HomeMy WebLinkAbout00 CC AGENDA 8.20.13 CITY OF TUSTIN JOINT REGULAR MEETING AUGUST 20, 2013
OF THE CITY COUNCIL AND SUCCESSOR COUNCIL CHAMBER
AGENCY TO THE TUSTIN COMMUNITY 300 CENTENNIAL WAY, TUSTIN
REDEVELOPMENT AGENCY _
Charles E. "Chuck" Puckett, Mayor Pro Tem Jeffrey C. Parker, City Manager
John Nielsen, Councilmember Al Murray, Mayor David E. Kendig, City Attorney
Rebecca "Beckie" Gomez, Councilmember Jeffrey C. Parker, City Clerk
Allan Bernstein, Councilmember Pam Arends-King, Interim City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2325
ATTENDANCE
PUBLIC INPUT — Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from the City Attorney, that discussion in open session of the following matters will
prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION [Govt.
Code § 54956.9(d2)] — Department of Finance and One Case
2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(d2)] — Two Cases
3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt.
Code § 54956.9(a)] — One Case
a. Name of Claim: Mark Hocevar
Case No(s). WCAB: ADJ8869086, ADJ8869087, ADJ8869088, ADJ8869691
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
54956.8) — One Case
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.
1 . 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, John Buchanan,
Program Manager and Amy Freilich, Special Real
Estate Counsel
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
JOINT REGULAR MEETING OF THE
CITY COUNCIL AND SUCCESSOR AGENCY TO THE
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
7:00 P.M.
CALL TO ORDER — Meeting #2325
INVOCATION — Councilmember Gomez
PLEDGE OF ALLEGIANCE - Mayor Pro Tem Puckett
ROLL CALL — City Clerk
CLOSED SESSION REPORT — City Attorney David E. Kendig
PRESENTATIONS
• Recognition of Chief of Police, Scott M. Jordan
ORAL COMMUNICATION/PUBLIC INPUT —At this time, any member of the public may
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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 . CONDITIONAL USE PERMIT (CUP) 2012-10, 310 SOUTH PASADENA
AVENUE (WILCOX MANOR)
Conditional Use Permit (CUP) 2012-10 was originally proposed to allow a
maximum of 24 paid outdoor weddings, birthday parties, and similar
celebratory event per year at the existing single family residence at 310 S.
Pasadena Avenue. On October 9, 2012, the Planning Commission adopted
Resolution No. 4207 recommending that the Tustin City Council approve CUP
2012-10 to allow a total of 24 (paid and non-paid) outdoor events per year at
310 S. Pasadena Avenue, subject to revised conditions.
Following the Planning Commission meeting, the applicants requested that a
total of 36 (paid and non-paid) outdoor events per year be allowed and
requested that some of the conditions of approval recommended by the
Planning Commission be modified by the City Council.
The project site is within the Cultural Resource (CR) District and Single Family
Residential (R1) District. Pursuant to Tustin City Code (TCC) Section
9252j2(a)(2), the Tustin City Council may consider a proposed non-listed use
of a property within the CR District when the use supports the purposes of the
CR District, following a public hearing and recommendation by the Planning
Commission.
At the request of the applicants, this item was continued from the November 6,
2012, to the January 15, 2013, meeting of the Tustin City Council, and again
to the September 17, 2013, meeting of the Tustin City Council. This item has
been re-noticed for the August 20, 2013, meeting of the Tustin City Council.
Applicants: Michael Demoratz and Lindburgh McPherson
Planning Commission Recommendation.-
Pursuant
ecommendation:Pursuant to Tustin City Code Section 9252j2(a)(2), the Planning Commission
has recommended that the City Council adopt Resolution No. 13-74,
approving Conditional Use Permit 2012-10, determining that the proposed
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project supports the purposes of the CR District and authorizing a maximum of
24 outdoor events per year at the existing single family residence at 310 S.
Pasadena Avenue (Attachment G of the staff report).
In the alternative, the Council may take one of the following actions:
• Adopt a modified Resolution No. 13-74 approving Conditional
Use Permit 2012-010, determining that the proposed project
supports the purposes of the CR District and authorizing a
maximum of 36 outdoor events per year at the existing single
family residence at 310 S. Pasadena Avenue (as requested by
the applicants - Attachment F of the staff report); or
• Direct staff to prepare a resolution of denial of Conditional Use
Permit 2012-10, with findings that the use does not support the
purposes of the CR District and findings for the denial of a
conditional use permit; or
• Take other actions as deemed appropriate.
RESOLUTION NO. 13-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
2012-10, AUTHORIZING A MAXIMUM OF 24 OUTDOOR EVENTS
PER YEAR AT 310 SOUTH PASADENA AVENUE.
