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Home My WebLink About00 CC AGENDA 10.07.14CITY OF TUSTIN JOINT REGULAR OCTOBER 7, 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 Dr. Allan Bernstein, Councilmember Pamela Arends -King, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2353 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 1. Claim of Janice Yoshida, Claim No.14 -21 2. Claim of Mountain View Tire and Service Inc., Claim No. 14 -18 3. Claim of Municipal Auditing Services, Claim No. 14 -23 3. 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 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. Cohen: Case No. 34- 2013- 80001623CUWMGDS; Appellate Court Case No. C076836 4. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Two Cases Property 430 - 371 -18, 19, 20, 21, 22, 23, 24, 25, 26, 62, 63, Address /Description 64, 65, 66, 67, 68 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 2. Property Tustin Ranch Road to the West, future Valencia Address /Description Avenue to the North, future Park Avenue to the East and Lot JJJ of Tract Map 17404 to the South, inclusive of Lots 17, 18, 19, III, MMMMM, FFF, HHH, GGG of Tract Map 17404 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and Elizabeth Binsack, Director of Community Development Negotiating Parties Rick Aschenbrenner, Spieker Senior Development Partners 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 #2353 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion City Council and Successor Agency October 7, 2014 Meeting Agenda Page 2 of 7 ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig 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 The American Legion Boys State Program o Chief Bowman, Orange County Fire Authority o Mark Mosier, CALEA Program Manager o Bullying Prevention Awareness Month PUBLIC HEARING ITEMS 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 Items 1 and 2) 1. ZONE CHANGE 2014 -002 AND CONDITIONAL USE PERMIT 2014 -17, A REQUEST TO REZONE AN EXISTING VACANT PARCEL AND RESPITE PARK FROM CENTRAL COMMERCIAL (C2) DISTRICT TO PUBLIC AND INSTITUTIONAL (P &I) DISTRICT AND APPROVE A CONDITIONAL USE PERMIT FOR A SMALL PUBLIC PARK The project is a request to rezone an existing vacant parcel and respite park, located at 450 El Camino Real, from Central Commercial (C2) to Public and Institutional (P &I) zoning districts and approve a conditional use permit for a public park use. On September 9, 2014, the Planning Commission adopted Resolution No. 4265, recommending that the Tustin City Council approve Zone Change 2014 -002 and Conditional Use Permit 2014 -17. (Applicant: Successor Agency to the Tustin Community Redevelopment Agency) Recommendation: That the City Council: 1. Introduce and have first reading of Ordinance No. 1448 by title only, approving Zone Change (ZC) 2014 -002, rezoning the property City Council and Successor Agency October 7, 2014 Meeting Agenda Page 3 of 7 located at 450 El Camino Real from Central Commercial (C2) Zoning District to Public & Institutional (P &I) Zoning District and set a second reading at the next City Council meeting; and 2. Adopt Resolution No. 14 -63 approving Conditional Use Permit (CUP) 2014 -17 to allow a public park use at the property located at 450 El Camino Real. ORDINANCE NO. 1448 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 2014 -002 AMENDING THE ZONING DESIGNATION FROM CENTRAL COMMERCIAL (C2) TO PUBLIC AND INSTITUTIONAL (P &I) FOR A PROPERTY LOCATED AT 450 EL CAMINO REAL TO ACCOMMODATE AN EXSITING PUBLIC PARK USE RESOLUTION NO. 14 -63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2014 -17 FOR A PUBLIC PARK USE FOR A PROPERTY LOCATED AT 450 EL CAMINO REAL. 2. DEVELOPMENT AGREEMENT (DA) 2014 -001 (FIFTH AMENDMENT TO EAST TUSTIN DEVELOPMENT AGREEMENT) The project is a proposed agreement between the City of Tustin and The Irvine Company LLC that would modify the East Tustin Development Agreement (ETDA) to allow the conversion of up to 23,662 square feet of the former Edwards Theater located at 2982 -3030 El Camino Real to Community Facilities available to the public and to allow the transfer of development rights of the theater space to other potential development sites within The Market Place commercial center. On September 9, 2014, the Planning Commission adopted Resolution No. 4266, recommending that the City Council approve the proposed Development Agreement. (Applicants: Peter K. Pirzadeh, P.E. on behalf of The Irvine Company, and the City of Tustin.) Recommendation: That the City Council introduce and have first reading of Ordinance No. 1449, by title only approving Amendment #5 to the ETDA (DA 2014 -001) between the City of Tustin and The Irvine Company LLC, to allow the conversion of up to 23,662 square feet of the former Edwards Theater located at 2982 -3030 