HomeMy WebLinkAbout00 CC AGENDA 4.18.17 CITY OF TUSTIN REGULAR APRIL 18, 2017
MEETING OF THE CITY COUNCIL COMMUNITY CENTER
300 CENTENNIAL WAY, TUSTIN
Al Murray, Mayor Pro Tem Jeffrey C. Parker, City Manager
Rebecca Gomez, Councilmember Dr. Allan Bernstein, Mayor David E. Kendig, City Attorney
Charles E. Puckett, Councilmember Erica N. Rabe, City Clerk
Letitia Clark, Councilmember Jeffrey C. Parker, City Treasurer
CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER— Meeting #2410
ROLL CALL — City Clerk
PUBLIC INPUT — Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION UPDATE — City Attorney David E. Kendig
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)
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.
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,
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/Acting Director of Finance
Negotiating Parties Lincoln Property Company Commercial
Under Negotiation Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER— Meeting #2410
INVOCATION — Councilmember Clark
PLEDGE OF ALLEGIANCE — Mayor Bernstein
CLOSED SESSION REPORT — City Attorney David E. Kendig
PRESENTATION — Tustin Hangar Half Marathon Sponsorship
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 8)
City Council April 18, 2017
Meeting Agenda Page 2 of 9
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 APRIL 4, 2017.
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on April 4, 2017.
3. RATIFICATION OF PAYROLL AND DEMANDS
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 amount of
$735,879.56; and Demands in the amount of$2,135,273.64.
4. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE HERITAGE PARK PLAYGROUND
RENOVATION (CIP NO. 20078)
The Heritage Park Playground Renovation has been completed and the project
is ready for acceptance and filing of the Notice of Completion.
Recommendation:
1. Adopt Resolution No. 17-09 accepting the Heritage Park Playground
Renovation (CIP No. 20078), and
2. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's office.
RESOLUTION NO. 17-09
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 HERITAGE PARK PLAYGROUND RENOVATION (CIP NO. 20078)
5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
City Council April 18, 2017
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ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY
REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO.
70016
The plans and specifications for the Annual Roadway Rehabilitation and
Citywide Sidewalk Repair Project CIP No. 70016 have been prepared and the
project is now ready for bid.
Recommendation: That the City Council adopt Resolution No. 17-12
approving the plans and specifications for the Annual Roadway Rehabilitation
and Citywide Sidewalk Repair Project CIP No. 70016, and authorize the City
Clerk to advertise to receive bids.
RESOLUTION NO. 17-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE
ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR
PROJECT CIP NO. 70016 AND AUTHORIZING ADVERTISEMENT FOR BIDS
6. ADOPT RESOLUTION NO. 17-13 TO ACCEPT IMPROVEMENTS FOR THE
MOFFETT DRIVE (CIP NO. 70224) AND PARK AVENUE (CIP NO. 70225)
EXTENSION ROADWAY, GRADING AND STORM DRAIN CONSTRUCTION
PROJECT AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF
COMPLETION
Construction of the Moffett Drive (CIP No. 70224) and Park Avenue (CIP No.
70225) Extension, Roadway, Grading and Storm Drain Construction Project has
been completed to the satisfaction of the City Engineer and is now ready for
City Council acceptance.
Recommendation: The City Council take the following actions:
1. Adopt Resolution No. 17-13 accepting the construction of the Moffett
Drive (CIP No. 70224) and Park Avenue (CIP No. 70225) Extension,
Roadway, Grading and Storm Drain Construction Project; and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the Orange County Recorder's Office.
RESOLUTION NO. 17-13
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 MOFFETT DRIVE (CIP NO. 70224) AND PARK AVENUE (CIP NO.
70225) EXTENSION, ROADWAY, GRADING AND STORM DRAIN
CONSTRUCTION PROJECT
City Council April 18, 2017
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7. AUTHORIZATION TO ESTABLISH A SUPPLEMENTAL PENSION TRUST
WITH THE PUBLIC AGENCY RETIREMENT SERVICE (PARS)
The City is actively pursuing various solutions to reduce the unfunded liability for
employee pensions with CalPERS and for retiree medical benefits. One
alternative is to establish a Section 115 Trust which could be used to pre-fund
pension and retiree health care obligations.
