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Home My WebLink About00 CC AGENDA 10.21.14 CITY OF TUSTIN JOINT REGULAR OCTOBER 21, 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 #2354 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] — Two Cases 1 . Claim of Marie Harrison, Claim No. 14-05 2. Claim of Felix Ryan, Claim No. 14-22 3. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — One Case 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. 1 . 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 JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. CALL TO ORDER — Meeting #2354 INVOCATION — Pastor Shelly Juskiewicz, Mariners Church PLEDGE OF ALLEGIANCE — Mayor Pro Tem Puckett 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 Dental Care for Children —Tustin Family and Youth Center Dental Clinic Update City Council and Successor Agency October 21, 2014 Meeting Agenda Page 2 of 6 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. INTERIM URGENCY ORDINANCE NO. 1451 MASSAGE ESTABLISHMENTS Adoption of Interim Urgency Ordinance No. 1451 would enact a temporary moratorium on the approval of massage establishment permits, use permits, building permits, business licenses and other applicable approvals, licenses, permits or other entitlements for the establishment, expansion and/or relocation of any massage establishment in the City of Tustin. Recommendation: That the City Council adopt Interim Urgency Ordinance No. 1451 by at least a four-fifths vote. ORDINANCE NO. 1451 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITTING THE ESTABLISHMENT OR EXPANSION OF MASSAGE ESTABLISHMENTS (4/5ths Vote Required) 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 5) 2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON OCTOBER 7, 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 October 7, 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. City Council and Successor Agency October 21, 2014 Meeting Agenda Page 3 of 6 Recommendation: Approve Payroll in the amount of $626,468.23 and Demands in the amount of$3,061 ,233.06. 4. RESOLUTION MAKING FINDINGS RELATED TO APPROVAL OF THE SECOND AMENDMENT TO OCFA JOINT POWERS AUTHORITY AGREEMENT - EQUITY This item is submitted to request approval of a Resolution by each of the Orange County Fire Authority's member agencies making findings related to approval of the Second Amendment to the Amended Joint Powers Authority (JPA) Agreement seeking to address the equity issue. Recommendation: Approve and adopt Resolution 14-68 making findings related to approval of the Second Amendment to the Amended Orange County Fire Authority Joint Powers Agreement. RESOLUTION NO. 14-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN MAKING FINDINGS RELATED TO THE CITY'S PRIOR APPROVAL OF THE ORANGE COUNTY FIRE AUTHORITY'S SECOND AMENDMENT TO THE AMENDED JOINT POWERS AUTHORITY AGREEMENT 5. ADOPT RESOLUTION NO. 14-65 TO ACCEPT IMPROVEMENTS FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS (PHASE 3) CIP NO. 40079 Construction of the Traffic Signal Battery Backup System Installations (Phase 3) CIP No. 40079 has been completed to the satisfaction of the City Engineer and the project is now ready for City Council acceptance. Recommendation: That the City Council: 1 . Adopt Resolution No. 14-65 accepting the construction of the Traffic Signal Battery Backup System Installations (Phase 3) CIP No. 40079; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 14-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS (PHASE 3) CIP 40079 City Council and Successor Agency October 21, 2014 Meeting Agenda Page 4 of 6 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 6 through 8) 6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1448 Ordinance No. 1448 approves Zone Change 2014-002 amending the zoning designation from Central Commerical (C2) to Public and Institutional (P&I) for a property located at 450 EI Camino Real to accommodate an existing public park use. Recommendation: Have second reading by title only and adoption of Ordinance No. 1448 (roll call vote). ORDINANCE NO. 1448 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, 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 7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1449 Ordinance No. 1449 approves Amendment No. 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 23,622 square feet of the former Edwards Theater located at 2982-3030 EI 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. Recommendation: Have second reading by title only and adoption of Ordinance No. 1449 (roll call vote). ORDINANCE NO. 1449 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, 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 23,622 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 City Council and Successor Agency October 21, 2014 Meeting Agenda Page 5 of 6 COMMERCIAL CENTER 8. TUSTIN COMMUNITY CENTER AT THE MARKET PLACE FACILITY USE POLICIES AND FEE SCHEDULE Through Development Agreement 2014-001 that establishes the Tustin Community Center at the Market Place as a community facility, it is necessary to formulate Facility Use Policies and a Facility Fee Schedule. Recommendation: That the City Council approve the attached Facility Use Policies and Facility Fee Schedule for the Tustin Community Center at the Market Place and request the Mayor to appoint an Ad Hoc Committee consisting of two (2) City Council members to recommend the twelve (12) fee exempt City events per year for the City Council's consideration. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, November 4, 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 21, 2014 Meeting Agenda Page 6 of 6