HomeMy WebLinkAbout00 CC AGENDA 11-1-11CITY OF TUSTIN NOVEMBER 1, 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 #2276
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. LIABILITY CLAIMS [Government Code § 54956.95]
?
Consideration of Claim of George Merrit, Claim No. 11-18
?
Consideration of Claim of Deru Zhao, Claim No. 11-24
?
Consideration of Claim of Rita Rodriguez, et al and Elaine Tanikawa, et
al (Berna Aragon Martinez, Deceased) Claim No. 11-27
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8]
?
Property Address/Description: 2345 Barranca Pkwy, APN: 434-021-22,
Army Reserve Center
Agency: City of Tustin
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.
City/Agency Negotiators: Christine Shingleton, Assistant City
Manager, George Schlossberg, Special
Counsel and Amy Freilich, Special
Counsel
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
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, George Schlossberg, Special
Counsel and Amy Freilich, Special
Counsel
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
Under Negotiation: Price and terms of payment
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8]
?
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 Amy Freilich, Special
Counsel
Negotiating Parties: 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
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
City Council and Redevelopment Agency November 1, 2011
Meeting Agenda Page 2 of 11
H. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Govt.
Code § 54956.9(a)] – Four 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
?
Angela Z. Jabour v. City of Tustin, OCSC Case No. 30-2010-00343725
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 #2276
INVOCATION – Father Thomas, St. Cecelia
PLEDGE OF ALLEGIANCE – Mayor Amante
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney David E. Kendig
PRESENTATIONS
?
Boy’s State 2011 (Joshua Islas, Foothill High School; Parth Jani, Tustin High
School; and J. D. Swancoat, Beckman High School)
?
Dinosaur Dash T-shirt presentation (Tustin Public Schools Foundation President
Gerry Aust and TPSF Vice President and Dinosaur Dash Co-Chair Bill Pevehouse)
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 1-3)
City Council and Redevelopment Agency November 1, 2011
Meeting Agenda Page 3 of 11
1. CODE AMENDMENT 2011-05 - ALCOHOLIC BEVERAGE SALES
ESTABLISHMENTS 12,000 SQUARE FEET THRESHOLD
The current Tustin City Code requires approval of a conditional use permit for
on-site and off-site alcoholic beverages sales except for businesses with at least
15,000 square feet of gross floor area and where the alcoholic sales area is less
than ten (10) percent of gross floor area; and defines "Convenience Store" as
any establishment under fifteen thousand (15,000) square feet in size where
food, beverage, magazine and auto related items, or combination thereof, are
sold for off-site consumption. Walgreens, the applicant, proposes that off-site
alcoholic sales establishments with at least 12,000 square feet where the
alcoholic sales area is less than ten (10) percent of gross floor area should be
exempt from the conditional use permit requirement and from the distance
requirements to sensitive uses and that these establishments should not be
classified as "Convenience Store." Applicant: Walgreen Co.
On October 11, 2011, the Planning Commission considered the item and
recommended that the City Council deny Code Amendment 2011-05.
Recommendation: That the City Council adopt Resolution No. 11-78 upholding
the Planning Commission's recommendation and denying Code Amendment
2011-05.
RESOLUTION NO. 11-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
DENYING CODE AMENDMENT 2011-05, A REQUEST TO AMEND
SECTIONS 9232a1.(a), 9271dd(1) AND 9297 TO ALLOW OFF-SITE
SALES OF ALCOHOLIC BEVERAGES BUSINESSES WITH MORE
THAN 12,000 SQUARE FEET AS OUTRIGHT PERMITTED USES IN
THE RETAIL COMMERCIAL (C-1) ZONING DISTRICT, REQUIRE
APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES
WITH LESS THAN 12,000 SQUARE FEET GROSS FLOOR AREA AND
WHERE THE ALCOHOLIC BEVERAGES SALES AREA IS MORE THAN
TEN (10) PERCENT OF THE GROSS FLOOR AREA AND SUBJECT
TO DISTANCE REQUIREMENTS TO SENSITIVE USES, AND TO
AMEND THE CONVENIENCE STORE DEFINITION BY LOWERING
THE SIZE OF ESTABLISHMENTS TO 12,000 SQUARE FEET.
2. CODE AMENDMENT 2011-006 (ORDINANCE NO. 1407) – BODY ART
On September 9, 2010, the Ninth Circuit Court of Appeals decided Anderson v.
