HomeMy WebLinkAboutCC MINUTES 09-16-14 MINUTES OF THE JOINT REGULAR MEETING OF THE
CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
SEPTEMBER 16, 2014
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2352 at 5:33 p.m.
ATTENDANCE
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
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
2. LIABILITY CLAIM [Government Code § 54956.95] —Three Cases
a. Claim of Sharon Dasher, Claim No. 14-03
b. Claim of David and Barbara Jane Strohm, Claim No. 14-20
c. Claim of Sun De Tong, Claim No. 14-14
3. LABOR NEGOTIATIONS: [Government Code § 54957.6]
Agency Negotiators: David E. Kendig, City Attorney and Derick
Employee Organization: Yasuda, Acting Director of Human Resources
Unrepresented Executive Management and
Management Employees
City Council and Successor Agency September 16, 2014
Minutes Page 1 of 13
4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
[Government Code § 54956.9(a)] — One Case
1. Successor Agency to the Tustin Redevelopment Agency, et al. v. Michael
Cohen: Case No. 34-2013-80001623CUWMGDS; Appellate Court Case
No. C076836
5. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
[Government Code § 54956.9(d2)] —Two Cases
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code
§ 54956.8] — One Case
1. Property Tustin Legacy Disposition Package 1C to include
Address/Description Lots 1, X and Y of Tract Map 17404
Agency City of Tustin
City Negotiators John A. Buchanan, Deputy Director of Economic
Development
Negotiating Parties Regency Centers, John Meehigan
Under Negotiation Price and Terms of Payment
RECESSED at 5:34 p.m.
RECONVENED at 7:07 p.m.
JOINT REGULAR MEETING OF THE
CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
7:00 P.M.
CALL TO ORDER— Meeting #2352 at 7:07 p.m.
INVOCATION — Father Al Baca
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 Dr.
City Council and Successor Agency September 16, 2014
Minutes Page 2 of 13
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 —The Council unanimously
denied Claim of Sharon Dasher, Claim No. 14-03 and Claim of David and Barbara
Strohm, Claim No. 14-20. The Council denied Claim No. 14-14 with a vote of 4-0 with
Mayor Pro Tem Puckett recusing himself due to a real property interest within 500 feet.
Councilmember Nielsen recused himself from Item No. 6 due to a real property interest
within 500 feet. Other than that, no reportable action.
PUBLIC HEARING ITEM NO. 1 PUBLIC INPUT— Hilda Plummer
ORAL COMMUNICATION/PUBLIC INPUT—
o Sue Robishaw
o Hilda Plummer
PRESENTATIONS
Planning Chair Pro Tem Austin Lumbard introduced the Outstanding Old Town property
program. Mayor Murray presented a Certificate of Recognition to Robert Linguist in honor
of the "Artz Building" located at 150 & 158 W. Main Street.
Mayor Murray presented a Proclamation to Regional Branch Manager Tim Scott in
recognition of Library Card Sign Up Awareness Month.
Mayor Murray presented a Proclamation to Battalion Chief Mike Schroeder in recognition
of Orange County Fire Authority's "Fire Prevention Week".
Orange County Vector Control District Manager Mike Hearst provided an update on the
West Nile virus.
PUBLIC HEARING ITEM NO. 1
1. ZONE CHANGE 2014-001, SUBDIVISION 2013-01 FOR TENTATIVE TRACT
MAP 17665, CONDITIONAL USE PERMIT 2013-01, AND DESIGN REVIEW
2013-002 FOR THE DEVELOPMENT OF SIX (6) SINGLE FAMILY
DETACHED RESIDENTIAL CONDOMINIUM UNITS AT 1381-1391 SAN
JUAN STREET
City Council and Successor Agency September 16, 2014
Minutes Page 3 of 13
The project is a request to construct six (6) detached residential condominium
units and related improvements at 1381-1391 San Juan Street. The project also
includes the demolition of the existing single story single family residence and
accessory structures at 1391 San Juan Street. The proposed project requires
the approval of a Zone Change (ZC), Subdivision (SUB), Conditional Use
Permit (CUP), and Design Review (DR). On August 12, 2014 the Planning
Commission adopted Resolution No. 4263, recommending that the Tustin City
Council deny the proposed project.
•
On September 10 and 11, 2014, the property owner submitted written requests
that the City Council continue the item to November 18, 2014 to give the
property owner additional time to meet with staff and work on modifications to
the project to Increase the number of parking spaces and open space and to
decrease the massing of the buildings.
The staff report that was included with the City Council's September 16, 2014
agenda packet provides a full discussion of the project.
It was moved by Councilmember Bernstein and seconded by Councilmember
Nielsen that the City Council continue the item to the November 18, 2014 City
Council meeting.
