HomeMy WebLinkAbout00 CC AGENDA 12.20.16CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
Al Murray, Mayor Pro Tem
Rebecca Gomez, Councilmember
Charles E. Puckett, Councilmember
Letitia Clark, Councilmember
DECEMBER 20, 2016
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
Jeffrey C. Parker, City Manager
Dr. Allan Bernstein, Mayor David E. Kendig, City Attorney
Erica N. Rabe, City Clerk
Jeffrey C. Parker, City Treasurer
SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
CR911111110 iyi I
CALL TO ORDER — Meeting #2403
ROLL CALL — City Clerk
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): (1 case)
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
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2403
INVOCATION — Councilmember Puckett
PLEDGE OF ALLEGIANCE — Councilmember Clark
CLOSED SESSION REPORT — City Attorney David E. Kendig
PRESENTATION — Tustin Pride Holiday Awards
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 16)
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 DECEMBER 6, 2016 AND THE SPECIAL MEETING HELD ON
DECEMBER 9, 2016
City Council December 20, 2016
Meeting Agenda Page 2 of 9
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on December 6, 2016 and the Special
Meeting held on December 9, 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
$714,612.01; and demands in the amount of $3,334,530.32.
4. HOUSING SUCCESSOR AGENCY ANNUAL REPORT FOR FISCAL YEAR
2015-2016
In accordance with Senate Bill 341's amendments to Health & Safety Code
Section ("HSC") 34176, the Tustin Housing Authority, serving as the Housing
Successor Agency to the former Tustin Community Redevelopment Agency,
has prepared an annual report for filing with the Tustin Housing Authority
Commission and the Tustin City Council.
Recommendation:
1. That the Tustin Housing Authority Commissioners take the following
actions:
o Receive and file the Housing Successor Agency Annual Report for
Fiscal Year ("FY") 2015-2016 and transmit such report to the Tustin
City Council.
2. That the City Council take the following actions:
o Receive and file the Housing Successor's Annual Report for FY 2015-
2016.
o Direct that a copy of the Housing Successor Agency Annual Report
be posted on the City of Tustin's website at www.tustinca.org
5. AUTHORIZATION FOR PROFESSIONAL BUILDING PLAN CHECK AND
INSPECTION SERVICES
Recommendation: That the City Council approve the consultant services
agreements with the companies of Scott Fazekas & Associates Inc., CSG
Consultants, Inc., Anderson Penna, Willdan Engineering, and Interwest
Consulting Group, Inc. and authorize the Community Development Director to
City Council December 20, 2016
Meeting Agenda Page 3 of 9
execute said agreements subject to final approval of the contracts by the City
Attorney's office.
6. 2017 LOCAL APPOINTMENTS LIST
Prior to December 31St of each year, the Maddy Act requires municipal agencies
to prepare and post a listing of all Commission/Committee vacancies for the
upcoming year.
Recommendation: Approve the 2017 Local Appointments List for the Planning
Commission, Community Services Commission, Audit Commissions and post
notice as required by law.
7. MANAGED PRINT SERVICES
Due to the expiration of the City's lease agreement with Xerox for copiers and
printers, staff issued a Request for Proposal to replace the owned and leased
multi -function devices and personal printers at various locations. Upon
completion of a thorough analysis, staff is recommending to contract with the
vendor that proposed the best solution for the City.
Recommendation:
1. Authorize the City Manager to execute a 60 -month lease agreement with
Sharp Business Systems in the amount of $364,000; with an additional
$25,000 to configure the Plockmatic Production Printer to accommodate
high-quality printing.
2. Authorize the City Manager to execute a Professional Services
Agreement with Sharp Business Systems for a 60 -month print
management program for supplies and maintenance of multifunction
copiers, printers, scanners in an amount of $301,250.
3. Approve a supplement appropriation in the amount of $60,000 from
anticipated general fund revenue associated with the pay-off of the
remaining leases. This will be offset by a payment from Sharp Business
Systems.
8. AWARD CONTRACT FOR THE COUNCIL CHAMBER AUDIOVISUAL AND
BROADCAST SYSTEM UPGRADE
On November 14, 2016, the City received proposals for the Council Chamber
Audiovisual (AV) and Broadcast System upgrade. Staff requests that the City
Council award the contract to Western Audio Visual for this project
Recommendation: That the City Council:
City Council December 20, 2016
Meeting Agenda Page 4 of 9
1. Award the contract to Western Audio Visual (WAV) for the Council
Chamber AV and Broadcast System upgrade and authorize the City
Manager to execute the contract documents on behalf of the City; and
2. Approve a supplemental appropriation in the amount of $37,502 from the
unappropriated reserves of the PEG (Public, Educational, and
Government) Fee Fund (Fund 129) to cover the cost for the design and
system upgrade.
9. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT
The Local Transportation Authority Ordinance No. 3 requires the City to adopt
an annual Expenditure Report to account for the Net Revenues,
developer/traffic impact fees, and funds expended by the City which satisfy the
Maintenance of Effort (MOE). The Orange County Transportation Authority
(OCTA) established the MOE benchmark in conjunction with passage of the
original Measure M. MOE is a requirement that the City expend local funds on
transportation related projects each fiscal year in order to be eligible to receive
Measure M2 Fairshare funds; the City's required MOE expenditure is
$172227756.
Recommendation: That the City Council: Adopt Resolution No. 16-77,
adopting the Measure M2 Expenditure Report for Fiscal Year 2015-2016 and
direct staff to file the report with the Orange County Transportation Authority.
RESOLUTION NO. 16-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, THE ANNUAL MEASURE M2 FAIRSHARE EXPENDITURE
REPORT FOR FISCAL YEAR 2015-2016
10. ENHANCED POLICE SAFETY EQUIPMENT
Since January 1 st of this year there has been a 61 % increase of police officers
killed in the line of duty due to assaults with gunfire. These incidences have
included such tragedies as the killing of police officers in Dallas and Baton
Rouge.
Also in recent years, agencies throughout the country have seen an increase in
active shooter scenarios, involving suspects with high-power rifles.
Currently, apart from SWAT team members, The Tustin Police Department
does not issue personal body armor capable of stopping rifle fire to its officers.
The ability for officers in the City of Tustin to be protected in ambush situations
and the ability to respond properly to active shooter scenarios with high-
powered weapons is paramount for the safety of the officers involved and the
citizens of our City.
City Council December 20, 2016
Meeting Agenda Page 5 of 9
Recommendation: That the City Council approve a supplemental appropriation
of $148,325.97 from the General Fund Reserves to purchase ballistic helmets,
ballistic rifle plates and associated protective equipment for all sworn personnel.
11. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
DVERTISEMENT FOR BIDS FOR PEPPERTREE PARK (CIP 10032) AND
CAMINO REAL PARK (CIP 20054) LIGHTING IMPROVEMENTS
The plans and specifications for the Peppertree Park Lighting Improvements
(CIP No. 10032) and Camino Real Park Lighting Improvements (CIP No. 20054)
have been prepared and the projects are ready to be bid.
Recommendation: That the City Council:
Adopt Resolution No. 16-72 approving plans and specifications for the
Peppertree Park Lighting Improvements (CIP No. 10032), and
2. Adopt Resolution No. 16-78 approving plans and specifications for the
Camino Real Park Lighting Improvements (CIP No. 20054),
3. Authorize the City Clerk to advertise and receive bids.
RESOLUTION NO. 16-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE
PEPPERTREE PARK LIGHTING IMPROVEMENTS (CIP No. 10032)
CONSTRUCTION PROJECT AND AUTHORIZING ADVERTISEMENT FOR
BIDS
RESOLUTION NO. 16-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE
CAMINO REAL PARK LIGHTING IMPROVEMENTS (CIP No. 20054)
CONSTRUCTION PROJECT AND AUTHORIZING ADVERTISEMENT FOR
BIDS
12. APPROVE AGREEMENT WITH THE IRVINE COMPANY AND CITY OF
IRVINE FOR THE TUSTIN RANCH ROAD AND EL CAMINO REAL
INTERSECTION IMPROVEMENT PROJECT
Staff is requesting the City Council approve the "Agreement Regarding Funding
of Street Improvements" by and among City of Irvine, City of Tustin and The
Irvine Company for intersection improvements at Tustin Ranch Road and EI
Camino Real. Engineering and construction will be managed by the City of
Tustin and funded by two Assessment Districts (No. 97-16 and No. 97-17)
which were established as a requirement to mitigate impacts of development by
The Irvine Company in Lower Peters Canyon which is now built out as West
City Council December 20, 2016
Meeting Agenda Page 6 of 9
Irvine. The City of Irvine is the administrator of the Assessment Districts.
Recommendation: That the City Council approve the "Agreement Regarding
Funding of Street Improvements" for Tustin Ranch Road and EI Camino Real
intersection improvements, and authorize the Mayor and City Clerk to execute
the agreement on behalf of the City.
