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Home My WebLink About00 CC AGENDA 4-5-11CITY OF TUSTIN April 5, 2011 JOINT REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL AND REDEVELOPMENT 300 CENTENNIAL WAY, TUSTIN AGENCY John Nielsen, Mayor Pro Tem William A. Huston, Interim City Manager Deborah Gavello, Councilmember Douglas Holland, City Attorney Rebecca “Beckie” Gomez, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk Al Murray, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER – Meeting #2259 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. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Government Code Section 54956.8] – Two Cases ? Property Address/Description: A portion of Lot 31, Block 12 of Irvine Subdivision Plan No. 1 of the Ranchos Santiago of Santa Ana and San Joaquin, in the City of Tustin Agency: City of Tustin City/Agency Negotiators Christine Shingleton, Assistant City Manager, and Doug Stack, Director of Public Works Negotiating Parties: Christopher Georgious, President, Tustin Red Hill Center, LLC Under Negotiation Price and Terms of Payment NOTE: As required by Senate Bill 343, 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. ? Property Address/Description: Lots 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 29, and 36 Tract No. 17026; Tustin Legacy property within the former Master Developer footprint. Agency: City of Tustin Agency/City Negotiator: Christine Shingleton, Assistant City Manager Negotiating Parties: City and future purchasers of portions of the subject property Under Negotiation: Price, Terms and Conditions B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Govt. Code § 54956.9(A)] ? Tustin Unified School District v. City of Tustin et al., Case No. 30-2010-00345476, Orange County Superior Court ? City of Tustin Vs. Tustin Imperial Homeowners Association, Case No. 30-2009-00123674; Orange County Superior Court C. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] – Two Cases D. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] – Two Cases JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. CALL TO ORDER – Meeting #2259 COLOR PRESENTATION, INVOCATION AND PLEDGE: American Legion ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney Douglas C. Holland PRESENTATIONS ? Fair Housing Foundation ? MADD Deuce Award – Officer Ian Wise ? Eagle Scout Ryan Bell ? Beckman High School football team City Council/Redevelopment Agency April 5, 2011 Meeting Agenda Page 2 of 9 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. ORDINANCE 1391, SPECIFIC PLAN AMENDMENT 11-001, IMPLEMENTING MINOR TEXT AMENDMENTS TO THE PACIFIC CENTER EAST SPECIFIC PLAN Specific Plan Amendment (SPA) 11-001 (Ordinance No. 1391) has been proposed by the City of Tustin to implement minor text amendments to the Pacific Center East Specific Plan intended to support the approved transfer of a hotel use from Planning Area 6 to Planning Area 5 and implementing other minor text amendments. SPA 11-001 is administrative in nature, does not "substantially amend" the Specific Plan, and would not increase the overall development potential allowed by the Pacific Center East Specific Plan. Recommendation: That the City Council: 1. Adopt Resolution No. 11-21 finding that Final Environmental Impact Report 90-1 ("FEIR"), as revised by Supplement #1, is adequate to serve as the Project EIR for Specific Plan Amendment (SPA) 11-001 (Attachment 1); and, 2. Introduce and have first reading of Ordinance No. 1391 approving SPA 11-001 implementing minor text amendments to the Pacific Center East Specific Plan (Attachment 2). RESOLUTION NO. 11-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT 90-1 ("FEIR"), AS REVISED BY SUPPLEMENT #1, IS ADEQUATE TO SERVE AS THE PROJECT EIR FOR SPECIFIC PLAN AMENDMENT 11-001 (ORDINANCE No. 1391). ORDINANCE NO. 1391 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING SPECIFIC PLAN AMENDMENT (SPA) 11-001 IMPLEMENTING MINOR TEXT AMENDMENTS TO THE PACIFIC CENTER EAST SPECIFIC PLAN. City Council/Redevelopment Agency April 5, 2011 Meeting Agenda Page 3 of 9 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 15) 2. APPROVAL OF MINUTES – REGULAR MEETING OF JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON MARCH 15, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on March 15, 2011. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $4,671,198.68 and Payroll in the amount of $664,613.47. 4. APPOINTMENT OF INTERIM CITY MANAGER At the March 15, 2011 meeting, the City Council voted to retain William A. Huston as Interim City Manager. Recommendation: Pleasure of the City Council. 5. RECEIVE AND FILE THE RESTATED 6/30/2010 COMPREHENSIVE ANNUAL FINANCIAL REPORT The 6/30/2010 Comprehensive Annual Financial Report was restated by the independent audit firm, Macias Gini & O'Connell LLP March 1, 2011 because staff brought to their attention an overstatement of revenues in the nonmajor Other Capital Projects Funds. Recommendation: It is recommended the City Council receive and file the restated 6/30/2010 Comprehensive Annual Financial Report. 