HomeMy WebLinkAbout00 CC AGENDA 9.20.16 CITY OF TUSTIN REGULAR SEPTEMBER 20, 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 Jeffrey C. Parker, City Treasurer
CLOSED SESSION MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
5:30 P.M.
CALL TO ORDER— Meeting #2397
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 — ANTICIPATED LITIGATION -
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2
cases)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code §
54956.8] — (1 case)
A. Property 430-271-41, 42, 43, 44, 45, 46, 47, 60, 61, 62, 63,
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.
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, Director of Economic Development
Negotiating Parties Lincoln Property Company Commercial
Under Negotiation Price and Terms of Payment
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code §
54957(d)(1)] — (2 cases)
a. Title: City Manager
b. Title: City Attorney
5. LIABILITY CLAIMS [Government Code § 54956.95] — (1 case)
a. Claim No. 16-17 - Glaubitt, Arnold
6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION - [Government
Code section 54956.9(d)(1).] — (1 case)
a. Kirk Clymer, et al. v. City of Tustin, U.S. Dist. Court, C.D. of Cal., Case No.
8:16-cv-01453-DOC-J C G
REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER— Meeting #2397
INVOCATION — Councilmember Puckett
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
City Council September 20, 2016
Meeting Agenda Page 2 of 9
address the City Council on matters which are listed on this agenda or under the
jurisdiction of the City Council.
PRESENTATIONS —
o Jim's Music Center 50th Anniversary
o World Alzheimer's Awareness Month
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 11)
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
AND TUSTIN HOUSING AUTHORITY HELD ON AUGUST 16, 2016
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council and Tustin Housing Authority held on
August 16, 2016.
3. RATIFICATION 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 obligations that are in accordance with
the approved budget or continued operations authorizations.
Recommendation: Approve Payroll in the amounts of $759,121.70; and
Demands in the amount of $7,877,928.05.
4. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT
City Council September 20, 2016
Meeting Agenda Page 3 of 9
Pursuant to the Tustin Housing Authority Bylaws and State of California
Housing Authorities Law of the California Health and Safety Code, the Tustin
Housing Authority is holding an annual meeting and receiving and filing the
annual report for the preceding fiscal year.
Recommendation:
That the Tustin Housing Authority Commissioners take the following actions:
1. Open their Annual Meeting and receive and file the Annual Report for Fiscal
Year ("FY") 2015-2016 and transmit such report to the Tustin City Council.
2. Close their Annual Meeting
That the City Council take the following actions:
1. Receive and file the Housing Authority's Annual Report for FY 2015-2016.
2. Direct that a copy of the Housing Authority's Annual Report for FY 2015-
2016 be filed with the City Clerk and ex-officio Clerk of the City Council of
the City of Tustin and the California State Department of Housing and
Community Development.
5. APPOINTMENT OF REPRESENTATIVES TO STEVENS SQUARE PARKING
STRUCTURE CONDOMINIUM ASSOCIATION
This agenda item would appoint two individuals to serve as interim directors on
the Board of the Stevens Square Parking Structure Condominium Association
and authorize the City Manager to remove and make all future appointments to
the Board on the City's behalf.
Recommendation: That the City Council:
1. Appoint Jerry Craig and Dana Ogdon to serve and act in the capacity as
the City's selected interim directors in the Stevens Square Parking
Structure Condominium Association; and
2. Authorize the City Manager in his/her discretion to permanently or
temporarily remove and appoint directors to that Association in the future.
6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
ADVERTISEMENT FOR BIDS FOR THE MOFFETT DRIVE BRIDGE AND
ROADWAY CONSTRUCTION PROJECT (CIP NO. 70224)
The plans and specifications for the Moffett Drive Bridge and Roadway
Construction Project (CIP No. 70224) have been prepared and the project is
ready to be bid.
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Recommendation: That the City Council:
1. Adopt Resolution No. 16-45 approving the plans and specifications for
the Moffett Drive Bridge and Roadway Construction Project (CIP No.
