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Home My WebLink About00 CC AGENDA 11-15-11CITY OF TUSTIN JOINT SPECIAL MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY John Nielsen, Mayor Pro Tem Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember AI Murray, Councilmember NOVEMBER 15, 2011 ~ COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN William A. Huston, Interim City Manager David E. Kendig, City Attorney Jerry Amante, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer SPECIAL MEETING CLOSED SESSION AGENDA 4:30 P.M. - 7:00 P.M. CALL TO ORDER -Meeting #2277 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: 2345 Barranca Pkwy, APN: 434-021-22, Army Reserve Center Agency: City of Tustin City/Agency Negotiators: Christine Shingleton, Assistant City Manager, George Schlossberg, Special Counsel, and Amy Freilich, Special Counsel 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. 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 D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] • Property Address/Descriptions: 3301 E. La Palma Avenue, 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 E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] • PropertyAddress/Description: 2345 Barranca Pkwy, APN: 434-021-22, Army Reserve Center Agency: City of Tustin City/Agency Negotiators: Christine Shingleton, Assistant City Manager, George Schlossberg, Special Counsel, and Amy Freilich, Special Counsel Negotiating Parties: 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: 1810-1816 North Tustin Avenue, Santa Ana APN: 396-311-24 Agency: City of Tustin City/Agency Negotiators: Douglas S. Stack, Director of Public Works/City Engineer Negotiating Parties: Hull Triangle LLC Under Negotiation: Price and terms of payment G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] • Property Address/Description: 1828 North Tustin Avenue, Santa Ana, APN: 396-333-01 Agency: City of Tustin City/Agency Negotiators: Douglas S. Stack, Director of Public Works/City Engineer Negotiating Parties: Jonathon Scott Newcom, trustee of the Jonathan Scott Newcom Trust Under Negotiation: Price and terms of payment H. CONFERENCE WITH LEGAL COU NSEL -EXISTING LITIGATION [Govt. Code § 54956.9(a)] -Three cases City Council and Redevelopment Agency November 15, 2011 Special Meeting Agenda Page 2 of 3 • 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 City Council and Redevelopment Agency November 15, 2011 Special Meeting Agenda Page 3 of 3 CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY John Nielsen, Mayor Pro Tem Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember AI Murray, Councilmember NOVEMBER 15, 2011 ~ COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN William A. Huston, Interim City Manager David E. Kendig, City Attorney Jerry Amante, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. CALL TO ORDER -Meeting #2277 INVOCATION -Father AI Baca, St. Cecelia PLEDGE OF ALLEGIANCE -Mayor Pro Tem Nielsen ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney David E. Kendig PRESENTATIONS • DCH Tustin Acura 25th anniversary -Dick Hsu • Certificate of Achievement for Excellence in Financial Reporting 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. 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 1 through 11) city Council and Redevelopment Agency November 15, 2011 Regular Meeting Agenda Page 1 of 8 1. APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON NOVEMBER 1, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on November 1, 2011. 2. 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 $674,199.31 and Demands in the amount of $3,293,616.06. 3. CANCELLATION OF DECEMBER 20, 2011 CITY COUNCIL MEETING Staff recommends that the December 20, 2011 Joint City Council and Redevelopment Agency meeting be cancelled due to lack of quorum. Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Joint Council and Redevelopment meeting of December 20, 2011 and that the City Council hereby waives notice of said meeting as required by Government Code Section §54954. 4. ACCEPT IMPROVEMENTS FOR THE COLUMBUS TUSTIN GYMNASIUM PHOTOVOLTAIC (SOLAR) IMPROVEMENT, CIP NO. 10065/FEDERAL AND AUTHORIZE THE CITY ENGINEER TO FILE THE NOTICE OF COMPLETION Construction of the Columbus Tustin Gymnasium Photovoltaic (Solar) Improvement, CIP No. 10065lfederal, has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: That the City Council: 1. Adopt Resolution No. 11-83 accepting the construction of the Columbus Tustin Gymnasium Photovoltaic (Solar) Improvement, CIP No. 10065/federal; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 11-83 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 city Council and Redevelopment Agency November 15, 2011 Regular Meeting Agenda Page 2 of 8 COMPLETION FOR CONSTRUCTION OF COLUMBUS TUSTIN GYMNASIUM PHOTOVOLTAIC (SOLAR) IMPROVEMENT, CIP NO. 10065/FEDERAL 5. AUTHORIZATION TO PURCHASE TWO LAWNMOWERS AND DECLARATION OF SURPLUS EQUIPMENT FOR PUBLIC AUCTION Staff is requesting City Council authorization to purchase two (2) Toro Groundsmaster Lawnmowers utilizing the State Department of General Services pursuant to Tustin City Code 1624(c) and declare certain equipment surplus and available for public auction, pursuant to Tustin City Code 1626a(2). Recommendation: That the City Council: 1. Adopt Resolution No. 11-80 authorizing the State of California Department of General Services to purchase two (2) Toro Groundsmaster Lawnmowers from Turf Star, Inc. of Hayward, CA. in the amount of $39,471; 2. Declare, in accordance with the Tustin City Code 1626a(2), the attached itemized list of equipment as surplus and not required for public use; and 3. Authorize the sale of the surplus equipment at the next available public auction and credit net proceeds to the applicable City Revenue fund. RESOLUTION NO. 11-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS 6. ADOPT RESOLUTION NO. 11-82 TO ACCEPT IMPROVEMENTS FOR ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR UNDER THE ANNUAL ROADWAY AND PUBLIC INFRASTRUCTURE MAINTENANCE PROGRAM CIP NO. 70001 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Roadway Rehabilitation and Citywide Sidewalk Repair under the FY 2010/11 Annual Roadway and Public Infrastructure Maintenance Program CIP No. 70001 has been completed to the satisfaction of the City Engineer and the project is now ready for City Council acceptance. Recommendation: That the City Council: 1. Adopt Resolution No. 11-82 accepting the construction of the Roadway Rehabilitation and Citywide Sidewalk Repair under the FY 2010/11 Annual Roadway and Public Infrastructure Maintenance Program CIP No. 70001; and City Council and Redevelopment Agency November 15, 2011 Regular Meeting Agenda Page 3 of 8 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 11-82 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 ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR UNDER THE FY 2010/11 ANNUAL ROADWAY AND PUBLIC INFRASTRUCTURE MAINTENANCE PROGRAM CIP NO. 70001 7. ADOPT RESOLUTION NO. 11-81 TO ACCEPT IMPROVEMENTS FOR THE TUSTIN RANCH ROAD REHABILITATION PROJECT, CIP 70195 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Tustin Ranch Road Pavement Rehabilitation between Bryan Avenue and Jamboree Road CIP 70195 has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: That the City Council: 1. Adopt Resolution No. 11-81 accepting the construction of the Tustin Ranch Road Pavement Rehabilitation between Bryan Avenue and Jamboree Road CIP No. 70195; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 11-81 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 TUSTIN RANCH ROAD PAVEMENT REHABILITATION BETWEEN BRYAN AVENUE AND JAMBOREE ROAD CIP NO. 70195 8. APPROVE AGREEMENT D11-067 WITH COUNTY OF ORANGE FOR WATER VALVE ADJUSTMENTS ASSOCIATED WITH THE 17th STREET PAVEMENT REHABILITATION AND LANDSCAPE PROJECT Approval of Reimbursement Agreement No. D11-067 between the City and the County of Orange is required to permit a County contractor to adjust City of Tustin water valves to grade as part of the County's 17th Street Pavement Rehabilitation and Landscape project. Recommendation: That the City Council approve Reimbursement Agreement City Council and Redevelopment Agency November 15, 2011 Regular Meeting Agenda Page 4 of 8 No. D11-067 with the County of Orange and authorize the Mayor and City Clerk to execute the document on behalf of the City. 9. 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 2391 Coco Palm Drive (Receptor 17). Recommendation: That the City Council and Tustin Community Redevelopment Agency: 1. Approve the attached documents for 2391 Coco Palm Drive (Receptor 17) 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 $8,055 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). 10. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer/traffic impact fees, and funds expended by the City which satisfy the Maintenance of Effort (MOE). The Orange County Transportation Authority (OCTA) established the MOE benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds, the City's required MOE expenditure is $1,119,535. miry c;ouncii and Redevelopment Agency November 15, 2011 Regular Meeting Agenda Page 5 of 8 Recommendation: That the Tustin City Council Adopt Resolution No. 11-85, adopting the Measure M2 Expenditure Report for Fiscal Year 2010-2011 (attached) and direct staff to file the report with the Orange County Transportation Authority. RESOLUTION NO. 11-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, THE ANNUAL MEASURE M2 FAIRSHARE EXPENDITURE REPORT FOR FISCAL YEAR 2010-2011 11. RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND NATIONAL OFFICE LIQUIDATORS FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE Approval is requested for amonth-to-month Rental Agreement between the City and National Office Liquidators, Inc. (Tenant), for aCity-owned property located at 15171 Del Amo Avenue. Recommendation: That the City Council authorize the Assistant City Manager to execute the attached month-to-month Rental Agreement with National Office Liquidators, Inc. and support the finding that the month-to-month Rental Agreement is at market value and no further policy directions, as outlined in Tustin City Code Section 7960(6), are required. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 12 through 16) 12. SECOND READING AND ADOPTION OF ORDINANCE NO. 1408, 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 Ordinance is a step in the contract amendment process specified by CaIPERS. Recommendation: Have second reading by title only and adoption of Ordinance No. 1408 (roll call vote). miry c;ouncn and Redevelopment Agency November 15, 2011 Regular Meeting Agenda Page 6 of 8 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 13. SECOND READING AND ADOPTION OF 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 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: Have second reading by title only and adoption of Ordinance No. 1407 (roll call vote). 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. 14. SECOND READING AND ADOPTION OF 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 City Council and Redevelopment Agency November 15, 2011 Regular Meeting Agenda Page 7 of 8 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: Have second reading by title only and adoption of Ordinance No. 1397 (roll call vote). 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 15. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. 16. APPROVAL OF CITY MANAGER CONTRACT The City has been engaged in an executive search to replace William Huston, who has retired as City Manager effective July 17, 2010 and who has been serving as Interim City Manager. 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 ADJOURNMENT -The next regular meeting is scheduled for Tuesday, December 6, 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 15, 2011 Regular Meeting Agenda Page 8 of 8