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 13)
2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY
COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY HELD JULY 16, 2013 AND THE SPECIAL
MEETING OF THE CITY COUNCIL HELD JULY 24, 2013
Recommendation: That the City Council and Successor Agency approve the
Action Minutes of the Joint Regular Meeting of the City Council and the
Successor Agency to the Tustin Community Redevelopment Agency held on
July 16, 2013 and the Special Meeting of the City Council held July 24, 2013.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
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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 ,159.88, $11 ,758.79,
$15,310.89, $612,516.86, $622,920.17 and $762,130.99; and Demands in the
amount of$9,154,806.66.
4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted
Investment Policy.
Recommendation: Receive and file.
5. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY
RETIREMENT OF MARK HOCEVAR
Adoption of the attached Resolution will certify that Mark Hocevar is
industrially disabled from his position of Police Officer and allow CalPERS to
process his retirement in a timely manner.
Recommendation: Adopt Resolution No. 13-76 finding that Police Officer
Mark Hocevar is industrially disabled from performing the duties of his
position.
RESOLUTION NO. 13-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT MARK HOCEVAR, A
LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM
HIS DUTIES AS A POLICE OFFICER
6. VEHICLE PURCHASES - HONDA POLICE MOTORCYCLES
The purpose of this report is to provide the Department with a
recommendation for the efficient and cost effective procurement of the
Department's enforcement motorcycle fleet.
Five (5) Police Department motorcycles are in need of replacement. The
Department has determined the need to purchase five (5) Honda ST1300-PA
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police motorcycles. The price of emergency vehicle equipment is included in
the cost of the motorcycle. Radio and communications equipment is installed
at the Orange County Communications radio repair facility.
Recommendation: That the City Council authorize-
1 .
uthorize:1 . The purchase of five (5) 2012 Honda ST1300-PA motorcycles from
Huntington Beach Honda in Huntington Beach, California, in the
amount of $134,590.80 (including tax, license, fees, delivery, police
equipment, and installation).
2. The additional change-over costs for radio and communications
equipment on five (5) 2012 Honda ST1300-PA motorcycles from
Orange County Communications in Orange, California, in the
amount of$12,388.75.
7. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE GRAFFITI
REMOVAL PROGRAM
The City's contract with Graffiti Control Systems expires on November 21 ,
2013. To continue the City's contract graffiti removal program, it is necessary
for the City Council to authorize staff to advertise for contractor bids.
Recommendation: That the City Council authorize and direct the Community
Development Director to advertise for contractor bids to continue
implementation of the City's graffiti removal program.
8. ADOPT RESOLUTION NO. 13-03 APPROVING LOT LINE ADJUSTMENT
NO. 2012-02
A lot line adjustment to merge two (2) parcels is required to facilitate
construction of the proposed mixed use building located at 125 W. Main
Street. The proposed lot line adjustment application has been submitted by
Payam Jahangiri of Pacific Maintenance & Repair, Inc.
Recommendation: That the City Council adopt Resolution No. 13-03
approving Lot Line Adjustment No. 2012-02.
RESOLUTION NO. 13-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT
NO. 2012-02
9. APPROVE GRANTS OF EASEMENTS TO THE SOUTHERN CALIFORNIA
EDISON COMPANY OVER PORTIONS OF ADJACENT PARCELS ALONG
TUSTIN RANCH ROAD, VALENCIA AVENUE, VICTORY ROAD, AND PARK
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AVENUE IN TUSTIN LEGACY
Construction of the ongoing Tustin Ranch Road Extension Project includes
installation of Southern California Edison Company (SCE) electrical lines and
facilities within roadways and adjacent parcels. It is therefore necessary for
the City of Tustin to grant easements to SCE for these electrical lines and
facilities and for access purposes over these adjacent parcels.
Recommendation: That the City Council-
1 .
ouncil:1 . Grant an easement to the Southern California Edison Company over
portions of Lots Z, HHH, III and KKK of TR 17404 as shown on the
attached easement document exhibits for electrical facilities and access
purposes, and authorize the Mayor and City Clerk to execute the
document on behalf of the City;
2. Grant an easement to the Southern California Edison Company over
portions of Lot Y of TR 17404 as shown on the attached easement
document exhibits for electrical facilities and access purposes, and
authorize the Mayor and City Clerk to execute the document on behalf
of the City; and
3. Grant an easement to the Southern California Edison Company over
portions of Lots 19, RR, QQ, 000, and CCCC of TR 17404 as shown on
the attached easement document exhibits for electrical facilities and
access purposes, and authorize the Mayor and City Clerk to execute
the document on behalf of the City.
