOPMENT AGENCY AND _ HOUSING AUTHORITY Charles E. "Chuck" Puckett, Mayor Pro Tem Jeffrey C. Parker, City Manager John Nielsen, Councilmember Al Murray, Mayor David E. Kendig, City Attorney Rebecca "Beckie" Gomez, Councilmember Jeffrey C. Parker, City Clerk Allan Bernstein, Councilmember Pam Arends-King, Interim City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2327 ATTENDANCE 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 — INITIATION OF LITIGATION [Government Code § 54956.9(d2)] — Department of Finance and One Case 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Three Cases 1. Property Lots 1,2,3,4,5,6,7,8,9, 10,11, II, D, Final Map 17144; Address/Description 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 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. City Negotiators Jeffrey C. Parker, City Manager, John Buchanan, Deputy of Director of Economic Development, and Amy Freilich, Special Real Estate Counsel Negotiating Parties O.C. Property Company, LLC, 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 2. Property Tustin Legacy Disposition Package 1 B to include sale Address/Description of Lots 8, 13, 14 and a portion of lettered lot 00000 in Tract 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, and John Buchanan, Deputy Director of Economic Development Negotiating Parties Ted McKibbin, President Standard Pacific Homes, Southern California Coastal Under Negotiation Price and terms of payment 3. Property APN: 430-391-12, 430-391-09, and 430-391-03 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Gregory Franklin, Superintendent Under Negotiation Price and Terms of Payment JOINT OF THE REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2327 INVOCATION — Mayor Murray PLEDGE OF ALLEGIANCE — Councilmember Gomez ROLL CALL — City Clerk City Council/Successor Agency/Housing Authority September 17, 2013 Meeting Agenda Page 2 of 6 CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS o Charles P. Tozzer, D.D.S. —Tustin Family Youth Center Dental Clinic o Don Lamm — Orange County American Planning Association o George Masson - National Center for Missing & Exploited Children 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. 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 AND HOUSING AUTHORITY HELD SEPTEMBER 3, 2013 Recommendation: That the City Council and Successor Agency approve the Action Minutes of the Joint Regular Meeting of the City Council, Successor Agency to the Tustin Community Redevelopment Agency and Housing Authority held on September 3, 2013. 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 $11 ,758.80 and City Council/Successor Agency/Housing Authority September 17, 2013 Meeting Agenda Page 3 of 6 $624,644.48; and Demands in the amount of$1 ,156,133.45. 3. SUCCESSOR AGENCY APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR PERIOD OF JANUARY 1 , 2014 THROUGH JUNE 30, 2014 Pursuant to AB 1X 26 and the recently passed AB 1484, the City of Tustin, acting as the Successor Agency to the Tustin Community Redevelopment Agency (Successor Agency), is seeking approval of the Recognized Obligation Payment Schedule 13-14B ("ROPS 13-1413") for the period of January 1, 2014 through June 30, 2014. Recommendation: That the City Council, acting as the Successor Agency, approve ROPS 13-14B for the period of January 1 , 2014 through June 30, 2014, and authorize submission of the ROPS 13-14B to the Department of Finance ("DoF ") by October 1 , 2013, subject to the following conditions: 1 . Review and approval by the Oversight Board; and 2. Should any subsequent modifications be required to ROPS 13-14B by the Successor Agency, independent auditor, or the DoF, the City Manager and/or Finance Director, or their authorized designee, shall be authorized to make any augmentation, modification, additions or revisions as may be necessary subject to certification by the Oversight Board Chair. (Note: Pursuant to AB 1484-amended California Health and Safety Code (HSC) Section 34177(m), the above actions by the City's Successor Agency shall not become effective for forty-five (45) business days after approval by the Oversight Board pending a review by the DoF. Within five business days of the DoF's determination, the Successor Agency can request additional review by the DoF and an opportunity to meet and confer on disputed items.) 