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Home My WebLink About00 CC AGENDA 10.2.18CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Rebecca Gomez, Mayor Pro Tem Dr. Allan Bernstein, Councilmember Charles E. Puckett, Councilmember Letitia Clark, Councilmember OCTOBER 2, 2018 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN .tom 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 #2441 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: 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 - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code § 54957(d)(1)] — (2 cases) A. Title: City Manager B. Title: City Attorney 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code § 54956.9(a)] — (1 case) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE REGULAR MEETING OF THE TUSTIN CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2441 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion PRESENTATIONS — o 2018 Dental Clinic o Gem of Tustin: Charles P. Tozzer, D.D.S. o Orange County Fire Authority Proclamation Recognizing "Fire Prevention Week'.- October eek":October 7-13, 2018 o City of Tustin's Sesquicentennial Anniversary CLOSED SESSION REPORT — City Attorney David E. Kendig City Council October 2, 2018 Meeting Agenda Page 2 of 11 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 13) 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 SEPTEMBER 4, 2018 AND THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL SCHEDULED ON SEPTEMBER 11, 2018. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on September 4, 2018 and the Special Closed Session Meeting scheduled on September 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 $841,580.61 and $823,950.57; and Demands in the amount of $9,492,774.70. 4. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CLIFTON C. MILLER COMMUNITY CENTER AUDITORIUM RENOVATION (CIP NO. 20079) This project includes the upgrade of interior finishes in the Clifton C. Miller Community Center Auditorium. Recommendation: That the City Council approve Resolution No. 18-70, approving plans and specifications for the renovation of the Clifton C. Miller City Council October 2, 2018 Meeting Agenda Page 3 of 11 Community Center Auditorium (CIP No. 20079) and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 18-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CLIFTON C. MILLER COMMUNITY CENTER AUDITORIUM RENOVATION (CIP No. 20079) 5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE FRONTIER PARK TRAIL AND IRRIGATION PROJECT CIP NO. 20054 The plans and specifications for the Frontier Park Trail and Irrigation Project (CIP No. 20054) have been prepared and the project is now ready for bid. Recommendation: That the City Council: 1. Adopt Resolution No. 18-72 approving the plans and specifications for the Frontier Park Trail and Irrigation Project (CIP No. 20054); and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 18-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE FRONTIER PARK TRAIL AND IRRIGATION PROJECT CIP NO. 20054 AND AUTHORIZING ADVERTISEMENT FOR BIDS 6. APPROVE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND RESIDENTIAL LEASE AGREEMENT FOR PROPERTY AT 11781 OUTLOOK LANE FOR THE SIMON RANCH RESERVOIR, BOOSTER PUMP STATION, AND PIPELINE REPLACEMENT PROJECT (CIP NO. 60114) At the direction of the City Council, staff has successfully negotiated an acquisition agreement for the residential property located at 11781 Outlook Lane, adjacent to the Simon Ranch Reservoir. The acquisition of the property will facilitate construction of the Simon Ranch Reservoir and Booster Pump Station Replacement Project (CIP No. 60114). Staff seeks City Council approval for this purchase and authorization to execute the necessary agreement and associated documents. Recommendation: That the City Council: Approve the Agreement for the Acquisition of Real Property between the City of Tustin, a municipal corporation of the State of California, and Thomas J. Gaglio and Rachel D. Gaglio, Trustees of the Amendment and City Council October 2, 2018 Meeting Agenda Page 4 of 11 Restatement of the Gaglio Family Trust (Owner) for the property at 11781 Outlook Lane (APN 104-611-33) and authorize the Mayor and City Clerk to execute the agreement and associated documents on behalf of the City; and 2. Approve Residential Lease Agreement between the City of Tustin, a municipal corporation of the State of California ("LANDLORD"), and Thomas J. Gaglio and Rachel D. Gaglio, Trustees of the Amendment and Restatement of the Gaglio Family Trust ("TENANT") for the property at 11781 Outlook Lane (APN 104-611-33) and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. 