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Home My WebLink About00 CC AGENDA 2.18.14CITY OF TUSTIN SPECIAL MEETING FEBRUARY 18, 2014 OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN 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 Pamela Arends-King, City Treasurer SPECIAL MEETING 4:30 P.M. CALL TO ORDER ATTENDANCE PUBLIC INPUT — Members of the public may address the City Council on items on the Special Meeting agenda. REGULAR BUSINESS ITEM 1. INTERVIEW AND APPOINT TWO MEMBERS TO THE PLANNING COMMISSION The City Council will conduct interviews and appoint two (2) members to the Planning Commission. The Planning Commissioners will serve until March 1, 2016 or until their respective successors are appointed and qualified. ADJOURNMENT 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. CITY OF TUSTIN JOINT REGULAR FEBRUARY 18, 2014 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND SUCCESSOR AGENCY Pt 0 300 CENTENNIAL WAY, TUSTIN 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 Pamela Arends-King, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2339 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 [Government Code § 54956.9(d2)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. LABOR NEGOTIATIONS [Government Code Section 54957.6] Agency Negotiators: Chuck Robinson, Deputy City Manager, and Derick Yasuda, Human Resources Manager Employee Organization: Tustin Municipal Employees Association (TM EA) Employee Organization: Tustin Police Officers Association Management Unit (TPMA) 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: Employee Organization: Employee Organization: Employee Organization: Employee Organization: Employee Organization: Tustin Police Officers Association Officer Unit (TPOA) Tustin Police Support Service Association (TPSSA) Unrepresented Confidential Employees Unrepresented Supervisory Employees Unrepresented Executive Management and Management Employees Unrepresented Part -Time Employees 4. LIABILITY CLAIM [Govt. Code § 54956.95] — Two Cases 1. Consideration of Claim of David Martinez, Claim No. 13-18 2. Consideration of Claim of Javier & Karen Orejel, Claim No. 13-19 5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — One Case 1. Successor Agency to the Tustin Redevelopment Agency, et al. v. Matasantos Case No. 34-2013-80001623 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Four Cases 1. Property Tustin Legacy Disposition Package 1 B to include sale Address/Description of Lots 8, 13, 14 and a portion of lettered lot 00000 in Tract 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Ted McKibbin, President Standard Pacific Homes, Southern California Coastal Under Negotiation Price and terms of payment 2. Property APN: 430-391-12, 430-391-09, and 430-391-03 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Gregory Franklin, Superintendent Under Negotiation Price and Terms of Payment 3. Property Tustin Legacy Disposition Package 1C to include Address/Description Lots 1, X and Y of Tract Map 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development City Council and Successor Agency February 18, 2014 Meeting Agenda Page 2 of 10 Negotiating Parties Under Negotiation 4. Property Address/Description Agency City Negotiators Negotiating Parties Under Negotiation Regency Centers, John Meehigan Price and terms of payment APN 430-391-20, 430-391,03, 430-391-63, 430- 271-36 City of Tustin Jeffrey C. Parker, Buchanan, Deputy Development Pacific Coast Investors City Manager and John Director of Economic 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 #2339 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS o Mothers Against Drunk Driving "Deuce Award" Tustin Police Officer Tim Carson o National Night Out o Christina Schulz, Orange County Rescue Mission o Mike Yeun, Orange County Fire Authority "Firefighter of the Year" for Battalion 4 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. City Council and Successor Agency February 18, 2014 Meeting Agenda Page 3 of 10 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) DEVELOPMENT AGREEMENT (DA) 2013-003, SPECIFIC PLAN AMENDMENT 2013-002, TENTATIVE -TRACT MAP 17507, CONCEPT PLAN 2013-002, DESIGN REVIEW 2013-006, AND DISPOSITION AND DEVELOPMENT AGREEMENT 13-03 FOR THE DEVELOPMENT OF 375 HOMES WITHIN NEIGHBORHOOD G, MCAS TUSTIN SPECIFIC PLAN The project is a request to construct 375 single family detached units, a focal park, and other neighborhood amenities. The site is located within Planning Area 15 (Neighborhood G) of the MCAS Tustin Specific Plan and generally bounded by future Moffett Drive to the north, Jamboree Road to the east, Warner Avenue off -ramp to the south, and future Park Avenue to the west. The proposed project requires approval of Specific Plan Amendment, Concept Plan, Tentative Tract Map, Design Review, Development Agreement, and Disposition and Development Agreement. On December 10, 2013, the Planning Commission adopted Resolution No. 4239 recommending that the City Council approve the proposed project. Recommendation: That the City Council adopt: 1. Resolution No. 14-12, finding the project is within the scope of the certified Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse and Specific Plan, the Supplemental and Addendum, and that pursuant to Government Code Section 65457, no further environmental review is required; 2. Resolution No. 14-13, approving Disposition and Development Agreement (DDA) 2013-003 between the City of Tustin and Standard Pacific Corp for development of 375 residential units, a focal park and other community amenities; and, authorizing the City Manager to execute said DDA 2013-03, 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 and to carry out all City actions necessary to implement the DDA including execution of related documents as required by the DDA. 3. Introduce and have first reading by title only of Ordinance No. 1440 for Specific Plan Amendment 2013-002, an amendment to the MCAS Tustin City Council and Successor Agency February 18, 2014 Meeting Agenda Page 4 of 10 Specific Plan to allow guest parking be provided on private local streets. 