HomeMy WebLinkAbout00 CC AGENDA 12-6-11CITY OF TUSTIN DECEMBER 6, 2011
JOINT REGULAR MEETING OF THE ~ o ~.
`' `~ ~ COUNCIL CHAMBER
GITY COUNCIL, REDEVELOPMENT ~~;! ~, - =~~ 300 CENTENNIAL WAY, TUSTIN
AGENCY AND TUSTIN HOUSING r~
AUTHORITY ~r~ ;-~/,~-
Jahn Nielsen, Mayor Pro Tem William A. Nuston, Interim City Manager
Deborah Gavello, Councilmember David E. Kendig, City Attorney
Rebecca "Beckie" Gomez, Councilmember Jerry Amante, Mayor Pamela Staker, City Clerk
AI Murray, Councilmember George Jeffries, City Treasurer
REVISED AGENDA
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER -Meeting #2278
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 Gity 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 Gases
B. CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION
[Govt. Code § 54956.9(c)] -Two Cases
C. 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 Tracts 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
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.
by Rick Kaplan, Mark Smith, John
Tran and Mark McGranahan,
Cushman Wakefield of California, Inc.,
Irvine, CA.
Under Negotiation: Price and Terms of Payment
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code
54956.8] -One Case
• Property Address/Description: Parcel 2, 3, and 4 of Parcel Map 2010-
137
Agency: City of Tustin
City/Agency Negotiators: Christine Shingleton, Assistant City
Manager
Negotiating Parties Olson Real Estate Group, Inc., dba
R.D. Olson Development, represented
by Robert D. Olson
Under Negotiation: Price and Terms of Payment
E. 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
• Mira Properties v City of Tustin, Orange County Superior Court Case
No. 30-2011-00522643
• T-Mobile West Corporation v. City of Tustin, et al, United States District
Court, Central District of California, Case No. SACV11-1854 JVS
{RNBx)
JOINT CITY COUNCIL, REDEVELOPMENT AGENCY AND
TUSTIN HOUSING AUTHORITY MEETING
7:00 P.M.
CALL TO ORDER -Meeting #2278
INVOCATION - Father AI Baca, St. Cecelia
PLEDGE OF ALLEGIANCE - Couneilmember Gomez
ROLL CALL -City Clerk
CLOSED SESSION REPORT -City Attorney David E. Kendig
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Rgenda Page 2 of 15
PRESENTATION
• St. Cecelia School 50t" Anniversary (Father AI Baca, Father Thomas De Nguyen,
Mrs. Mary Alvarado)
ORAL COMMUNICATIONIPUBLIC 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 ITEM
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 Item 1}
1. CODE AMENDMENT 2011-05 - ALCONO~IC 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 far 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."
On October 11, 2011, the Planning Commission considered the item and
recommended that the City Council deny Cade Amendment 2011-05. The
applicant requested this item be continued from the City Council's meeting of
November 1, 2011, to provide them with adequate time to follow up an some of
the issues raised at the Planning Commission hearing. No additional information
has been submitted for Council Consideration.
Applicant: Walgreen Co. Property Owner: Steven M. Brown
Recommendation: That the City Council adopt Resolution No. 11-78 upholding
the Planning Commission's recommendation and denying Cade Amendment
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 3 of 15
2011-05.
RESOLUTION NO. 11-78
A RESOLUTION OF THE CITY COUNCIL OF THE GITY 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.
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 2 through 20)
2. APPROVAL OF MINUTES -SPECIAL AND REGULAR MEETINGS OF JOINT
CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON NOVEMBER
15, 2011
3
4
Recommendation: Approve the Action Minutes of the Special and Regular
Meetings of the Joint City Council and Redevelopment Agency held on
November 15, 2011.
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 amounts of $693,465.76 and
$677,258.07 and Demands in the amount of $5,177,675.97.
POLICE DEPARTMENT VEHICLE PURCHASES
Eight Police Department vehicles require replacement. The department has
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 4 of 15
determined the need to purchase three (3) 2012 Dodge Charger pursuit rated
vehicles; one (1) 2012 Chevrolet Tahoe pursuit rated vehicle; three (3) 2012
Dodge Caravans and one (1) 2012 Dodge Durango. Additionally, there will be a
need to award a contract for police equipment conversion work for newly
purchased police units.