6. 2011 MCAS TUSTIN MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) The City Council certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of MCAS Tustin along with its Supplemental and Addendum. The FEIS/EIR evaluated the environmental impacts of the reuse and disposal of MCAS-Tustin, which included the adoption a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP is a review of actions performed by the City or other responsible agencies in implementing mitigation measures identified in the FEIS/EIR. The MMRP includes the monitoring and reporting components as follows: City Council/Redevelopment Agency April 5, 2011 Meeting Agenda Page 4 of 9 ? The monitoring component ensures that project compliance is checked on a regular basis during and, if necessary, after implementation. ? The reporting component ensures that the City and/or responsible agencies are informed of compliance with mitigation measures required by the FEIS/EIR. The disposal and reuse of MCAS Tustin is a long-term program where mitigation measures may be applicable at the individual development project level, overall program level, construction level, or operational level. To coordinate implementation and reporting the completion of the MMRP, an annual review of the progress of the program is necessary. On March 22, 2011, the Planning Commission reviewed the 2011 MCAS Tustin MMRP and recommended that the City Council receive and file the 2011 MCAS Tustin MMRP. Recommendation: That the City Council receive and file this report and authorize staff to submit subsequent report when considerable and significant activities occur. 7. FINAL PARCEL MAP 2008-136 Final Parcel Map (FPM) 2008-136 is a request to subdivide an existing office building for condominium purposes. The proposed subdivision would result in a total of eleven (11) units within the existing 43,967 square foot two story building. On May 25, 2010, the Planning Commission recommended that the City Council approve Tentative Parcel Map (TPM) 2008-136. On July 6, 2010, the City Council approved TPM 2008-136. The property is located at 2492 Walnut Avenue. (Applicant: Robert L. Balmes). Recommendation: That the City Council adopt Resolution No. 11-25 approving Final Parcel Map 2008-136. RESOLUTION NO. 11-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL PARCEL MAP 2008-136 TO SUBDIVIDE AN EXISTING OFFICE BUILDING FOR CONDOMINIUM PURPOSES FOR ELEVEN (11) SUITES ON A PROPERTY LOCATED AT 2492 WALNUT AVENUE 8. EXTENSION OF LEASE AGREEMENT FOR OPERATION OF FOOD/BEVERAGE CONCESSION AT TUSTIN SPORTS PARK The City entered into a five (5) year Lease Agreement with Luigi and Amy Ravetto, dba Express Sports Cafe, in March 2006 to operate the food/beverage concession at the Tustin Sports Park. Consistent with the terms of the Agreement, the lessee has requested an extension of their lease. Staff recommends approval of Amendment No. 1 which would extend the terms of the Agreement for three (3) years and allow the business to continue providing City Council/Redevelopment Agency April 5, 2011 Meeting Agenda Page 5 of 9 food and beverage concessions to park patrons. Recommendation: That the City Council execute Amendment No. 1 to the Lease Agreement between Luigi and Amy Ravetto (dba Express Sports Cafe) and the City of Tustin, thus extending their lease by three (3) years. 9. AWARD OF BID FOR THE CENTENNIAL PARK INTERMEDIATE PLAYGROUND REPLACEMENT (CIP NO. 20065) The bid opening for the Centennial Park intermediate playground replacement project was held on March 9, 2011. The Centennial Park playground replacement was identified as a priority by the Community Services Commission. Recommendation: It is recommended that City Council award the contract to Fleming Environmental of Fullerton, California in the amount of $72,325.00 subject to the approval of contract requirements by the City Attorney and final execution. 10. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE RAWLINGS RESERVOIR REPLACEMENT - PHASE I DEMOLITION PROJECT CIP 60136 The plans and specifications for the Rawlings Reservoir Replacement - Phase I Demolition Project CIP No. 60136 have been prepared and the project is now ready to be bid. Recommendation: It is recommended that the City Council adopt Resolution No. 11-24 approving the plans and specifications for the Rawlings Reservoir Replacement - Phase I Demolition Project CIP No. 60136 and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 11-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE RAWLINGS RESERVOIR REPLACEMENT - PHASE I DEMOLITION PROJECT CIP NO. 60136, AND AUTHORIZING ADVERTISEMENT FOR BIDS 11. ADOPT RESOLUTION NO. 11-23 TO ACCEPT IMPROVEMENTS FOR PROSPECT AVENUE AND BENETA WAY/AMAGANSET WAY, CIP NO. 40077 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Installation of the Traffic Signal at Prospect Avenue and