HomeMy WebLinkAbout00 CC AGENDA 4.16.13CITY OF TUSTIN JOINT REGULAR MEETING
OF THE CITY COUNCIL AND SUCCESSOR
AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY AND THE
HOUSING AUTHORITY - -
Charles E. "Chuck" Puckett, Mayor Pro Tern
John Nielsen, Councilmember Al Murray, Mayor
Rebecca "Beckie" Gomez, Councilmember
Allan Bernstein, Councilmember
APRIL 16, 2013
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2314
ATTENDANCE
Jeffrey C. Parker, City Manager
David E. Kendig, City Attorney
Jeffrey C. Parker, 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 — INITIATION OF LITIGATION [Govt.
Code § 54956.9(c)] — Two Cases
2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(d2)] — Two Cases
3. LABOR NEGOTIATIONS
• Agency Negotiators:
• Employee Organization
• Employee Organization
Unit (TPMA)
Government Code Section 54957.6]
Chuck Robinson, Deputy City Manager, Derick
Yasuda, Human Resources Manager and Peter
Brown, Liebert Cassidy Whitmore
Tustin Municipal Employees Association (TMEA)
Tustin Police Officers Association — Management
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.
• Employee Organization:
Tustin Police Officers Association — Officer Unit
(TPOA)
• Employee Organization:
Tustin Police Support Service Association
(TPSSA)
• Employee Organization:
Unrepresented Confidential Employees
• Employee Organization:
Unrepresented Supervisory Employees
• Employee Organization:
Unrepresented Executive Management and
Management
Employees
• Employee Organization:
Unrepresented Part -Time Employees
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
54956.8) — Five cases
Property Lots 1,2,3,4,5,6,7,8,9, 10,11, II, D, Final Map
Address /Description 17144; Lots 32, 34, Tentative Tract Map 17404; a
portion APN's 430 -27 -31 and 33 and a portion of
APN 430 -37 -10
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager, Elizabeth
Binsack, Community Development Director, and
John Buchanan, Program Manager
Negotiating Parties O.C. Property Company, LLC, represented by
Rick Kaplan, Mark Smith, John Tran and Mark
McGranahan, Cushman Wakefield of California,
Inc., Irvine, CA.
Under Negotiation Price and Terms of Payment
2. Property
Address /Description
Agency
City Negotiators
Negotiating Parties
Under Negotiation
3. Property
Address /Description
Agency
Authority Negotiators
Negotiating Parties
Under Negotiation
Tustin Legacy Disposition Package 1 C to include
Lots 1, X and Y of Tract Map 17404
City of Tustin
Jeffrey C. Parker, City Manager
Regency Centers, John Meehigan
Price and Terms of Payment
14542 Newport Avenue #3, Tustin; APN 939 -35-
592
Tustin Housing Authority
Jeffrey C. Parker, Executive Director; Jerry Craig,
Program Manager
Taryn Tang & Philip Sagun, Homeowners
Price and Terms of Payment
4. Property Terms and Conditions of a potential land
Address /Description exchange between the City of Tustin ( "City ") and
South Orange County Community College District
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5. Property The area bounded by Edinger Avenue on the
Address /Description North, Newport Avenue on the East, a Caltrans
ramp on the South, and State Route 55 on the
West
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager; John Buchanan
Negotiating Parties Scott Pollard, Esq. and Dennis Reyling, on behalf
of R.J. Noble
Under Negotiation Price and Terms of Payment
JOINT REGULAR MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY TO THE
TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2314
INVOCATION - Councilmember Nielsen
City Council /Successor Agency /Housing Authority April 16, 2013
Meeting Agenda Page 3 of 11
( "SOCCCD "), collectively the parties, of certain
property owned by the City (Parcel 1 -K -2 and a
portion of Parcel I- E -2.1) for property owned by
SOCCCD (Parcel I -E -3) and a portion of Parcel
IV -J -4 currently leased by SOCCCD from the City,
and accommodation of adequate land area by the
parties for a future Bell Avenue Extension
between Red Hill Avenue and Armstrong Avenue
including a portion of Parcel I -E -2.1 owned by the
City and dedication by SOCCCD of a portion of
Parcel I -E -1.1 currently owned by the SOCCCD
and a portion of Parcel IV -J -6 current leased by
SOCCCD from the City.
