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Home My WebLink About00 CC AGENDA 4.17.18CITY OF TUSTIN REGULAR APRIL 17, 2018 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN .tom 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 #2432 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): (Three 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 § 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. LIABILITY CLAIMS - [Government Code § 54956.95] — (Four cases) A. Claim of Lisa Rockwell, Claim No. 17-37 B. Claim of Renata Cerveny, Claim No. 18-02 C. Claim of Fred Hernandez, Claim No. 18-06 D. Claim of George Garcia, Claim No. 18-07 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2432 INVOCATION — Pastor Seth Britton PLEDGE OF ALLEGIANCE — Councilmember Bernstein 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 City Council April 17, 2018 Meeting Agenda Page 2 of 9 is within the subject matter jurisdiction of the City Council. PRESENTATIONS — o Gem of Tustin: Lorena Cruz o Comics Toons N Toys: 30 Year Anniversary o Sexual Assault Awareness Month 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 6) 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 APRIL 3, 2018. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on April 3, 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 $781,054.86; and Demands in the amount of $ 5,910,020.44. 4. APPROVE A REVISION TO THE 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 On March 7, 2018, the Tustin City Council approved a grant of easement to the Southern California Gas Company (Gas Co.) for a gas line to be provided in the City Council April 17, 2018 Meeting Agenda Page 3 of 9 City owned portion of Flight Way (Parcel 2) which delivers gas service to the Flight office campus at Tustin Legacy. After providing the executed grant of easement to the Gas Co. for recordation, a request to modify the routing of the gas line was made by the Gas Co., which consisted of providing a 90 degree turn in lieu of the 45 degree turn identified on the legal description accompanying the easement. Recordation of the grant of easement and installation of the gas line are on hold pending approval of a revised legal description (attached to the agenda report) by the City Council. Staff is also requesting that the City Council delegate authority to the City Manager to make any future revisions to the easement that may be requested by the Gas Co. until such time that the gas facilities have been completed. Recommendation: That the City Council authorize the Mayor and City Clerk to execute a revised 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; and authorize the City Manager to approve any future modifications to the proposed grant of easement which may be necessary to meet the intent of providing gas service to the Flight project. 5. ADOPT RESOLUTION NO. 18-29 APPROVING PROJECT LIST TO BE SUBMITTED TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR SB1 FUNDING FOR FISCAL YEAR 18/19 In order to be eligible to receive new funding under Senate Bill 1 (SB1), the City is required to submit a Project List to the California Transportation Commission (CTC) no later than May 1, 2018. Recommendation: That the City Council: Adopt Resolution No. 18-29 identifying projects to be submitted to the California Transportation Commission for SB 1 funding; and 2. Direct staff to submit the Project List to the California Transportation Commission on behalf of the City. RESOLUTION NO 18-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2018-19 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70017 City Council April 17, 2018 Meeting Agenda Page 4 of 9 The plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP No. 70017 have been prepared and the project is now ready for bid. Recommendation: That the City Council adopt Resolution No. 18-30 approving the plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP No. 70017, and authorize the City Clerk to advertise to receive bids. PUBLIC HEARING ITEMS — 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 Items 7-10) 7. FISCAL YEAR 2018-19 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ALLOCATION, FISCAL YEAR 2018-19 ACTION PLAN The Community Development Department is proposing to submit to the U.S. Department of Housing and Urban Development (HUD) a Program Year (PY) 2018-19 Action Plan (Attachment A of the agenda report), which describes the activities that the City will undertake during the program year. The Action Plan includes