HomeMy WebLinkAbout00 CC AGENDA 10.16.18CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
Rebecca Gomez, Mayor Pro Tem
Dr. Allan Bernstein, Councilmember
Charles E. Puckett, Councilmember
Letitia Clark, Councilmember
OCTOBER 16, 2018
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
.tom
Jeffrey C. Parker, City Manager/
Al Murray, Mayor City Treasurer
Erica N. Yasuda, City Clerk
David E. Kendig, City Attorney
CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — Meeting #2442
ROLL CALL — City Clerk
PUBLIC INPUT — Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION UPDATE — City Attorney David E. Kendig
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:
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION -
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2
cases)
WRITTEN MATERIALS — Materials that are distributed to a majority of the Council
members, less than 72 hours prior to the Regular 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.
AMERICANS WITH DISABILITIES ACT (ADA) - In compliance with the (ADA), those
requiring accommodations for this meeting should notify the City Clerk's Office 72
hours prior to the meeting at (714) 573-3025.
2. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code §
54957(d)(1)] - (2 cases)
A. Title: City Manager
B. Title: City Attorney
4. LIABILITY CLAIMS - [Government Code § 54956.95] - (1 case)
A. Claim 18-17, Claim of Brenda Contreras
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Government
Code § 54956.9(a)] - (1 case)
A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil
Action No. SA CV 18-00155 DOC JDE
6. CONFERENCE WITH LABOR NEGOTIATOR [Government Code § 54957.6] - (1
case)
A. Unrepresented employee: City Manager, Jeffrey C. Parker
Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda,
Director of Human Resources
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code
§ 54956.8]: (2 cases)
A. Property 430-371-27, 28, 61; 430-381-38, 39, 40, 41, 43, 65,
Address/Description 66767768769774775
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager & John Buchanan,
Director of Economic Development
Negotiating Parties OMBRP, LLC (Brookfield)
Under Negotiation Price and Terms of Payment
B. Property 430-271-77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88,
Address/Description 89, 90, 91, 92, 93; 430-371-38, 39, 40, 41, 42, 43, 44,
457 467 477 487 507 517 527 547 557 567 577 587 597 607
73774776777
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager & John Buchanan,
Director of Economic Development
City Council October 16, 2018
Meeting Agenda Page 2 of 8
Negotiating Parties OMBRP, LLC (Brookfield)
Under Negotiation Price and Terms of Payment
REGULAR MEETING OF THE TUSTIN CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2442
INVOCATION - Pastor Eric Wakeling, Calvary Church
PLEDGE OF ALLEGIANCE — Councilmember Clark
PRESENTATIONS —
■ 2018 Boys State Program
■ Gem of Tustin: Cherrill Cady
CLOSED SESSION REPORT — City Attorney David E. Kendig
ORAL COMMUNICATION/PUBLIC INPUT — At this time, any member of the public may
address the Council on matters which are not on this evening's agenda, provided the matter
is within the subject matter jurisdiction of the City Council.
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 7)
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
City Council October 16, 2018
Meeting Agenda Page 3 of 8
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 2, 2018.
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on October 2, 2018.
3. RATIFICATION OF PAYROLL AND DEMANDS
The City Council has approved the use of Government Code Section 37208 to
expedite the payment of City of Tustin obligations that are in accordance with the
approved budget or continued operations authorizations.
Recommendation: That the City Council approve Payroll in the amount of
$792,350.74; and Demands in the amount of $4,479,063.95.
4. APPROVE GRANTS OF EASEMENT TO THE SOUTHERN CALIFORNIA
EDISON COMPANY OVER PORTIONS OF AIRSHIP AVENUE SERVING THE
FLIGHT OFFICE DEVELOPMENT AT TUSTIN LEGACY
Ongoing construction of the Flight Phase 1 office campus at Tustin Legacy
necessitates the provision of multiple easements for electrical service to the
development. On October 2, 2018, the City Council approved underground
electrical supply systems and communication systems (herein referred to as
"systems") for the Flight development. Additional system easements for Southern
California Edison (SCE) are required in Airship Avenue which will serve the Phase
2 development of Flight.
As the owner of Phase 2, the City will need to approve the attached grants of
easement to SCE in order to serve the future Phase 2 development. The systems
easements are located within the larger Utility Agreement Easement Area and
will allow the systems to be stubbed at the future Phase 2 buildable area
boundary.
