HomeMy WebLinkAbout00 CC AGENDA 1.16.18 CITY OF TUSTIN REGULAR JANUARY 16, 2018
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 #2426
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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (Four Cases)
A. Property A portion of lots 19, KKK, and LLL of Tract No. 17404
Address/Description
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager & John Buchanan,
Director of Economic Development/Acting Director of
Finance
Negotiating Parties Michael Battaglia, CalAtlantic Group, Inc.
Under Negotiation Price and Terms of Payment
B. Property 370 Flyers Lane/APN 935-211-88
Address/Description
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager; Jerry Craig, Deputy
Director of Economic Development
Negotiating Parties First American Trustee Servicing Solutions
Under Negotiation Price and Terms of Payment
C. Property 11781 Outlook Lane
Address/Description
Agency City of Tustin
City Negotiations Jeffrey C. Parker, City Manager, Douglas S. Stack,
Director of Public Works/City Engineer, & Art
Valenzuela, Water Services Manager
Negotiating Parties Thomas Gaglio
Under Negotiation Price and Terms of Payment
D. Property 2061 Valhalla Drive
Address/Description
Agency City of Tustin
City Negotiations Jeffrey C. Parker, City Manager, Douglas S. Stack,
Director of Public Works/City Engineer, & Art
Valenzuela, Water Services Manager
Negotiating Parties Dr. Chong Sang Kim
Under Negotiation Price and Terms of Payment
4. LIABILITY CLAIMS - [Government Code § 54956.95] — (Three Cases)
A. Claim No. 17-38, Claim of Michael and Lisa Broome
B. Claim No. 17-45, Claim of Mercury Insurance
City Council January 16, 2018
Meeting Agenda Page 2 of 11
C. Claim No. 17-43, Claim of Richard Lincourt
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Government Code § 54957]
— One Case
A. Title: City Manager
REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2426
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE —
American Legion
PLEDGE OF ALLEGIANCE — Mayor Murray
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 12)
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 January 16, 2018
Meeting Agenda Page 3 of 11
2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL
HELD ON DECEMBER 19, 2017.
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on December 19, 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 amounts of
$726,736.66 and $1 ,283,546.28; and Demands in the amount of$2,752,552.31 .
4. AUTHORIZATION TO CANCEL THE MARCH 6, 2018 CITY COUNCIL
REGULAR MEETING AND SCHEDULE MARCH 7, 2018 AS AN
ALTERNATIVE TIME FOR THE CITY COUNCIL REGULAR MEETING
Due to an anticipated lack of quorum, staff recommends that the City Council
cancel the March 6, 2018 Regular City Council meeting and schedule the March
7, 2018 as an alternative time.
Recommendation: That the City Council
1 . Direct the City Clerk to post a Notice of Cancellation for the regularly
scheduled Council meeting of March 6, 2018. The City Council hereby
waives notice of said meeting as required by Government Code §54954;
and
2. Adopt Resolution No. 18-01 , authorizing an alternative time to conduct a
Regular City Council meeting on March 7, 2018.
RESOLUTION NO. 18-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AUTHORIZING AN ALTERNATIVE TIME TO CONDUCT A
REGULAR CITY COUNCIL MEETING
5. DISSOLUTION OF THE COUNTYWIDE PUBLIC FINANCING AUTHORITY
Member cities of the Countywide Public Financing Authority are moving forward
with the dissolution process for the Authority. The dissolution shall take effect
upon the concurrence of all members.
Recommendation: That the City Council adopt Resolution No. 18-04 approving
the dissolution of the Countywide Public Financing Authority.
City Council January 16, 2018
Meeting Agenda Page 4 of 11
RESOLUTION NO. 18-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING THE DISSOLUTION OF THE COUNTYWIDE PUBLIC
FINANCING AUTHORITY
6. APPROVE AMENDMENT NO. 4 TO AN AGREEMENT FOR BUS SHELTER
ADVERTISING AND MAINTENANCE WITH CLEAR CHANNEL OUTDOOR,
INC.