the program budget for disbursement of Community Development Block Grant (CDBG) funds. The City of Tustin has not yet received formal notification from HUD regarding the 2018-19 funding allocation; however, based on prior years' funding, the City anticipates receiving approximately $700,000 in CDBG funding. On February 22, 2018, the Citizen Participation Committee conducted a public hearing, received public input and testimony, and considered all public service applications submitted. The Citizen Participation Committee has provided a recommendation to the City Council regarding public service funding allocations for Program Years 2018-19. Recommendation: That the City Council adopt Resolution No. 18-19 approving the PY 2018-19 Action Plan and funding allocations; authorize submission of the PY 2018-19 Action Plan to the U.S. Department of Housing and Urban Development; authorize the Community Development Department to enter into contracts with CDBG subrecipients for public services, non-public services, and fair housing services; and, authorize the Community Development Director to reallocate funding proportionately, if the final funding amount is other than $7007000. RESOLUTION NO. 18-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PROGRAM YEAR 2018-19 ACTION PLAN AND FUNDING ALLOCATION FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. City Council April 17, 2018 Meeting Agenda Page 5 of 9 8. CODE AMENDMENT 2017-003 (ORDINANCE NO. 1493) - ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS Code Amendment 2017-003 proposes to amend Article 9 Chapter 2 of the Tustin City Code (TCC) to update the standards and guidelines related to new alcoholic beverage sales establishments. The Code Amendment would allow any commercially or industrially zoned property to request approval for an on -or off- site alcoholic beverage sales license with approval of a conditional use permit (CUP); establish new standards and operational guidelines; and, provide processes for issuance and/or revocation of CUPS for sales establishments. On March 13, 2018, the Planning Commission adopted Resolution No. 4360, recommending that the Tustin City Council adopt Ordinance No. 1493, approving Code Amendment 2017-003. However, the Planning Commission directed staff to forward their concerns to the City Council in the staff report. (Applicant: City of Tustin) Recommendation: That the City Council introduce and have first reading of Ordinance No. 1493, amending Article 9 Chapter 2 of the Tustin City Code related to alcoholic beverage sales establishments, and set a second reading for the next City Council meeting. ORDINANCE NO. 1493 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE ARTICLE 9 CHAPTER 2, SECTIONS 9232a1.(a), 9241a1., 9252j3.(c), 9271dd, AND 9299(3)(g) RELATING TO ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS. 9. CONDUCT A PUBLIC HEARING AND HOLD A SPECIAL ELECTION FOR IMPROVEMENT AREA NO.1 OF CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2018-01 (PUBLIC SERVICES) AND ADOPT VARIOUS RESOLUTIONS AND AN ORDINANCE FORMING THE DISTRICT Finalize the formation of Community Facilities District No. 2018-01 (Public Services) ("CFD 18-01") and authorize the levy of a special tax within Improvement Area No. 1. Recommendation: That the City Council take the following actions: 1. Receive and file the Community Facilities District Report. 2. Conduct a Public Hearing to hear presentations by staff and consultants as well as questions and comments from the public. 3. Adopt Resolution No. 18-20, "A Resolution of the City Council of the City of Tustin, California, Authorizing Formation of City of Tustin Community Facilities District No. 2018-01 (Public Services), Designating Improvement City Council April 17, 2018 Meeting Agenda Page 6 of 9 Area No. 1 Therein, and Authorizing the Levy of a Special Tax within said Improvement Area." 4. Adopt Resolution No. 18-22, "A Resolution of the City Council of the City of Tustin, California, Calling a Special Election for the Purpose of Approving a Special Tax in Improvement Area No. 1 of City of Tustin Community Facilities District No. 2018-01 (Public Services) and Establishment of an Appropriations Limit." 5. Vote to approve the proposition authorizing the levying of a special tax and establishing an annual appropriations limit for CFD 18-01 Improvement Area No. 1, and authorize the Mayor to cast the City's vote on the official ballot for CFD 18-01 in accordance herewith. 