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Home My WebLink About00 CC AGENDA 11.18.14 CITY OF TUSTIN JOINT REGULAR NOVEMBER 18, 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 #2356 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(d4)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 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 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. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Four 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 430-391-12, 430-391-09, and 430-391-03 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Dr. Gregory Franklin, Superintendent Under Negotiation Price and Terms of Payment 3. Property 14741 & 14751 Newport Avenue, APN 402-133-11 & Address/Description 402-133-12 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and Jerry Craig, Economic Development & Housing Manager Negotiating Parties Jim Palmer, President, Orange County Rescue Mission Under Negotiation Price and Terms of Payment 4. 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 A. Buchanan, Deputy Director of Economic Development Negotiating Parties Regency Centers, John Meehigan Under Negotiation Price and Terms of Payment City Council and Successor Agency November 18, 2014 Meeting Agenda Page 2 of 9 JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. CALL TO ORDER — Meeting #2356 INVOCATION — Father Al Baca, St. Cecilia PLEDGE OF ALLEGIANCE — Councilmember Nielsen 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 Nonprofit Awareness Month — Jim Palmer, President and Rob Jewel, Veterans' Outreach Care Coordinator, Orange County Rescue Mission 0 2014 Woman of Worth —Audra D. Wilford, Maxl-ove Project o American Diabetes Awareness Month — Monet Quick, American Diabetes Association 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. WITHDRAWAL OF PROJECT FOR THE DEVELOPMENT OF SIX (6) SINGLE FAMILY DETACHED RESIDENTIAL CONDOMINIUM UNITS AT 1381-1391 SAN JUAN STREET City Council and Successor Agency November 18, 2014 Meeting Agenda Page 3 of 9 Zone Change (ZC) 2014-001 , Subdivision (SUB) 2013-01 , Conditional Use Permit (CUP) 2013-01 , and Design Review (DR) 2013-002 was a project that proposed the construction of six (6) detached residential condominium units and related improvements at 1381-1391 San Juan Street. 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 requested that the City Council continue its consideration of the project to November 18, 2014, to provide 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. On September 16, 2014, the City Council continued the item to the November 18, 2014, City Council meeting. However, on October 15, 2014, the property owner submitted a written request to withdraw the application for the six (6) unit project, and indicated that the project will be revised to include a total of five (5) residences to comply with the existing zoning of the property. The revised project as described by the property owner will not require the City Council's approval of a zone change to increase the allowable density of development on the site. However, Planning Commission approval will be required for the subdivision to combine the two (2) parcels and construct five (5) detached residential condominiums on the site. Recommendation: That the City Council: 1 . Receive and file the property owner's letter to withdraw Zone Change 2014-001 , Subdivision 2013-01 for Tentative Tract Map 17655, 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; and 2. Remove the item from consideration as requested by the property owner 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 — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY City Council and Successor Agency November 18, 2014 Meeting Agenda Page 4 of 9 REDEVELOPMENT AGENCY HELD ON NOVEMBER 4, 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 November 4, 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 $651 ,320.59 and Demands in the amount of$5,216,598.06. 