Recommendation: That the City Council authorize:
1. The purchase of three (3) 2012 Dodge Charger police units from
McPeek's Dodge in Anaheim, California, in the amount of $80,780.55
(including tax, license, fees and delivery}.
2. The purchase of one (1) 2012 Chevrolet Tahoe police unit from Wondries
in Alhambra, California, in the amount of $32,321.93 (including tax,
license, fees and delivery).
3. The purchase of three (3) 2012 Dodge Caravans from McPeek's Dodge
in Anaheim, California, in the amount of $63,849.00 (including tax,
license, fees and delivery).
4. The purchase of one (1) 2012 Dodge Durango from Tuttle-Click Chrysler
Jeep Dodge in Tustin, California, in the amount of $25,311.68 (including
tax, license, fees and delivery).
5. The purchase of five (5) police vehicle graphic kits from North Star
Graphics in the amount of $1,685.63.
6. The purchase of seven (7) police equipment conversion packages from
10-8 Retrofit in Ontario, California in the amount of $37,221.95.
7. The Public Works Department will dispose of the retired surplus vehicles
at the next available public auction and credit net proceeds to applicable
City Revenue Fund.
5. ADOPT RESOLUTION NO. 11-79 TO APPROVE THE 2009 ORANGE
COUNTY TRANSPORTATION AUTHORITY COMMUTER BIKEWAYS
STRATEGIC PLAN
In order for the City to be eligible for grant funding under the State Bicycle
Transportation Account, the City must adopt a Citywide Bicycle Transportation
Plan (BTP). The Orange County Transportation Authority (OCTA) has prepared
the 2009 Commuter Bikeways Strategic Plan for the County of Orange which
complies with State requirements far a BTP. In lieu of preparing a separate
BTP, Tustin may adopt the OCTA plan, thereby making the City eligible far
future State funding.
Recommendation: That the City Council adopt Resolution No. 11-79, approving
the 2009 Orange County Transportation Authority Commuter Bikeways
Strategic Plan to serve as the City of Tustin Bicycle Transportation Plan.
RESOLUTION NO. 11-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 5 of 15
CALIFORNIA, ADOPTING THE 2009 ORANGE COUNTY
TRANSPORTATION AUTHORITY COMMUTER BIKEWAYS
STRATEGIC PLAN
6. AUTHORIZE USE OF THE COUNTY OF ORANGE'S COOPERATIVE
PURCHASING PROGRAM TO PURCHASE AND INSTALL WATER QUALITY
DEVICES CIP 50036
Staff is requesting City Council authorization to use the County of Orange's
Cooperative Purchasing Program to purchase and install water quality devices
for the Citywide Catch Basin BMP's Project CIP 50036, pursuant to Tustin City
Code Section 1624c.
Recommendation: That the City Council adopt Resolution No. 11-84 authorizing
the City of Tustin to use the County of Orange's Cooperative Purchasing
Program, pursuant to Tustin City Code Section 1624c, to contract with United
Storm Water, Inc. to purchase and install water quality devices at various
locations throughout the City for the Citywide Installation of Catch Basin BMP's
Project CIP 50036.
RESOLUTION NO. 11-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE USE OF THE COUNTY OF
ORANGE'S COOPERATIVE PURCHASING PROGRAM TO
PURCHASE AND INSTALL WATER QUALITY DEVICES FOR THE
CITYWIDE CATCH BASIN BMP'S PROJECT CIP 50036
7. ADOPT RESOLUTION 11-$6 TO APPROVE PLANS AND SPECIFICATIONS
AND AUTHORIZE ADVERTISEMENT FOR BIDS TO REPLACE POLICE
DEPARTMENT HVAC UNITS (CIP 10032)
The plans and specifications to Replace HVAC Units at Police Department (CIP
10032] have been prepared and the project is ready to be bid.
