HomeMy WebLinkAbout00 CC AGENDA 10-18-11CITY OF TUSTIN OCTOBER 18, 2011
JOINT REGULAR MEETING OF THE COUNCIL CHAMBER
CITY COUNCIL AND REDEVELOPMENT 300 CENTENNIAL WAY, TUSTIN
AGENCY
John Nielsen, Mayor Pro Tem William A. Huston, Interim City Manager
Deborah Gavello, Councilmember David E. Kendig, City Attorney
Rebecca “Beckie” Gomez, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk
Al Murray, Councilmember George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER –
Meeting #2274
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:
A. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] – Two Cases
B. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION [Govt.
Code § 54956.9(c)] – Two Cases
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8]
?
Property Address/Description: 2472 Walnut Avenue APN: 432-491-34,
Crossroad Church
Agency: City of Tustin
City/Agency Negotiators: Christine Shingleton, Assistant City
Manager; David E. Kendig, City Attorney
Negotiating Parties Crossroad Church, represented by Josh
Beneda, Trustee
Under Negotiation: Price and terms of payment
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8]
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.
?
Property Address/Description: 2345 Barranca Pkwy, APN: 434-021-22,
Army Reserve Center
Agency: City of Tustin
City/Agency Negotiators: Christine Shingleton, Assistant City
Manager and David E. Kendig, City
Attorney
Negotiating Parties: United States Government acting
through the Department of the Army,
represented by Stan Wallin and Jeremy
Hollis of the Army Corps of Engineers;
and Vestar/Kimco Tustin, L.P.,
represented by Allan Kasen.
Under Negotiation: Price and terms of payment
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8]
?
Property Address/Description: 1180 N. Miller Street, Anaheim
Agency: City of Tustin
City/Agency Negotiators: Christine Shingleton, Assistant City
Manager, and David E. Kendig, City
Attorney
Negotiating Parties: Rickey Warner, Senior Vice President
CB Richard Ellis, Anaheim office; United
States Government acting through the
Department of the Army, represented by
Stan Wallin and Jeremy Hollis of the
Army Corps of Engineers; and
Vestar/Kimco Tustin, L.P., represented
by Allan Kasen.
Under Negotiation: Price and terms of payment
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8]
?
Property Address/Description: 4 Liberty, Aliso Viejo. CA
Agency: City of Tustin
City/Agency Negotiators: Christine Shingleton, Assistant City
Manager, and David E. Kendig, City
Attorney
Negotiating Parties: Larry Schuler, First Vice President,
Industrial Properties, CB Richard Ellis,
Newport Beach Office; United States
Government acting through the
Department of the Army, represented by
Stan Wallin and Jeremy Hollis of the
Army Corps of Engineers; and
Vestar/Kimco Tustin, L.P., represented
by Allan Kasen.
Under Negotiation: Price and terms of payment
G. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
54956.8)
?
Property Address/Description: Lots 1,2,3,4,5,6,7,8,9,10,11, II, D, Final
Map 17144; Lots 32, 34, Tentative Tract
Map 17404; a portion APN’s 430-27-31
City Council and Redevelopment Agency October 18, 2011
Meeting Agenda Page 2 of 10
and 33 and a portion of APN 430-37-10
Agency: City of Tustin
City Negotiators: Christine Shingleton, Assistant City
Manager and Amy Freilich, Special
Counsel
Negotiating Parties: Broadcom Corporation, represented by
Rick Kaplan, Mark Smith, John Tran and
Mark McGranahan, Cushman Wakefield
of California, Inc., Irvine, CA.
Under Negotiation: Price and Terms of Payment
H. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Govt.
Code § 54956.9(a)] – Three cases
?
Tustin Unified School District v. City of Tustin et al., Case No. 30-2010-
00345476, Orange County Superior Court
?
City of Tustin v. Tustin Unified School District et al., Case No. 30-2011-
501073; Orange County Superior Court
?
SEMA Construction, Inc. v. City of Tustin, OCSC Case No. 00101147
I. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section
54957(b) - City Manager
JOINT CITY COUNCIL AND
REDEVELOPMENT AGENCY MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2274
INVOCATION – Deacon Martin Ruiz, St. Cecelia
PLEDGE OF ALLEGIANCE – Councilmember Gavello
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney David E. Kendig
PRESENTATIONS
?
