HomeMy WebLinkAbout00 CC AGENDA 9.15.15CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
AND THE TUSTIN HOUSING AUTHORITY
John Nielsen, Mayor Pro Tem
Rebecca Gomez, Councilmember Charles E. Puckett, Mayor
Al Murray, Councilmember
Dr. Allan Bernstein, Councilmember
SEPTEMBER 15, 2015
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
Jeffrey C. Parker, City Manager
David E. Kendig, City Attorney
Jeffrey C. Parker, City Clerk
Pamela Arends-King, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2375
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. LIABILITY CLAIMS [Government Code § 54956.95] — One Case
a. Claim of Elisa Morris and Jacob Trimmer, Claim No. 15-19
4. PUBLIC EMPLOYMENT PERFORMANCE EVALUATION: [Government Code §
54957] — 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.
a. Title: City Manager
5. CONFERENCE WITH LABOR NEGOTATIONS [Government Code § 54957.6] -
Unrepresented employee: City Manager
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code §
54956.8] — One Case
Property 430-283-05
Address/Description
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager and Matthew S.
West, Assistant to the City Manager
Negotiating Parties Orange County Rescue Mission, represented by
Jim Palmer
Under Negotiation Price and Terms of Payment
7. THREAT TO PUBLIC SERVICES OR FACILITIES [Government Code § 54957(a)]
a. Consultation with Tustin Police Department, Police Chief
REGULAR MEETING OF THE CITY COUNCIL AND
THE TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2375
INVOCATION — Councilmember Bernstein
PLEDGE OF ALLEGIANCE — Mayor 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.
City Council/Housing Authority September 15, 2015
Meeting Agenda Page 2 of 10
PRESENTATIONS —
o Peter Brakke, Franchised Restaurant Operator Chick-fil-A: Christmas in July
o Dr. Charles P. Tozzer, Founder Dental Care for Children: Tustin Dental Clinic
o Division Chief Kris Concepcion, Orange County Fire Authority
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 1 through 13)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON
THE AGENDA
Recommendation: That the City Council waive reading in full of all ordinances
and resolutions on the agenda and declare that said titles which appear on the
public agenda shall be determined to have been read by title and further reading
waived.
2. APPROVAL OF MINUTES — JOINT PUBLIC WORKSHOP OF THE CITY
COUNCIL AND PLANNING COMMISSION HELD ON JULY 6, 2015;
REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING
AUTHORITY HELD ON AUGUST 18,2015; AND SPECIAL MEETING OF THE
CITY COUNCIL HELD ON AUGUST 25, 2015
Recommendation: That the City Council approve the Action Minutes of the
Joint Public Workshop held on July 6, 2015; Regular Meeting of the City Council
and Tustin Housing Authority held on August 18, 2015; and Special Meeting of
the City Council held on August 25, 2015.
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 $740,147.84, 732,512.88;
and Demands in the amount of $5,178,912.26.
4. TUSTIN LEGACY PARCEL 1A - ANTON LEGACY TUSTIN L.P. (ST. ANTON
City Council/Housing Authority September 15, 2015
Meeting Agenda Page 3 of 10
PARTNERS) CERTIFICATE OF COMPLIANCE
Approval is requested for the Certificate of Compliance for Anton Legacy Tustin
L.P (St. Anton Partners).
Recommendation: That the City Council approve the Certificate of Compliance
pursuant to Section 9.2.2 of the Disposition and Development Agreement
between the City and Anton Legacy Tustin L.P. (St. Anton Partners).
5. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT
Pursuant to the Tustin Housing Authority Bylaws and State of California
Housing Authorities Law of the California Health and Safety Code, the Tustin
Housing Authority is holding an annual meeting and receiving and filing the
annual report for the preceding fiscal year.
Recommendation:
That the Tustin Housing Authority Commissioners take the following actions:
1. Open their Annual Meeting and receive and file the Annual Report for Fiscal
Year ("FY") 2014-2015 and transmit such report to the Tustin City Council.