Pursuant to the Disposition and Development Agreement (DDA) between Flight
Venture, LLC (Flight Developer) and the City of Tustin originally entered into on
November 15, 2016, as amended. The Flight Developer has the Option to
purchase the Phase 2 property from the City. The proposed electrical service and
communications infrastructure will benefit both Phase 1 and 2 of the Flight
development regardless of whether or not the Flight Developer exercises the
Option to purchase Phase 2.
Recommendation: That the City Council authorize the Mayor and City Clerk to
execute the grants of easement to SCE as shown on the attached easement
document exhibits for the purposes of installation and maintenance of the
City Council October 16, 2018
Meeting Agenda Page 4 of 8
systems as outlined in the attached easement documents; and authorize the City
Manager to approve any future modifications to the proposed grants of easement
which may be necessary to meet the intent of providing said services to the Flight
project and/or Tustin Legacy Park.
5. REJECTION OF ALL BIDS AND AUTHORIZATION TO RE -ADVERTISE FOR
BIDS FOR THE TUSTIN LEGACY LINEAR PARK SEGMENTS 3 & 4
IMPROVEMENTS CONSTRUCTION PROJECT, CIP NO. 20077
Staff is recommending that the City Council reject all bid proposals received on
the Tustin Legacy Linear Park Segments 3 & 4 Improvements Construction
Project, CIP No. 20077 and authorize and direct City Clerk to re -advertise for
bids. The City received eleven (11) bids for this project, all higher than the
engineer's estimate. In addition, staff has determined that a revision of the Bid
Proposal Form would be in the City's best interest in order to clarify to bidders the
perception of ambiguity of the landscape island bio -retention basin installation bid
quantity requirements.
Recommendation: That the City Council reject all eleven (11) bids received on
the Tustin Legacy Linear Park Segment 3 & 4 Improvements Construction
Project, CIP No. 20077 and direct the City Clerk to return all bid bonds and re -
advertise for bids.
6. APPROVE GRANT OF EASEMENT TO SOUTHERN CALIFORNIA GAS
COMPANY OVER PORTIONS OF LEGACY ROAD (CIP NO. 70231) IN TUSTIN
LEGACY
Construction of the ongoing Legacy Road Extension (CIP No. 70231) includes
installation of Southern California Gas Company (SoCalGas) facilities within the
roadway and adjacent parcels. It is therefore necessary for the City of Tustin to
grant an easement to SoCalGas for these facilities and for access purposes over
these parcels.
Recommendation: That the City Council grant an easement to the Southern
California Gas Company over a portion of Lots T & U of TR 17404 and Lot 35 of
TR 17026 as shown on the attached easement document exhibits for gas facilities
and access purposes, and authorize the Mayor and City Clerk to execute the
document on behalf of the City.
7. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 405 W. MAIN STREET
The Mills Act is State legislation that provides for reduced property taxes on an
eligible historic property if the property owner agrees to maintain and preserve
the property for a minimum of ten (10) years. On June 16, 1997, the City Council
authorized the implementation of a Mills Act program and established a policy
specifying which properties would be eligible for the program. Attachment A of
City Council October 16, 2018
Meeting Agenda Page 5 of 8
this report includes a draft historic property preservation agreement for the
property located at 405 West Main Street. This is the nineteenth (19th) historic
property preservation agreement to be considered by the Council. The agreement
contains standard language that is required by State law and customized terms,
standards, and conditions for the property. Because the property is in very good
condition, the improvements required over the minimum ten (10) -year contract
term are relatively minor.
Owner: Laura Lee Cortez Location: 405 W. Main Street
Recommendation: That the City Council adopt Resolution No. 18-69
authorizing the execution of a Historic Property Preservation Agreement (Mills
Act Contract) with Laura L. Cortez, the owner of the property, located at 405 West
Main Street.
RESOLUTION NO. 18-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT
DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC
PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS
EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 405 WEST
MAIN STREET, TUSTIN, CALIFORNIA.
PUBLIC HEARING ITEM — A Public Hearing Item provides Individuals the opportunity to
be heard regarding an intended action of the City Council related to land use or fees.
(Agenda Item 8)
8. ORDINANCE NO. 1498 APPROVING ZONE CHANGE (ZC) 2017-00001
INCLUDING ADOPTION OF THE RED HILL AVENUE SPECIFIC PLAN (SP -
13) AND AMENDMENT TO THE CITY OF TUSTIN ZONING MAP; GENERAL
PLAN AMENDMENT (GPA) 2017-00001 FOR CHANGES TO THE TEXT AND
LAND USE MAP; FINDING/CERTIFYING THE FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE PROJECT IS
ADEQUATE
In February 2016, the City of Tustin City Council directed Staff to initiate the
preparation of a specific plan for a portion of the Red Hill Avenue corridor just
north and south of the 1-5 freeway with the goal of promoting revitalization within
the existing commercial district.
