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Home My WebLink About00 CC/THA AGENDA 07-17-12CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY Al Murray, Mayor Pro Tern Jerry Amante, Councilmember Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember `TY O GsT John Nielsen, Mayor JULY 17, 2012 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2293 ATTENDANCE Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer PUBLIC INPUT — Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] — Two Cases 3. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 • Consideration of Claim of Joseph Robles, Claim No. 12 -14 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — Four cases • City of Tustin v. Tustin Unified School District et al., Case No. 30 -2011- 501073; Orange County Superior Court • Tustin Unified School District v. City of Tustin et al., Case No. 30 -2010- 00345476, Orange County Superior Court • City of Tustin v. Leonard J. Nettles, Case No. 30- 2012 - 00563746 -CU- OR-CJC, Orange County Superior Court 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. �i • City of Tustin v. Keybank, N.A., Case #30- 2011- 00529736- CU -FR- CXC CONFERENCE WITH REAL PR Code 54956.8) — Three cases • Property Address /Description: Agency: City Negotiators: Negotiating Parties: Under Negotiation: • Property Address /Description Agency: City Negotiators: Negotiating Parties: OPERTY NEGOTIATORS (Government Under negotiation: • Property Address /Description: Agency: City Negotiators: Negotiating Parties: Under Negotiation: A portion of Parcel 1 of Tract 16696 and a portion of Parcel 1 as shown on Record of Survey No 99 -1048 City of Tustin Jeffrey C. Parker, City Manager, and Christine Shingleton, Assistant Executive Director Vestar /Kimco Tustin, L.P., represented by Allan Kasen and Jeff Axtell Price and terms of payment Tustin Legacy Disposition Package 1B to include sale of Lots 9,10,11,12, 00, PP, QQ, TT, RR, 000 of Tract Map 17404. City of Tustin Christine Shingleton, Assistant Executive Director Ted McKibbin, President, Standard Pacific Homes, Southern California Coastal Price and Terms of Payment Tustin Legacy Disposition Package 1 C to include Lots 1, X and Y of Tract Map 17404. City of Tustin Christine Shingleton, Assistant Executive Director Regency Centers, John Meehigan Price and Terms of Payment RECESS TO SUCCESSOR AGENCY CLOSED SESSION REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2293 City Council/Tustin Housing Authority July 17, 2012 Regular Meeting Agenda Page 2 of 9 COLOR GUARD AND PLEDGE OF ALLEGIANCE — Troop 33 INVOCATION — Councilmember Amante ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • Troop 33 Sixty -Year Anniversary • Tustin Chamber of Commerce Businesses of the Year 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 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) DESIGN REVIEW 2012 -002 AND CONDITIONAL USE PERMIT 2012 -06 FOR A NEW MIXED USE BUILDING AT 125 W. MAIN STREET Design Review (DR) 2012 -002 and Conditional Use Permit (CUP) 2012 -06 are requests to demolish an existing building and construct a new three story mixed use building consisting of restaurant/retail on the ground floor, office use on the second floor, and residential uses on the third floor with a request for an on -site parking exception at 125 W. Main Street. The project is located within the Central Commercial (C -2) zone with the Combining Parking (P) and Cultural Resources (CR) Overlay Districts. Approval of a Design Review is required for site planning and building design. Approval of a Conditional Use Permit is required for the establishment of a mixed use building, joint use parking, and sales of alcoholic beverages within the proposed restaurant. The parking agreement for a parking exception is also included for Council consideration (Applicant is Chris Miller of PMR Construction). City Council/Tustin Housing Authority July 17, 2012 Regular Meeting Agenda Page 3 of 9 On June 12, 2012, the Planning Commission approved Resolution No. 4197 recommending approval of DR 2012 -002 and CUP 2012 -06. Recommendation: That the City Council adopt Resolution No.12 -69 approving Design Review (DR) 2012 -002 and Conditional Use Permit (CUP) 2012 -06 authorizing the construction of a mixed -use development (restaurant, office and residential), joint use parking among the proposed uses, the sales of alcoholic beverages in conjunction with a restaurant use and parking exception and agreement for the project at 125 W. Main Street. RESOLUTION NO. 12 -69 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING DESIGN REVIEW 2012 -002 AND CONDITIONAL USE PERMIT 2012 -06 AUTHORIZING THE DEMOLITION OF AN EXISTING BUILDING AND CONSTRUCTION OF A MIXED -USE DEVELOPMENT, JOINT USE PARKING AND A PARKING EXCEPTION AND AGREEMENT, AND SALES OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT USE FOR THE PROJECT AT 125 W. MAIN STREET LOCATED WITHIN THE CENTRAL COMMERCIAL (C -2) ZONING AND THE COMBINING PARKING (P) AND CULTURAL RESOURCES (CR) OVERLAY DISTRICTS. 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 11) 2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY HELD ON JULY 3, 2012 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council and Tustin Housing Authority held on July 3, 2012. 