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Home My WebLink About00 CC AGENDA 5.2.17 CITY OF TUSTIN REGULAR MAY 2, 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 #2411 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. LIABILITY CLAIMS [Government Code § 54956.95] — (5 Cases) a. Claim of Adolfo Campos, Claim No. 17-04 b. Claim of Rosario Meade, Claim No. 17-05 c. Claim of Bernardo Magana, Claim No. 17-09 d. Claim of Yesenia Gonzalez, Claim No. 17-10 e. Claim of Darlene Travis, Claim No. 17-13 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER— Meeting #2411 INVOCATION — Mayor Pro Tem Murray PLEDGE OF ALLEGIANCE — Councilmember Gomez CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS — o 2017 Miss Tustin and Court o Mental Health Awareness Month: The Norooz Clinic Foundation ORAL COMMUNICATION/PUBLIC INPUT — At this time, any member of the public may address the Council on matters which are not on this evening's agenda, provided the matter is within the subject matter 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 7) City Council May 2, 2017 Meeting Agenda Page 2 of 6 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 18, 2017. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on April 18, 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 $709,189.61; and Demands in the amount of$1,603,899.24. 4. ADOPT RESOLUTION NO. 17-14 TO ACCEPT IMPROVEMENTS FOR THE COUNCIL CHAMBER RENOVATIONS CONSTRUCTION PROJECT CIP NO. 10075 Construction of the Council Chamber Renovations Project (CIP No. 10075) has been completed to the satisfaction of the City Engineer and the project is now ready for City Council acceptance. Recommendation: That the City Council: 1. Adopt Resolution No. 17-14 accepting the construction of the Council Chamber Renovations Project (CIP No. 10075); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 17-14 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 COUNCIL CHAMBER RENOVATION PROJECT (CIP 10075) 5. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE City Council May 2, 2017 Meeting Agenda Page 3 of 6 AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2017-2018 ASSESSMENTS At the February 21, 2017 meeting, the City Council ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report has now been completed and is ready for City Council approval. Additionally, it is requested that the City Council declare its intention to levy annual assessments and set a public hearing for June 6, 2017. Recommendation: That the City Council: 1. Adopt Resolution No. 17-18 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2017-2018; and 2. Adopt Resolution No. 17-19 declaring its intention to levy annual assessments for Fiscal Year 2017-2018 and setting a public hearing for June 6, 2017. RESOLUTION NO. 17-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2017-2018 RESOLUTION NO. 17-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2017-2018 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF 6. ADOPT RESOLUTION NO. 17-15 TO APPROVE THE SUBMITTAL OF A MEASURE M2 TIER 1 ENVIRONMENTAL CLEANUP PROGRAM PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No 17-15 will approve submittal of the City's project application for Renewed Measure M funds (Measure M2) under the Environmental Cleanup Allocation Program, Tier 1 Grant Program for fiscal year 2017/2018. The City has prepared and submitted a project application to complete (CIP No. 50036). City Council May 2, 2017 Meeting Agenda Page 4 of 6 Recommendation: That the City Council adopt Resolution No 17-15 approving the submittal of the project application to the Orange County Transportation Authority (OCTA) for funding under the Renewed Measure M Environmental Cleanup Allocation Program, Tier 1 Grant Program 2017 Call for Projects. RESOLUTION NO. 17-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR CATCH BASIN RETROFIT PROGRAM 7. CANCELLATION OF THE SEPTEMBER 5, 2017 CITY COUNCIL MEETING Due to a lack of quorum, staff recommends cancellation of the September 5, 2017 Regular City Council meeting. Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting of September 5, 2017. The City Council hereby waives notice of said meeting as required by Government Code §54954. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 8-10) 8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1480 Ordinance No. 1480 is re-authorizing and re-stating Section 7945 as it presently exists. Recommendation: Have second reading by title only and adoption of Ordinance No. 1480 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 City Council May 2, 2017 Meeting Agenda Page 5 of 6 9. ORDINANCE ESTABLISHING FOUR YEAR TERMS AND TERM LIMITS FOR CITY COMMISSIONERS At the City Council's Strategic Plan Workshop on March 18, 2017, the Council directed staff to return with a proposed ordinance establishing four-year terms staggered every two years, and establishing term limits of two consecutive terms for each commissioner. The attached Ordinance 1481 would, if adopted, implement the Council's request for four-year terms and term limits and would clarify the City Code regarding Commissioner removal in the event of excessive absences from regular meetings. Recommendation: Conduct the first reading by title only of Ordinance 1481 and direct staff to schedule the Ordinance for second reading and adoption at the next regular meeting of the Council. ORDINANCE NO. 1481 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING AND RESTATING SECTION 1513 OF PART 1 OF CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATING TO CITY COMMISSION TERMS OF OFFICE 10. LEGISLATIVE UPDATE Staff has prepared an update of proposed key legislative items. Recommendation: At the direction of the City Council. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, May 16, 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 May 2, 2017 Meeting Agenda Page 6 of 6