HomeMy WebLinkAbout00 CC AGENDA 12.19.17CITY OF TUSTIN REGULAR
DECEMBER 19, 2017
MEETING OF THE CITY COUNCIL
COUNCIL CHAMBER
AND TUSTIN HOUSING AUTHORITY
300 CENTENNIAL WAY, TUSTIN
Rebecca Gomez, Mayor Pro Tem
Jeffrey C. Parker, City Manager/
Dr. Allan Bernstein, Councilmember
Al Murray, Mayor City Treasurer
Charles E. Puckett, Councilmember
Erica N. Rabe, City Clerk
Letitia Clark, Councilmember
David E. Kendig, City Attorney
CLOSED SESSION MEETING
OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — Meeting #2425
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):
(Two Cases)
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.
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (Two Cases)
3. LABOR NEGOTIATIONS - [Government Code Section 54957.6]
Agency Negotiators:
Derick Yasuda, Director of Human Resources and Peter
Brown, Liebert Cassidy Whitmore
Employee Organization:
Tustin Municipal Employees Association (TMEA)
Employee Organization:
Tustin Police Officers Association—Management Unit
(TPMA)
Employee Organization:
Tustin Police Officers Association—Officer Unit (TPOA)
Employee Organization:
Tustin Police Support Service Association (TPSSA)
Employee Organization:
Unrepresented Confidential Employees
Employee Organization:
Unrepresented Supervisory Employees
Employee Organization:
Unrepresented Executive Management and Management
Employees
Employee Organization:
Unrepresented Part -Time Employees
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (One Case)
A. Property 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
Address/Description 30, 31, 32, 33, 61, 62, 63, 64, 65, 66, 67, 68
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager & John Buchanan,
Director of Economic Development/Acting Director of
Finance
Negotiating Parties OliverMcMillan/Brookfield Huntley/Tustin Legacy LLC
Under Negotiation Price and Terms of Payment
City Council December 19, 2017
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REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2425
INVOCATION —
PLEDGE OF ALLEGIANCE — Mayor Murray
PRESENTATIONS —
■ Recognition of Dr. Allan Bernstein for service as the 2017 Mayor
■ Mayor Murray's 2018 Goals
CLOSED SESSION REPORT — City Attorney David E. Kendig
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 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.
City Council December 19, 2017
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2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL
HELD ON DECEMBER 5, 2017.
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on December 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
$725,438.43 and Demands in the amount of $4,469,740.65.
4. HOUSING SUCCESSOR AGENCY ANNUAL REPORT FOR FISCAL YEAR
2016-2017
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:
That the Tustin Housing Authority Commissioners take the following actions:
o Receive and file the Housing Successor Agency Annual Report for Fiscal
Year ("FY") 2016-2017 and transmit such report to the Tustin City Council.
That the City Council take the following actions:
o Receive and file the Housing Successor's Annual Report for FY 2016-
2017.
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. APPROVAL OF PRE -QUALIFIED GENERAL CONTRACTORS AND ADOPT
RESOLUTION NO. 17-58 TO APPROVE PLANS AND SPECIFICATIONS FOR
BIDS FOR THE CONSTRUCTION OF TUSTIN EMERGENCY OPERATION
CENTER AND CORPORATE YARD PROJECT (CIP No. 10067)
The general contractors for construction of Tustin Emergency Operations Center
and Corporate Yard Project (CIP No. 10067) have been pre -qualified and are
ready to be approved as eligible to bid the project. Also, the plans and
City Council December 19, 2017
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specifications for construction for the project have been completed and are ready
to be bid.
Recommendation: That the City Council:
1. Approve the eligible pre -qualified general contractors as identified to bid
the construction of the Tustin Emergency Operations Center and
Corporate Yard Project CIP No. 10067.
2. Adopt Resolution No. 17-58 approving the plans and specifications for
construction of the Tustin Emergency Operations Center and Corporate
Yard Project CIP No. 10067, and authorize the City Clerk to advertise to
receive bids from the five pre -qualified general contractors.
RESOLUTION NO. 17-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN
EMERGENCY OPERATION CENTER AND CORPORATE YARD PROJECT CIP
No. 10067 CONSTRUCTION PROJECT AND AUTHORIZING
ADVERTISEMENT FOR BIDS
6. APPROVE AGREEMENT WITH TANKO STREETLIGHTING
On August 4, 2015, the City Council authorized the City's participation in Southern
California Edison's Street Light Acquisition Program. SCE provided the City with
a valuation of all assets in their inventory that were available for purchase. A
financial analysis was completed and found purchasing the street lights and
subsequent conversion to LED fixtures would result in significant annual savings.