2. Close their Annual Meeting
That the Citv Council take the followina actions:
1. Receive and file the Housing Authority's Annual Report for FY 2014-2015.
2. Direct that a copy of the Housing Authority's Annual Report for FY 2014-
2015 be filed with the City Clerk and ex -officio Clerk of the City Council of
the City of Tustin and the California State Department of Housing and
Community Development.
6. 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.
7. ADOPT RESOLUTION NO. 15-68 AUTHORIZING COMMENCEMENT OF
PROCEEDINGS AND DESIGNATING CONSULTANTS IN CONNECTION
WITH THE PROPOSED REFINANCING AND ADDITIONAL BONDS OF THE
City Council/Housing Authority September 15, 2015
Meeting Agenda Page 4 of 10
COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN
LEGACY/COLUMBUS VILLAGE) 2015 SPECIAL TAX BONDS
The City is considering the issuance of special tax bonds to refinance the
outstanding City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages) Special Tax Bonds, Series 2007A (the "2007
Bonds") in the principal amount outstanding of $51,795,000 and the City of
Tustin Community Facilities District (CFD) No. 06-1 (Tustin Legacy/Columbus
Villages) Special Tax Bonds, Series 2010 (the "2010 Bonds") in the principal
amount outstanding of $1,655,000 to take advantage of the favorable interest
rates to lower the annual debt service obligations and issue additional bonds to
fund facilities not yet completed. Resolution No. 15-68 authorizes City Staff to
proceed with the preparation of the documents needed for the refinancing and
additional bonds and designates consultants to assist with the proposed
issuance of special tax bonds.
Recommendation: That the City Council adopt Resolution No. 15-68
authorizing the commencement of proceedings and designating consultants in
connection with the proposed issuance of special tax bonds.
RESOLUTION NO. 15-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS
FOR THE ISSUANCE OF SPECIAL TAX BONDS, DESIGNATING
CONSULTANTS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS
WITH RESPECT THERETO - COMMUNITY FACILITIES DISTRICT NO. 06-1
8. REVISIONS TO THE 2015 INVESTMENT POLICY
As required by the California Government Code, as amended, the City adopted
an investment policy for 2015. Since the adoption of the Investment Policy
(Policy), the Audit Commission is recommending minor revisions to the Policy.
Recommendation: Staff requests the City Council adopt the revised Policy for
calendar year 2015.
9. SUCCESSOR AGENCY APPROVAL OF AMENDED ADMINISTRATIVE
BUDGETS AND AUTHORIZATION TO ENTER INTO A NINTH 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 Ninth
Amended Agreement for reimbursement of administrative support.
Recommendation: That the City Council approve and authorize the City to
enter into a Ninth Amended Agreement for Reimbursement of Costs and
City Council/Housing Authority September 15, 2015
Meeting Agenda Page 5 of 10
City/Successor Agency Operations Loan with the City acting as Successor
Agency to the Tustin Community Redevelopment Agency.
10. WATER CONSERVATION UPDATE - JULY 2015
As a result of the drought, the City of Tustin is required to provide the State
Water Resources Control Board with data that will be used to determine if the
City is meeting the required 28% conservation target and the various methods
being utilized to ensure compliance with the State's mandates. This report
summarizes the information provided to the State for the month of July 2015
and provides the City Council and the public with general information on
previous and upcoming actions taken by the City.
Recommendation: That the City Council receive and file this report
11. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE CENTENNIAL PARK ENTRY
PLAYGROUNDS AND LAUREL GLEN PARCOURSE (FITNESS)
RENOVATIONS (CIP NO. 20075)
The Centennial Park Entry Playgrounds and Laurel Glen Parcourse (Fitness)
Renovations have been completed and the project is ready for acceptance and
filing of the Notice of Completion.
Recommendation: That the City Council:
1. Adopt Resolution No. 15-56 accepting the Centennial Park Entry
Playgrounds and Laurel Glen Parcourse Renovations (CIP No. 20075),
and
2. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's office.
RESOLUTION NO. 15-56
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 CENTENNIAL PARK ENTRY PLAYGROUNDS AND LAUREL GLEN
PAR COURSE RENOVATIONS (CIP NO. 20075)
12. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR FRONTIER PARK PLAYGROUND
RENOVATION (CIP No. 20072)
This project includes the purchase and installation of playground equipment and
ADA required playground surfacing and entry ramps at Frontier Park.
