HomeMy WebLinkAbout02 CC MINUTES 8.18.15CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
AND THE TUSTIN HOUSING AUTHORITY
John Nielsen, Mayor Pro Tem
Rebecca Gomez, Councilmember
Al Murray, Councilmember
Dr. Allan Bernstein, Councilmember
•
Charles E. Puckett, Mayor
Agenda Item 2
Reviewed:
City Manager ER
Finance Director N/A
AUGUST 18, 2015
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
Jeffrey C. Parker, City Manager
David E. Kendig, City Attorney
Jeffrey C. Parker, City Clerk
Pamela Arends-King, City Treasurer
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
THE TUSTIN HOUSING AUTHORITY
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2374 at 5:33 p.m.
ATTENDANCE
Present: Mayor Pro Tem John Nielsen and Councilmembers Rebecca "Beckie"
Gomez and Dr. Allan Bernstein
Absent: Mayor Charles E. "Chuck" Puckett and Councilmember Al Murray
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
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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
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
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
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Buchanan, Deputy Director Economic
Development
Negotiating Parties David Binswanger, LPC Commercial
Under Negotiation Price and Terms of Payment
RECESSED at 5:35 p.m.
Councilmember Murray arrived at 5:50 p.m.
RECONVENED at 7:07 p.m.
REGULAR MEETING OF THE CITY COUNCIL AND
THE TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2374 at 7:07 p.m.
INVOCATION — Jim Palmer, President and CEO of the Orange County Rescue Mission
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Nielsen
ROLL CALL — City Clerk
Present: Mayor Pro Tem John Nielsen and Councilmembers Rebecca "Beckie"
Gomez, Al Murray and Dr. Allan Bernstein
Absent: Mayor Charles E. "Chuck" Puckett
City Clerk: Jeffrey C. Parker, City Clerk
Others Present: David E. Kendig, City Attorney
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council
unanimously denied the following claims: Claim of Elva Nava, Claim No. 14-30, Claim of
Charles Kushell, Claim No. 15-08, Claim of Joey Okino, Claim No. 15-13, Claim of Julia
Mulvihill, Claim No. 15-14, Claim of Emiliana Leon, Claim No. 15-15, Claim of David
Vasquez -Gomez, Claim No. 15-17, Claim of Florentino Chavez, Claim No. 15-18. Other
than that, the City Council took no reportable action.
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PRESENTATION —
o Mayor Pro Tem Nielsen presented a Certificate of Recognition on behalf of the City
Council and a Certificate of Recognition on behalf of Congresswoman Mimi Walters
to Dr. Janell Reid, Dr. Linda Farrow and Dr. Sneha Hinduja from the Tustin Hearing
Center for their contributions in providing hearing services to athletes at the 2015
Special Olympics World Summer Games.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Johnny Johnson
CONSENT CALENDAR ITEMS 1-10
It was moved by Councilmember Murray and seconded by Councilmember Bernstein to
pull Items 8 and 10 and approve the balance as recommended by staff.
Motion carried: 4-0
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.
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
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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.
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
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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:
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,
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
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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.
It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember
Murray to direct staff to forward the attached response letter to the City of Santa
Ana.
Motion carried: 4-0
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
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)
Mayor Pro Tem Nielsen recused himself due to a potential conflict in real
property interest.
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
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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
It was moved by Councilmember Bernstein and seconded by Councilmember
Gomez to 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.
Motion carried: 3-0-1
Mayor Pro Tem Nielsen returned to the dais.
REGULAR BUSINESS ITEM 11
11. CO-SPONSORSHIP OF 2015 ORANGE COUNTY STAND DOWN AND
VETERANS RESOURCE EXPO
Public Input: Jim Palmer, President and CEO of the Orange County Rescue
Mission
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.
It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem
Nielsen to appropriate up to $5,000 from the General Fund Reserve account
and approve Option No. 3 which includes the following:
o The City provides permission to identify this as an official event. City
officials and staff support in the planning, promotion, and attendance of
the event.
o The City does not collect fees for any City permits/inspections. The City
waives rental fee of facility (Min. $4-5K) and waives collection of security
deposit (Typ. $5-10K).
o The City pays for overtime (i.e. Police and traffic control), consultants (i.e.
third -party reviews of plans), equipment (i.e. generator rentals for hangar
doors, hangar caretaker overtime, etc.).