On April 18, 2017, the City Council approved a Purchase and Sale Agreement
with SCE for the Acquisition of SCE -Owned Street Lights. Staff is now requesting
that the City Council approve an agreement with Tanko Streetlighting (DBA
Tanko Lighting) for the design and conversion of the street lights from high
pressure sodium to energy efficient LED.
Recommendation: That the City Council award the agreement for the LED
Streetlight Conversion Project (CIP No. 10079) to Tanko Streetlighting in the
amount of $1,126,855.05 and authorize the Mayor and the City Clerk to execute
the contract documents of behalf of the City.
7. 2018 LOCAL APPOINTMENTS LIST
Prior to December 31 st of each year, the Maddy Act requires municipal agencies
to prepare and post a listing of all Commission/Committee vacancies for the
upcoming year.
City Council December 19, 2017
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Recommendation: Approve the 2018 Local Appointments List for the Planning,
Community Services, Audit Commissions and Successor Agency to the Tustin
Community Redevelopment Agency and post notice as required by law.
8. 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 $1,222,756.
Recommendation: That the Tustin City Council Adopt Resolution No. 17-59,
adopting the Measure M2 Expenditure Report for Fiscal Year 2016-2017
(attached to the staff report) and direct staff to file the report with the Orange
County Transportation Authority.
RESOLUTION NO. 17-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, THE ANNUAL MEASURE M2 FAIRSHARE EXPENDITURE
REPORT FOR FISCAL YEAR 2016-2017
9. APPROVAL OF PRE -QUALIFICATION PACKAGE FOR CONSTRUCTION OF
THE VETERANS SPORTS PARK AT TUSTIN LEGACY PROJECT, CIP NO.
20043
Staff has prepared a Pre -Qualification Package for construction of the Veterans
Sports Park at Tustin Legacy Project, CIP No. 20043. The package includes a
standard questionnaire and financial statement, a uniform system of rating
bidders based upon objective criteria, and an appeal procedure which will allow
a contractor to appeal decisions that they are not qualified to bid on this project.
Recommendation: That the City Council approve the Pre -Qualification Package
for construction of the Veterans Sports Park at Tustin Legacy Project, CIP No.
20043.
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 Items 10-11)
City Council December 19, 2017
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10. ORDINANCE NO. 1486 RELATED TO THE ESTABLISHMENT OF A
BUILDING BOARD OF APPEALS
The Building Board of Appeals is a City Council -established Board required to
hear appeals of determinations made by the City's Building Official. Currently, the
Tustin Planning Commission has been assigned to perform the role of the
Building Board of Appeals. Because of the technical nature of Building Official
determinations, Section 113.1 of the California Building Code requires the
Building Board of Appeals to be composed of members "who are qualified by
experience and training to pass on matters pertaining to building construction and
are not employees of the jurisdiction." In addition, Health and Safety Code
Section 19957.5 states that appeal boards considering appeals related to "access
to public accommodations by physically handicapped persons" shall include two
(2) members, experienced in construction, that are physically disabled. Because
members of the Planning Commission may not be technically experienced or
trained in the interpretation of Building Codes, or experienced in construction, it
may be more desirable to establish an independent Board of Appeals.
At the 2017 Strategic Planning Workshop, the City Council suggested that staff
prepare an Ordinance that would establish the Building Board of Appeals
independent of the Planning Commission. The establishment of a separate
Building Board of Appeals would also create an additional opportunity for Tustin
residents to serve on a City Board or Commission.
Recommendation:
1. That the City Council introduce and have first reading of Ordinance No.
1486; and set a second reading for the next City Council meeting.
2. Direct the City Clerk to advertise for citizen applicants to fill the newly
established Building Board of Appeals, and to schedule City Council
interviews once recruitment is complete.
3. Direct the Director of Community Development to provide
recommendations on applicant qualifications and level of compliance with
the California Codes.
ORDINANCE NO. 1486
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA ADOPTING CODE AMENDMENT 2017-007 AMENDING
CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN CITY CODE AND ADDING PART
7 TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATED TO
THE ESTABLISHMENT OF A BUILDING BOARD OF APPEALS.
