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Home My WebLink AboutCC MINUTES 07-01-14MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 CENTENNIAL WAY, TUSTIN, CA CLOSED SESSION MEETING JULY 1, 2014 5:30 P.M. CALL TO ORDER — Meeting #2348 at 5:34 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Dr. 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)] — Two Cases 1. One Case 2. CalPERS Determination of Employment Status 2. PUBLIC EMPLOYMENT: [Government Code § 54957] — Two Cases 1. Performance evaluation of the City Attorney 2. Performance evaluation of the City Manager 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION City Council and Successor Agency July 1, 2014 Minutes Page 1 of 9 [Government Code § 54956.9(a)] — One Case 1. Successor Agency to the Tustin Redevelopment Agency, et al. v. Matosantos: Case No. 34- 2013 - 80001623 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Two Cases 1. Property APN 430-271-35,430-271-49 Address /Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Kevin Hayes, Lincoln Property Company Under Negotiation Price and Terms of Payment 2. Property 430 -371 -18, 19, 20, 21, 22, 23, 24, 25, 26, 62, 63, Address /Description 64, 65, 66, 67, 68 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Pacific Coast Investors Under Negotiation Price and Terms of Payment 5. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases RECESSED — 5:35 p.m. RECONVENED — 7:13 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE —American Legion INVOCATION — Mayor Pro Tern Puckett ROLL CALL — City Clerk Present: Mayor Al Murray, Mayor Pro Tem Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Dr. 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 ORAL COMMUNICATION /PUBLIC INPUT — • Jim Gominsky • Anthony Trujillo o Jonathan Stone PRESENTATION Mayor Murray presented a Certificate of Achievement to Director of Finance Pam Arends- King and Finance Manager Jenny Leisz on behalf of the Government Finance Officers Association for Excellence in Financial Reporting for the City's Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2013. CONSENT CALENDAR ITEMS 1 -3 It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen to approve the balance as recommended by staff. Motion carried: 5 -0 REDEVELOPMENT AGENCY HELD ON JUNE 17, 2014 Recommendation: That the City Council approve the Action Minutes of the Joint Regular Meeting of the City Council and the Successor Agency to the Tustin Community Redevelopment Agency held on June 17, 2014. 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 amount of $681,409.50 and Demands in the amount of $5,862,440.72. 3. TUSTIN LEGACY PROPERTY MANAGEMENT /CARETAKER SERVICES Approval is requested for allocation of funding for Tustin Legacy Property Management/Caretaker services from the Land Proceeds Fund. Recommendation: Approve a supplemental appropriation in an amount not to exceed $400,000 from the unappropriated reserves of the Land Held for Resale Fund (Fund 189) for Fiscal Year 2014 -2015 to fund the services required pursuant to proposed Amendment No. 4 to the City's Consultant Services Agreement with So Cal Sandbags for Tustin Legacy Property Management/Caretaker Services. REGULAR BUSINESS ITEMS 4 -6 4. TUSTIN RESPONSE TO DRAFT ENVIRONMENTAL IMPACT REPORT FOR JOHN WAYNE AIRPORT SETTLEMENT AGREEMENT MODIFICATION AND EXTENSION PowerPoint presentation by Elizabeth Binsack, Director of Community Development. City Council concurrence is requested for the City of Tustin's response to the Draft Environmental Impact Report (DEIR) for the proposed modification and extension of the John Wayne Airport Settlement Agreement. The proposed project would extend the existing arrival and departure curfews through 2035, while allowing for a phased increase in the maximum number of annual passengers from 10.8 to 12.5 million. An increase in average daily departures of the noisiest (Class A) aircraft from 85 to 95 departures is also proposed. It was moved by Councilmember Bernstein and seconded by Councilmember City Council and