7. APPROVE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND RESIDENTIAL LEASE AGREEMENT FOR PROPERTY AT 2061 VALHALLA DRIVE FOR THE SIMON RANCH RESERVOIR, BOOSTER PUMP STATION, AND PIPELINE REPLACEMENT PROJECT (CIP NO. 60114) At the direction of the City Council, staff has successfully negotiated an acquisition agreement for the residential property located at 2061 Valhalla Drive, adjacent to the Simon Ranch Reservoir. The acquisition of the property will facilitate construction of the Simon Ranch Reservoir and Booster Pump Station Replacement Project (CIP No. 60114). Staff seeks City Council approval for this purchase and authorization to execute the necessary agreement and associated documents. Recommendation: That the City Council: Approve the Agreement for the Acquisition of Real Property between the City of Tustin, a municipal corporation of the State of California, and Chong Sang Kim and Cho Hea Kim, Trustees of the Kim Trust dated October 3, 1990 (Owner) for the property at 2061 Valhalla Drive (APN 104-611-30) and authorize the Mayor and City Clerk to execute the agreement and associated documents on behalf of the City; and 2. Approve Residential Lease Agreement between the City of Tustin, a municipal corporation of the State of California ("LANDLORD"), and Chong Sang Kim and Cho Hea Kim, Trustees of the Kim Trust dated October 3, 1990 ("TENANT") for the property at 2061 Valhalla Drive (APN 104-611- 30) and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. 8. DECLARATION OF SURPLUS EQUIPMENT FOR PUBLIC AUCTION AND AUTHORIZATION TO PURCHASE THREE VEHICLES Staff is requesting City Council declare certain City equipment no longer required for public use in accordance with Section 1630a (2) of the Tustin City Code (TCC) and authorize their sale at public auction. Staff is also requesting authorization to City Council October 2, 2018 Meeting Agenda Page 5 of 11 purchase three utility trucks for use by the Public Works Department. Recommendation: That the City Council: 1. Declare, in accordance with the Tustin City Code -Section 1630a (2), the attached itemized list of equipment as surplus and not required for public use and authorize the sale of the equipment at the next available public auction, crediting net proceeds to applicable City revenue fund; and 2. Adopt Resolution No. 18-68 authorizing the State of California Department of General Services to purchase two (2) 1 -ton utility trucks and one (1) 1 '/-ton medium duty utility truck, from Winner Chevrolet Elk Grove, CA. in the amount of $210,202.98. RESOLUTION NO. 18-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS 9. ADOPT RESOLUTION NO. 18-65 TO APPROVE THE SUBMITTAL OF REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR RED HILL AVENUE City Council adoption of Resolution No. 18-65 will approve the submittal of an application prepared by the City of Irvine for the Red Hill Avenue Traffic Signal Synchronization Project to the Orange County Transportation Authority (OCTA). Participation by all agencies maintaining traffic signals along this corridor, which also includes the City of Costa Mesa, is needed for approval of the project application under the 2019 Call for Projects for the Competitive Measure M2 Traffic Signal Synchronization Program (Project P). The project involves 17 signalized intersections on Red Hill Avenue from Bryan Avenue to Carnegie Avenue that are maintained by the City of Tustin. Recommendation: That the City Council adopt Resolution No. 18-65 approving the submittal of the application to the Orange County Transportation Authority for the 2019 Call for Projects for the Renewed Measure M Regional Traffic Signal Synchronization Program (Project P) in the funding of the Red Hill Avenue Traffic Signal Synchronization Project. RESOLUTION NO. 18-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF APPLICATION FOR THE RED HILL AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) City Council October 2, 2018 Meeting Agenda Page 6 of 11 10. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT OF BIDS FOR THE SIGNAL INSTALLATION PROJECT AT LANSDOWNE ROAD/VALENCIA AVENUE AND PARKCENTER LANE/BRYAN AVENUE INTERSECTIONS (CIP NOs. 40090 AND 40091) The plans and specifications for the signal installation project at Lansdowne Road/Valencia Avenue (CIP No. 40090) and Parkcenter Lane/Bryan Avenue (CIP No. 40091) intersections have been prepared and the project is now ready for bid. Recommendation: That the City Council: 1. Adopt Resolution No. 18-71 approving the plans and specifications for the signal installation project at Lansdowne Road/Valencia Avenue and Parkcenter Lane/Bryan Avenue intersections (CIP Nos. 40090 and 40091); and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 18-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE SIGNAL INSTALLATION PROJECT AT