Recommendation: That the City Council approve Resolution No. 15-67,
City Council/Housing Authority September 15, 2015
Meeting Agenda Page 6 of 10
approving specifications for the purchase and installation of new playground
equipment at Frontier Park (CIP No. 20072) and authorizing the City Clerk to
advertise for bids.
RESOLUTION NO. 15-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PURCHASE AND
INSTALLATION OF PLAYGROUND EQUIPMENT AT FRONTIER PARK (CIP
No. 20072)
13. APPROVAL OF RESOLUTION 15-70 MAKING SPECIFIED FINDINGS AND
AUTHORIZING AND DIRECTING THE CITY MANAGER TO CAST BALLOTS
AND TO EXECUTE ALL DOCUMENTS AND TAKE SUCH ACTIONS AS ARE
NECESSARY FOR FORMATION OF TUSTIN UNIFIED SCHOOL DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 15-2
Approval of the attached City Council Resolution Number 15-70 would authorize
the City Manager to cast ballots and execute all documents necessary for the
Tustin Unified School District (TUSD) to call a combined special tax and bond
election to be held within the boundaries of Community Facilities District No. 15-
2 ("CFD 15-2") to effect certain real property owned by the City. Approval of the
Resolution implements the City's agreement to cooperate with TUSD in the
formation of CFD No. 15-2 and for the development of specified TUSD school
facilities.
Recommendation: That the Council adopt the Resolution attached hereto as
Exhibit A, and entitled "A Resolution of the City Council of the City of Tustin,
California, Making Specified Findings and Authorizing and Directing the City
Manager to Cast Ballots and to Execute All Documents and Take Such Actions
as are Necessary For Formation of Tustin Unified School District Community
Facilities District No. 15-2".
RESOLUTION NO. 15-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, MAKING SPECIFIED FINDINGS AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO CAST BALLOTS AND TO EXECUTE
ALL DOCUMENTS AND TAKE SUCH ACTIONS AS ARE NECESSARY FOR
FORMATION OF TUSTIN UNIFIED SCHOOL DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 15-2
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 14-15)
City Council/Housing Authority September 15, 2015
Meeting Agenda Page 7 of 10
14. TUSTIN AREA SENIOR CENTER TRANSPORTATION PROGRAM TITLE VI
PLAN
In order to enter into an agreement with the California Department of
Transportation for Federal Transit Administration (FTA) Section 5310 Elderly
and Disabled Specialized Transportation Program grant funding, the City of
Tustin must implement a Title VI Plan for the Tustin Area Senior Center's
Transportation Program. As required by Title VI of the Civil Rights Act of 1964,
this plan will establish policies ensuring that services and benefits are provided
on a non-discriminatory basis.
Recommendation: That City Council:
1. Adopt Resolution 15-55 which authorizes the Director of Parks and
Recreation to implement a Title VI Plan for the Tustin Area Senior
Center's (TASC) Transportation Program.
RESOLUTION NO. 15-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE GOVERNING OFFICIAL, DIRECTOR OF
PARKS AND RECREATION, TO APPROVE THE TITLE VI COMPLIANCE FOR
THE AGENCY
15. THE VILLAGE AT TUSTIN LEGACY: SPECIFIC PLAN AMENDMENT 2015-
02, DEVELOPMENT AGREEMENT 2015-001, SUBDIVISION 2015-
03/TENTATIVE PARCEL MAP 2015-127, CONCEPT PLAN 2015-003,
DESIGN REVIEW 2015-014, CONDITIONAL USE PERMIT 2015-11
THROUGH CONDITIONAL USE PERMIT 2015-17, AND CONDITIONAL USE
PERMIT 2015-23 FOR THE DEVELOPMENT OF A NEIGHBORHOOD
COMMERCIAL CENTER WITH MULTIPLE USES INCLUDING GROCERY,
DAYCARE, RESTAURANTS, RETAIL, MEDICAL OFFICE AND ACUTE
CARE/REHABILITATION FACILITY WITHIN PLANNING AREA 7 OF
NEIGHBORHOOD B, MCAS TUSTIN SPECIFIC PLAN
The project is a request to construct a 248,292 square -foot commercial center
with multiple uses, including retail, drive-thrus, grocery, pharmacy, restaurants,
medical office and acute care/rehabilitation and skilled nursing uses. The site is
located within Planning Area 7 (Neighborhood B) of the MCAS Tustin Specific
Plan and generally bounded by Edinger Avenue to the north, Tustin Ranch
Road to the east, Valencia Avenue to the south, and Kensington Park Drive to
the west. The proposed project requires approval of Specific Plan Amendment,
Concept Plan, Development Agreement, Tentative Tract Map, Design Review,
and Conditional Use Permits. On August 25, 2015, the Planning Commission
adopted Resolution Nos. 4285 through 4293 recommending that the City
Council approve the proposed project.