70224); and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 16-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE
MOFFETT DRIVE BRIDGE AND ROADWAY CONSTRUCTION PROJECT
(CIP NO. 70224) AND AUTHORIZING ADVERTISEMENT FOR BIDS
7. AWARD CONTRACT FOR THE MOFFETT DRIVE EXTENSION (CIP NO.
70230), LEGACY ROAD EXTENSION (CIP NO. 70231), FUTURE TUSD
SCHOOL SITE (CIP NO. 70234) AND CITY PROPERTY (CIP NO. 70235)
GRADING PROJECT
Staff is recommending that the City Council award the construction contract for
the Moffett Drive Extension (CIP No. 70230), Legacy Road Extension (CIP No.
70231), Future TUSD School Site (CIP No. 70234) and City Property (CIP No.
70235) Grading Project to the lowest responsive/responsible bidder, Sukut
Construction, LLC.
Recommendation: That the City Council award the construction contract for
the Moffett Drive Extension (CIP No. 70230), Legacy Road Extension (CIP No.
70231), Future TUSD School Site (CIP No. 70234) and City Property (CIP No.
70235) Grading Project to the lowest responsive/responsible bidder, Sukut
Construction, LLC., in the amount of $ 2,489,983.00 and authorize the Mayor
and the City Clerk to execute the contract documents on behalf of the City.
8. 2016 BIENNIAL CONFLICT OF INTEREST CODE REVIEW
Biennially the City is required to review the list of designated positions in the
Conflict of Interest Code. City staff recommends the following changes to the list
of designated filers as follow:
Recommendation: Adopt Resolution No. 16-51 modifying the Appendix
(Designated Positions) contained in the City's Conflict of Interest Code.
RESOLUTION NO. 16-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN
THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND
REPEALING RESOLUTION NO. 14-61
City Council September 20, 2016
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9. AMENDMENT TO THE CITIZEN PARTICIPATION PLAN FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
The City of Tustin's original Citizen Participation Plan was adopted in November
1995, and most recently amended in April 2007. The Citizen Participation Plan
sets forth the City of Tustin's policies and procedures for citizen participation
pertaining to all aspects of the development, amendment, and reporting related
to the Consolidated Plan for the Community Development Block Grant (CDBG)
program. In addition, the Citizen Participation Plan defines the roles,
responsibilities, and composition of the Citizen Participation Committee.
At the City's Council's meeting on April 19, 2016, the City Council directed staff
to review the Citizen Participation Plan, specifically with regard to the current
Citizen Participation Committee. The Council additionally requested that staff
survey surrounding Orange County cities for guidance in drafting an
amendment to the Citizen Participation Plan. The proposed amendment to the
Citizen Participation Plan would modify the selection and composition of the
Citizen Participation Committee. Currently, the Tustin Community Foundation is
designated as the Citizen Participation Committee responsible for reviewing
public service projects, and making a recommendation to the City Council at the
start of each three-year funding cycle for public services.
Recommendation: That the City Council adopt Resolution No. 16-48
amending the Citizen Participation Plan for the Community Development Block
Grant (CBDG) program.
RESOLUTION NO. 16-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY'S CITIZEN
PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM AND AUTHORIZING SUBMISSION OF THE
AMENDMENT TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
10. AMENDING THE CITY'S CLASSIFICATION PLAN TO INCLUDE AN
ADDITIONAL POSITION IN THE CLASSIFICATION OF TRANSPORTATION
COORDINATOR AND ESTABLISH A LIMITED TERM PROJECT POSITION
SUMMARY
Approval of the following action will amend the City's Classification Plan to
include one additional position in the classification of Transportation Coordinator
and authorize staff to fill the position as a limited term project position.
Recommendation: That the City Council adopt City Council Resolution No.
16-50 to amend the City's Classification Plan and authorize the appointment of
a project employee in the classification of Transportation Coordinator for a
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period not to exceed two (2) years, unless otherwise extended by the City
Council.
RESOLUTION NO. 16-50
AMENDING THE CITY'S CLASSIFICATION PLAN TO INCLUDE AN
ADDITIONAL POSITION IN THE CLASSIFICATION OF TRANSPORTATION
COORDINATOR AND ESTABLISH A LIMITED TERM PROJECT POSITION
SUMMARY
11. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF GENTRY MAYFIELD
Adoption of the attached Resolution will certify that Gentry Mayfield is
industrially disabled from his position of Police Officer and enable CalPERS to
process his industrial disability retirement.
