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Home My WebLink About00 CC AGENDA 4.19.16CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Dr. Allan Bernstein, Mayor Pro Tem Rebecca Gomez, Councilmember Al Murray, Councilmember Charles E. Puckett, Councilmember APRIL 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 #2389 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)] — Two Cases A. Successor Agency to the Tustin Redevelopment Agency, et al. v. Michael Cohen: Sacramento Superior Court Case No. 34-2015-80002046 CU-WM- GDS 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. B. Consideration of request for amicus brief: The Yorba Linda Taxpayers Association (Petitioners) vs. The Yorba Linda Water District (Respondents), Superior Court Case No. 30-2016-00829548 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] - Four Cases A. Property 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, Address/Description 29, 30, 31, 32, 33, 61, 62, 63, 64, 65, 66, 67, 68 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties OliverMcMillan Tustin Legacy Inc. Under Negotiation Price and Terms of Payment B. Property 430-391-12, 430-391-09, 430-381-41, 430-381-43, Address/Description 430-381-75 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Dr. Gregory Franklin, Superintendent Under Negotiation Price and Terms of Payment C. Property 430-271-41, 42, 43, 44, 45, 46, 47, 60, 61, 62, 63, Address/Description 64, 65 (portion of), 66, 67, 68, 69, 70 (portion of) Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Lincoln Property Company Commercial Under Negotiation Price and Terms of Payment D. Property Tustin Legacy Disposition Package 1 C to include Address/Description Lots 1, X and Y of Tract Map 17404 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Regency Centers, John Meehigan Under Negotiation Price and Terms of Payment 5. LIABILITY CLAIMS [Government Code § 54956.95] - One Case A. Claim No. 16-01 - Hayhurst, Joann (Attorney: Jason D. Cohn) City Council April 19, 2016 Meeting Agenda Page 2 of 7 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2389 INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE — Mayor Pro Tem Bernstein 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 — o Regional Youth of the Year Nominee Alex Western o Columbus Tustin Middle School Peer Assistance Leadership (PAL) Program o Mothers Against Drunk Drivers — Officers Smith and Laurich o Parks and Recreation Department - CPRS District 10 Hall of Fame 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 5) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA City Council April 19, 2016 Meeting Agenda Page 3 of 7 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 APRIL 5, 2016 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on April 5, 2016. 3. APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA GAS COMPANY OVER PORTIONS OF ADJACENT PARCELS ALONG MOFFETT DRIVE IN TUSTIN LEGACY Construction of the ongoing Moffett Drive Improvements from Park Avenue to Peters Canyon Channel will include installation of Southern California Gas Company (The Gas Company) gas line and facilities within roadway and adjacent parcels. It is therefore necessary for the City of Tustin to grant an easement to The Gas Company for the gas line and facilities and for access purposes over these adjacent parcels. Recommendation: That the City Council grant an easement to The Gas Company over portions of Lots LL and KK of Tract No. 17404 adjacent to Moffett Drive as shown on the attached easement document exhibit for gas facilities and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 4. ADOPT RESOLUTION NO. 16-22 TO APPROVE THE SUBMITTAL OF THE MAIN STREET IMPROVEMENT PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE BICYCLE CORRIDOR IMPROVEMENT PROGRAM 2016 CALL FOR PROJECTS City Council adoption of Resolution No. 16-22 will approve the submittal of an application for the Main Street Improvement Project to the Orange County Transportation Authority (OCTA) under the Bicycle Corridor Improvement Program (BCIP) 2016 Call for Projects. The application will be for funding of the construction phase of the Main Street Improvement Project. Recommendation: That the City Council adopt Resolution No. 16-22 approving the submittal of the application to the Orange County Transportation Authority for the funding of the construction phase of the Main Street Improvement Project under the Bicycle Corridor Improvement Program 2016 City Council April 19, 2016 Meeting Agenda Page 4 of 7 Call for Projects. RESOLUTION NO. 16-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FOR THE BICYCLE CORRIDOR IMPROVEMENT PROGRAM FUNDED WITH CONGESTION MITIGATON AND AIR QUALITY IMPROVEMENT PROGRAM FUNDING UNDER THE MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY AND FIXING AMERICA'S SURFACE TRANSPORTATION FEDERAL TRANSPORTATION ACT FOR THE MAIN STREET IMPROVEMENT PROJECT 