10. AWARD CONTRACT FOR THE NEWPORT AVENUE BICYCLE TRAIL
RECONSTRUCTION BETWEEN MAIN STREET AND IRVINE BOULEVARD
PROJECT CIP 70219
Staff is requesting that the City Council award a construction contract to the
lowest responsive/responsible bidder for the Newport Avenue Bicycle Trail
Reconstruction between Main Street and Irvine Boulevard Project CIP 70219.
Recommendation: That the City Council award a construction contract to the
lowest responsive/responsible bidder, Golden State Constructors, Inc., in the
amount of $421 ,689.00, for the Newport Avenue Bicycle Trail Reconstruction
between Main Street and Irvine Boulevard Project CIP 70219 and authorize
the Mayor and the City Clerk to execute the contract documents on behalf of
the City.
11 . ACCEPT PUBLIC IMPROVEMENTS AND AUTHORIZE RELEASE OF
BONDS FOR TRACT MAP 16790, IRP NEVIS TUSTIN, LLC (THE
COTTAGES)
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All public improvements associated with Tract Map No. 16790 have been
completed. The Public Works Department is now recommending acceptance
of public improvements and release of the public improvement bonds.
Recommendation: That the City council:
1 . Accept the public improvements for Tract Map No. 16790; and
2. Authorize the City Clerk's office to release the following bonds in the
indicated amounts:
• Faithful Performance Bond (Bond No. 282549) - $49,500.00
• Labor & Material Bond (Bond No. 282549) - $25,000.00
• Warranty Bond (Bond No. 287975) - $5,000.00
12. AWARD CONTRACT FOR THE MCFADDEN AVENUE REHABILITATION
BETWEEN MANTLE LANE AND PASADENA AVENUE PROJECT CIP NO.
70213 AND THE IRVINE BOULEVARD REHABILITATION BETWEEN
PROSPECT AVENUE AND HOLT AVENUE PROJECT CIP NO. 70218
Staff is requesting that the City Council award a construction contract to the
lowest responsive/responsible bidder for the McFadden Avenue Rehabilitation
between Mantle Lane and Pasadena Avenue Project CIP 70213 and the Irvine
Boulevard Rehabilitation between Prospect Avenue and Holt Avenue Project
CIP 70218.
Recommendation: That the City Council award a construction contract to the
lowest responsive/responsible bidder, Sequel Contractors, Inc., in the amount
of $771 ,728.55, for the McFadden Avenue Rehabilitation between Mantle
Lane and Prospect Avenue Project CIP 70213 and the Irvine Boulevard
Rehabilitation between Prospect Avenue and Holt Avenue Project CIP 70218
and authorize the Mayor and the City Clerk to execute the contract documents
on behalf of the City.
13. AWARD CONTRACT FOR THE ENDERLE CENTER DRIVE AND
VANDENBERG LANE INTERSECTION ENHANCEMENTS PROJECT CIP
40078
Staff is requesting that the City Council award a construction contract to the
lowest responsive/responsible bidder for the Enderle Center Drive and
Vandenberg Lane Intersection Enhancements Project CIP 40078.
Recommendation: That the City Council award a construction contract to the
lowest responsive/responsible bidder, Sequel Contractors, Inc., in the amount
of $165,262.25, for the Enderle Center Drive and Vandenberg Lane
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Intersection Enhancements Project CIP 40078 and authorize the Mayor and
the City Clerk to execute the contract documents on behalf of the City.
REGULAR BUSINESS ITEM
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Item 14)
14. ORDINANCE NO. 1430 (CODE AMENDMENT (CA) 2013-002) - PROPOSED
AMENDMENTS TO THE TUSTIN SUBDIVISION CODE (ARTICLE 9,
CHAPTER 3 OF THE TUSTIN CITY CODE).
On July 9, 2013, the Tustin Planning Commission adopted Resolution No.
4217 recommending that the Tustin City Council adopt Ordinance No. 1430
(Code Amendment 2013-002) amending the Tustin Subdivision Code (Article
9, Chapter 3 of the Tustin City Code). The proposed amendments are the first
comprehensive update of the Subdivision Code since 1981, and are part of
the Community Development Department's continuing effort to implement
Tustin City Council policy direction by making government processes and
procedures more streamlined.
Recommendation: That the City Council Introduce and have first reading by
title only of Ordinance No. 1430 (Code Amendment 2013-002) amending the
Tustin Subdivision Code (Article 9, Chapter 3 of the Tustin City Code).
ORDINANCE NO. 1430
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 2013-
002, AMENDING THE TUSTIN SUBDIVISION CODE (ARTICLE 9,
CHAPTER 3 OF THE TUSTIN CITY CODE).
OTHER BUSINESS/COMMITTEE REPORTS
ADJOURNMENT — The next meeting is scheduled for Tuesday, September 3, 2013 at
5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at
7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California.
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