LANSDOWNE ROAD/VALENCIA AVENUE AND PARKCENTER LANE/BRYAN AVENUE INTERSECTIONS (CIP NO. 40090 AND NO. 40091) AND AUTHORIZING ADVERTISEMENT FOR BIDS 11. AMEND THE 2018-2019 SEVEN-YEAR CIP TO INCLUDE THE LEGACY ANNEX RENOVATION AND APPROPRIATE FUNDING FOR DESIGN SERVICES FOR LONG-TERM OCCUPANCY AND IMMEDIATE INTERIOR/EXTERIOR IMPROVEMENTS Staff is requesting an appropriation of $229,300 for the preparation of plans and specifications for the Legacy Annex Renovation long-term occupancy and immediate interior/exterior improvements. Recommendation: That the City Council: 1. Amend the 2018-2019 Capital Improvement Program to include the Legacy Annex Renovation Project; and 2. Appropriate $114,650 from both the Park Development Tustin Legacy Fund (Fund 132) and General Fund (Fund 100), respectively; to provide for design services for long-term occupancy plans and specifications preparation for the Legacy Annex Renovation Project and immediate interior/exterior improvements. City Council October 2, 2018 Meeting Agenda Page 7 of 11 12. APPROVE GRANTS OF EASEMENTS TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER PORTIONS OF MOFFETT DRIVE AND LEGACY ROAD (CIP NOS. 70230 AND 70231) IN TUSTIN LEGACY Construction of the ongoing Moffett Drive and Legacy Road Extensions (CIP No.'s 70230 and 70231) include installation of Southern California Edison Company (SCE) electrical lines and facilities within roadways and adjacent parcels. It is therefore necessary for the City of Tustin to grant easements to SCE for these electrical lines and facilities and for access purposes over these parcels. Recommendation: That the City Council: 1. Grant an easement to the Southern California Edison Company over portions of Lots R, III, and JJJ of TR 17404 as shown on the attached easement document exhibits for electrical facilities and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City; and 2. Grant an easement to the Southern California Edison Company over portions of Lots T and U of TR 17404 and over portions of Lot 35 of TR 17026 as shown on the attached easement document exhibits for electrical facilities and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 13. APPROVE GRANTS OF EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER PORTIONS OF THE FUTURE FLIGHT WAY (PUBLIC AND PRIVATE PORTIONS) AND AIRSHIP AVENUE SERVING THE FLIGHT OFFICE DEVELOPMENT AT TUSTIN LEGACY AND TUSTIN LECAGY PARK Ongoing construction of the Flight Phase 1 office campus at Tustin Legacy necessitates the provision of easements for electrical service to the development. Underground electrical supply systems and communication systems (herein referred to as "systems") are to be provided within both the public and private portions of Flight Way which traverses both Phase 1 and 2 of the Flight development. System easements for SCE will also be provided within Airship Avenue which is a private roadway located in both Phase 1 and Phase 2. In addition to the easements serving the Flight development, there will also be a utility stub at Tustin Legacy Park for future electrical and communication needs. The owners of Phase 1 will record a grant of easement to the Southern California Edison Company (SCE) for portions of the systems within Phase 1; whereas the City of Tustin, being the owner of Phase 2, will need to record a grant of easement to SCE within the Phase 2 portions for the purposes of providing the systems to the Flight development. An easement is required in the public portion of Flight Way because the public right-of-way has not yet been formally dedicated by the City as a public street. City Council October 2, 2018 Meeting Agenda Page 8 of 11 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 electrical service and communications infrastructure 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 the grants of easement to SCE as shown on the attached easement document exhibits for the purposes of installation and maintenance of the systems as outlined in the attached easement documents; and authorize the City Manager to approve any future modifications to the proposed grants of easement which may be necessary to meet the intent of providing said services to the Flight project and/or Tustin Legacy Park. 