5. APPROVE THE SUBMITTAL OF THE MEDIAN TURF AND IRRIGATION REPLACEMENT AND STORM DRAIN RETROFIT PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE TIER 1 ENVIRONMENTAL CLEANUP PROGRAM 2016 CALL FOR PROJECTS Staff is requesting the City Council approval of the submittal of an application for the Median Turf and Irrigation Replacement and Storm Drain Retrofit Project to the Orange County Transportation Authority (OCTA) under the Tier 1 Environmental Cleanup Program 2016 Call for Projects. The application seeks for funding of the installation of automatic retractable screens for 24 catch basins and conversion of select medians from turf and sprinklers to drought tolerant plants and drip irrigation. Recommendation: That the City Council approve the submittal of the application to the Orange County Transportation Authority for the Median Turf and Irrigation Replacement and Storm Drain Retrofit Project to the Orange County Transportation Authority (OCTA) under the Tier 1 Environmental Cleanup Program 2016 Call for Projects. 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 6) 6. FISCAL YEAR 2016-17 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ALLOCATION, FISCAL YEAR 2016-17 ACTION PLAN The Community Development Department is proposing to submit to the U.S. Department of Housing and Urban Development (HUD) a Program Year (PY) 2016-17 Action Plan (Attachment A), which describes the activities that the City City Council April 19, 2016 Meeting Agenda Page 5 of 7 will undertake during the program year. The Action Plan includes the program budget for disbursement of Community Development Block Grant (CDBG) funds. HUD has notified the City that CDBG funding for the Program Year 2016-17 will be $680,478. On February 16, 2016, the City Council held the first required public hearing to receive public input and testimony, considered and provided staff with direction on public service performance evaluations for continued funding; and, set a second required public hearing on April 19, 2016 to finalize the Program Year 2016-17 Action Plan. Recommendation: That the City Council adopt Resolution No. 16-20 approving the PY 2016-17 Action Plan and funding allocations, and authorizing submission of the PY 2016-17 Action Plan to the U.S. Department of Housing and Urban Development. RESOLUTION NO. 16-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PROGRAM YEAR 2016-17 ACTION PLAN AND FUNDING ALLOCATION FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 7 - 9) 7. AGREEMENTS FOR NEW COUNTY ANIMAL CARE SHELTER Request for authorization to execute a multi-party Participation Agreement with the County of Orange and other Orange County cities for construction of the new animal care shelter at Tustin Legacy, and to execute an Agreement for Provision of OC Animal Care Services with the County of Orange for on-going services at the new shelter. Recommendation: That the City Council: 1. Authorize the City Manager to execute the multi-party Participation Agreement with the County of Orange and the Cities of Anaheim, Brea, Cypress, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Lake Forest, Orange, Placentia, San Juan Capistrano, Santa Ana, Stanton, Tustin, Villa Park and Yorba Linda for construction of the new animal care shelter at Tustin Legacy; and, 2. Authorize the City Manager to execute the Agreement for Provision of OC Animal Care Services with the County of Orange for on-going City Council April 19, 2016 Meeting Agenda Page 6 of 7 services at the new shelter; and, 3. Approve a supplemental appropriation of $850,000 from the General Fund Reserve. 8. STRATEGIC PLAN SIDEWALK POLICY FOLLOW UP At the Strategic Plan Update workshop held on January 9, 2016, the City Council provided staff with policy direction related to sidewalks within single family residential neighborhoods and industrial areas. This report and associated Resolution is a follow up to ensure accurate depiction and consistent implementation of the policy. Recommendation: That the City Council adopt Resolution No. 16-12 establishing a policy regarding sidewalks installation. RESOLUTION NO. 16-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING A POLICY RELATED TO SIDEWALK INSTALLATION 9. SUPPORT THE ORANGE COUNTY TASK FORCE ON DROWNING PREVENTION Staff recommends that the City Council support the Orange County Task Force on Drowning Prevention by acknowledging the $5,000 contribution from the Tustin Police Department 2016 Community Outreach Program. Recommendation: In the spirit of the preservation and protection of human life, the Tustin Police Department is proposing to contribute $5,000 to the Orange County Task Force on Drowning Prevention. Staff recommends approval of the support with consideration for future years. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, May 3, 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 April 19, 2016 Meeting Agenda Page 7 of 7