Recommendation: Adopt the Resolution authorizing participation in the PARS
Post-Employment Benefits Trust Program to be administered by Public Agency
Retirement Services (PARS) and U.S. Bank, appointing the City Manager, or
his/her successor or his/her designee, as the City's Plan Administrator, and
authorizing the City Manager to execute the documents to implement the
Program.
8. POLICE DEPARTMENT VEHICLE PURCHASE
Three (3) Police Department gang unit vehicles and one (1) patrol vehicle are in
need of replacement. The Department has determined the need to purchase
four (4) Dodge Charger pursuit rated vehicles. Additionally, there will be a need
to award a contract for police equipment conversion work for the newly
purchased police units.
Recommendation:
1. The purchase of four (4) 2017 Dodge Charger pursuit rated vehicles from
Tustin Dodge in Tustin, California, in the amount of $107,375.48
(including tax, license, fees and delivery).
2. The purchase of police equipment conversion packages for the
conversion of four (4) 2017 Dodge Chargers from Hi-Standard
Automotive in Orange, California, in the amount of $34,270.03.
3. The additional change-over costs for four (4) 2017 Dodge Chargers from
one (1) additional vendor, Digital Magic Signs, in the amount of
$2,033.60 (graphic signs for vehicles).
4. The Public Works Department to dispose of the retired surplus vehicles
at the next available public auction and credit net proceeds to the
applicable City Revenue Fund.
PUBLIC HEARING ITEMS
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 9-10)
City Council April 18, 2017
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9. FISCAL YEAR 2017-18 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDING ALLOCATION, FISCAL YEAR 2017-18 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)
2017-18 Action Plan (Attachment A), which describes the activities that the City
will undertake during the program year. The Action Plan includes the program
budget for disbursement of Community Development Block Grant (CDBG)
funds. The City of Tustin has not yet received formal notification from HUD
regarding the 2017-18 funding allocation; however, based on prior years'
funding, the City anticipates receiving approximately $680,000 in CDBG
funding. On February 22, 2017, the Citizen Participation Committee conducted
a public hearing, received public input and testimony, and considered all public
service applications submitted. The Citizen Participation Committee has
provided a recommendation to the City Council regarding public service funding
allocations for Program Years 2017-18 (Year 1), 2018-19 (Year 2), and 2019-20
(Year 3).
Recommendation: That the City Council adopt Resolution No. 17-07
approving the PY 2017-18 Action Plan and funding allocation, and authorize
submission of the PY 2017-18 Action Plan to the U.S. Department of Housing
and Urban Development
RESOLUTION NO. 17-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING THE PROGRAM YEAR 2017-18 ACTION PLAN
AND FUNDING ALLOCATION FOR SUBMISSION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
10. APPEAL OF DESIGN REVIEW 2016-020 WITHDRAWN
On March 14, 2017, the Planning Commission adopted Resolution No. 4338,
approving Design Review (DR) 2016-020 to authorize a new front outdoor
seating area, add seating in the existing rear outdoor dining area and a parking
exception of three (3) parking spaces not provided on-site for the property
located at 140 E. Main Street.
On March 22, 2017, the property owners filed an appeal of the Planning
Commission's adoption of Resolution No. 4338 approving the project and
specifically stated that they do not agree with Conditions of Approval 1.5 and
2.19.
On April 6, 2017, the property owners submitted a written statement to the City
Clerk officially withdrawing their appeal of the Planning Commission action.
Notwithstanding the withdrawal, the owner verbally indicated he would not sign
the "Agreement to Conditions"; therefore, the project will not proceed as the
City Council April 18, 2017
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conditions will not be fulfilled.
Recommendation: That the City Council receive and file the report and
remove the item for consideration as requested by the property owner.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally proposals
for new legislation or items requiring discussion
(Agenda Items 11-14)
11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1478
Ordinance No. 1478 amends Tustin City Code sections 3141, 3152, 9270 and
9297 to update the City's business and land use regulations pertaining to
marijuana activity.
Recommendation: Have second reading by title only and adoption of
Ordinance No. 1478
ORDINANCE NO. 1478
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SECTIONS 3141, 3152, 9270
AND 9297 TO UPDATE THE CITY'S BUSINESS AND LAND USE
REGULATIONS PERTAINING TO MARIJUANA ACTIVITY.
