HomeMy WebLinkAbout00 CC AGENDA 11.3.15 CITY OF TUSTIN REGULAR NOVEMBER 3, 2015
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
AND TUSTIN HOUSING AUTHORITY 300 CENTENNIAL WAY, TUSTIN
John Nielsen, Mayor Pro Tem Jeffrey C. Parker, City Manager
Rebecca Gomez, Councilmember Charles E. Puckett, Mayor David E. Kendig, City Attorney
Al Murray, Councilmember Erica N. Rabe, City Clerk
Dr. Allan Bernstein, Councilmember Pamela Arends-King, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2378
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 REAL PROPERTY NEGOTIATORS [Government Code §
54956.8] — Two Cases
1 . Property 27 Look Out Lane, Tustin; APN: 935-212-21
Address/Description
Agency Tustin Housing Authority
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.
City Negotiators Jeffrey C. Parker, City Manager and Jerry Craig,
Economic Development & Housing Manager
Negotiating Parties Trustee Corps
Under Negotiation Price and Terms of Payment
2. Property Parcel numbers 430-371-18, 19, 20, 21 , 22, 23, 24,
Address/Description 25, 26, 27, 28, 29, 30, 31 , 32, 33, 61, 62, 63, 64,
65, 66, 67, 68
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager and John
Buchanan, Deputy Director Economic
Development
Negotiating Parties MDO Holdings LLC
Under Negotiation Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2378
INVOCATION — Journey Christian Church
PLEDGE OF ALLEGIANCE — Councilmember Murray
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.
PRESENTATION — Marine Corps Colonel William Hammerle, USMC (Retired)
City Council/Housing Authority November 3, 2015
Meeting Agenda Page 2 of 11
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 12)
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 — REGULAR MEETING OF THE CITY COUNCIL
HELD ON OCTOBER 20, 2015.
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on October 20, 2015.
3. APPROVAL OF 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$739,989.77.
4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted Investment
Policy.
Recommendation: That the City Council receive and file.
5. APPROVAL OF ISSUANCE OF TWO SERIES OF CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN
LEGACY/COLUMBUS VILLAGES) SPECIAL TAX BONDS, AND
APPROVING RELATED DOCUMENTS AND ACTIONS
City Council/Housing Authority November 3, 2015
Meeting Agenda Page 3 of 11
In 2007, after the receipt of a petition of the property owner the City formed
Community Facilities District No. 06-1 (Tustin Legacy/Columbus Village) (the
"District") pursuant to the provisions of the Mello-Roos Community Facilities Act
of 1982 as amended to finance the acquisition of public improvements (the
"Facilities") incident to the development of the Columbus Villages residential
project consisting of Zone 1 (Columbus Square) built by William Lyons Homes,
Lennar Homes and Tustin Villas and Zone 2 (Columbus Grove) built by William
Lyons Homes, Lennar Homes and KB Homes. The District issued Bonds on
September 6, 2007 in the amount of $53,570,000 with the final maturity in 2036
and on November 17, 2010 a second series of Bonds in the amount of
$1 ,675,000 with a final maturity of 2039 (the "Prior Bonds"). The District is
authorized to issue up to $65,000,000 principal amount of bonds to finance
Facilities, and the District has to date only issued the Prior Bonds in the
aggregate principal amount of $55,245,000, so that the District has additional
bonding authority of $9,755,000. The City now wants to issue for the District, in
addition to a series of special tax bonds to refund the Prior Bonds (the
"Refunding Bonds"), a series of special tax bonds in order to provide financing
for Facilities not yet completed (the "Additional Bonds"). All of the 1 ,301
residential units in the District have been built and sold and 3 residential units
have prepaid their special taxes used to pay debt service on the Prior Bonds.
Recommendation: Adopt Resolution No. 15-75, a Resolution of the City
Council of the City of Tustin, California, Authorizing the Issuance of Two Series
of City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages) Special Tax Bonds and Approving related
Documents and Actions.
