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Home My WebLink About02 CC MINUTES 12.16.14Agenda Item 2 Reviewed: City Manager 4K Finance Director N/A MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN DECEMBER 16, 2014 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2358 at 5:33 p.m. ATTENDANCE Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tern John Nielsen and Councilmembers Al Murray, 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(d4)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. LABOR NEGOTIATIONS [Government Code Section 54957.6] Agency Negotiators: Derick Yasuda, Acting Director of Human City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 1 of 14 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Four Cases 1. 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 2. Property Address /Description Agency City Negotiators Negotiating Parties Under Negotiation 430 - 391 -12, 430 - 391 -09, and 430 - 391 -03 City of Tustin Jeffrey C. Parker, City Manager Tustin Unified School District, represented by Dr. Gregory Franklin, Superintendent Price and Terms of Payment 3. Property APN 430 - 251 -32 Address /Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John A. Buchanan, Deputy Director of Economic Development Negotiating Parties Robert Olson and Blake Evans Under Negotiation Price and Terms of Payment 4. Property Tustin Legacy Disposition Package 1C to include City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 2 of 14 Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association — Management Unit (TPMA) Employee Organization: Tustin Police Officers Association — Officer Unit (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employees Employee Organization: Unrepresented Executive Management and Management Employees Employee Organization: Unrepresented Part-Time Employees 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Four Cases 1. 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 2. Property Address /Description Agency City Negotiators Negotiating Parties Under Negotiation 430 - 391 -12, 430 - 391 -09, and 430 - 391 -03 City of Tustin Jeffrey C. Parker, City Manager Tustin Unified School District, represented by Dr. Gregory Franklin, Superintendent Price and Terms of Payment 3. Property APN 430 - 251 -32 Address /Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John A. Buchanan, Deputy Director of Economic Development Negotiating Parties Robert Olson and Blake Evans Under Negotiation Price and Terms of Payment 4. Property Tustin Legacy Disposition Package 1C to include City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 2 of 14 Address /Description Agency City Negotiators Negotiating Parties Under Negotiation RECESSED at 5:35 p.m. RECONVENED at 7:14 p.m. Lots 1, X and Y of Tract Map 17404 City of Tustin Jeffrey C. Parker, City Manager and John A. Buchanan, Deputy Director of Economic Development Regency Centers, John Meehigan Price and Terms of Payment JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. CALL TO ORDER — Meeting #2358 at 7:14 p.m. INVOCATION — Mayor Pro Tern Nielsen PLEDGE OF ALLEGIANCE — Councilmember Bernstein ROLL CALL — City Clerk Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tern John Nielsen and Councilmembers Al Murray, Rebecca "Beckie" Gomez and Dr. Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney ORAL COMMUNICATION /PUBLIC INPUT — o Dr. Allan Bernstein City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 3 of 14 PRESENTATIONS o Mayor Puckett presented a Certificate of Recognition to the Tustin Community Foundation for being honored as 2014 Top -Rated Nonprofit (by Great Nonprofits) o Mayor Puckett presented a plaque to the outgoing Mayor, Al Murray CONSENT CALENDAR ITEMS 1 -11 It was moved by Councilmember Murray and seconded by Councilmember Bernstein to pull Items 3, 8 and 10 and move the balance as recommended by staff. Motion carried: 5 -0 1. APPROVAL OF MINUTES — JOINT REGULAR MEETING AND SPECIAL MEETING OF THE CITY COUNCIL, THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD ON DECEMBER 2, 2014 Recommendation: That the City Council approve the Action Minutes of the Joint Regular Meeting and Special Meeting of the City Council, the Successor Agency to the Tustin Community Redevelopment Agency and Housing Authority held on December 2, 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 Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amount of $631,063.61 and Demands in the amount of $2,491,190.01. 3. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer /traffic impact fees, and funds expended by the City which satisfy the Maintenance of Effort (MOE). The Orange County Transportation Authority (OCTA) established the MOE benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds; the City's required MOE expenditure is $1,119,535. City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 4 of 14 It was moved by Councilmember Murray and seconded by Councilmember Gomez that the Tustin City Council Adopt Resolution No. 14 -78, adopting the Measure M2 Expenditure Report for Fiscal Year 2013 -2014 and direct staff to file the report with the Orange County Transportation Authority. Motion carried: 5 -0 RESOLUTION NO. 14 -78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, THE ANNUAL MEASURE M2 FAIRSHARE EXPENDITURE REPORT FOR FISCAL YEAR 2013 -2014 4. 