4. Introduce and have first reading by title only of Ordinance No. 1441 for Development Agreement 2013-003 to facilitate the development and conveyance of an approximate 78 acre site within the boundaries of MCAS Tustin specific plan. 5. Resolution No. 14-14, approving Concept plan 2013-002 to develop 375 residential units and ensure necessary linkages are provided between the development project, the integrity of the specific plan and purpose and intent of the neighborhood is maintained, and applicable city requirements are identified and satisfied; Tentative Tract Map 17507 to subdivide an approximately 78 acre site into 376 numbered lots and 75 lettered lots; and Design Review 2013-006 for the design and site layout of 375 single family detached units, a focal park, and other neighborhood amenities. RESOLUTION NO. 14-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL JOINT ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS/EIR), AS AMENDED BY SUPPLEMENT AND ADDENDUMS, IS ADEQUATE TO SERVE AS THE PROJECT ENVIRONMENTAL DOCUMENT FOR DEVELOPMENT AGREEMENT (DA) 2013-003, DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) 13-03, SPECIFIC PLAN AMENDMENT 2013-002, CONCEPT PLAN 2013-002, TENTATIVE TRACT MAP 17507, AND DESIGN REVIEW 2013-006 FOR THE DEVELOPMENT OF 375 RESIDENTIAL UNITS WITHIN PLANNING AREA 15 OF NEIGHBORHOOD G OF THE MCAS TUSTIN SPECIFIC PLAN. RESOLUTION NO. 14-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT 13-03 BETWEEN THE CITY OF TUSTIN AND STANDARD PACIFIC CORPORATION FOR THE DEVELOPMENT OF 375 RESIDENTIAL UNITS, A FOCAL PARK AND OTHER NEIGHBORHOOD AMENITIES WITHIN PLANNING AREA 15 OF NEIGHBORHOOD G OF THE MCAS TUSTIN SPECIFIC PLAN ORDINANCE NO. 1440 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2013-002 TO ALLOW GUEST PARKING BE PROVIDED ON PRIVATE LOCAL STREETS WITHIN THE MCAS TUSTIN SPECIFIC PLAN. ORDINANCE NO. 1441 City Council and Successor Agency February 18, 2014 Meeting Agenda Page 5 of 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2013-003 BETWEEN THE CITY OF TUSTIN AND THE STANDARD PACIFIC CORP. TO FACILITATE THE DEVELOPMENT OF 375 HOMES WITHIN NEIGHBORHOOD G OF THE MCAS TUSTIN SPECIFIC PLAN RESOLUTION NO. 14-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONCEPT PLAN 2013-002, TENTATIVE TRACT MAP 17507, AND DESIGN REVIEW 2013-006 FOR THE DEVELOPMENT OF 375 RESIDENTIAL UNITS WITHIN PLANNING AREA 15 OF NEIGHBORHOOD G OF THE MCAS TUSTIN SPECIFIC PLAN. 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 8) 2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD FEBRUARY 4, 2014 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 February 4, 2014. 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 $10,200.00 and $613,359.68; and Demands in the amount of $2,567,959.08. 4. SUCCESSOR AGENCY APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR PERIOD OF JULY 1, 2014 THROUGH DECEMBER 31, 2014 Pursuant to AB 1X 26 and the recently passed AB 1484, the City of Tustin, acting as the Successor Agency to the Tustin Community Redevelopment City Council and Successor Agency February 18, 2014 Meeting Agenda Page 6 of 10 Agency (Successor Agency), is seeking approval of the Recognized Obligation Payment Schedule 14-15A ("ROPS 14-15K) for the period of July 1, 2014 through December 31, 2014. Recommendation: That the City Council, acting as the Successor Agency, approve ROPS 14-15A for the period of July 1, 2014 through December 31, 2014, and authorize submission of the ROPS 14-15A to the Department of Finance ("DoF") by March 3, 2014, subject to the following conditions: 1. Review and approval by the Oversight Board; and 2. Should any subsequent modifications be required to ROPS 14-15A by the Successor Agency, independent auditor, or the DoF, the Successor Agency's Executive Director and/or Finance Director, or their authorized designee, shall be authorized to make any augmentation, modification, additions or revisions as may be necessary subject to certification by the Oversight Board Chair. (Note: Pursuant to AB 1484 -amended California Health and Safety Code (HSC) Section 34177(m), the above actions by the City's Successor Agency shall not become effective for forty-five (45) business days after approval by the Oversight Board pending a review by the DoF. Within five business days of the DoF's determination, the Successor Agency can request additional review by the DoF and an opportunity to meet and confer on disputed items.) 5. SUCCESSOR AGENCY APPROVAL OF AMENDED ADMINISTRATIVE BUDGETS AND AUTHORIZATION TO ENTER INTO A SIXTH AMENDED AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY FOR ADMINISTRATIVE SUPPORT Successor Agency approval is requested of an amended Administrative Budget and authorization for the City and Successor Agency to enter into a Sixth Amended Agreement for reimbursement of administrative support. Recommendation: That the City Council - 1 . ouncil: 1. Approve and authorize the City to enter into a Sixth Amended Agreement for Reimbursement of Costs and City/Successor Agency Operations Loan with the City acting as Successor Agency to the Tustin Community Redevelopment Agency. 