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Home My WebLink About000 CC AGENDA 3.4.14CITY OF TUSTIN JOINT REGULAR MARCH 4, 2014 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND SUCCESSOR AGENCY 0 300 CENTENNIAL WAY, TUSTIN Charles E. "Chuck" Puckett, Mayor Pro Tern 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 #2340 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. LIABILITY CLAIM [Govt. Code § 54956.95] — Three Cases 1. Consideration of Claim of Michael Bailey, Claim No. 13 -26 2. Consideration of Claim of Maria Gomez, Claim No. 13 -30 3. Consideration of Claim of Randeleigh Harris, Claim No. 13 -32 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — One Case 1. Successor Agency to the Tustin Redevelopment Agency, et al. v. 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. Matasantos Case No. 34- 2013 - 80001623 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Three Cases Property Address /Description Agency City Negotiators Negotiating Parties Under Negotiation APN: 430 - 391 -12, 430 - 391 -09, and 430 - 391 -03 City of Tustin Jeffrey C. Parker, City Manager Tustin Unified School District, represented by Gregory Franklin, Superintendent Price and Terms of Payment 2. 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 Negotiating Parties Regency Centers, John Meehigan Under Negotiation Price and terms of payment 3. Property APN 430 - 391 -20, 430 - 391,03, 430 - 391 -63, 430 - Address /Description 271 -36 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Pacific Coast Investors 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 #2340 INVOCATION — Pastor Dane Counts PLEDGE OF ALLEGIANCE — Councilmember Nielsen City Council and Successor Agency March 4, 2014 Meeting Agenda Page 2 of 9 ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS - Brain Injury Awareness Month — High Hopes Head Injury Program 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. 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. APPEAL OF DENIAL OF MASSAGE ESTABLISHMENT APPLICATION - TUSTIN DAY SPA Ms. Lisa Huynh ( "Appellant ") appeals from and requests reconsideration of the Planning Commission's January 28, 2014 decision upholding the Director of Finance's November 25, 2013 denial of a massage establishment permit application for Tustin Day Spa (18121 Irvine Blvd., Suites A & B, Tustin, CA). The Director of Finance's November 25, 2013 Denial of Massage Establishment Permit Application is included as Attachment "A" in the staff report. Planning Commission Resolution No. 4252 upholding the denial of the Tustin Day Spa massage establishment permit is included as Attachment "B" in the staff report. The Appellant's February 5, 2014 written appeal, as supplemented by letter dated February 12, 2014, is included as Attachment "C" in the staff report. Any decision of the Planning Commission may be appealed to the City Council. All appeals must be made in writing and must specify the decision appealed from, the specific action or relief sought by the appellant in the appeal, and the reasons why the action taken by the Planning Commission should be modified or reversed. The appeal hearing shall be de novo and the City Council may approve, approve with conditions, or disapprove the matter, or remand the matter to the Planning Commission for further proceedings in accordance with directions of the City Council. (TCC § 9294(b)) Recommendation: That the City Council uphold the denial of the Appellant's massage establishment permit application and adopt Resolution No. 14 -21. City Council and Successor Agency March 4, 2014 Meeting Agenda Page 3 of 9 RESOLUTION NO. 14 -21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE DENIAL OF THE TUSTIN DAY SPA MASSAGE ESTABLISHMENT PERMIT APPLICATION FOR THE PREMISES LOCATED AT 18121 IRVINE BOULEVARD, SUITES A & B TUSTIN, CALIFORNIA 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 10) 2. APPROVAL OF MINUTES — SPECIAL MEETING OF THE CITY COUNCIL HELD FEBRUARY 18, 2014 AND JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD FEBRUARY 18, 2014 Recommendation: That the City Council approve the Action Minutes of the Special Meeting of the City Council on February 18, 2014 and 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 18, 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 $616,265.40; and Demands in the amount of $3,318,530.99. 4. RENEWAL OF FIELD SERVICES 4/10 WORK SCHEDULE AND CITY HALL HOLIDAY CLOSURE PROGRAM FOR 2014 As a pilot program in calendar year 2013, City Hall was closed on the days between Christmas Day and New Year's Eve, with employees using accrued paid leave for their regularly scheduled hours during this time period. Also as a pilot program in calendar year 2013, Field Services personnel were assigned to a 4/10 work schedule during Daylight Savings Time. Formal authorization from the City Council will allow the City to implement these programs once again in 2014, in accordance with City Council direction. City Council and Successor Agency March 4, 2014 Meeting Agenda Page 4 of 9 Recommendation: That the City Council take the following actions, in accordance with previous City Council direction: 1. Renew for calendar year 2014 the Field Services 4/10 Work Schedule as set forth in the City's current memorandum of understanding (MOU) with the Tustin Municipal Employees Association (TMEA); and 2. Renew for calendar year 2014 the City Hall Holiday Closure program as set forth in the City's current memorandum of understanding (MOU) with the Tustin Municipal Employees Association (TMEA); and 3. Extend the City Hall Holiday Closure by one additional day through Friday, January 2, 2015. 5. AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLANS Approval of the following action will amend the City's Classification Plan and Compensation Plan to re- establish a salary range for the classification of Police Chief. Recommendation: Adopt Resolution 14 -19 to amend the City's Classification and Compensation Plans. RESOLUTION NO. 14 -19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN 6. 