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Home My WebLink About01 CC MINUTES 07-17-12Agenda Item 1 Reviewed. City Manager Finance Director /A MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 300 CENTENNIAL WAY TUSTIN, CA JULY 17, 2012 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2293 at 5:32 p.m. ATTENDANCE Present: Mayor John Nielsen, Mayor Pro Tem Al Murray, and Councilmembers Jerry Amante, Deborah Gavello and Rebecca "Beckie" Gomez Absent: None City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: David E. Kendig, City Attorney PUBLIC INPUT — None 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 Council/Tustin Housing Authority July 17, 2012 Regular Meeting Minutes Page 1 of 12 • 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 • City of Tustin v. Keybank, N.A., Case #30- 2011 - 00529736- CU -FR- CXC 5. CONFERENCE WITH REAL PR Code 54956.8) — Three cases • Property Address /Description Agency: City Negotiators: Negotiating Parties: OPERTY NEGOTIATORS (Government Under Negotiation: • Property Address /Description: Agency: City Negotiators: Negotiating Parties: Under negotiation: • Property Address /Description: Agency: City Negotiators: Negotiating Parties: Under Negotiation: RECESSED at 5:32 p.m. RECONVENED at 7:07 p.m. 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 1C 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 City Council/Tustin Housing Authority July 17, 2012 Regular Meeting Minutes Page 2 of 12 JOINT REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2293 at 7:07 p.m. COLOR GUARD AND PLEDGE OF ALLEGIANCE — Troop 33 INVOCATION — Councilmember Amante ROLL CALL — City Clerk Present: Mayor /Chairman John Nielsen, Mayor Pro Tern/Vice Chairman Al Murray, and Councilmembers /Commissioners Jerry Amante, Deborah Gavello and Rebecca "Beckie" Gomez Absent: None City Clerk: Pamela Stoker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig The Council voted 3 -1 -1 to deny claim 12 -14 with Councilmember Gavello dissenting and Councilmember Gomez abstaining. Other than that, there was no reportable action. PRESENTATIONS • Troop 33 Sixty -Year Anniversary • Tustin Chamber of Commerce Businesses of the Year ORAL COMMUNICATION /PUBLIC INPUT — None PUBLIC HEARING ITEM 1 1. DESIGN REVIEW 2012 -002 AND CONDITIONAL USE PERMIT 2012 -06 FOR A NEW MIXED USE BUILDING AT 125 W. MAIN STREET A presentation was given by Community Development Director Elizabeth Binsack. City Council/Tustin Housing Authority July 17, 2012 Regular Meeting Minutes Page 3 of 12 The public hearing opened at 7:29 p.m. Public Input: Gregory Kelly The public hearing closed at 7:31 p.m. 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). On June 12, 2012, the Planning Commission approved Resolution No. 4197 recommending approval of DR 2012 -002 and CUP 2012 -06. Motion: It was moved by Councilmember Gavello and seconded by Mayor Pro Tern Murray 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. Motion carried 5 -0 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 2 -11 City Council/Tustin Housing Authority July 17, 2012 Regular Meeting Minutes Page 4 of 12 It was moved by Mayor Pro Tem/Vice Chairman Murray and seconded by Councilmember /Commissioner Amante to pull consent item 5 and to approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried 5 -0 2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY HELD ON JULY 3, 2012 Recommendation: That the City Council/Tustin Housing Authority 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. 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. Councilmember Gavello pulled the item to give notification that she will not be in attendance at the meeting. It was moved by Mayor Pro Tern Murray and seconded by Mayor Nielsen to hold the meeting as scheduled. City Council/Tustin Housing Authority July 17, 2012 Regular Meeting Minutes Page 5 of 12 Motion carried 4 -1 (Councilmember Gavello dissenting) 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 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 City Council/Tustin Housing Authority July 17, 2012 Regular Meeting Minutes Page 6 of 12 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 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. City Counciffustin Housing Authority July 17, 2012 Regular Meeting Minutes Page 7 of 12 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 12 -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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray that the City Council: 1. Adopt Resolution No. 12-72 finding that the Sixth Amendment to DDA 04 ( "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. Motion carried 5 -0 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 City Council/Tustin Housing Authority July 17, 2012 Regular Meeting Minutes Page 8 of 12 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 1B A presentation was given by Assistant Executive Director Christine Shingleton Public input: • Ted McGibbin, Standard Pacific 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. Motion: It was moved by Councilmember Gavello and seconded by Councilmember Amante to 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. Motion carried 5 -0 14. NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION Adoption of the proposed resolution will call the election and consolidate election services with the County Orange. