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Home My WebLink About00 CC AGENDA 5.5.15CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY John Nielsen, Mayor Pro Tem Rebecca Gomez, Councilmember Charles E. Puckett, Mayor Al Murray, Councilmember Dr. Allan Bernstein, Councilmember MAY 5, 2015 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Jeffrey C. Parker, City Clerk Pamela Arends-King, City Treasurer JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY VE[1I11a►vi I CALL TO ORDER — Meeting #2367 INVOCATION — Rabbi Elie Spitz PLEDGE OF ALLEGIANCE — Councilmember Gomez 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. 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. PRESENTATIONS o Principal Will Neddersen, Red Hill Elementary School o Tustin Talent Contest o Wildfire Awareness Week, May 3 — May 9 o Student Government Day o Tustin Chamber of Commerce 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 1) 1. CONTINUED CODE AMENDMENT 2015-001, SECOND RESIDENTIAL UNITS IN THE CULTURAL RESOURCES DISTRICT The project is a proposed amendment to the Tustin City Code (TCC) that would provide new standards for second residential units in the Cultural Resources (CR) District and prohibit new accessory buildings used as guest quarters in the CR District. On April 21, 2015, the City Council held a public hearing on Code Amendment (CA) 2015-001, continued the item to May 5, 2015, and directed staff to develop a recommended approach to address the issue of parking in the CR District. (Applicant: City of Tustin) Recommendation: That the City Council: 1. Introduce and have first reading by title only of Ordinance No. 1454, approving CA 2015-001 by amending Article 9 Chapter 2 of the TCC to provide new standards for second residential units in the CR District and prohibit new accessory buildings used as guest quarters in the CR District, and set a second reading for the next City Council meeting; and 2. Direct staff to take the following actions regarding on -street parking, residential privacy, and illegally converted structures in the CR District: a. Conduct an analysis and workshop to explore solutions to address parking impacts within the CR District; b. During the plan check process, examine ways to respect City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Agenda Page 2 of 8 residential privacy for properties adjacent to any proposed second floor residential project; and, C. Continue to enforce illegally constructed or converted structures. d. Continue to enforce the California Vehicle Code for illegally parked cars obstructing sidewalks, driveways and/or accessible ramps. DRAFT ORDINANCE NO. 1454 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTIONS 9252j2(a)(3) AND 9252j2(c) AND AMENDING TUSTIN CITY CODE SECTIONS 9223a7 AND 9223b2 RELATING TO SECOND RESIDENTIAL UNITS IN THE CULTURAL RESOURCE DISTRICT 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 2 through 10) 2. APPROVAL OF MINUTES — COUNCIL, THE SUCCESSOR REDEVELOPMENT AGENCY ON APRIL 21, 2015. JOINT REGULAR MEETING OF THE CITY AGENCY TO THE TUSTIN COMMUNITY AND TUSTIN HOUSING AUTHORITY HELD Recommendation: That the City Council approve the Action Minutes of the Joint Regular Meeting of the City Council, The Successor Agency to the Tustin Community Redevelopment Agency and Tustin Housing Authority held on April 21, 2015. 3. 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. Recommendation: Approve Payroll in the amount of $626,225.52; and Demands in the amount of $1,095,017.50. 4. CANCELLATION OF MAY 19, 2015 CITY COUNCIL MEETING Due to a lack of quorum, staff recommends cancellation of the May 19, 2015 Regular Joint City Council and Successor Agency to the Tustin Community Redevelopment Agency meeting. To resume consideration of regular items, staff recommends that a Special Joint City Council and Successor Agency to the Tustin Community Redevelopment City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Agenda Page 3 of 8 Agency meeting be scheduled on Wednesday, May 20, 2015. Recommendation: That the City Council direct the City Clerk to post a Notice of Cancellation for the Regular Joint City Council and Successor Agency to the Tustin Community Redevelopment Agency meeting on May 19, 2015 and schedule a Special Joint City Council and Successor Agency to the Tustin Community Redevelopment Agency meeting for Wednesday, May 20, 2015 at 6:00 p.m. 5. 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. 6. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2015-2016 ASSESSMENTS At the February 17, 2015 meeting, the City Council ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report has now been completed and is ready for City Council approval. Additionally, it is requested that the City Council declare its intention to levy annual assessments and set a public hearing for June 2, 2015. Recommendation: That the City Council: 1. Adopt Resolution No. 15-20 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2015-2016; and 2. Adopt Resolution No. 15-21 declaring its intention to levy annual assessments for Fiscal Year 2015-2016 and setting a public hearing for June 2, 2015. RESOLUTION NO. 15-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2015-2016 RESOLUTION NO. 15-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Agenda Page 4 of 8 CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2015-2016 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF 7. APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER A PORTION OF CENTENNIAL PARK Southern California Edison (SCE) has determined it to be necessary to replace cables connecting two transformers located on the cul-de-sacs of Ridgeboro Place and Buckingham Place. It is necessary for the City of Tustin to grant an easement to SCE over the City owned Centennial Park property for the installation of conduit and pull boxes and for access and maintenance purposes. Recommendation: That the City Council grant an easement to the Southern California Edison Company over a portion of Parcel 2 of a Parcel Map filed in Book 13, Pages 3 and 4 of Parcel Maps, in the Orange County Recorder's Office, as shown on the attached easement document exhibits for electrical facilities and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 8. AWARD CONTRACT FOR THE CITY HALL HEATING, VENTILATION & AIR CONDITIONING REPLACEMENT (CIP NO. 10032) Staff is requesting that the City Council award the construction contract for the City Hall Heating, Ventilation & Air Conditioning Replacement (CIP No. 10032) to the lowest responsive/responsible bidder. Recommendation: That the City Council award the construction contract for the City Hall Heating, Ventilation & Air Conditioning Replacement CIP No. 10032 to the lowest responsive/responsible bidder, Pardess Air Inc. and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. 9. AWARD OF CONTRACT FOR THE HEATING, VENTILATION, REFRIGERATION AND AIR CONDITIONING SYSTEMS MAINTENANCE AND REPAIR PROGRAM Staff released a Notice Inviting Sealed Proposals for the City's Heating, Ventilation, Refrigeration and Air Conditioning Maintenance and Repair Program and in response received three proposals. After evaluating the proposals, staff recommends awarding the contract for the Heating, Ventilating, Refrigeration and Air Conditioning (HVAC) Systems Maintenance and Repair City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Agenda Page 5 of 8 Program for all City facilities to Air -Ex Air Conditioning. The contract will provide for all HVAC maintenance and repairs for FY 15/16, with an option for additional one-year extensions through June 30, 2020. Recommendation: That the City Council award the Heating, Ventilating, Refrigeration and Air Conditioning Systems Maintenance and Repair Contract, for Fiscal Year 15/16 to Air -Ex Air Conditioning, Inc. in the amount of $51,973.60, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 10. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: That the City Council: Receive and file. REGULAR BUSINESS ITEM Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 11) 11. AMENDMENT OF WASTE DISPOSAL AGREEMENT The City, along with other public agencies in the County, have collectively reached agreement for an amendment to the Waste Disposal Agreement (WDA) to provide for continuation of importation at the County landfills, City allocation of future importation revenues, and to extend terms of the WDA through June 30, 2025. This action will maintain stable disposal rates and continuity of service for residents and businesses while ensuring continued partnership between cities and the county. Recommendation: That the City Council adopt Resolution No. 15-25 amending the Waste Disposal Agreement (WDA) between the County of Orange and City of Tustin to allow for the continued importation of waste at the County's three landfills and to extend the terms of the WDA through June 30, 2025. RESOLUTION NO. 15-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING AN AMENDMENT TO THE 2009 WASTE DISPOSAL AGREEMENT WITH THE COUNTY OF ORANGE City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Agenda Page 6 of 8 OTHER BUSINESS/COMMITTEE REPORTS CLOSED SESSION MEETING (Following the Regular City Council Meeting) 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(d4)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — One Case Property 430-391-12, 430-391-09, and 430-391-03 Address/Description Agency City of Tustin 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 4. LABOR NEGOTIATIONS [Government Code Section 54957.6] Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association — Management Unit (TPMA) Employee Organization: Tustin Police Officers Association — Officer Unit (TPOA) Employee Organization: Tustin Police Support Service Association City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Agenda Page 7 of 8 Employee Organization: Employee Organization: Employee Organization: Employee Organization: (TPSSA) Unrepresented Confidential Employees Unrepresented Supervisory Employees Unrepresented Executive Management and Management Employees Unrepresented Part -Time Employees ADJOURNMENT — Upon City Council direction, the next meeting is scheduled for Wednesday, May 20, 2015 for the Special City Council Meeting at 6:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Agenda Page 8 of 8