City of Hermosa Beach and held that the process and business of tattooing are
pure forms of expression fully protected by the First Amendment. According to
the Court, although the City of Hermosa Beach had significant health and safety
interests in regulating the tattoo parlors, a complete prohibition was
unreasonable because it was substantially broader than necessary to achieve
the city's health and safety goals.
Tattoo establishments are not currently listed as permitted uses in the Tustin
City Council and Redevelopment Agency November 1, 2011
Meeting Agenda Page 4 of 11
Zoning Code. Because of the practical and legal constraints placed upon the
City by the Anderson v. City of Hermosa Beach case, Code Amendment 2011-
006 is proposed to establish body art facilities, including tattoo establishments,
as permitted uses within the City of Tustin Retail Commercial (C-1), Central
Commercial (C-2), Heavy Commercial (C-3), and Commercial General (CG)
Zoning Districts, subject to operational requirements, and establish that all body
art practitioners practicing at such facilities shall be licensed.
Recommendation: That the Tustin City Council introduce and have first reading
of Ordinance No. 1407, approving Code Amendment (CA) 2011-006, amending
Tustin City Code Section 4140 to regulate the inspection of body art facilities;
amending Section 3141 to add definitions pertaining to body art; amending
Sections 3651-3654 pertaining to a body art permit; and, amending Section
9232b to permit body art facilities in certain commercial zones (Attachment A).
ORDINANCE NO. 1407
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
AMENDING PART 4 OF CHAPTER 1 OF ARTICLE 4 OF THE TUSTIN
CITY CODE REGULATING THE INSPECTION OF BODY ART
FACILITIES BY THE ORANGE COUNTY HEALTH CARE AGENCY;
AMENDING PART 4 OF CHAPTER 1 OF ARTICLE 3 ADDING
DEFINITIONS PERTAINING TO BODY ART; AMENDING PART 5 OF
CHAPTER 6 OF ARTICLE 3 PERTAINING TO A BODY ART PERMIT;
AND AMENDING SECTION 9232b OF PART 3 OF CHAPTER 2 OF
ARTICLE 9 TO PERMIT BODY ART FACILITIES
3. CODE AMENDMENT 11-002 (ORDINANCE NO. 1397), CLARIFYING THE
MEANING OF LEGAL NONCONFORMING USES AND STRUCTURES IN THE
CITY OF TUSTIN
At the request of the City Council, staff prepared Ordinance No. 1397 to provide
clarity, provide consistency and reduce any ambiguity related to any
nonconforming structures, uses and lots in the City. The Tustin City Council
requested that the Planning Commission consider verbatim City Council
minutes of March 15, 2011 and Ordinance No. 1397, and provide a
recommendation on the proposed ordinance to the Tustin City Council. Between
September 13 and October 11, 2011, the Tustin Planning Commission held a
workshop and two public hearings on the matter. On October 11, 2011, the
Tustin Planning Commission adopted Resolution No. 4183 recommending that
the Tustin City Council adopt Ordinance No. 1397, as amended.
Recommendation: That the Tustin City Council:
1. Adopt Resolution No. 11-77 finding that the Negative Declaration
prepared for Code Amendment (CA) 11-002 (Ordinance No. 1397, as
amended) is adequate; and,
2. Introduce and have first reading of Ordinance No. 1397, as amended,
approving CA 11-002 to provide clarity, consistency, and reduce
City Council and Redevelopment Agency November 1, 2011
Meeting Agenda Page 5 of 11
ambiguity related to nonconforming uses and structures in the City of
Tustin.
RESOLUTION NO. 11-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
ADOPTING THE NEGATIVE DECLARATION FOR CODE AMENDMENT
11-002 (ORDINANCE NO. 1397) CLARIFYING THE MEANING OF
LEGAL NONCONFORMING USES AND STRUCTURES IN THE CITY
OF TUSTIN
ORDINANCE NO. 1397
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING CODE AMENDMENT 11-002 AMENDING
VARIOUS SECTIONS OF THE TUSTIN CITY CODE TO CLARIFY THE
MEANING OF LEGAL NONCONFORMING USES AND STRUCTURES
IN THE CITY OF TUSTIN
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 4 through 16)
4. APPROVAL OF MINUTES – REGULAR MEETING OF JOINT CITY COUNCIL
AND REDEVELOPMENT AGENCY HELD ON OCTOBER 18, 2011 AND
SPECIAL MEETINGS OF THE CITY COUNCIL HELD ON OCTOBER 15 AND
OCTOBER 21, 2011
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on October 18, 2011 and
Special Meetings of the City Council held on October 15 and October 21, 2011.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Payroll in the amount of $746,346.55 and
Demands in the amount of $2,535,501.38.
6. APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING
DESIGN REVIEW 09-033
On October 18, 2011, the City Council held a public hearing for the appeal of
the Planning Commission's decision to approve Design Review 09-033 for the
design of a wireless telecommunications facility within the parking lot of Cedar
Grove Park (11385 Pioneer Road). After a public hearing on the matter, the City
Council voted 3-2 to reverse the decision of the Planning Commission and
directed staff to return with a resolution with findings to deny Design Review 09-
033. Attached is updated Resolution No. 11-47 which includes the associated
City Council and Redevelopment Agency November 1, 2011
Meeting Agenda Page 6 of 11
findings for consideration by the City Council.
ACTION IF APPROVED: Adopt Resolution No. 11-47
RESOLUTION NO. 11-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
REVERSING THE PLANNING COMMISSION'S DECISION AND
DENYING 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 A LANDSCAPED
CIRCLE IN THE PARKING LOT OF CEDAR GROVE PARK LOCATED
AT 11385 PIONEER ROAD.
7. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS
Redevelopment Agency staff provides on a monthly basis an update of
redevelopment related projects.
Recommendation: Receive and File.
8. QUARTERLY REPORT FOR AFFORDABLE HOUSING DEFAULT
REVOLVING FUND
The Cooperative Agreement between the City Council and Tustin Community
Redevelopment Agency authorizing the creation of an Affordable Housing
Default Revolving Fund requires Agency staff to provide the City Council and
Redevelopment Agency with a quarterly report detailing any default activity
within the City's Affordable Housing Program and identifying costs associated
with curing any potential defaults.
Recommendation: Receive and file.
9. MODIFICATION THREE TO EDC AGREEMENT BETWEEN THE
DEPARTMENT OF THE NAVY AND CITY FOR CONVEYANCE OF A
PORTION OF THE MARINE CORPS AIR STATION TUSTIN
The Third Modification to the EDC Agreement will authorize, subject to certain
conditions, the Navy's conveyance of a 10 acre parcel to the City under an
Economic Development Conveyance authority under Federal Base Closure law
rather than the conveyance of the parcel to the County of Orange pursuant to a
public benefit conveyance authority.
Recommendation: It is recommended that the City Manager or Assistant City
Manager be authorized to execute the attached Third Modification to the
Economic Development Conveyance Agreement (EDC Agreement) between
the Navy and the City for Conveyance of a Portion of the Marine Corps Air
Station Tustin, subject to staff completing minor corrections to the legal
City Council and Redevelopment Agency November 1, 2011
Meeting Agenda Page 7 of 11
descriptions requested by the Navy and any other minor corrections that might
be necessary as recommended by the City's special real estate counsel, Kutak
Rock.
10. EXPERT PANEL RECOMMENDATIONS - THREE MOST QUALIFIED
DEVELOPMENT ENTITIES TO MOVE FORWARD IN THE DEVELOPER
SELECTION PROCESS FOR A PORTION OF DISPOSITION PACKAGE 1C
The City Council's confirmation is requested of the three development entities
determined most qualified by the City selected Expert Panel for an approximate
20 acre property in Tustin Legacy Disposition Package 1C, for commercial
development.
Recommendation: It is recommended that the City Council confirm the top
three most qualified development entities for an approximate 20 acre property in
Tustin Legacy Disposition Package 1C, identified herein as recommended by
the Expert Panel for this Disposition Package, and authorize staff to move
forward with Step 2, including the solicitation of specific proposals from each
development entity.
11. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
ADVERTISEMENT FOR BIDS FOR THE RAWLINGS RESERVOIR
REPLACEMENT – PHASE II CONSTRUCTION PROJECT CIP 60136
The plans and specifications for the Rawlings Reservoir Replacement -Phase II
Construction Project CIP No. 60136 are being finalized and the project will be
ready to bid, upon receiving County of Orange - Temporary Grading Permit.
Recommendation: It is recommended that the City Council adopt Resolution
No. 11-74 approving the plans and specifications for the Rawlings Reservoir
Replacement - Phase II Construction Project CIP No. 60136 and authorize the
City Clerk to advertise to receive bids, subject to the approval by the City
Engineer.
