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Home My WebLink About00 CC AGENDA 03-16-10CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT ~ , AGENCY ~,' John Nielsen, Mayor Pro Tem Doug Davert, Councilmember Jim Palmer, Councilmember Jerry Amante, Mayor Deborah Gavello, Councilmember MARCH 16, 2010 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN William A. Huston, City Manager Douglas Holland, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. ~~ ~~ CALL TO ORDER -Meeting #2232 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: A. EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] -Two Cases B. EXISTING LITIGATION [Govt. Code Section § 54956.9(a)] -Two Cases City of Newport Beach and City of Tustin v. City of Irvine et al., Case No. 30-2008-00228855-CU-WM-CXC, Orange County Superior Court Tustin Unified School District v. City of Tustin et al, Case No. 30-2010- 00345476, Orange County Superior Court NOTE: As required by Senate Bi11343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. ~~ - ~~• CALL TO ORDER -Meeting #2232 INVOCATION -Councilmember Deborah Gavello PLEDGE OF ALLEGIANCE -Councilmember Jim Palmer ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland PRESENTATIONS • National Alliance on Mental Illness (NAMI) presentation by Frank Woodard • Tree City USA presentation by Pat Madsen, Maintenance Supervisor 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. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. 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. CODE AMENDMENT 10-002 (ORDINANCE NO. 1367), ZONING CODE UPDATE Code Amendment 10-002 (CA 10-002) proposes the incorporation of minor amendments to the Zoning Code (Article 9 Chapter 2) of the Tustin City Code (TCC). Specifically, the Code Amendment meets the following objectives: 1. Incorporate use determinations into the Zoning Code that have been City Council/Redevelopment Agency March 16, 2010 Meeting Agenda Page 2 of 8 previously determined by the Community Development Director and/or the Planning Commission to be similar to other permitted uses or conditionally permitted uses within various City zoning districts. 2. Provide accurate and updated information in the Zoning Code for both staff and the public as to which uses are permitted or conditionally permitted and the review process required for approval of such uses. 3. Integrate other minor amendments by clarifying and simplifying the Zoning Code text including grammatical and spelling changes, updating terminology, alphabetizing lists, and incorporating legal updates. Recommendation: That the City Council introduce and have first reading of Ordinance No. 1367 to amend Article 9 Chapter 2 of the Tustin City Code to incorporate use determinations and minor amendments to the Zoning Code. ORDINANCE NO. 1367 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ORDINANCE NO. 1367 (CODE AMENDMENT 10-002) TO AMEND ARTICLE 9 CHAPTER 2 OF THE TUSTIN CITY CODE TO INCORPORATE USES AND MINOR AMENDMENTS TO THE ZONING CODE 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 12) 2. APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON MARCH 2, 2010 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on March 2, 2010. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $1,051,014.05, $15,105.05, and $638,422.49, reversals in the amounts of $1,186.65 and $18,920.00, and Payroll in the amount of $752,060.61. 4. PLANNING ACTION AGENDA -March 9, 2010 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. City Council/Redevelopment Agency March 16, 2010 Meeting Agenda Page 3 of 8 Recommendation: Receive and file. 5. TUSTIN RESPONSE TO DEIR FOR CITY OF SANTA ANA TRANSIT ZONING CODE City Council authorization is requested for the City of Tustin's response to the subject Draft Environmental Impact Report (DEIR) for the City of Santa Ana Transit Zoning Code project. The Transit Zoning Code would provide for the integration of new infill development, reuse, mixed use and transit supportive development that support the addition of new transit infrastructure within the proposed Santa Ana Renaissance Specific Plan area. Recommendation: That the City Council authorize staff to forward the attached response letter to the City of Santa Ana. 6. 2009 GENERAL PLAN ANNUAL REPORT The California Government Code requires that the Planning Commission provide a progress report to the City Council on the status of the City's General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing development, maintenance, and improvement. On March 9, 2010, the Planning Commission reviewed the annual report and authorized staff to forward the report to the City Council. With Council authorization, staff will forward the report to the State Office of Planning and Research and the State Department of Housing and Community Development in fulfillment of the State's requirement. Recommendation: That the City Council review and authorize staff to forward this annual report to the State Office of Planning and Research and the State Department of Housing and Community Development. 7. APPROVE PROFESSIONAL SERVICES AGREEMENT ASSIGNMENT FOR JAMBOREE ROAD (CIP 7194) AND TUSTIN RANCH ROAD (CIP 7195) REHABILITATION PROJECTS The City of Tustin currently has a Consultant Services Agreement with Norris- Repke, Inc. for Design Engineering Services for the Jamboree Road and Tustin Ranch Road Pavement Rehabilitation Projects (CIP Nos. 7194 and 7195). In November of 2009, Norris-Repke, Inc. was purchased by Winzler & Kelly who has requested that the City of Tustin consent to the assignment of the Consultant Services Agreement with Norris-Repke, Inc. to Winzler & Kelly. Recommendation: That the City Council approve the assignment of the Consultant Services Agreement with Norris-Repke, Inc. to Winzler & Kelly and authorize the Mayor and City Clerk to execute the consent documents on behalf of the City. City Council/Redevelopment Agency March 16, 2010 Meeting Agenda Page 4 of 8 8. AWARD OF CONSTRUCTION CONTRACT FOR PINE TREE PARK RED HILL PARKING BAY (CIP NO. 2063) AND SAN JUAN STREET SIDEWALK IMPROVEMENTS (CIP NO. 7198) Bids for the Red Hill Avenue Parking Bay at Pine Tree Park CIP No. 2063 and the San Juan Street Sidewalk CIP No. 7198 have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder. Recommendation: That the City Council award the construction contract for the Red Hill Avenue Parking Bay at Pine Tree Park CIP No. 2063 and the San Juan Street Sidewalk CIP No. 7198 to YAKAR, the lowest responsive/responsible bidder, in the amount of $168,799.35; and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 9. ADOPTION OF A RESOLUTION SUPPORTING THE PROPOSED HUNTINGTON BEACH SEAWATER DESALINATION FACILITY Poseidon Resources, a private company, is proposing to build a seawater desalination facility in the City of Huntington Beach. The proposed facility would be built adjacent to the AES power plant and would use the power plant's existing infrastructure to access seawater and purify 50 million gallons per day (MGD) of drinking water for Orange County residents and businesses. The project would reduce Orange County's reliance on imported water and increase local supplies. The project would be sited, permitted, built and operated without taxpayer or ratepayer dollars. Poseidon has requested the City's support for the project. Adoption of Resolution No. 10-27 will demonstrate the City's support for the proposed Huntington Beach Seawater Desalination Facility. Recommendation: That the City Council adopt Resolution No. 10-27, supporting the construction and operation of the proposed Huntington Beach Seawater Desalination Facility. RESOLUTION NO. 10-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA SUPPORTING THE CONSTRUCTION AND OPERATION OF THE PROPOSED HUNTINGTON BEACH SEAWATER DESALINATION FACILITY 10. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR TUSTIN FAMILY YOUTH CENTER PLAYGROUND REPLACEMENT This project includes the purchase and installation of playground equipment and ADA required playground surfacing. Recommendation: That the City Council approve Resolution No. 10-28, City Council/Redevelopment Agency March 16, 2010 Meeting Agenda Page 5 of 8 approving specifications for the purchase and installation of new playground equipment at the Tustin Family Youth Center and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 10-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR TUSTIN FAMILY YOUTH CENTER PLAYGROUND REPLACEMENT 11. FY09 URBAN AREA SECURITY INITIATIVE (UASI) GRANT The City of Santa Ana, in its capacity as a Core City for the Anaheim/Santa Ana Urban Area (ASAUA) under the FY09 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled "FY 2009 Urban Areas Security Initiative." This grant is from the federal Department of Homeland Security-Office of Grants and Training, passed through the State of California Emergency Management Agency. It is intended to enhance countywide emergency preparedness (the grant), as set forth in the grant guidelines and assurances that are incorporated to this Agreement by reference and located at: http://www.ohs.ca.gov/pdf/FY09 Fed Guidance.pdf http~//www ohs ca qov/pdf/FY09 HSGP Supplement Guidance final.pdf The Office of Grants and Training awarded a FY09 UASI Grant of $10,218,440 (Grant Funds) to the City of Santa Ana, as a Core City, for use in the ASAUA; and the UASI Grant Office now wishes to distribute FY09 UASI Grant Funds throughout the ASAUA. The City of Tustin is a Sub Recipient of this grant and as such is authorized to participate in this grant funding. Recommendation: Authorize the City of Tustin to receive from the City of Santa Ana equipment, technology and services, such as: replacement of Personal Protective Equipment for all first responders, Critical Infrastructure Protection, License Plate Readers, interoperable communications and data sharing technology, and continual training and exercises. Authorize the Chief of Police to sign any grant related paperwork on behalf of the City. 12. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS Redevelopment Agency staff provides on a monthly basis an update of redevelopment related projects. Recommendation: Receive and file. City Council/Redevelopment Agency March 16, 2010 Meeting Agenda Page 6 of 8 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 13-14) 13. SECOND READING OF ORDINANCE NO. 1379 - SPECIFIC PLAN AMENDMENT 10-001, MINOR TEXT AMENDMENTS On February 3, 2003, the Tustin City Council adopted the MCAS Tustin Specific Plan to establish development regulations and procedures for reuse of the former Marine Corps Air Station (MCAS) Tustin. The MCAS Tustin Specific Plan divides the former base into Planning Areas. Planning Area 1 is planned to support various educational/institutional uses including the South Orange County Community College District (SOCCCD) Advanced Technology and Education Park (ATEP). The City of Tustin is now proposing minor text amendments to the MCAS Tustin Specific Plan through proposed Specific Plan Amendment (SPA) 10-001 that would clarify existing Specific Plan language pertaining to the calculation of gross and net acreage in Planning Area 1 and would provide additional flexibility to allow the submittal of a concept plan for any portion of Planning Area 1. Recommendation: Have second reading by title only and adoption of Ordinance No. 1379 (roll call vote). ORDINANCE NO. 1379 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING SPECIFIC PLAN AMENDMENT (SPA) 10-001 IMPLEMENTING MINOR TEXT AMENDMENTS OF THE MCAS TUSTIN SPECIFIC PLAN. 14. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. LEGISLATIVE REPORT - AB 1594 (HUBER) SACRAMENTO-SAN JOAQUIN DELTA: PERIPHERAL CANAL AB 1594 would prohibit the construction of a peripheral canal that conveys water from a diversion point in the Sacramento River to a location south of the Sacramento-San Joaquin Delta, unless expressly authorized by the Legislature. Staff is recommending that a letter be sent to legislators expressing the City's concerns. Recommendation: That the City Council send a letter to the bill's author, the Chair of the Assembly Committee on Water, Parks & Wildlife and the Tustin City Council/Redevelopment Agency March 16, 2010 Meeting Agenda Page 7 of 8 legislative delegation, including the Governor's Office, expressing opposition to AB 1594 (Huber). OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next meeting is scheduled for Tuesday, April 6, 2010 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Redevelopment Agency March 16, 2010 Meeting Agenda Page 8 of 8