Motion carried: 4-0
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OTHER BUSINESS/COMMITTEE REPORTS
CITY MANAGER JEFFREY C. PARKER
Wished Councilmember Bernstein a happy birthday
COUNCILMEMBER MURRAY
Requested that staff provide a report to Council regarding the City's preparation for
'Godzilla' EI Nino
CITY ATTORNEY DAVID E. KENDIG
Wished Councilmember Bernstein a happy birthday
COUNCILMEMBER BERNSTEIN
August 6
o Attended the Orange County Fair Community Flag Raising for the City of Tustin
August 7
o Attended the Water Advisory Committee of Orange County meeting; discussed
preparation for `Godzilla' EI Nino
Attended a special meeting of the Orange County Mosquito and Vector Control;
announced General Manager Michael G. Hearst is retiring and recruitment for his position
is in the process
August 14
o Attended the Association of California Water Agencies (ACWA) Region 10
Program; discussed desalination; presentation regarding the drought; discussed
preparation for'Godzilla' EI Nino
Attended the Enderle Center Classic Auto Show; wished Al Enderle a speedy recovery
Thanked colleagues for support regarding the 2015 Orange County Stand Down and
Veterans Resource Expo
Announced the City's Water Expo will be held on September 19, 2015 at Peppertree Park
Provided an update on the West Nile virus; thanked City staff and the Orange County
Mosquito and Vector Control; provided an update regarding spraying in city parks
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Announced that the City Council will adjourn in memory of Mayor Puckett's brother Marty
Puckett; expressed condolences to the family
COUNCILMEMBER GOMEZ
August 6
o Attended the Orange County Fair Community Flag Raising for the City of Tustin;
well attended by the majority of City Council, Commissioners, Senior Advisory
Board and City staff; Tustin High School Dance Team was also in attendance
August 13
o Attended the Tustin American Association of University Women Summer Social
August 14
o Announced the Orange County Senior Advisory Council met in Irvine; keynote
speaker discussed housing options for the mentally ill in the county; announced the
South County Veterans Summit will be held on November 6, 2015 at Saddleback
College
August 14
o Attended the luau at the Senior Center
Announced Broadway in the Park will begin on August 18, 2015; sponsored by the Tustin
Area Council for Fine Arts; current production is Kiss Me Kate which will run through
August 22, 2015 at Peppertree Park
Announced the City's Water Expo will be held on September 19, 2015 at Peppertree Park
Announced the Tustin Area Senior Center Resource Fair will be held on November 6,
2015
Reported that the City's new website has been well received by the community and she
has received positive comments
COUNCILMEMBER MURRAY
August 10
o Attended the Orange County Transportation Authority Board of Directors meeting
August 12
o Attended the Tustin Chamber of Commerce breakfast; congratulated Officer of the
Month for June and July; thanked Chief Celano for the great work
o Attended the Orange County Fire Authority Budget and Finance meeting
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August 13
o Attended the Orange County Transportation Authority Transit Committee meeting;
approved the initial offering for the Santa Ana -Garden Grove Rail project
August 17
o Attended the Los Angeles—San Diego—San Luis Obispo Rail Corridor (LOSSAN
Corridor) Board of Directors meeting
August 18
o Attended the Orange County Forum Angels Baseball Annual Luncheon; keynote
speakers were Vice President of Communications Tim Mead and Pitcher Huston
Street
Mentioned that Kathy McCarroll from Heroes and Healthy Families Project would be a
great resource for the 2015 Orange County Stand Down and Veterans Resource Expo
Wished Al Enderle and Dr. Bernstein's wife speedy recoveries
Expressed condolences to Mayor Puckett and his family for the loss of his brother
MAYOR PRO TEM NIELSEN
Complimented the City's new website; thanked Assistant to the City Manager Matthew S.
West for his hard work
Commented on the City Council's summer attire
August 6
o Attended the Southern California Association of Governments meeting; reviewed
the Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS)
o Attended the Orange County Fair Community Flag Raising for the City of Tustin
August 12
o Attended the Orange County Local Agency Formation Commission meeting
August 14
o Attended a plant tour at the Orange County Sanitation District for Senator John
Moorlach
Attended the Enderle Center Classic Auto Show
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ADJOURNED IN MEMORY OF
MARTY PUCKETT
DRAGON KIM
JUSTIN LEE
ADJOURNED at 8:04 p.m. 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.
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