The City and the applicant are requesting the City Council to continue the item
City Council/Housing Authority September 15, 2015
Meeting Agenda Page 8 of 10
to October 20, 2015, to allow respective Attorneys to finalize the real estate
transaction documents and the Disposition and Development Agreement.
Recommendation: That the City Council continue the item to October 20,
2015, meeting.
REGULAR BUSINESS ITEM
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Item 16)
16. SECOND READING AND ADOPTION OF ORDINANCE NO. 1454; AND OLD
TOWN RESIDENTIAL ON -STREET PARKING
Adoption of Ordinance No. 1454 would amend the Tustin City Code to provide
new standards for second residential units and prohibit new accessory buildings
used as guest quarters in the Cultural Resources (CR) District.
Various public workshops were held on the subject of second residential units in
Old Town Tustin on February 20, 2013, March 12, 2013, and March 11, 2014.
On February 24, 2015, and March 24, 2015, the Planning Commission held
public hearings on the subject matter and adopted Resolution No. 4277
(renumbered Resolution No. 4280), recommending that the Tustin City Council
adopt Ordinance No. 1454, approving Code Amendment 2015-001.
On April 21, 2015, and May 5, 2015, the City Council held public hearings and
introduced and had first reading by title only of Ordinance No. 1454, and set the
second reading of the Ordinance for the September 15, 2015, City Council
meeting. The City Council also directed staff to study on -street parking, consider
residential privacy at plan check, and continue to enforce the California Vehicle
Code and illegally converted structures in the CR District.
Since the May 5, 2015, City Council meeting, staff from various City
departments have conducted surveys and studies regarding parking in Old
Town. This report provides the study results and recommendations.
Recommendation: That the City Council:
1. Have second reading by title only and adopt Ordinance No. 1454 (roll call
vote), amending Article 9 Chapter 2 of the TCC to provide new standards
for second residential units in the CR District and to prohibit new
accessory buildings used as guest quarters in the CR District; and
2. Direct staff to take the following actions regarding on -street parking in the
CR District:
a. Conduct outreach to the residents of the Tustin Acres community
City Council/Housing Authority September 15, 2015
Meeting Agenda Page 9 of 10
to encourage the use of available on-site parking spaces and
reduce parking impacts within the CR District;
b. Facilitate residents' requests to implement permit parking on a
street by street basis;
c. Continue to enforce the California Vehicle Code for illegally parked
cars obstructing sidewalks, driveways and/or accessible ramps;
and,
d. Continue to enforce illegally constructed or converted structures.
DRAFT ORDINANCE NO. 1454
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING TUSTIN CITY CODE SECTIONS 9252j2(a)(3) AND
9252j2(c) AND AMENDING TUSTIN CITY CODE SECTIONS 9223a7 AND
9223b2 RELATING TO SECOND RESIDENTIAL UNITS IN THE CULTURAL
RESOURCE DISTRICT
OTHER BUSINESS/COMMITTEE REPORTS
ADJOURNMENT — The next meeting is scheduled for Tuesday, October 6, 2015 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/Housing Authority September 15, 2015
Meeting Agenda Page 10 of 10