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Home My WebLink About00 CC AGENDA 07.05.17CITY OF TUSTIN REGULAR JULY 5, 2017 MEETING OF THE CITY COUNCIL + COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Al Murray, Mayor Pro Tem Jeffrey C. Parker, City Manager Rebecca Gomez, Councilmember Dr. Allan Bernstein, Mayor David E. Kendig, City Attorney Charles E. Puckett, Councilmember Erica N. Rabe, City Clerk Letitia Clark, Councilmember Jeffrey C. Parker, City Treasurer CLOSED SESSION MEETING OF THE CITY COUNCIL CALL TO ORDER — Meeting #2415 ROLL CALL — City Clerk PUBLIC INPUT — Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION UPDATE — City Attorney David E. Kendig 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: WRITTEN MATERIALS — Materials that are distributed to a majority of the Council members, less than 72 hours prior to the Regular Meeting, are available for public inspection at the following locations: In the City Clerk's Office during regular business hours and following business hours (after 5:30 p.m.) in the Council Chamber on the day of the meeting. AMERICANS WITH DISABILITIES ACT (ADA) - In compliance with the (ADA), those requiring accommodations for this meeting should notify the City Clerk's Office 72 hours prior to the meeting at (714) 573-3025. 1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION -Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Government Code § 54957] — One Case A. Title: City Manager 4. CONFERENCE WITH LABOR NEGOTIATOR [Government Code § 54957.6] - A. Unrepresented employee: City Manager, Jeffrey C. Parker Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — (1 case) A. Property 434-021-22 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & John Buchanan, Director of Economic Development/Acting Director of Finance Negotiating Parties Jeffrey Axtell, Vice President Acquisitions and Development, Vestar Development Company Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2415 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion CLOSED SESSION REPORT — City Attorney David E. Kendig City Council July 5, 2017 Meeting Agenda Page 2 of 8 ORAL COMMUNICATION/PUBLIC INPUT — At this time, any member of the public may address the Council on matters which are not on this evening's agenda, provided the matter is within the subject matter jurisdiction of the City Council. 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 8) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL HELD ON JUNE 20, 2017. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on June 20, 2017. 3. RATIFICATION OF PAYROLL AND DEMANDS 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: That the City Council approve Payroll in the amount of $762,909.89; and Demands in the amount of $ 3,810,988.44. 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the first quarter of 2017. The average noise level measured at Tustin's monitoring station (NMS 1ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior quarters during this first quarter reporting period. Average noise levels during the first quarter remained well 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. City Council July 5, 2017 Meeting Agenda Page 3 of 8 5. RESOLUTION IN SUPPORT OF CALIFORNIA WATERFIX AND ECORESTORE As a critical source of water supply, the California Bay Delta provides approximately 30 percent of Southern California's water supply annually. In partnership with the Municipal Water District of Orange County (MWDOC), the City of Tustin participated in the recent Orange County Water Reliability Study (Study) evaluating scenarios and projects that enhance or sustain water supplies to the region. Modeling shows the California WaterFix, as currently proposed, represents the most cost-effective, large-scale reliability solution to improving Orange County's water supply reliability over the next 25 years. Recommendation: That the City Council adopt Resolution 17-36 supporting the California WaterFix and California EcoRestore. RESOLUTION NO. 17-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORT FOR THE CALIFORNIA WATERFIX AND CALIFORNIA ECORESTORE 6. ADOPT RESOLUTION NO. 17-01 TO ACCEPT IMPROVEMENTS FOR THE EDINGER AVENUE WELL -PHASE II EQUIPPING PROJECT (CIP NO. 60165) AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Edinger Avenue Well -Phase II Equipping Project (CIP No. 60165) 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. 17-01 accepting the construction of the Edinger Avenue Well -Phase II Equipping Project (CIP No. 60165); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 17-01 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 EDINGER AVENUE WELL -PHASE II EQUIPPING PROJECT-CIP NO. 60165 7. APPROVE AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT NO. D02- 119 WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT City Council July 5, 2017 Meeting Agenda Page 4 of 8 INCREASING THE RESIDENTIAL UNIT LIMIT FOR THE CONSTRUCTION OF THE PETER'S CANYON CHANNEL FLOOD CONTROL IMPROVEMENTS Cooperative Agreement D02-119 dated March 11, 2003 as amended established terms and conditions under which certain Peter's Canyon Channel Flood Control Improvements would be scheduled, engineered, financed, constructed, operated, and maintained. Amendment No. 3 to Cooperative Agreement D02-119 increases the residential certificate of occupancy limit of 1,200 units, established in the 2nd amendment to the agreement with the Orange County Flood Control District (OCFCD) and the County of Orange, by an additional 200 units to 1,400 units. Prior to that limit being reached, the Peter's Canyon Channel Improvements are required to be awarded and construction commenced. Recommendation: That the City Council approve Amendment No. 3 to Cooperative Agreement No. D02-119 with the Orange County Flood Control District and the County of Orange and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. 