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Home My WebLink About00 CC AGENDA 5.15.18CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Rebecca Gomez, Mayor Pro Tem Dr. Allan Bernstein, Councilmember Charles E. Puckett, Councilmember Letitia Clark, Councilmember MAY 15, 2018 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN .tom Jeffrey C. Parker, City Manager/ Al Murray, Mayor City Treasurer Erica N. Rabe, City Clerk David E. Kendig, City Attorney CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2434 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): (2 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 (1 case) - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 regarding unfunded mandate test claim for reimbursement of costs of implementing State mandate imposed by order of the Santa Ana Regional Water Quality Control Board regarding Statewide trash provisions. 3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 Cases) 4. LABOR NEGOTIATIONS — [Government Code § 54957.6]: Agency Derick Yasuda, Director of Human Resources and Peter Negotiators: Brown, Liebert Cassidy Whitmore Employee Tustin Municipal Employees Association (TMEA) Organization: Employee Tustin Police Officers Association—Management Unit (TPMA) Organization: Employee Tustin Police Officers Association—Officer Unit (TPOA) Organization: Employee Tustin Police Support Services Management Association Organization: (TPSSMA) Employee Tustin Police Support Service Association (TPSSA) Organization: Employee Unrepresented Confidential Employees Organization: Employee Unrepresented Supervisory Employees Organization: Employee Unrepresented Executive Management and Management Organization: Employees Employee Unrepresented Part -Time Employees Organization: 5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code § 54956.9(a)] — (2 cases) A. Name of Claim: Todd Bullock Case No: WCAB #17-130186 B. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE City Council May 15, 2018 Meeting Agenda Page 2 of 9 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2434 INVOCATION — Pastor Ken Krikac PLEDGE OF ALLEGIANCE — Councilmember Puckett CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS — Lemonade Day: May 19, 2018 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. 2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL HELD MAY 1, 2018. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on May 1, 2018. 3. RATIFICATION OF PAYROLL AND DEMANDS City Council May 15, 2018 Meeting Agenda Page 3 of 9 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 $778,465.24; and Demands in the amount of $1,721,227.21. 4. NOVEMBER 6, 2018 GENERAL MUNICIPAL ELECTION Adoption of the proposed resolutions will call the election and consolidate election services with the County of Orange. Recommendation: That the City Council: Adopt Resolution No. 18-37, calling of the holding of a General Municipal Election to be held on Tuesday, November 6, 2018, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities; and 2. Adopt Resolution No. 18-38, requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on November 6, 2018 with the Statewide General Election to be held on the date pursuant to section 10403 of the Elections Code. RESOLUTION NO. 18-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO. 18-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE 5. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF TODD BULLOCK Adoption of the attached Resolution will certify that Todd Bullock is industrially disabled from his position of Police Lieutenant and enable CalPERS to process his industrial disability retirement. City Council May 15, 2018 Meeting Agenda Page 4 of 9 Recommendation: That the City Council adopt Resolution No. 18-36 finding that Police Lieutenant Todd Bullock is industrially disabled from performing the duties of his position. RESOLUTION NO. 18-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT TODD BULLOCK, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE LIEUTENANT 6. CONTRACT FOR PROSECUTION SERVICES / ORANGE COUNTY DISTRICT ATTORNEY The Orange County District Attorney's Office prosecutes Penal, Health and Safety, and Vehicle Code violations referred to it by the City of Tustin Police Department. The City may also refer violations of the Tustin City Code to the District Attorney under the parties' current contract for prosecution services. The current agreement, which has been in place since 2008, will expire on June 30, 2018. The District Attorney has prepared a new five-year agreement for prosecution services for approval by the City. If approved, the term of the new agreement would run from July 1, 2018 until June 30, 2023. Recommendation: That the City Council approve and authorize the Mayor to execute the attached Agreement for Prosecution Services with the Orange County District Attorney. 7. CITY COUNCIL APPROVAL OF AN AMENDED ADMINISTRATIVE BUDGET AND AUTHORIZATION TO ENTER INTO A THIRTEENTH AMENDED AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY FOR ADMINISTRATIVE SUPPORT City Council approval is requested of an amended Administrative Budget and authorization for the City and Successor Agency to enter into a Thirteenth Amended Agreement for reimbursement of administrative support. Recommendation: That the City Council approve and authorize the City to enter into a Thirteenth 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. 