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Home My WebLink About00 CC AGENDA 5.20.15CITY OF TUSTIN JOINT SPECIAL MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY John Nielsen, Mayor Pro Tem Rebecca Gomez, Councilmember Al Murray, Councilmember Dr. Allan Bernstein, Councilmember MAY 20, 2015 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager Charles E. Puckett, Mayor David E. Kendig, City Attorney Jeffrey C. Parker, City Clerk Pamela Arends-King, City Treasurer JOINT SPECIAL MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 6:00 P.M. CALL TO ORDER — Meeting #2368 INVOCATION — Councilmember Murray PLEDGE OF ALLEGIANCE — Mayor Pro Tem Nielsen ROLL CALL — City Clerk 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. PRESENTATION o 2015 National Public Works Week 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. 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 5) 1. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON MAY 5, 2015 AND THE SPECIAL MEETING OF THE CITY COUNCIL (WATER MANAGEMENT PLAN WORKSHOP) HELD ON MAY 5, 2015 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 May 5, 2015 and the Special Meeting of the City Council (Water Management Plan Workshop) held on May 5, 2015 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. Recommendation: Approve Payroll in the amount of $669,211.60; and Demands in the amount of $1,624,613.47. 3. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE EDINGER AVENUE WELL - PHASE II EQUIPPING PROJECT CIP NO. 60165 The plans and specifications for the Edinger Avenue Well - Phase II Equipping Project CIP No. 60165 have been prepared and the project is now ready to be bid. Recommendation: Adopt Resolution No. 15-17 approving the plans and specifications for the Edinger Avenue Well - Phase II Equipping Project CIP 60165 and authorize the City Clerk to advertise to receive bid. RESOLUTION NO. 15-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE EDINGER AVENUE WELL - PHASE II EQUIPPING PROJECT CIP NO. 60165 City Council and Successor Agency May 20, 2015 Special Meeting Agenda Page 2 of 5 AND AUTHORIZING ADVERTISEMENT FOR BIDS 4. FIRST READING OF ORDINANCE NO. 1455 TO AMEND CITY CODE SECTION 5331n BY ESTABLISHING PREFERENTIAL PERMIT ONLY PARKING ON CARFAX AVENUE, UTT DRIVE, WOODLAWN AVENUE, CHARLOMA DRIVE, MITCHELL AVENUE AND VEEH DRIVE Some residents in the neighborhood bounded by Carfax Avenue, Mitchell Avenue, Utt Drive and Nisson Road have expressed concerns regarding overnight parking of non-resident vehicles on their streets, along with associated trash and night time activities. In order to mitigate these issues they have requested permit parking. Night time parking surveys were performed on these streets to determine the extent of non-resident parking. Six streets are included in this recommendation for establishment of permit parking in order to provide consistency throughout the neighborhood. Recommendation: That the City Council introduce and have the first reading of Ordinance No. 1455 to establish preferential permit only parking on Carfax Avenue and Utt Drive between Mitchell Avenue and Nisson Road; on Woodlawn Avenue and Charloma Drive between Veeh Drive and Nisson Road; on the north side of Mitchell Avenue between Carfax Avenue and Utt Drive; and on Veeh Drive, and set the second reading for the Council's next scheduled meeting. ORDINANCE 1455 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY 5. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the fourth quarter of 2014. The average noise level measured at Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior quarters during this fourth quarter reporting period; however, noise level data was unavailable for a majority of the month of December due to technical difficulties with the monitoring equipment at this site. Average noise levels during the fourth 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. City Council and Successor Agency May 20, 2015 Special Meeting Agenda Page 3 of 5 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 6 through 8) 6. TUSTIN GATEWAY HOTEL AND RETAIL DEVELOPMENT - 3rd AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) Approval is requested to amend the DDA with Tustin Retail SPE, LLC (Retail Developer) and Olson Real Estate Group (Olson), collectively known as the Developer to obtain from the City a Certificate of Compliance for the retail parcels located within the Tustin Gateway Project. Recommendation: That the City Council authorize the City Manager to execute Amendment No. 3 to the Disposition and Development Agreement (DDA) between the City of Tustin and the Developer, Tustin Retail SPE, LLC and Olson Real Estate Group. 7. ADOPTION OF URGENCY ORDINANCE NO. 1457 TO ADD CHAPTER 10 TO ARTICLE 4 OF THE TUSTIN CITY CODE REVISING THE WATER MANAGEMENT PLAN TO ACHIEVE A 28% STATE MANDATORY CONSERVATION TARGET, AND CONDUCT FIRST READING OF REGULAR ORDINANCE 1457 On April 1, 2015, Governor Brown directed the State Water Resources Control Board (Water Board) to impose restrictions to achieve an aggregate statewide 25% reduction in potable urban water use through February 2016. The Executive Order stipulates the 25% reduction in water use as compared to 2013, but proposes flexibility in how to achieve this reduction in recognition of the level of conservation already achieved by different communities around the state. The Water Board has reviewed previous conservation amounts for each Water Supplier in the state and has determined that Tustin Water Services must reduce potable water consumption by 28% through February 2016. Recommendation: That the City Council: 1. Adopt by a 4/5ths roll call vote Ordinance No. 1457 on an urgency basis to add Chapter 10 of Article 4 to the Tustin City Code, revising the City's Water Management Plan; and 2. Conduct the first reading by title only of Ordinance 1457 and direct staff to schedule a public hearing at the next regular meeting of the City Council for second reading and adoption. ORDINANCE NO. 1457 City Council and Successor Agency May 20, 2015 Special Meeting Agenda Page 4 of 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE NECESSITY FOR AND AMENDING THE WATER MANAGEMENT PLAN 8. PROPOSED BIANNUAL PROGRAM AND FINANCIAL PLAN FOR FISCAL YEARS 2015-16 AND 2016-17 AND CAPITAL IMPROVEMENT PROGRAM This is the first two-year budget for the City of Tustin as part of our strategic plan to enhance our financial sustainability. Staff proposed a revised budget to improve our financial projections and to focus on programs essential to providing quality services to our community. Transmitted herewith are the proposed Biannual Program and Financial Plan and Capital Improvement Program for Fiscal Years 2015-16 and 2016-17. The Program and Financial Plan is the operating budget for all City services. The Capital Improvement Program includes projects for fiscal year 2015-16 and projects programmed for a seven-year period. OTHER BUSINESS/COMMITTEE REPORTS CLOSED SESSION MEETING (Following the Special City Council Meeting) 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 ADJOURNMENT — The next meeting is scheduled for Tuesday, June 2, 2015 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 May 20, 2015 Special Meeting Agenda Page 5 of 5