RESOLUTION NO. 15-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE ISSUANCE OF TWO SERIES OF CITY OF
TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN
LEGACY/COLUMBUS VILLAGES) SPECIAL TAX BONDS, AND APPROVING
RELATED DOCUMENTS AND ACTIONS
6. APPROVAL OF ISSUANCE OF TWO SERIES OF CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 07-1 (TUSTIN LEGACY/RETAIL
CENTER) SPECIAL TAX BONDS, AND APPROVING RELATED
DOCUMENTS AND ACTIONS
In 2007, after the receipt of a petition of the property owner the City formed
Community Facilities District No. 07-1 (Tustin Legacy/Retail Center) (the
"District") pursuant to the provisions of the Mello-Roos Community Facilities Act
of 1982 as amended to finance the acquisition of public improvements (the
"Facilities") incident to the development of the Retail Center constructed by
Vestar/Kimco. The District issued Bonds on September 11 , 2007 in the amount
of $13,680,000 with the final maturity in 2036 with a final maturity of 2037 (the
City Council/Housing Authority November 3, 2015
Meeting Agenda Page 4 of 11
"Prior Bonds"). The District is authorized to issue up to $16,000,000 principal
amount of bonds to finance Facilities, and the District has to date only issued
the Prior Bonds in the aggregate principal amount of $13,680,000, so that the
District has additional bonding authority of $2,320,000. The City now wants to
issue for the District, in addition to a series of special tax bonds to refund the
Prior Bonds (the "Refunding Bonds"), a series of special tax bonds in order to
provide financing for Facilities not yet completed (the "Additional Bonds"). The
Retail Center is known as the District at Tustin Legacy and consists of
approximately 1 .0 million square feet of an open-air lifestyle and entertainment
center. The special taxes are levied on approximately 35.5 net acres of land
owned by Vestar/Kimco and leased out to many tenants such as Whole Foods,
TJ Max and Lucille's BBQ and many others.
Recommendation: Adopt Resolution No. 15-74, a Resolution of the City
Council of the City of Tustin, California, Authorizing the Issuance of Two Series
of City of Tustin Community Facilities District No. 07-1 (Tustin Legacy/Retail
Center) Special Tax Bonds and Approving related Documents and Actions.
RESOLUTION NO. 15-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE ISSUANCE OF TWO SERIES OF
COMMUNITY FACILITIES DISTRICT NO. 07-1 (TUSTIN LEGACY/RETAIL
CENTER) SPECIAL TAX BONDS, AND APPROVING RELATED
DOCUMENTS
AND ACTIONS
7. TRUSTEE'S SALE - AFFORDABLE HOME LOCATED AT 27 LOOK OUT
LANE
The Tustin Housing Authority ("Authority") is seeking authorization to cure a
homeowner default under the City's Affordable Housing Program in the Tustin
Field I development.
Recommendation: That the Tustin Housing Authority Commission authorize
the Tustin Housing Authority to purchase the low income affordable housing unit
at 27 Look Out Lane during the Trustee's Sale (on or about November 9, 2015),
and also authorize the Executive Director, or his designee, to execute any
required documents, as may be necessary to implement such action as
recommended by the City Attorney. The price and terms will be discussed in
Closed Session.
8. WATER CONSERVATION UPDATE - SEPTEMBER 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
City Council/Housing Authority November 3, 2015
Meeting Agenda Page 5 of 11
summarizes the information provided to the State for the month of September
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.
9. AUTHORIZATION TO PURCHASE ONE AERIAL TRUCK, ONE VALVE
TRUCK AND DECLARATION OF SURPLUS EQUIPMENT FOR PUBLIC
AUCTION
Staff is requesting City Council authorization to purchase one aerial truck and
one valve maintenance truck for Public Works. In addition, the City Council is
requested to declare certain City equipment no longer required for public use in
accordance with Section 1630a (2) of the Tustin City Code (TCC) and authorize
their sale at public auction.
Recommendation: That the City Council:
1 . Adopt Resolution No. 15-76 authorizing the State of California
Department of General Services to purchase one valve truck cab and
chassis, from Winner Chevrolet Elk Grove, Ca. in the amount of
$29,638.81 .
2. Authorize staff to purchase one aerial truck cab and chassis from
McPeek's Dodge Anaheim, CA in the amount of$36,376.93.
3. Authorize staff to purchase one aerial lift from Terex Utilities White
House, TN in the amount of$69,091 .52.
4. Declare, in accordance with the Tustin City Code - Section 1630a (2), the
attached itemized list of equipment as surplus and not required for public
use and authorize the sale of the equipment at the next available public
auction, crediting net proceeds to applicable City revenue fund.
RESOLUTION NO. 15-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES
OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS
10. APPROVE TRAFFIC SIGNAL MODIFICATION PLANS FOR RADAR
DETECTION AT RED HILL AVENUE INTERSECTIONS WITH VALENCIA
AVENUE, INDUSTRIAL DRIVE-PARKWAY LOOP, EDINGER AVENUE AND
MITCHELL AVENUE AS PART OF THE ORANGE COUNTY SANITATION
DISTRICT PROJECT
The traffic signal modification plans for radar detection at Red Hill Avenue
intersections with Valencia Avenue, Industrial Drive-Parkway Loop, Edinger
City Council/Housing Authority November 3, 2015
Meeting Agenda Page 6 of 11
Avenue and Mitchell Avenue Project were prepared by the City's consultant,
Hartzog-Crabill Inc. The plans will be forwarded to the Orange County
Sanitation District (OCSD) for inclusion in the Gisler-Red Hill System
Improvements Sewer Project.
