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Home My WebLink About00 CC AGENDA 6.6.17 CITY OF TUSTIN REGULAR JUNE 6, 2017 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER — 300 CENTENNIAL WAY, TUSTIN i Al Murray, Mayor Pro Tem Jeffrey C. Parker, City Manager Rebecca Gomez, Councilmember Dr. Allan Bernstein, Mayor David E. Kendig, City Attorney Charles E. Puckett, Councilmember Erica N. Rabe, City Clerk Letitia Clark, 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 #2413 ROLL CALL — City Clerk PUBLIC INPUT — Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION UPDATE — City Attorney David E. Kendig 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: WRITTEN MATERIALS — Materials that are distributed to a majority of the Council members, less than 72 hours prior to the Regular 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. AMERICANS WITH DISABILITIES ACT (ADA) - In compliance with the (ADA), those requiring accommodations for this meeting should notify the City Clerk's Office 72 hours prior to the meeting at (714) 573-3025. 1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION -Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4) regarding due process issues related to Pitchess motions 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Government Code § 54957] — One Case A.Title: City Manager 4. LIABILITY CLAIMS [Government Code § 54956.95] — One Case A. Claim No. 17-19; Claim of Shadow Canyon Condominium Association 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — (2 cases) A. Property A portion of lots 19, KKK, and LLL of Tract No. 17404 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & John Buchanan, Director of Economic Development/Acting Director of Finance Negotiating Parties Michael Battaglia, CalAtlantic Group, Inc. Under Negotiation Price and Terms of Payment B. Property 430-371-187 197 207 217 227 237 247 257 267 277 287 Address/Description 297 307 317 327 337 617 627 637 647 657 667 677 68 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & John Buchanan, Director of Economic Development/Acting Director of Finance Negotiating Parties OliverMcMillan Tustin Legacy Inc. Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY 7:00 P.M. City Council June 6, 2017 Meeting Agenda Page 2 of 8 CALL TO ORDER— Meeting #2413 INVOCATION — Councilmember Clark PLEDGE OF ALLEGIANCE — Mayor Pro Tem Murray CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS — o Gem of Tustin — Donna Marsh Peery o Recognition of Orange County Fire Authority Division Chief Randy Black and Introduction of Division Chief Andy Kovacs ORAL COMMUNICATION/PUBLIC INPUT — At this time, any member of the public may address the Council on matters which are not on this evening's agenda, provided the matter is within the subject matter jurisdiction of the City Council. 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 waived. 2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 16, 2017. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on May 16, 2017. City Council June 6, 2017 Meeting Agenda Page 3 of 8 3. RATIFICATION OF PAYROLL AND DEMANDS The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: That the City Council approve Payroll in the amount of $702,978.24 and $732,736.69; and Demands in the amount of $6,913,631.91. 4. ADOPT RESOLUTION NO. 17-20 ORDERING THE SUMMARY VACATION OF "OLD" DEL AMO AVENUE BETWEEN "NEW" NEWPORT AVENUE AND "NEW" DEL AMO AVENUE The Newport Avenue/SR-55 Ramp Reconfiguration Project (CIP No. 70130) realigned Del Amo Avenue, constructed Newport Avenue between Edinger Avenue and Valencia Avenue, and relocated the northbound on/off ramp to SR - 55. "Old" Del Amo Avenue is no longer needed as a street and can be vacated. Recommendation: That the City Council adopt Resolution No. 17-20 ordering the summary vacation of"Old" Del Amo Avenue between "New" Newport Avenue and "New" Del Amo Avenue. RESOLUTION NO. 17-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TO SUMMARILY VACATE AND ABANDON "OLD" DEL AMO AVENUE BETWEEN "NEW" NEWPORT AVENUE AND "NEW" DEL AMO AVENUE 5. FOURTH AMENDMENT TO CONTRACT WITH CR&R INCORPORATED FOR SOLID WASTE AND RECYCLING SERVICES CR&R Incorporated (CR&R) is the City's exclusive provider for solid waste and recycling services. The contract between the City and CR&R is set to expire on September 30, 2017. The City is preparing a Request for Proposals (RFP). CR&R has agreed to extend the current contract through September 30, 2018 to ensure the City has sufficient time to finalize the RFP, solicit and review proposals, and award a new contract. Recommendation: That the City Council: 1. Approve the Fourth Amendment to the Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and for the Collection, Transportation, Processing and Diversion of Recyclable Materials; and 2. Authorize the Mayor and City Clerk to execute the amendment on behalf of the City. City Council June 6, 2017 Meeting Agenda Page 4 of 8 6. ON-STREET PARKING IN OLD TOWN RESIDENTIAL AREA During the past several years, Old Town residents have expressed concerns about the impacts related to an increase to on-street parking in the Old Town residential area. Concerns were expressed at the various public workshops and public hearings held on the subject of second residential units in Old Town Tustin in 2013, 2014, and 2015, and when the Vintage residential project was considered and approved in 2016. To address these concerns, the City Council directed staff on September 15, 2015, and November 15, 2016, to take several actions including: the facilitation of permit parking requests; increased enforcement; an updated overnight vehicle count; a resident survey; a community workshop; meeting with apartment managers; studying potential parking impacts in conjunction with the proposed Downtown Commercial Core Plan; and outreach to the Tustin Acres community. The City Council also directed staff to report back with its findings and to recommend a strategy for the Council's consideration. This report summarizes: 1) the ongoing concerns