The URL can be used to link to this page

Home My WebLink About00 CC AGENDA 1.19.16CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Dr. Allan Bernstein, Mayor Pro Tem Rebecca Gomez, Councilmember Al Murray, Councilmember Charles E. Puckett, Councilmember JANUARY 19, 2016 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager John Nielsen, Mayor David E. Kendig, City Attorney Erica N. Rabe, City Clerk Jeffrey C. Parker, City Treasurer CLOSED SESSION MEETING OF THE CITY COUNCIL 67W1111111 :A iv, I CALL TO ORDER — Meeting #2383 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. THREAT TO PUBLIC SERVICES OR FACILITIES [Government Code § 54957(a)] — One Case A. Consultation with Tustin Police Department, Police Chief 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. REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2383 INVOCATION — Councilmember Puckett PLEDGE OF ALLEGIANCE — Councilmember Gomez 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 — Tustin Talent Show 0 1St Place: Jenny Nguyen, "Listen" by Beyonce 0 2nd Place: Macklin Flannery and Mason Wong, "One" by Depapepe 0 3rd Place: Kimberly Anne Pidazo, "You Make Me Feel My Love" by Adele Retired Chief David Maggard Jr., City of Irvine 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) City Council January 19, 2016 Meeting Agenda Page 2 of 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 JANUARY 5, 2016. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on January 5, 2016. 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 amounts of $679,947.23 and $1,266,715.39; and Demands in the amount of $3,676,323.18. 4. DESTRUCTION OF RECORDS - HUMAN RESOURCES DEPARTMENT With approval from the City Council and City Attorney, the City's Record Retention/Disposition Schedule permits the destruction of records in accordance with specific criteria. Files pertaining to a number of closed liability claims have been identified as meeting the criteria for destruction. Recommendation: Adopt Resolution No. 16-06, authorizing the destruction of certain records in possession of the Human Resources Department. RESOLUTION NO. 16-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS IN POSSESSION OF THE HUMAN RESOURCES DEPARTMENT 5. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the third quarter of 2015. 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 during this third quarter reporting period. Average noise levels during the third quarter remained well below the City, County, and State criteria of 65 City Council January 19, 2016 Meeting Agenda Page 3 of 7 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: That the City Council receive and file this report. 6. SUCCESSOR AGENCY APPROVAL OF AN AMENDED ADMINISTRATIVE BUDGET AND AUTHORIZATION TO ENTER INTO A TENTH AMENDED AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY FOR ADMINISTRATIVE SUPPORT Successor Agency approval is requested of an amended Administrative Budget and authorization for the City and Successor Agency to enter into a Tenth Amended Agreement for reimbursement of administrative support. Recommendation: 1. It is recommended the City Council approve and authorize the City to enter into a Tenth Amended Agreement for Reimbursement of Costs and City/Successor Agency Operations Loan with the City acting as Successor Agency to the Tustin Community Redevelopment Agency. 2. It is recommended the City, acting as the Successor Agency to the Tustin Community Redevelopment Agency ("Successor Agency"), take the following actions: A. Approve the attached amended Administrative Budget pursuant to California Health and Safety Code (HSC) Section 341770). Should any subsequent modifications be determined necessary, the City Manager and/or Finance Director, or their authorized designee, shall be authorized to make augmentation, modification, additions, or revisions as may be necessary subject to Oversight Board approval. B. Approve and authorize the Successor Agency to enter into an Agreement for Reimbursement of Costs and City/Successor Agency Operations Loan with the City for reimbursement of costs incurred by the City to support Successor Agency operations, obligations consistent with the Administrative Budget approved by the Successor Agency. The Successor Agency shall also be authorized to enter into any agreements necessary to provide administrative support services as identified in the Administrative Budget attached hereto. 7. ADOPT RESOLUTION NO. 16-03 TO APPROVE CITY'S COMMITMENT TO PROJECTS SUBMITTED FOR INCLUSION IN THE 2017 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM City Council adoption of Resolution No. 16-03 will certify that the City has City Council January 19, 2016 Meeting Agenda Page 4 of 7 resources to fund projects submitted for inclusion in the 2017 Federal Transportation Improvement Program (FTIP) and affirms its commitment to implement all projects in the program. The FTIP is a capital listing of all transportation projects proposed over a six-year period. Recommendation: That the City Council adopt Resolution No. 16-03 certifying and affirming its commitment to have the resources to fund the projects submitted for inclusion in the 2017 Federal Transportation Improvement Program. RESOLUTION NO. 16-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN WHICH CERTIFIES THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED IN THE FFY 2016/17 - 2021/22 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM 8. BROKERAGE SERVICES AGREEMENT WITH AON RISK INSURANCE SERVICES WEST, INC. FOR SOLICITATION OF ENVIRONMENTAL INSURANCE COVERING PROPERTIES AT TUSTIN LEGACY Request for authorization to execute a Brokerage 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 Brokerage Services Agreement with Aon Risk Insurance Services West, Inc. for the purpose of marketing and soliciting proposals for environmental insurance covering properties at Tustin Legacy, subject to any non -substantive modifications as may be deemed necessary and/or recommended by the City Attorney. 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 9) 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. City Council January 19, 2016 Meeting Agenda Page 5 of 7 Recommendation: That City Council: 1. Adopt Resolution 16-01 which authorizes staff to apply for Section 5310 grant funds to be used for operating assistance for existing transit service and expansion of transit services and finds that there is no non-profit agency readily available to provide paratransit services for the elderly and disabled in the Tustin area. 2. Adopt Resolution 16-02 which authorizes the Director of Parks and Recreation Services to execute all documents related to the Section 5310 grant application. RESOLUTION NO. 16-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING STAFF TO APPLY TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR A FEDERAL TRANSIT ADMINISTRATION SECTION 5310 PROGRAM GRANT RESOLUTION NO. 16-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING EXECUTION OF DOCUMENTS REQUIRED BY CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDS AVAILABLE FOR CAPITAL TRANSPORTATION PROJECTS PURSUANT TO SECTION 5310 OF THE FEDERAL TRANSIT ACT. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 10-11) 10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1466 Ordinance No. 1466 amends Tustin City Code (TCC) Sections 9270c and 9297 and Article 3 of the TCC (General Business Regulations) to expressly prohibit marijuana cultivation, processing, delivery, and distribution within the City. Recommendation: Have second reading by title only and adoption of Ordinance No. 1466 (roll call vote). 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, City Council January 19, 2016 Meeting Agenda Page 6 of 7 DELIVERY, AND DISTRIBUTION IN ALL ZONING DISTRICTS 11. CONVEYANCE OF SUCCESSOR AGENCY PROPERTIES BY QUITCLAIM DEED TO THE CITY OF TUSTIN Successor Agency to the Tustin Community Redevelopment Agency ("Successor Agency") approval is requested to convey title to three (3) properties by Quitclaim Deed to the City of Tustin. The properties are identified as follows: 1. 450 EI Camino Real (APN: 401-622-10): Old Town Respite Park 2. 445 C Street, #1 (APN: 933-761-04): Stevens Square Parking Structure 3. 1021 Edinger Avenue (APN: 430-252-05) and 15012 Newport Avenue (APN: 430-252-06): future Newport Avenue Extension Recommendation: 1. It is recommended the City Council, acting as the Successor Agency, authorize the conveyance of title to three (3) properties by Quitclaim Deed to the City and authorize the Executive Director to execute the Deeds -land 2. It is recommended the City Council accept the Quitclaim Deeds and authorize the City Manager to execute the Certificate of Acceptances. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, February 2, 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 January 19, 2016 Meeting Agenda Page 7 of 7