HomeMy WebLinkAbout00 CC AGENDA 3.7.18 CITY OF TUSTIN REGULAR MARCH 7, 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
AND TUSTIN HOUSING AUTHORITY
5:30 P.M.
CALL TO ORDER — Meeting #2429
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. LIABILITY CLAIMS - [Government Code § 54956.95] — (One case)
A. Claim No. 17-26, Claim of Won K. Baek
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (One Case)
A. Property 1941 EI Camino Real, APN: 500-071-12
Address/Description
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager; Elizabeth Binsack,
Director of Community Development; and Jerry
Craig, Deputy Director of Economic Development
Negotiating Parties Family Promise of Orange County, Melody Mosley -
President
Under Negotiation Price and Terms of Payment
5. LABOR NEGOTIATIONS — [Government Code § 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
City Council March 7, 2018
Meeting Agenda Page 2 of 8
REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2429
INVOCATION — Pastor Dane Counts
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 5)
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 FEBRUARY 20, 2018.
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on February 20, 2018.
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.
City Council March 7, 2018
Meeting Agenda Page 3 of 8
Recommendation: That the City Council approve Payroll in the amounts of
$728,317.77; and Demands in the amount of$3,830,921 .80.
4. APPROVE A GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA GAS
COMPANY OVER A PORTION OF THE FUTURE FLIGHT WAY (PRIVATE
ROAD) SERVING THE FLIGHT OFFICE DEVELOPMENT AT TUSTIN LEGACY
Ongoing construction of the Flight Phase 1 office campus at Tustin Legacy
necessitates the provision of an easement for gas service to the development.
Gas service lines are to be provided within the private road of Flight Way which
traverses both Phase 1 and 2 of the Flight development. The owners of Phase 1
will record of grant of easement to the Southern California Gas Company (Gas
Co.) for portions of the gas line within Phase 1; whereas the City of Tustin, being
the owner of Phase 2, will need to record a grant of easement to the Gas Co.
within the Phase 2 portion of Flight Way for the purposes of providing gas service
to the Flight development.
Pursuant to the Disposition and Development Agreement (DDA) between Flight
Venture, LLC (Flight Developer) and the City of Tustin originally entered into on
November 15, 2016, as amended, The Flight Developer has the Option to
purchase the Phase 2 property from the City. The proposed gas service will
benefit both Phase 1 and 2 of the Flight development regardless of whether or
not the Flight Developer exercises the Option to purchase Phase 2.
Recommendation: That the City Council authorize the Mayor and City Clerk to
execute a grant of easement to the Gas Co. over a portion of Parcel 2 of Parcel
Map No. 2015-168 as shown on the attached easement document exhibit for the
purposes of installation and maintenance of gas facilities.
5. APPROVAL OF OPERATOR SERVICES AGREEMENT FOR CARNIVAL
RIDES AND CONCESSION SERVICES FOR THE TUSTIN TILLER DAYS
FESTIVAL
Approval of an Operator Services Agreement between the City of Tustin and
Guadagno and Sons Amusements to provide the City with carnival rides and
concession services for the Tustin Tiller Days Festival.
Recommendation: Authorize the Mayor and the City Clerk to execute an
Operator Services Agreement with the firm Guadagno and Sons Amusements for
the 2018 Tustin Tiller Days Festival and two optional one year extensions.
REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion. (Agenda Items 6-11)
City Council March 7, 2018
Meeting Agenda Page 4 of 8
6. FIRST READING OF ORDINANCE NO. 1494 TO AMEND TUSTIN CITY CODE
SECTION 5331n TO ESTABLISH PREFERENTIAL PERMIT ONLY PARKING
IN THE OLD TOWN RESIDENTIAL AREA AND ADOPT POLICY,
PROCEDURES, AND A PERMIT FEE
During the past several years, Old Town residents have expressed concerns
about the impacts related to an increase in on-street parking in the Old Town
residential area, and the City Council has directed staff to address these
concerns.
On February 20, 2018, the City Council considered two (2) alternative permit
parking programs for the Old Town residential area and directed staff to set the
required ordinance for first reading, develop associated guidelines, and
implement permit parking in the Old Town residential area in accordance with
Alternative Two.
Recommendation: That the City Council:
1 . Introduce and have first reading of Ordinance No. 1494 to establish
preferential permit only parking in the Old Town residential area, and set
a second reading at the March 20, 2018, City Council meeting; and,
2. Adopt Resolution No. 18-14, approving the Policy and Procedures and
establishing a permit fee for Preferential Permit Parking on Public Streets
within the Old Town Residential Area.
ORDINANCE NO. 1494
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n TO
ESTABLISH PREFERENTIAL PERMIT ONLY PARKING IN THE OLD TOWN
RESIDENTIAL AREA
RESOLUTION NO. 18-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING POLICY AND PROCEDURES FOR
PREFERENTIAL PERMIT PARKING ON PUBLIC STREETS WITHIN THE OLD
TOWN RESIDENTIAL AREA AND ESTABLISHING THE FEE FOR THE
PARKING PERMITS
7. APPROVE CREATION OF COMMUNITY FACILITIES DISTRICT 18-01
Establish Community Facilities District (CFD) 18-01 for services at Tustin Legacy
by approving the associated documents.
