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Home My WebLink About00 CC AGENDA 9-21-10 CITY OF TUSTIN SEPTEMBER 21, 2010 JOINT REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL AND REDEVELOPMENT 300 CENTENNIAL WAY, TUSTIN AGENCY John Nielsen, Mayor Pro Tem William A. Huston, City Manager Doug Davert, Councilmember Douglas Holland, City Attorney Jim Palmer, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk Deborah Gavello, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER – Meeting #2247 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 – EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] – Two Cases 2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] – Two Cases 3. PUBLIC EMPLOYEE APPOINTMENT [Cal. Gov’t Code Section 54957(b)(1)] Title: City Manager 4. CONFERENCE WITH LABOR NEGOTIATORS [Cal. Gov’t Code sec. 54957.6] City Designated Representatives: Kristi Recchia, Director of Human Resources; Teri Black, Teri Black & Co. Unrepresented Employee: City Manager 5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Govt. Code § 54956.9(a)] – One Case NOTE: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk’s office located at 300 Centennial Way, Tustin, CA during normal business hours. ? Tustin Unified School District v. City of Tustin et al., Case No. 30-2010- 00345476, Orange County Superior Court 6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION pursuant to Government Code Section 54956.9(a) – Zierer v. City of Tustin, Orange County Superior Court Case No. 30-2009 00294260 JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. CALL TO ORDER – Meeting #2247 INVOCATION – Mayor Amante PLEDGE OF ALLEGIANCE – Councilmember Gavello ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney Holland PRESENTATIONS ? Camp Fire Girls, (Michelle Pelliccino, Interim Executive Director, Renee Martinez, Assistant Director, Teen & Family Programs) ? Tustin Metrolink parking lot (Laura Cross, OCTA) 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. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. PUBLIC HEARING ITEMS A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Items 1 and 2) 1. TENTATIVE PARCEL MAP 2008-138, DESIGN REVIEW 08-011, AND CONDITIONAL USE PERMIT 08-017 City Council/Redevelopment Agency September 21, 2010 Meeting Agenda Page 2 of 11 Tentative Parcel Map 2008-138 is a request to subdivide an existing 1.075 gross acres parcel into two (2) new parcels to accommodate a single family residence on each parcel. Design Review 08-011 is to evaluate the aesthetics of and authorize the proposed new construction. Conditional Use Permit 08-017 is for a proposed guest house above a new detached garage on Parcel 2 located at 14611 Prospect Avenue. On August 24, 2010 and after public input, the Planning Commission adopted Resolution Nos. 4153, 4154, and 4155 recommending that the City Council approve the proposed project. PROPERTY OWNERS/ Tony Barkozia Noel Prendergast APPLICANTS: 17872 Theodora Dr. 2510 Bungalow Place Tustin, CA 92780 Corona Del Mar, CA 92625 PROJECT LOCATION: 14611 Prospect Avenue Recommendation: That the City Council: 1. Adopt Resolution No. 10-87 finding that the Negative Declaration is adequate for Tentative Parcel Map 2008-138, Design Review 08-011 and Conditional Use Permit 08-017 for the proposed project. 2. Adopt Resolution No. 10-88 approving Tentative Parcel Map 2008-138 to subdivide an existing parcel into two (2) new parcels to accommodate a single family residence on each parcel. 3. Adopt Resolution No. 10-89 approving Design Review 08-011 and Conditional Use Permit 08-017 to construct an addition and guest house to an existing single family historic residence on proposed Parcel 2 of TPM 2008-138 (14611 Prospect Avenue); and construct a new single family residence on Parcel 1 (14702 Iverness Way) of TPM 2008-138. RESOLUTION NO. 10-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING THE NEGATIVE DECLARATION FOR TENTATIVE PARCEL MAP 2008-138, DESIGN REVIEW 08-011, AND CONDITIONAL USE PERMIT 08-017 TO SUBDIVIDE AN EXISTING PARCEL LOCATED AT 14611 PROSPECT AVENUE INTO TWO (2) NEW PARCELS WHICH WOULD EACH ACCOMMODATE A SINGLE FAMILY DWELLING RESOLUTION NO. 10-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 2008-138 TO SUBDIVIDE AN EXISTING PARCEL LOCATED AT 14611 PROSPECT AVENUE INTO TWO (2) NEW PARCELS WHICH WOULD EACH ACCOMMODATE A SINGLE FAMILY DWELLING RESOLUTION NO. 10-89 City Council/Redevelopment