2015 LOCAL APPOINTMENTS LIST Prior to December 31st of each year, the Maddy Act requires municipal agencies to prepare and post a listing of all Commission /Committee vacancies for the upcoming year. Recommendation: Approve the 2015 Local Appointments List for the Planning, Community Services, and Audit Commissions and post notice as required by law. 5. ADOPT RESOLUTION NO. 14 -70 ESTABLISHING PRIMA FACIE SPEED LIMITS ON CITY STREETS Adoption of Resolution No. 14 -70 will establish speed limits on certain streets throughout the City of Tustin based upon an engineering and traffic survey as required by the California Vehicle Code. Recommendation: That the City Council adopt Resolution No. 14 -70 establishing Prima Facie Speed Limits on certain streets throughout the City of Tustin. RESOLUTION NO. 14 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS 6. APPROVAL OF CONTINUING DISCLOSURE PROCEDURES FOR PUBLIC DEBT ISSUANCES AND RELATED CONTINUING DISCLOSURE OBLIGATIONS The Security Exchange Commission ( "SEC ") requires all issuers of bonds to prepare initial disclosure documents and file annual continuing disclosure reports so that investors can receive information concerning their decision to purchase the bonds or continue holding the bonds. Adopting continuing disclosure procedures for public debt issuances will ensure the City is in City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 5 of 14 compliance with SEC requirements. Recommendation: That the City Council adopt the attached Continuing Disclosure Procedures related to the City's bonds, Successor Agency to the Tustin Community Redevelopment Agency's bonds, and the Housing Authority's bonds. 7. HOUSING SUCCESSOR AGENCY ANNUAL REPORT FOR FISCAL YEAR 2013 -2014 In accordance with Senate Bill 341's amendments to Health & Safety Code Section ( "HSC ") 34176, the Tustin Housing Authority, serving as the Housing Successor Agency to the former Tustin Community Redevelopment Agency, has prepared an annual report for filing with the Tustin Housing Authority Commission and the Tustin City Council. Recommendation: 1. It is recommended the Tustin Housing Authority Commissioners take the following actions: • Receive and file the Housing Successor Agency Annual Report for Fiscal Year ( "FY ") 2013 -2014 and transmit such report to the Tustin City Council, 2. It is recommended the City Council take the following actions: • Receive and file the Housing Successor's Annual Report for FY 2013- 2014. • Direct that a copy of the Housing Successor Agency Annual Report be posted on the City of Tustin's website at www.tustinca.org 8. ADOPTION OF THE 2015 INVESTMENT POLICY The California Government Code, as amended, requires that Cities annually adopt their Investment Policy. This legislative action was in response to the Orange County bankruptcy. It requires the elected body and the Treasurer to review the existing Investment Policy at least annually and confirm its content at a public meeting and annually delegate authority to invest. It was moved by Councilmember Murray and seconded by Mayor Pro Tern Nielsen that the City Council adopt the City of Tustin Investment Policy for calendar year 2015. Motion carried: 5 -0 City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 6 of 14 9. RECOMMENDATION OF THE FINANCE DIRECTOR'S RE- APPOINTMENT AS THE CITY TREASURER City Council is asked to consider the recommendation to re- appoint the Finance Director as the City Treasurer for calendar year 2015. Recommendation: That the City Council accept the City Manager's recommendation to re- appoint the Finance Director as the City Treasurer, who shall be responsible for investing City funds in accordance with the City's Investment Policy that is adopted by the City Council annually. 10. DISPOSITION PACKAGE 1C WEST - 2nd AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH REGENCY CENTERS ACQUISITIONS, LLC. Mayor Pro Tern Nielsen recused himself due to a potential conflict of interest in real property. Approval is requested to amend the ENA with Regency Centers Acquisition, LLC (Developer) by modifying the negotiation schedule, the Good Faith Deposit, a deposit to offset City staff expenses during the negotiation period, and a non - refundable deposit for extending negotiations. It was moved by Councilmember Bernstein and seconded by Mayor Puckett to authorize the City Manager to execute the attached 2nd Amendment to the ENA between the City and Regency Centers Acquisition, LLC subject to any non - substantive modifications as may be deemed necessary and /or recommended by the City's special real estate counsel or the City Attorney. Motion carried: 4 -0 -1 Mayor Pro Tern Nielsen returned to the dais 11. COMMUNITY DEVELOPMENT DEPARTMENT (CDD) OFFICE RECONFIGURATION - ADDITIONAL APPROPRIATION OF FUNDS The City Council appropriated Fiscal Year 2014 -15 funds for the Community Development Department office reconfiguration in the amount of $120,000 for