2013 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION MONITORING STATUS REPORT FOR FEIS /EIR FOR MCAS TUSTIN SPECIFIC PLAN The California Government Code requires that the Planning Commission provide an annual progress report to the City Council on the status of the City's General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing development, maintenance, and improvement. In addition, the City Council certified the Program Final Environmental Impact Statement /Environmental Impact Report (FEIS /EIR) for the Disposal and Reuse of MCAS Tustin along with its Supplemental and Addendums. The FEIS /EIR evaluated the environmental impacts of the reuse and disposal of MCAS- Tustin, which included the adoption of a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP requires City Council and Successor Agency March 4, 2014 Meeting Agenda Page 5 of 9 annual review to ensure compliance with required mitigations. On February 25, 2014, the Planning Commission reviewed the General Plan Annual Report and Annual Mitigation Monitoring Status Report and authorized staff to forward the reports to the City Council. With Council authorization, staff will forward the General Plan Annual Report to the State Office of Planning and Research and the State Department of Housing and Community Development (HCD) in fulfillment of the State's requirement, and receive and file the Annual Mitigation Monitoring Status Report Recommendation: That the City Council: 1. Authorize staff to forward the General Plan Annual Report to the State Office of Planning and Research and the State Department of Housing and Community Development; and 2. Receive and file the Annual Mitigation Monitoring Status Report and authorize staff to submit a subsequent report when considerable and significant activities occur. 7. AUTHORIZE PURCHASE OF THREE UTILITY TRUCKS, ONE PASSENGER VAN, ONE ROTARY LAWNMOWER AND DECLARE SURPLUS EQUIPMENT FOR PUBLIC AUCTION Staff is requesting City Council authorization to purchase three utility trucks and one three deck rotary mower for use by the Public Works Department, and one passenger van for use by the Parks and Recreation Department. In addition, the City Council is requested to declare certain city equipment no longer required for public use in accordance with Section 1630a (2) of the Tustin City Code (TCC) and authorize their sale at public auction. Recommendation: That the City Council: 1. Adopt Resolution No. 14 -20 authorizing the State of California Department of General Services to purchase three utility trucks and one passenger van from Winner Chevrolet in Elk Grove, CA. in the amount of $130,271.07 and one three deck (16 foot) Toro Groundsmaster rotary lawnmower in the amount of $89,313.81 to Turf Star in Brea, CA. 2. Declare, in accordance with the Tustin City Code - Section 1630a (2), the attached itemized list of equipment as surplus and not required for public use and authorize the sale of the equipment at the next available public auction, crediting net proceeds to applicable City revenue fund. RESOLUTION NO. 14 -20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, City Council and Successor Agency March 4, 2014 Meeting Agenda Page 6 of 9 CALIFORNIA AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS 8. TUSTIN LEGACY FIRE STATION FACILITY LEASE BETWEEN THE CITY OF TUSTIN AND THE ORANGE COUNTY FIRE AUTHORITY FOR OPERATION OF THE NEW FIRE STATION NO. 37 AT 15011 KENSINGTON PARK DRIVE Approval is requested to execute the Tustin Legacy Fire Station Facility Lease between the City of Tustin and the Orange County Fire Authority, for the new City -owned fire station located at 15011 Kensington Park Drive. Recommendation: That the City Council authorize the City Manager to execute the attached Tustin Legacy Fire Station Facility Lease between the City of Tustin and Orange County Fire Authority 9. APPROPRIATE FUNDS FOR PREPARATION OF VACANT PROPERTY FOR VEHICLE STORAGE AT 15171 DEL AMO AVENUE Staff is requesting an appropriation of $170,000 from the undesignated, unappropriated General Fund Reserve to the Capital Projects Fund (Fund 200) to cover the cost of preparing the vacant portion of the City owned property at 15171 Del Arno Avenue. The improvement of the vacant lot will accommodate storm water quality enhancement and the flexibility to store new vehicle inventory currently being kept at the Tustin Metrolink Station by various auto dealerships in the Tustin Auto Center. New sidewalk along the frontage Del Arno Avenue to Newport Avenue will also be incorporated. Recommendation: That the City Council appropriate $170,000 from the undesignated unappropriated General Fund Reserve to the Capital Projects Fund (Fund 200) to provide for site enhancements for the City owned property at 15171 Del Arno Avenue. 10. AWARD OF BID FOR THE PEPPERTREE PARK BOCCE BALL COURTS The bid opening for the Peppertree Park Bocce Ball Court project was held on February 20, 2014. The Peppertree Park Bocce Ball Courts were identified by the Community Services Commission as the next project to be completed on their Seven -Year Capital Improvement Project Priority List. Recommendation: That City Council: 1. Award the construction contract to TED Enterprises from San Clemente, California, in the amount of $116,990.00 subject to the approval of contract requirements by the City Attorney and final execution of the contract. City Council and Successor Agency March 4, 2014 Meeting Agenda Page 7 of 9 2. Staff recommends the City Council approve additional funding from Park Development Fund 131, not to exceed $45,000, to complete this project. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 11 and 12) 11. SECOND READING AND ADOPTION OF 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 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. Recommendation: Have second reading by title only and adoption of Ordinance No. 1440 (roll call vote). 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. 12. SECOND READING AND ADOPTION OF ORDINANCE NO. ORDINANCE NO. 1441 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 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, City Council and Successor Agency March 4, 2014 Meeting Agenda Page 8 of 9 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. Recommendation: Have second reading by title only and adoption of Ordinance No. 1441 (roll call vote). ORDINANCE NO. 1441 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 OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, March 18, 2014 for 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 March 4, 2014 Meeting Agenda Page 9 of 9