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Home My WebLink About00 CC AGENDA 7.05.16 CITY OF TUSTIN REGULAR JULY 5, 2016 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND TUSTIN HOUSING AUTHORITY 300 CENTENNIAL WAY, TUSTIN Dr. Allan Bernstein, Mayor Pro Tem Jeffrey C. Parker, City Manager Rebecca Gomez, Councilmember John Nielsen, Mayor David E. Kendig, City Attorney Al Murray, Councilmember Erica N. Rabe, City Clerk Charles E. Puckett, Councilmember Jeffrey C. Parker, City Treasurer CLOSED SESSION MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 5:30 P.M. CALL TO ORDER— Meeting #2394 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: DESIGNATION OF LABOR NEGOTIATOR 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 [Government Code § 54956.9(a)] — One Case 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. A. Successor Agency to the Tustin Redevelopment Agency, et al. v. Michael Cohen: Sacramento Superior Court Case No. 34-2015-80002046 CU-WM- GDS 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Three Cases A. Property Tustin Legacy Disposition Package 1C to include Address/Description Lots 1, X and Y of Tract Map 17404 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Regency Centers, John Meehigan Under Negotiation Price and Terms of Payment B. Property 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, Address/Description 29, 30, 31, 32, 33, 61, 62, 63, 64, 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 OliverMcMillan Tustin Legacy Inc. Under Negotiation Price and Terms of Payment C. Property 140 S. A Street, APN 401-361-03 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker — City Manager, Jerry Craig — Economic Development & Housing Manager Negotiating Parties Sharon Ellis — President/CEO, Habitat for Humanity, Mark Korando — Senior Vice President, Habitat for Humanity Under Negotiation Price and Terms of Payment 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Government Code § 54957] — One Case a. Title: City Manager 6. CONFERENCE WITH LABOR NEGOTIATOR [Government Code § 54957.6] — a. Unrepresented employee: City Manager Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources City Council July 5, 2016 Meeting Agenda Page 2 of 8 REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER— Meeting #2394 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 — o Boys and Girls Club: Youth Development Professional Dawn Schultz o Orange County Human Relations Council, Dr. Gurpreet Singh Ahuja o Police Officer Knostman o Wishing Well 40th Anniversary 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 7) 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 City Council July 5, 2016 Meeting Agenda Page 3 of 8 waived. 2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY HELD ON JUNE 21, 2016 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council and Tustin Housing Authority held on June 21, 2016. 3. RATIFICATION OF DEMANDS - 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 $704,841.39 and Demands in the amount of $1,957,304.24. 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 2016. 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. 5. AUTHORIZE CONSULTANT SERVICES AGREEMENT FOR DESIGN AND ENVIRONMENTAL SERVICES FOR THE PARK AVENUE IMPROVEMENT PROJECT (CIP 70233) Authorization is requested to enter into a Consultant Services Agreement (CSA) with Michael Baker International for design and environmental services for the Park Avenue Improvement Project (CIP 70233). Recommendation: Authorize staff to enter into a Consultant Services Agreement with Michael Baker International for design and environmental services in an amount not to exceed $280,000 to cover professional services in the amount of $241,920 and a 15% design contingency. City Council July 5, 2016 Meeting Agenda Page 4 of 8 6. APPROVE AMENDMENT NO. 1 TO AN AGREEMENT FOR TREE MAINTENANCE SERVICES BETWEEN THE CITY OF TUSTIN AND WEST COAST ARBORISTS, INC. Staff recommends that the City Council approve a contract amendment to the Urban Forestry Management Contract with West Coast Arborists, Inc. (WCA). The amendment includes an increase of 31% to adjust for a Department of Industrial Relations (DIR) ruling that increases the prevailing wage for the classifications employed by WCA. The current contract is for $502,161 and the amendment will set the limit at $657,831. Recommendation: That the City Council approve contract Amendment No. 1 with West Coast Arborists, Inc. to adjust the fee schedule and authorize the Mayor to execute the contract amendment, subject to the City Attorney's approval. 7. FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WITH 1C TUSTIN LEGACY, LLC (AKA REGENCY). First Amendment to the Disposition and Development Agreement (DDA) with 1 C Tustin Legacy, LLC (aka Regency). The DDA for Parcel 1 C was approved by the City Council on October 20, 2015. This amendment will change the parties to whom the healthcare portion of the site is transferred. No changes are proposed for type of development, as previously approved, for either the retail portion of the site or the healthcare portion of the site. Recommendation: Authorize the City Manager to execute the First Amendment to the Disposition and Development Agreement with 1 C Tustin Legacy, LLC subject to any non-substantive modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney 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 8) 8. 