Clear Channel Outdoor maintains all bus shelters and concrete bus benches in
the City pursuant to an Agreement that generates revenue for the City. Staff is
requesting that the City Council approve the renewal of the Agreement for two (2)
years with an option for two (2) additional two-year extensions.
Recommendation: That the City Council approve Amendment No. 4 to the
Agreement with Clear Channel Outdoor, Inc. extending the contract for a period
of two years with an option for two (2) additional two-year extensions and
authorize the Mayor and City Clerk to execute the contract documents.
7. ADOPT RESOLUTION NO. 18-06 TO APPROVE CITY'S COMMITMENT TO
PROJECTS SUBMITTED FOR INCLUSION IN THE 2019 FEDERAL
TRANSPORTATION IMPROVEMENT PROGRAM
City Council adoption of Resolution No. 18-06 will certify that the City has
resources to fund projects submitted for inclusion in the 2019 Federal
Transportation Improvement Program (FTIP) and affirms its commitment to
implement all projects in the program. The FTIP is a capital listing of all
transportation projects proposed over a six-year period.
Recommendation: That the City Council adopt Resolution No. 18-06 certifying
and affirming its commitment to have the resources to fund the projects submitted
for inclusion in the 2019 Federal Transportation Improvement Program.
RESOLUTION NO. 18-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN WHICH
CERTIFIES THAT THE CITY HAS THE RESOURCES TO FUND THE
PROJECTS SUBMITTED IN THE FFY 2018/19 - 2023/24 FEDERAL
TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMS ITS
COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM
8. CITY COUNCIL APPROVAL OF AN AMENDED ADMINISTRATIVE BUDGET
AND AUTHORIZATION TO ENTER INTO A TWELFTH AMENDED
AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY FOR
ADMINISTRATIVE SUPPORT
City Council January 16, 2018
Meeting Agenda Page 5 of 11
City Council approval is requested of an amended Administrative Budget and
authorization for the City and Successor Agency to enter into a Twelfth Amended
Agreement for reimbursement of administrative support.
Recommendation: That the City Council approve and authorize the City to enter
into a Twelfth Amended Agreement for Reimbursement of Costs and
City/Successor Agency Operations Loan with the City acting as Successor
Agency to the Tustin Community Redevelopment Agency.
9. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION
SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM
Every two (2)years the City Council authorizes the use of the City's disbursement
of Assembly Bill (AB) 2766 funds to offset costs for State mandated vehicle
emission reduction programs implemented by the City of Tustin. This year the
City Council is being requested to allocate the Fiscal Year (FY) 2016/2017 and
FY 2017/2018 AB 2766 disbursements to partly fund the installation and
construction of pedestrian and traffic calming enhancements and improvements
in Old Town Tustin, which will be identified in the Tustin Downtown Commercial
Core Plan (the "Plan").
Recommendation: That the City Council authorize a total of$203,176, including
$105,629 in AB 2766 FY 2016/2017 turn-back funds, $96,900 in projected AB
2766 FY 2017/2018 turn-back funds, and $647 in interest income received
through investment of the turn-back funds, to be used/earmarked to partly fund
the installation and construction of future pedestrian, bicycle, and traffic calming
enhancements and improvements in Downtown Tustin, which will be identified in
the Plan.
10. APPLICATION FOR LAND AND WATER CONSERVATION FUND (LWCF)
GRANT
Authorization is requested to apply for a Land and Water Conservation Fund
(LWCF) grant administrated by the State of California Office of Grants and Local
Services for the construction of athletic amenities at the new Veterans Sports
Park at Tustin Legacy.
Recommendation: That the City Council adopt Resolution No. 18-02 approving
application for a Land and Water Conservation Fund (LWCF) Grant to pay for the
construction of athletic amenities at the new Veterans Sports Park at Tustin
Legacy.