Recommendation: That the City Council:
1. Adopt Resolution No. 11-86 approving plans and specifications for the
replacement of the Police Department HVAC Units (CIP 10032), and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 11-$6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS TO
REPLACE HVAC UNITS AT POLICE DEPARTMENT (CIP 10032)
8. ADOPT RESOLUTION NO. 11-88 TO ACCEPT IMPROVEMENTS FOR THE
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 6 of 15
PARK RE-CAMPING CIP NO. 20066 AND AUTHORIZE THE CITY ENGINEER
TO FILE THE NOTICE OF COMPLETION
Construction of the Park Re-Camping at Pine Tree, Peppertree and Frontier CIP
No. 20066, 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. 11-88 accepting the construction of the Park Re-
Lamping at Pine Tree, Peppertree and Frontier CIP No. 20066; and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
RESOLUTION NO. 11-88
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 CONSTRUCTION OF PARK RE-CAMPING AT
PINE TREE, PEPPERTREE AND FRONTIER CIP NO. 20066
9. ADOPT RESOLUTION NO. 11-$9 TO APPROVE THE SUBMITTAL OF THE
2011 REGIONAL CAPACITY PROGRAM PROJECT APPLICATION TO THE
ORANGE COUNTY TRANSPORTATION AUTHORITY
City Council adoption of Resolution No. 11-89 will approve submittal of the
City's project application for Renewed Measure M funds (Measure M2) under
the Comprehensive Transportation Funding Program (CTFP), 2011 Call for
Projects for the Regional Capacity Program. The Orange County Transportation
Authority (OCTA) requires City Council approval as part of the application
process.
Recommendation: That the City Council adopt Resolution No. 11-89 approving
the submittal of a project application to the Orange County Transportation
Authority (OCTA) for funding under the Renewed Measure M Comprehensive
Transportation Funding Program 2011 Call for Projects for the Regional
Capacity Program.
RESOLUTION NO. 11-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING THE SUBMITTAL OF AN IMPROVEMENT
PROJECT APPLICATION TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE
RENEWED MEASURE M COMPREHENSIVE TRANSPORTATION
FUNDING PROGRAM, 2011 CALL FOR PROJECTS FOR THE
REGIONAL CAPACITY PROGRAM
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 7 of 15
10. TUSTIN RANCH ROAD EXTENSION PROJECT -PHASE 1 ADDITIONAL
CONSTRUCTION CONTINGENCY AUTHORIZATION AND PHASE 2
AUTHORIZATION TO BID
With Phase 1 well underway, a number of unknown subsurface conditions have
been discovered through the grading/excavation operation to date. As a result,
staff is recommending an additional contingency authorization for Phase 1 of
15% due to the extensive nature and ongoing potential for new discovery as
work proceeds. Although some claims will be processed and handled through
the City's Pollution and Remediation Legal Liability Insurance Policy, other
instances of nan-contaminated debris/excessively wet material removal will not
qualify. The statutory limit pursuant to Public Contract Code is 10% but far
projects that are substantially complex and prone to higher environmentally
challenging conditions, limits are often set higher to manage and mitigate the
impact of such project related risks.
Secondly, the plans and specifications for Tustin Ranch Road, Valencia
Avenue, Park Avenue, and Legacy Road Phase 2 Roadway Improvements (CIP
No. 70100, 70204, 70206, 70214, and 70215) are being finalized and expected
to be ready to bid mid-December pending final approval of the proposed deep
sewer installation in the LIFOC by the Department of the Navy and final plan set
approval by the City Engineer.
Recommendation:
1. It is recommended that the City Council and Redevelopment Agency
authorize an additional 15% construction contingency from undesignated
unappropriated 2010 MCAS Tustin Tax Allocation Bond Fund (561)
proceeds for ongoing Phase 1 construction efforts and necessary change
orders to complete the work for the Phase I Tustin Ranch Road grading
and storm drain project (CIP No. 70100 and 70206}.
2. It is recommended that the City Council adopt Resolution No. 11-$7
approving the plans and specifications far the Tustin Ranch Road,
Valencia Avenue, Park Avenue, and Legacy Road Phase 2 Roadway
Improvements Construction Project (CIP No. 70100, 70204, 70206,
70214, and 70215), and authorize the City Clerk to advertise to receive
bids, subject to final plan approval by the Department of Navy and the
City Engineer, from the ten pre-qualified general contractors as approved
by City Council on October 4, 2011.
RESOLUTION NO. 11-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE
TUSTIN RANCH ROAD, VALENCIA AVENUE, PARK AVENUE, AND
LEGACY ROAD PHASE 2 ROADWAY IMPROVEMENTS
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 8 of 15
CONSTRUCTION PROJECT (CIP NO. 70100, 70204, 70206, 70214
AND 70215), AND AUTHORIZING ADVERTISEMENT FOR BIDS
11. LIMITATIONS ON GIFTS TO COUNCIL MEMBERS
At its meeting of October 4, 2011, the City Council requested that the topic of
gifts and gratuities to Council members be agendized for Council discussion.
