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Home My WebLink AboutCC MINUTES 10-07-14 MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 CENTENNIAL WAY, TUSTIN, CA CLOSED SESSION MEETING OCTOBER 7, 2014 5:30 P.M. CALL TO ORDER — Meeting #2353 at 5:31 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Dr. Allan Bernstein Absent: None City Clerk: Jeffrey.C. Parker, City Clerk Others Present: David E. Kendig, City Attorney PUBLIC INPUT— None 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 Cohen: Case No. 34-2013-80001623CUWMGDS; Appellate Court Case No. C076836 City Council and Successor Agency October 7, 2014 Minutes Page 1 of 13 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 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 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 RECESSED — 5:32 p.m. RECONVENED — 7:10 p.m. 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 at 7:10 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion City Council and Successor Agency October 7, 2014 Minutes Page 2 of 13 ROLL CALL — City Clerk ' Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Dr. Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT— City Attorney David E. Kendig — The Council unanimously denied Claim No. 14-18, other than that, no reportable action. The Council will reconvene following open session to discuss Item No. 5.2. PRESENTATIONS Mayor Murray presented a Certificate of Recognition to Colby Baron and Rehan Bokhari in honor of their participation in the American Legion Boys State Program. Mayor Murray introduced Interim Chief Bowman of the Orange County Fire Authority to the Tustin community. Mark Mosier, CALEA Program Manager presented the certification to Police Support Services Manager Kristin Miller, Captain Paul Garaven and Captain Steve Lewis. Mayor Murray presented a Proclamation to Captain Paul Garaven, Police Officer John Alvarado and Police Services Officer Marilyn Packer in recognition of Bullying Prevention Awareness Month. ORAL COMMUNICATION/PUBLIC INPUT o Dan Trznadel o Tony Magnemi o Lindburgh McPherson o Jon Kimbrell PUBLIC HEARING ITEMS 1-2 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 PowerPoint presentation by Director of Community Development Elizabeth City Council and Successor Agency October 7, 2014 Minutes Page 3 of 13 Binsack The project is a request to rezone an existing vacant parcel and respite park, 111 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) Public hearing opened at 7:51 p.m. Public hearing closed at 7:51 p.m., with no public comments It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Nielsen to: 1. Introduce and have first reading of Ordinance No. 1448 by title only, approving Zone Change (ZC) 2014-002, rezoning the property 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 October 21 , 2014 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. Motion carried: 5-0 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) PowerPoint presentation by Director of Community Development Elizabeth Binsack City Council and Successor Agency October 7, 2014 Minutes Page 4 of 13 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.) Public hearing opened at 8:03 p.m. Public Input: Pete Pirzadeh Public hearing closed at 8:05 p.m. It was moved by Mayor Murray and seconded by Councilmember Nielsen to 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 October 21, 2014 City Council meeting. Motion carried: 5-0 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 3-8 It was moved by Councilmember Bernstein and seconded by Councilmember Nielsen to approve the balance as recommended by staff. City Council and Successor Agency October 7, 2014 Minutes Page 5 of 13 Motion carried: 5-0 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 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. City Council and Successor Agency October 7, 2014 Minutes Page 6 of 13 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) 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) City Council and Successor Agency October 7, 2014 Minutes Page 7 of 13 REGULAR BUSINESS ITEM 9 9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1447 Ordinance No. 1447 amends Section 5331n of the Tustin City Code by establishlishing preferential permit only parking on Debusk Lane, Walter Avenue, Raleigh Place and Del Amo Avenue. Public Input: Toby Moore It was moved by Councilmember Nielsen and seconded by Councilmember Bernstein to have second reading by title only and adoption of Ordinance No. 1447 (roll call vote). Motion carried: 5-0 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 ' City Manager Jeffrey C. Parker Thanked Director of Community Development Elizabeth Binsack and staff for a successful Downtown Commercial Core Workshop Councilmember Bernstein September 18 o Attended the Orange County Vector Control meeting; provided an update on the West Nile virus o Attended the Association of California Cities of Orange County "Crisis Ahead" event September 19 o Attended the Association of California Cities of Orange County Legislative and Regulatory Committee meeting; discussed the water bond September 20 o Attended the Miss Tustin Fashion Show at the Wilcox Manor; congratulated Cherrill Cady and her staff City Council and Successor Agency October 7, 2014 Minutes Page 8 of 13 September 26 o Attended the Water Regulatory trip to Sacramento with the Metropolitan District of Orange County Reminded all that the Holocaust exhibit "Courage to Remember" will be held at the Tustin library from October 24 — November 2; encouraged residents to attend Wished Jewish constituents a happy, safe and prosperous year - 1575 years on the Hebrew calendar Thanked everyone for their wishes and prayers during a difficult time Councilmember Gomez September 18 o Celebrated the 25th Anniversary of the Senior Center and grand opening of the computer lab; thanked Marilyn Buescher, Sarah Randall and Sherry Geyer September 20 o Attended the Old Town Picnic at the McCharles House September 21 o Attended the Foothill Community Association BBQ at Irvine Park September 24 o Provided a City update to a group of local relators prior to their open house preview September 25 o Attended the Tustin Area Senior Advisory Board meeting; new committee chairs were