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Home My WebLink AboutCC MINUTES 09-17-13F L MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY SEPTEMBER 17, 2013 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2327 at 5:35 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tem Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk 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 — 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 City Council/Successor Agency/Housing Authority Minutes September 17, 2013 Page 1 of 9 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 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 RECESSED at 5:35 p.m. RECONVENED at 7:06 p.m. JOINT 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 at 7:06 p.m. I City Council/Successor Agency/Housing Authority September 17, 2013 Minutes Page 2 of 9 I INVOCATION — Mayor Murray PLEDGE OF ALLEGIANCE — Councilmember Gomez ROLL CALL — City Clerk Present: Mayor Al Murray, Mayor Pro Tem Charles E. "Chuck' Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig — No reportable action PRESENTATIONS ' o Mayor Murray presented a Proclamation to Charles P. Tozzer, D.D.S. for his dedication to a successful Tustin Family Youth Center Dental Clinic o On behalf of the Orange County American Planning Association, Jennifer Lilley recognized the Community Development Department for achieving the following awards: • Old Town Parking Ordinance (Award Category— Best Practices) • Cultural Resources District Residential Design Guidelines (Award Category — Focused Issue Planning • First Street Specific Plan (Award Category — Making Great Communities Happen) o On behalf of the National Center for Missing & Exploited Children, Hector Heredia recognized the Tustin Police Department for meeting essential training and policy elements demonstrating preparedness for responding to a missing child incident ORAL COMMUNICATION/PUBLIC INPUT — None ICONSENT CALENDAR ITEMS 1-5 City Council/Successor Agency/Housing Authority September 17, 2013 Minutes Page 3 of 9 It was moved by Councilmember Bernstein and seconded by Councilmember Nielsen to ' approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried: 5-0 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 $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 13-146") 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 , City Council/Successor Agency/Housing Authority September 17, 2013 Minutes Page 4 of 9 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 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 City Council/Successor Agency/Housing Authority September 17, 2013 Minutes Page 5 of 9 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 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 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 City Council/Successor Agency/Housing Authority September 17, 2013 Minutes Page 6 of 9 the Community Development Department's continuing effort to implement Tustin City Council policy direction by making government processes and procedures more streamlined. It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Bernstein to 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). Motion carried: 5-0 OTHER BUSINESS/COMMITTEE REPORTS City Manager: • Announced the dedication of Rawlings Reservoir will be held on Thursday, ' September 19, 2013 at 4:00 p.m. Councilmember Bernstein: • Congratulated and thanked the Tustin Police Department for being recognized by the National Center for Missing & Exploited Children • Attended the Hangin at the Hangar event sponsored by the Orange County Council, Boy Scouts of America and the Tustin Area Historical Society on September 7; thanked Matt West • Reminded all that the City proclaimed RED Shirt Friday and encouraged all to participate; looking forward to having a RED Sea Friday • Attended the Tustin Chamber of Commerce breakfast on September 11; congratulated all who have been recognized as Police Officer of the month • Attended the City's 9/11 Remembrance event at City Hall • Attended the Orange County Vector Control Board of Directors meeting on September 12 • Attended the Association of California Cities of Orange County conference regarding AB109 • Attended Miss Tustin Fashion Show at the Senior Center on September 15; congratulated Cherrill Cady and staff • Provided water conservation tips Councilmember Gomez: City Council/Successor Agency/Housing Authority September 17, 2013 Minutes Page 7 of 9 • Attended the second annual Pasta Fest at Senior Center on September 7; , congratulated Sarah Randall and Marilyn Buescher • Attended the City's 9/11 event at City Hall • Attended the Association of California Cities of Orange County The Realities of Realignment meeting on September 12 • Congratulated the Community Development Department for being recognized by the Orange County American Planning Association • Congratulated the Police Department and Dispatch Unit National Center for Missing & Exploited Children • Wished all a Happy Constitution Day Councilmember Nielsen: • Attended the Orange County Sanitation District Operations Committee meeting • Hosted a fundraiser event on September 7; thanked the Boys Scouts, Police Explorers, and docents from the Historical Society • Attended the Orange County Sanitation District Legislative Public Affairs Committee meeting on September 7 • Attended the City's 9/11 Remembrance Ceremony held at City Hall; thanked the Police Department and Orange County Fire Authority ' • Attended the Orange County Sanitation District Board of Directors Strategic Plan workshop on September 11 • Attended the Tustin Chamber of Commerce Golf Tournament reception on September 12 • Thanked City Manager Jeff Parker for discussion relating to the City Treasurer position • Thanked and congratulated Elizabeth Binsack and the Community Development Department for being recognized by the Orange County American Planning Association Mayor Pro Tem Puckett: • Congratulated Elizabeth Binsack and the Community Development Department • Attended the Chamber of Commerce breakfast on September 11 • Attended the City's 9/11 Remembrance event at City Hall • Attended the Tustin Corridor Agency Board of Directors meeting • Attended the Miss Tustin Fashion Show at the Senior Center on September 15 • Congratulated grandson Rory Dotson for being featured as a guest columnist in the Tustin News for the article titled "9/11, Looking back from a different perspective" Mayor Murray: , • Attended the Police Department promotional ceremony for Sean Whiteley on City Council/Successor Agency/Housing Authority September 17, 2013 Minutes Page 8 of 9 ADJOURNED at 7:59 p.m. 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. NOR FAI 01 t " it M&I I ,A" /- JqF(jEy C. PARKER, Cify C e City Council/Successor Agency/Housing Authority September 17, 2013 Minutes Page 9 of 9 September 4 • Attended the grand opening of the Fairmont Hotel by Marriot with daughter Emily ' on September 4 • Attended a retirement luncheon for Officer Joe Thornton on September 5; presented a Proclamation for 23 years of dedicated service to the community • Attended an open house at Ladera Elementary on September 5 • Attended the Orange County Transportation Authority Board of Directors meeting on September 9 • Attended the Tustin Chamber of Commerce breakfast meeting on September 11 • Attended the Orange County Fire Authority Budget and Finance Committee meeting on September 11 • Attended the City's 9/11 Remembrance event at City Hall, thanked the Police Department, Orange County Fire Authority and Stephanie Najera, Management Analyst • Attended the Association of California Cities of Orange County Realities of Realignment meeting on September 12 • Attended the Women's League Luncheon on September 13; guest speakers were Great Park Chief Executive Officer Mike Ellzey and Mayor Pro Tem Jeff Lalloway • Attended the Orange County Transportation Authority Regional Highways and Planning Committee meeting on September 16 • Complimented Councilmember Nielsen for Boys Scout Fundraiser • Complimented the Police Department and Community Development Department ' for receiving awards • Announced the Hero of the Year fundraising event for Tustin Police Foundation will be held on Saturday, September 28; Master of Ceremonies is Henry DiCarlo ADJOURNED at 7:59 p.m. 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. NOR FAI 01 t " it M&I I ,A" /- JqF(jEy C. PARKER, Cify C e City Council/Successor Agency/Housing Authority September 17, 2013 Minutes Page 9 of 9