The Council expressed concern that Council members may be subject to
different gift limits, gift disclosure requirements and travel reimbursement
requirements than are applicable to other professional City employees. If such a
discrepancy in gift disclosure limitations existed, Council directed the City
Attorney to return with a possible ordinance for Council's consideration, which
would impose the same limitations on gifts to Council members that apply to
other City employees.
This agenda report includes a discussion of existing State and City-imposed
limitations on gifts and travel to Council members and the City's other
designated employees.
Recommendation: Receive and file.
12. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 160 PACIFIC STREET
The Mills Act is State legislation that provides for reduced property taxes on an
eligible historic property if the property owner agrees to maintain and preserve
the property for a minimum of ten years. On June 16, 1997, the City Council
authorized the implementation of a Mills Act program and established a policy
specifying which properties would be eligible for the program. Attachment A of
this report includes a draft historic property preservation agreement for the
property located at 160 Pacific Street. This is the fifteenth historic property
preservation agreement to be considered by the Council. The agreement
contains standard language that is required by State law and customized terms,
standards, and conditions for the property. Because the property is in very good
condition, the improvements required aver the minimum 10-year contract term
are minor.
Owners: Gerald W. and Martha A. Montgomery
Recommendation: That the City Council adapt Resolution No. 11-90 authorizing
the execution of a Historic Property Preservation Agreement (Mills Act Contract)
with Gerald W. and Martha A. Montgomery, the owners of the property located
at 160 Pacific Street.
RESOLUTION NO. 11-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 9 of 15
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR AUTHORIZED
DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE THE
HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED
HERETO AS EXHIBIT 1 WITH THE OWNERS OF THE PROPERTY
LOCATED AT 160 PACIFIC STREET, TUSTIN, CALIFORNIA.
13. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 138 N. B STREET
The Mills Act is State legislation that provides for reduced property taxes an an
eligible historic properly if the property owner agrees to maintain and preserve
the property for a minimum of ten years. On June 16, 1997, the City Council
authorized the implementation of a Mills Act program and established a policy
specifying which properties would be eligible for the program. Attachment A of
this report includes a draft historic property preservation agreement for the
property located at 138 N. B Street. This is the sixteenth historic property
preservation agreement to be considered by the Council. The agreement
contains standard language that is required by State law and customized terms,
standards, and conditions for the property. Because the property is in very good
condition, the improvements required over the minimum 10-year contract term
are relatively minor.
Owners: Kevin and Sarah McGee
Recommendation: That the City Council adopt Resolution No. 11-91 authorizing
the execution of a Historic Property Preservation Agreement (Mills Act Contract}
with Kevin and Sarah McGee, the owners of the property located at 138 N. B
Street.
RESOLUTION NO. 11-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR AUTHORIZED
DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE THE
HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED
HERETO AS EXHIBIT 1 WITH THE OWNERS OF THE PROPERTY
LOCATED AT 13$ N. B STREET, TUSTIN, CALIFORNIA.
14. SECOND AMENDMENT TO THE TUSTIN AUTO CENTER MERCHANTS
ASSOCIATION LEASE
Approval is requested to enter into a Second Amendment to the Lease
("Second Amendment") with the Tustin Auto Center Merchants Association
("Association"), extending an existing lease between the City and Tustin Auto
Merchants Association for City owned real property adjacent to the Tustin Auto
Center.
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 10 of 15
Recommendation: That the City Council approve the Second Amendment to the
Lease with the Association, extending their existing Lease with the City for real
property adjacent to the Tustin Auto Center, and authorize the Assistant City
ManagerlAssistant Executive Director to execute the document.
15. CAPITAL PROJECTS FUND BUDGET APPROPRIATION FOR VARIOUS
REQUIRED TUSTIN LEGACY EXPENDITURES.
There are several required expenditures necessary to support the Tustin
Legacy project originally identified in the Tustin Legacy Disposition Strategy,
including purchase of an environmental insurance policy and support far any
required insurance deductibles on claim, any required reimbursements to the
Department of Toxic Substance Control (DTSC} for coordination on
environmental claims, preparation of Covenants, Conditions & Restrictions
(CC&R's} far the Tustin Legacy project area and various planning studies,
including reexamination of water design features (lakes, fountains, etc.} in the
linear park areas casting approximately $1,000,000 for the MCAS Tustin
Redevelopment Project Area. Due to the constraints placed on the
Redevelopment Agency through AB 1 X 26 and AB 1 X 27, Staff is
recommending that the resources to fund the approximate $1,000,000 will be
from the Capital Projects Fund undesignated fund balance.
