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Home My WebLink About01 CC AGENDA 12.6.16 CITY OF TUSTIN REGULAR DECEMBER 6, 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 #2402 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. LIABILITY CLAIMS [Government Code § 54956.95] —Three Cases A. Claim of Ethel Marie Herman; Claim No. 16-20 B. Claim of Bruce Linton; Claim No. 16-21 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. C. Claim of Ana Trejo; Claim No. 16-22 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — (1 case) A. Property 430-371-187 197 207 217 227 237 247 257 267 277 287 Address/Description 297 307 317 327 337 617 627 637 647 657 667 677 68 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Director of Economic Development Negotiating Parties OliverMcMillan Tustin Legacy Inc. Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER— Meeting #2402 INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE — Mayor Nielsen 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. 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 13) City Council December 6, 2016 Meeting Agenda Page 2 of 8 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 SPECIAL CLOSED SESSION MEETING HELD ON NOVEMBER 15, 2016 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council and the Special Closed Session Meeting held on November 15, 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: That the City Council approve Payroll in the amounts of $725,986.54; and demands in the amount of $4,053,641.60. 4. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 148 NORTH B STREET The Mills Act is State legislation that provides for reduced property taxes on an eligible historic property if the property owner agrees to maintain and preserve the property for a minimum of ten (10) years. On June 16, 1997, the City Council authorized the implementation of a Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of the report includes a draft historic property preservation agreement for the property located at 148 North B Street. This is the seventeenth historic property preservation agreement to be considered by the Council. The agreement contains standard language that is required by State law and customized terms, standards, and conditions for the property. Because the property is in very good condition, the improvements required over the minimum ten (10)-year contract term are relatively minor. Owners: Norman and Candace Alas Recommendation: That the City Council adopt Resolution No. 16-69 City Council December 6, 2016 Meeting Agenda Page 3 of 8 authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with Norman and Candace Alas, the owners of the property, located at 148 North B Street. RESOLUTION NO. 16-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR AUTHORIZED DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT 1 WITH THE OWNERS OF THE PROPERTY LOCATED AT 148 NORTH B STREET, TUSTIN, CALIFORNIA. 5. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 148 MOUNTAIN VIEW DRIVE The Mills Act is State legislation that provides for reduced property taxes on an eligible historic property if the property owner agrees to maintain and preserve the property for a minimum of ten (10) years. On June 16, 1997, the City Council authorized the implementation of a Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of the report includes a draft historic property preservation agreement for the property located at 148 Mountain View Drive. This is the eighteenth historic property preservation agreement to be considered by the Council. The agreement contains standard language that is required by State law and customized terms, standards, and conditions for the property. Because the property is in very good condition, the improvements required over the minimum ten (10)-year contract term are relatively minor. Owners: Christian and Anne Mirasol Recommendation: That the City Council adopt Resolution No. 16-70 authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with Christian and Anne Mirasol, the owners of the property, located at 148 Mountain View Drive. RESOLUTION NO. 16-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR AUTHORIZED DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT 1 WITH THE OWNERS OF THE PROPERTY LOCATED AT 148 MOUNTAIN VIEW DRIVE, TUSTIN, CALIFORNIA. 6. CANCELLATION OF THE JANUARY 3, 2017 CITY COUNCIL MEETING Due to a lack of quorum, staff recommends cancellation of the January 3, 2017 Regular City Council meeting. City Council December 6, 2016 Meeting Agenda Page 4 of 8 Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting of January 3, 2017. The City Council hereby waives notice of said meeting as required by Government Code §54954. 7. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: That the City Council receive and file. 8. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the second quarter of 2016. The average noise level measured at Tustin's monitoring station (NMS 1ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior quarters during this first quarter reporting period. Average noise levels during the first quarter remained 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. 