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Home My WebLink About00 CC AGENDA 7-15-14CITY OF TUSTIN JOINT REGULAR JULY 15, 2014 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND SUCCESSOR AGENCY 300 CENTENNIAL WAY, TUSTIN Charles E. "Chuck" Puckett, Mayor Pro Tem Jeffrey C. Parker, City Manager John Nielsen, Councilmember Al Murray, Mayor David E. Kendig, City Attorney Rebecca "Beckie" Gomez, Councilmember Jeffrey C. Parker, City Clerk Dr. Allan Bernstein, Councilmember Pamela Arends-King, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2349 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: 1. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION: [Government Code § 54956.9(d2)] — Two Cases 2. LIABILITY CLAIM: [Government Code § 54956.95] — One Case 1. Consideration of Claim of Valeria Yungblut, Claim No. 14-12 3. LABOR NEGOTIATIONS: [Government Code § 54957.6] Agency Negotiators: David E. Kendig, City Attorney, and Derick Yasuda, Acting Director of Human Resources Employee Organization: Unrepresented Executive Management and Management Employees Please note: Written materials relating to agenda items for an open session regular meeting of the Council that are distributed to a majority of the Council members less than 72 hours prior to the 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. 4. PUBLIC EMPLOYMENT: [Government Code § 54957] — Two Cases 1. Performance evaluation of the City Attorney 2. Performance evaluation of the City Manager 5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code § 54956.9(a)] — One Case 1. Successor Agency to the Tustin Redevelopment Agency, et al. v. Matosantos: Case No. 34-2013-80001623 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Two Cases 1. Property 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 62, 63, 64, Address/Description 65, 66, 67, 68 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Pacific Coast Investors Under Negotiation Price and Terms of Payment 2. Property 430-391-12, 430-391-09, and 430-391-03 Address/Description Agency City of Tustin City Negotiators City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Dr. Gregory Franklin, Superintendent Under Negotiation Price and Terms of Payment 7. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY VE[1I111a►vi I CALL TO ORDER — Meeting #2349 City Council and Successor Agency July 15, 2014 Meeting Agenda Page 2 of 8 INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE — Councilmember Nielsen ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig 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. PRESENTATIONS o TyRon Jackson, Operation Warm Wishes o Emma Foss, Miss Tustin o Eye Injury Prevention Month o Tustin Chamber of Commerce 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 — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON JULY 1, 2014 Recommendation: That the City Council approve the Action Minutes of the Joint Regular Meeting of the City Council and the Successor Agency to the Tustin Community Redevelopment Agency held on July 1, 2014. 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 and Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. City Council and Successor Agency July 15, 2014 Meeting Agenda Page 3 of 8 Recommendation: Approve Payroll in the amount of $667,894.17 and Demands in the amount of $1,872,606.01. 3. APPROVAL OF A CONSULTANT SERVICES AGREEMENT TO FACILITATE THE DESIGN AND DELIVERY OF A FUNCTIONAL EMERGENCY OPERATIONS CENTER EXERCISE Approval of a Consultant Services Agreement between the City of Tustin and Willdan Homeland Solutions to provide support services for the development and delivery of a Functional Emergency Operations Center Exercise. Recommendation: Authorize the City Manager and the City Clerk to execute a Consultant Services Agreement with Willdan Homeland Solutions to provide support services for the development and delivery of a Functional Emergency Operations Center Exercise in an amount not to exceed $24,293. 4. APPROVE AMENDMENT NO. 2 TO MASTER FUNDING AGREEMENT NO. C-1-2786 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS Master Funding Agreement No. C-1-2786 between the City of Tustin and the Orange County Transportation Authority (OCTA) defines specific terms, conditions and funding responsibilities for Comprehensive Transportation Funding Programs (CTFP) and Local Fair Share Program Net Revenues under Renewed Measure M (M2). OCTA has issued Amendment No. 2, which includes minor modifications to the City's Master Funding Agreement. Recommendation: That the City Council approve Amendment No. 2 to the Master Funding Agreement No. C-1-2786 with the Orange County Transportation Authority for M2 Comprehensive Transportation Funding Programs and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. 5. ADOPT RESOLUTION NO. 14-50 TO ACCEPT IMPROVEMENTS FOR THE NEWPORT AVENUE BICYCLE TRAIL RECONSTRUCTION BETWEEN MAIN STREET AND IRVINE BOULEVARD PROJECT (CIP 70219) Construction of the Newport Avenue Bicycle Trail Reconstruction between Main Street and Irvine Boulevard Project (CIP 70219) has been completed to the satisfaction of the City Engineer and the project is now ready for City Council acceptance. Recommendation.- Adopt ecommendation: Adopt Resolution No. 14-50 accepting the construction of the Newport Avenue Bicycle Trail Reconstruction between Main Street and Irvine City Council and Successor Agency July 15, 2014 Meeting Agenda Page 4 of 8 Boulevard Project (CIP 70219); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 14-50 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 NEWPORT AVENUE BICYCLE TRAIL RECONSTRUCTION BETWEEN MAIN STREET AND IRVINE BOULEVARD PROJECT (CIP NO. 70219) 6. APPROVE REIMBURSEMENT AGREEMENT OCSD CONTRACT NO. 7- 37 WITH THE ORANGE COUNTY SANITATION DISTRICT FOR THE CONSTRUCTION OF A PORTION OF THE GISLER RED HILL SYSTEM IMPROVEMENTS Reimbursement Agreement OCSD Contract No. 7-37 between the City of Tustin and the Orange County Sanitation District (OCSD) dated June 25, 2014 establishes terms and conditions under which a portion of OCSD's Gisler Red Hill System improvements will be scheduled, engineered, financed, and constructed in conjunction with the City's Armstrong