6. Direct the City Clerk to open ballots, announce the results of the election, and to execute the Canvass and Statement of Results of Election. 7. Adopt Resolution No. 18-23, "A Resolution of the City Council of the City of Tustin, California, Declaring the Results of a Special Election Held in Improvement Area No. 1 of the City of Tustin Community Facilities District No. 2018-01 (Public Services) and Directing Recording of a Notice of Special Tax Lien." 8. Approve for first reading Ordinance No 1495, "An Ordinance of the City Council of the City of Tustin, California, Acting as the Legislative Body of the City of Tustin Community Facilities District No. 2018-01 (Public Services) Levying Special Taxes within Improvement Area No. 1 of the City of Tustin Community Facilities District No. 2018-01 (Public Services)." RESOLUTION NO. 18-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING FORMATION OF CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2018-01 (PUBLIC SERVICES), DESIGNATING IMPROVEMENT AREA NO. 1 THEREIN, AND AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SAID IMPROVEMENT AREA RESOLUTION NO. 18-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CALLING A SPECIAL ELECTION FOR THE PURPOSE OF APPROVING A SPECIAL TAX IN IMPROVEMENT AREA NO. 1 OF CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT 2018-01 (PUBLIC SERVICES) AND ESTABLISHMENT OF AN APPROPRIATIONS LIMIT RESOLUTION NO. 18-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION HELD IN IMPROVEMENT AREA NO. 1 OF THE CITY OF TUSTIN COMMUNITY City Council April 17, 2018 Meeting Agenda Page 7 of 9 FACILITIES DISTRICT NO. 2018-01 (PUBLIC SERVICES) AND DIRECTING RECORDING OF A NOTICE OF SPECIAL TAX LIEN ORDINANCE NO. 1495 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2018-01 (PUBLIC SERVICES) LEVYING SPECIAL TAXES WITHIN IMPROVEMENT AREA NO. 1 OF THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2018-01 (PUBLIC SERVICES) 10. INCLUSIONARY HOUSING POLICY AND IN -LIEU FEE Ordinance No. 1491 proposes to add Chapter 9B to Article 9 (Land Use) of the Tustin City Code (TCC), relating to Inclusionary Housing and Resolution 18-28 adopts an Inclusionary Housing In -Lieu Fee. Although on March 27, 2018, the Planning Commission denied Resolution No. 4358, recommending that the Tustin City Council adopt Ordinance No. 1491, staff is recommending the City Council adopt Ordinance No. 1491. Recommendation: That the City Council: 1. Open and, after public testimony, close the public hearing; and 2. Introduce and have the first reading of Ordinance No. 1491, adding Chapter 9B to Article 9 Chapter 1, relating to Inclusionary Housing; and set a second reading for the next City Council meeting. 3. Adopt Resolution 18-28, adopting an Inclusionary Housing In -Lieu Fee that shall become effective concurrently with the effective date of Ordinance No. 1491. DRAFT ORDINANCE NO. 1491 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 9B TO ARTICLE 9 OF THE TUSTIN CITY CODE RELATING TO INCLUSIONARY HOUSING. RESOLUTION NO. 18-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING THE INCLUSIONARY HOUSING IN -LIEU FEE AND INCORPORATING THE FEE INTO THE CITY'S COMPREHENSIVE SCHEDULE OF FEES REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 11-13) City Council April 17, 2018 Meeting Agenda Page 8 of 9 11. EXCLUSIVE NEGOTIATING AGREEMENT WITH JAMBOREE HOUSING CORPORATION City Council approval is requested to enter into an Exclusive Negotiating Agreement ("ENA") with Jamboree Housing Corporation ("Jamboree"). Recommendation: The City Council authorize the City Manager to enter into an Exclusive Negotiating Agreement by and between the City of Tustin and Jamboree Housing Corporation. 12. SECOND READING AND ADOPTION OF ORDINANCE NO. 1496 Ordinance No. 1496 re-establishes preferential permit only parking on Birchfield Drive, Sandbrook Drive and Silverbrook Drive. Recommendation: Have second reading by title only and adoption of Ordinance No. 1496. ORDINANCE NO. 1496 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY 13. KEEPING CALIFORNIA SAFE ACT RESOLUTION OF SUPPORT Consider formal support of Reducing Crime and Keeping California Safe Act of 2018. Recommendation: Adopt City Council Resolution No. 18-33. RESOLUTION NO. 18-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA SUPPORTING THE REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2018. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, May 1, 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 April 17, 2018 Meeting Agenda Page 9 of 9