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Home My WebLink About00 CC AGENDA 10.3.17 CITY OF TUSTIN REGULAR October 3, 2017 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN 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 5:30 P.M. CALL TO ORDER — Meeting #2420 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: 1 . CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): 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. (Two Cases) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (Two Cases) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (Two Cases) A. Property 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, Address/Description 30, 31 , 32, 33, 61, 62, 63, 64, 65, 66, 67, 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 B. Property 500-141-09 and 500-141-10 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Irvine Asset Group, LLC Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUHTORITY 7:00 P.M. CALL TO ORDER — Meeting #2420 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS — 0 2017 Boys State Program o Dr. Charles P. Tozzer, Founder Dental Care for Children: Tustin Dental Clinic City Council October 3, 2017 Meeting Agenda Page 2 of 7 o Update on the School Facilities Development at the Legacy by Tustin Unified School District 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 9) 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 SEPTEMBER 19, 2017 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on September 19, 2017. 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 $720,636.24; and Demands in the amount of$3,852,257.95. 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the second quarter of 2017. 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 City Council October 3, 2017 Meeting Agenda Page 3 of 7 during this second quarter reporting period. Average noise levels during the second 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. AGREEMENT WITH THE COUNTY OF ORANGE FOR POINT OF DISPENSING SITE SERVICES The Orange County Health Care Agency (HCA) is responsible for the Cities Readiness program. This includes supporting Point of Dispensing (POD) operations for possible epidemic and pandemic incidents. This agreement will enable the HCA to continue to provide material and program support to the City. Recommendation: That the City Council approve the Agreement with the County of Orange for the Provision of Point of Dispensing Site Services and authorize the Mayor and City Clerk to execute the contract documents. 6. AGREEMENT WITH ASHBRITT, INC. TO PROVIDE DISASTER-RELATED DEBRIS MANAGEMENT AND RECOVERY SERVICES Ashbritt, Inc. (Ashbritt) is a national company that provides support services to public agencies during and after disasters. The County of Orange (County) has contracted with Ashbritt and is making the contract available to local agencies. City Council approval is requested to indemnify the County of Orange in the event the City utilizes the Ashbritt, Inc. contract. Recommendation: That the City Council approve the Agreement with Ashbritt and authorize the City Manager to execute the County of Orange Indemnification Supplement Agreement for Contract Number MA-080-7010431 with Ashbritt, Inc. for Disaster-Related Debris Management Services. 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE PARK AVENUE IMPROVEMENTS FROM TUSTIN RANCH ROAD TO WARNER AVENUE CONSTRUCTION PROJECT (CIP NO. 70233) WITHIN THE DISTRICT The plans and specifications for the Park Avenue Improvements from Tustin Ranch Road to Warner Avenue Construction Project (CIP No. 70233) within The District have been prepared and the project is ready to be bid. Recommendation: That the City Council: 1 . Adopt Resolution No. 17-17 approving the plans and specifications for the Park Avenue Improvements Construction Project (CIP No. 70233); and 2. Authorize the City Clerk to advertise to receive bids. City Council October 3, 2017 Meeting Agenda Page 4 of 7 RESOLUTION NO. 17-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR PARK AVENUE IMPROVEMENTS FROM TUSTIN RANCH ROAD TO WARNER AVENUE CONSTRUCTION PROJECT (CIP NO. 70233) AND AUTHORIZING ADVERTISEMENT FOR BIDS 8. APPROVE REIMBURSEMENT AGREEMENT OCSD CONTRACT NO. 7-37 (IN LIEU STREET WORK) WITH THE ORANGE COUNTY SANITATION DISTRICT FOR THE CONSTRUCTION OF A PORTION OF THE GISLER RED HILL SYSTEM IMPROVEMENTS Reimbursement Agreement OCSD Contract No. 7-37 (In Lieu Street Work) between the City of Tustin and the Orange County Sanitation District (OCSD) dated September 27, 2017 establishes terms and conditions under which OCSD would provide funds for the City's contractor to construct certain final paving and miscellaneous street improvement elements of the OCSD Project ("Street Work") that are associated with the City's Red Hill Avenue Widening and Median Improvements project (CIP Nos. 70197, 70226 & 70227) ("City Project"). Recommendation: That the City Council approve Reimbursement Agreement OCSD Contract No. 7-37 (In Lieu Street Work) with OCSD and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. 