Agency
City of Tustin
City Negotiators
Jeffrey C. Parker, City Manager; David E. Kendig,
City Attorney, David A. DeBerry, Deputy City
Attorney, Matt West, Project Manager and George
Schlossberg, Kutak Rock
Negotiating Parties
Debra Fitzsimons, Vice Chancellor, SOCCCD
Under Negotiation
Price and Terms of Payment
5. Property The area bounded by Edinger Avenue on the
Address /Description North, Newport Avenue on the East, a Caltrans
ramp on the South, and State Route 55 on the
West
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager; John Buchanan
Negotiating Parties Scott Pollard, Esq. and Dennis Reyling, on behalf
of R.J. Noble
Under Negotiation Price and Terms of Payment
JOINT REGULAR MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY TO THE
TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2314
INVOCATION - Councilmember Nielsen
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PLEDGE OF ALLEGIANCE — Mayor Murray
ROLL CALL — City Clerk
CLOSED SESSION REPORT — City Attorney David E. Kendig
PRESENTATIONS
• Water Emergency Response Orange County (WEROC) — Kelly Hubbard
• Orange County Fire Authority - Ron Blaul, Deputy Chief
• Orange County Fire Authority Wild Fire Awareness Week - Kris Concepcion,
Division Chief
• Fair Housing Month — Martha Torres, Director of Investigations
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)
1. ORDINANCE NO. 1431 TO LEVY SPECIAL TAXES WITHIN CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 13 -01
Ordinance No. 1431 is an update to the Tustin City Code to authorize the
levying of special taxes within City of Tustin Community Facilities District No.
13 -01.
In the process of ensuring that all areas of concern were addressed in regards
to the levying of special taxes within City of Tustin Community Facilities District
No. 13 -01, staff did not meet the deadline to publish the notice of the public
hearing as required.
Recommendation: That the City Council move to continue the public hearing on
Ordinance 1431 to levy special taxes within City of Tustin Community Facilities
District 13 -01 to the May 7, 2013 City Council meeting.
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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 14)
2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY
COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD APRIL 2,
2013 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD APRIL 2,
2013.
Recommendation: That the City Council /Successor Agency and Housing
Authority approve the Action Minutes of the Joint Regular Meeting of the City
Council, Successor Agency to the Tustin Community Redevelopment and
Housing Authority held on April 2, 2013 and the Special Meeting City Council
meeting held on April 2, 2013.
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 $11,182.39 and
$1,105,011.47; and Demands in the amount of $608,582.88.
4. NOTICE OF DEFAULT — AFFORDABLE HOME LOCATED AT 14542
NEWPORT AVENUE #3
The Tustin Housing Authority is seeking authorization to cure a homeowner
default under the City's Affordable Housing Program at the Arbor Walk
development.
Recommendation: It is recommended the Tustin Housing Authority
Commission authorize the Tustin Housing Authority to pursue the City's option
to purchase the moderate income affordable housing unit at 14542 Newport
Avenue #3, prior to expiration of the statutory default period (April 22, 2013) or
any foreclosure sale of the subject property (on or about May 14, 2013), and
also authorize the Executive Director, or his designee, to execute any required
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documents, as may be necessary to implement such action as recommended
by the City Attorney. The price and terms will be discussed in Closed Session.
5. DESTRUCTION OF RECORDS — FINANCE DEPARTMENT
Resolution No. 01 -91, the Record Retention /Disposition Schedule, permits
destruction of records and documents which meet certain criteria with the
approval of the City Attorney and the City Council.
Recommendation: Adopt Resolution No. 13 -23, authorizing the destruction of
records in the possession of the Finance Department.
RESOLUTION NO. 13 -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF
THE FINANCE DEPARTMENT OF THE CITY OF TUSTIN NO
LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS,
PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF
TUSTIN'S RECORDS RETENTION SCHEDULE
6. DESTRUCTION OF RECORDS — CITY CLERK'S OFFICE
Resolution No. 01 -91, the Record Retention /Disposition Schedule, permits
destruction of records and documents which meet certain criteria with the
approval of the City Attorney and the City Council.
Recommendation: Adopt Resolution No. 13 -19, authorizing the destruction of
records in the possession of the City Clerk.
RESOLUTION NO. 13 -19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF
THE CITY CLERK OF THE CITY OF TUSTIN NO LONGER
REQUIRED FOR THE CONDUCT OF CITY BUSINESS, PURSUANT
TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S
RECORDS RETENTION SCHEDULE
7. TUSTIN GATEWAY HOTEL AND RETAIL DEVELOPMENT - 2ND
AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (DDA)
Approval is requested to amend the DDA to: 1) allow a single "drive- through" on
the southern pad of the retail parcel in connection with a Class A retail use, 2)
modify the schedule of performance for completing the retail development, and
3) obtain the agreement of the Developer to fund one -third of the installation of
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a traffic signal on Newport Avenue adjacent to the site.
