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Home My WebLink About00 CC AGENDA 7.16.19CITY OF TUSTIN REGULAR JULY 16, 2019 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN .tom Dr. Allan Bernstein, Mayor Pro Tem Matthew S. West, City Manager/ Letitia Clark, Council Member Charles E. Puckett, Mayor Acting City Treasurer Barry W. Cooper, Council Member Erica N. Yasuda, City Clerk Austin Lumbard, Council Member David E. Kendig, City Attorney CLOSED SESSION MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER — Meeting #2458 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: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) 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. 2. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to 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 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property Address/Description 430-252-05 Agency City of Tustin City Negotiators Matthew S. West, City Manager & Jerry Craig, Deputy Director of Economic Development Negotiating Parties OUTFRONT Media - Collin Smith, Vice President, National Real Estate Group Under Negotiation Price and Terms of Payment 5. LIABILITY CLAIMS — pursuant to Government Code § 54956.95: (1 case) A. Claim No. 19-17, Claim of Gary L. Chambers OBO Howard Subnick REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2458 INVOCATION - Captain Nesan Kistan, Salvation Army PLEDGE OF ALLEGIANCE — Mayor Pro Tem Bernstein PRESENTATIONS — o Recognition of Senior Management Assistant Julie Interrante for 35 Years of Service o Southern California Edison Wildfire Mitigation Plan - Kelley Lee, Government Relations Manager City Council July 16, 2019 Meeting Agenda Page 2 of 5 o Drowning Prevention Awareness Proclamation, Phil Johnson, Division IV Chief, Orange County Fire Authority o Wildfire Awareness Proclamation, Phil Johnson, Division IV Chief, Orange County Fire Authority CLOSED SESSION REPORT — City Attorney David E. Kendig 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 6) 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 — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 2, 2019. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on July 2, 2019. 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: It is recommended that the City Council approve Payroll in the amount of $831,782.70 and Demands in the amount of $8,815,663.21. 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 2019. The average noise level measured at Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin Middle School on City Council July 16, 2019 Meeting Agenda Page 3 of 5 Beneta Way (Figure 1 ), remained fairly consistent with prior quarters during this first quarter reporting period. Average noise levels during the first quarter continued to remain 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. SECOND READING AND ADOPTION OF ORDINANCE NO. 1501 Adoption of Ordinance No. 1501 approves Development Agreement 2018-00001 between the City of Tustin and SchoolsFirst Federal Credit Union to facilitate the development of an office campus facility with a 180,000 square foot office building, a 5,000 square foot retail bank branch building and four (4) level parking structure. Recommendation: Have second reading by title only and adoption of Ordinance No. 1501. ORDINANCE NO. 1501 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT 2018-00001 BETWEEN THE CITY OF TUSTIN AND SCHOOLSFIRST FEDERAL CREDIT UNION TO FACILITATE THE DEVELOPMENT OF AN OFFICE CAMPUS FACILITY WITH A 180,000 SQUARE FOOT OFFICE BUILDING, A 5,000 SQUARE FOOT RETAIL BANK BRANCH BUILDING, FOUR (4) LEVEL PARKING STRUCTURE AND ASSOCIATED SITE IMPROVEMENTS WITHIN PLANNING AREAS 7, 9, 11 AND 14 OF THE PACIFIC CENTER EAST SPECIFIC PLAN 6. EXPENDITURE OF PROCEEDS FROM THE 2019 TUSTIN STREET FAIR & CHILI COOK -OFF FOR PUBLIC PURPOSE For the past 34 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 2019, the organizations selected to receive these funds for public purpose are the Tustin American Legion Post 227 and nine additional groups. Recommendation: It is recommended that City Council authorize the expenditure for public purposes of $20,000 in surplus proceeds from the 2019 Tustin Street Fair & Chili Cook -off to ten local non-profit organizations for their community service. PUBLIC HEARING ITEM 7 7. 2019 PUBLIC HEALTH GOALS REPORT The California Health and Safety Code requires public water systems serving more than 10,000 service connections to prepare a Public Health Goal (PHG) report every City Council July 16, 2019 Meeting Agenda Page 4 of 5 three years and conduct a public hearing to provide information to consumers on levels of contaminants in the City's drinking water. For the 2016-2018 reporting period, the City's drinking water quality compiled with all California Division of Drinking Water (DDW), and United States Environmental Protection Agency (USEPA) drinking water standards. Although PHGs are recommended targets and not enforceable standards, the City's water system exceeded the PHGs for arsenic, bromate, coliform bacteria, lead, copper, gross alpha and beta particle activity, and uranium. It is important to note, all water samples that reported above the PHGs, also reported below the state and federal maximum contaminant levels (MCL), and the City's water system remains in full compliance with all state and federal water quality standards. Recommendation: It is recommended that the City Council take the following actions: 1. Conduct a public hearing to accept and respond to public comments on the 2019 Public Health Goal Report. 2. At the conclusion of the public hearing, approve the 2019 Public Health Goal Report. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, August 20, 2019 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 16, 2019 Meeting Agenda Page 5 of 5