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Home My WebLink About00 CC AGENDA 7.3.18 CITY OF TUSTIN REGULAR JULY 3, 2018 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Rebecca Gomez, Mayor Pro Tem Jeffrey C. Parker, City Manager/ Dr. Allan Bernstein, Councilmember Al Murray, Mayor City Treasurer Charles E. Puckett, Councilmember Erica N. Yasuda, City Clerk Letitia Clark, Councilmember David E. Kendig, City Attorney CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2437 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): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation 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. of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. LABOR NEGOTIATIONS — [Government Code § 54957.6]: Agency Derick Yasuda, Director of Human Resources and Peter Negotiators: Brown, Liebert Cassidy Whitmore Employee Tustin Municipal Employees Association (TMEA) Organization: Employee Tustin Police Officers Association—Management Unit (TPMA) Organization: Employee Tustin Police Officers Association—Officer Unit (TPOA) Organization: Employee Tustin Police Support Services Management Association Organization: (TPSSMA) Employee Tustin Police Support Service Association (TPSSA) Organization: Employee Unrepresented Confidential Employees Organization: Employee Unrepresented Supervisory Employees Organization: Employee Unrepresented Executive Management and Management Organization: Employees Employee Unrepresented Part-Time Employees Organization: 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code § 54956.9(a)] — (1 case) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE City Council July 3, 2018 Meeting Agenda Page 2 of 8 • A MEETING OF THE TUSTIN CITY COUNCIL, A MEETING OF THE TUSTIN CITY COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REDEVELOPMENT AGENCY FOR THE MCAS TUSTIN, AND A MEETING OF THE TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2437 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS — o Dr. Gurpreet Ahuja, Orange County Human Relations 0 2018 Miss Tustin and Court o Gem of Tustin: Don Ropele o Chili Cook-Off Recognition: Donna Marsh Peery and Vanessa Osborn 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 10) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA City Council July 3, 2018 Meeting Agenda Page 3 of 8 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 JUNE 19, 2018. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on June 19, 2018. 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 $848,375.00; and Demands in the amount of$7,630,129.90. 4. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2018-2019 In order to maintain eligibility for funding under the Orange County Measure M2 Program, the City is required to annually submit a compliance package to the Orange County Transportation Authority (OCTA). Recommendation: That the City Council take the following actions: 1 . Adopt the attached Measure M2 Seven-Year Capital Improvement Program (Fiscal Year 2018-2019 through Fiscal Year 2024-2025); and 2. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M2 eligibility package to the Orange County Transportation Authority. 5. FY2017 URBAN AREA SECURITY INITIATIVE (UASI) GRANT The City of Santa Ana, in its capacity as a Core City for the Anaheim/Santa Ana Urban Area, has applied for, received and accepted a grant entitled "FY 2017 Urban Areas Security Initiative" (UASI). This grant is from the Federal Department of Homeland Security, Federal Emergency Management Agency, through the State of California Emergency Management Agency. It is intended to enhance countywide emergency preparedness, and to help the Operational Area prevent, respond to, and recover from acts of terrorism, as set forth in the grant guidelines and assurances that are incorporated into the Agreement by reference. City Council July 3, 2018 Meeting Agenda Page 4 of 8 The Office of Grants and Training has awarded $4,344,000.00 to the City of Santa Ana for use in the Anaheim/Santa Ana Urban Area, for the term of March 28, 2018, through March 31 , 2020. The funds are now available for distribution throughout the Operational Area, and the City of Tustin, as a Sub-Recipient, is authorized to participate in the grant funding. Recommendation: That the City Council: 1 . Adopt Resolution 18-44, designating the Chief of Police or his designee as the City's authorized representative for the FY 2017 UASI grant. 2. Approve the FY 2017 UASI Transfer Agreement between the City of Santa Ana and the City of Tustin. RESOLUTION NO. 18-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY'S AUTHORIZED REPRESENTATIVE FOR THE FY 2017 URBAN AREAS SECURITY INITIATIVE (UASI) 6. FIFTH AMENDMENT TO THE RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND NATIONAL OFFICE LIQUIDATORS, INC. FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE Approval is requested to amend the Rental Agreement between the City and National Office Liquidators, Inc. (Tenant), for a City-owned property located at 15171 Del Amo Avenue. Recommendation: The City Council authorize the City Manager to execute the Fifth Amendment to the Rental Agreement with National Office Liquidators, Inc. in a form substantially consistent with the attachment and support the finding that the amended Rental Agreement is at market value and no further policy directions, as outlined in Tustin City Code Section 7960(B), are required. 