Agency September 21, 2010 Meeting Agenda Page 3 of 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 08-011 AND CONDITIONAL USE PERMIT 08-017 TO CONSTRUCT AN ADDITION AND GUEST HOUSE TO AN EXISTING SINGLE FAMILY HISTORIC RESIDENCE ON PROPOSED PARCEL 2 OF TPM 2008-138 (14611 PROSPECT AVENUE); AND CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON PARCEL 1 (14702 IVERNESS WAY) OF TPM 2008-138 2. FIFTH AMENDMENT TO TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT 04-02 (RETAIL DEVELOPMENT) AND FIFTH AMENDMENT TO THE INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT A Public Hearing had been scheduled for the City Council to consider approval of a Fifth Amendment to the Tustin Legacy Disposition and Development Agreement (Retail Development) ("DDA") and a Fifth Amendment to the Infrastructure Construction and Payment Agreement ("ICPA") between the City of Tustin and Vestar/Kimco Tustin, L.P. ("Developer") as the amendments affect The District at Tustin Legacy. Recommendation: That the City Council continue the public hearing on this item to the next scheduled meeting on October 5, 2010. 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 3 through 14) 3. APPROVAL OF MINUTES – REGULAR MEETING OF THE JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON SEPTEMBER 7, 2010 AND SPECIAL MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 10, 2010 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on September 7, 2010 and the Special Meeting of the City Council held on September 10, 2010. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $7,991.72 and $614,031.00; and Payroll in the amount of $683,052.43. 5. 2010 BIENNIAL CONFLICT OF INTEREST REVIEW City Council/Redevelopment Agency September 21, 2010 Meeting Agenda Page 4 of 11 Biennially the City is required to review the list of designated positions in the Conflict of Interest Code. Recommendation: Adopt Resolution No. 10-96 modifying the Appendix (Designated Positions) contained in the City's Conflict of Interest Code. RESOLUTION NO. 10-96 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. 08-81 6. REDEVELOPMENT AGENCY 2010 BIENNIAL CONFLICT OF INTEREST CODE REVIEW Biennially, the Redevelopment Agency and City are required to review the designated positions required to file a Conflict of Interest Statement. Recommendation: Adopt RDA Resolution No. RDA 10-10 modifying the Appendix (Designated Positions) contained in the Conflict of Interest Code and deleting the position of Senior Project Manager. RDA RESOLUTION NO. 10-10 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND REPEALING RDA RESOLUTION NO. 08- 05 7. PERSONNEL RULES REVISION Minor revisions are needed to update the City's Personnel Rules. Recommendation: Adopt Resolution No. 10-94 to update and revise the City's Personnel Rules. RESOLUTION NO. 10-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REVISED PERSONNEL RULES OF THE CITY OF TUSTIN 8. RESOLUTION SUPPORTING "BUSINESS FRIENDLY PRINCIPLES" The Southern California Association of Governments (SCAG) has requested that all cities within the SCAG region adopt a resolution of support for "Business Friendly Principles" to demonstrate to State leaders that Southern California communities are committed to working cooperatively to keep businesses within City Council/Redevelopment Agency September 21, 2010 Meeting Agenda Page 5 of 11 California and to find ways to reduce or remove economic impediments to growth. Recommendation: That the Tustin City Council adopt Resolution No. 10-93 in support of "Business Friendly Principles" as part of SCAG's development of a Southern California Economic Growth Strategy. RESOLUTION NO. 10-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, IN SUPPORT OF "BUSINESS FRIENDLY PRINCIPLES" AS PART OF SCAG'S DEVELOPMENT OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY 9. LICENSE AGREEMENT FOR USE OF PARKING SPACES AT THE TUSTIN MAIN STREET RESERVOIR PARKING LOT Council approval is requested of a license agreement to permit the non- exclusive use of eight (8) parking spaces owned by the City of Tustin located at the Tustin Main Street Water Reservoir parking lot at the southeast corner of Prospect Avenue and Third Street. Recommendation: That the City Council approve and authorize the City Manager and/or Assistant City Manager to execute a License Agreement for Parking by and between the City of Tustin and Silverado Senior Living Tustin, Inc. for