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HomeMy WebLinkAbout00 CC AGENDA 8.9.17 CITY OF TUSTIN SPECIAL AUGUST 9, 2017 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Al Murray, Mayor Pro Tem Jeffrey C. Parker, City Manager Rebecca Gomez, Councilmember Dr. Allan Bernstein, Mayor David E. Kendig, City Attorney Charles E. Puckett, Councilmember Erica N. Rabe, City Clerk Letitia Clark, Councilmember Jeffrey C. Parker, City Treasurer SPECIAL CLOSED SESSION MEETING - 5:05 P.M. CALL TO ORDER ROLL CALL— City Clerk PUBLIC INPUT — Members of the public may address the City Council on items on the Closed Session Meeting agenda. CLOSED SESSION UPDATE — City Attorney David E. Kendig 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 — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — (1 case) Property 434-021-22 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & Matthew S. West, Deputy City Manager Negotiating Parties Jeffrey Axtell, Vice President Acquisitions and Development, Vestar Development Company 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. Under Negotiation Price and Terms of Payment SPECIAL MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE —Councilmember Murray CLOSED SESSION REPORT— City Attorney David E. Kendig ORAL COMMUNICATION/PUBLIC INPUT — At this time, any member of the public may address the Council on matters which are not on this evening's agenda, provided the matter is within the subject matter jurisdiction of the City Council. In addition, this is the opportunity for the public to address items on the closed session agenda. REGULAR BUSINESS ITEM 1. AGREEMENT WITH VESTAR/KIMCO TO ISSUE CERTIFICATE OF COMPLIANCE Vestar/Kimco Tustin, L.P. ("Vesta r/Ki m co") has proposed an agreement to provide the City with a letter of credit guaranteeing completion of certain infrastructure improvements in exchange for issuance by the City of a "certificate of completion" under the terms of Vestar/Kimco's existing Development and Disposition Agreement with the City. Recommendation: That the City Council: 1. Approve and authorize the Mayor to execute the Agreement and Escrow Instructions, subject to any non-substantive corrections or revisions as approved by the City Manager and City Attorney; and 2. Authorize the City Manager or his designee to take any actions and sign any documents approved as to form by the City Attorney as may be necessary to implement the intent of Agreement and Escrow Instructions, including but not limited to additional escrow instructions. ADJOURNMENT — The next meeting is scheduled for Tuesday, August 15, 2017 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 August 9, 2017 Special Meeting Agenda Page 2 of 2