Scouting for Food (Marc Senesac)
?
Emergency Management Plan (Captain Charlie Celano and Lieutenant Tom
Tarpley)
ORAL COMMUNICATION/PUBLIC INPUT – At this time, any member of the public may
City Council and Redevelopment Agency October 18, 2011
Meeting Agenda Page 3 of 10
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. LAMBRA HIRING TAX CREDIT PROCESSING FEE
City Council approval is requested for a processing fee for businesses
processing Local Agency Military Recovery Area (LAMBRA) Zone Hiring Tax
Credit applications to recover the costs associated with staff time and State of
California Department of Housing and Community Development pass-through
fees.
Recommendation: That the City Council:
1. Open and, after public testimony, close the public hearing; and
2. Adopt Resolution No.11-73: A resolution of the City Council of the City of
Tustin adopting the LAMBRA Hiring Tax Credit Voucher Application
Processing Fee
RESOLUTION NO. 11-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
ADOPTING THE LAMBRA HIRING TAX CREDIT VOUCHER
APPLICATION PROCESSING FEE AND INCORPORATING THE FEE
INTO RESOLUTIONNO. 08-60, THE COMPREHENSIVE SCHEDULE
OF FEES
2. CONTINUED APPEAL OF THE PLANNING COMMISSION'S DECISION
APPROVING DESIGN REVIEW 09-033
Design Review 09-033 is a request to install and operate a wireless
telecommunications facility consisting of: two (2) flagpoles with a height of forty
(40) feet; one (1) flagpole with a height of forty-three (43) feet; and,
underground equipment located within the landscaped circle in the parking lot of
Cedar Grove Park.
On April 26, 2011, the City of Tustin Planning Commission adopted Resolution
No. 4163 approving Design Review 09-033. On May 6, 2011, an appeal of
Design Review 09-033 was filed by the City's Mayor Pro Tem due to concerns
regarding the aesthetics and compatibility of the design of the facility and the
parameters of the installation. The appeal hearing is de novo.
On July 19, 2011, the Tustin City Council held a public hearing on the appeal of
City Council and Redevelopment Agency October 18, 2011
Meeting Agenda Page 4 of 10
Design Review 09-033. The City Council requested additional information on
the project and continued the appeal hearing to a date certain of October 18,
2011.
Recommendation: That the Tustin City Council adopt Resolution No. 11-47
approving Design Review 09-033 to install and operate a wireless
telecommunications facility consisting of: two (2) flagpoles with a height of forty
(40) feet; one (1) flagpole with a height of forty-three (43) feet; and,
underground equipment located within the landscaped circle in the parking lot of
Cedar Grove Park located at 11385 Pioneer Road.
RESOLUTION NO. 11-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
APPROVING DESIGN REVIEW 09-033 AUTHORIZING THE
INSTALLATION AND OPERATION OF A WIRELESS
TELECOMMMUNICATIONS FACILITY CONSISTING OF: TWO (2)
FLAGPOLES WITH A HEIGHT OF FORTY (40) FEET; ONE (1)
FLAGPOLE WITH A HEIGHT OF FORTY-THREE (43) FEET; AND,
UNDERGROUND EQUIPMENT LOCATED WITHIN A LANDSCAPED
CIRCLE IN THE PARKING LOT OF CEDAR GROVE PARK LOCATED
AT 11385 PIONEER ROAD.
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 10)
3. APPROVAL OF MINUTES – REGULAR MEETING OF JOINT CITY COUNCIL,
AND REDEVELOPMENT AGENCY HELD ON OCTOBER 4, 2011
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on October 4, 2011
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Payroll in the amount of $721,867.70 and
Demands in the amount of $2,672,388.16.
5. AWARD CONTRACT FOR THE CITY YARD MECHANIC SHOP ROOF
REPLACEMENT CIP NO. 10032
Staff is requesting that the City Council award the construction contract for the
City Yard Mechanic Shop Roof Replacement CIP No. 10032 to the lowest
responsive/responsible bidder.
Recommendation: That the City Council deny the bid protest submitted and
City Council and Redevelopment Agency October 18, 2011
Meeting Agenda Page 5 of 10
award the construction contract for the City Yard Mechanic Shop Roof
Replacement CIP No. 10032 to the lowest responsive/responsible bidder,
Western States Roofing and authorize the Mayor and City Clerk to execute the
contract documents on behalf of the City.