Recommendation: That the City Council approve the plans and specifications
for the installation of radar detection along Red Hill at the intersections of
Valencia Avenue, Industrial Drive - Parkway Loop, Edinger Avenue, and
Mitchell Avenue.
11. THIRD AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
AND AMENDMENT TO RESOLUTION REGARDING COMPENSATION TO
CERTAIN EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES
Adoption of the attached Resolutions will amend the terms and conditions of
employment for the City Manager as well as modify compensation for
designated unrepresented Executive Management and Management
employees.
Recommendation: That the City Council:
1 . Adopt Resolution 15-78 approving Amendment No. 3 to the Employment
Agreement with the City Manager and authorize the Mayor to execute the
Amendment; and
2. Adopt Resolution No. 15-79 to amend compensation provided to certain
Executive Management and Management employees.
RESOLUTION NO. 15-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING AMENDMENT NO. 3 TO THE EMPLOYMENT AGREEMENT WITH
THE CITY MANAGER
RESOLUTION NO. 15-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING
TO COMPENSATION AND BENEFITS FOR CERTAIN UNREPRESENTED
EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND
AMENDING RESOLUTION 15-44
12. AWARD OF BID FOR THE FRONTIER PARK PLAYGROUND RENOVATION
(CIP NO. 20072)
The bid opening for the Frontier Park Playground Renovation project was held
on October 19, 2015. The Frontier Park Playground Renovation was identified
by the Community Services Commission as the next project to be completed on
their seven-year Capital Improvement Project priority list.
City Council/Housing Authority November 3, 2015
Meeting Agenda Page 7 of 11
Recommendation:
1. Staff recommends that City Council award the construction contract to
Cicero Engineering of Fullerton, California, in the amount of $194,160.00
subject to the approval of contract requirements by the City Attorney and
final execution of the contract.
2. Approve a supplemental appropriation of $44,000.00 in grant funds from
future State of California Housing and Community Development grant
proceeds (Fund 200) to fully fund this project, including pre-existing,
unforeseen site conditions.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Items 13-18)
13. FUNDING FOR THE TUSTIN PIONEERS RECOGNITION PROGRAM
On December 16, 2014, the City Council adopted Resolution No. 14-81,
authorizing the submittal of a grant application to the National Endowment for
the Arts (NEA), in the amount of $25,000; and authorized the allocation of up to
$15,000 for the construction and installation of three (3) pedestals for three (3)
bronze busts, provided that the grant was awarded to the City of Tustin (the
City). However, on July 7, 2015, the NEA notified the City that the City's grant
application was not among those selected for funding.
Because the prior funding allocation was contingent upon receiving a grant from
the NEA, and to support the Tustin Pioneers Recognition Program (the
Program) as a public/private partnership, Council authorization is now
requested for the funding necessary for the creation and installation of one (1)
bronze bust and pedestal to honor the City's founder, Columbus Tustin.
Recommendation: That the City Council allocate funds of up to $15,000 for
the creation and installation of one (1) bronze bust and pedestal.
14. APPROVAL OF AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH
OLIVERMCMILLAN TUSTIN LEGACY, INC. WITHIN THE TUSTIN LEGACY
COMMUNITY CORE AREA
Authorization to enter into an Exclusive Negotiating Agreement (ENA) with
OliverMcMillan Tustin Legacy, Inc. (OM) as the developer of a mixed-use urban
village located in the Tustin Legacy Community Core. With the execution of the
ENA, a concept plan and business plan will be prepared as the basis for drafting
a Disposition and Development Agreement (DDA).
City Council/Housing Authority November 3, 2015
Meeting Agenda Page 8 of 11
Recommendation:
1 . Authorize the City Manager to execute the Exclusive Negotiating
Agreement between the City of Tustin and the Developer, OliverMcMillan
Tustin Legacy, Inc.
2. Authorize the Finance Department to appropriate $500,000 from Fund
189 (Land Held for Resale) for the City's share of the Mixed-Use Concept
Plan and Business Plan Preparation.
15. SECOND READING AND ADOPTION OF ORDINANCE NO. 1460
Ordinance No. 1460 for Specific Plan Amendment 2015-02 is an amendment to
the MCAS Tustin Specific Plan to allow acute care/rehabilitation and skill
nursing uses as conditionally permitted within Planning Area 7 and increase the
allowable building height to fifty-five (55) feet for medical centers and sixty (60)
feet for acute care/rehabilitation facilities.