Recommendation: It is recommended that the City Council approve:
1. A budget appropriation in the amount of $1,000,000 out of the Capital
Projects Fund undesignated fund balance to be expensed out of the
Tustin Legacy Expenditure Account {200-40-00-7500) to fund the
purchase of the environmental insurance any required environmental
insurance deductible payments required for remediation claims, any
required reimbursements to the DTSC for coordination on environmental
claims, the preparation of CC&R's far a portion of the Tustin Legacy
Project, and certain planning studies needed as identified in the Tustin
Legacy Disposition Strategy, including but not limited to the
reexamination of water elements.
2. The MCAS Tustin Redevelopment Project Area will repay the Capital
Projects Fund the $1,000,000 with tax increment dollars if the current
restraints are removed from the Tustin Community Redevelopment
Agency on AB 1X 26 and AB 1X 27 after the California Supreme Court
decision or from any future land sale proceeds that are not committed
under other Agreements for developer reimbursements or Tustin Legacy
Backbone Infrastructure obligations.
16. ENVIRONMENTAL INSURANCE -TUSTIN LEGACY PROJECT
City Council authorization is required to secure environmental insurance
coverage for certain property at the former MCAS Tustin.
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 11 of 15
Recommendation: It is recommended that the City Council authorize staff to
bind environmental insurance coverage from Catlin for portions of Tustin Legacy
property, subject to special legal counsel approval of all policy script and
endorsements.
17. 2010-2011 ANNUAL REPORT
Redevelopment Law requires that the Redevelopment Agency submit to the
legislative body an annual report for the preceding fiscal year.
Recommendation:
1. It is recommended the Redevelopment Agency receive and file its Annual
Report for Fiscal Year ("FY") 2010-2011 and transmit such report to the
Tustin City Council.
2. It is recommended that the City Council take the following actions:
a. Receive and file the Redevelopment Agency's Annual Report far
FY 2010-2011.
b. Direct that a copy of the Redevelopment Agency's Annual Report
for FY 2010-2011 and all other required reporting documents and
forms be executed in final form and filed with the City of Tustin,
the State Controller and State Department of Housing and
Community Development.
1$. FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT
2011-01 (TUSTIN GATEWAY PROJECT)
Approval is requested of a First Amendment Agreement to Disposition and
Development Agreement (DDA 2011-01) for the Tustin Gateway Project
between the City of Tustin and Olson Real Estate Group, Inc. dba R.D. Olson
Development ("Developer") for the sale and development of certain property
within the Pacific Center East Specific Plan Area.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No.11-92 finding that the First Amendment to DDA
2011-01 is within the scope of the previously approved Final
Environmental Impact Report {EIR) 90-01 for the Pacific Center East
Specific Plan certified on December 17, 1990 and Supplemental #1 to
Final EIR 90-01 certified on May 5, 2001 (collectively, the Pacific Genter
East Environmental Documents), and no additional analysis or
documentation is required under CEQA.
2. Approve and authorize the City Manager, or Assistant City
Manager/Assistant Executive Director, to execute the First Amendment
to DDA 2011-01, subject to non-substantial modifications as may be
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 12 of 15
determined necessary and recommended by the City's Special Counsel
prior to execution, and to carry out all actions necessary to implement the
amendment including execution of all related documents and
instruments.
RESOLUTION NO. 11-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING THE FIRST AMENDMENT TO DISPOSITION AND
DEVELOPMENT AGREEMENT 2011-01 (TUSTIN GATEWAY
PROJECT) ALSO REFERRED TO AS "DDA 2011-01" BETWEEN THE
CITY OF TUSTIN ("CITY") AND R.D. OLSON REAL ESTATE GROUP,
INC. ("DEVELOPER")
19. TUSTIN HOUSING AUTHORITY 2010-2011 ANNUAL MEETING
The annual meeting for the Tustin Housing Authority.
Recommendation: It is recommended the Tustin Housing Authority
Commissioners open and close their Annual Meeting. There are no agenda
items far the FY 2010-2011 Meeting.