4. SUCCESSOR AGENCY APPROVAL OF AMENDED ADMINISTRATIVE BUDGETS AND AUTHORIZATION TO ENTER INTO A FIFTH AMENDED AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY FOR ADMINISTRATIVE SUPPORT Successor Agency approval is requested of an amended Administrative Budget and authorization for the City and Successor Agency to enter into a Fifth Amended Agreement for reimbursement of administrative support. Recommendation: 1 . That the City Council approve and authorize the City to enter into a City Council/Successor Agency/Housing Authority September 17, 2013 Meeting Agenda Page 4 of 6 Fifth Amended Agreement for Reimbursement of Costs and City/Successor Agency Operations Loan with the City acting as Successor Agency to the Tustin Community Redevelopment Agency. 2. That the City, acting as the Successor Agency to the Tustin Community Redevelopment Agency ("City Successor Agency"), take the following actions: A. Approve the attached amended Administrative Budget pursuant to California Health and Safety Code (HSC) Section 341770). Should any subsequent modifications be determined necessary, the City Manager and/or Finance Director, or their authorized designee, shall be authorized to make augmentation, modification, additions, or revisions as may be necessary subject to Oversight Board approval. B. Approve and authorize the Successor Agency to enter into an Agreement for Reimbursement of Costs and City/Successor Agency Operations Loan with the City for reimbursement of costs incurred by the City to support Successor Agency operations, obligations consistent with the Administrative Budget approved by the Successor Agency. The Successor Agency shall also be authorized to enter into any agreements necessary to provide administrative support services as identified in the Administrative Budget attached hereto. 5. ADOPT TUSTIN PUBLIC FINANCING AUTHORITY (TPFA) RESOLUTION NO. 13-01 AUTHORIZING COMMENCEMENT OF PROCEEDINGS AND DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED FINANCING OF IMPROVEMENTS TO THE CITY'S MUNICIPAL WATER SYSTEM BY THE ISSUANCE OF WATER REVENUE BONDS The City is considering the issuance of water revenue bonds to finance improvements to the City's municipal water system. TPFA Resolution No. 13- 01 authorizes City Staff to proceed with the preparation of the documents needed for the financing and designates consultants to assist with the proposed issuance of water revenue bonds ("the bonds "). Recommendation: It is recommended that the City Council adopt TPFA Resolution No. 13-01 authorizing the commencement of proceedings and designating consultants in connection with the proposed issuance of water revenue bonds. TPFA RESOLUTION NO. 13-01 RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS TO FINANCE IMPROVEMENTS TO THE CITY'S City Council/Successor Agency/Housing Authority September 17, 2013 Meeting Agenda Page 5 of 6 MUNICIPAL WATER SYSTEM AND THE ISSUANCE OF WATER REVENUE BONDS BY THE TUSTIN PUBLIC FINANCING AUTHORITY FOR SUCH PURPOSES, DESIGNATING CONSULTANTS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO REGULAR BUSINESS ITEM Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 6) 6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1430 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 2013-002, AMENDING THE TUSTIN SUBDIVISION CODE (ARTICLE 9, CHAPTER 3 OF THE TUSTIN CITY CODE). On July 9, 2013, the Tustin Planning Commission adopted Resolution No. 4217 recommending that the Tustin City Council adopt Ordnance No. 1430 (Code Amendment 2013-002) amending the Tustin Subdivision Code (Article 9, Chapter 3 of the Tustin City Code). The proposed amendments are the first comprehensive update of the Subdivision Code since 1981, and are part of the Community Development Department's continuing effort to implement Tustin City Council policy direction by making government processes and procedures more streamlined. Recommendation: Have second reading by title only and adoption of Ordinance No. 1430 (roll call vote). ORDINANCE NO. 1430 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 2013- 002, AMENDING THE TUSTIN SUBDIVISION CODE (ARTICLE 9, CHAPTER 3 OF THE TUSTIN CITY CODE). OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, October 1 , 2013 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Successor Agency/Housing Authority September 17, 2013 Meeting Agenda Page 6 of 6