Recommendation: Have second reading by title only and adoption of
Ordinance No. 1460 (roll call vote).
ORDINANCE NO. 1460
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2015-02, AMENDING
SECTION 3.4.4 (PLANNING AREA 7) OF THE MARINE CORPS AIR STATION
(MCAS) TUSTIN SPECIFIC PLAN DISTRICT REGULATIONS BY ADDING
USES SUCH AS ACUTE CARE/REHABILITATION USES AND SKILLED
NURSING USES AS CONDITIONALLY PERMITTED USES WITHIN
PLANNING AREA 7 OF THE MCAS TUSTIN SPECIFIC PLAN AND
INCREASING THE MAXIMUM ALLOWED BUILDING HEIGHT FOR MEDICAL
CENTERS AND ACUTE CARE/REHABILTATION AND SKILLED NUSRING
FACILITIES.
16. SECOND READING AND ADOPTION OF ORDINANCE NO. 1461
Ordinance No. 1461 for Development Agreement (DA) 2015-001 facilitates the
development and conveyance of an approximate 22.7-acre site within the
boundaries of MCAS Tustin Specific Plan. The DA was intended to further the
purpose and intent of the General Plan and Specific Plan, and FEIS/FEIR and
will ensure the orderly implementation of infrastructure and development. The
DA includes a schedule of performance and obligations that ensure adequate
local infrastructure programs are in place to support the proposed development.
Recommendation: Have second reading by title only and adoption of
Ordinance No. 1461 (roll call vote).
City Council/Housing Authority November 3, 2015
Meeting Agenda Page 9 of 11
ORDINANCE NO. 1461
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
APPROVING DEVELOPMENT AGREEMENT (DA) 2015-001 BETWEEN THE
CITY OF TUSTIN AND 1C TUSTIN LEGACY LLC (REGENCY CENTERS) TO
FACILITATE THE DEVELOPMENT OF A 248,292 SQUARE-FOOT
COMMERCIAL CENTER WITHIN PLANNNG AREA 7 OF NEIGHBORHOOD B
OF THE MCAS TUSTIN SPECIFIC PLAN
17. SECOND READING AND ADOPTION OF ORDINANCE NO. 1462
Ordinance No. 1462 amends and restates Part 6 of Chapter 6 of Article 3 of the
Tustin City Code (TCC) and amend Parts 3, 6 and 9 of Chapter 2 of Article 9 of
the TCC relating to the regulation of massage establishments consistent with
State law.
Recommendation: Have second reading by title only and adoption of
Ordinance No. 1462 (roll call vote).
ORDINANCE NO. 1462
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING AND RESTATING PART 6 OF CHAPTER 6 OF
ARTICLE 3 OF THE TUSTIN CITY CODE, AND AMENDING PARTS 3, 6 AND
9 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATING
TO THE REGULATION OF MASSAGE ESTABLISHMENTS (CODE
AMENDMENT 2015-003)
18. JEWISH PARTISAN EXHIBIT FUNDING
Council Member Dr. Allan Bernstein is asking the City of Tustin to temporarily
front the money for the Jewish Partisan Exhibit called "Pictures of Resistance"
until funds can be raised to pay for the whole exhibit.
The exhibit is organized by the Jewish Partisan Educational Foundation (JPEF).
The mission of the JPEF is to develop and distribute effective educational
materials about the Jewish partisans and their life lessons, bringing the
celebration of heroic resistance against tyranny into educational and cultural
organizations.
The exhibit is planned to be displayed in the Tustin Library from March 11
through April 7, 2016. It is the intent of JPEF to host a teacher training workshop
with the Tustin Unified School District during the week of March 14. Council
Member Dr. Bernstein plans to work with TUSD to organize field trips and give
TUSD students the opportunity to learn about these heroes. The exhibit would
be open during library hours for all library patrons and citizens of Tustin to
enjoy.
The exhibit also includes a half-hour DVD that is played throughout the day in
City Council/Housing Authority November 3, 2015
Meeting Agenda Page 10 of 11
which drop-in visitors can watch before looking at the 30 photographs depicting
the Jewish Partisan movement.
Recommendation:
1 . Approve the cost of a non-refundable deposit of $750 to secure the
exhibit until funds can be raised to pay the City back.
2. Direct the City Manager to sign the agreement between the City of Tustin
and the Jewish Partisan Educational Foundation.
OTHER BUSINESS/COMMITTEE REPORTS
ADJOURNMENT — The next meeting is scheduled for Tuesday, November 17, 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 November 3, 2015
Meeting Agenda Page 11 of 11