7. FIRST AMENDMENT TO THE RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND KYA SERVICES, LLC FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE Approval is requested to amend the Rental Agreement between the City and Kya Services, LLC (Tenant), for City-owned property located at 15171 Del Amo Avenue. Recommendation: The City Council authorize the City Manager to execute the First Amendment to the Rental Agreement with Kya Services, LLC in a form substantially consistent with the attachment and support the finding that the Rental Agreement is at market value and no further policy directions, as outlined in Tustin City Code Section 7960(B), are required. City Council July 3, 2018 Meeting Agenda Page 5 of 8 8. EXPENDITURE OF PROCEEDS FROM THE 2018 TUSTIN STREET FAIR & CHILI COOK-OFF FOR PUBLIC PURPOSE For the past 33 years, a portion of the proceeds from the Tustin Street Fair & Chili Cook-off have been distributed to local non-profit organizations in exchange for supplying volunteers to serve and contribute to the event and benefit the public throughout the year. For 2018, the organizations selected to receive these funds for public purpose are the Boys and Girls Clubs of Tustin and 11 additional groups. Recommendation: That City Council authorize the expenditure for public purposes of$24,000 in surplus proceeds from the 2018 Tustin Street Fair & Chili Cook-off to 11 local non-profit organizations for their community service. 9. EXTENDING THE TERM OF THE PROJECT POSITION OF PUBLIC WORKS MANAGER Adoption of the attached Resolution will extend the term of the project position of Public Works Manager by five (5) years. Recommendation: That the City Council adopt Resolution No. 18-46 to extend the term of the project position of Public Works Manager by five (5) years. RESOLUTION NO. 18-46 A RESOLUTION OF THE CITY COUNCIL OF TUSTIN, CALIFORNIA, EXTENDING THE TERM OF THE PROJECT POSITION OF PUBLIC WORKS MANAGER 10. AUTHORIZE A CONTRACT CHANGE ORDER WITH SUKUT CONSTRUCTION, LLC FOR RELATED GRADING AND THE PLACEMENT OF SOIL STOCKPILES (SURCHARGE) FOR THE TWO BRIDGE APPROACHES REQUIRED FOR THE FUTURE TUSTIN RANCH ROAD PEDESTRIAN BRIDGE (CIP NO. 70243) AT MOFFETT DRIVE Staff is recommending that the City Council authorize a contract change order to Sukut Construction, LLC (Sukut), currently constructing the Moffett Drive (CIP No. 70230) and Legacy Road (CIP No. 70231) Extensions, for grading of the eastern pedestrian bridge pad and the soil stockpiles (surcharge) placement for both bridge approaches adjacent to Moffett Drive for the future Tustin Ranch Road Pedestrian Bridge (CIP No. 70243). Recommendation: That the City Council: 1 . Authorize a contract change order in the amount not to exceed $150,000 with Sukut Construction for the work necessary to complete the eastern City Council July 3, 2018 Meeting Agenda Page 6 of 8 pedestrian bridge pad grading and the surcharge stockpiles for both pedestrian bridge approaches based upon bid pricing for similar work under contract and mobilized for the Moffett Drive and Legacy Road extensions; and 2. Appropriate $150,000 utilizing budgeted MCAS Tustin Legacy Backbone Fee Program (Fund 187)funds as programmed in the adopted FY 2018/19 Capital Improvement Program for the Tustin Ranch Road Pedestrian Bridge (CIP No. 70243). PUBLIC HEARING ITEM — A Public Hearing Item provides Individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Item 11) 11. VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM ORDINANCE Ordinance No. 1491 proposes to add Chapter 9B to Article 9 (Land Use) of the Tustin City Code (TCC), establishing a Voluntary Workforce Housing Incentive Program. Recommendation: That the City Council: 1 . Open and, after public testimony, close the public hearing; and 2. Introduce and have the first reading by title only of the revised Ordinance No. 1491 C in the form attached as Exhibit C hereto, adding Chapter 9B to Article 9 Chapter 1, establishing a Voluntary Workforce Housing Incentive Program; and set a second reading for the next regular City Council meeting. ORDINANCE NO. 1491C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 9B TO ARTICLE 9 OF THE TUSTIN CITY CODE ESTABLISHING A VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM. REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 12-14) 12. SECOND READING AND ADOPTION OF ORDINANCE NO. 1497 Ordinance No. 1497 approves Zone Change (ZC)-2018-00002 including adoption of the Downtown Commercial Core Specific Plan (SP-12), amendment of the Tustin City Code, rescission of the First Street Specific Plan (SP-10) and certain planned communities, and, amendment of the City of Tustin Zoning Map. City Council July 3, 2018 Meeting Agenda Page 7 of 8 Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1497. ORDINANCE NO. 1497 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 2018-00002 INCLUDING ADOPTION OF THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP- 12), RELATED AMENDMENTS OF THE TUSTIN CITY CODE, RESCISSION OF THE FIRST STREET SPECIFIC PLAN (SP-10) AND CERTAIN PLANNED COMMUNITIES AND, AMENDMENT OF THE CITY OF TUSTIN ZONING MAP. 13. DESIGNATION OF VOTING DELEGATES AND ALTERNATES — LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SCHEDULED FOR SEPTEMBER 12-14, 2018 (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. 14. PRESERVE ESSENTIAL CITY SERVICES - CITY OF TUSTIN TRANSIENT OCCUPANCY TAX In order to preserve essential City services, increasing the City of Tustin's Transient Occupancy Tax ("TOT", or commonly referred to as the "hotel room tax") from 10% to 13% is presented to the City Council for consideration. Recommendation: That the City Council direct staff to prepare a Resolution for the July 17, 2018, City Council meeting that submits a ballot measure asking Tustin voters to consider increasing the TOT from 10% to 13%. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, July 17, 2018 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 July 3, 2018 Meeting Agenda Page 8 of 8