Successor Agency July 1, 2014 Minutes Page 4 of 9 Nielsen to direct staff to forward the attached response letter to the County of Orange. Motion carried: 5 -0 5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1443 Ordinance No. 1443 approves DA 2014 -002, an amendment #1 to the approved DA 2013 -002 to effectuate the disposition of approximately 5 acres of land comprised of two parcels (Sites A and B) from South Orange County Community College District to the City. It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Gomez to have second reading by title only and adoption of Ordinance No. 1443 (roll call vote). Motion carried: 5 -0 ORDINANCE NO. 1443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING AMENDMENT #1 TO DEVELOPMENT AGREEMENT 2013 -002 (DA 2014 -002) BETWEEN THE CITY OF TUSTIN AND THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT ( SOCCCD) TO EFFECTUATE THE DISPOSITION OF APPROXIMATELY FIVE (5) ACRES OF LAND COMPRISED OF TWO (2) PARCELS (SITES A AND B) FROM SOCCCD TO THE CITY OF TUSTIN WITHIN THE BOUNDARIES OF THE MARINE CORPS AIR STATION (MCAS) TUSTIN SPECIFIC PLAN. MORE SPECIFICALLY, SITE A IS LOCATED NORTH OF VALENCIA AVENUE, WEST OF SEVERYNS ROAD, EAST OF LANSDOWNE DRIVE. SITE B IS LOCATED NORTH OF THE VILLAGE OF HOPE, SOUTH OF VALENCIA AVENUE, EAST OF RED HILL AVENUE AND WEST OF HOPE DRIVE. 6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1445 Ordinance No. 1445 approves levying special taxes within Community Facilities District No. 2014 -1. It was moved by Mayor Murray and seconded by Mayor Pro Tem Puckett to have second reading by title only and adoption of Ordinance No. 1445 (roll call vote). Motion carried 5 -0 COMMUNITY FACILITIES DISTRICT NO. 2014 -1 (TUSTIN LEGACY /STANDARD PACIFIC), LEVYING A SPECIAL TAX WITHIN THE DISTRICT OTHER BUSINESS /COMMITTEE REPORTS CITY MANAGER JEFF PARKER Announced the City received a Housing Related Parks Program grant in the amount of $259,800; congratulated Samantha Beier and the Community Development staff for their hard work in applying for the grant COUNCILMEMBER BERNSTEIN June 18 • Attended "Coffee with a Cop "; thanked the Tustin Police Department • Attended the groundbreaking ceremony for Standard Pacific's Greenwood Homes; thanked Standard Pacific June 19 • Attended the Orange County Vector Control meeting; provided an update regarding the West Nile virus and Asian Tiger mosquito June 25 • Attended the Association of California Cities of Orange County Golden Hub of Innovation Awards dinner June 27 • Attended the Tustin Chamber of Commerce Gala; thanked Elysse Perkins, Cheryl Foster, Mrs. Bernstein Attended the Water Advisory Committee of Orange County meeting; provided an update regarding the water bond Wished all a happy Fourth of July COUNCILMEMBER GOMEZ June 18 • Attended the groundbreaking ceremony for Standard Pacific's Greenwood Homes; looking forward to this development in the Legacy June 19 • Attended the kickoff for the summer reading program at the Tustin library; more information is available at the library • Attended the opening of Frontier Park spray ground; joined Commissioners Amy Nakamoto and Donna Marsh Peery to 'test" the new water feature June 26 o Attended the Santa Ana River Flood Protection Agency meeting; approved City Council and Successor Agency July 1, 2014 Minutes Page 6 of 9 the budget for the upcoming year and previewed proposed project; elected to return to the Executive Committee • Attended the Association of California Cities of Orange County Golden Hub of Innovation Awards; although the City did not win any awards this year, expressed pride in the completion of the Rawlings Reservoir and the opening of Tustin Ranch Road June 27 • Attended the Ice Cream Social in Tustin Meadows June 29 • Volunteered at the Tustin Meadows Pancake breakfast; recognized these events allow residents to spend time with their neighbors June 30 • Toured Pretend City Children's Museum • Donated blood at the Tustin Meadows Blood Drive Looking forward to the Fourth of July Activities in Tustin Meadows and the