8. ADOPT RESOLUTION NO. 18-35 TO ACCEPT IMPROVEMENTS FOR THE VETERANS SPORTS PARK AT TUSTIN LEGACY GRADING PROJECT, CIP NO. 20043, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Veterans Sports Park at Tustin Legacy Grading Project, CIP No. 20043, has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. City Council May 15, 2018 Meeting Agenda Page 5 of 9 Recommendation: That the City Council: 1. Adopt Resolution No. 18-35 accepting the construction of the Veterans Sports Park at Tustin Legacy Grading Project, CIP No. 20043; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 18-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE VETERANS SPORTS PARK AT TUSTIN LEGACY GRADING PROJECT, CIP NO. 20043 9. ADOPT RESOLUTION NO. 18-27 TO APPROVE THE SUBMITTAL OF A MEASURE M2 TIER 1 ENVIRONMENTAL CLEANUP PROGRAM PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No 18-27 will approve submittal of the City's project application for Renewed Measure M funds (Measure M2) under the Environmental Cleanup Allocation Program, Tier 1 Grant Program for fiscal year 2018/2019. The City has prepared and submitted a project application to complete the Citywide Installation of Catch Basin BMPs Project (CIP No. 50036). Recommendation: That the City Council adopt Resolution No 18-27 approving the submittal of the project application to the Orange County Transportation Authority (OCTA) for funding under the Renewed Measure M Environmental Cleanup Allocation Program, Tier 1 Grant Program 2018 Call for Projects. RESOLUTION NO. 18-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR CATCH BASIN RETROFIT PROGRAM 10. CONDITIONAL ASSIGNMENT AND ASSUMPTION OF EXCLUSIVE NEGOTIATING AGREEMENT AND FIRST AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT WITH OLIVERMCMILLAN TUSTIN LEGACY LLC Modification of the Exclusive Negotiating Agreement (ENA) with OliverMcMillan Tustin Legacy LLC to provide for: 1) a conditional extension of the negotiating period, 2) modification of property boundaries, and, 3) modifications to the original ENA as referenced in Conditional Approval Letters and the Cost Agreement. This City Council May 15, 2018 Meeting Agenda Page 6 of 9 City -owned property is located at Tustin Legacy. Recommendation: That the City Council Authorize the City Manager to execute the Conditional Assignment and Assumption of ENA as well as the First Amendment to the ENA, subject to any non -substantive modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney. 11. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the fourth quarter of 2017. The average noise level measured at Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained fairly consistent with prior quarters during this fourth quarter reporting period. Anomalies in the noise reporting for this quarter were related to the reverse -flow of air traffic due to weather conditions. Average noise levels during the continued to remain 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. FIDUCIARY EXPERTS LLC CONTRACT AMENDMENT OF FIDUCIARY STATUS TO DISCRETIONARY FIDUCIARY 3-38 The City has contracted since 2011 with Fiduciary Experts LLC for independent fiduciary services for the City of Tustin 457 deferred compensation plans offered to employees. The City currently uses a co -fiduciary relationship for oversight and investment management of the 457 plans. This proposed amendment would change the relationship with Fiduciary Experts LLC from a Co -Fiduciary (3-21) to a Discretionary Fiduciary (3-38), mitigating personal liability for both City Council and the 457 plan investment committee through the discretionary prudent expert model. Recommendation: That the City Council authorize the Finance Director to approve the amendment to the existing contract with Fiduciary Experts, to a 3-38 relationship providing an additional layer of protection for City Council and 457 plan investment committee members. 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 13-14) 13. CODE AMENDMENT 2017-003 (ORDINANCE NO. 1493) - ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS Code Amendment (CA) 2017-003 proposes to amend Article 9 Chapter 2 of the City Council May 15, 2018 Meeting Agenda Page 7 of 9 Tustin City Code to update the standards and guidelines related to new alcoholic beverage sales establishments. The CA 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; 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 CA 2017-003. Staff is requesting that the Tustin City Council continue the item to June 5, 2018 to allow further analysis of the proposed ordinance. (Applicant: City of Tustin) Recommendation: That the City Council open the public hearing and continue the item to the June 5, 2018, meeting. 14. AUTHORIZATION TO SUBMIT APPLICATION FOR ORANGE COUNTY ENHANCED MOBILITY FOR SENIORS AND DISABLED (EMSD) GRANT The Parks and Recreation Services Department is seeking authorization to submit an application for federal funds under the Orange County Enhanced Mobility for Seniors and Disabled (EMSD) Grant (formerly FTA Section 5310 Program) administered by the Orange County Transportation Authority (OCTA). Recommendation: That the City Council: 1. Adopt Resolution 18-26 which authorizes staff to apply for grant funds to be used for operating assistance for existing transit service and enhancement of transit services and finds that there is no non-profit agency readily available to provide paratransit services for the elderly and disabled in the Tustin area. 2. Adopt Resolution 18-34 which authorizes the Director of Parks and Recreation Services to execute all documents related to the EMSD grant application. RESOLUTION NO. 18-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING STAFF TO APPLY TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR THE ORANGE COUNTY ENHANCED MOBILITY FOR SENIORS AND DISABLED (EMSD) GRANT PROGRAM. RESOLUTION NO. 18-34 City Council May 15, 2018 Meeting Agenda Page 8 of 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING EXECUTION OF DOCUMENTS REQUIRED BY ORANGE COUNTY TRANSPORTATION AUTHORITY FOR GRANT FUNDS AVAILABLE FOR OPERATIONAL FUNDING THROUGH ORANGE COUNTY ENHANCED MOBILITY FOR SENIORS AND DISABLED (EMSD) GRANT PROGRAM. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, June 5, 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 May 15, 2018 Meeting Agenda Page 9 of 9