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 14) 14. APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY DESIGN REVIEW 2018-00007, A REQUEST TO STORE A RECREATIONAL VEHICLE IN FRONT OF THE ATTACHED GARAGE AND INSTALL A VINYL GATE ACROSS THE DRIVEWAY TO SCREEN THE RECREATIONAL VEHICLE FROM PUBLIC VIEW. On May 8, 2018, the Planning Commission adopted Resolution No. 4364, denying Design Review (DR) 2018-00007 to authorize the storage of a recreational vehicle (RV) within the required backup area for an existing two -car garage and installation of a vinyl gate across the existing driveway to screen a recreational vehicle stored in front of the home from public view. On May 11, 2018, the property owner filed an appeal of the Planning Commission's decision. (Attachment F) On July 17, 2018, the City Council held a public hearing to consider the appeal and directed staff to provide the Council more information regarding the City's RV storage requirements at the City's Strategic Plan Workshop on August 11, 2018, and decided to continue the appeal item to a City Council hearing after the Strategic Plan Workshop. On August 11, 2018, the City Council reviewed and discussed the City's RV storage requirements and determined to keep the status quo. Recommendation: That the City Council adopt Resolution No. 18-47 (Attachment G) upholding the Planning Commission's decision to deny City Council October 2, 2018 Meeting Agenda Page 9 of 11 authorization of a recreational vehicle (RV) within the required backup area for an existing two -car garage and installation of a vinyl gate across the existing driveway to screen a recreational vehicle stored in front of the garage on the property located at 1461 Garland Avenue. RESOLUTION NO. 18-47 A RESOLUTION OF THE TUSTIN CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING PLANNING COMMISSION DECISION DENYING DESIGN REVIEW 2018-00007, A REQUEST TO AUTHORIZE THE STORAGE OF A RECREATIONAL VEHICLE WITHIN THE REQUIRED BACKUP AREA OF AN EXISTING TWO -CAR GARAGE AND INSTALL A VINYL GATE ON AN EXISTING RESIDENTIAL DRIVEWAY FOR SCREENING OF RECREATIONAL VEHICLE STORAGE, ON A PROPERTY LOCATED AT 1461 GARLAND AVENUE. REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 15-18) 15. AWARD CONTRACT 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 March 31, 2019. Pursuant to the City's Purchasing Policy staff prepared a Request for Proposals (RFP) for new solid waste services. The City received proposals from CR&R Incorporated and Waste Management Collection and Recycling, Inc. (Waste Management). The proposals were reviewed by the Ad Hoc RFP Evaluation Committee and representative panels from each firm were interviewed by the Committee and City staff members. Recommendation: The Ad Hoc RFP Evaluation Committee recommends that the City Council: 1. Award the contract to CR&R Incorporated; and 2. Authorize the Mayor and City Clerk to execute the contract on behalf of the City with any non -substantive changes approved by the City Manager or City Attorney. 16. HISTORIC RESOURCES COMMITTEE On June 20, 1988, the City Council adopted Ordinance No. 1001 establishing the City's Cultural Resources Overlay District and the City's Cultural Resources Advisory Committee. On July 31, 1991, the City of Tustin became a Certified Local Government (CLG) pursuant to the National Historic Preservation Act of 1996, as amended in 1980. On May 1, 2007, the City Council, in an effort to minimize impact on City resources related to City boards, commissions and City Council October 2, 2018 Meeting Agenda Page 10 of 11 committees, adopted Ordinance 1332 assigning Cultural and Historic Resources responsibilities to the Planning Commission. At their April 3, 2018 meeting, the City Council received public comment from Ms. Linda Jennings on behalf of the Tustin Preservation Conservancy requesting that the Historic Resource Committee be reinstated. Council Member Gomez requested that the matter be set for a Council agenda with background information. On July 17, 2018, staff provided the City Council with historical background related to the Historic Resources Committee and its consolidation with the Planning Commission. The City Council requested additional information and continued the matter to a future date. Recommendation: Pleasure of the City Council. 17. CITY OF TUSTIN CO-SPONSORSHIP OF THE TUSTIN CHAMBER OF COMMERCE 2018 TOTALLY TUSTIN EVENT City co-sponsorship of the Tustin Chamber of Commerce's Totally Tustin event on November 11, 2018. Recommendation: The City Council authorize the City Manager to execute the 2018 Totally Tustin Sponsorship Agreement, and authorize the City Attorney to make non -substantive changes to the agreement as deemed necessary. 18. ADOPT 5 -YEAR INFORMATION TECHNOLOGY APPLICATION PLAN Staff requests that the City Council adopt the 5 -year Information Technology (IT) Application Plan. ClientFirst Consulting Group, LLC (ClientFirst) worked with the various City departments to develop the 5 -year IT Application Plan. Recommendation: That the City Council adopt the 5 -year Information Technology Application Plan. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, October 16, 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 October 2, 2018 Meeting Agenda Page 11 of 11