HomeMy WebLinkAbout00 CC AGENDA 9.4.18CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
Rebecca Gomez, Mayor Pro Tem
Dr. Allan Bernstein, Councilmember
Charles E. Puckett, Councilmember
Letitia Clark, Councilmember
SEPTEMBER 4, 2018
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
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Jeffrey C. Parker, City Manager/
Al Murray, Mayor City Treasurer
Erica N. Yasuda, City Clerk
David E. Kendig, City Attorney
CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — Meeting #2440
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)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
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.
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. LIABILITY CLAIMS - [Government Code § 54956.95] - (3 cases)
A. Claim No. 18-15, Claim of Richard, Donna and David
B. Claim No. 17-46, Claim of Paola Fuentes -Ortega
C. Claim No. 18-14, Claim of Wharton Pacific, LLC
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Government
Code § 54956.9(a)] - (2 cases)
A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil
Action No. SA CV 18-00155 DOC JDE
B. Name of Claim: Khaya Breskin
Case No: WCAB: #ADJ11278186
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (3 cases)
A. Property 430-371-27, 28, 61; 430-381-38, 39, 40, 41, 43, 65,
Address/Description 66767768769774775
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager & John Buchanan,
Director of Economic Development
Negotiating Parties OMBRP, LLC (Brookfield)
Under Negotiation Price and Terms of Payment
B. Property 430-271-77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88,
Address/Description 89, 90, 91, 92, 93; 430-371-38, 39, 40, 41, 42, 43, 44,
457 467 477 487 507 517 527 547 557 567 577 587 597 607
73774776777
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager & John Buchanan,
Director of Economic Development
Negotiating Parties OMBRP, LLC (Brookfield)
Under Negotiation Price and Terms of Payment
C. 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
City Council September 4, 2018
Meeting Agenda Page 2 of 10
Negotiating Parties Family Promise of Orange County, Melody Mosley -
President
Under Negotiation Price and Terms of Payment
REGULAR MEETING OF THE TUSTIN CITY COUNCIL
AND THE TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2440
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — Cub
Scout Pack 541- Arrow Of Light Den
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 15)
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 ON JULY 17, 2018 AND ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL HELD ON AUGUST 11, 2018.
City Council September 4, 2018
Meeting Agenda Page 3 of 10
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on July 17, 2018 and the Adjourned
Regular Meeting of the City Council held on August 11, 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 amount of
$814,361.36, $779,259.88 and $829,630.40; and Demands in the amount of
$1076707501.05.
4. SUMMARY OF PROJECTS
The following report provides a summary of projects and activities from the
Community Development Department to the Tustin City Council. The report
focuses on the status of projects that the Planning Commission, Zoning
Administrator, or staff approved; major improvement projects; Certificates of
Appropriateness; Code Enforcement activities; and, other items of interest.
Recommendation: That the City Council receive and file this item.
5. APPROVAL OF LICENSE AGREEMENT FOR WIRELESS INSTALLATIONS
ON PUBLIC STRUCTURES TO NEW CINGULAR WIRELESS PCS, LLC
Staff is requesting the City Council approve a license agreement for wireless
installations on public structures to New Cingular Wireless PCS, LLC dba AT&T
Mobility (AT&T).
Recommendation: That the City Council approve a license agreement for
wireless installations on public structures to New Cingular Wireless PCS, LLC
dba AT&T Mobility (AT&T) and authorize the Mayor and the City Clerk to execute
the license agreement on behalf of the City.
6. AWARD OF CONTRACT FOR THE CONSTRUCTION OF TUSTIN
EMERGENCY OPERATION CENTER AND CORPORATE YARD PROJECT
(CIP No. 10067)
Bids for the Tustin Emergency Operation Center and Corporate Yard Project CIP
#10067 have been received and a construction contract is ready to be awarded
to the lowest responsive/responsible bidder, Tovey-Shultz Construction, Inc.
Recommendation: That the City Council:
City Council September 4, 2018
Meeting Agenda Page 4 of 10
1. Award the construction contract to Tovey-Shultz Construction, Inc., the
lowest responsive/responsible bidder, in the amount of $12,187,005.00,
and authorize the Mayor and the City Clerk to execute the contract
documents on behalf of the City.
2. Adopt Resolution No. 18-58 authorizing the use of County of Orange
Cooperative Purchasing Program Contract # RCA -017-18010014 for GM
Business Interiors (GMBI) for FF&E (Furnishings, Fixtures and Equipment)
and Audio and Visual in the amount of $1,020,281.