On August 14, 2018, the Planning Commission held a public hearing on the
adoption of the RHASP and associated General Plan Amendment, Zone Change
and DPEIR to establish new land use regulations and design criteria for
development within a 36 -acre area along Red Hill Avenue. At the meeting, public
comments were received and questions were raised by the Planning Commission
that required additional clarification. As a result, the meeting was continued to
September 25, 2018.
City Council October 16, 2018
Meeting Agenda Page 6 of 8
At the September 25, 2018 Planning Commission meeting, additional public
comments were received and after additional discussion, the Commission
adopted Resolutions Nos. 4367, 4368 and 4369 recommending approval of the
RHASP to the City Council. The recommendation of the Commission also
included the following amendments to the RHASP which are described below:
1. Revise the maximum number of stories/height from five (5) to four (4)
stories and an overall maximum building height of fifty (50) feet.
2. Require as standard, additional on-site parking and a parking
management plan within the Specific Plan.
3. Require as a finding, in allocation of the 500 Residential Allocation
Reservations units that the City shall consider an equitable distribution
within the Specific Plan Area such that no one parcel receives a
disproportionate number of units.
In addition, the Planning Commission recommended that the City Council
address:
1. Traffic and circulation impacts related to Red Hill Avenue and Interstate 5
freeway.
2. Parkland fees - that parkland in the area be a priority and fees be focused
within or adjacent to the Specific Plan area.
3. Issues related to non -conforming uses/buildings/sites.
Recommendation: That the City Council adopt:
1. Resolution No. 18-73, certifying the Final Program Environmental Impact
Report SCH No. 2017041031, making required environmental findings,
including a Statement of Overriding Considerations and Mitigation
Monitoring and Reporting Program, in accordance with the requirements
of the California Environmental Quality Act;
2. Resolution No. 18-74, approving General Plan Amendment 2017-00001
for changes to the text and Land Use Map to ensure consistency with the
proposed Red Hill Avenue Specific Plan (SP -13); and
3. Ordinance 1498 approving Zone Change 2017-00001 to amend the City
of Tustin Zoning Map changing the Retail Commercial (C-1), Central
Commercial (C-2), and Commercial General (CG) and Professional (PR)
zoning designations to the Red Hill Avenue Specific Plan (SP -13) and
adoption of the Red Hill Avenue Specific Plan district regulations.
RESOLUTION NO. 18-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL
IMPACT REPORT (SCH# 2017041031), MAKING FINDINGS REQUIRED BY
City Council October 16, 2018
Meeting Agenda Page 7 of 8
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING THE
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP),
FINDINGS AND FACTS, AND STATEMENT OF OVERRIDING
CONSIDERATIONS IN THE APPROVAL OF THE RED HILL AVENUE
SPECIFIC PLAN (SP -13).
RESOLUTION NO. 18-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (GPA 2017-00001)
INCLUDING TEXT AMENDMENTS AND AMENDMENTS TO CERTAIN
EXHIBITS/MAPS FOR THE RED HILL AVENUE SPECIFIC PLAN (RHASP).
ORDINANCE NO. 1498
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING ZONE CHANGE 2017-00001 INCLUDING
ADOPTION OF THE RED HILL AVENUE SPECIFIC PLAN (SP -13) AND
RELATED AMENDMENTS TO THE TUSTIN ZONING MAP.
REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion. (Agenda Item 9)
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DECLARING
A SHELTER CRISIS
Adoption of a resolution declaring a shelter crisis will ensure eligibility for related
state funding and will allow the City to address homelessness in a manner that is
protective of the City's homeless and the City's residents and businesses.
Recommendation: That the City Council adopt Resolution 18-75 (Attachment
A) declaring a shelter crisis in the City of Tustin and authorizing the City's
participation in the Homeless Emergency Aid Program in accordance with
Government Code Sections 8698 et seq.
RESOLUTION NO. 18-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
DECLARING A SHELTER CRISIS PURSUANT TO SB 850 (CHAPTER 48,
STATUTES OF 2018 AND GOVERNMENT CODE § 8698.2)
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCILMEMBER COMMENTS AND REPORTS
ADJOURNMENT — The next meeting is scheduled on Tuesday, November 6, 2018 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 October 16, 2018
Meeting Agenda Page 8 of 8