Recommendation: That the City Council take the following actions:
City Council March 7, 2018
Meeting Agenda Page 5 of 8
1 . Accept and ratify the Petition to Create a Community Facilities District
requested by the landowner (City) signed by the City Manager as the
authorized agent of the City; and
2. Adopt Resolution No. 18-15, a resolution designating Improvement
Area No. 1 of Community Facilities District 18-01 and authorizing the
levy of a special tax within said Improvement Area.
RESOLUTION NO. 18-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, OF ITS INTENTION TO FORM CITY OF TUSTIN COMMUNITY
FACILITIES DISTRICT NO. 2018-01 (PUBLIC SERVICES), DESIGNATING
IMPROVEMENT AREA NO. 1 OF CITY OF TUSTIN COMMUNITY FACILITIES
DISTRICT NO. 2018-01 (PUBLIC SERVICES) THERIN, AND AUTHORIZING
THE LEVY OF A SPECIAL TAX WITHIN SAID IMPROVEMENT AREA
8. AUTHORIZATION TO CURE HOMEOWNER DEFAULT AND SELL CITY OF
TUSTIN-OWNED AFFORDABLE HOME AT 370 FLYERS LANE AT MARKET
RATE
The Tustin Housing Authority ("Housing Authority") is seeking authorization to
cure homeowner default and sell the City of Tustin-owned affordable home at 370
Flyers Lane at market rate.
Recommendation: It is recommended the Tustin Housing Authority
Commission:
1 . Authorize the Housing Authority to Cure the Homeowner Default and Sell
the City of Tustin-Owned low income affordable home at 370 Flyers Lane,
located in the Tustin Field I development, at a market rate price; and
2. Authorize the Housing Authority Executive Director, or his designee, to
negotiate a sales price at the market rate; and
3. Direct the Housing Authority Executive Director to schedule a Closed
Session Meeting when a prospective purchaser is identified in order to
receive Commission approval for the negotiated sale.
9. FISCAL YEAR 2017-2018 MID-YEAR BUDGET REVIEW
The following is staff's review of the City's first seven (7) months of operations
under the adopted/amended FY 2017-18 Budget. Revenues and expenditures
for each fund were reviewed and adjusted based on the current economic climate,
and projected expenditures reflect costs to date, service needs, and the timing of
when funds would be expended.
City Council March 7, 2018
Meeting Agenda Page 6 of 8
Recommendation: It is recommended that the City Council approve these
supplemental appropriations:
1 . Approve a supplemental appropriation and transfer of $6,578,023 from
unappropriated reserves of the General Fund to a separate fund to be used
towards the pre-payment of unfunded pension or pre-fund a Section 115
Trust for pension or OPEB liabilities;
2. Approve a supplemental appropriation of$82,575 from the unappropriated
reserves of the General Fund for expenditures associated with contracted
professional services with City Net;
3. Approve a supplemental appropriation of$40,000 from the unappropriated
reserves of the Street Lighting Fund for anticipated repair and
maintenance work on streetlights;
4. Approve a supplemental appropriation of$15,943 from the unappropriated
reserves of the Workers' Compensation Fund for expenditures associated
with insurance premiums;
5. Approve a supplemental appropriation of $1 ,439,563 from the
unappropriated reserves of the Liability Fund for expenditures associated
with claims paid;
6. Approve a supplemental appropriation of $156,000 from the
unappropriated reserves of the Capital Projects Fund (Fund 200) for
expenditures associated with HVAC improvements to the Police
Department Property Room;
7. Approve a supplemental appropriation of$80,034 from the unappropriated
reserves of the Community Facilities District (CFD) 06-1 Construction
Fund for expenditures associated with Legacy Avenue extension;
8. Approve a supplemental appropriation of $141 ,561 from the
unappropriated reserves of the Community Facilities District (CFD) 07-1
Construction Fund for expenditures associated with Park Avenue
improvements at the District;
9. Approve a supplemental appropriation of$20,980 from the unappropriated
reserves of the Tustin Housing Authority Fund for expenditures associated
with additional affordable housing activities throughout the City.
10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1492
Ordinance No. 1492 amends the Tustin City Code by establishing compensation
and terms of office for the Building Board of Appeals.
City Council March 7, 2018
Meeting Agenda Page 7 of 8
Recommendation: Have second reading by title only and adoption of Ordinance
No. 1492.
ORDINANCE NO. 1492
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AMENDING ARTICLE 1 , CHAPTER 5 OF THE TUSTIN CITY
CODE REGARDING COMMISSIONER AND BOARD MEMBER
COMPENSATION AND TERMS
11. LEGISLATIVE UPDATE
Staff has prepared an update of proposed key California legislative items for
2018.
Recommendation: Direction of the City Council.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCILMEMBER COMMENTS AND REPORTS
ADJOURNMENT — The next meeting is scheduled on Tuesday, March 20, 2018 for the
Closed Session Meeting 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 March 7, 2018
Meeting Agenda Page 8 of 8