2016 PUBLIC HEALTH GOALS (PHGs) REPORT The California Health and Safety Code requires that operators of large water utility systems periodically prepare a report and conduct a public hearing regarding the health of the water supplied to customers. For the 2013-2015 reporting period, the drinking water quality of the City of Tustin Water Services City Council July 5, 2016 Meeting Agenda Page 5 of 8 complied with all California Department of Public Health and USEPA drinking water standards. While Tustin's water system exceeded the public health goals (PHG) for arsenic, uranium, coliform bacteria, lead, and copper, these levels remained below the EPA's action levels and the City remains in overall compliance with all regulatory water quality standards and no additional treatment programs are required. Recommendation: That the City Council: 1. Conduct a public hearing to accept and respond to public comments on the 2016 Public Health Goal Report; and 2. At the conclusion of the public hearing, approve the 2016 Public Health Goal Report. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 9-13) 9. POLICE DEPARTMENT WORKFORCE ASSESSMENT As part of the Police Department's CALEA accreditation process, a workforce assessment must be conducted at least triennially. The allocation of personnel based on the workforce assessment will have significant influence on the efficiency and effectiveness of the Police Department. Through the RFP process, the company of Hillard Heintze was selected to conduct the workforce assessment. Recommendation: That the City Council: 1. Appropriate $75,000.00 from the General Fund reserves for the assessment of every position in the Police Department, and 2. Authorize the hiring of Hillard Heintze to conduct a workforce assessment for the Police Department. 10. FIRST READING OF ORDINANCE NO. 1468 TO AMEND CITY CODE SECTION 5331N BY ESTABLISHING PREFERENTIAL PERMIT ONLY PARKING ON CARFAX DRIVE, CHARLOMA DRIVE, DEL AMO AVENUE, DRAYTON AVENUE AND MEAR LANE. Residents on Charloma Drive and on Drayton Avenue expressed concerns regarding overnight parking of non-resident vehicles on streets, along with associated trash and undesirable nighttime activities. In order to mitigate these City Council July 5, 2016 Meeting Agenda Page 6 of 8 issues, the residents requested permit parking. Early morning parking surveys were performed on these streets as well as on the nearby streets of Carfax Drive, Del Amo Avenue and Mear Lane to determine parking impacts. These five streets comprise the study area determined by staff whereby overflow multi- family parking is currently causing impacts and where additional parking impacts are anticipated to relocate. The parking surveys resulted in parking impacts by non-residents on Carfax Drive, Charloma Drive, Del Amo Avenue, Drayton Avenue and Mear Lane. In addition, City Staff mailed letters informing the residents in the study area about the permit parking requests, soliciting their input and that the permit parking item would be taken to the City Council in the near future. Recommendation: That the City Council introduce and have the first reading of Ordinance No. 1468 to establish preferential permit only parking on Carfax Drive, Charloma Drive, Del Amo Avenue, Drayton Avenue and Mear Lane, and set the second reading for the Council's next scheduled meeting. ORDINANCE NO. 1468 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 11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1467 Ordinance No. 1467 amends Tustin City Code (TCC) amends Section 3713 (Part 1 of Chapter 6 of Article 3) of the Tustin City Code. Currently, Section 3713 provides that massage establishment permits must be renewed annually by January 31 of each calendar year. The proposed ordinance would shift the annual renewal date to June 30 to reduce staff workload during the regular Business License renewal period at the close of the calendar year. Additionally, to facilitate this transition from calendar-year to fiscal-year massage establishment permit renewals, the proposed ordinance would extend the expiration date of current massage establishment permits issued on or after January 31, 2016 by five months. Recommendation: Have second reading by title only and adoption of Ordinance No. 1467 (roll call vote). ORDINANCE NO. 1467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 3713 OF THE CITY CODE REGARDING THE TERM OF MASSAGE ESTABLISHMENT PERMITS 12. WATER CONSERVATION UPDATE — MAY 2016 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 Council July 5, 2016 Meeting Agenda Page 7 of 8 City is meeting the required 21% 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 May 2016 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. 13. DISPOSITION AND DEVELOPMENT AGREEMENT WITH HABITAT FOR HUMANITY FOR 140 S. A STREET Request for approval to enter into a Disposition and Development Agreement (DDA) between the City of Tustin (City), Tustin Housing Authority (Housing Authority) and Habitat for Humanity of Orange County, Inc., (Developer) for 140 S A Street. The Developer will build two (2) affordable units to be sold to income-eligible Veterans. Recommendation: Authorize the City Manager and Housing Authority Executive Director to execute the DDA between the City, Housing Authority and Habitat for Humanity of Orange County, Inc., subject to any non-substantive modifications as may be deemed necessary and/or recommended by the City Attorney and approved by the City Manager/Executive Director. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, August 2, 2016 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. At the June 21, 2016, due to a lack of quorum, the City Council cancelled the Regular scheduled meeting on July 19, 2016. City Council July 5, 2016 Meeting Agenda Page 8 of 8