11. DEVELOPMENT AGREEMENT 2017-001, TENTATIVE TRACT MAP 18125,
AND DESIGN REVIEW 2017-012 FOR THE DEVELOPMENT OF 218
City Council December 19, 2017
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RESIDENTIAL CONDOMINIUM UNITS WITHIN NEIGHBORHOOD G, TUSTIN
LEGACY SPECIFIC PLAN (TRACT 17404 - LOT 19)
The project is a request to construct 218 residential condominium units, a focal
park, and other neighborhood amenities. The site is located within Planning Area
15 (Neighborhood G) of the Tustin Legacy Specific Plan and generally bounded
by future Moffett Drive to the north, Park Avenue to the east, Victory Road to the
south, and Tustin Ranch Road to the west. The proposed project requires
approval of Development Agreement (DA) 2017-001, Tentative Tract Map (TTM)
18125, and Design Review (DR) 2017-012. On November 28, 2017, the Planning
Commission adopted Resolution No. 4356 recommending that the City Council
approve the proposed project.
The City and the applicant are requesting the City Council to continue the item to
January 16, 2018, to allow respective attorneys to finalize the real estate
transaction documents related to the project.
Applicant: CalAtlantic Inc. Property Owner: City of Tustin
Recommendation: That the City Council open the public hearing and continue
the item to the January 16, 2018, meeting.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally proposals
for new legislation or items requiring discussion
(Agenda Items 12-15)
12. AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF
TUSTIN LIBRARY RESTORATION PROJECT (CIP No. 10080)
On March 31, 2017, the County of Orange discovered a water leak at the Tustin
Library. Preliminary abatement occurred following the discovery and extensive
repairs are needed. The bid documents are complete for the Tustin Library
Restoration Project, CIP No. 10080, and the project is ready to be advertised
accordingly. Bid documents consist of the original plans and specifications
approved by the City Council prior to construction of the library and the damage
assessment report completed by Young and Associates, the City's insurance
carrier claim adjustor's building damage assessment consultant.
Recommendation: That the City Council approve the bid documents, authorize
the advertisement for construction of the Tustin Library Restoration Project CIP
No. 10080, and authorize the City Clerk to advertise to receive bids.
13. FIRST READING OF ORDINANCE NO. 1490 AMENDING SUBSECTION (E)
OF SECTION 1611 OF THE TUSTIN CITY CODE
City Council December 19, 2017
Meeting Agenda Page 8 of 10
Ordinance No. 1490 would, if adopted, amend Subsection (e) of Section 1611 of
the City Code concerning the drawing of checks, orders and warrants upon the
City Treasury to reflect the Finance Department's exclusive use of electronic
signatures. The proposed Code amendment would also identify the Finance
Director as an authorized signatory on City checks, orders and warrants and to
remove the Chief Deputy City Clerk from the list of authorized signatories.
Additionally, the proposed Code amendment would update a reference to the
former Tustin Community Redevelopment Agency.
ORDINANCE NO. 1490
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING AND RESTATING SUBSECTION (E) OF SECTION
1611 OF PART 1 OF CHAPTER 6 OF ARTICLE 1 OF THE TUSTIN CITY CODE
RELATING TO CHECKS AND WARRANTS.
Recommendation: Conduct the first reading by title only of Ordinance No. 1490
and direct staff to schedule the Ordinance for second reading and adoption at the
next regular meeting of the Council.
14. ADOPTION OF A REVISED CITYWIDE RECORDS RETENTION SCHEDULE
AND E-MAIL POLICY
Staff is proposing the adoption of a revised Records Management Program,
specifically its Records Retention Schedule, and adoption of the City's E-mail
Policy.
Recommendation: That the City Council:
1. Adopt Resolution No. 17-51, amending the City's Records Retention
Schedule; and
2. Adopt the City's E-mail Policy with an effective date of April 1, 2018.
RESOLUTION NO. 17-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING A RECORDS RETENTION SCHEDULE,
AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS, AND
RESCINDING PREVIOUS RESOLUTION NO. 01-91
15. 2018 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:
City Council December 19, 2017
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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/CITY MANAGER AND CITY ATTORNEY
COUNCILMEMBER COMMENTS AND REPORTS
ADJOURNMENT — The next meeting is scheduled on Tuesday, January 16, 2018 for the
Closed Session Meeting tentatively at 5:30 p.m. and the Regular Business Meeting at 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. Please note: The
Regular Business Meeting scheduled on January 2, 2018 has been cancelled due to a
lack of quorum.
City Council December 19, 2017
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