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Home My WebLink About00 CC AGENDA 1.15.13CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Charles E. "Chuck" Puckett, Mayor Pro Tern John Nielsen, Councilmember Al Murray, Mayor Rebecca "Beckie" Gomez, Councilmember Allan Bernstein, Councilmember JANUARY 15, 2013 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2306 ATTENDANCE Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Jeffrey C. Parker, 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 — INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] — Two Cases 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — Three cases 1. Tustin Unified School District v. City of Tustin et al., Case No. 30 -2010- 00345476, Orange County Superior Court 2. City of Tustin v. Leonard J. Nettles, Case No. 30- 2012 - 00563746- CU -OR- CJC, Orange County Superior Court 3. Nghiep Dao v. City of Tustin, Case Number SACV11- 01886- CJC(MLGx), California Central District Court 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — Three cases 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. 1. Property Lots 1,2,3,4,5,6,7,8,9, 10,11, 11, D, Final Map Address /Description 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, Elizabeth Binsack, Community Development Director, and John Buchanan, Program Manager Negotiating Parties O.C. Property Company, LLC, 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 2. Property Tustin Legacy Disposition Package 1 B to include Address /Description sale of Lots 8, 13, 14 and a portion of lettered lot 00000 in Tract 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, and John Buchanan, Program Manager Negotiating Parties Ted McKibbin, President, Standard Pacific Homes, Southern California Coastal Under Negotiation Price and Terms of Payment 3. Property 2345 Barranca Pkwy, APN: 434 - 021 -22, Army Address /Description Reserve Center and 15 acres of the Northeast corner of Red Hill Avenue and Warner Avenue Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, Matt West, Redevelopment Project Manager and David E. Kendig, City Attorney Negotiating Parties United States Government acting through the Department of the Army, represented by Stan Wallin, Jeremy Hollis and Cheryl Connett of the Army Corps of Engineers Under Negotiation Price and Terms of Payment JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY VE[1I11 a►vi I City Council /Successor Agency January 15, 2013 Meeting Agenda Page 2 of 8 CALL TO ORDER — Meeting #2306 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATION — Mayor Murray's Goals For 2013 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. ITEM TO BE CONTINUED — PUBLIC HEARING CONTINUED TO SEPTEMBER 17, 2013 1. CONDITIONAL USE PERMIT (CUP) 2012 -10 At the request of the applicants, Michael Demoratz and Lindburgh McPherson, this item is being continued to the September 17, 2013, meeting of the Tustin City Council. A copy of the applicants' request for the continuance is attached. 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 2) 2. CODE AMENDMENT 2012 -03 (ORDINANCE 1418) & CODE AMENDMENT 2012 -04 (ORDINANCE 1425) Code Amendment (CA) 2012 -03 and Code Amendment (CA) 2012 -04 are proposed amendments to Part 6 (Off- street Parking) of the Tustin City Code. The text amendments include: City Council /Successor Agency January 15, 2013 Meeting Agenda Page 3 of 8 • Clarifying maintenance requirements; • Establishing parking requirements for new land uses never envisioned; • Establishing parking criteria for small and large commercial centers; • Combining parking design standards for residential and non - residential uses; • Addressing loading spaces; • Updating figures; and, • Adding definitions. On December 11, 2012, the Planning Commission adopted Resolution Nos. 4212 and 4213, recommending that the City Council approve Code Amendment 2012 -03 (Ordinance No. 1418) and Code Amendment 2012 -04 (Ordinance No. 1425), amending the parking code. CA 2012 -03 Applicant: City- initiated CA 2012 -04 Applicant: Joseph Haikal, Kiddie Academy of Irvine Recommendation: That the Tustin City Council: 1. Adopt Resolution 13 -01, finding the Negative Declaration is adequate for CA 2012 -13 and CA 2012 -04, 2. Introduce and have first reading of Ordinance No. 1418 amending Tustin City Code Section Part 6 Off - Street Parking section and set a second reading at the next City Council meeting, and, 3. Introduce and have first reading of Ordinance No. 1425, amending Tustin City Code Section Part 6 Off - Street Parking regarding daycare facility requirements and set a second reading at the next City Council meeting. RESOLUTION NO. 13 -01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION FOR CODE AMENDMENT 2012 -03 AND CODE AMENDMENT 2012 -04, AMENDING TUSTIN CITY CODE SECTIONS 9262, 9263, 9266, 6268, AND 6269 RELATING TO OFF - STREET PARKING REGULATIONS. ORDINANCE NO. 1418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING VARIOUS SECTIONS OF PART 6 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO OFF - STREET PARKING ORDINANCE NO. 1425 City Council /Successor Agency January 15, 2013 Meeting Agenda Page 4 of 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING PART 6 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO DAY CARE CENTERS PARKING REQUIREMENTS 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 3 through 9) 3. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD DECEMBER 18, 2012 Recommendation: That the City Council /Successor Agency approve the Action Minutes of the Joint Regular Meeting of the City Council and Successor Agency to the Tustin Community Redevelopment held December 18, 2012. 