HomeMy WebLinkAbout00 CC AGENDA 8.18.15 CITY OF TUSTIN REGULAR AUGUST 18, 2015
MEETING OF THE CITY COUNCIL
AND THE TUSTIN HOUSING AUTHORITY COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
John Nielsen, Mayor Pro Tem Jeffrey C. Parker, City Manager
Rebecca Gomez, Councilmember Charles E. Puckett, Mayor David E. Kendig, City Attorney
AI Murray, Councilmember Jeffrey C. Parker, City Clerk
Dr. Allan Bernstein, Councilmember Pamela Arends-King, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2374
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(d4)] — Two Cases
2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
[Government Code § 54956.9(d2)] — Two Cases
3. LIABILITY CLAIMS [Government Code § 54956.95] — Seven Cases
1 . Claim of Elva Nava, Claim No. 14-30
2. Claim of Charles Kushell, Claim No. 15-08
3. Claim of Joey Okino, Claim No. 15-13
4. Claim of Julia Mulvihill, Claim No. 15-14
Please note: Written materials relating to agenda items for an open session regular
meeting of the Council that are distributed to a majority of the Council members less
than 72 hours prior to the meeting are available for public inspection at the following
locations: In the City Clerk's Office during regular business hours and following
business hours (after 5:30 p.m.) in the Council Chamber on the day of the meeting.
5. Claim of Emiliana Leon, Claim No. 15-15
6. Claim of David Vasquez-Gomez, Claim No. 15-17
7. Claim of Florentino Chavez, Claim No. 15-18
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code §
54956.8] — Four Cases
1 . Property 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 Dr.
Gregory Franklin, Superintendent
Under Negotiation Price and Terms of Payment
2. Property 27 Look Out Lane, Tustin; APN: 935-212-21
Address/Description
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager and Jerry Craig,
Economic Development and Housing Manager
Negotiating Parties Anna Marie Carnaggio, Homeowner
Under Negotiation Price and Terms of Payment
3. Property Tustin Legacy Disposition Package 1 C to include
Address/Description Lots 1 , X and Y of Tract Map 17404
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager and John
Buchanan, Deputy Director of Economic
Development
Negotiating Parties Regency Centers, John Meehigan
Under Negotiation Price and Terms of Payment
4. 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 Economic
Development
Negotiating Parties David Binswanger, LPC Commercial
Under Negotiation Price and Terms of Payment
City Council/Housing Authority August 18, 2015
Meeting Agenda Page 2 of 8
REGULAR MEETING OF THE CITY COUNCIL AND
THE TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2374
INVOCATION — Jim Palmer, President and CEO of the Orange County Rescue Mission
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Nielsen
ROLL CALL — City Clerk
CLOSED SESSION REPORT — City Attorney David E. Kendig
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.
PRESENTATIONS —
o Peter Brakke, Chick-fil-A— Christmas in July
o Tustin Hearing Center— 2015 Special Olympics World Summer Games
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 10)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON
THE AGENDA
Recommendation: That the City Council waive reading in full of all ordinances
and resolutions on the agenda and declare that said titles which appear on the
public agenda shall be determined to have been read by title and further reading
waived.
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Meeting Agenda Page 3 of 8
2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL
HELD ON AUGUST 4, 2015
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on August 4, 2015.
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
Agency obligations that are in accordance with the approved budget or
continued operations authorizations.
Recommendation: Approve Payroll in the amount of $744,541 .55 and
Demands in the amount of$2,554,668.23.
4. NOTICE OF DEFAULT — AFFORDABLE HOME LOCATED AT 27 LOOK OUT
LANE
The Tustin Housing Authority ("Authority") is seeking authorization to cure a
homeowner default under the City's Affordable Housing Program in the Tustin
Field I development.
Recommendation: That the Tustin Housing Authority Commission authorize
the Tustin Housing Authority to pursue the City's option to purchase the low
income affordable housing unit at 27 Look Out Lane, prior to expiration of the
statutory default period (September 8, 2015) or any foreclosure sale of the
subject property (on or about September 29, 2015), and also authorize the
Executive Director, or his designee, to execute any required documents, as may
be necessary to implement such action as recommended by the City Attorney.
The price and terms will be discussed in Closed Session.
5. ADOPT RESOLUTION NO. 15-51 AUTHORIZING COMMENCEMENT OF
PROCEEDINGS AND DESIGNATING CONSULTANTS IN CONNECTION
WITH THE PROPOSED REFINANCING OF THE COMMUNITY FACILITIES
DISTRICT No. 07-1 (TUSTIN LEGACY/RETAIL CENTER) SPECIAL TAX
BONDS, SERIES 2015
The City is considering the issuance of special tax refunding bonds to refinance
Community Facilities District No. 07-1 (Tustin Legacy/Retail Center) Special Tax
Bonds, Series 2007 to take advantage of the favorable interest rates and lower
the annual debt service obligations. Resolution No.15-51 authorizes City Staff
to proceed with the preparation of the documents needed for the refinancing,
and designates consultants to assist with the proposed issuance of special tax
refunding bonds.
City Council/Housing Authority August 18, 2015
Meeting Agenda Page 4 of 8
Recommendation: That the City Council adopt Resolution No. 15-51
authorizing the commencement of proceedings and designating consultants in
connection with the proposed issuance of special tax refunding bonds.
RESOLUTION NO. 15-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS
FOR THE ISSUANCE OF SPECIAL TAX REFUNDING BONDS,
DESIGNATING CONSULTANTS AND AUTHORIZING AND DIRECTING
CERTAIN ACTIONS WITH RESPECT THERETO — COMMUNITY FACILITIES
DISTRICT NO. 07-1
6. AWARD CONTRACT FOR THE EDINGER AVENUE WELL - PHASE II
EQUIPPING PROJECT (CIP NO. 60165)
Staff is recommending that the City Council award the construction contract for
the Edinger Avenue Well - Phase II Equipping Project (CIP No. 60165) to the
lowest responsive/responsible bidder, Pacific Hydrotech Corporation.