RESOLUTION NO. 11-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE
RAWLINGS RESERVOIR REPLACEMENT – PHASE II
CONSTRUCTION PROJECT CIP NO. 60136, AND AUTHORIZING
ADVERTISEMENT FOR BIDS
12. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR
ARCHITECTURAL SERVICES FOR CONSTRUCTION DOCUMENTS FOR
THE TUSTIN SPORTS PARK BASEBALL DIAMOND #2 RENOVATION (CIP
NO. 20060)
Approval of a Consultant Services Agreement between the City of Tustin and
MIG, Inc. to provide the City the architectural design, construction documents
and plans and specifications for the improvements to the Tustin Sports Park
City Council and Redevelopment Agency November 1, 2011
Meeting Agenda Page 8 of 11
Baseball Diamond #2.
Recommendation: Authorize the Mayor and the City Clerk to execute a
Consultant Services Agreement with the firm MIG, Inc. for the Tustin Sports
Park Baseball Diamond #2 Project in an amount not to exceed $19,085.
13. 2012 LOCAL APPOINTMENTS LIST
Prior to December 31 st of each year, the Maddy Act requires municipal agencies
to prepare and post a listing of all Commission/Committee vacancies for the
coming year.
Recommendation: Approve the 2012 Local Appointments List for the Planning,
Community Services, and Audit Commissions and post notice as required by
law.
14. UPDATED IPAD POLICY
On May 17, 2011, the City Council considered and adopted the City's first policy
regarding the use by City Council Members of City-owned and issued iPads.
Since that time, some Council Members have purchased their own iPads and
have elected to use those iPads for both personal and City-related purposes.
As a result, aspects of the existing policy may be confusing or inapplicable to
current and future members of the Council, such as the requirement that iPads
be returned to the City when the Council Member leaves office.
As a result, City IT Staff, the City Clerk and the City Attorney have reviewed and
revised the iPad policy to address separately those iPads owned and issued to
Council Members by the City, and those personally-owned iPads that Council
members may use for City-related business.
The proposed policy, as revised, is attached as Exhibit 1. The version of the
policy approved by the Council on May 17, 2011 is attached for reference.
Recommendation: Review and adopt the revised iPad Policy attached as
Exhibit 1, and repeal the policy adopted on May 17.
15. QUARTERLY INVESTMENT REPORT
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted Investment
Policy.
Recommendation: Receive and file.
16. AGREEMENT PERTAINING TO EXCHANGE OF ARMY RESERVE PARCEL
FOR ALTERNATIVE PARCEL
City Council and Redevelopment Agency November 1, 2011
Meeting Agenda Page 9 of 11
The Department of the Army represented by the Army Corps of Engineers has
contacted the City regarding a potential land exchange of the Tustin Army
Reserve Center for another 14-15 acre parcel. The Army has statutory federal
authority to enter into a land exchange with the City. The City is interested in
pursuing such an exchange to support the developer of The District at Tustin
Legacy which desires to expand its retail shopping center, including facilitating
additional parking and circulation subject to no costs of such a transaction being
borne by the City.
Recommendation: It is recommended that the City Council:
1. Authorize the City Manager or Assistant City Manager to execute the
attached Agreement Respecting Exchange of the Army Reserve Parcel
for Alternative Parcel between the City and Vestar/Kimco, L.P.
(Exchange Agreement), and grant authority prior to execution to make
minor modifications to the Agreement as may be determined necessary,
recommended and approved the City's special real estate counsel,
Armbruster, Goldsmith & Delvac based on final negotiations with the
Developer, including inserting applicable time frames for any site
selection process to be concluded provided that such modifications do
not result in any costs of the Army transaction being borne by the City.
2. Authorize the City Manager or Assistant City Manager to take all actions
necessary and desirable to implement the Agreement including the
execution of all related documents and instruments necessary to either
enter into an option or purchase agreement for the Army land exchange
parcel.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 17 and 18)
17. LEGISLATIVE REPORT - AB 341 (CHESBRO) SOLID WASTE: DIVERSION
AB 341 requires commercial and multifamily customers to participate in the
City's recycling programs by July 1, 2012 and increases the City's mandated
waste diversion rate from the current 50% to 75% by 2020.
Recommendation: Staff recommends the City Council take no action at this
time. Staff will continue to monitor the implementation of the bill and report any
significant issues to the City Council.
18. CITY MANAGER RECRUITMENT
City Council and Redevelopment Agency November 1, 2011
Meeting Agenda Page 10 of 11
The City Manager Recruitment Committee will provide an update on the status
of the City Manager recruitment.
OTHER BUSINESS/COMMITTEE REPORTS
ADJOURNMENT – The next regular meeting is scheduled for Tuesday, November 15,
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.
City Council and Redevelopment Agency November 1, 2011
Meeting Agenda Page 11 of 11