8. NOTICE OF COMPLETION FOR PEPPERTREE PARK (CIP 10032) AND CAMINO REAL PARK (CIP 20054) LIGHTING IMPROVEMENTS Construction for the Peppertree Park Lighting Improvements (CIP No. 10032) and Camino Real Park Lighting Improvements (CIP No. 20054) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: That the City Council: 1. Adopt Resolution No. 17-34 and 17-35 accepting the construction of the Peppertree Park Lighting Improvements (CIP No. 10032) and Camino Real Park Lighting Improvements (CIP No. 20054); and 2. Authorize the City Engineer to execute and file the Notices of Completion with the County Recorder's Office. RESOLUTION NO. 17-34 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 PEPPERTREE PARK LIGHTING PROJECT (CIP 10032) RESOLUTION NO. 17-35 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 CAMINO PARK LIGHTING PROJECT (CIP 20054) City Council July 5, 2017 Meeting Agenda Page 5 of 8 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 9) 9. TUSTIN LEGACY SPECIFIC PLAN AMENDMENT (SPA) 2015-01 (ORDINANCE NO. 1482), GENERAL PLAN AMENDMENT (GPA) 2015-02, AND FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (FSEIR) The Tustin Legacy Specific Plan area (former MCAS Tustin Specific Plan) includes 1,606 acres (1,511 acres in Tustin and approximately 95 acres in Irvine). The MCAS Tustin Specific Plan was adopted by ordinance on February 3, 2003, and established the zoning for the project area. The Plan also established the necessary plans, development standards, regulations, infrastructure requirements, design guidelines, and implementation programs on which subsequent, project -related development is founded. The proposed Specific Plan Amendment would implement a revised land use and urban design plan for the community that weaves the existing development into an updated comprehensive vision for achieving a better balance of residential, commercial, and employment uses, well connected by a variety of transportation modes, parks, and open space. The amendment will include new land uses such as Mixed Use Transit and Mixed Use Urban as well as the inclusion of the linear park concept. The MCAS Tustin Specific Plan Amendment (SPA) 2015-01 would allow 2,212 additional homes, reduce 1,755,306 square feet of nonresidential building space, and introduce new Mixed-use Urban and Mixed-use Transit land uses in the project area. No development is proposed at this time and built -out of the Tustin Legacy is anticipated over the next ten (10) to twenty (20) years depending on market conditions. General Plan Amendment (GPA) 2015-02 would include minor text amendments to ensure consistency with the proposed specific plan amendment. The Final Supplemental Environmental Impact Report (FSEIR) provides environmental analysis to support the proposed project. On June 13, 2017, the Planning Commission considered the proposed amendment and adopted Resolution Nos. 4339, 4340, and 4341, recommending that the City Council find the FSEIR is adequate and approve GPA 2015-02 and SPA 2015-01 (Ordinance No. 1482). Recommendation: That the City Council: City Council July 5, 2017 Meeting Agenda Page 6 of 8 1. Adopt Resolution No. 17-23, finding the Final Supplemental Environmental Impact Report for General Plan Amendment 2015-02 and MCAS Tustin Specific Plan Amendment 2015-01 is adequate. 2. Adopt Resolution No. 17-32, approving General Plan Amendment 2015- 02 for minor text amendments to ensure consistency with the proposed SPA 2015-01; and, 3. Introduce and have first reading of Ordinance No. 1482 for Specific Plan Amendment 2015-01 by changing the mix and layout of land uses, introducing mixed-use transit and mixed-use urban, and allowing 2,212 additional homes and 1,755,306 fewer square feet of nonresidential building space and set a second reading at the July 18, 2017 City Council meeting. RESOLUTION NO. 17-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FINDING THAT THE FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL AND REUSE OF MCAS TUSTIN ("FEIS/EIR") AS REVISED BY FINAL SUPPLEMENT #2 IS ADEQUATE FOR GPA 2015-02 AND SPA 2015-01. RESOLUTION NO. 17-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (GPA) 2015-02 FOR MINOR TEXT AMENDMENT TO ENSURE CONSISTENCY WITH THE PROPOSED SPECIFIC PLAN AMENDMENT 2015-01 ORDINANCE NO. 1482 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2015-01 TO FACILITATE THE DEVELOPMENT, CONVEYANCE, AND IMPLEMENTATION OF TUSTIN LEGACY NEW VISION CONCEPT. REGULAR BUSINESS ITEM Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 10) 10. LEGISLATIVE UPDATE Staff has prepared an update of proposed key legislative items. Recommendation: At the direction of the City Council. City Council July 5, 2017 Meeting Agenda Page 7 of 8 OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, July 18, 2017 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council July 5, 2017 Meeting Agenda Page 8 of 8