Beneta Way/Amaganset Way CIP 40077 has been completed to the satisfaction of the City Engineer and the project is now ready for City Council acceptance. Recommendation: It is recommended that the City Council take the following City Council/Redevelopment Agency April 5, 2011 Meeting Agenda Page 6 of 9 actions: 1. Adopt Resolution No. 11-23 accepting the improvements for the Prospect Avenue and Beneta Way/Amaganset Way CIP 40077; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 11-23 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 TRAFFIC SIGNAL INSTALLATION AT PROSPECT AVENUE AND BENETA WAY/AMAGANSET WAY CIP NO. 40077 12. APPROVE THE SUBMITTAL OF REGIONAL SIGNAL SYNCHRONIZATION PROGRAM PROJECT APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY Staff is requesting that the City Council approve the City to participate in regional traffic signal synchronization projects along Jamboree Road, Warner Avenue and Tustin Avenue. City Council approval is required to submit project applications prepared by the cities of Irvine, Fountain Valley and Santa Ana, in collaboration with the City of Tustin, for project funding under the Orange County Transportation Authority Competitive Measure M2 Traffic Signal Synchronization Program (Project P). Recommendation: It is recommended that the City Council adopt Resolution No. 11-22 approving the submittal of applications to the Orange County Transportation Authority for funding of the Jamboree Road, Warner Avenue and Tustin Avenue Traffic Signal Synchronization Projects under the Renewed Measure M Regional Traffic Signal Synchronization Program. RESOLUTION NO. 11-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF THE JAMBOREE ROAD, WARNER AVENUE AND TUSTIN AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) 13. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE MITCHELL AVENUE/UTT DRIVE PEDESTRIAN ENHANCEMENTS PROJECT CIP NO. 40073 The plans and specifications for the Mitchell Avenue/Utt Drive Pedestrian Enhancements Project CIP No. 40073 have been prepared and the project is City Council/Redevelopment Agency April 5, 2011 Meeting Agenda Page 7 of 9 now ready to be bid. Recommendation: It is recommended that the City Council adopt Resolution No. 11-13 approving the plans and specifications for the Mitchell Avenue/Utt Drive Pedestrian Enhancements Project CIP No. 40073 and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 11-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE MITCHELL AVENUE/UTT DRIVE PEDESTRIAN ENHANCEMENTS PROJECT CIP NO. 40073, AND AUTHORIZING ADVERTISEMENT FOR BIDS 14. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE MITCHELL AVENUE STORM DRAIN PROJECT CIP NO. 50035 The plans and specifications for the Mitchell Avenue Storm Drain Project CIP No. 50035 have been prepared and the project is now ready to be bid. Recommendation: It is recommended that the City Council adopt Resolution No. 11-12 approving the plans and specifications for the Mitchell Avenue Storm Drain Project CIP No. 50035 and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 11-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE MITCHELL AVENUE STORM DRAIN PROJECT BETWEEN NEWPORT AVENUE AND RED HILL AVENUE CIP NO. 50035, AND AUTHORIZING ADVERTISEMENT FOR BIDS 15. APPROVE CONSULTANT SERVICES AGREEMENTS FOR AS-NEEDED WATER ENGINEERING SERVICES Proposals were requested and received from qualified firms to provide specialized water engineering tasks on an as-needed, on-call basis. Based upon review of the proposals, Consultant Services Agreements with AKM Consulting Engineers and Black & Veatch Corporation are now ready for approval. Recommendation: It is recommended that the City Council approve Consultant Services Agreements with AKM Consulting Engineers, and Black & Veatch Corporation in a not-to-exceed annual amount of $250,000 for each agreement, and authorize the Mayor and City Clerk to execute the Agreements on behalf of the City. City Council/Redevelopment Agency April 5, 2011 Meeting Agenda Page 8 of 9 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 16 through 18) 16. TRAVEL AUTHORIZATION Mayor Amante is requesting City Council authorization to attend the “One Voice Two Capitols” Sacramento Advocacy Trip. This event is sponsored by the Orange County Business Council and Association of California Cities-Orange County. Pursuant to City Council Resolution 09-18 (copy attached), City Council approval is required prior to out-of-county travel expenses. All expenses will be reported and subject to the limitations set forth in the Resolution. 17. CITY MANAGER RECRUITMENT Mayor Amante has requested that the City Council discuss the City Manager recruitment process. 18. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS/COMMITTEE REPORTS – City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting is scheduled for Tuesday, April 19, 2011 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 April 5, 2011 Meeting Agenda Page 9 of 9