related to on-street parking in the Old Town residential area; 2) the City's 2015 and 2016 Old Town on-street parking counts and findings; 3) public outreach undertaken to address the issue; and, 4) recommendations of additional actions for the Council's consideration. Recommendation: That the City,Council direct staff to take the following actions to address the issue of on—street parking in the Old Town residential area: 1. Mail a summary of a proposed Old Town residential area permit parking policy and a ballot/petition (Attachment A of the staff report) by certified mail to all owners of property within the Old Town residential parking study area (Attachment B of the staff report), including single and multiple family residential property owners; and, 2. Report back to the City Council with the results of the ballot/petition to provide the basis for a recommended strategy for Council consideration. 7. 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 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 fourth quarter reporting period. Average noise levels during the fourth quarter remained well below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. City Council June 6, 2017 Meeting Agenda Page 5 of 8 Recommendation: That the City Council receive and file this report. 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. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2017-2018 The Tustin Landscape and Lighting District Engineer's Report was completed and approved by the City Council at their May 2, 2017 meeting. At that meeting, the City Council declared its intention to levy annual assessments and set a public hearing for June 6, 2017. In order to levy the annual assessments, the City Council is required to conduct a public hearing and, provided there is no majority protest, adopt Resolution No. 17-24 confirming the annual assessments for Fiscal Year 2017-2018. Recommendation: That the City Council: 1. Conduct a public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2017-2018; and 2. Adopt Resolution No. 17-24 confirming the annual assessments for Fiscal Year 2017-2018. RESOLUTION NO. 17-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2017-2018 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 9-12) City Council June 6, 2017 Meeting Agenda Page 6 of 8 9. DESIGNATION OF VOTING DELEGATES AND ALTERNATES-LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SCHEDULED FOR SEPTEMBER 13-15,2017 (SACRAMENTO) In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Recommendation: Pleasure of the City Council. 10. LEGISLATIVE UPDATE Staff has prepared an update of proposed key legislative items. Recommendation: At the direction of the City Council. Please note with this legislative update that the Legislature has until Friday, June 2, to pass all bills out of the house that they were originally introduced in, known as the "House of Origin Deadline". During the week leading up to June 2, both the Assembly and the Senate will be voting on hundreds of pieces of legislation to advance those measures further down the legislative process. 11. ASSOCIATE MEMBERSHIP IN GOLDEN STATE FINANCE AUTHORITY AND RESOLUTIONS FOR PACE PROGRAM ELIGIBILITY Staff is presenting several items that will allow the City of Tustin to become an Associate Member of the Golden State Financing Authority (GSFA) and allow property owners in the City to participate in GSFA Property Assessed Clean Energy (PACE) programs. 1. Approve Associate Membership in Golden State Finance Authority; and, 2. Adopt Resolution No. 17-25, consenting to inclusion of properties within the City of Tustin's territory in the Golden State Finance Authority Community Facilities District No. 2014-1 (Clean Energy) to finance renewable energy generation, energy efficiency and water conservation improvements, electric vehicle charging infrastructure and other authorized improvements ("SB 555 PACE Program Resolution"); and, 3. Adopt Resolution No. 17-26, consenting to inclusion of properties within the City of Tustin's territory in the Golden State Finance Authority AB 811 PACE program to finance renewable energy improvements, energy efficiency and water conservation improvements, electric vehicle charging infrastructure and other authorized improvements ("AB 811 PACE Program Resolution"); and, City Council June 6, 2017 Meeting Agenda Page 7 of 8 4. Provide direction to staff on whether or not to return at a later date with the necessary resolutions to allow additional PACE program providers to operate in the City of Tustin. RESOLUTION NO. 17-25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE GOLDEN STATE FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2014-1 (CLEAN ENERGY) TO FINANCE RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY AND WATER CONSERVATION IMPROVEMENTS, ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, AND OTHER AUTHORIZED IMPROVEMENTS RESOLUTION NO. 17-26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE GOLDEN STATE FINANCE AUTHORITY PACE PROGRAM TO FINANCE RENEWABLE ENERGY GENERATION, ENERGY AND WATER EFFICIENCY IMPROVEMENTS, ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, AND OTHER AUTHORIZED IMPROVEMENTS 12. PROPOSED BIENNIAL PROGRAM AND FINANCIAL PLAN FOR THE FISCAL YEARS 2017-18 AND 2018-19 AND CAPITAL IMPROVEMENT PROGRAM This is the biennial budget for the City of Tustin for fiscal years 2017-18 and 2018- 19. The biennial budget process allows for longer term financial projects and focuses on program essentials to provide quality services to our community. Transmitted herewith are the proposed Biennial Program and Financial Plan and Capital Improvement Program for Fiscal Years 2017-18 and 2018-19. The Program and Financial Plan is the operating budget for all City services. The Capital Improvement Program includes projects for Fiscal Year 2017-18 and projects programmed for a seven-year period. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, June 20, 2017 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 June 6, 2017 Meeting Agenda Page 8 of 8