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Home My WebLink About01 CC AGENDA 7.18.17 CITY OF TUSTIN REGULAR JULY 18, 2017 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN i 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 #2416 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: WRITTEN MATERIALS — Materials that are distributed to a majority of the Council members, less than 72 hours prior to the Regular 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. AMERICANS WITH DISABILITIES ACT (ADA) - In compliance with the (ADA), those requiring accommodations for this meeting should notify the City Clerk's Office 72 hours prior to the meeting at (714) 573-3025. 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] — (2 cases) A. Property 434-021-22 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & Matthew S. West, Deputy City Manager Negotiating Parties Jeffrey Axtell, Vice President Acquisitions and Development, Vestar Development Company Under Negotiation Price and Terms of Payment B. Property 430-381-27, 28, 29, 30, 31, 32, 33, 35 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & Jerry Craig, Acting Deputy Director of Economic Development Negotiating Parties Laura Archuleta, President-Jamboree Housing Corporation and Patrick Kennedy, Owner-Panoramic Interests Under Negotiators Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2416 INVOCATION — Pastor Dane Counts PLEDGE OF ALLEGIANCE — Councilmember Clark City Council July 18, 2017 Meeting Agenda Page 2 of 8 CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS — o Orange County District Attorney's Office: Human Exploitation and Trafficking Unit 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) 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 JULY 5, 2017. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on July 5, 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 $746,236.21 ; and Demands in the amount of$1 ,517,084.35. 4. SUMMARY OF PROJECTS The following report provides a summary of projects and activities from the Community Development Department to the Tustin City Council. The report City Council July 18, 2017 Meeting Agenda Page 3 of 8 focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest. Recommendation: That the City Council receive and file this item. 5. APPROVE FINAL AS-BUILT/RECORD PLANS AND SPECIFICATIONS FOR THE TUSTIN RANCH ROAD AND IRVINE BOULEVARD STREET IMPROVEMENTS PROJECT AND ACCEPT COMPLETION OF THE IMPROVEMENTS To ensure final project close out for the Tustin Ranch Road/Irvine Boulevard Street Improvements Project, staff is requesting City Council approve the final as- built/record plans and specifications, including all contract change orders authorized by the City Engineer to complete the work; and to formally accept the project as complete to the satisfaction of the City Engineer. The project was designed and constructed by The Irvine Company on behalf of the City and funded entirely by two Assessment Districts (No. 97-16 and No. 97-17) established to mitigate impacts in the City of Tustin due to development by The Irvine Company in Lower Peters Canyon which is now built out as West Irvine in City of Irvine's Planning Area 4. Recommendation: That the City Council: 1 . Adopt Resolution No. 17-38 approving the final as-built/record plans and specifications, including all contract change orders authorized by the City Engineer to complete the Tustin Ranch Road/Irvine Boulevard Street Improvements Project; and 2. Accept the project as complete to the satisfaction of the City Engineer. RESOLUTION NO. 17-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING FINAL AS-BUILT/RECORD PLANS AND SPECIFICATIONS, INCLUDING ALL CONTRACT CHANGE ORDERS AUTHORIZED BY THE CITY ENGINEER TO COMPLETE THE WORK; AND TO FORMALLY ACCEPT THE PROJECT AS COMPLETE TO THE SATISFACTION OF THE CITY ENGINEER FOR THE TUSTIN RANCH ROAD AND IRVINE BOULEVARD STREET IMPROVEMENTS PROJECT 6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT OF BIDS FOR THE EL CAMINO REAL/JAMBOREE ROAD MEDIAN MODIFICATIONS AND STRIPING REVISIONS PROJECT CIP NO. 70238 City Council July 18, 2017 Meeting Agenda Page 4 of 8 The plans and specifications for the EI Camino Real/Jamboree Road Median Modifications and Striping Revisions Project CIP No. 70238 have been prepared and the project is now ready for bid. Recommendation: That the City Council: 1 . Adopt Resolution No. 17-37 approving the plans and specifications for the EI Camino Real/Jamboree Road Median Modifications and Striping Revisions Project CIP No. 70238; and; 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 17-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE EL CAMINO REAL/JAMBOREE ROAD MEDIAN MODIFICATIONS AND STRIPING REVISIONS PROJECT CIP NO. 70238 AND AUTHORIZING ADVERTISEMENT FOR BIDS 7. ADOPTION OF RESOLUTION NO. 17-42 APPROVING A DEBT MANAGEMENT POLICY REQUIRED BY SENATE BILL 1029 In the audit recommendation letter from White, Nelson, Diehl, Evans, LLP, for the fiscal year 2016 audit, the recommendation was made to implement a debt management policy. During the review of the overall internal control environment of the City, they noted that the City did not have a formal written policy regarding debt management. Then, in September 2016, the Governor signed Senate Bill (SB) 1029 (California Debt and Investment Advisory Commission: Accountability Reports) into