Motion carried: 5-0
CONSENT CALENDAR ITEMS 2-7
It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Nielsen to
approve the balance as recommended by staff.
Motion carried:5-0
2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY
COUNCIL, THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD ON
SEPTEMBER 2, 2014
Recommendation: That the City Council approve the Action Minutes of the Joint
Regular Meeting of the City Council, the Successor Agency to the Tustin
Community Redevelopment Agency and Housing Authority held on September
2, 2014.
3. 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 Tustin Community Redevelopment
City Council and Successor Agency September 16, 2014
Minutes Page 4 of 13
Agency obligations that are in accordance with the approved budget or
continued operations authorizations.
Recommendation: Approve Payroll in the amount of $632,751.72 and
Demands in the amount of $1,726,391.13.
4. SUCCESSOR AGENCY APPROVAL OF THE RECOGNIZED OBLIGATION
PAYMENT SCHEDULE FOR PERIOD OF JANUARY 1, 2015 THROUGH
JUNE 30, 2015
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 14-15B ("ROPS 14-15B") for the period of January 1, 2015
through June 30, 2015.
Recommendation: That the City Council, acting as the Successor Agency,
approve ROPS 14-15B for the period of January 1, 2015 through June 30,
2015, and authorize submission of the ROPS 14-15B to the Department of
Finance ("DoF") by October 3, 2014, subject to the following conditions:
1. Review and approval by the Oversight Board; and
111 2. Should any subsequent modifications be required to ROPS 14-15B by
the Successor Agency, independent auditor, or the DoF, the Successor
Agency's Executive Director 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.)
5. SUCCESSOR AGENCY APPROVAL OF AMENDED ADMINISTRATIVE
BUDGETS AND AUTHORIZATION TO ENTER INTO A SEVENTH 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 Seventh
Amended Agreement for reimbursement of administrative support.
Recommendation:
City Council and Successor Agency September 16, 2014
Minutes Page 5 of 13
1. It is recommended the City Council approve and authorize the City to enter
into a Seventh 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. It is recommended the City, acting as the Successor Agency to the Tustin
Community Redevelopment Agency ("Successor Agency"), take the
following actions:
A. Approve the attached amended Administrative Budget pursuant to
California Health and Safety Code (HSC) Section 34177(j). 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.
6. 2014 BIENNIAL CONFLICT OF INTEREST CODE REVIEW
Biennially the City is required to review the list of designated positions in the
Conflict of Interest Code.
Recommendation: That the City Council adopt Resolution No. 14-61 modifying
the Appendix (Designated Positions) contained in the City's Conflict of Interest
Code.
RESOLUTION NO. 14-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN
THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND
REPEALING RESOLUTION NO. 12-78
7. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR PEPPERTREE PARK BOCCE BALL
COURTS (CIP NO. 20073) •
The construction of the Peppertree Park Bocce Ball Courts is complete and the
project is ready for acceptance and filing of the Notice of Completion.
City Council and Successor Agency September 16, 2014
Minutes Page 6 of 13
Recommendation: That the City Council:
1. Adopt Resolution No. 14-54 accepting the Peppertree Park Bocce Ball
Court Improvements (CIP No. 20073), and
2. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's office.
RESOLUTION NO. 14-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
CALIFORNIA ACCEPTING THE WORKS OF PUBLIC IMPROVEMENT AND
AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION
FOR THE PEPPERTREE PARK BOCCE BALL COURTS (CIP NO. 20073)
REGULAR BUSINESS ITEMS 8-11
8. TRAVEL AND EXPENSE REIMBURSEMENT POLICY UPDATE
PowerPoint presentation by City Attorney David Kendig
Consider updates and revisions to the City's Travel and Expense
Reimbursement Policy.
It was moved by Mayor Pro Tern Puckett and seconded by Councilmember
Nielsen that the City Council approve Resolution No. 14-62 amending the City's
Expense Guidelines and Reimbursement Policy for City Council and
Commission members and revise the policy to reflect the following changes:
Councilmember Gomez requested to clarify the type of events that would be
authorized as "City co-sponsored events".
Councilmember Nielsen requested to denote the appeal process.