cubicles, interior windows and filing room improvements. During the planning process, a high density filing system, similar to the one installed at the City Clerk's office, was deemed desirable for its long -term efficiency and capacity. In addition, the work stations facing the lobby area, which include the Building Technicians, Planner of the Day, and Public Works Executive Assistant area, would also be improved for better function, efficiency and work environment, if authorized by the City Council. Recommendation: That the City Council authorize an additional appropriation City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 7 of 14 in the amount of $68,000 to supplement the CDD office reconfiguration and filing system by minute action. REGULAR BUSINESS ITEMS 12 -14 12. GRANT APPLICATION TO THE NATIONAL ENDOWMENT FOR THE ARTS TO PARTLY FUND THE TUSTIN PIONEERS RECOGNITION PROGRAM On August 5, 2014, the City Council approved the Program Guidelines for the Tustin Pioneers Recognition Program (Bronze Busts Program) and directed staff to obtain necessary proposals from artists and manufacturers, consult with the Ad -hoc review committee to select an artist and manufacturer, determine the proposed budget and bring back the item for City Council review and approval. The Ad -hoc review committee reviewed three (3) proposals on December 1, 2014, requested additional information, agreed to seek private donations for the bronze busts, and recommended that the City allocate $15,000 to fund the construction and installation of the pedestals. As part of the budget development process for the Tustin Pioneers Recognition Program, staff researched grants that are available from the National Endowment for the Arts (NEA). One of the NEA programs, called "Our Town" provides grants for creative place making projects that help to make communities more lively, beautiful and resilient, with arts at their core. Public art, such as the bronze busts proposed through the Tustin Pioneers Recognition Program, is one type of art that is eligible for grant funding through the "Our Town" Program. The grants require a 1:1 match and range from $25,000 to $200,000. Council authorization is requested for the submittal of the grant application to the NEA. It was moved by Councilmember Bernstein and seconded by Mayor Pro Tern Nielsen to: Adopt Resolution No. 14 -81, authorizing the submittal of a grant application for the "Our Town" Program to the NEA, in the amount of $25,000; and 2. Allocate funds of up to $15,000 for the construction and installation of the first three (3) pedestals for the bronze busts; contingent upon receiving the grant funding. Motion carried: 5 -0 RESOLUTION NO. 14 -81 City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 8 of 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE NATIONAL ENDOWMENT FOR THE ARTS FOR THE OUR TOWN PROGRAM 13. CONVEY CITY -OWNED PROPERTIES AT 14741 AND 14751 NEWPORT AVENUE TO THE ORANGE COUNTY RESCUE MISSION FOR HOMELESS VETERANS' HOUSING Approval is requested to convey two (2) City -owned fourplexes at 14741 and 14751 Newport Avenue to the Orange County Rescue Mission ( "OCRM ") for homeless Veterans' housing. Public Input: o Jim Palmer o Stephen Young o Jeff Stea o Rob Jewel o Robert Brower It was moved by Councilmember Bernstein and seconded by Councilmember Murray that the City Council take the following actions: 1. Direct the City Manager to finalize and execute a Purchase and Sale Agreement, Deed Restrictions, Easement, Promissory Note and any other documents consistent with the Terms of Conveyance outlined in Exhibit A; 2. Direct the City Manager to prepare all documents and take all actions necessary to implement this transaction with OCRM; and 3. Determine that the conveyance of the property and facilities for use as Veterans housing is exempt from the California Environmental Quality Act pursuant to Categorical Exemption Class 1. Motion carried: 5 -0 14. 2015 MAYORAL APPOINTMENTS TO COMMITTEES Annually, following selection of the Mayor, the Mayor appoints those members of the City Council who will serve on various City and Regional committees. It was moved by Mayor Pro Tern Nielsen and seconded by Councilmember Bernstein to: City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 9 of 14 1. Confirm the attached appointments as recommended by the Mayor with the following revisions: appointing Mayor Puckett and Mayor Pro Tern Nielsen (alternate) to the Santa Ana/Tustin Joint Powers Agency (TSIA) and Councilmember Murray and Mayor Pro Tern Nielsen (alternate) as the Tustin Unified School District Liaison; and 2. Adopt FPPC Form 806: Agency Report of Public Official Appointments and direct staff to post on the City's website. Motion carried: 5 -0 OTHER BUSINESS /COMMITTEE REPORTS CITY MANAGER JEFFREY C. PARKER Announced City Hall will be closed for the holidays during December 24 through January 5; the Police Department and water billing will be available Announced the Ad Hoc Committee, consisting of Mayor Pro Tern Nielsen and Councilmember Gomez, will make a recommendation to the City Council at the January 20 meeting regarding the proposed dates the