13. ADOPT RESOLUTION NO. 16-74 TO ACCEPT IMPROVEMENTS FOR THE
FY 2015-16 ROADWAY REHABILITATION AND SIDEWALK REPAIR
PROJECT (CIP 70015)
Construction of the Fiscal Year (FY) 2015-16 Roadway Rehabilitation and
Sidewalk Repair Project (CIP 70015) has been completed to the satisfaction of
the City Engineer and the project is now ready for City Council acceptance.
Recommendation:
1. Adopt Resolution No. 16-74 accepting the construction of the FY 2015-16
Roadway Rehabilitation and Sidewalk Repair Project (CIP 70015); and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
RESOLUTION NO. 16-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION
FOR THE FY 2015-16 ROADWAY REHABILITATION AND SIDEWALK
REPAIR PROJECT (CIP 70015)
14. ADOPT RESOLUTION NO. 16-76 ESTABLISHING OR REVISING
PRIMAFACIE SPEED LIMITS ON NEW OR CHANGED CITY STREETS
Adoption of Resolution No. 16-76 will establish and revise speed limits on
certain streets in the City of Tustin that are new or have changes in roadway
conditions based upon an engineering and traffic survey as required by the
California Vehicle Code.
Recommendation: That the City Council adopt Resolution No. 16-76
establishing or revising Prima Facie Speed Limits on certain streets throughout
the City of Tustin.
RESOLUTION NO. 16-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ESTABLISHING OR REVISING PRIMA FACIE SPEED LIMITS
ON NEW OR CHANGED CITY STREETS
City Council December 20, 2016
Meeting Agenda Page 7 of 9
15. AMEND THE 2016-2017 SEVEN-YEAR CIP TO INCLUDE THE LOCAL
TRANSIT CIRCULATOR FEASIBILITY STUDY FUNDED UNDER THE 2016
COMPETITIVE MEASURE M2 PROJECT V GRANT PROGRAM
On March 15, 2016, City Council adopted Resolution No. 16-14 authorizing the
submittal of an application for a planning study to determine the feasibility of
implementing a local transit/circulator system within the city to the Orange
County Transportation Authority (OCTA) under the 2016 Call for Projects for the
Competitive Measure M2 Project V Community -Based Transit/Circulators Grant
Program. At their regular Board Meeting on June 9, 2016, OCTA selected the
City for the grant to conduct the study. The planning study will evaluate a local
transit/circulator system with fixed routes in the form of a trolley or shuttle that
serves major retail centers within the City such as The District, Tustin
MarketPlace and Old Town Tustin as well as connecting Metrolink passengers
from the Tustin station to job centers and other major generators and attractors.
The study is required to be included in the City's Capital Improvement Program
(CIP) to be eligible for the Project V funds.
Recommendation: That the City Council amend the 2016-2017 Seven -Year
CIP to include a Local Transit Circulator Feasibility Study to satisfy the Orange
County Transportation Authority requirement for funding of the planning study
under the 2016 Call for Projects for the Measure M2 Project V Community -
Based Transit/Circulators Grant Program.
16. NEW ENVIRONMENTAL INSURANCE POLICY AT TUSTIN LEGACY
City Council authorization is required to secure environmental insurance
coverage for certain property at Tustin Legacy (former MCAS Tustin).
Recommendation: That the City Council:
1. Authorize City Manager to bind environmental insurance coverage from
Tokio Marine for portions of Tustin Legacy property, subject to legal
counsel approval of all policy terms and endorsements (see page 4 of the
Staff Report).
2. Authorize $1,577,969 to be appropriated from the Land Sales Proceeds
account to purchase the Tokio Marine policy, including broker payment
and taxes.
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 17)
City Council December 20, 2016
Meeting Agenda Page 8 of 9
17. REVOCATION OF CONDITIONAL USE PERMIT 2015-05 AND DESIGN
REVIEW 2015-005 AND RECOVERY OF ENFORCEMENT COSTS, IVY
LOUNGE, 14001 NEWPORT AVENUE
Recommendation: That the City Council:
1. Table the proposed revocation of 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, based on:
a) the sale of the business after the Planning Commission held a public
hearing and recommended revocation of CUP 2015-005 and DR 2015-
005; b) the new owner's agreement to abide by the conditions of
approval in CUP 2015-005 and DR 2015-005; and c) the new owner's
acknowledgment that he/she understands that the matter will be
agendized for possible revocation if the conditions of approval are
violated.
2. Direct staff to monitor the new owner's compliance with the conditions of
approval, and to agendize the matter for Planning Commission review
and recommendation in the future as needed.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Items 18)
18. 2017 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
OTHER BUSINESS/COMMITTEE REPORTS
ADJOURNMENT — The next meeting scheduled is on Tuesday, January 17, 2017 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 20, 2016
Meeting Agenda Page 9 of 9