6. APPROVE HOMEOWNER AGREEMENT AND MEMORANDUM FOR
CERTAIN PROPERTY IN CONJUNCTION WITH THE TUSTIN RANCH ROAD
EXTENSION PROJECT BETWEEN WALNUT AVENUE AND VALENCIA
AVENUE (CIP No. 70100)
Staff is requesting the City Council and the Tustin Community Redevelopment
Agency approve certain agreements associated with the required applicable
noise mitigation measures as identified in the Final Supplement #1 to the Final
EIS/EIR for the Tustin Ranch Road Extension Project CIP No. 70100 & 70206
on or adjacent to the property located at 2361 Ana Tree Place (Receptor 8).
Recommendation: That the City Council and Tustin Community Redevelopment
Agency:
1. Approve the attached documents for 2361 Ana Tree Place (Receptor 8)
including the Project Implementation Agreement and Memorandum of
Project Implementation Agreement, and authorize the Mayor, the City
Manager/Executive Director or the Assistant City Manager/Assistant
Executive Director to execute the agreement on behalf of the City and
Agency, subject to approval as to form with any minor non-substantive
modifications required by the City Attorney and which shall not become
effective for three business days, pending any request for review by the
California Department of Finance ("DoF"). If DoF requests review of this
Agency action, DoF shall have 10 days from the date of its request to
approve the Agency action or return it to the Agency for reconsideration
and the action if subject to review by DoF shall not be effective until
approved by DoF; and
2. Appropriate $2,000 from unappropriated funds from the CFD 06-01 Fund
(434) to the Tustin Ranch Road Extension Project Capital Improvement
Program Fund between Walnut Avenue and Valencia Avenue (CIP No.
70100).
7. NOTICE OF DEFAULT - AFFORDABLE UNIT AT 103 LIBERTY STREET
City Council direction is requested in order to cure a homeowner default under
the City's Affordable Housing Program at the Tustin Field I development.
Recommendation: That the City Council:
1. At its pleasure, authorize the City Attorney to pursue the City's exercise
of its right of redemption and/or option to purchase the moderate-income
unit at 103 Liberty Street, prior to expiration of the statutory default period
(December 5, 2011) or any foreclosure sale of the subject property (on or
City Council and Redevelopment Agency October 18, 2011
Meeting Agenda Page 6 of 10
about December 25, 2011), and also authorize the Assistant City
Manager to execute any required documents, as may be necessary to
implement such action as recommended by the City Attorney.
2. Authorize any necessary draw-down from the Affordable Housing Default
Revolving Fund to exercise the amount of any Option Purchase Price
required under the Affordable Housing Covenant, Affordable Housing
Option Agreement, or any necessary lower amount to exercise the City's
right of redemption under the Reimbursement Agreement for the unit at
103 Liberty Street based on the City Council's direction and the
homeowner's response to the lender's Notice of Default and Election to
Sell under the Deed of Trust.
8. APPROVE AMENDMENT NO. 3 TO CONSULTANT SERVICES AGREEMENT
TO COMPLETE MASTER PLAN OF THE TUSTIN LEGACY COMMUNITY
PARK
Approval of Amendment of No. 3 to the Consultant Services Agreement will
authorize additional geotechnical design services for completion of the Master
Plan of the Tustin Legacy Community Park as result of additional requirements
from the Department of the Navy and Department of Toxic Substances Control
placed on the project subsequent to approval of Amendment No. 2. (CIP NO.
20043)
Recommendation: That the City Council approve Amendment No. 3 to the
Consultant Services Agreement (CSA) with Moore lacofano Goltsman, Inc.
("MIG") for the provision of additional geotechnical design services for the
Master Pan of the Tustin Legacy Community Park, subject to any non-
substantive modifications as may be determined necessary by the City Attorney
and authorize the City Manager and/or Assistant City Manager to execute the
document on behalf of the City.
9. AWARD OF BID FOR THE MCFADDEN PASADENA PARKETTE
IMPROVEMENTS (CIP NO. 20069)
The bid opening for the McFadden Pasadena Parkette Improvements (CIP No.