law. Senate Bill 1029 requires issuers of public debt to adopt a Debt Management Policy to provide guidance in the issuance and management of their debt. Effective January 1 , 2017, Government Code section 8855(1) requires any issuer of public debt to provide the California Debt and Investment Advisory Commission (CDIAC), no later than 30 days prior to the sale of any debt issue, a report of the proposed issuance which includes notification to CDIAC that the issuing agency has adopted debt policies concerning the use of debt and that the proposed debt is consistent with those policies. The proposed Debt Management Policy is required to be in place prior to any issuance of bonds and other debt obligations. Recommendation: That the City Council adopt Resolution No.17-42 approving the Debt Management Policy as required by Senate Bill 1029. The proposed Debt Management Policy is consistent with Government Code section 8855(1) requirements and is also consistent with GFOA's (Government Finance Officer Association) recommendations and reflects objectives that establish parameters for the issuance and administration of City debt. City Council July 18, 2017 Meeting Agenda Page 5 of 8 RESOLUTION NO. 17-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING A DEBT MANAGEMENT POLICY 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 8) 8. CODE AMENDMENT 2017-005 (ORDINANCE NO. 1476), EXPEDITED PERMITTING PROCEDURES FOR ELECTRIC VEHICLE CHARGING STATIONS California Assembly Bill (AB) 1236 requires that local governments adopt an ordinance by September 30, 2017, that creates an expedited permitting process for electric vehicle charging stations. The State hopes that removing barriers to electric vehicle charging stations installation and use, would help the State reach its renewable energy and greenhouse gas reduction goals. Ordinance No. 1476 has been prepared to comply with State law. Recommendation: That the City Council introduce and read by title only Ordinance No. 1476, adding Chapter 3 to Article 8 of the Tustin City Code (TCC), proposing to establish an expedited permitting process for electric vehicle charging stations as required by AB 1236; and set the matter for second reading. ORDINANCE NO. 1476 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADDING CHAPTER 3 TO ARTICLE 8 OF THE TUSTIN CITY CODE RELATING TO EXPEDITED PERMITTING PROCEDURES FOR ELECTRIC VEHICLE CHARGING STATIONS. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 9 through 12) 9. HOMELESSNESS IN ORANGE COUNTY AND THE CITY OF TUSTIN A month ago, a number of citizens attended the City Council meeting seeking information expressing concerns and asking what they could do to help the City City Council July 18, 2017 Meeting Agenda Page 6 of 8 in dealing with the homeless population in our community and the Civic Center in particular. In an effort to inform our citizens about the issue of homelessness in our community and the County and to provide information as to the number of actions taken by the City through its various departments to address the homeless issue not only here but at a regional level, staff has prepared the following report. Recommendation: Review staff report and recommend any modifications to current City approaches for addressing homelessness in Tustin and the County. 10. AWARD PROFESSIONAL SERVICES CONTRACT FOR ENTERPRISE APPLICATIONS SOFTWARE ASSESSMENT STUDY INCLUDING AN ENTERPRISE SOFTWARE PLAN Staff requests that the City Council award the professional services contract to ClientFirst Consulting Group, LLC (ClientFirst) in the preparation of an Enterprise Applications Software Assessment Study including an Enterprise Software Plan. Recommendation: That the City Council: 1 . Award the professional services contract to ClientFirst Consulting Group, LLC for the Enterprise Applications Software Assessment Study including an Enterprise Software Plan; and 2. Authorize the City Manager to execute a Professional Services Contract on behalf of the City with ClientFirst Consulting Group, LLC. 11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1482 Ordinance No. 1482 adopts the Specific Plan Amendment 2015-01 which changes the mix and layout of land uses, introduces mixed-use transit and mixed- use urban, and allows 2,212 additional homes and 1 ,755,306 fewer square feet of nonresidential building space. Recommendation: Have second reading by title only and adoption of Ordinance No. 1482. ORDINANCE NO. 1482 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2015-01 TO FACILITATE THE DEVELOPMENT, CONVEYANCE, AND IMPLEMENTATION OF TUSTIN LEGACY NEW VISION CONCEPT. 12. FIFTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT City Council July 18, 2017 Meeting Agenda Page 7 of 8 Adoption of the attached Resolution will amend the terms and conditions of employment for the City Manager. Recommendation: That the City Council adopt Resolution 17-41 approving Amendment No. 5 to the Employment Agreement with the City Manager and authorize the Mayor to execute the Amendment. RESOLUTION NO. 17-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING AMENDMENT NO. 5 TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, August 1 , 2017 Regular Business Meeting at 7:00 p.m., and Closed Session Meeting to follow in the Council Chamber, 300 Centennial Way, Tustin, California. City Council July 18, 2017 Meeting Agenda Page 8 of 8