the non-exclusive use of eight (8) parking spaces owned by the City of Tustin at the Tustin Main Street Reservoir parking lot. 10. SECOND READING OF ORDINANCE NO. 1388 AND APPROVAL OF RESOLUTION 10-92 – TRANSPARENCY IN CITY GOVERNMENT Ordinance No. 1388 proposes to .add a new Tustin City Code Section 1211 regarding transparency in city government. In effect, the Ordinance would require that certain public reports, forms, city documents, and financial information identified in a City Council Resolution be made publically available online, and that online links to the documents and information be centralized on the City's web site. Resolution 10-92 would implement Ordinance 1388 by establishing a centralized "Transparency in City Government" webpage containing links to a list of key public reports, forms, city documents, and financial information that would be available for review online, 24 hours per day. Recommendation: Have second reading by title only and adoption of Ordinance No. 1388 (roll call vote) and approval of Resolution 10-92. ORDINANCE NO. 1388 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTION 1211 RELATING TO TRANSPARENCY IN CITY GOVERNMENT City Council/Redevelopment Agency September 21, 2010 Meeting Agenda Page 6 of 11 WEB PAGE. RESOLUTION NO. 10-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REGARDING ENSURING TRANSPARENCY IN CITY GOVERNMENT. 11. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION FOR THE JAMBOREE ROAD REHABILITATION PROJECT, CIP NO. 70194 Construction of the Jamboree Road Pavement Rehabilitation between 2,750 feet north of Tustin Ranch Road and north City Limits CIP No. 70194 has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: That the City Council take the following actions: 1. Adopt Resolution No. 10-86 accepting the construction of the Jamboree Road Pavement Rehabilitation between 2,750 feet north of Tustin Ranch Road and north City Limits CIP No. 70194; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 10-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE JAMBOREE ROAD PAVEMENT REHABILITATION BETWEEN 2,750 FEET NORTH OF TUSTIN RANCH ROAD AND NORTH CITY LIMITS CIP NO. 70194 12. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION FOR THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT CIP NO. 70001 AND THE ANNUAL SIDEWALK REPAIR PROJECT NO. 402-6235 Construction of the Annual Major Pavement Maintenance Project CIP No. 70001 and the Annual Sidewalk Repair Project No. 402-6235 for FY 2009-2010 have been completed to the satisfaction of the City Engineer and are now ready for City Council acceptance. Recommendation: That City Council take the following actions: 1. Adopt Resolution No. 10-91 accepting the construction of the Annual Major Pavement Maintenance Project CIP No. 70001 and the Annual Sidewalk Repair Project No. 402-6235 for FY 2009-2010; and City Council/Redevelopment Agency September 21, 2010 Meeting Agenda Page 7 of 11 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 10-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT CIP NO. 70001 AND THE ANNUAL SIDEWALK REPAIR PROJECT NO. 402-6235 FOR FY 2009-2010 13. ADOPT RESOLUTION NO. 10-81 DESIGNATING A FOUR-WAY STOP CONTROL ON PARK AVENUE AT THE WESTERLY COSTCO/GAS STATION DRIVEWAYS A traffic study has been prepared which analyzed the need for the installation of a four-way stop control on Park Avenue at the westerly Costco/Gas Station driveways. The study concluded that a four-way stop control is warranted and its installation should reduce the potential for vehicular accidents and eliminate the issue of restricted sight distance at this location. Recommendation: That the City Council adopt Resolution No. 10-81 designating a four-way stop control on Park Avenue at the westerly Costco/Gas Station driveways. RESOLUTION NO. 10-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DESIGNATING THE LOCATION OF CERTAIN STOP CONTROL INTERSECTIONS 14. POLICE DEPARTMENT VEHICLE PURCHASES Nine Police Department vehicles require replacement. The department has determined the need to purchase four (4) 2010 Dodge Charger police package vehicles; two (2) 2010 Chevrolet Malibu's; one (1) 2010 Chevrolet Impala; and two (2) 2010 Ford Expeditions to replace older model high mileage vehicles. Additionally, there will be a need to award a contract for police equipment conversion work for newly purchased police units and authorize the Police Department to donate one of the older model, high mileage Crown Victoria vehicles to the Orange County Sheriff's Department Academy. The vehicle selected for donation will be at the discretion of the Field Services Maintenance Supervisor in charge of the oversight of fleet condition. Recommendation: It is recommended that the City Council authorize: 1. The purchase of four (4) 2010 Police Package Dodge Chargers from McPeek's Dodge of Anaheim, California in the amount of $98,566.84 City Council/Redevelopment Agency September 21, 2010 Meeting Agenda Page 8 of 11 (Including tax, license, fees and delivery). 