Recommendation: Authorize the City Manager to execute the following
attached documents: (a) 2nd Amendment to the DDA (b) Memorandum of
Amendment No. 2 to DDA and (c) First Amendment to Declaration of Reciprocal
Easements, Covenants, Conditions and Restrictions, each by and among the
City of Tustin, R.D. Olson Development (Developer) and three development
entities TUSTIN GATEWAY RI SPE, LLC, TUSTIN GATEWAY FIS SPE, and
TUSTIN RETAIL SPE, LLC, (Developer Owners) subject to any non - substantive
modifications as may be deemed necessary and /or recommended by the City's
special real estate counsel or the City Attorney.
8. DISPOSITION PACKAGE 1C WEST - 1ST AMENDMENT TO EXCLUSIVE
NEGOTIATION AGREEMENT (ENA) WITH REGENCY CENTERS
ACQUISITIONS, LLC.
Approval is requested to amend the ENA with Regency Centers Acquisition,
LLC (Developer) by modifying the negotiation schedule, the Good Faith Deposit,
a deposit to offset City staff expenses during the negotiation period, and non -
reimbursable deposits for extending the negotiations.
Recommendation: Authorize the City Manager to execute the attached 1st
Amendment to the ENA between the City of Tustin and Regency Centers
Acquisition, LLC subject to any non - substantive modifications as may be
deemed necessary and /or recommended by the City's special real estate
counsel or the City Attorney.
9. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS
This report transmits two John Wayne Airport Noise Abatement Quarterly
Reports for the third and fourth quarters of 2012. The average noise level
measured at monitoring station NMS 10N, located at Columbus Tustin Middle
School on Beneta Way, remained relatively constant during the third and fourth
quarters. Average noise levels during the two quarters remained below the City,
County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL)
for residential uses.
Recommendation: That the City Council receive and file this report.
10. AWARD CONTRACT FOR THE FY 2012 -13 ROADWAY REHABILITATION
AND CITYWIDE SIDEWALK REPAIR PROJECT CIP 70001
Staff is requesting that the City Council award a construction contract to the
lowest responsive /responsible bidder for the Fiscal Year (FY) 2012 -13 Roadway
Rehabilitation and Citywide Sidewalk Repair Project CIP 70001.
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Recommendation: It is recommended that the City Council award a construction
contract to the lowest responsive /responsible bidder, Sequel Contractors, Inc.,
in the amount of $1,139,028.79, for the FY 2012 -13 Roadway Rehabilitation and
Citywide Sidewalk Repair Project CIP 70001 and authorize the Mayor and the
City Clerk to execute the contract documents on behalf of the City.
11. ADOPT RESOLUTION NO. 13 -25 APPROVING LOT LINE ADJUSTMENT NO.
2013 -01 TO RECONFIGURE LOT 20 (ANTON LEGACY APARTMENT) AND
LOT MMM (COMMUNITY PARK) OF TRACT MAP 17404 AND AUTHORIZE
EXECUTION OF A GRANT DEED SUMMARY
A lot line adjustment to reconfigure two (2) parcels is requested for Disposition
Parcel 1A, Lot 20 (Anton Legacy Development) and Lot MMM (Community
Park) of Tract Map 17404. The parcels are located in Neighborhood G at the
corners of Tustin Ranch Road, Legacy Road and Park Avenue. The proposed
lot line adjustment application has been submitted by St. Anton Partners on
behalf of the City of Tustin, owner of the property. A grant deed reflecting the lot
line adjustment must be recorded with the County Recorder, whereby the City
grants to itself the newly reconfigured parcels.
Recommendation: It is recommended that the City Council adopt Resolution No.
13 -25 approving Lot Line Adjustment No. 2013 -01 and authorize the Mayor and
City Clerk to execute a grant deed on behalf of the City reflecting Lot Line
Adjustment No. 2013 -01, subject to approval as to form with any minor non -
substantive modifications required by the City Attorney.
RESOLUTION NO. 13 -25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO.
2013 -01
12. ADOPT RESOLUTIONS 13 -26 AND 13 -27 APPROVING OF PLANS AND
SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR
ANNUAL LANDSCAPE MAINTENANCE SERVICES
On June 30, 2013 the City's existing contracts for annual landscape services for
the General Fund City/Water Facilities and the Tustin Landscape and Lighting
District are due to expire. In anticipation, staff has prepared a new bid packages
that covers a new initial contract for two years, with the option of providing three
additional one -year extensions at the City's sole discretion.
Recommendation: It is recommended that the City Council adopt Resolution No.