Motion carried: 5-0
RESOLUTION NO. 14-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AMENDING THE CITY'S EXPENSE GUIDELINES AND
REIMBURSEMENT POLICY FOR CITY COUNCIL AND COMMISSION
MEMBERS
9. ADOPT RESOLUTION NO. 14-60, A RESOLUTION OF THE CITY COUNCIL
ACTING AS THE LEGISLATIVE BODY OF THE CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TUSTIN
LEGACY/STANDARD PACIFIC) AUTHORIZING THE ISSUANCE OF ITS
SPECIAL TAX BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED
City Council and Successor Agency September 16, 2014
Minutes Page 7 of 13
TWENTY NINE MILLION DOLLARS ($29,000,000) AND APPROVING
RELATED DOCUMENTS AND ACTIONS
PowerPoint presentation by James Fabian from Fieldman, Rolapp and
Associates
In June 2014, the City of Tustin as the fee title owner of 100% of the real
property located in the Tustin Legacy Project (the "Project") received a written
request from two of its Councilpersons to commence proceedings to form a
community facilities district with boundaries coterminous with the Property to be
known as the "City of Tustin Community Facilities District No. 2014-1 (Tustin
Legacy/Standard Pacific)". After a regularly scheduled public hearing and
election, on June 17, 2014, CFD No. 2014-1 (Tustin Legacy/Standard Pacific)
(the "District") was formed pursuant to the provisions of the Mello-Roos
Community Facilities Act of 1982 as amended to provide for financing facilities
and services in the Project that will be developed into 375 single family homes,
a focal park, and other neighborhood amenities. In August 2014 the property
was conveyed to Standard Pacific Corporation ("Standard Pacific") pursuant to
the City's Development Disposition Agreement (the "DDA") with Standard
Pacific dated March 4, 2014.
Adoption of Resolution No. 14-60 to issue special tax bonds will provide funds
to construct backbone infrastructure for the new development and school district
facilities.
It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem
Puckett that the City Council adopt: Resolution No. 14-60, a resolution of the
City Council of the City of Tustin acting as the legislative body of the City of
Tustin Community Facilities District No. 2014-1 (Tustin Legacy/Standard
Pacific) authorizing the issuance of its special tax bonds in a principal amount
not to exceed twenty nine million dollars ($29,000,000) and approving related
documents and actions.
Motion carried: 5-0
RESOLUTION NO. 14-60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACTING
AS THE LEGISLATIVE BODY OF THE CITY OF TUSTIN COMMUNITY
FACILITIES DISTRICT NO. 2014-1 (TUSTIN LEGACY/STANDARD PACIFIC)
AUTHORIZING THE ISSUANCE OF ITS SPECIAL TAX BONDS IN A
PRINCIPAL AMOUNT NOT TO EXCEED TWENTY NINE MILLION DOLLARS
($29,000,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING
CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
10. AMEND CITY CODE SECTION 5331n BY ORDINANCE NO. 1447 TO
ESTABLISH PREFERENTIAL PERMIT ONLY PARKING ON DEBUSK LANE,
WALTER AVENUE, RALEIGH PLACE AND DEL AMO AVENUE
City Council and Successor Agency September 16, 2014
Minutes Page 8 of 13
PowerPoint presentation by Director of Public Works Doug Stack
A resident on Del Amo Avenue, between Nisson Road and Mitchell Avenue,
and a resident on Debusk Lane have expressed concerns regarding overnight
parking of non-resident vehicles on their streets, along with associated trash
and night time noise. These residents have requested that the City establish
permit parking on their streets. While reviewing overnight parking on Del Amo
Avenue and Debusk Lane it was noted that Walter Avenue and Raleigh Place
should be considered as well. Therefore all four streets are included in this
recommendation for permit parking in order to provide consistency throughout
the neighborhood.
Public Input:
o Twila White
o Scott Elgin
o Bob Gomez
o Don Whitley
o Jim Brush
o Dolores Gonzalez
o Bill Turnbaugh
o Steven Wander
o Toby Moore
It was moved by Mayor Pro Tern Puckett and seconded by Councilmember
Nielsen that the City Council introduce and have the first reading by title only of
Ordinance No. 1447 and set the second reading for the October 7, 2014 City
Council meeting.
Motion carried: 5-0
ORDINANCE NO. 1447
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n
REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY
11. LETTER OF SUPPORT REGARDING THE TRANSFER OF ORANGE
COUNTY SANITATION DISTRICT LOCAL SEWER AREA #7 TO EAST
ORANGE COUNTY WATER DISTRICT
The East Orange County Water District has submitted a Reorganization
Application with the Orange County Local Area Formation Commission that if
approved will transfer Orange County Sanitation District Local Sewer Area #7 to
East Orange County Water District.
It was moved by Mayor Murray and seconded by Councilmember Nielsen that
the City Council approve the letter of support and authorize the Mayor to sign
City Council and Successor Agency September 16, 2014
Minutes Page 9 of 13
the letter on behalf of the City.
