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Home My WebLink About02 CC MINUTES 04-03-12MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL CITY OF TUSTIN APRIL 3, 2012 4:30 P.M. CALL TO ORDER at 4:32 p.m ATTENDANCE Agenda Item 2 Reviewed: City Manager Finance Director /A Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers Jerry Amante and Rebecca "Beckie" Gomez Absent: Councilmember Deborah Gavello City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: David E. Kendig, City Attorney PUBLIC INPUT — None REGULAR BUSINESS ITEM 1. INTERVIEW AND APPOINT MEMBERS TO THE PLANNING AND COMMUNITY SERVICES COMMISSIONS The City Council will conduct interviews and appoint two (2) members to the Planning Commission and two (2) members to the Community Services Commission. The Planning Commissioners and Community Services Commissioners will serve until March 1, 2014 or until their respective successors are appointed and qualified. Following oral interviews, Council completed ballots and City Clerk announced the results. Planning Commission — The following qualified candidates submitted an application for the Planning Commission: • Michael Hallinan • David Prizio • Charles E. "Chuck' Puckett (incumbent) Council special Meeting m Agenda Page 1 • Ronald L. Sanders • Jeff Thompson (incumbent) Ballots were cast by Council to fill two (2) two -year terms on the Planning Commission. Nielsen: Puckett, Thompson Murray: Puckett, Thompson Amante: Puckett, Thompson Gomez: Hallinan, Thompson City Clerk Services Supervisor Patricia Estrella reported the ballot tally as follows: Thompson (4 votes), Puckett (3 votes) and Hallinan (1 vote).By unanimous consent re- appointed incumbent Jeff Thompson and by majority vote re- appointed incumbent Charles E. "Chuck" Puckett to the Planning Commission for a two -year term expiring March 1, 2014. Community Services Commission — The following qualified candidates submitted an application for the Community Services Commission: • Conrad Gallegos • Ken Henderson (incumbent) • Tamara Ison • Adrian Morton • Amy Nakamoto (incumbent) Ballots were cast by Council to fill two (2) two -year terms on the Community Services Commission. Nielsen: Henderson, Nakamoto Murray: Henderson, Nakamoto Amante: Henderson, Nakamoto Gomez: Ison, Nakamoto City Clerk Services Supervisor Patricia Estrella reported the ballot tally as follows: Nakamoto (4 votes), Henderson (3 votes) and Ison (1 vote). By unanimous consent re- appointed incumbent Amy Nakamoto and by majority vote appointed Ken Henderson to the Community Services Commission for a two - year term expiring March 1, 2014. ADJOURNED at 5:28 p.m. City Council Special Meeting April 3, 2012 Action Agenda Page 2 Agenda Item Reviewed: City Manager Finance Director N/A MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, TUSTIN PUBLIC FINANCING AUTHORITY, AND TUSTIN HOUSING AUTHORITY CITY OF TUSTIN APRIL 3, 2012 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2286 at 5:30 p.m. CITY ATTORNEY REPORT — City Attorney David E. Kendig reported that the City has received a letter from the Mexican American Legal Defense and Educational Fund regarding the legality of Tustin City Code Section 5802 and has threatened litigation. ATTENDANCE Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers Jerry Amante and Rebecca "Beckie" Gomez Absent: Councilmember Deborah Gavello City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: David E. Kendig, City Attorney PUBLIC INPUT — None. 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 Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Action Agenda Page 1 of 10 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 • 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, ll, 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 RECESSED at 5:30 p.m. RECONVENED at 7:09 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL, TUSTIN PUBLIC FINANCING AUTHORITY AND HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2286 at 7:09 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion ROLL CALL — City Clerk Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Action Agenda Page 2 of 10 Present: Mayor /Chair John Nielsen, Mayor Pro Tem/Vice Chair Al Murray, and Councilmembers /Board Members /Commissioners Jerry Amante and Rebecca "Beckie" Gomez Absent: Councilmember /Board Member /Commissioner Deborah Gavello City Clerk: Pamela Stoker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig The Council voted unanimously to deny the application for leave to present the late claim of Nancy Perez. The Council also directed the City Attorney to state the following: "For several months, the City Staff has been working with the City Attorney's Office to prepare an amendment to the City's existing Solicitation Ordinance. The amendment would repeal the existing Ordinance, including Tustin City Code section 5802, and replace it with a narrower solicitation regulation." "The Council has directed the City Manager to agendize the proposed ordinance for adoption forthwith and in accordance with State law." "The Council also concurs with the Police Department decision over the past year to continue not to enforce the existing Section 5802." PRESENTATIONS • Regional Park at Former MCAS Tustin, OC Parks Director Mark Denny • National Days of Remembrance — proclamation ORAL COMMUNICATION /PUBLIC INPUT — • Alisa Apgur CONSENT CALENDAR ITEMS 1 -9 — It was moved by Mayor Pro Tem/Vice Chair Al Murray and seconded by Councilmember /Board Member /Commissioner Amante to pull consent items 4 and 8 and to approve the balance of the consent calendar items as recommended by staff. Motion carried 4 -0 1. APPROVAL OF MINUTES — REGULAR MEETING OF CITY COUNCIL, TUSTIN PUBLIC FINANCING AUTHORITY AND TUSTIN HOUSING AUTHORITY HELD ON MARCH 20, 2012 Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Action Agenda Page 3 of 10 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council, Tustin Public Financing Authority and Tustin Housing Authority 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. 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. Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Action Agenda Page 4 of 10 Motion: It was moved by Mayor Nielsen and seconded by Councilmember Amante 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. Motion carried 4 -0 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 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 Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Action Agenda Page 5 of 10 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, 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. Motion: It was moved by Mayor Nielsen and seconded by Councilmember Amante that the City Council adopt Resolution No. 12 -32, approving the updated Residential Design Guidelines for the Cultural Resources District. Motion carried 4 -0 RESOLUTION NO. 12 -32 Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Action Agenda Page 6 of 10 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 1ON, 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 10 -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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray to have second reading by title only and adoption of Ordinance No. 1413 (roll call vote). Motion carried 4 -0 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 NOW 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. Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Action Agenda Page 7 of 10 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. Motion: It was moved by Mayor Pro Tern Murray and seconded by Councilmember Amante to have second reading by title only and adoption of Ordinance No. 1416 (roll call vote). Motion carried 4 -0 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. City Manager Parker referred to the legislative updates included for receive and file and announced that the State Legislature is in recess and due back on Monday. Will continue to provide updates. OTHER BUSINESS /COMMITTEE REPORTS CITY MANAGER Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Action Agenda Page 8 of 10 • Appreciates comments and work by City staff. COUNCILMEMBER GOMEZ • Attended a food truck fundraiser at the Tustin Auto Center on March 22 benefitting the Tustin Public Schools Foundation • Met with a representative of Laura's House on March 23 to discuss resources in our community for domestic violence victims Met with a local developer on March 23 regarding his plan in Old Town who was appreciative of Ordinance 1615 regarding parking[Type a quote from the document or the summary of an interesting point. You can position the text box anywhere in the document. Use the Drawing Tools tab to change the formatting of the pull quote text box.] • On March 24 attended a workshop on identity theft; the event was sponsored by Assemblyman Don Wagner and Senator Mimi Walters; Assemblyman Wagner will do another Town Hall on Hot Topics and Aging Policy April 13 here in our community center • Was Principal for a Day at Currie Middle School on March 29; thanked staff, students and Principal Christine Matos • Attended a dinner sponsored by the Association of California Cities Orange County ( ACCOC) where speaker was Harvard professor Robert Behn • On March 30 attended an all -day seminar with Professor Behn at Concordia regarding government performance • Is looking forward to the Easter Egg Hunt on Saturday • Met with homeowners association administrator who complimented staff members and the Planning and Building and Public Works departments for project feedback and cooperation COUNCILMEMBER AMANTE • Attended a meeting of the ACCOC Successor Agency Task Force; thanked Christine Shingleton for time spent and comments on review of draft guiding principles • Will be asking Toll Road Authority to work with City staff and asked mayor for a presentation on the planning of the Tesoro extension on 241 and how it is being engineered • Will be attending Southern California Association of Governments Regional Council in Los Angeles for the new few days • Congratulated Chief Jordan and contractors who work with the police department and Community Development and Public Works for efforts in graffiti abatement • Invited all to Easter Egg Hunt • Requested that Mayor and City Manager develop a Council absence policy MAYOR PRO TEM MURRAY • Welcomed Aria International Supermarket to Tustin • Attended on March 21 the Newport Bay Watershed Executive Committee meeting Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Action Agenda Page 9 of 10 • On March 22 attended the Orange County Vector Control District meeting • Attended Orange County Fire Authority Board of Directors meeting; will be adding City seal to trucks and fire apparatus in Tustin • On March 24 attended the Identity Theft and Fraud Prevention Town Hall • Attended the ACCOC Successor Agency Task Force meeting chaired by Councilmember Amante and thanked Christine Shingleton • Attended Tustin Oversight Board to the Successor Agency meeting on March 27 • On March 28 daughter was awarded Student of the Month at Pioneer Middle School • Attended a Victim Rights conference in Costa Mesa which was well attended by Tustin Police Department • Attended a chili cookoff /street fair committee meeting • Was principal for a day at Beckman High School where daughter will be attending next year; complimented Beckman Principal Adele Heuer and senior ASB president J.D. Swancoat who has received entrance to six universities and is awaiting information from Harvard and Princeton • Attended ACCOC dinner meeting with Dr. Robert Behn and program at Concordia • On Saturday attended Tustin Youth Track Meet; served as Master of Ceremonies and thanked Dave Wilson • Announced that Community Services Commissioner Donna Marsh Peery received the Champion of the Community Award from the California Parks & Recreation Society (CPRS) MAYOR NIELSEN • Attended Steering Committee and Board of Directors meetings of the Orange County Sanitation District; took tour of both plants of sanitation districts • Judged and tasted chili at Praise Chapel in Old Town Tustin along with Adrian Morton; thanked them for the invitation • Announced he will be holding office hours from 3:30 -5:00 on Fridays; invited the community to visit • Announced that on April 13 Assemblyman Don Wagner will host an event in the Community Center, "Ask the Doc" regarding Alzheimer's and other maladies. ADJOURN TO SUCCESSOR AGENCY MEETING at 8:20 p.m. — 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. ADJOURNED IN THE MEMORY OF DEAN MCCORMICK Joint City Council, Tustin Public Financing Authority April 3, 2012 and Housing Authority Regular Meeting Action Agenda Page 10 of 10