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Home My WebLink About000 CC AGENDA 10.6.15CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY John Nielsen, Mayor Pro Tem Rebecca Gomez, Councilmember Charles E. Puckett, Mayor Al Murray, Councilmember Dr. Allan Bernstein, Councilmember OCTOBER 6, 2015 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Erica N. Rabe, City Clerk Pamela Arends-King, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2376 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(d4)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — Two Cases a. Name of Claim: Michael Schrode Case No(s). WCAB: ADJ8979790 and ADJ8979791 b. Successor Agency to the Tustin Redevelopment Agency, et al. v. Michael 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. Cohen: Sacramento Superior Court Case No. 34-2015-80002046 CU-WM- GDS 4. LIABILITY CLAIMS [Government Code § 54956.95] — Two Cases a. Claim of Carol Cook, Claim No. 15-05 b. Claim of Infinity Insurance, Claim No. 15-11 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Government Code § 54957] — One Case a. Title: City Manager 6. CONFERENCE WITH LABOR NEGOTIATORS [Government Code § 54957.6] - a. Unrepresented employee: City Manager Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources REGULAR MEETING OF THE CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2376 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion 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 — • 2015 Boys State Program • Water Expo Student Art Contest: Let's Get Smart about Water, One Drop at a Time • Red Ribbon Week: Tustin Young Marines • Fire Prevention Week: Orange County Fire Authority City Council/Housing Authority October 6, 2015 Meeting Agenda Page 2 of 9 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 12) 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 AND TUSTIN HOUSING AUTHORITY HELD ON SEPTEMBER 15, 2015. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council and Tustin Housing Authority held on September 15, 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 $724,283.12; and Demands in the amount of $7,828,404.44. 4. EL NINO PREPARATION At the August 18, 2015 City Council meeting, Council Member Murray requested an update on preparations for the upcoming EI Nino event that is being forecast by meteorologists. Recommendation: Staff recommends that the City Council receive and file this report. 5. WATER CONSERVATION UPDATE -AUGUST 2015 City Council/Housing Authority October 6, 2015 Meeting Agenda Page 3 of 9 As a result of the drought, the City of Tustin is required to provide the State Water Resources Control Board with data that will be used to determine if the City is meeting the required 28% conservation target and the various methods being utilized to ensure compliance with the State's mandates. This report summarizes the information provided to the State for the month of August 2015 and provides the City Council and the public with general information on previous and upcoming actions taken by the City. Recommendation: Staff recommends that the City Council receive and file this report. 6. APPROPRIATE FUNDS FOR ENGINEERING SERVICES FOR THE DESIGN OF MOFFETT DRIVE EXTENSION AND KENSINGTON PARK DRIVE EXTENSION Following the City Council's approval of a School Facilities Implementation, Funding and Mitigation Agreement with Tustin Unified School District (TUSD) for the development of schools within Tustin Legacy, staff has solicited proposals for engineering services associated with the design of Moffett Drive and Kensington Park Drive surrounding the school site. Although these street extensions were incorporated in the FY 2015-17 Capital Improvement Program, staff did not propose funding for design efforts as the timing of these projects was uncertain. Recommendation: Staff recommends that the City Council appropriate $350,000 from Fund 189 (Land Sale Proceeds). 7. ADOPT RESOLUTION NO. 15-23 TO ACCEPT IMPROVEMENTS FOR THE ARMSTRONG AVENUE (CIP NO. 70201) AND WARNER AVENUE (CIP NO. 70202) EXTENSION PHASE 2 STREET IMPROVEMENTS CONSTRUCTION PROJECT AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Armstrong Avenue (CIP No. 70201) and Warner Avenue (CIP No. 70202) Extension Phase 2 Street Improvements Construction Project 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. 15-23 accepting the construction of the Armstrong Avenue (CIP No. 70201) And Warner Avenue (CIP No. 70202) Extension Phase 2 Street Improvements Construction Project, and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. City Council/Housing Authority October 6, 2015 Meeting Agenda Page 4 of 9 RESOLUTION NO. 15-23 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 ARMSTRONG AVENUE AND WARNER AVENUE EXTENSION PHASE 2 STREET IMPROVEMENTS PROJECT - CIP NOS. 70201& 70202 8. AUTHORIZATION TO USE NATIONAL PURCHASING PARTNERS FOR THE FRONTIER PARK WATER PLAY RECIRCULATION SYSTEM (CIP NO. 20076) Approval of resolution 15-71 will authorize the City of Tustin to contract for the purchase and installation of a recirculation system for the Frontier Park water play area utilizing the National Purchasing Partners (NPP) cooperative purchasing program. Recommendation: That City Council approve Resolution 15-71, authorizing the use of the National Purchasing Partners (NPP) cooperative purchasing program to contract for the purchase and installation of a recirculation system for the water play area at Frontier Park. RESOLUTION NO. 15-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE USE OF THE NATIONAL PURCHASING PARTNERS COOPERATIVE PURCHASING PROGRAM TO CONTRACT FOR THE PUCHASE AND INSTALLATION OF A WATER PLAY RECIRCULATION SYSTEM AT FRONTIER PARK (CIP No. 20076) 9. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF MICHAEL SHRODE Adoption of the attached Resolution will certify that Michael Shrode is industrially disabled from his position of Police Officer and enable CalPERS to process his retirement. Recommendation: Adopt Resolution No. 15-73 finding that Police Officer Michael Shrode is industrially disabled from performing the duties of his position. RESOLUTION NO. 15-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT MICHAEL SHRODE, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER 10. ADOPT RESOLUTION NO. 15-69 DESIGNATING THE CITY'S AUTHORIZED AGENT FOR THE PURPOSE OF OBTAINING HOMELAND SECURITY City Council/Housing Authority October 6, 2015 Meeting Agenda Page 5 of 9 GRANT PROGRAM AND EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDING PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY THROUGH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES The California Office of Emergency Services (CaIOES) requires a City resolution on file designating the City's representative for the Homeland Security Grant Program and the Emergency Management Performance Grant. Funds are utilized to make various improvements to the City's Emergency Preparedness Program. Recommendation: It is recommended the City Council Adopt Resolution No. 15-69 designating the Chief of Police as the City's authorized agent for the Homeland Security Grant Program and the Emergency Management Performance Grant Program. RESOLUTION NO. 15-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CITY'S AUTHORIZED AGENT FOR THE PURPOSE OF OBTAINING HOMELAND SECURITY GRANT PROGRAM AND EMERGENCY MANAGEMENT PROGRAM GRANT FUNDING PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY THROUGH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES 11. APPROVAL OF AN AGREEMENT WITH THE COUNTY OF ORANGE TO PROVIDE SUPPORT EQUIPMENT REQUIRED TO OPERATE TWO POINT OF DISPENSING LOCATIONS Staff is requesting the City Council approve an agreement with the County of Orange to provide equipment required to operate two Point of Dispensing (POD) sites during a pandemic incident or other emergencies. Recommendation: That the City Council: 1. Approve an Agreement for the provision of Point of Dispensing Site Equipment Services between the County of Orange and the City, and 2. Authorize the Mayor and City Clerk to execute the contract documents. 12. APPROVE QUITCLAIM OVER ADJACENT PARCELS ALONG PARK AVENUE AND MOFFETT DRIVE IN TUSTIN LEGACY TO STANDARD PACIFIC CORP. (SOON TO BE CALATLANTIC GROUP INC.) Final construction of the streets and infrastructure associated with the Greenwood Development by Standard Pacific Corp. (soon to be CalAtlantic Group, Inc.) varied slightly from the perimeter boundaries of the lots sold to Standard Pacific Corp. via the underlying conveyance tract map no. 17404. This City Council/Housing Authority October 6, 2015 Meeting Agenda Page 6 of 9 issue affects the private open space lots B, NN, BBB, GGG, and HHH of tract map no. 17507 adjacent to Park Avenue and Moffett Drive and created dual ownership by Standard Pacific Corp. and the City over those lots. It is therefore necessary for the City to quitclaim ownership interest over these five lots to Standard Pacific Corp. (soon to be CalAtlantic Group, Inc.) for ultimate transfer to the Greenwood Homeowners Association. Recommendation: That the City Council approve the quitclaim to Standard Pacific Corp. (soon to be CalAtlantic Group, Inc.) over Lots B, NN, BBB, GGG, and HHH of TR 17507 adjacent to Park Avenue and Moffett Drive as shown on the attached quitclaim deed and authorize the Mayor and City Clerk to execute the document on behalf of the City. 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 13) 13. FIRST READING OF ORDINANCE NO. 1458 TO AMEND CITY CODE SECTION 5331n BY ESTABLISHING PREFERENTIAL PERMIT ONLY PARKING WITHIN THE WALNUT PARK/BROADMOOR NEIGHBORHOOD Residents on several streets in the Walnut Park/Broadmoor neighborhood 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 which determined that most streets are impacted by non-resident parking. All streets within the neighborhood are included in this recommendation for establishment of permit parking in order to provide consistency throughout the neighborhood. Recommendation: That City Council introduce and have the first reading of Ordinance No. 1458 to establish preferential permit only parking within the Walnut Park/Broadmoor neighborhood consisting of Almside Drive, Atherton Lane, Birmingham Place, Denbigh