Motion carried: 5-0
OTHER BUSINESS/COMMITTEE REPORTS
COUNCILMEMBER BERNSTEIN
Attended the Bocce Ball Court grand opening at Peppertree Park
September 4
o Attended the Orange County Tax "Radishes and Roses" event
September 5
o Attended the Water Advisory Committee of Orange County meeting
September 6
o Attended the Pasta Fest at the Senior Center
Met with Elizabeth Binsack regarding the Tustin Legacy update
Reminded all that the City is hosting a Water Forum on September 30
Attended first meeting as Commissioner for Orange County Local Agency Formation
Commission
September 11
o Attended the 9/11 memorial service at City Hall
September 13
o Attended the Tustin employee picnic
Provided an update on the West Nile virus
Announced the 'Courage to Remember" exhibit will be held at the Tustin library on
October 24 through November 3
COUNCILMEMBER GOMEZ
September 5
o Attended the Tustin/Foothill high school football game
September 6
o Attended the 3`d Annual Pasta Fest at the Senior Center; raised over $2,000;
thanked volunteers who helped serve the meal
City Council and Successor Agency September 16, 2014
Minutes Page 10 of 13
September 8
o Attended the Orange County Chapter of the National Women's Caucus; keynote
speaker was Betty Yee
September 10
o Attended the Senior Advisory Board annual retreat; joined for the lunch segment
at Mrs. Knott's Chicken Restaurant
September 11
o Attended the 9/11 remembrance ceremony at City Hall; thanked Assemblyman
Don Wagner and Supervisor Todd Spitzer's office for attending
September 13
o Attended the Tustin employee picnic; thanked staff for coordinating the events
and food
Encouraged all to apply for a library card
COUNCILMEMBER NIELSEN
September 3
o Attended the Orange County Sanitation District Operations Committee; thanked
those who are involved in recycling water
September 11
o Attended the 9/11 remembrance ceremony at City Hall; thanked Chief Celano
and the Police Department
September 13
o Attended the Tustin employee picnic; thanked Derick Yasuda and colleagues
September 16
o Attended the Orange County Boy Scouts Board of Directors meeting
September 16
o Attended the volunteer luncheon at the Orange County Sanitation District
MAYOR PRO TEM PUCKETT
September 3 •
o Attended the 2nd "Coffee with a Cop"
o Attended the Bocce Ball Courts grand opening
September 9
o Attended a Mobility VIP reception event at the House of Blues in Anaheim
City Council and Successor Agency September 16, 2014
Minutes Page 11 of 13
September 6
o Attended the Pasta Fest at the Senior Center
o Wished his mom a happy birthday who would have been 99
September 10
o Attended the Transportation Corridor Agencies Joint Toll Ad Hoc Committee
meeting
September 11
o Attended the Transportation Corridor Agencies board meeting
o Attended the 9/11 remembrance ceremony at city hall; thanked Chief Celano and
the Police Department
September 13
o Attended the Tustin employee picnic
Wished his granddaughter a happy birthday
Thanked staff for their efforts for the employee picnic
Announced the Senior Center will celebrate their 25th anniversary
Announced Tiller Days is October 3-5
111
MAYOR MURRAY
Committee Reports
September 5
o Attended the Mobility 21 seminar at Disney Hotel; discussed transportation
issues and solutions; keynote speakers were Assemblyman Steiner and Los
Angeles Mayor Garcetti
September 8
o Attended the Orange County Transportation Authority board meeting
September 9
o Attended a breakfast meeting with the Interim Chief of the Orange County Fire
Authority Jeff Bowman and Communications Director Sandy Cooney
September 10
o Attended the Orange County Fire Authority Budget and Finance Committee
meeting
City Council and Successor Agency September 16, 2014
Minutes Page 12 of 13
September 14
o Toured the Silverado fire area by helicopter with 3rd District Supervisor Todd
Spitzer and Division Chief Chris Concepcion
September 15
o Attended the Orange County Transportation Authority Regional Planning and
Highways meeting and LOSSANS Board meeting
City Activities
September 3
o Attended "Coffee with a Cop"
o Attended the Bocce Ball Courts ribbon cutting
September 10
o Attended the Tustin Chamber Breakfast; acknowledged Officer Roque and
Detective Sandoval for their outstanding police work
September 11
o Attended the 9/11 Tustin ceremony and tribute to all those who lost their lives on
9/11; thanked public safety heroes and the military; thanked Assemblyman
Wagner for attending
September 13
o Attended the Tustin City Employee Appreciation Picnic at Cedar Grove Park
September 14
o Attended the Loom a Thon 2 for SuperMax with my daughter Emily at Peppertree
Park; presented a Certificate of Recognition from the Tustin City Council
Announced the Acting Director of Human Resources Derick Yasuda new nickname is
"Sliderman"
Announced the Senior Center will celebrate their 25th anniversary
Announced the Downtown Commercial workshop will be held on October 1
ADJOURNED at 9:09 p.m. The next meeting is scheduled for Tuesday, October 7, 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. �
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Ate)L-
' ELWYN A: MURRAY, ;
Mayor JEFjF E C. PARKER,
CO Clerk
City Council and Successor Agency September 16, 2014
Minutes Page 13 of 13