Avenue and Warner Avenue Extension Phase 2 Street Improvements Construction Project, CIP No.'s 70201 & 70202. Recommendation: That the City Council approve Reimbursement Agreement OCSD Contract No. 7-37 with OCSD and authorize the Mayor, City Clerk, and City Attorney to execute the agreement on behalf of the City. 7. APPROVAL OF CONSULTANT SERVICES AGREEMENTS FOR ENGINEERING DESIGN SERVICES FOR VARIOUS TUSTIN LEGACY INFRASTRUCTURE PROJECTS Approval is requested of Consultant Services Agreements (CSA) with Hunsaker & Associates, RBF Consulting, and NMG Geotechnical to provide engineering design services to complete the unfinished design and prepare final plans, specifications and costs estimates for certain Tustin Legacy Backbone Infrastructure projects related to the Standard Pacific (SP) and South Orange County Community College District (SOCCCD) projects; including the Peter's Canyon Channel Improvements (CIP No. 50040), Moffett Drive Extension — Park Avenue to east of Peter's Canyon Channel, Moffett Bridge over Peter's Canyon Channel and storm drain extension from Tustin Ranch Road to Peter's Canyon Channel (CIP No. 70224), Park Avenue Extension — Victory Road to Moffett Drive (CIP No. 70225), Red Hill Avenue Widening — Barranca Parkway to 1,000' north of Valencia Avenue, and finally Bell Avenue Extension — Red Hill City Council and Successor Agency July 15, 2014 Meeting Agenda Page 5 of 8 to 1,000' north of Valencia Avenue, and finally Bell Avenue Extension — Red Hill Avenue to Armstrong Avenue (CIP No. 70221). Recommendation: That the City Council: Approve Consultant Services Agreements (CSA) with Hunsaker & Associates, RBF Consulting, and NMG Geotechnical for the provision of certain design and consulting services, subject to any non -substantive modifications as may be determined necessary as recommended by the City Attorney, and authorize the City Manager to execute the documents on behalf of the City; and 2. Approve $1,800,000 from unappropriated funds in CFD 06-1 (Fund 434) and appropirate $98,000 from unappropriated funds in the CFD 06-1 Annex (Fund 438). 8. 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 2014. The average noise level measured at Tustin's monitoring station (NMS 10N), 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 were 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. 9. SUMMARY OF PROJECTS The following report provides a summary of projects and activities from the Community Development Department to the Tustin City Council. The report focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest. Recommendation: That the City Council receive and file this item. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 10 through 13) City Council and Successor Agency July 15, 2014 Meeting Agenda Page 6 of 8 TUSTIN CITY CODE IN ITS ENTIRETY REGARDING DISASTER EMERGENCY SERVICES Ordinance Number 1436 amends Article 5, Chapter 2 of the Tustin City Code in its entirety and establishes a Disaster Council pursuant to the California Emergency Services Act and California Disaster Service Worker Volunteer Program Regulations. Recommmendation: That the City Council introduce and have first reading by title only of Ordinance No. 1436 amending in its entirety Chapter 2, Article 5, of the Tustin City Code pertaining to Disaster Emergency Services and set second reading at the next scheduled City Council Meeting. ORDINANCE NO. 1436 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING FOR THE PREPARATION AND IMPLEMENTATION OF EMERGENCY ORGANIZATIONS AND FUNCTIONS 11. APPROVE COMMENT LETTER ON THE DRAFT BAY DELTA CONSERVATION PLAN The comment period on the Draft Bay Delta Conservation Plan will close on July 29, 2014. The Municipal Water District of Orange County, which the City is a member of, has requested member agencies consider submitting comments. Recommendation: That the City Council approve the attached Draft Bay Delta Conservation Plan Comment Letter and authorize the Mayor to sign the letter on behalf of the City. 12. SUBMITTAL OF BALLOT MEASURE TO VOTERS TO INCREASE AND CLARIFY APPLICATION OF THE UNIFORM TRANSIENT OCCUPANCY TAX (HOTEL ROOM TAX) To present for City Council consideration and approval a Resolution providing for submittal of a ballot measure, which, if approved by a vote of the electorate, would provide that the City of Tustin's Uniform Transient Occupancy Tax (commonly referred to as the "hotel room tax") be increased from 6% to either 14% or 10% and that other clarifying changes be made to the Uniform Transient Occupancy Tax ("UTOT") ordinance. Recommendation: That the City Council consider, discuss, and, if in agreement, adopt the following proposed Resolution to submit a ballot measure to the City's voters to increase the UTOT from 6% to 10%, and direct staff to take the steps necessary to place this matter on the ballot, including soliciting ballot arguments regarding the measure. City Council and Successor Agency July 15, 2014 Meeting Agenda Page 7 of 8 RESOLUTION NO. 14-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CALLING FOR THE HOLDING OF AN ELECTION FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO AMENDING CHAPTER 7 OF ARTICLE 20 OF THE TUSTIN MUNICIPAL CODE PERTAINING TO THE UNIFORM TRANSIENT OCCUPANCY TAX TO BE CONSOLIDATED AND HELD IN CONJUNCTION WITH THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2014, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS, AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE THE ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE 13. REQUEST FOR TRAVEL APPROVAL Mayor Pro Tern Chuck Puckett is requesting City Council authorization to attend the Commission on Accreditation for Law Enforcement Agencies (CALEA) banquet ceremony in Chicago, Illinois on July 26, 2014. Tustin Police Department will be receiving the CALEA Re- Accreditation at the ceremony. Resolution 09-18 sets forth expense and travel reimbursement guidelines whereas out -of -county travel requires City Council approval. Recommendation: City Council discretion OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, August 5, 2014 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 and Successor Agency July 15, 2014 Meeting Agenda Page 8 of 8