HomeMy WebLinkAbout00 CC AGENDA 9.16.14 CITY OF TUSTIN JOINT REGULAR SEPTEMBER 16, 2014
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
AND SUCCESSOR AGENCY 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
Dr. Allan Bernstein, Councilmember Pamela Arends-King, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2352
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. LIABILITY CLAIM [Government Code § 54956.95] — Three Cases
a. Claim of Sharon Dasher, Claim No. 14-03
b. Claim of David and Barbara Jane Strohm, Claim No. 14-20
c. Claim of Sun De Tong, Claim No. 14-14
3. LABOR NEGOTIATIONS: [Government Code § 54957.6]
Agency Negotiators: David E. Kendig, City Attorney and Derick
Yasuda, Acting Director of Human Resources
Employee Organization: Unrepresented Executive Management and
Please note: Written materials relating to agenda items for an open session regular
meeting of the Council that are distributed to a majority of the Council members less
than 72 hours prior to the meeting are available for public inspection at the following
locations: In the City Clerk's Office during regular business hours and following
business hours (after 5:30 p.m.) in the Council Chamber on the day of the meeting.
Management Employees
4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
[Government Code § 54956.9(a)] — One Case
1 . Successor Agency to the Tustin Redevelopment Agency, et al. v. Michael
Cohen: Case No. 34-2013-80001623CUWMGDS-1 Appellate Court Case
No. C076836
5. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
[Government Code § 54956.9(d2)] — Two Cases
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code
§ 54956.8] — One Case
1 . 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 John A. Buchanan, Deputy Director of Economic
Development
Negotiating Parties Regency Centers, John Meehigan
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 #2352
INVOCATION — Father Al Baca
PLEDGE OF ALLEGIANCE — Councilmember Gomez
ROLL CALL — City Clerk
CLOSED SESSION REPORT — City Attorney David E. Kendig
City Council and Successor Agency September 16, 2014
Meeting Agenda Page 2 of 9
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.
PRESENTATIONS
o "Artz Building" - 150 & 158 W. Main Street
o Library Card Sign Up Awareness Month
o Chief Bowman, Orange County Fire Authority
o Orange County Fire Authority "Fire Prevention Week"
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. ZONE CHANGE 2014-001, SUBDIVISION 2013-01 FOR TENTATIVE TRACT
MAP 17665, CONDITIONAL USE PERMIT 2013-01, AND DESIGN REVIEW
2013-002 FOR THE DEVELOPMENT OF SIX (6) SINGLE FAMILY
DETACHED RESIDENTIAL CONDOMINIUM UNITS AT 1381-1391 SAN
JUAN STREET
The project is a request to construct six (6) detached residential condominium
units and related improvements at 1381-1391 San Juan Street. The project also
includes the demolition of the existing single story single family residence and
accessory structures at 1391 San Juan Street. The proposed project requires
the approval of a Zone Change (ZC), Subdivision (SUB), Conditional Use
Permit (CUP), and Design Review (DR). On August 12, 2014, the Planning
Commission adopted Resolution No. 4263, recommending that the Tustin City
Council deny the proposed project.
On September 10 and 11 , 2014, the property owner submitted written requests
that the City Council continue the item to November 18, 2014, to give the
property owner additional time to meet with staff and work on modifications to
the project to Increase the number of parking spaces and open space and to
decrease the massing of the buildings.
The staff report that was included with the City Council's September 16, 2014,
agenda packet provides a full discussion of the project.
Recommendation: That that City Council continue the item to the November 18,
2014, City Council meeting.
City Council and Successor Agency September 16, 2014
Meeting Agenda Page 3 of 9
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 7)
2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY
COUNCIL, THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD ON
SEPTEMBER 2, 2014
Recommendation: That the City Council approve the Action Minutes of the Joint
Regular Meeting of the City Council, the Successor Agency to the Tustin
Community Redevelopment Agency and Housing Authority held on September
2, 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 Tustin Community Redevelopment
Agency obligations that are in accordance with the approved budget or
continued operations authorizations.
Recommendation: Approve Payroll in the amount of $632,751 .72 and
Demands in the amount of$1 ,726,391 .13.
4. SUCCESSOR AGENCY APPROVAL OF THE RECOGNIZED OBLIGATION
PAYMENT SCHEDULE FOR PERIOD OF JANUARY 1, 2015 THROUGH
JUNE 30, 2015
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
Agency (Successor Agency), is seeking approval of the Recognized Obligation
Payment Schedule 14-15B ("ROPS 14-15B") for the period of January 1 , 2015
through June 30, 2015.
Recommendation: That the City Council, acting as the Successor Agency,
approve ROPS 14-15B for the period of January 1 , 2015 through June 30,
2015, and authorize submission of the ROPS 14-15B to the Department of
Finance ("DoF") by October 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 14-15B by
the Successor Agency, independent auditor, or the DoF, the Successor
Agency's Executive Director and/or Finance Director, or their authorized
City Council and Successor Agency September 16, 2014
Meeting Agenda Page 4 of 9
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 SEVENTH 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 Seventh
Amended Agreement for reimbursement of administrative support.
Recommendation:
1 . It is recommended the City Council approve and authorize the City to enter
into a Seventh 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. It is recommended the City, 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 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.
City Council and Successor Agency September 16, 2014
Meeting Agenda Page 5 of 9
6. 2014 BIENNIAL CONFLICT OF INTEREST CODE REVIEW
Biennially the City is required to review the list of designated positions in the
Conflict of Interest Code.
Recommendation: That the City Council adopt Resolution No. 14-61 modifying
the Appendix (Designated Positions) contained in the City's Conflict of Interest
Code.