El Camino Real to a City of Tustin Community Center, and to allow the transfer of development rights of the theater space to other potential development sites within the Tustin Market Place commercial center, and set a second reading for the next City Council meeting. City Council and Successor Agency October 7, 2014 Meeting Agenda Page 4 of 7 ORDINANCE NO. 1449 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING AMENDMENT #5 TO THE EAST TUSTIN DEVELOPMENT AGREEMENT (DA 2014 -001) BETWEEN THE CITY OF TUSTIN AND THE IRVINE COMPANY LLC, TO ALLOW THE CONVERSION OF UP TO 23,662 SQUARE FEET OF THE FORMER EDWARDS THEATER LOCATED AT 2982- 3030 EL CAMINO REAL TO A CITY OF TUSTIN COMMUNITY CENTER AND TO ALLOW THE TRANSFER OF DEVELOPMENT RIGHTS OF THE THEATER SPACE TO OTHER POTENTIAL DEVELOPMENT SITES WITHIN THE TUSTIN MARKET PLACE COMMERCIAL CENTER. 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 3 through 8) 3. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON SEPTEMBER 16, 2014 AND THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 30, 2014 Recommendation: That the City Council 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 September 16, 2014 and the Special Closed Session Meeting of the City Council held on September 30, 2014. 4. 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 $625,995.61 and Demands in the amount of $7,757,883.55. 5. SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT Consider amending the City Manager's employment agreement. Recommendation: Adopt Resolution 14 -59 approving Amendment No. 2 to the Employment Agreement with the City Manager, and authorize the Mayor to City Council and Successor Agency October 7, 2014 Meeting Agenda Page 5 of 7 execute the Amendment. RESOLUTION NO. 14 -59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER 6. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the second quarter of 2014. The average noise level measured at Tustin's monitoring station (NMS 1ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior quarters during this second quarter reporting period. Average noise levels during the first quarter were well 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. 7. TUSTIN AUTO CENTER MERCHANTS' ASSOCIATION GROUND LEASE AND REIMBURSEMENT AGREEMENT Approval is requested to enter into a Ground Lease and Reimbursement Agreement ( "Ground Lease ") with the Tustin Auto Center Merchants' Association ( "Association ") for storing vehicles on a vacant parcel in Tustin Legacy and appropriate $150,000 from unappropriated General Fund Reserves (Fund 100) for site preparation. Recommendation: That the City Council take the following actions: 1. Deem entering into the Ground Lease with the Association is an appropriate action as outlined in Tustin City Code Section 7960(B); 2. Direct the City Attorney to negotiate and prepare a final Ground Lease with the Association, in substantially the same form as the draft Ground Lease attached (to the agenda report), adding a temporary parking area in Tustin Legacy for the Auto Dealers to store vehicles; 3. Authorize the City Manager to execute and approve any non - substantive changes to the Ground Lease; and 4. Authorize an appropriation of $150,000 from the unappropriated General Fund Reserves (Fund 100) for site preparation. 8. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR CENTENNIAL PARK ENTRY PLAYGROUNDS AND LAUREL GLEN PARK PAR COURSE RENOVATIONS (CIP No. 20075) City Council and Successor Agency October 7, 2014 Meeting Agenda Page 6 of 7 This project includes the purchase and installation of playground equipment and ADA required playground surfacing at the four entries to Centennial Park as well as new fitness station equipment at Laurel Glen Park. Recommendation: That the City Council approve Resolution No. 14 -64, approving specifications for the renovation of the entry playgrounds at Centennial Park and the fitness 'par course' stations at Laurel Glen Park (CIP No. 20075) and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 14 -64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE RENOVATION OF THE CENTENNIAL PARK ENTRY PLAYGROUNDS AND LAUREL GLEN PAR COURSE (CIP No. 20075) REGULAR BUSINESS ITEM Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 9) 9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1447 Ordinance No. 1447 amends Section 5331 n of the Tustin City Code by establishlishing preferential permit only parking on Debusk Lane, Walter Avenue, Raleigh Place and Del Arno Avenue. Recommendation: Have second reading by title only and adoption of Ordinance No. 1447 (roll call vote). 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 OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, October 21, 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 October 7, 2014 Meeting Agenda Page 7 of 7