assigned; potential fundraisers were discussed o Upcoming events: • The Annual Resource Fair and Flu Shot Clinic will be held on October 17 from 9:00 a.m. to 12:00 p.m. at the Senior Center • Free CarFit check for residents over 55 on October 23 from 9:00 a.m. to 12:00 p.m. • 2nd Annual Senior Santa project has started; donations are now being accepted September 25 o Attended the Santa Ana River Flood Protection Agency Executive Committee meeting ' Announced on September 27 the City's Shredding Event and Take Back Day were very successful City Council and Successor Agency October 7, 2014 Minutes Page 9 of 13 Announced she was unable to attend the Old Town Workshop due to her commitment to attend the American Association of University Women meeting October 1 o Attended the American Association of University Women meeting; presentation by the League of Women Voters which discussed California propositions on the November ballot; encouraged all to be informed when voting October 2 o Attended the Orange County Library Advisory Board meeting; updated the bylaws to address to quorum issue o Announced the Orange County Veteran's Council will provide a book titled "Korea Reborn a Grateful Nation" to all Orange County libraries o Upcoming events: • Karl Marlantes Author of "What's it's Like to go to War" will discuss his book at the Bower's Museum on November 19 at 7:30 p.m. • Authors are scheduled to speak at the Tustin Library on November 8 at 2:00 p.m. and November 12 at 7:00 p.m. • American Heroes Tribute exhibit will be displayed at the Tustin Library • Encouraged all to attend the Holocaust exhibit "Courage to Remember" at the Tustin Library from October 24 - November 2 Save the date for April 11, 2015: Literary Orange will be held at the Irvine Marriot The Tiller Days Baking Contest and Brew Fest were new events that were well-attended Thanked the Parks and Recreation staff and volunteers that contributed to the success of the Tiller Days festival Councilmember Nielsen September 18 o Attended the Senior Centers 25th anniversary and re-opening of the computer lab September 24 o Attended the Orange County Sanitation District Steering Committee meeting o Attended the Orange County Sanitation District Board of Directors meeting Attended the Tustin Tiller Days festival; thanked all that participated Announced that Old Town Art Walk will be held on October 18 Mayor Pro Tem Puckett City Council and Successor Agency October 7, 2014 Minutes Page 10 of 13 September 17 o Attended the Students Against Destructive Decisions fundraiser at Tustin Acura September 18 o Attended the Senior Center's 25th anniversary September 20 o Attended the Miss Tustin Fashion Show at the Wilcox Manor September 20 o Attended the Old Town Picnic at the McCharles House September 22 o Attended the "State of the Schools" breakfast at Tustin High School September o Attended the Los Angeles County Fair September 25 o Attended the ribbon cutting for Roundtable Pizza September 27 Attended the fundraiser for Hoag September 30 o Attended the Water Forum at the Community Center o Attended the Oversight Board to the Successor Agency meeting o Attended the Special City Council meeting October 1 o Attended the Transportation Corridor Agencies Mobility Ad Hoc Committee meeting October 2 o Attended the VIP party at Tiller Days October 4 o Rode in the Tustin Tiller Days parade Mayor Murray Committee Reports I September 17 o Attended the Association of California Cities of Orange County Board of Directors meeting City Council and Successor Agency October 7, 2014 Minutes Page 11 of 13 September 18 o Attended the Orange County Transportation Authority Legislative and Communications Committee meeting o Attended the Orange County Fire Authority Executive Committee meeting September 22 o Attended the Orange County Transportation Board of Directors meeting o Attended the Orange County Transportation Authority Securities Workshop September 24 o Attended the Orange County Transportation Authority update on Third District transportation projects September 25 o Attended the Orange County Fire Authority Claims and Board of Directors meeting September 26 o Attended the Association of California Cities of Orange County Roundtable with Congressman Ed Royce October 3 o Attended the 50th Annual Auto Show and Business meeting at the Anaheim Convention Center October 5 o Attended the Orange County Fallen Firefighters Remembrance Memorial Ceremony o Attended the Orange County Transportation Authority Regional Planning and Highways Committee meeting October 6 o Attended the Orange County Human Resources Committee meeting City Events September 18 o Attended the Senior Center 25th anniversary event September 28 o Attended the Annual Gala Tustin Acura Event September 22 o Attended the "State of the Schools" breakfast City Council and Successor Agency October 7, 2014 Minutes Page 12 of 13 September 26 o Attended the 4th Annual OC Stand Down event at Army Reserve Center September 27 o Attended the Orange County Transportation Authority Tustin Metrolink kickoff to San Juan Capistrano Greek Festival event o Attended the "Take Back Day" drug disposal collection by the Tustin Police Department o Attended the Tustin Shredding Event; coordinated by Erica Rabe City Clerk Services Supervisor September 30 o Attended the Tustin Water Forum at the Tustin Community Center o Attended the Special Closed Session Council meeting October 1 o Attended the Downtown Commercial Core Plan meeting October 2 o Attended the Tustin Tiller Days reception October 4 o Attended the Tustin Tiller Days Parade o Attended the grand opening event of the Once Upon a Story children's book store in Enderle Center October 5 o Presented a Proclamation to former Mayor Tony Coco as "Man of the Year ' of the Italian Americans Club at the Bowers Museum o Judged the Tiny Tiller Days Pageant RECESSED TO CLOSED SESSION — 8:37 p.m. RECONVENED IN OPEN SESSION — 9:21 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig —No reportable action ADJOURNED at 9:21 p.m. 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 r hamber, 300 Centennial Way, Tustin, California. 1 JIAL.� 1 , ,a ' ELWYN A!MURRAY, JEFFK C. PARKER, Mayor / City G'Ib k City Council and Successor Agency October 7, 2014 Minutes Page 13 of 13