RESOLUTION NO. 18-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AUTHORIZING THE COUNTY OF ORANGE COOPERATIVE
PURCHASING PROGRAM TO PURCHASE CERTAIN ITEMS
7. NOTICE OF COMPLETION FOR TUSTIN LIBRARY RESTORATION (CIP
10080)
Construction for the Tustin Library Restoration Project (CIP No. 10080) has been
completed to the satisfaction of the City Engineer and is now ready for City
Council acceptance.
Recommendation: That the City Council:
Adopt Resolution No. 18-48 accepting the construction of the Tustin
Library Restoration Project (CIP No. 10080); and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
RESOLUTION NO. 18-48
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 TUSTIN LIBRARY RESTORATION PROJECT, CIP NO. 10080
8. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
Quarterly Report for the first quarter of 2018. The average noise level measured
at Tustin's monitoring station (NMS 1ON), located at Columbus Tustin Middle
School on Beneta Way (Figure 1), remained fairly consistent with prior quarters
during this first quarter reporting period. Average noise levels during the first
quarter 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.
City Council September 4, 2018
Meeting Agenda Page 5 of 10
9. LEASE AGREEMENT FOR OPERATION OF THE FOOD/BEVERAGE
CONCESSION AT TUSTIN SPORTS PARK
The current operators of the food and beverage concession at Tustin Sports Park
(Luigi and Amy Ravetto, dba Express Sports Cafe) have notified staff that they
intend to sell their business to Kathy Gallardo and Rob Stait, dba Best of Friends
Cafe. Because there are only seven (7) months left on the Ravetto's current lease,
staff is recommending that that their lease be terminated and a new lease
agreement be entered into with Ms. Gallardo and Mr. Stait.
Recommendation: That the City Council:
Terminate the Lease Agreement between Luigi and Amy Ravetto (dba
Express Sports Cafe) and the City of Tustin.
2. Approve a new three (3) year Lease Agreement between Kathy Gallardo
and Rob Stait (dba Best of Friends Cafe) and the City of Tustin for the
operation of the food and beverage concession at Tustin Sports Park.
10. 2018 BIENNIAL CONFLICT OF INTEREST CODE REVIEW (DESIGNATED
POSITIONS)
Biennially the City is required to review the list of designated positions in the
Conflict of Interest Code. City staff recommends the following changes to the list
of designated filers as follow:
Additions: Assistant City Manager (City Manager's Office), Senior Management
Analyst (City Manager's Office), Deputy Director of Economic Development
(Economic Development), Deputy Director of Finance (Finance Department), and
Code Enforcement Officer (Finance Department).
Recommendation: Adopt Resolution No. 18-60 modifying the Appendix
(Designated Positions) contained in the City's Conflict of Interest Code.
RESOLUTION NO. 18-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN
THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND
REPEALING RESOLUTION NO. 16-51
11. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE GRAFFITI REMOVAL
PROGRAM
The City's contract with Graffiti Control Systems expires on February 1, 2019. To
continue the City's contract graffiti removal program, it is necessary for the City
Council to authorize staff to advertise for contractor bids.
City Council September 4, 2018
Meeting Agenda Page 6 of 10
Recommendation: That the City Council authorize and direct the Community
Development Director to advertise for contractor bids to continue implementation
of the City's graffiti removal program.
12. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT
Pursuant to the Tustin Housing Authority Bylaws and State of California Housing
Authorities Law of the California Health and Safety Code, the Tustin Housing
Authority is holding an annual meeting to receive and file the annual report for the
preceding fiscal year.
Recommendation:
The Tustin Housing Authority Commissioners take the following actions:
Receive and file the Annual Report for Fiscal Year ("FY") 2017-2018 and
transmit such report to the Tustin City Council.
The City Council take the following actions:
1. Receive and file the Housing Authority's Annual Report for FY 2017-2018.
2. Direct that a copy of the Housing Authority's Annual Report for FY 2017-
2018 to be filed with the City Clerk and ex -officio Clerk of the City Council
of the City of Tustin and the California State Department of Housing and
Community Development.
13. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted Investment
Policy.
Recommendation: Receive and file.
14. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF KHAYA BRESKIN
Adoption of the attached Resolution will certify that Khaya Breskin is industrially
disabled from her position of Police Officer and enable CalPERS to process her
industrial disability retirement.
City Council September 4, 2018
Meeting Agenda Page 7 of 10
Recommendation: Adopt Resolution No. 18-59 finding that Police Officer Khaya
Breksin is industrially disabled from performing the duties of her position.