4. 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 and Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $11,308.02, $608,121.68, $55.88, $602,026.00 and $11,772.32; and Demands in the amount of $9,318,774.93. 5. RATIFICATION OF DEPUTY CITY MANAGER EMPLOYMENT AGREEMENT The City Manager executed an employment agreement with Charles H. Robinson to serve as the City's Deputy City Manager effective December 26, 2012. Approval by the City Council of the recommended action would ratify that agreement. Recommendation: It is recommended that the City Council ratify the employment agreement executed by the City Manager, in the form attached. 6. APPROPRIATE SUPPLEMENTAL FUNDING FOR EXTENDED CONSTRUCTION MANAGEMENT SERVICES AND ELECTRICAL UTILITY City Council /Successor Agency January 15, 2013 Meeting Agenda Page 5 of 8 CHARGES FOR TUSTIN RANCH ROAD ROADWAY IMPROVEMENTS Staff is requesting supplemental appropriations from the project contingency reserve to cover extended Phase 1 construction management services provided by Parsons Transportation Group and electrical utility charges required by Southern California Edison (SCE) for Phase 2 street lighting, line extension, and utility relocation. Recommendation: It is recommended that the City Council- 1 . Appropriate $462,694 from the CFD 06 -1 Annex (Fund 438) for extended construction management services for Phase 1 Tustin Ranch Road Roadway Improvements and authorize the City Manager to execute Amendment No. 1 to a Consultant Services Agreement between the City and Parsons Transportation Group increasing the not -to- exceed amount by $462,694; and 2. Appropriate $749,495.10 from the Lennar Dry Utility Trust (Fund 603) to cover supplemental utility charges by Southern California Edison in the amounts of: $218,468.83 for street light installation (SCE Invoice #132037), $458,269.68 for line extension (SCE Invoice # 132249), and $72,756.59 for street light utility relocation required for Phase 2 Tustin Ranch Road Roadway Improvements, subject to any minor rate adjustment to the 2013 Income Tax Component of Contribution (a utility related charge). 7. APPROVE COOPERATIVE AGREEMENT WITH THE CITY OF SANTA ANA FOR PAVEMENT REHABILITATION ON MCFADDEN AVENUE A portion of the work to be performed for the McFadden Avenue Pavement Rehabilitation Project CIP 70213 is within the City of Santa Ana jurisdiction. The proposed Cooperative Agreement between the City of Tustin (City) and the City of Santa Ana (Santa Ana) provides for Santa Ana to reimburse the City for Santa Ana's proportionate share of the work included in the City's project. Recommendation: It is recommended that the City Council approve the Cooperative Agreement with the City of Santa Ana for pavement rehabilitation on McFadden Avenue within its jurisdiction, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 8. AWARD CONTRACT FOR THE ROBINSON DRIVE /KELLER DRIVE PEDESTRIAN ENHANCEMENTS (CIP 40083) AND BROWNING AVENUE/ PARKVIEW WAY PEDESTRIAN ENHANCEMENTS (CIP 40084) City Council /Successor Agency January 15, 2013 Meeting Agenda Page 6 of 8 Staff is requesting that the City Council award the construction contract for the Robinson Drive /Keller Drive Pedestrian Enhancements (CIP 40083) and Browning Avenue /Parkview Way Pedestrian Enhancements (CIP 40084) to the lowest responsive /responsible bidder. Recommendation: It is recommended that the City Council award the construction contract for the Robinson Drive /Keller Drive Pedestrian Enhancements (CIP 40083) and Browning Avenue /Parkview Way Pedestrian Enhancements (CIP 40084) to the lowest responsive /responsible bidder, Asplundh Construction Corporation, in the amount of $228,383, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 9. DECLARATION OF SURPLUS PROPERTY The City has accumulated a quantity of obsolete and /or damaged computer and other equipment that are no longer usable or required for public use. Recommendation: 1. Declare the listed equipment surplus and not required for public use. 2. Authorized staff to sell /have auctioned serviceable equipment of value and dispose of assets beyond repair. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 10 through 12) 10. APPOINTMENT OF GEORGE W. JEFFRIES AS CITY TREASURER AND SIGNING OF AGREEMENT BETWEEN THE CITY OF TUSTIN AND G. W. JEFFRIES AND ASSOCIATES, INC. The City Council is asked to consider Resolution No. 13 -04 appointing George W. Jeffries as City Treasurer and approving his personal services agreement for one year. Recommendation: That the City Council adopt Resolution No. 13 -04 appointing George W. Jeffries as City Treasurer and authorize the Mayor to sign the attached Agreement for the Services of George W. Jeffries. City Council /Successor Agency January 15, 2013 Meeting Agenda Page 7 of 8 RESOLUTION NO 13 -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPOINTING GEORGE W. JEFFRIES AS CITY TREASURER FOR CALENDAR YEAR 2013 11. SET INTERVIEW DATE FOR COMMISSION SEATS: PLANNING COMMISSION AND COMMUNITY SERVICES COMMISSION Due to term expirations, staff is requesting that the City Council set a date and time to conduct interviews to fill vacancies on the Planning Commission and Community Services Commission. Recommendation: Pleasure of the City Council 12. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, February 5, 2013 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 /Successor Agency January 15, 2013 Meeting Agenda Page 8 of 8