RESOLUTION NO. 14-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN
THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND
REPEALING RESOLUTION NO. 12-78
7. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR PEPPERTREE PARK BOCCE BALL
COURTS (CIP NO. 20073)
The construction of the Peppertree Park Bocce Ball Courts is complete and the
project is ready for acceptance and filing of the Notice of Completion.
Recommendation: That the City Council:
1 . Adopt Resolution No. 14-54 accepting the Peppertree Park Bocce Ball
Court Improvements (CIP No. 20073), and
2. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's office.
RESOLUTION NO. 14-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
CALIFORNIA ACCEPTING THE WORKS OF PUBLIC IMPROVEMENT AND
AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION
FOR THE PEPPERTREE PARK BOCCE BALL COURTS (CIP NO. 20073)
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Items 8 through 11)
8. TRAVEL AND EXPENSE REIMBURSEMENT POLICY UPDATE
Consider updates and revisions to the City's Travel and Expense
Reimbursement Policy.
City Council and Successor Agency September 16, 2014
Meeting Agenda Page 6 of 9
Recommendation: That the City Council approve Resolution No. 14-62
amending the City's Expense Guidelines and Reimbursement Policy for City
Council and Commission members, in the form attached as Exhibit B.
RESOLUTION NO. 14-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AMENDING THE CITY'S EXPENSE GUIDELINES AND
REIMBURSEMENT POLICY FOR CITY COUNCIL AND COMMISSION
MEMBERS
9. ADOPT RESOLUTION NO. 14-60, A RESOLUTION OF THE CITY COUNCIL
ACTING AS THE LEGISLATIVE BODY OF THE CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TUSTIN
LEGACY/STANDARD PACIFIC) AUTHORIZING THE ISSUANCE OF ITS
SPECIAL TAX BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED
TWENTY NINE MILLION DOLLARS ($29,000,000) AND APPROVING
RELATED DOCUMENTS AND ACTIONS
In June 2014, the City of Tustin as the fee title owner of 100% of the real
property located in the Tustin Legacy Project (the "Project") received a written
request from two of its Councilpersons to commence proceedings to form a
community facilities district with boundaries coterminous with the Property to be
known as the "City of Tustin Community Facilities District No. 2014-1 (Tustin
Legacy/Standard Pacific)". After a regularly scheduled public hearing and
election, on June 17, 2014, CFD No. 2014-1 (Tustin Legacy/Standard Pacific)
(the "District") was formed pursuant to the provisions of the Mello-Roos
Community Facilities Act of 1982 as amended to provide for financing facilities
and services in the Project that will be developed into 375 single family homes,
a focal park, and other neighborhood amenities. In August 2014 the property
was conveyed to Standard Pacific Corporation ("Standard Pacific") pursuant to
the City's Development Disposition Agreement (the "DDA") with Standard
Pacific dated March 4, 2014.
Adoption of Resolution No. 14-60 to issue special tax bonds will provide funds
to construct backbone infrastructure for the new development and school district
facilities.
Recommendation: That the City Council adopt: Resolution No. 14-60, a
resolution of the City Council of the City of Tustin acting as the legislative body
of the City of Tustin Community Facilities District No. 2014-1 (Tustin
Legacy/Standard Pacific) authorizing the issuance of its special tax bonds in a
principal amount not to exceed twenty nine million dollars ($29,000,000) and
approving related documents and actions.
RESOLUTION NO. 14-60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACTING
City Council and Successor Agency September 16, 2014
Meeting Agenda Page 7 of 9
AS THE LEGISLATIVE BODY OF THE CITY OF TUSTIN COMMUNITY
FACILITIES DISTRICT NO. 2014-1 (TUSTIN LEGACY/STANDARD PACIFIC)
AUTHORIZING THE ISSUANCE OF ITS SPECIAL TAX BONDS IN A
PRINCIPAL AMOUNT NOT TO EXCEED TWENTY NINE MILLION DOLLARS
($29,000,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING
CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
10. AMEND CITY CODE SECTION 5331n BY ORDINANCE NO. 1447 TO
ESTABLISH PREFERENTIAL PERMIT ONLY PARKING ON DEBUSK LANE,
WALTER AVENUE, RALEIGH PLACE AND DEL AMO AVENUE
A resident on Del Amo Avenue, between Nisson Road and Mitchell Avenue,
and a resident on Debusk Lane have expressed concerns regarding overnight
parking of non-resident vehicles on their streets, along with associated trash
and night time noise. These residents have requested that the City establish
permit parking on their streets. While reviewing overnight parking on Del Amo
Avenue and Debusk Lane it was noted that Walter Avenue and Raleigh Place
should be considered as well. Therefore all four streets are included in this
recommendation for permit parking in order to provide consistency throughout
the neighborhood.
Recommendation: That the City Council introduce and have the first reading of
Ordinance No. 1447 by title only and set the second reading for the Council's
next scheduled meeting.
ORDINANCE NO. 1447
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n
REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY
11. LETTER OF SUPPORT REGARDING THE TRANSFER OF ORANGE
COUNTY SANITATION DISTRICT LOCAL SEWER AREA #7 TO EAST
ORANGE COUNTY WATER DISTRICT
The East Orange County Water District has submitted a Reorganization
Application with the Orange County Local Area Formation Commission that if
approved will transfer Orange County Sanitation District Local Sewer Area #7 to
East Orange County Water District.
Recommendation: That the City Council approve the letter (attached to the
agenda report) of support and authorize the Mayor to sign the letter on behalf of
the City.
OTHER BUSINESS/COMMITTEE REPORTS
City Council and Successor Agency September 16, 2014
Meeting Agenda Page 8 of 9
ADJOURNMENT — The next meeting is scheduled for Tuesday, October 7, 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 September 16, 2014
Meeting Agenda Page 9 of 9