RESOLUTION NO. 18-02
RESOLUTION OF THE CITY OF TUSTIN APPROVING THE APPLICATION
FOR LAND AND WATER CONSERVATION FUND VETERANS SPORTS PARK
PROJECT
City Council January 16, 2018
Meeting Agenda Page 6 of 11
11. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
Quarterly Report for the third quarter of 2017. The average noise level measured
at Tustin's monitoring station (NMS 1ON), located at Columbus Tustin Middle
School on Beneta Way (Figure 1 on the agenda report), remained consistent with
prior quarters during this third quarter reporting period. Average noise levels
during the third quarter remained well below the City, County, and State criteria
of 65 dB Community Noise Equivalent Level (CNEL) for residential uses.
Recommendation: That the City Council receive and file this report.
12. TRUSTEE'S SALE - AFFORDABLE HOME LOCATED AT 370 FLYERS LANE
The Tustin Housing Authority ("Authority") is seeking authorization to cure a
homeowner default under the City's Affordable Housing Program in the Tustin
Field I development.
Recommendation: That the Tustin Housing Authority Commission
("Commission") authorize the Tustin Housing Authority to purchase the low
income affordable housing unit at 370 Flyers Lane during the Trustee's Sale, and
also authorize the Executive Director, or his designee, execute any required
documents, as may be necessary to implement such action as recommended by
the City Attorney. The price and terms will be discussed in Closed Session.
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 13-14)
13. DEVELOPMENT AGREEMENT 2017-001, TENTATIVE TRACT MAP 18125,
AND DESIGN REVIEW 2017-012 FOR THE DEVELOPMENT OF 218
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
City Council January 16, 2018
Meeting Agenda Page 7 of 11
Commission adopted Resolution No. 4356 recommending that the City Council
approve the proposed project. On December 19, 2017, the City Council continued
the project to the January 16, 2018, public hearing at the request of City staff and
the applicant.
Recommendation: That the City Council:
1 . Introduce and have first reading by title only of Ordinance No. 1489 for DA
2017-001 to facilitate the development and conveyance of an approximate
20-acre site within the boundaries of the Tustin Legacy Specific Plan and
set the second reading of the ordinance for the next City Council meeting.
2. Adopt Resolution No. 17-57 approving TTM 18125 to subdivide an
approximate 20-acre site into eight (8) numbered lots and two (2) lettered
lots; and approving DR 2017-012 for the design and site layout of 218
residential condominium units, a community facility, and other
neighborhood amenities.
Environmental Review
On January 16, 2001 , the City of Tustin certified the program FEIS/EIR for the
reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council
adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the
extension of Tustin Ranch Road between Walnut Avenue and the future
alignment of Valencia north loop road. On April 3, 2006, the City Council adopted
Resolution No. 06-43 approving an Addendum to the FEIS/EIR and, on May 13,
2013, the City Council adopted Resolution No. 13-32 approving a Second
Addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution
No. 17-23 approving a second Supplement to the FEIS/EIR. The FEIS/EIR, along
with its addendums and supplements, is a program EIR under the California
Environmental Quality Act (CEQA). The FEIS/EIR, addendums and
supplementals considered the potential environmental impacts associated with
development on the former MCAS, Tustin.
An Environmental Checklist has been prepared and concluded that the proposed
actions do not result in any new significant environmental impacts or a substantial
increase in the severity of any previously identified significant impacts in the
FEIS/EIR. Moreover, no new information of substantial importance has surfaced
since certification of the FEIS/EIR.
ORDINANCE NO. 1489
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
APPROVING DEVELOPMENT AGREEMENT (DA) 2017-001 BETWEEN THE
CITY OF TUSTIN AND THE CALATLANTIC INC. TO FACILITATE THE
DEVELOPMENT OF 218 HOMES WITHIN NEIGHBORHOOD G OF THE MCAS
TUSTIN SPECIFIC PLAN.
City Council January 16, 2018
Meeting Agenda Page 8 of 11
RESOLUTION NO. 17-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP 18125 AND DESIGN
REVIEW 2017-012 FOR THE SUBDIVISION AND DEVELOPMENT OF 218
RESIDENTIAL CONDOMINIUM UNITS ON LOT 19 OF TRACT 17404 WITHIN
PLANNING AREA 15 OF NEIGHBORHOOD G OF THE TUSTIN LEGACY
SPECIFIC PLAN
14. REPORT AND ACCOUNT OF NUISANCE ABATEMENT COSTS RELATING
TO 14412 RAINTREE ROAD AND SPECIAL ASSESSMENT REQUEST FOR
UNPAID NUISANCE ABATEMENT COSTS INCURRED BY THE CITY OF
TUSTIN
Staff was notified that a private residence block wall at 14412 Raintree Road
constructed adjacent to a sidewalk (the residence occupies a corner lot) was
leaning and threatening to fall onto the adjacent sidewalk. The City's Building
Official inspected the wall and determined it to be an imminent life-safety concern.