4. HOUSING RELATED PARKS PROGRAM GRANT On January 21 , 2014, the City Council adopted Resolution No. 14-11 , authorizing the City of Tustin to apply for a Housing Related Parks (HRP) Program Grant and to submit the 2013 Designated Program Year Application Package released by the State Department of Housing and Community Development (HCD) for the HRP Program. The HRP Program is funded by Proposition IC and administered by HCD and for the current funding cycle provides grant funds based on the number of bedrooms in qualifying affordable housing units permitted between January 1 , 2010, and June 30, 2013. The grant funds are required to be used for the costs of park and recreation facility creation, development, or rehabilitation, including the acquisition of land and the construction, rehabilitation, and acquisition of park equipment and physical property. On July 1 , 2014, HCD awarded the City of Tustin an HRP Program Grant in the amount of $260,700 to fund capital projects at Frontier Park located at 1400 Mitchell Avenue. One of the requirements of the HRP Program is a resolution from the City Council, authorizing the execution of the agreement with the State of California to secure the grant from HCD and stating the amount of the grant. Recommendation: Adopt Resolution No. 14-74, authorizing the execution of an agreement with the State of California to secure the grant, in the amount of $260,700, from HCD. City Council and Successor Agency November 18, 2014 Meeting Agenda Page 5 of 9 RESOLUTION NO. 14-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE STATE STANDARD AGREEMENT FOR THE HOUSING RELATED PARKS PROGRAM GRANT 5. SUMMARY OF PROJECTS The following report provides a summary of projects and activities from the Community Development Department to the Tustin City Council. The report focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest. Recommendation: That the City Council receive and file this item 6. PROMISSORY NOTE SETTLEMENT AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF FINANCE Approval is requested to enter into a Promissory Note Settlement Agreement ("Settlement Agreement') with the State of California Department of Finance ("DoF"). Recommendation: That the City Council take the following actions: 1 . Approve the attached Promissory Note Settlement Agreement with DoF; and 2. Authorize the City Manager to execute and transmit the Settlement Agreement to DoF; and 3. Authorize the Finance Department to appropriate $5,000,000 from Fund 189 (Land Held for Resale) and send payment as instructed by DoF upon execution of the Agreement. 7. ADOPT RESOLUTION NO. 14-66 TO APPROVE THE SUBMITTAL OF A REGIONAL SIGNAL SYNCHRONIZATION PROGRAM PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No. 14-66 will approve the submittal of an application prepared by the City of Santa Ana for the Seventeenth Street/Westminster Avenue Traffic Signal Synchronization Project to the Orange County Transportation Authority (OCTA). Participation by all agencies maintaining traffic signals within this corridor is needed for approval of a project application under the 2015 Call for Projects for the Competitive Measure M2 Traffic Signal Synchronization Program (Project P). City Council and Successor Agency November 18, 2014 Meeting Agenda Page 6 of 9 Recommendation: That the City Council adopt Resolution No. 14-66 approving the submittal of an application to the Orange County Transportation Authority for funding of the Seventeenth Street/Westminster Avenue Traffic Signal Synchronization Project under the 2015 Call for Projects for the Renewed Measure M Regional Traffic Signal Synchronization Program. RESOLUTION NO. 14-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN. CALIFORNIA, APPROVING THE SUBMITTAL OF AN APPLICATION FOR THE SEVENTEENTH STREETMESTMINSTER AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) 8. ADOPT RESOLUTION NO. 14-72 TO APPROVE THE SUBMITTAL OF A REGIONAL CAPACITY PROGRAM PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No. 14-72 will approve the submittal of an application for the Red Hill Avenue Northbound Widening and Raised Median Construction Project to the Orange County Transportation Authority (OCTA) under the 2015 Call for Projects for the Competitive Measure M2 Regional Capacity Program (Project O). Recommendation: That the City Council adopt Resolution No. 14-72 approving the submittal of an application to the Orange County Transportation Authority for funding of the Red Hill Avenue Northbound Widening and Raised Median Construction Project under the 2015 Call for Projects for the Renewed Measure M Regional Capacity Program. RESOLUTION NO. 14-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF AN APPLICATION FOR THE RED HILL AVENUE NORTHBOUND WIDENING AND RAISED MEDIAN PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPETITIVE MEASURE M2 REGIONAL CAPACITY PROGRAM (PROJECT O) 9. APPROVE GRANTS OF EASEMENTS TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER PORTIONS OF ADJACENT PARCELS ALONG WARNER AVENUE IN TUSTIN LEGACY Construction of the ongoing Warner Avenue Extension between Red Hill Avenue and Legacy Road includes installation of Southern California Edison Company (SCE) electrical lines and facilities within the roadway and adjacent parcels. It is therefore necessary for the City of Tustin to grant easements to City Council and Successor Agency November 18, 2014 Meeting Agenda Page 7 of 9 SCE for these electrical lines and facilities and for access purposes over these adjacent parcels. Recommendation: That the City Council: 1 . Grant an easement to the Southern California Edison Company over portions of Lots 2, 4, and C of TR 17144 adjacent to Warner Avenue as shown on the attached easement document exhibits for electrical facilities and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City; and 2. Grant an easement to the Southern California Edison Company over portions of Lots 40, 48, and C of TR 17404 adjacent to Warner Avenue as shown on the attached easement document exhibits for electrical facilities and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 10. AMENDING THE CITY'S CLASSIFICATION PLAN TO INCLUDE AN ADDITIONAL POSITION IN THE CLASSIFICATION OF BUILDING PERMIT TECHNICIAN AND ESTABLISH A LIMITED TERM PROJECT POSITION Approval of the following action will amend the City's Classification Plan to include one additional position in the classification of Building Permit Technician and authorize staff to fill the position as a limited term project position. Recommendation: That the City Council adopt City Council Resolution No. 14-75 to amend the City's Classification Plan and authorize the appointment of a project employee in the classification of Building Permit Technician for a period not to exceed five (5) years, unless otherwise extended by the City Council. RESOLUTION NO. 14-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN FOR THE CITY OF TUSTIN TO INCLUDE AN ADDITIONAL POSITION IN THE CLASSIFICATION OF BUILDING PERMIT TECHNICIAN AND AUTHORIZING THE ESTABLISHMENT OF A PROJECT POSITION REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 11 through 12) 11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1450 Ordinance No. 1450 approves Specific Plan Amendment 2014-001 , amending City Council and Successor Agency November 18, 2014 Meeting Agenda Page 8 of 9 Section 3.3.2 (Planning Area 1) of the Marine Corps Air Station Tustin Specific Plan District Regulations. Recommendation: Have second reading by title only and adoption of Ordinance No. 1450 (roll call vote). ORDINANCE NO. 1450 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2014-001 , AMENDING SECTION 3.3.2 (PLANNING AREA 1) OF THE MARINE CORPS AIR STATION (MCAS) TUSTIN SPECIFIC PLAN DISTRICT REGULATIONS BY ADDING USES SUCH AS BALL FIELDS, COURTS, PLAYGROUNDS AND OTHER RECREATION FACILITIES, PRIVATE RECREATIONAL FACILITIES, PUBLIC PARK, SPORTS FIELD LIGHTING, NATURE CENTER, AND OTHER CIVIC AND COMMUNITY CENTER BUILDINGS AS PERMITTED USES WITHIN PLANNING AREA 1 OF THE MCAS TUSTIN SPECIFIC PLAN 12. DRAFT CITY OF TUSTIN COMMERCIAL DESIGN GUIDELINES FOR THE CULTURAL RESOURCES DISTRICT The Commercial Design Guidelines (CDG) for the Cultural Resources District (CRD) will serve as a guide in the preservation of Old Town Tustin and its historically significant buildings and streetscapes. In addition, the CDG will provide basic principles for achieving quality design and development compatible with the character of the CRD and will help property owners and design professionals in designing projects that are acceptable and consistent with the design criteria and standards established for the CRD. On October 28, 2014, the Planning Commission conducted a public workshop on the CDG and recommended that the City Council approve the CDG for the CRD by adopting Resolution No. 4272. Recommendation: That the City Council adopt Resolution No. 14-73, approving the CDG for the CRD and direct staff to prepare associated implementation actions through City Code amendments for future consideration by the Planning Commission and City Council. RESOLUTION NO. 14-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE COMMERCIAL DESIGN GUIDELINES FOR THE CULTURAL RESOURCES DISTRICT OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, December 2, 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 November 18, 2014 Meeting Agenda Page 9 of 9