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Home My WebLink About000 CC AGENDA 4-3-12CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL, TUSTIN PUBLIC FINANCING AUTHORITY & HOUSING AUTHORITY APRIL 3, 2012 • COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Al Murray, Mayor Pro Tern Jerry Amante, Councilmember John Nielsen, Mayor Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2286 ATTENDANCE Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer 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 — EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] — Two Cases 3. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 • Consideration of application for leave to present late claim of Nancy Perez, Claim No. 12 -08 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — five cases • City of Tustin v. Keybank, N.A., Case #30- 2011 - 00529736- CU- FR -CXC • Tustin Unified School District v. City of Tustin et al., Case No. 30 -2010- 00345476, Orange County Superior Court 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. • City of Tustin v. Tustin Unified School District et al., Case No. 30 -2011- 501073; Orange County Superior Court • T- Mobile West Corporation v. City of Tustin, et al, United States District Court, Central District of California, Case No. SACV11 -1854 JVS (RNBx) • Mira Properties v City of Tustin, Orange County Superior Court Case No. 30- 2011- 00522643 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) • Property Address /Description: Lots 1,2,3,4,5,6,7,8,9,10,11, II, D, Final Map 17144; Lots 32, 34, Tentative Tract Map 17404; a portion APN's 430 -27 -31 and 33 and a portion of APN 430 -37 -10 Agency: City of Tustin City Negotiators: Jeffrey C. Parker, City Manager, and Christine Shingleton, Assistant Executive Director Negotiating Parties: Broadcom Corporation, represented by Rick Kaplan, Mark Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. Under Negotiation: Price and Terms of Payment JOINT REGULAR MEETING OF THE CITY COUNCIL, TUSTIN PUBLIC FINANCING AUTHORITY AND HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2286 INVOCATION — Mayor Pro Tern Murray PLEDGE OF ALLEGIANCE — Councilmember Gomez ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • Regional Park at Former MCAS Tustin, OC Parks Director Mark Denny • National Days of Remembrance Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Agenda Page 2 of 8 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. 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 9) 1. APPROVAL OF MINUTES — REGULAR MEETING OF CITY COUNCIL HELD ON MARCH 20, 2012 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on March 20, 2012. 2. 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 obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amount of $678,988.28 and Demands in the amount of $4,014,690.29. 3. AWARD OF BID FOR THE COLUMBUS TUSTIN PARK PLAYGROUND RENOVATION (CIP NO. 20067) The bid opening for the Columbus Tustin Park Playground Renovation project was held on March 13, 2012. The Columbus Tustin Park Playground Renovation was identified as a priority by the Community Services Commission as Tustin's first "universally accessible" playground. Recommendation- 1 . It is recommended that City Council award the construction contract Base Bid in the amount of $139,970.00 and the Alternate Bid Item Number 1 in the amount of $21,060.00 for a total contract price of $161,030.00 to Fleming Environmental of Fullerton, California, subject to the approval of contract requirements by the City Attorney and final execution. Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Agenda Page 3 of 8 2. Approve a supplemental appropriation of $16,030.00 from the Park Development fund. 4. AWARD CONTRACT FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70001 AND THE RED HILL AVENUE REHABILITATION PROJECT BETWEEN VALENCIA AVENUE AND EDINGER AVENUE CIP NO. 70212, INCORPORATING THE ORANGE COUNTY SANITATION DISTRICT GISLER -RED HILL SEWER SYSTEM IMPROVEMENTS Staff is requesting that the City Council award a construction contract to the lowest responsive /responsible bidder for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP No. 70001 and the Red Hill Avenue Rehabilitation Project between Valencia Avenue and Edinger Avenue CIP No. 70212, which includes the Orange County Sanitation District (OCSD) Gisler - Red Hill Sewer System Improvements. Recommendation: That the City Council award a construction contract to the lowest responsive /responsible bidder, R.J. Noble Company, in the amount of $1,599,335.83, for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP No. 70001 and the Red Hill Avenue Rehabilitation Project between Valencia Avenue and Edinger Avenue CIP No. 70212, incorporating the Orange County Sanitation District Gisler -Red Hill System Improvements, Reach B, Contract No. 7 -37 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 5. ADOPT RESOLUTION NO. 12 -29 TO ACCEPT IMPROVEMENTS FOR THE MITCHELL AVENUE STORM DRAIN PROJECT CIP 50035 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Mitchell Avenue Storm Drain CIP 50035 has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: That the City Council take the following actions: 1. Adopt Resolution No. 12 -29 accepting the construction of the Mitchell Avenue Storm Drain CIP 50035; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 12 -29 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 MITCHELL AVENUE STORM DRAIN Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Agenda Page 4 of 8 BETWEEN NEWPORT AVENUE AND RED HILL AVENUE CIP NO. 50035 6. APPROVE SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL CITYWIDE STRIPING AND PAVEMENT MARKINGS PROGRAM CIP NO. 70001 The specifications for the Annual Citywide Striping and Pavement Markings Program CIP No. 70001 have been prepared and are ready to be bid. Recommendation: It is recommended that the City Council adopt Resolution No. 12 -28 approving