3. 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 Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $22,017.71 and $686,135.51; and Demands in the amount of $3,048,687.55. City CounciVTustin Housing Authority July 17, 2012 Regular Meeting Agenda Page 4 of 9 4. CANCELLATION OF AUGUST 21, 2012 CITY COUNCIL MEETING The regularly scheduled City Council meeting of August 21, 2012 is being recommended for cancellation since there will not be a quorum of the City Council. Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting of August 21, 2012. The City Council hereby waives notice of said meeting as required by Government Code Section §54954. 5. SPECIAL CITY COUNCIL MEETING AUGUST 14, 2012 A Special City Council meeting will be held at 5:00 p.m. on Tuesday, August 14, 2012 to discuss the Public Agency Retirement Services (PARS) Supplementary Retirement Plan. 6. AWARD OF BID FOR THE FRONTIER PARK FITNESS ELEMENT (CIP NO. 20068) The bid opening for the Frontier Park Fitness Element project was held on June 19, 2012. The Frontier Park Fitness Element was identified by the Community Services Commission as the next project to be completed on their seven -year CIP priority list. Recommendation: Staff recommends that City Council award the construction contract Base Bid to Micon Construction of Placentia, California in the amount of $74,929.57 subject to the approval of contract requirements by the City Attorney and final execution of the contract. 7. APPROVAL OF A CONSULTANT SERVICES AGREEMENT WITH CLEAN CITY, INC. TO PROVIDE PROPERTY MANAGEMENT SERVICES City Council approval is requested of a Consultant Services Agreement with Clean City, Inc. to provide property management services at 14741 and 14751 Newport Avenue. Recommendation: That the City Council authorize the City Manager to execute a Consultant Services Agreement with Clean City, Inc. to provide property management services for City -owned properties located at 14741 and 14751 Newport Avenue, subject to an non - substantive modifications as may be deemed necessary by the City Attorney prior to execution of the Agreements. 8. AWARD CONTRACT FOR THE ANNUAL CITYWIDE STRIPING AND PAVEMENT MARKINGS PROGRAM CIP NO. 70001 City Council/Tustin Housing Authority July 17, 2012 Regular Meeting Agenda Page 5 of 9 Staff is requesting that the City Council award a contract to the lowest responsive /responsible bidder for the Annual Citywide Striping and Pavement Markings Program CIP No. 70001. Recommendation: That the City Council award a contract to the lowest responsive /responsible bidder, J & S Striping Company, Inc., for the Annual Citywide Striping and Pavement Markings Program for Fiscal Year 2012 -2013 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 9. APPROVE AGREEMENT NO. D11 -066 TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL) PROGRAMS IN THE NEWPORT BAY WATERSHED The Agreement No. D11 -066 provides for joint funding of Nutrient, Fecal Coliform, and Toxics studies in the Newport Bay Watershed pursuant to provisions of Section 303(d) of the Federal Clean Water Act and the Total Maximum Daily Load (TMDL) as adopted by the Santa Ana Regional Water Quality Control Board and the United States Environmental Protection Agency. The document is a cooperative arrangement between the County of Orange, the Orange County Flood Control District, the Irvine Ranch Water District (IRWD), The Irvine Company, Lennar Homes of California, and the Cities of Costa Mesa, Irvine, Laguna Hills, Laguna Woods, Lake Forest, Newport Beach, Orange, Santa Ana, and Tustin. Recommendation: That the City Council approve Agreement No. D11 -066, Agreement to Fund Nutrient, Fecal Coliform and Toxics TMDL Programs in the Newport Bay Watershed, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 10. TUSTIN LEGACY PROPERTY MANAGEMENT /CARETAKER SERVICES Approval is requested for allocation of funding for a portion of Tustin Legacy Property Management/Caretaker services from the Tustin Legacy Expenditure Account. Recommendation: That the City Council: 1. Appropriate $396,595 from the Special Reserve Internal Fund (186 -80- 00 -6010) to fund a portion of the services required pursuant to proposed Amendment No. 2 to the City's Consultant Services Agreement with So Cal Sandbags for Tustin Legacy Property Management/Caretaker Services. The balance of the funding necessary to support Amendment No. 2 has already been previously appropriated by the Tustin Housing Authority with adoption of the FY 2012 -13 Tustin Housing Authority City Council/Tustin Housing Authority July 17, 2012 Regular Meeting Agenda Page 6 of 9 Budget pursuant to Tustin Housing Authority Resolution No. 12 -03. 2. Authorize the City Manager to execute Amendment No. 2 to the City's Consultant Services Agreement with So Cal Sandbags for Tustin Legacy Property Management/Caretaker Services, subject to any non - substantive modifications as may be required and approved by the City Attorney. 