Recommendation: That the City Council deny the bid protest submitted by
California Building Evaluation and Construction, Inc. and award the construction
contract for the Edinger Avenue Well - Phase II Equipping Project (CIP No.
60165) to the lowest responsive/responsible bidder, Pacific Hydrotech
Corporation in the amount of $4,103,650.00 and authorize the Mayor and the
City Clerk to execute the contract documents on behalf of the City.
7. RESPONSE TO JUNE 29, 2015, ORANGE COUNTY GRAND JURY
REPORTS
Pursuant to California law, the City of Tustin and the Tustin Public Financing
Authority ("TPFA") have prepared responses to submit to the Presiding Judge of
the Orange County Superior Court regarding the following June 29, 2015,
Orange County Grand Jury Reports:
• "Joint Powers Authorities: Issues of Viability, Control, Transparency, and
Solvency";
• "Unfunded Retiree Healthcare Obligations — A Problem for Public
Agencies?"; and
• "Mello-Roos: Perpetual Debt Accumulation and Tax Assessment
Obligation"
Recommendation:
1 . It is recommended the City Council take the following actions:
A. Approve the response to the Orange County Grand Jury Report
entitled — "Joint Powers Authorities: Issues of Viability, Control,
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Transparency, and Solvency" and authorize the Mayor to sign and send
the response to the Presiding Judge of the Orange County Superior
Court;
B. Approve the response to the Orange County Grand Jury Report
entitled — "Unfunded Retiree Healthcare Obligations — A Problem for
Public Agencies?" and authorize the Mayor to sign and send the
response to the Presiding Judge of the Orange County Superior Court;
and
C. Approve the response to the Orange County Grand Jury Report
entitled — "Mello-Roos: Perpetual Debt Accumulation and Tax
Assessment Obligation" and authorize the Mayor to sign and send the
response to the Presiding Judge of the Orange County Superior Court
2. It is recommended the City Council acting as the Tustin Public Financing
Authority Commission approve the response to the Orange County
Grand Jury Report entitled — "Joint Powers Authorities: Issues of Viability,
Control, Transparency, and Solvency" and authorize the Chairman to
sign and send the response to the Presiding Judge of the Orange County
Superior Court.
8. TUSTIN RESPONSE TO DRAFT ENVIRONMENTAL IMPACT REPORT FOR
CITY OF SANTA ANA HERITAGE MIXED USE PROJECT
Tustin City Council concurrence is requested for the City of Tustin's (the City)
response to the Draft Environmental Impact Report (DEIR) for the Heritage
Mixed Use Project in Santa Ana. The proposed project would redevelop an
18.84-acre site at 2001 East Dyer Road and provide 1 ,221 apartments, 12,675
square feet of retail commercial space, 5,415 square feet of restaurant space in
three (3) buildings and 56,000 square feet of office space in a separate two-
story building. The project would require a General Plan Amendment, Zone
Change, a Development Agreement, Site Plan Review approval, and a
Vesting Map.
Recommendation: That the City Council direct staff to forward the attached
response letter to the City of Santa Ana.
9. APPROVAL OF NATIONWIDE RETIREMENT SOLUTIONS, INC.
AGREEMENT FOR CALIFORNIA 457(8) DEFERRED COMPENSATION
PLAN ADMINISTRATIVE SERVICES
Nationwide Retirement Solutions, Inc. (Nationwide) has provided Section 457(b)
deferred compensation plan (457 Plan) administrative services to the City for 15
years. This agreement updates Investment Committee recommendations and
provides employees with reasonable fees.
Recommendation: That the City Council approve the agreement with
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Nationwide for 457 Plan administrative services.
10. ADOPT RESOLUTION NO. 15-53 APPROVING AND AUTHORIZING THE
EXECUTION OF A SECOND SUPPLEMENTAL INDENTURE FOR THE CITY
OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN
LEGACY/COLUMBUS VILLAGES)
The Special Tax Fund for the Community Facilities District 06-1 (Tustin
Legacy/Columbus Villages) has funds in excess of the required debt service
payment. Resolution No.15-53 approves and authorizes the execution of a
second supplemental Indenture allowing the excess funds to be transferred to
the Improvement Fund established under the Indenture so that they can be
used to finance additional Facilities.
RESOLUTION NO. 15-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF
TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN
LEGACY/COLUMBUS VILLAGES), APPROVING AND AUTHORIZING THE
EXECUTION OF A SECOND SUPPLEMENTAL INDENTURE
Recommendation: That the City Council adopt Resolution No. 15-53 approving
and authorizing the execution of a second supplemental Indenture for CFD 06-1
allowing the excess funds in the Special Tax Fund to be transferred to the
Improvement Fund.
REGULAR BUSINESS ITEM
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Item 11)
11. CO-SPONSORSHIP OF 2015 ORANGE COUNTY STAND DOWN AND
VETERANS RESOURCE EXPO
City Council consideration of City co-sponsorship, along with the Orange
County Rescue Mission, of the 2015 Orange County Stand Down and Veterans
Resource Expo at the South Hangar at Tustin Legacy on October 22-25, 2015.
Recommendation: At the pleasure of the City Council.
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Meeting Agenda Page 7 of 8
OTHER BUSINESS/COMMITTEE REPORTS
ADJOURNMENT — The next meeting is scheduled for Tuesday, September 15, 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.
The Regular Business Meeting of the City Council scheduled on Tuesday, September 1,
2015 has been cancelled due to a lack of quorum.
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