2. The purchase through the General Services Department of the State of California of (2) 2010 Chevrolet Malibu's, one (1) 2010 Chevrolet Impala and two (2) Ford Expeditions through Downtown Ford Sales in the amount of $116,984.25. 3. The purchase of police equipment conversion packages for the conversion of four (4) 2010 Dodge Chargers and one (1) 2010 Ford Expedition from 10-8 Retrofit in Laverne, California in the amount of $41,691.51. This amount will include charges by Orange County Communications for emergency radio transition from retired vehicles to replacement vehicles. 4. The donation of one retired Crown Victoria unit to the Orange County Sheriff's Academy. 5. Unit 3418, a Ford Crown Victoria, will be retained and will replace an existing flat top used by the Police Department. 6. The Public Works Department is to dispose of the remaining surplus retired vehicles at the next available public auction and credit net proceeds to applicable City Revenue fund. 7. Approve the supplemental appropriation of $257,242.60 from the unappropriated reserves of the Equipment Replacement Fund (Fund 184). REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 15 through 18) 15. DRAFT ORDINANCE ESTABLISHING REQUIREMENTS FOR EXTENSION OR MODIFICATION OF LEASEHOLDS FOR CITY OR REDEVELOPMENT AGENCY REAL PROPERTY Pursuant to City Council direction, this office has prepared a draft ordinance establishing a procedure governing the proposed extension or modification of existing real property leaseholds held by the City or the Redevelopment Agency. Recommendation: It is recommended that the City Council consider the various aspects of this ordinance and give direction to staff as it deems appropriate. ORDINANCE NO. ____ City Council/Redevelopment Agency September 21, 2010 Meeting Agenda Page 9 of 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADDING CHAPTER 10 "REQUIREMENTS FOR EXTENSION OR MODIFICATION OF LEASEHOLDS FOR CITY OR REDEVELOPMENT AGENCY REAL PROPERTY" TO ARTICLE 7 "PUBLIC FACILITIES" OF THE CITY OF TUSTIN MUNICIPAL CODE 16. THE NEIGHBORHOODS OF TUSTIN TOWN CENTER: A NEW BEGINNING, A STRATEGIC GUIDE FOR DEVELOPMENT The report "Neighborhoods of Tustin Town Center: A New Beginning, a Strategic Guide to Development" for three neighborhoods in the center of Tustin has been completed. City Council endorsement of the report's priority action programs to improve the neighborhoods over the next few decades is being requested. Recommendation: That the City Council and Tustin Redevelopment Agency formally endorse the Town Center New Beginning study as a strategic guide for development and instruct staff to proceed with specific programming of priority action programs, as funding is available and in conjunction with the City's and Redevelopment Agency's normal budget process. 17. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. 18. APPROVAL OF CITY MANAGER CONTRACT The City has been engaged in an executive search to replace Bill Huston, who has retired as City Manager effective July 17, 2010 and will end his interim assignment as City Manager on September 30, 2010. Pending the outcome of the selection process and contract negotiations, it is possible that the City Council may appoint a City Manager and wish to deliberate and approve a contract agreement for that appointment. Should the City Council decide to vote on a City Manager contract, the contract will be made available to members of the public during the City Council meeting. OTHER BUSINESS/COMMITTEE REPORTS – City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting is scheduled for Tuesday, October 5, 2010 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Redevelopment Agency September 21, 2010 Meeting Agenda Page 10 of 11 Adjourn in Memory of Jim Owen City Council/Redevelopment Agency September 21, 2010 Meeting Agenda Page 11 of 11