City will utilize at the Tustin Marketplace Community Center CLOSED SESSION REPORT — David E. Kendig: The Council took no reportable action. CITY ATTORNEY DAVID E. KENDIG Wished all a joyous holiday season and a Happy New Year COUNCILMEMBER BERNSTEIN December 4 o Attended the Downtown Commerical Core Workshop; thanked Director of Community Development Elizabeth Binsack and staff December 5 o Attended the Christmas Tree lighting; thanked Director of Parks and Recreation Dave Wilson December 8 o Attended the swearing in of the re- elected Tustin Unified School District Board Members; congratulated Jonathan Abelove and Lynn Davis December 10 o Attended the Orange County Local Agency Formation Commission (LAFCO) City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 10 of 14 meeting; sworn in as an official member December 11 o Attended a policy briefing by the Association of California Cities of Orange County December.12 o Attended the Water Advisory Committee meeting Announced the Menorah lighting will be held on December 21 in the library courtyard Looking forward to serving on the Council for the next two years Wished colleagues, staff, family and friends a Happy Hanukkah, Merry Christmas and a Happy New Year COUNCILMEMBER GOMEZ November 20 o Attended the Mayor's Prayer breakfast sponsored by the Tustin Community Foundation o Attended the grand opening of the Amalfi apartments December 8 o Attended the swearing in of Jonathan Abelove and Lynn Davis for their re- election to the Tustin Unified School District Board o Thanked Nancy Lev for her years of dedication serving as the Principal at Thorman Elementary and the Director, Elementary Education December 11 o Attended the Association of California Cities of Orange County meeting and training which covered ethics and harassment training December 15 o Attended the Senior Center volunteer dinner Wished all Happy Holidays and Happy New Year to Tustin residents COUNCILMEMBER MURRAY Committee reports December 4 o Attended the Orange County Fire Authority Board of Directors meeting City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 11 of 14 December 10 o Attended the Orange County Fire Authority Academy graduation ceremony December 13 o Attended the Orange County Fire Authority Reserve Academy graduation ceremony December 5 o Attended the Orange County Transportation Authority 91 Advisory meeting December 8 o Attended the Orange County Transporation Authority Board of Directors meeting December 16 o Attended the swearing in ceremony for the City of Irvine Mayor and Councilmember December 16 o Attended the Orange County Transportation Authority staff meeting City Events December 5 o Attended the City's tree lighting ceremony December 13 o Attended the Orange County Rescue Mission's "Magic at The Mission" event MAYOR PRO TEM NIELSEN Attended the Orange County Sanitation District Steering Committee meeting November 19 o Attended the Orange County Sanitation District Board of Directors meeting December 3 o Attended the Orange County Sanitation District Operations Committee meeting December 10 o Attended the Orange County Sanitation District Administrative Committee meeting December 11 o Attended the ceremony for the completion fo the Santa Ana River Mainstream Project - (SARI) Line City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 12 of 14 Complimented Director of Community Development Elizabeth Binsack and staff for the Downtown Commerical Core Workshop December 5 o Attended the City's tree lighting ceremony Congratulated Councilmember Bernstein on his appointment to the Orange County Local Agency Formation Commission (LAFCO) Wished all a Merry Christmas, Happy New Year and a Happy New Year COUNCILMEMBER MURRAY Wished all Happy Holidays, Happy Hanukkah, and a Happy New Year CITY MANAGER JEFFREY C. PARKER Announced the parking lot is open at the District Announced the United States Congress passed the budget which provided confirmation that the money is still available in regards to the Army Depot location; should receive final documentation by the end of January; thanked Assistant to the City Manager Matt West and Senator Boxer's office Wished all Happy Holidays MAYOR PUCKETT Attended the Transporation Corridor Agencies Ad Hoc Committee meeting Attended the Downtown Commerical Core Workshop Attended the Christmas Tree lighting ceremony Attended the swearing in of Jonathan Abelove and Lynn Davis for their re- election to the Tustin Unified School District Board Attended the Tustin Chamber of Commerce breakfast; congratulated Deputy Probation Officer Arturo Lopez Attended the Transportation Corridor Agencies Board of Directors meeting Attended the Association of California Cities of Orange County holiday reception City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 13 of 14 Wished all a Merry Christmas, Happy Hanukkah and a Happy New Year ADJOURNED IN MEMORY OF GARY OUSTAD AND SARAH MARIA DUARTE GOMEZ ADJOURNED at 8:13 p.m. The next meeting is scheduled for Tuesday, January 6, 2015 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. City Council, Successor Agency and Housing Authority December 16, 2014 Minutes Page 14 of 14