RESOLUTION NO. 18-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT KHAYA BRESKIN, A LOCAL SAFETY MEMBER,
IS INDUSTRIALLY DISABLED FROM HER DUTIES AS A POLICE OFFICER
15. TUSTIN AREA SENIOR CENTER TRANSPORTATION PROGRAM TITLE VI
PLAN UPDATE
As a requirement to receive grant funding from the California Department of
Transportation for the Federal Transit Administration (FTA) Section 5310 Elderly
and Disabled Specialized Transportation Program, the City of Tustin must update
its Title VI Plan for the Tustin Area Senior Center's (TASC) Transportation
Program every three years. As required by Title VI of the Civil Rights Act of 1964,
this plan establishes policies ensuring that services and benefits are provided on
a non-discriminatory basis.
Recommendation: That City Council:
1. Adopt Resolution 18-64 which authorizes the Director of Parks and
Recreation to implement the updated Title VI Plan for the Tustin Area
Senior Center's Transportation Program.
RESOLUTION NO. 18-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE GOVERNING OFFICIAL, DIRECTOR OF
PARKS AND RECREATION, TO APPROVE THE TITLE VI COMPLIANCE FOR
THE AGENCY
REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion. (Agenda Items 16-21)
16. DISCUSSION OF SENATE BILL 54 AND PROPOSITION 47
Discuss SB 54 and Proposition 47 and provide direction.
Recommendation:
1. Approve and authorize the Mayor to sign Resolution Number 18-66
reaffirming the City's March 22, 2017 letter of opposition to SB 54; and
2. Approve and authorize the Mayor to sign Resolution Number 18-67
declaring the City's support to repeal Proposition 47 (the "Reduced
Penalties for Some Crimes Initiative").
City Council September 4, 2018
Meeting Agenda Page 8 of 10
RESOLUTION NO. 18-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, REAFFIRMING THE CITY'S MARCH 22, 2017 LETTER OF
OPPOSITION TO SB 54
RESOLUTION NO. 18-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DECLARING THE CITY'S SUPPORT TO REPEAL
PROPOSITION 47
17. SECOND READING AND ADOPTION OF ORDINANCE NO. 1491
Ordinance No. 1491 amends the Tustin City Code by adding Chapter 9B to Article
9 of the Tustin City Code Establishing a Voluntary Workforce Housing Incentive
Program.
Recommendation: Have second reading by title only and adoption of Ordinance
No. 1491.
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 ESTABLISHING A VOLUNTARY WORKFORCE HOUSING INCENTIVE
PROGRAM.
18. SECOND READING AND ADOPTION OF ORDINANCE NO. 1493
Ordinance No. 1493 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-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.
Recommendation: Have second reading by title only and adoption of Ordinance
No. 1493.
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.
19. REQUESTS TO EXCUSE ABSENCES BY PLANNING COMMISSIONER
MASON
City Council September 4, 2018
Meeting Agenda Page 9 of 10
In accordance with Council Ordinance 1481, consider whether to approve the
request from Planning Commissioner Amy Mason to excuse two (2) past absences
from Planning Commission meetings.
Recommendation: That the City Council consider whether to approve requests
by Planning Commissioners Amy Mason to excuse two (2) past absences from
Planning Commission meetings.
20. REQUESTS TO EXCUSE ABSENCES BY PLANNING COMMISSIONER
THOMPSON
In accordance with Council Ordinance 1481, consider whether to approve the
request from Planning Commissioner Jeff Thompson to excuse two (2) future
absences from Planning Commission meetings.
Recommendation: That the City Council consider whether to approve requests
by Planning Commissioners Jeff Thompson to excuse two (2) future absences
from Planning Commission meetings.
21. BUILDING BOARD OF APPEALS APPOINTMENTS
In January 2018, the City Council: adopted Ordinance No. 1486 establishing the
Building Board of Appeals (BBA); directed the City Clerk to advertise for citizen
applicants to fill the Board; and, directed the Community Development Director to
review the applications and make recommendations on applicant qualifications
and compliance with the California Codes. The City Clerk received twelve (12)
applications. The Community Development Director, Building Official and
Assistant Director interviewed ten (10) applicants and is making a
recommendation on the complexion of the Board. Pursuant to Ordinance No.
1492, the terms of the appointments are to be staggered so that they do not all
expire in the same year. Three (3) members serve a four (4) year term and two
(2) members serve a two (2) year term.
Recommendation: That the City Council appoint three (3) candidates to serve
a four (4) year term as follows: Becky Mandich, Fred Moore, and Kevin Verdi;
and appoint two (2) candidates to serve a two (2) year term as follows: Wendy
Brough and John Parker.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCILMEMBER COMMENTS AND REPORTS
ADJOURNMENT — The next meeting is scheduled on Tuesday, October 2, 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 September 4, 2018
Meeting Agenda Page 10 of 10