13 -26 & 13 -27 approving the plans and specifications and authorizing
advertisement for proposals for the annual landscape maintenance for the
General Fund City/Water Facilities and Tustin Landscape and Lighting District
Areas.
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RESOLUTION NO. 13 -26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS
FOR THE ANNUAL LANDSCAPE MAINTENANCE SERVICES FOR
THE GENERAL FUND CITY/WATER FACILITIES AND
AUTHORIZING ADVERTISEMENT FOR BIDS
RESOLUTION NO. 13 -27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS
FOR THE ANNUAL LANDSCAPE MAINTENANCE SERVICES FOR
THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND
AUTHORIZING ADVERTISEMENT FOR BIDS
13. ADOPT RESOLUTION NO. 13 -31 AUTHORIZING COMMENCEMENT OF
PROCEEDINGS AND DESIGNATING CONSULTANTS IN CONNECTION
WITH THE PROPOSED REFINANCING OF THE COMMUNITY FACILITIES
DISTRICT No. 04 -1 (TUSTIN /LEGACY /JOHN LAING HOMES) SPECIAL TAX
BONDS, SERIES 2004
The City is considering the issuance of special tax refunding bonds to refinance
the special tax bonds, series 2004 to take advantage of the favorable interest
rates and lower the annual debt service obligations. Resolution No. 13 -31
authorizes City Staff to proceed with the preparation of the documents needed
for the refinancing and designates consultants to assist with the proposed
issuance of special tax refunding bonds.
Recommendation: It is recommended that the City Council adopt Resolution
No. 13 -31 authorizing the commencement of proceedings and designating
consultants in connection with the proposed issuance of special tax refunding
bonds.
RESOLUTION NO. 13 -31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AUTHORIZING THE COMMENCEMENT OF
PROCEEDINGS FOR THE ISSUANCE OF SPECIAL TAX
REFUNDING BONDS, DESIGNATING CONSULTANTS AND
AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH
RESPECT THERETO — COMMUNITY FACILITIES DISTRICT NO.
04 -1
14. DECLARATION OF SURPLUS PROPERTY
The City has accumulated a quantity of obsolete and /or damaged computer and
computer related equipment. The listed equipment is no longer usable or
required for public use.
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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 Item 15 through 16)
15. ORDINANCE NO. 1428 TO AMEND ARTICLE 1 CHAPTER 1 AND ARTICLE 8
CHAPTER 1 AND CHAPTER 8 (CODE AMENDMENT 2013 -003) OF THE
TUSTIN CITY CODE INCORPORATING HEARING OFFICER GUIDELINES
FOR ADMINISTRATIVE HEARING PROCEDURES
On November 4, 2008, the Tustin City Council adopted Ordinance No. 1358
amending Article 1 of the Tustin City Code establishing an Administrative
Citation Program for penalty provisions for administrative citations.
Ordinance No. 1428 (Code Amendment 2013 -003) is a City initiated update to
the Tustin City Code Article 1 and Article 8 in order to:
• Establish Hearing Officer Guidelines
• Incorporate amendments that are consistent with State law
• Implement penalty fee provisions for non - payment of citations
• Update definitions and procedures
• Incorporate a fixed amount for compensation with a maximum overall
amount per hearing to Hearing Officers
Recommendation: That the City Council take the following action:
1. Introduce and have first reading of Ordinance No. 1428 amending Article
1 and Article 8 of the Tustin City Code and set second reading at the next
City Council Meeting; and
2. Adopt Resolution No. 13 -15 to establish Hearing Officer Guidelines and
authorize the Community Development Director to solicit Request for
Proposals (RFP) and enter into a contract for Hearing Officer services.
ORDINANCE NO. 1428
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AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING
ARTICLE 1 CHAPTER 1 AND ARTICLE 8 CHAPTER 1 AND CHAPTER
8 (CODE AMENDMENT 2013 -003) OF THE TUSTIN CITY CODE
RELATING TO CODE ENFORCEMENT AND ADMINISTRATIVE
CITATIONS
RESOLUTION NO. 13 -15
A RESOLUTION OF THE TUSTIN CITY COUNCIL ADOPTING
HEARING OFFICER GUIDELINES FOR THE ADMINISTRATIVE
HEARING PROCESS
16. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
OTHER BUSINESS /COMMITTEE REPORTS
ADJOURNMENT — The next meeting is scheduled for Tuesday, May 7, 2013 at 7:00 p.m.
for the Regular Business Meeting followed by the Closed Session Meeting in the Council
Chamber, 300 Centennial Way, Tustin, California.
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