the specifications for the Annual Citywide Striping and Pavement Markings Program CIP No. 70001 for Fiscal Years 2012 -2013 through 2016 -2017, and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 12 -28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING SPECIFICATIONS FOR THE ANNUAL CITYWIDE STRIPING AND PAVEMENT MARKINGS PROGRAM CIP NO. 70001 FOR FISCAL YEARS 2012/2013 THROUGH 2016/2017, AND AUTHORIZING ADVERTISEMENT FOR BIDS 7. APPROVE A CONSULTANT SERVICES AGREEMENT WITH RBF CONSULTING FOR PREPARATION OF AN ENGINEERING FEASIBILITY STUDY FOR MCFADDEN AVENUE STREETSCAPE AND PEDESTRIAN IMPROVEMENTS (CIP NO. 70210) City Council approval is requested of a Consultant Services Agreement with RBF Consulting to prepare an Engineering Feasibility Study for McFadden Avenue Streetscape and Pedestrian Improvements between Williams Street and the SR -55 McFadden Bridge. This project is one of the short -term action projects identified within the West Village area of the "Neighborhoods of Tustin Town Center - A New Beginning, a Strategic Guide to Development" report. Recommendation: That the City Council authorize the City Manager to execute a Consultant Services Agreement with RBF Consulting to prepare an Engineering Feasibility Study (Study) for McFadden Avenue Streetscape and Pedestrian Improvements project. 8. RESIDENTIAL DESIGN GUIDELINES FOR THE CULTURAL RESOURCES DISTRICT Originally adopted by the City Council in 1994, the Residential Design Guidelines for the Cultural Resources District serve as a guide in the preservation of historically significant buildings and neighborhoods. Staff has prepared an updated document which removes outdated information, Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Agenda Page 5 of 8 incorporates new photographs and graphics, includes new and improved appendices, and revisits, revises, and adds specific sections. On March 13, 2012, the Planning Commission recommended that the City Council approve the updated Residential Design Guidelines for the Cultural Resources District by adopting Resolution No. 4192. Recommendation: That the City Council adopt Resolution No. 12 -32, approving the updated Residential Design Guidelines for the Cultural Resources District. RESOLUTION NO. 12 -32 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING THE UPDATED RESIDENTIAL DESIGN GUIDELINES FOR THE CULTURAL RESOURCES DISTRICT. 9. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS This report transmits three John Wayne Airport Noise Abatement Quarterly Reports for the first, second, and third quarters of 2011. The average noise level measured at monitoring station NMS 10N, located at Columbus Tustin Middle School on Beneta Way, remained relatively constant during the first, second, and third quarters. Average noise levels during both quarters remained below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: That the City Council receive and file this report. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 10 through 12) 10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1413 Adoption of Ordinance No. 1413 would approve Specific Plan Amendment 2011 -04 by establishing that 30 percent of total allowable units within the City of Tustin can be rental, allowing transfer of residential units and non - residential square footages between planning areas, eliminating a 9 -acre sports park from neighborhood E, requiring the execution of a development agreement prior to or concurrent with City approval of any development project, and implementing minor text amendments to the MCAS Tustin Specific Plan. Recommendation: Have second reading by title only and adoption of Ordinance No. 1413 (roll call vote). Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Agenda Page 6 of 8 ORDINANCE NO. 1413 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2011 -04, INCREASING THE ALLOWABLE NUMBER OF RENTAL UNITS, ALLOWING TRANSFER OF RESIDENTIAL UNITS AND NON- RESIDENTIAL SQUARE FOOTAGES BETWEEN PLANNING AREAS, ELIMINATING A 9 -ACRE SPORTS PARK FROM NEIGHBORHOOD E, REQUIRING THE EXECUTION OF DEVELOPMENT AGREEMENT PRIOR TO OR CONCURRENT WITH CITY APPROVAL OF ANY DEVELOPMENT PROJECT, AND IMPLEMENTING MINOR TEXT AMENDMENTS TO THE MCAS TUSTIN SPECIFIC PLAN. 11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1416, (CODE AMENDMENT NO. 2012 -002) AMENDING TUSTIN CITY CODE SECTION 9252J3(d)(3) TO PROVIDE AN ADDITIONAL PARKING EXCEPTION OPTION FOR THE COMMERCIAL PORTION OF THE CULTURAL RESOURCES DISTRICT In 2008, the Tustin City Council approved the Old Town Parking Study that determined Old Town had a significant amount of available private parking and modern parking standards were an impediment to the area's economic development and health. The City Council has supported economic development in Old Town by waiving parking related in -lieu and lease fees. Proposed Ordinance No. 1416 would establish a new parking exception option that allows all or a portion of a project's required on -site parking spaces to be met through the payment of an annual $60 fee intended to compensate the City for the proportional use and maintenance of public parking. Recommendation: Have second reading by title only and adoption of Ordinance No. 1416 (roll call vote). ORDINANCE NO. 1416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 9252J3(d)(3) TO PROVIDE AN ADDITIONAL PARKING EXCEPTION FOR THE COMMERCIAL PORTION OF THE CULTURAL RESOURCES DISTRICT. 12. LEGISLATIVE REPORT Staff has prepared the following Legislative Summary for the Council's review: • Redevelopment Clean -up Bills & Other Proposed Related Legislation for FY 2011 -2012 Recommendation: Receive and file. Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Agenda Page 7 of 8 OTHER BUSINESS /COMMITTEE REPORTS ADJOURN TO SUCCESSOR AGENCY MEETING — Adjourn to Tuesday, April 17, 2012, Closed Session Meeting at 5:30 p.m. followed by Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Agenda Page 8 of 8