12. APPROVAL OF A PURCHASE AND SALE AGREEMENT AND A LIGHT
POLE LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON
(SCE) FOR THE ACQUISITION OF SCE-OWNED STREET LIGHTS
In recent years, Southern California Edison (SCE) altered its long-standing
corporate policy and established a Street Light Acquisition Program to allow
local government agencies the opportunity to purchase SCE-owned street lights
within their jurisdictions, SCE currently owns approximately 3,300 street lights
throughout the City, of which over 97 percent are available for purchase. The
City applied for the program prior to SCE closing it in August 2015. A financial
analysis has been prepared to better understand the cost associated with
assuming ownership of the street light system. The findings indicate that it
would be in the best financial interest of the City to acquire the street lighting
system from SCE.
Recommendation: That the City Council take the following actions:
1. Approve the Purchase and Sale Agreement and No-Fee Light Pole
City Council April 18, 2017
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License Agreement with Southern California Edison for the acquisition of
SCE-owned streetlights in Tustin; and
2. Appropriate $1,300,000 from the Street Lighting Fund (Fund 142) and
$486,665 from the General Fund (Fund 100).
13. ADOPTION OF ORDINANCE NO. 1480 RE-AUTHORIZING AND RE-
STATING SECTION 7945 OF THE MUNICIPAL CODE
In 2008, the City Council adopted Ordinance No. 1355 which adopted Chapter
10 of Article 7 of the Tustin City code pertaining to State Franchise Holder. In
order to resolve any ambiguities with the Digital Infrastructure and Video
Competition Act of 2005 (DIVCA) the City Council is re-authorizing and re-
stating Section 7945 as it presently exists.
Recommendation: That the City Council introduce and have first reading of
Ordinance No. 1480, re-authorizing and re-stating Section 7945 of the Municipal
Code relating to collection of a public, education and government fee by State
Video Franchise holder and set a second reading for the next City Council
meeting.
ORDINANCE NO. 1480
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN RE-
AUTHORIZING AND RE-STATING SECTION 7945 OF THE MUNICIPAL
CODE RELATING TO COLLECTION OF A PUBLIC EDUCATION
GOVERNMENT FEE BY STATE VIDEO FRANCHISE HOLDER
14. 2017 COMMISSION APPOINTMENTS
On March 1, 2017, the terms for the following expired: Planning Commissioners
Austin Lumbard, Steve Kozak, and Ryder Smith; and Community Services
Commissioners Erin Moore, Donna Marsh Peery and Larry Sample. One
vacancy on the Audit Commission exists due to a resignation.
On January 17, 2017, the City Council appointed an ad hoc committee
consisting of Mayor Pro Tem Murray and Councilmember Gomez to interview
the candidates and make a recommendation to the full City Council. On March
27 2017 the ad hoc committee interviewed three candidates for the Audit
Commission, eight candidates for the Community Services Commission, and
twelve candidates for the Planning Commission.
Mayor Pro Tem Murray and Councilmember Gomez are recommending the
following applicants for Council's consideration:
Audit Commission (one vacancy)
1. Colin Deering, Business Taxes Specialist 1, California State Board of
City Council April 18, 2017
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Equalization
2. Lynda Jenkins, Senior Grant Writer/Facilitator, University of California,
Riverside
Community Services Commission (three vacancies)
1. Barry Cooper, Director of Marketing, NPG Asphalt
2. AJ Jha, Chief Executive Officer, Tustin Auto Gas Works
3. Jake Lowe, Site Manager, Clutter
4. Donna Marsh Peery, Retired Claims, Administrative, Agency Recruiting,
State Farm Insurance
5. Larry Sample, Retired Project Manager, RBF Consulting
Planning Commission (three vacancies)
1. Eddie Chang, President and Co-Founder, Consulting Firm, Proton Center
Development Corporation; Real Estate Broker, Independent Brokerage
Firm
2. Ryan Gallagher, PE Principal, KEH & Associations
3. Steve Kozak, Management Consultant, Kozak Consulting Group
4. Austin Lumbard, Project Manager, Fluor Corporation
5. Ronald Nestor, AIA, LEED AP, NCARB. Sr. Principal/Designer/Planner,
William Hezmalhalch Architects
6. Ryder Smith, President, Tripepi, Smith
Recommendation: Pleasure of the City Council.
OTHER BUSINESS/COMMITTEE REPORTS
ADJOURNMENT — The next meeting is scheduled on Tuesday, May 2, 2017 for the
Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in
the Community Center, 300 Centennial Way, Tustin, California.
City Council April 18, 2017
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