9. APPROVAL OF PRE-QUALIFICATION PACKGE FOR CONSTRUCTION OF THE TUSTIN EMERGENCY OPERATION CENTER AND CORPORATION YARD PROJECT Staff has prepared a Pre-Qualification Package for construction of the Emergency Operation Center and Corporation Yard project. The package includes a standard questionnaire and financial statement, a uniform system of rating bidders based upon objective criteria, and an appeal procedure which will allow a contractor to appeal decisions that they are not qualified to bid on this project. Recommendation: That the City Council approve the Pre-Qualification Package for construction of the Emergency Operation Center and Corporation Yard project. PUBLIC HEARING ITEMS 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 Items 10-11) City Council October 3, 2017 Meeting Agenda Page 5 of 7 10. AMENDMENT TO THE 2015-16 AND 2016-17 ACTION PLANS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Recommendation: That the City Council adopt Resolution No. 17-48 amending the Action Plans for Program Years 2015-16 and 2016-17 to transfer funds to Community Development Block Grant (CDBG) projects that can be immediately implemented during the current 2017-18 Program Year. RESOLUTION NO. 17-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENTS TO THE CITY'S 2015-16 AND 2016-17 ACTION PLANS FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BY REALLOCATING FUNDS TO THE SENIOR CENTER ALTERNATE POWER SOURCE IMPROVEMENTS PROJECT AND AUTHORIZING SUBMISSION OF THE AMENDMENTS TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 11. CODE AMENDMENT 2017-006 (ORDINANCE NO. 1484), INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING Code Amendment 2017-006 proposes to amend Article 9 (Land Use) Chapter 1 of the Tustin City Code, related to Incentives for the Development of Affordable Housing to comply with recent updates of State law. On September 12, 2017, the Planning Commission adopted Resolution No. 4348, recommending that the Tustin City Council adopt Ordinance No. 1484. (Code Amendment 2017-006) (Applicant: City of Tustin) Recommendation: That the City Council introduce and have first reading of Ordinance No. 1484, (Code Amendment (CA) 2017-006) by amending Article 9 Chapter 1 , in its entirety, relating to Incentives for the Development of Affordable Housing (Density Bonus); and set a second reading for the next City Council meeting. ORDINANCE NO. 1484 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE ARTICLE 9, CHAPTER 1 , IN ITS ENTIRETY RELATING TO INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 12-13) City Council October 3, 2017 Meeting Agenda Page 6 of 7 12. AWARD CONTRACT FOR THE VETERANS SPORTS PARK AT TUSTIN LEGACY GRADING PROJECT, CIP NO. 20043 Staff is recommending that the City Council award the construction contract for the Veterans Sports Park at Tustin Legacy Grading Project, CIP No. 20043 to the lowest responsive/responsible bidder, Sukut Construction, LLC. Recommendation: It is recommended that the City Council award the construction contract for the Veterans Sports Park at Tustin Legacy Grading Project, CIP No. 20043 to the lowest responsive/responsible bidder, Sukut Construction, LLC, in the amount of$ 3,296,820.25 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 13. ORDINANCE REGULATING SMOKING AND USE OF ELECTRONIC CIGARETTES IN PUBLIC PLACES Currently, the Tustin City Code only regulates smoking in enclosed public places. Neither the City's smoking regulations, nor the City's park regulations prohibit smoking outdoors in public parks. Additionally, the Tustin City Code does not address the use of electronic cigarettes in any manner. The attached Ordinance 1485 would, if adopted, expand upon the City's current smoking and park regulations to clarify that smoking is prohibited in public parks. Additionally, if adopted, the proposed ordinance would clarify that use of electronic cigarettes and similar devices is prohibited in all areas of the City where smoking is prohibited. Recommendation: That the City Council conduct the first reading by title only of Ordinance 1485 and direct staff to schedule the Ordinance for second reading and adoption at the next regular meeting of the Council. ORDINANCE NO. 1485 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 2, CHAPTER 1 OF ARTICLE 4 OF THE TUSTIN CITY CODE REGARDING THE REGULATION OF SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT AND CITY-OWNED, OPERATED OR LEASED FACILITIES, AND SECTION 7112 OF CHAPTER 1 OF ARTICLE 7 OF THE TUSTIN CITY CODE REGARDING PROHIBITED ACTIVITIES IN PARKS. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, October 17, 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 October 3, 2017 Meeting Agenda Page 7 of 7