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HomeMy WebLinkAbout00 CC AGENDA 1.5.16 CITY OF TUSTIN REGULAR JANUARY 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 Pamela Arends-King, City Treasurer CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2382 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: 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 a. Successor Agency to the Tustin Redevelopment Agency, et al. v. 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. Michael Cohen: Sacramento Superior Court Case No. 34-2015-80002046 CU-WM-GDS REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2382 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 — ❖ City of Tustin High School Film Festival — 1St Place Winner "Seeing Red" by Filmmaker Jaxon Schriever ❖ Pedro Bahena ❖ Mayor Nielsen's Goals 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 8) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA City Council/Housing Authority January 5, 2016 Meeting Agenda Page 2 of 2 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 AND HOUSING AUTHORITY HELD ON DECEMBER 15, 2015. Recommendation: That the City Council and Housing Authority approve the Action Minutes of the Regular Meeting of the City Council held on December 15, 2015. 3. APPROVAL OF DEMANDS AND RATIFICATION OF 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 $683,126.43 and Demands in the amount of$1 ,176,253.24. 4. JUDICIAL FORECLOSURE FOR PARCEL LOCATED WITHIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) Approval by the City of Tustin is requested to authorize judicial foreclosure of delinquent special taxes, including penalties, and interest in Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) ("CFD 06-1") Recommendation: That the City Council adopt Resolution No. 16-05. RESOLUTION NO. 16-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES), ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1992, AND ORDERING THAT THE TAX COLLECTOR BE CREDITED WITH THOSE SPECIAL TAXES, AND AUTHORIZING RELATED ACTIONS 5. TUSTIN RESPONSE TO DRAFT INITIAL STUDY/ENVIRONMENTAL ASSESSMENT FOR THE SR-55 WIDENING PROJECT (1-405 TO 1-5) Tustin City Council concurrence is requested for the City of Tustin's (the City) response to the Draft Initial Study/Environmental Assessment (IS/EA) for the State Route 55 (SR-55) Improvement Project between Interstate 405 (1-405) City Council/Housing Authority January 5, 2016 Meeting Agenda Page 3 of 3 and Interstate 5 (1-5). The proposed project would widen a four (4) mile segment of SR-55 in both directions. The purpose of the proposed project is to provide congestion relief, improve traffic flow, and increase mobility on SR-55. Recommendation: That the City Council direct staff to forward the response letter included in the agenda packet to the California Department of Transportation (Caltrans). 6. INVESTMENT SUBCOMMITTEE STIPEND On a monthly basis, two members of the Audit Commission meet as the Investment Subcommittee with the Finance Director/City Treasurer to review the monthly investment activities and investment strategies. The Audit Commission is requesting a $50 stipend to each Investment Subcommittee member for every monthly meeting attended. Recommendation: That the City Council approve the $50 stipend for each monthly meeting the Investment Subcommittee members attend. 7. APPOINTMENT OF CITY TREASURER Due to the resignation of Finance Director/City Treasurer Pamela Arends-King, the City Manager requested the City Council continue this item at our last meeting to allow the City Manager to bring back a revised recommendation. Recommendation: That the City Council accept the City Manager's recommendation to continue to re-appoint the Finance Director as the City Treasurer. However, given that this position will be filled at an interim capacity in the near future, the recommendation is to appoint the City Manager as Treasurer until such time that the permanent city Finance Director is appointed. As City Treasurer, the City Manager shall be responsible for investing City funds in accordance with the City's Investment Policy that is adopted by the City Council annually. 8. WATER CONSERVATION UPDATE - NOVEMBER 2015 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 is meeting the required 28% 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 November 2015 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. City Council/Housing Authority January 5, 2016 Meeting Agenda Page 4 of 4 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 9-10) 9. AUTHORIZATION TO SUBMIT APPLICATION FOR FTA EXPANDED 5310 PROJECTS GRANT FOR ENHANCED MOBILITY OF SENIOR CITIZENS The Parks and Recreation Services Department is seeking authorization to submit an application to the California Department of Transportation for Federal Transit Administration (FTA) Section 5310 Elderly and Disabled Specialized Transportation Program funds. Recommendation: Due to the holidays and to allow sufficient time for the public to be informed, staff re-noticed the public hearing on December 18, 2015 to be held on January 19, 2016 and is recommending that the City Council continue this item to the January 19, 2016 City Council meeting. 10. CODE AMENDMENT 2015-005 AND AMENDMENTS TO ARTICLE 3 OF THE TUSTIN CITY CODE (ORDINANCE NO. 1466) - MEDICAL MARIJUANA Draft Ordinance No. 1466 consists of proposed amendments to the Tustin City Code (TCC) that would expressly prohibit the establishment and operation of marijuana cultivation, processing, delivery, and distribution activities within the City. On December 8, 2015, the Planning Commission adopted Resolution No. 4307, recommending that the Tustin City Council adopt Ordinance No. 1466. (Applicant: City of Tustin) Recommendation: That the City Council introduce and read by title only Ordinance No. 1466 amending TCC Sections 9270c and 9297 and amendments to Article 3 of the TCC (General Business Regulations) to expressly prohibit marijuana cultivation, processing, delivery, and distribution within the City, and set a second reading for the next City Council meeting. ORDINANCE NO. 1466 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTIONS 9270C AND 9297 TO EXPRESSLY PROHIBIT MARIJUANA CULTIVATION, PROCESSING, DELIVERY, AND DISTRIBUTION IN ALL ZONING DISTRICTS. City Council/Housing Authority January 5, 2016 Meeting Agenda Page 5 of 5 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 11-13) 11. 2016 MAYORAL APPOINTMENTS TO COMMITTEES Annually, following selection of the Mayor, the Mayor appoints those members of the City Council who will serve on various City and Regional committees. Recommendation: 1 . Confirm the attached appointments as recommended by the Mayor; and 2. Adopt FPPC Form 806: Agency Report of Public Official Appointments and direct staff to post on the City's website. 12. 2016 COMMISSION VACANCIES Due to term expirations, staff is requesting that the City Council set a date and time to conduct interviews to fill vacancies on the Planning Commission and Community Services Commission. Recommendation: Pleasure of the City Council. 13. CONSULTANT SERVICES AGREEMENT WITH AON RISK INSURANCE SERVICES WEST, INC. FOR SOLICITATION OF ENVIRONMENTAL INSURANCE COVERING CERTAIN PROPERTIES AT TUSTIN LEGACY Request for authorization to execute a Consultant Services Agreement with Aon Risk Insurance Services West, Inc. for the purposes of marketing and soliciting proposals for environmental insurance for properties at Tustin Legacy. Recommendation: That the City Council authorize the City Manager to execute a Consultant Services Agreement with Aon Risk Services for the purpose of marking and soliciting proposals for environmental insurance covering properties at Tustin Legacy. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, January 19, 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. City Council/Housing Authority January 5, 2016 Meeting Agenda Page 6 of 6