20. DECLARATION OF SURPLUS PROPERTY
The City has accumulated a quantity of obsolete and/or damaged computer and
other equipment. The listed equipment is no longer usable or required for public
use.
Recommendation:
1. Declare the listed equipment surplus and not required for public use.
2. Authorize staff to sell/have auctioned serviceable equipment of value and
dispose of assets beyond repair.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 21 through 25)
21. WIRELESS COMMUNICATIONS MASTER PLAN
Staff has been asked to agendize for City Council discussion the City's Wireless
Master Plan and its current status.
Recommendation: Pleasure of the City Council
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 13 of 15
22. ORDINANCE NO. 1409, AN ORDINANCE OF
CITY OF TUSTIN, CALIFORNIA, AMENDING
SECTION 3526 OF THE TUSTIN CITY CODE
DEALER PERMITS
Ordinance No. 1409 would:
THE CITY COUNCIL OF THE
SECTION 3141 AND ADDING
REGARDING SECONDHAND
1. Amend Part 2 of Chapter 5 of Article 3 of the Tustin City Code to provide
City officials discretion to grant whole or partial waivers of the
requirement that names, addresses, and fingerprints of all employees of
a licensed secondhand dealer be provided in conjunction with a
secondhand dealer permit if certain specified conditions are met.
2. Amend the definition of "Director" in Article 3 of the Tustin City Code to
refer to the Director of the Finance Department, rather than the
Community Development Department.
Recommendation: That the City Council introduce and have the first reading of
Ordinance No. 1409; and, set the second reading at the Council's next
scheduled meeting.
ORDINANCE NO. 1409
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING TUSTIN CITY CODE SECTION 3526
RELATING TO A CONDITIONAL EXEMPTION TO THE REQUIREMENT
TO PROVIDE CERTAIN EMPLOYEE INFORMATION IN
CONJUNCTION WITH A SECONDHAND DEALER PERMIT.
23.
2011 FIRE HAZARD SEVERITY ZONE MAPS
On October 25, 2011, the California Department of Forestry and Fire Protection
(Cal Fire} forwarded a map depicting its recommendations far a Very High Fire
Hazard Severity Zone in the City of Tustin. State law requires Cal Fire to make
such recommendations and describes local agency responsibilities upon receipt
of this information. Properties located within these zones are subject to
numerous State Building Code and real estate disclosure requirements. For
these recommendations to be applicable, the map must be adopted as part of
an ordinance by the Tustin City Council.
On November 3, 2011, Cal Fire and the Orange County Fire Authority (OCFA)
jointly forwarded a map depicting their recommendations for High and Moderate
Fire Hazard Severity Zones in the City of Tustin. Cal Fire and OCFA have
requested that the City of Tustin consider use of the information far public
awareness and education, and to improve public safety through possible
modifications to adopted building standards. Properties located within these
zones may be subject to numerous State Building Cade and real estate
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 14 of 15
disclosure requirements. Unlike the Very Nigh Fire Hazard Severity Zone
(FHSZ) map mentioned above, there is no statutory requirement for the City of
Tustin to take action on this recommendation.
Recommendation: That the Tustin City Council:
1. Direct the City Manager to forward correspondence to Cal Fire
(Attachment 1) that the requirement to adapt the Very High FHSZ map is
an unfunded state mandate and that the matter will only be considered by
the Tustin City Council following State provision of funds to reimburse the
City of Tustin for the casts associated with increased levels of service
associated with the program.
2. Receive and file CAL FIRE and OCFA's recommendations for High and
Moderate Fire Hazard Severity Zones in the City of Tustin.
24. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
25. MAYOR AND MAYOR PRO TEM SELECTION/CHAIR AND CHAIR PRO TEM
SELECTION
The City Council/Redevelopment Agency selects those members of the
CounciVRedevelopment Agency who will serve as Mayor and Mayor Pro Tem,
and Chair and Chair Pro Tem.
Recommendation: Pleasure of the City Council/Redevelopment Agency.
OTHER BUSINESS/COMMITTEE REPORTS
RECEPTION IMMEDIATELY FOLLOWING COUNCIL MEETING
ADJOURNMENT -The next regular meeting is scheduled for Tuesday, January 3, 2012
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 RICHARD DIXON
City Council, Redevelopment Agency and December 6, 2011
Tustin Housing Authority Regular Meeting Agenda Page 15 of 15