Ms. Karen J. Calkins (the property owner) did not positively respond to City
requests that the wall be replaced (including actions taken by the City Attorney).
Consequently, the City obtained a court order, entered the property and replaced
the wall. The City Attorney submitted a bill to the property owner in September
2016 for reimbursement of the City's expenses. In addition, the Finance
Department billed the owner on three (3) separate occasions in 2017. To date,
the owner has not responded to the City's invoices. However, City staff worked
through the Franchise Tax Board to successfully recover all Code Enforcement
citation fines and penalties ($2,630.00). Tustin City Code (TCC) Section 5508
establishes a process that authorizes the Tustin City Council to assess the
property through a special assessment to recover the outstanding $22,555.17 of
the City's unpaid costs.
Recommendation: That the City Council:
1 . Conduct a public hearing;
2. Adopt Resolution No. 18-05, which approves, confirms and adopts the
report attached thereto as Exhibit "A";
3. Direct the City Clerk to cause the delivery of a certified copy of the Report
to the Orange County Auditor and to submit a certified copy of the
Resolution (with attachments) to the Orange County Recorder for
recordation; and
4. Order that the nuisance abatement costs set forth in the report be collected
as a special assessment against the subject property.
City Council January 16, 2018
Meeting Agenda Page 9 of 11
RESOLUTION NO. 18-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING AND CONFIRMING THE REPORT AND ACCOUNT
OF NUISANCE ABATEMENT COSTS RELATING TO CERTAIN REAL
PROPERTY LOCATED IN THE CITY OF TUSTIN AND REQUESTING THE
ORANGE COUNTY AUDITOR ADD THE UNPAID NUISANCE ABATEMENT
COSTS INCURRED BY THE CITY OF TUSTIN TO THE TAX ROLL FOR 14412
RAINTREE ROAD, CITY OF TUSTIN (ASSESSOR PARCEL NUMBER 432-434-
01).
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally proposals
for new legislation or items requiring discussion
(Agenda Items 15-17)
15. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED
JUNE 30, 2017
The City engages an independent certified public accounting firm to complete an
annual audit of the City's financial records. There are a number of reports such
as the Comprehensive Annual Financial Report (CAFR), produced as a result of
the annual audit and there are actions that are required by the City's governing
board (City Council) to meet the requirements of various auditing standards, such
as meeting with the auditing firm that conducted the audit to discuss the audit and
internal control issues.
Recommendation: That the City Council:
1 . Receive and file the CAFR for the year ended June 30, 2017.
2. Discuss the audit and internal controls with the independent certified public
accounting firm, White Nelson Diehl Evans LLP, who conducted the audit.
16. SECOND READING AND ADOPTION OF ORDINANCE NO. 1486
Ordinance No. 1486 amends Chapter 1 of Article 8 of the Tustin City Code and
adds Part 7 to Chapter 5 of Article 1 of the Tustin City Code relating to the
establishment of a Building Board of Appeals.
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1486.
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
City Council January 16, 2018
Meeting Agenda Page 10 of 11
7 TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATED TO
THE ESTABLISHMENT OF A BUILDING BOARD OF APPEALS.
17. SECOND READING AND ADOPTION OF ORDINANCE NO. 1490
Ordinance No. 1490 amends and restates 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: That the City Council have second reading by title only and
adoption of Ordinance No. 1490.
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.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCILMEMBER COMMENTS AND REPORTS
ADJOURNMENT — The next meeting is scheduled on Tuesday, February 6, 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.
City Council January 16, 2018
Meeting Agenda Page 11 of 11