Recommendation: Adopt Resolution No. 16-52 finding that Police Officer
Gentry Mayfield is industrially disabled from performing the duties of his
position.
RESOLUTION NO. 16-52 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT GENTRY MAYFIELD, A
LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES
AS A POLICE OFFICER
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 12)
12. REVOCATION OF CONDITIONAL USE PERMIT 2015-05 AND DESIGN
REVIEW 2015-005 AND RECOVERY OF ENFORCEMENT COSTS, IVY
LOUNGE, 14001 NEWPORT AVENUE
On April 28, 2015, the Tustin Planning Commission approved Conditional Use
Permit (CUP) 2015-05 for on-site sale of beer and wine and Design Review
(DR) 2015-005 for outdoor seating associated with Ivy Lounge restaurant
located at 14001 Newport Avenue, Unit A. Immediately following Planning
Commission approval, the restaurant owner repeatedly violated multiple
conditions of approval which were subsequently deemed detrimental to the
health, safety, morals, comfort and general welfare of public. Tustin City Code
(TCC) Section 9293 requires City Council consideration of any proposed
revocation of a Conditional Use Permit following a Planning Commission
hearing and recommendation on the matter. On July 12, 2016, the Planning
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Commission adopted Resolution No. 4313 recommending that the City Council
revoke CUP 2015-05 and DR 2015-005. City Council approval for associated
enforcement cost recovery is also requested.
Recommendation: That the City Council:
1. Adopt Resolution No. 16-46 revoking Conditional Use Permit (CUP)
2015-05 for on-site beer and wine sales (ABC License Type 41) and
Design Review (DR) 2015-005 allowing outdoor seating associated with
the Ivy Lounge restaurant located at 14001 Newport Avenue, Unit A; and,
2. Adopt Resolution No. 16-54 directing staff to recover all City
administrative costs for abatement and enforcement at Ivy Lounge,
including the recording of a special assessment as a lien on the property,
as needed.
RESOLUTION NO. 16-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
REVOKING CONDITIONAL USE PERMIT (CUP) 2015-05 FOR ON-SITE SALE
AND CONSUMPTION OF BEER AND WINE (LICENSE TYPE 41) AND
DESIGN REVIEW (DR) 2015-005 FOR OUTDOOR SEATING IN
CONJUNCTION WITH THE IVY LOUNGE RESTAURANT LOCATED AT 14001
NEWPORT AVENUE, UNIT A
RESOLUTION NO. 16-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN FOR
RECOVERY OF ADMINISTRATIVE COSTS FOR ABATEMENT AND
ENFORCEMENT AT IVY LOUNGE RESTAURANT LOCATED AT 14001
NEWPORT AVENUE. UNIT A
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Items 13-14)
13. WATER CONSERVATION UPDATE - JULY 2016
As a result of the drought, the City of Tustin is required to provide the State
Water Resources Control Board with a monthly report regarding water
consumption and restrictions. This report summarizes the information provided
to the State for the month of July 2016 and provides the City Council and the
public with general information on previous and upcoming actions taken by the
City
Recommendation: That the City Council receive and file this report.
City Council September 20, 2016
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14. SECOND READING AND ADOPTION OF ORDINANCE NO. 1470
Ordinance No. 1470 amends Tustin City Code (TCC) by repealing Chapter 12
of Article 5 regarding sex offender residency and loitering restrictions.
Recommendation: That the City Council have a second reading by title only
and adoption of Ordinance No. 1470 (roll call vote).
ORDINANCE NO. 1470
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, REPEALING CHAPTER 12 OF ARTICLE 5 OF THE TUSTIN
CITY CODE REGARDING SEX OFFENDER RESIDENCY AND LOITERING
RESTRICTIONS.
OTHER BUSINESS/COMMITTEE REPORTS
ADJOURNMENT — The next meeting is scheduled for Tuesday, October 4, 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 September 20, 2016
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