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray to adopt Resolution 12 -71 calling and giving notice of election and requesting the Board of Supervisors of Orange County to consolidate a General Municipal Election of the City of Tustin with the State's General Election. Motion carried 5 -0 RESOLUTION NO. 12 -71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CALLING AND GIVING NOTICE OF ELECTION AND City Council/Tustin Housing Authority July 17, 2012 Regular Meeting Minutes Page 9 of 12 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Nielsen to authorize Councilmember Amante and Mayor Pro Tern Murray to submit an argument in favor of the measure proposing to eliminate Council member salary and benefits. Motion carried 3 -2 (Councilmembers Gomez and Gavello dissenting) Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray to authorize Councilmember Amante and Mayor Pro Tern Murray to prepare a rebuttal to any argument submitted in opposition to the measure. Motion carried 3 -2 (Councilmembers Gomez and Gavello dissenting) 16. LEGISLATIVE REPORT City Manager Parker announced that the Legislature is in recess. OTHER BUSINESS /COMMITTEE REPORTS Mayor Nielsen reported that the City Manager and City Attorney will conduct research and report back regarding recent Grand Jury findings. COUNCILMEMBER GOMEZ • On July 4 participated in the Tustin Meadows parade and worked the neighborhood carnival; thanked Parks & Recreation for an outstanding event at Tustin High School • On July 12 attended the Chamber ribbon cutting event for Talbert Medical Center • On July 14 attended the dental clinic held at the senior center City Council/Tustin Housing Authority July 17, 2012 Regular Meeting Minutes Page 10 of 12 • Thanked Christine Shingleton for her 25+ years of work at the city on her retirement COUNCILMEMBER AMANTE • Congratulated Chris on a terrific career; will miss her counsel and wished her well • Is pleased to see progress being made on projects within the City • Congratulated Dave Wilson and staff for 4th of July and Tustin Meadows events MAYOR PRO TEM MURRAY • Thanked Christine Shingleton for her many contributions to the community • Attended Tustin Meadows parade and fireworks show; congratulated Tustin PD for quick traffic flow • Attended Oversight Board meeting • Attended Tustin Chamber ribbon cutting at Tustin Hyundai • Attended the Chamber breakfast where the City Manager gave a budget presentation; complimented Jeremy Laurich who received an outstanding award for officer of the month • Attended OCFA budget and finance committee meeting • Attended Chamber ribbon cutting at Talbert Medical Center • Attended ACCOC legislative committee meeting • Attended OCTA citizen advisory committee meeting • Announced that on August 7 Tustin PD will be at National Night Out at The District • Reminded all of Concerts in the Park and Movies in the Park MAYOR NIELSEN • Thanked Christine Shingleton for all of her accomplishments • Attended Tustin Meadows parade and carnival; has always been a great tradition; thanked non - profits and volunteers • Thanked Parks & Recreation staff for fireworks show • Participated in the Oversight Board meeting • Attended Chamber breakfast and congratulated City Manager Parker on a great budget presentation • On July 11 participated in Pete Beatty being honored by Assemblyman Don Wagner as the district veteran volunteer • Invited all to Concerts in the Park • On July 12 attended OCTax Roses and Radishes event and congratulated Mayor Frank Ury as one of the Roses winners • Attended the ribbon cutting at Talbert Medical Center • Shared comments regarding the City's dispute with Tustin Unified ADJOURNED at 8:19 p.m. to a Strategic Plan Workshop Special Meeting at 3:00 p.m. on August 7, 2012 in the Community Center. The next Regular Meeting of the City Council City Counciffustin Housing Authority July 17, 2012 Regular Meeting Minutes Page 11 of 12 will be Tuesday, August 7, 2012, at 7:00 p.m. immediately followed by a Closed Session Meeting in the Council Chamber, 300 Centennial Way, Tustin, California. City CouncillTustin Housing Authority July 17, 2012 Regular Meeting Minutes Page 12 of 12