20069) was held on September 16, 2011. The concept for this project originated
out of the City's Neighborhood Improvement Task Force (NITF) as a way to
make this facility more safe and attractive for neighborhood residents and to
provide a play element that will give the children an opportunity to be outside
and active.
Recommendation: It is recommended that City Council award the contract to
Fleming Environmental of Fullerton, California in the amount of $80,478.00
subject to the approval of contract requirements by the City Attorney and final
execution.
City Council and Redevelopment Agency October 18, 2011
Meeting Agenda Page 7 of 10
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 10 through 14)
10. AMENDING THE CITY'S CONTRACT WITH THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM (CALPERS) TO PROVIDE A SECOND
TIER RETIREMENT PLAN FOR NEW EMPLOYEES
The City has negotiated agreements with all of its bargaining units to provide a
second tier retirement plan for new employees enrolled in a California Public
Employees' Retirement System (CaIPERS) retirement plan (2% @ 60 for
Miscellaneous and 2% @ 50 for Safety). Adoption of the attached Resolution of
Intention and introduction of the attached Ordinance are the first steps in the
contract amendment process specified by CaIPERS.
Recommendation: That the City Council take the following actions to initiate the
CaIPERS contract amendment process:
1. Adopt Resolution No. 11-75, a Resolution of Intention to amend the
contract between the City of Tustin and the Board of Administration of
CaIPERS; and
2. Introduce by title only and waive reading of Ordinance No. 1408
authorizing said amendment.
RESOLUTION NO. 11-75
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY COUNCIL CITY OF TUSTIN
ORDINANCE NO. 1408
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF TUSTIN AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1406, SPECIFIC
PLAN AMENDMENT 11-003
On February 3, 2003, the Tustin City Council adopted the MCAS Tustin Specific
Plan to establish development regulations and procedures for reuse of the
former Marine Corps Air Station (MCAS) Tustin (Tustin Legacy).
The South Orange County Community College District ("SOCCCD") and County
City Council and Redevelopment Agency October 18, 2011
Meeting Agenda Page 8 of 10
of Orange ("County") have indicated an interest in pursuing a land exchange
between the two agencies at Tustin Legacy. To support the proposed land
exchange, the City of Tustin has prepared the proposed Specific Plan
Amendment to implement minor text changes to clarify existing regulations. The
proposed Amendment would not increase the overall development potential or
residential capacity currently allowed by the MCAS Tustin Specific Plan.
Recommendation: Have second reading by title only and adoption of Ordinance
No. 1406 (roll call vote).
ORDINANCE NO. 1406
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
APPROVING SPECIFIC PLAN AMENDMENT (SPA) 11-003,
IMPLEMENTING MINOR TEXT AMENDMENTS TO THE MCAS TUSTIN
SPECIFIC PLAN.
12. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
13. CITY MANAGER RECRUITMENT
The City Manager Recruitment Committee will provide an update on the status
of the City Manager recruitment.
14. BALLOT MEASURE PROPOSAL RE ELIMINATION OF COUNCIL MEMBER
COMPENSATION
The Tustin City Code presently provides that certain types of compensation,
including salary and some benefits, are provided to City Council members. At its
meeting of October 4, 2011, the Council directed the City Attorney to return with
a possible ballot measure for the Council's consideration which, if approved by
the voters, would eliminate all forms of City Council compensation to the extent
permitted by State law.
This agenda report includes a discussion of the procedure to place a ballot
measure before the voters to repeal City Council compensation, and a
discussion of existing State law limitations regarding changes in Council
compensation. In addition, a sample resolution and ordinance placing on the
ballot the specific question of repeal of such compensation is attached to this
report for Council consideration.
Recommendation: Review, consider and provide further direction to City staff.
OTHER BUSINESS/COMMITTEE REPORTS
City Council and Redevelopment Agency October 18, 2011
Meeting Agenda Page 9 of 10
ADJOURNMENT – The next regular meeting is scheduled for Tuesday, November 1,
2011 at 5:30 for Closed Session Meeting followed by the Regular Meeting at 7:00 p.m. in
the Council Chamber, 300 Centennial Way, Tustin, California.
ADJOURN IN THE MEMORY OF ANN HATCH
City Council and Redevelopment Agency October 18, 2011
Meeting Agenda Page 10 of 10