11. ADOPT RESOLUTION NO. 12 -48 TO APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF TUSTIN LEGACY FIRE STATION — RELOCATION OF STATION #37 (CIP NO. 10048) The plans and specifications for construction of the Tustin Legacy Fire Station – Relocation of Station #37 have been completed and are ready to be bid. Recommendation: That the City Council adopt Resolution No. 12 -48 approving the plans and specifications for construction of the Tustin Legacy Fire Station – Relocation of Station #37 (CIP No. 10048), and authorize the City Clerk to advertise to receive bids from the five pre - qualified general contractors approved by the City Council on October 4, 2011. RESOLUTION NO. 12 -48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE TUSTIN LEGACY FIRE STATION – RELOCATION OF STATION #37 (CIP NO. 10048), AND AUTHORIZING ADVERTISEMENT FOR BIDS REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 12 through 16) 12. SIXTH AMENDMENT TO TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT 04 -02 (RETAIL DEVELOPMENT) Approval is requested of a Sixth Amendment to the Tustin Legacy Disposition and Development Agreement ( "DDA ") 04 -02 (Retail Development) between the City of Tustin and Vestar /Kimco Tustin, L.P. ( "the Developer') as it relates to "The District" at the Tustin Legacy project. Recommendation: That the City Council: 1. Adopt Resolution No.12 -72 finding that the Sixth Amendment to DDA 04 City Counciffustin Housing Authority July 17, 2012 Regular Meeting Agenda Page 7 of 9 ( "Sixth Amendment ") is within the scope of the Final Joint Program EIS /EIR for the Reuse and Disposal of MCAS Tustin, as amended by an Addendum, and that no additional environmental impacts are anticipated and no further environmental analysis is required. 2. Approve and authorize the City Manager to execute the Sixth Amendment, subject to any modifications, including but not limited to completion of all schedules and attachments as noted in the Sixth Amendment, as may be determined necessary and which shall be approved by the City's Special Real Estate Counsel, and to carry out all actions necessary to implement the Sixth Amendment including execution of all related documents and instruments. RESOLUTION NO. 12 -72 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL FINDING THAT THE FINAL ENVIRONMENTAL IMPACT STATEMENT /FINAL ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL AND REUSE OF MCAS TUSTIN ( "FEIS /FEIR "), ITS SUPPLEMENT AND ADDENDUM ARE ADEQUATE TO SERVE AS THE PROJECT EIS /EIR FOR THE SIXTH AMENDMENT TO TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT 04 -02 (RETAIL DEVELOPMENT) AND THAT ALL APPLICABLE MITIGATION MEASURES WILL BE INCORPORATED INTO THE PROJECT AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 13. APPROVAL OF AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH STANDARD PACIFIC CORP. FOR TUSTIN LEGACY DISPOSITION PACKAGE 1 B The City Council recently reviewed price, terms, and payment for Disposition Package 1 B and directed staff to prepare an Exclusive Agreement to Negotiate with Standard Pacific Corp. for disposition and development of Disposition Package 1 B in the Tustin Legacy Project. Recommendation: Authorize the City Manager to execute the attached Exclusive Agreement to Negotiate ( "ENA ") between the City of Tustin and Standard Pacific Corp., subject to any non - substantive modifications as may be determined necessary and /or recommended by the City's special real estate counsel or the City Attorney. 14. NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION Adoption of the proposed resolution will call the election and consolidate election services with the County Orange. Recommendation: Adopt Resolution 12 -71 calling and giving notice of election and requesting the Board of Supervisors of Orange County to consolidate a City Council/Tustin Housing Authority July 17, 2012 Regular Meeting Agenda Page 8 of 9 General Municipal Election of the City of Tustin with the State's General Election. RESOLUTION NO. 12 -71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CALLING AND GIVING NOTICE OF ELECTION AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE 15. DESIGNATION OF AUTHOR FOR BALLOT ARGUMENTS On October 18, 2011, the City Council adopted Resolution 11 -76 to place the question on the November 6, 2012 ballot whether City Council compensation salary and benefits should be eliminated. The City Council has the option, if it wishes, to authorize the submittal of an argument in support of the ballot measure by designating one or more members of the Council to prepare the argument. Recommendation: Consider authorizing one or more Council members to submit an argument in favor of the ballot measure proposing to eliminate Council member salary and benefits, and authorize the same Council member(s) to prepare a rebuttal to any argument submitted in opposition to the measure. 16. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS /COMMITTEE REPORTS ADJOURN TO SUCCESSOR AGENCY MEETING — The next regular meeting of the City Council will be Tuesday, August 7, 2012, Closed Session Meeting at 5:30 p.m. followed by Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Tustin Housing Authority July 17, 2012 Regular Meeting Agenda Page 9 of 9