2. Acting as the Successor Agency to the Tustin Community Redevelopment Agency ("Successor Agency"), take the following actions: A. Approve the attached amended Administrative Budget pursuant to California Health and Safety Code (HSC) Section 341770). Should City Council and Successor Agency February 18, 2014 Meeting Agenda Page 7 of 10 any subsequent modifications be determined necessary, the City Manager and/or Finance Director, or their authorized designee, shall be authorized to make augmentation, modification, additions, or revisions as may be necessary subject to Oversight Board approval. B. Approve and authorize the Successor Agency to enter into an Agreement for Reimbursement of Costs and City/Successor Agency Operations Loan with the City for reimbursement of costs incurred by the City to support Successor Agency operations, obligations consistent with the Administrative Budget approved by the Successor Agency. The Successor Agency shall also be authorized to enter into any agreements necessary to provide administrative support services as identified in the Administrative Budget attached hereto. 6. COMMUNICATIONS SITE LICENSE AGREEMENT WITH T -MOBILE WEST LLC FOR EXISTING WIRELESS FACILITIES AT TUSTIN SPORTS PARK (12850 ROBINSON DRIVE) Approval is requested for a Communication Site License Agreement between the City (Licensor) and T -Mobile West LLC (Licensee) at the Tustin Sports Park. Recommendation: That the City Council authorize the City Manager to execute the attached Communications Site License Agreement with T -Mobile West LLC, a Delaware limited liability company, subject to any non -substantive modifications as may be deemed necessary by the City Attorney prior to execution of the Agreement. 7. COMMUNICATIONS SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR EXISTING WIRELESS FACILITIES AT TUSTIN SPORTS PARK (12850 ROBINSON DRIVE) Approval is requested for a Communication Site License Agreement between the City (Licensor) and New Cingular Wireless PCS, LLC (Licensee) at the Tustin Sports Park. Recommendation: That the City Council authorize the City Manager to execute the attached Communications Site License Agreement with New Cingular Wireless PCS, LLC, a Delaware limited liability company, subject to any non - substantive modifications as may be deemed necessary by the City Attorney prior to execution of the Agreement. 8. DECLARATION OF SURPLUS PROPERTY The City has accumulated a quantity of obsolete and/or damaged computer and City Council and Successor Agency February 18, 2014 Meeting Agenda Page 8 of 10 computer related equipment. The listed equipment is no longer usable or required for public use. Recommendation.- 1. ecommendation: 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 9 through 11) 9. PURPLE HEART CITY DESIGNATION To show its respect for American soldiers who were wounded or killed in battle, the Resolution No. 14-18 designates the City of Tustin as a Purple Heart City. Recommendation: Pleasure of the City Council RESOLUTION NO. 14-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING THE CITY OF TUSTIN A PURPLE HEART CITY 10. AUTHORIZE THE REQUEST FOR THE ORANGE COUNTY TRANSPORTATION AUTHORITY MEASURE M2 TIER 2 ENVIRONMENTAL CLEANUP PROGRAM FUNDING DEFERRAL FOR THE TUSTIN LEGACY DETENTION BASIN AND WETLANDS The City of Tustin was awarded a grant in the amount of $824,688 from the Orange County Transportation Authority (OCTA) Measure M2 Environmental Cleanup Program Tier 2 for the Tustin Legacy Detention Basin. The funds were budgeted for Fiscal Year 2013/2014 and the grant requires that a contract for the work must be awarded by June 30, 2014. Project design is in process. However, award of the construction contract is not anticipated until the end of 2014. A 24 -month funding deferral request will be submitted to OCTA at the first 2014 grant semi-annual review. To submit the request for deferral, OCTA requires City Council concurrence with the request. Recommendation: That the City Council authorize the Public Works Department to request a one-time, two year extension from OCTA for the Measure M2 Environmental Cleanup Program Tier 2 funding for construction of the Tustin Legacy Detention Basin. City Council and Successor Agency February 18, 2014 Meeting Agenda Page 9 of 10 11. ADOPT RESOLUTION NO. 14-17 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2014-2015 State law requires an engineering analysis each year to identify property benefits and to levy assessments in the Tustin Landscape and Lighting District. Resolution No. 14-17 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2014-2015. Recommendation: That the City Council adopt Resolution No. 14-17 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2014-2015. RESOLUTION NO. 14-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2014-2015 OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, March 4, 2014 at 4:30 p.m. for the Special Meeting for the Audit Commission and Community Services Commission Interviews followed by the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council and Successor Agency February 18, 2014 Meeting Agenda Page 10 of 10