Lane, Foresterra Lane, Grassmere Lane, Hamlet Lane, Kipling Lane, Langdale Lane, Penrith Lane, Tenby Lane, Tupelo Lane, Walden Lane, Wildeve Lane, and Windemere Lane, and set the second reading for the Council's next scheduled meeting. ORDINANCE NO. 1458 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 City Council/Housing Authority October 6, 2015 Meeting Agenda Page 7 of 9 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 14-15) 14. INTERIM URGENCY ORDINANCE NO. 1463 EXTENDING THE EFFECTIVE TERM OF INTERIM URGENCY ORDINANCE NO. 1452 MASSAGE ESTABLISHMENTS Ordinance No. 1463 is an interim urgency measure that would extend the effective term of Interim Urgency Ordinance No. 1452. The City Council approved Interim Urgency Ordinance No. 1451 on October 21, 2014 to enact a moratorium on the approval of massage establishment permits, use permits, building permits, business licenses and other applicable approvals, licenses, permits or other entitlements for the establishment, expansion and/or relocation of any massage establishment in the City of Tustin for a period of forty-five (45) days ("Moratorium"). On December 2, 2014 the City Council approved Interim Urgency Ordinance No. 1452, extending the effective term of the Moratorium for ten (10) months and fifteen days. Pursuant to Government Code Section 65858, the Moratorium may now be extended for an additional period of one (1) year. The additional extension is necessary to provide City Council with sufficient time to consider and act on proposed amendments to the Land Use Code (Article 9 of the Tustin City Code) and the City's Business Regulations (Article 3 of the Tustin City Code) concerning the regulation of massage establishments and to prevent the establishment or expansion of massage establishments in the City prior to the effective date of such amendments. Recommendation: That the City Council: (1) adopt Interim Urgency Ordinance No. 1463 by at least a four-fifths vote, and (2) receive and file the written report describing the measures taken by the City to address the conditions which led to the adoption of the massage moratorium as required by Government Code Section 65858(d). ORDINANCE NO. 1463 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING FOR A PERIOD OF ONE YEAR THE EFFECTIVENESS OF INTERIM URGENCY ORDINANCE NO. 1452, PROHIBITING THE ESTABLISHMENT OR EXPANSION OF MASSAGE ESTABLISHMENTS (4/5ths Vote Required) 15. APPROVAL OF A RESOLUTION NO. 15-72 OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACTING AS THE LEGISLATIVE BODY OF THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TUSTIN City Council/Housing Authority October 6, 2015 Meeting Agenda Page 8 of 9 LEGACY/STANDARD PACIFIC) AUTHORIZING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND TAKING CERTAIN OTHER ACTIONS In May 2014, the City of Tustin as the fee title owner of 100% of the real property located in the Tustin Legacy Project (the "Project") received a written request from two of its Councilpersons to commence proceedings to form a community facilities district with boundaries coterminous with the Property to be known as the City of Tustin Community Facilities District (CFD) No. 2014-1 (Tustin Legacy/Standard Pacific). After a regularly scheduled public hearing and election, on June 17, 2014, CFD No. 2014-1 (Tustin Legacy/Standard Pacific) (the "District") was formed pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982 as amended to provide for financing of certain facilities and services in the Project that will be developed into 375 single family homes, a focal park, and other neighborhood amenities. In August 2014 the property was conveyed to Standard Pacific Corporation ("Standard Pacific") pursuant to the City's Development Disposition Agreement (the "DDA") with Standard Pacific dated as of March 4, 2014. On September 16, 2014 the City Council approved Resolution No. 14-60 authorizing the Issuance of Bonds. Since that time, the Project has been under construction and had its grand opening this summer. As of September 1, 2015, 123 units (in addition to the completed twelve models) are under construction and 112 units are subject to contract of sale with escrows beginning to close in November. Additionally, the City and Tustin Unified School District ("TUSD") approved a Joint Community Facilities Agreement ("JCFA") at their respective meetings in late August. Recommendation: That the City Council adopt Resolution No. 15-72, a Resolution of the City Council of the City of Tustin Acting as the Legislative Body of Community Facilities District No. 2014-1 (Tustin Legacy/Standard Pacific) Authorizing the Preparation and Distribution of a Preliminary Official Statement ("POS") and taking certain other actions. RESOLUTION NO. 15-72 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACTING AS THE LEGISLATIVE BODY OF THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TUSTIN LEGACY/STANDARD PACIFIC) AUTHORIZING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, October 20, 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/Housing Authority October 6, 2015 Meeting Agenda Page 9 of 9