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Home My WebLink About00 CC AGENDA 3.20.18CITY OF TUSTIN REGULAR MARCH 20, 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 #2430 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]: (One Case) A. Property 150 E. 1st Street, APN: 401-583-01 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager; and Jerry Craig, Deputy Director of Economic Development Negotiating Parties Tustin War Memorial, Inc., Al Potenza, CEO Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2430 INVOCATION — Pastor Seth Britton PLEDGE OF ALLEGIANCE — Mayor Pro Tem Gomez 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. PRESENTATIONS — o Congresswoman Mimi Walters: Presentation of the United States Flag to the Tustin Police Department in honor of Master Reserve Officer Delbert Glen Pickney o Hoag Health Center 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 City Council March 20, 2018 Meeting Agenda Page 2 of 6 wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 1 through 4) 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 MARCH 7, 2018 AND CLOSED SPECIAL MEETING OF THE CITY COUNCIL HELD ON MARCH 7, 2018. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on March 7, 2018 and Closed Special Meeting of the City Council held on March 7, 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. Recommendation: That the City Council approve Payroll in the amounts of $744,873.63; and Demands in the amount of $3,917,001.49. 4. 2017 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION MONITORING STATUS REPORT FOR FEIS/EIR FOR MCAS TUSTIN SPECIFIC PLAN The California Government Code requires that the Planning Commission provide an annual progress report to the City Council on the status of the City's General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing development, maintenance, and improvement. In addition, the City Council certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of MCAS Tustin along with its Supplemental and Addendums. The FEIS/EIR evaluated the environmental impacts of the reuse and disposal of MCAS -Tustin, which included the adoption of a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP requires annual review to ensure compliance with required mitigations. On March 13, 2018, the Planning Commission reviewed the General Plan Annual City Council March 20, 2018 Meeting Agenda Page 3 of 6 Report and the Tustin Legacy Annual Mitigation Monitoring Status Report and authorized staff to forward the reports to the City Council. With Council authorization, staff will forward the General Plan Annual Report to the State Office of Planning and Research and the State Department of Housing and Community Development (HCD) in fulfillment of the State's requirement, and receive and file the Annual Tustin Legacy Mitigation Monitoring Status Report. Recommendation: That the City Council: 1. Authorize staff to forward the General Plan Annual Report to the State Office of Planning and Research and the State Department of Housing and Community Development; and 2. Receive and file the Annual Mitigation Monitoring Status Report and authorize staff to submit a subsequent report when considerable and significant activities occur. PUBLIC HEARING ITEM — A Public Hearing Item provides Individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Item 5) 5. CODE AMENDMENT 2017-004 (ORDINANCE NO. 1483), TEMPORARY SIGNS IN THE PUBLIC RIGHT OF WAY Code Amendment 2017-004 proposes to amend Article 9 Chapter 4 of the Tustin City Code, related to temporary signs in the public right-of-way, in accordance with a 2015 United States Supreme Court decision. On February 13, 2018, the Planning Commission adopted Resolution No. 4344, recommending that the Tustin City Council adopt Ordinance No. 1483, approving Code Amendment 2017-004. (Applicant: City of Tustin) Recommendation: That the City Council introduce and have first reading of Ordinance No. 1483, approving Code Amendment (CA) 2017-004 by amending Article 9 Chapter 4 of the Tustin City Code (TCC) to: 1. Allow temporary off -premises commercial signs and temporary non- commercial signs in the public right-of-way; 2. Apply uniform standards that are based on size, location, total number, posting duration, and placement, rather than content; and, 3. Set a second reading for the next City Council meeting. DRAFT ORDINANCE NO. 1483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTION 9403d7; AMENDING City Council March 20, 2018 Meeting Agenda Page 4 of 6 TUSTIN CITY CODE SECTIONS 9402, 9403d2, 9403e11, 9403e13, 9404a1k, 9404a1 n, 9404a3c, 9406D, and 9406E2; AND DELETING TUSTIN CITY CODE SECTIONS 9403e14, 9404a1 s, and 9404C6, RELATING TO TEMPORARY OFF -PREMISES COMMERCIAL SIGNS AND TEMPORARY NON-COMMERCIAL SIGNS. REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 6-8) 6. AUTHORIZATION TO SOLICIT REQUEST FOR PROPOSALS FOR SOLID WASTE COLLECTION SERVICES AND FIFTH AMENDMENT TO CONTRACT WITH CR&R INCORPORATED FOR SOLID WASTE AND RECYCLING SERVICES The current contract with CR&R Incorporated (CR&R) for both residential and commercial solid waste services will expire on September 30, 2018. Pursuant to the City's Purchasing Policy staff has prepared a Request for Proposals (RFP) for new solid waste services. CR&R has agreed to extend the current contract through March 31, 2019 to ensure the City has sufficient time to solicit and review proposals and award a new contract. Recommendation: That the City Council: 1. Approve the Fifth Amendment to the Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and for the Collection, Transportation, Processing and Diversion of Recyclable Materials; 2. Authorize the Mayor and City Clerk to execute the amendment on behalf of the City; 3. Approve the attached Request for Proposals for the Collection, Transportation, Processing and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris and other materials and for Collection, Transportation and Disposal of Municipal Solid Waste; 4. Authorize the Director of Public Works/City Engineer to make non substantive changes to the RFP and its attachments; and 5. Authorize staff to solicit proposals. 7. APPROVAL OF RESOLUTION 18-17 ESTABLISHING A CITY OF TUSTIN PUBLIC ART POLICY On May 16, 2016, and November 7, 2017, staff presented the City Council Public Art Policy options for review since the City Council is considering commissioning City Council March 20, 2018 Meeting Agenda Page 5 of 6 public art projects and accepting artwork gifted to the City. Subsequently, the City Council referred the policy options to the Community Services Commission for review and recommendation at a future City Council meeting. Recommendation: That the City Council adopt Resolution 18-17 establishing a City of Tustin Public Art Policy. RESOLUTION NO. 18-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PUBLIC ART POLICY 8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1494 Ordinance No. 1494 amends the Tustin City Code by establishing preferential permit only parking in the Old Town residential area. Recommendation: Have second reading by title only and adoption of Ordinance No. 1494. 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 OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURN IN MEMORY OF Lieutenant James A. Mazzuchelli, USN Navy Flight Surgeon H M LA -267 ADJOURNMENT — The next meeting is scheduled on Tuesday, April 3, 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 20, 2018 Meeting Agenda Page 6 of 6