9. RESOLUTION NO. 16-68 ADOPTING THE COUNCIL CHAMBER RENOVATION SCHEDULE Adoption of Resolution No. 16-68 would allow the City Council to conduct Regular Meetings during the Council Chamber Renovation at the Clifton C. Miller Community Center. Recommendation: That the City Council adopt Resolution No. 16-68 to conduct Regular Meetings at an alternative location. RESOLUTION NO. 16-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING AN ALTERNATIVE LOCATION TO CONDUCT REGULAR CITY COUNCIL MEETINGS AT THE CLIFTON C. MILLER COMMUNTY CENTER 10. REJECTION OF ALL BIDS AND AUTHORIZATION TO RE-ADVERTISE FOR BIDS FOR THE MOFFETT DRIVE BRIDGE AND ROADWAY CONSTRUCTION PROJECT, CIP NO. 70224 City Council December 6, 2016 Meeting Agenda Page 5 of 8 Staff is recommending that the City Council reject all bid proposals received on the Moffett Drive Bridge and Roadway Construction Project, CIP No. 70224 (the "Project"). The City received six (6) bids for the Project, all significantly higher than the engineer's original estimate. Recommendation: That the City Council reject all six (6) bids received on the Project and direct the City Clerk to return all bid bonds and re-advertise for bids. 11. AWARD OF BID FOR THE HERITAGE PARK PLAYGROUND RENOVATION (CIP NO. 20078) The bid opening for the Heritage Park Playground Renovation project was held on November 21, 2016. The Heritage Park Playground Renovation was identified by the Community Services Commission as the next project to be completed on their seven-year Capital Improvement Project priority list. Recommendation: That the City Council: 1. Award the construction contract to D D Systems, Inc. (DBA Ace CD, Inc.) of Glendora, California, in the amount of $194,223.89 subject to the approval of contract requirements by the City Attorney and final execution of the contract. 2. Approve a supplemental appropriation of $25,000 for this project. $10,000 of this total was secured from a donation from the Santa Ana - Tustin Rotary Club and the additional $15,000 would be needed from the Park Development Fund (131) to fully fund this project including contingency. 12. AUTHORIZATION TO PURCHASE SIX TRUCKS AND DECLARATION OF SURPLUS EQUIPMENT FOR PUBLIC AUCTION Staff is requesting City Council authorization to purchase three utility trucks, two pickup trucks and one service truck for Public Works and Parks and Recreation. In addition, the City Council is requested to declare certain City equipment no longer required for public use in accordance with Section 1630a (2) of the Tustin City Code (TCC) and authorize their sale at public auction. Recommendation: That the City Council: 1. Adopt Resolution No. 16-71 authorizing the State of California Department of General Services to purchase three (3) 3/ ton utility trucks and two (2) 1/ ton pickups, from Winner Chevrolet Elk Grove, Ca. in the amount of $156,948.23 and one (1) medium duty service truck, from Fred M. Boerner Motor Company in the amount $177,815.13; City Council December 6, 2016 Meeting Agenda Page 6 of 8 2. Appropriate $109,815.13 from the Water Enterprise Fund; and 3. Declare, in accordance with Tustin City Code — Section 1630a (2), the attached itemized list of equipment as surplus and not required for public use and authorize the sale of the equipment at the next available public auction, crediting net proceeds to applicable City revenue fund. RESOLUTION NO. 16-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS 13. SECOND READING AND ADOPTION OF ORDINANCE NO. 1472 AND ORDINANCE NO. 1473 (VINTAGE PROJECT) Ordinance No. 1472 approves Zone Change 2016-001 to change the zoning from Planned Industrial (PM) to Planned Community (P-C). Ordinance No. 1473 for approves Development Agreement 2016-002 to facilitate the development of an approximate 6.81 acre site and accept public benefits. Recommendation: Have second reading by title only and adoption of Ordinance No. 1472 and Ordinance No. 1473. ORDINANCE 1472 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE 2016-001, AMENDING THE ZONING DESIGNATION FROM PLANNED INDUSTRIAL (PM) TO PLANNED COMMUNITY (PC) TO ACCOMMODATE THE CONSTRUCTION OF A ONE- HUNDRED FORTY (140) UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 320-438 WEST SIXTH STREET AND 620 -694 SOUTH B STREET ORDINANCE NO. 1473 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2016-002 BETWEEN THE CITY OF TUSTIN AND INTRACORP SO CAL -1, LLC TO FACILITATE THE DEVELOPMENT OF ONE-HUNDRED FORTY (140) RESIDENTIAL CONDOMINIUM UNITS ON AN APPROXIMATE 6.81 ACRE SITE LOCATED AT 320-438 W. SIXTH STREET AND 620-694 S. B STREET REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 14-15) City Council December 6, 2016 Meeting Agenda Page 7 of 8 14. CITY OF TUSTIN SPONSORSHIP OF THE TUSTIN CHAMBER OF COMMERCE'S TUSTIN HANGAR HALF MARATHON AND 5K City Council approval is requested for the City of Tustin to sponsor the Tustin Chamber of Commerce's Tustin Hangar Half Marathon and 5K on March 12, 2017. Recommendation: That the City Council take the following actions: 1. Authorize the City of Tustin's $50,000 sponsorship of the Tustin Chamber of Commerce's Tustin Hangar Half Marathon and 5K; and 2. Authorize the City Manager to execute a Tustin Hangar Half Marathon and 5K Sponsorship Agreement, and authorize the City Attorney to make non- substantive changes to the agreement as deemed necessary; and 3. Authorize a $50,000 appropriation from Fund 189 — Tustin Legacy Marketing. 15. WATER CONSERVATION UPDATE - OCTOBER 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 October 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. PRESENTATIONS — 0 2016 Accomplishments, Mayor Nielsen o Recognition of Mayor Nielsen for Years of Service to the Tustin Community OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meetings are scheduled for Friday, December 9, 2016 for a Special Meeting at 4:30 p.m. to Declare the Results of the November 8, 2016 General Election and Tuesday, December 20, 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 December 6, 2016 Meeting Agenda Page 8 of 8