Fireworks at Tustin High; wished all a happy and safe Fourth of July COUNCILMEMBER NIELSEN June 18 • Attended "Coffee with a Cop" • Attended the groundbreaking ceremony for Standard Pacific's Greenwood Homes June 19 • Attended the opening of Frontier Park spray ground June 25 • Attended the Orange County Sanitation District Steering Committee meeting; discussed labor negotiations • Attended the Orange County Sanitation District Board of Directors meeting; appointed new Chair Tom Beamish and recognized outgoing Chair Troy Edgar; approved the agreement with the City of Tustin for the construction of a portion of the Gisler -Red Hill System improvements; approved the budget June 26 • Attended the Orange County Council of Governments meeting; approved the budget; voted to not increase the dues; appointed City of Huntington Beach Mayor Pro Tern Joe Shaw to represent the SCAG Energy and Environment Committee June 27 • Attended the Tustin Chamber of Commerce Gala; congratulated the business winners; thanked the Chamber Invited the community to attend the Fourth of July festivities; thanked Director of Parks and Recreation Dave Wilson City Council and Successor Agency July 1, 2014 Minutes Page 7 of 9 MAYOR PRO TEM PUCKETT June 18 • Attended "Coffee with a Cop" • Attended the groundbreaking ceremony for Standard Pacific's Greenwood Homes; looking forward to this development in the Legacy June 19 • Attended the opening of Frontier Park spray ground June 24 • Attended the meeting of the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency June 26 • Attended the Association of California Cities of Orange County Golden Hub of Innovation Awards dinner June 27 • Attended the Tustin Chamber of Commerce Gala; congratulated the business winners • Attended Jersey Boys with wife Donna June 28 • Attended the Tustin Hearing Center's 25th Anniversary; congratulated Dr. Janell Reid and staff Looking forward to the Tustin Meadows Parade and Fireworks at Tustin High School in celebration of Independence Day MAYOR MURRAY Committee Reports: June 18 • Attended the Association of California Cities of Orange County Board of Directors meeting; approved the 2014 -15 strategic plan; announced the City of La Habra became a member June 19 • Attended the Orange County Transportation Authority Legislative and Communications Committee meeting; update on federal and state funding June 20 • Attended the Association of California Cities of Orange County Legislative and Regulatory Committee meeting; Senator Bob Huff provided an update on state legislature June 23 • Attended the Orange County Transportation Authority Board of Directors meeting; update on 405 Improvement Project; update on the Los Angeles —San Diego —San Luis Obispo Rail Corridor (LOSANN); looking at scheduling and optimizing Metrolink June 26 City Council and Successor Agency July 1, 2014 Minutes Page 8 of 9 o Attended the Orange County Fire Authority press conference with Kris Concepcion and Supervisor Todd Spitzer; discussed fireworks safety and June 26 encouraged the public to attend professional Fourth of July shows Attended the Orange County Fire Authority Executive Committee meeting and the Board of Directors meeting City Activities: June 18 June 19 June 21 June 27 • Attended "Coffee with a Cop" • Attended the groundbreaking ceremony for Standard Pacific's Greenwood Homes • Attended the opening of Frontier Park spray ground • Visited the Blue Buoy Swim School; announced the school participated in the Guinness Book of World Records for the largest number swim lessons between 7:00 a.m. and 8:00 a.m. o Attended Relay for Life Cancer event at Pioneer Middle School o Attended the Tustin Chamber Gala; honored to give Oath of Office to new board members; presented Certificates of Appreciation to the outgoing board members ADJOURNED at 8:05 p.m. The next meeting is scheduled for Tuesday, July 15, 2014 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. ELWYN A. MURRAY, JEFy Y C. PARKER, Mayor Ci r city council and Successor Agency Minutes July 1, 2014 Page 9 of 9