HomeMy WebLinkAbout00 CC AGENDA 11.6.18 CITY OF TUSTIN REGULAR NOVEMBER 6, 2018
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
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. Yasuda, 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 #2443
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 - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. 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
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code
§ 54956.8]: (4 cases)
A. Property 430-371-27, 28, 61; 430-381-38, 39, 40, 41, 43, 65,
Address/Description 66, 67, 68, 69, 74, 75
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,
45, 46, 47, 48, 50, 51 , 52, 54, 55, 56, 57, 58, 59, 60,
73, 74, 76, 77
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 430-381-27, 28, 29, 30, 31, 32, 33, 35
Address/Description
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager; Jerry Craig, Deputy
Director of Economic Development
Negotiating Parties Jamboree Housing Corporation; Laura Archuleta,
President
Under Negotiation Price and Terms of Payment
D. Property 1941 EI Camino Real, APN: 500-071-12
Address/Description
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Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager; Jerry Craig, Deputy
Director of Economic Development
Negotiating Parties Family Promise of Orange County, Melody Mosley -
President
Under Negotiation Price and Terms of Payment
REGULAR MEETING OF THE TUSTIN CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2443
INVOCATION - Pastor Dane Counts
PLEDGE OF ALLEGIANCE — Councilmember Puckett
PRESENTATIONS —
o ListoAmerica — Recognition of Metztli Mora and Karla Camacho
o Cox Communications - Kristen Camuglia, Government Affairs
o National Nurse Practitioner Week: November 11th-17th
o Orange County Transportation Authority — Dave Simpson, Manager, Regional
Initiatives
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.
City Council November 6, 2018
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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 9)
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 OCTOBER 16, 2018.
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on October 16, 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: It is recommended that the City Council approve Payroll in
the amount of $823,255.05 and $818,149.80; and Demands in the amount of
$3,535,734.60.
4. SECOND AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT WITH
SCHOOLSFIRST FEDERAL CREDIT UNION
Second Amendment to the Exclusive Negotiation Agreement (ENA) with
SchoolsFirst Federal Credit Union (SchoolsFirst) extending the negotiating period
to January 15, 2019.
Recommendation: It is recommended that the City Council authorize the City
Manager to execute the Second 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.
5. OFFICIAL POLICE TOWING SERVICE AGREEMENTS
The City of Tustin has three tow companies on rotation to provide towing services
for the Tustin Police Department. This is to keep the roadways clear for the
purposes of public safety. The Official Police Towing Agreements have expired
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for the City of Tustin and we are currently operating on a month-to-month
contractual basis. The City of Tustin initiated a Request for Proposal (RFP)
process to which four tow companies responded with proposals. Upon conclusion
of the process, three tow companies have been selected for award of the contract
for non-exclusive towing services for the City of Tustin. The contract, like the
previous contract, is for three years, with the possibility of two, two-year
extensions.
Recommendation: This report is for information only. The Police Department
has selected the following three companies for the Official Police Towing Service
Agreement, effective December 1 , 2018:
1 . Archie's Towing
2. Greater Southern California Towing
3. John's Towing
6. TICKETS AND PASSES DISTRIBUTION POLICY
Adoption of the proposed Tickets and Passes Distribution Policy ensures that any
ticket or pass provided to the City by any third party or purchased or obtained
directly by the City shall be distributed to City Officials in a manner that serves or
promotes a public purpose of the City in accordance with Section 18944.1 of the
Fair Political Practices Commission (FPPC) Regulations.
Recommendation: It is recommended that the City Council adopt Resolution
No. 18-77, adopting the Tickets and Passes Distribution Policy.
RESOLUTION NO. 18-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING A TICKETS AND PASSES DISTRIBUTION POLICY
IN ACCORDANCE WITH FAIR POLITICAL PRACTICES COMMISSION
REGULATION 18944.1
7. REIMBURSEMENT OF INFRASTRUCTURE DESIGN COSTS AND
RESOLUTION OF EXCLUSIVE NEGOTIATING AGREEMENT WITH OMBRP
LLC
This item brings closure to outstanding issues with the Community Core
Development (Neighborhood D North) negotiations between the City and
OMBRP LLC (OMBRP).
Recommendation: It is recommended that the City Council:
1 . Approve reimbursement of the Community Core Development
(Neighborhood D North) infrastructure design costs; and
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2. Authorize the City Manager to execute the termination letter for the
Exclusive Negotiating Agreement with OMBRP LLC.
8. EXTENDING THE TERM OF THE PROJECT POSITION OF
TRANSPORTATION COORDINATOR
Adoption of the attached Resolution will extend the term of the project position of
Transportation Coordinator by two (2) years.
Recommendation: It is recommended that the City Council adopt Resolution
No. 18-82 to extend the term of the project position of Transportation Coordinator
by two (2) years.
RESOLUTION NO. 18-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, EXTENDING THE TERM OF THE PROJECT POSITION OF
TRANSPORTATION COORDINATOR
9. 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 submit 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: It is recommended that the City Council receive and file.
REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion. (Agenda Items 10-16)
10. RESOLUTION AUTHORIZING CONVERSION OF A PUBLIC FACILITY INTO
A FACILITY FOR UNSHELTERED INDIVIDUALS AND DECLARING THE
NEED FOR THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO
CONVERT THE CITY-OWNED STRUCTURES
Adoption of resolutions declaring the need for the immediate expenditure of public
money in order to convert City-owned structures into shelter for unsheltered men,
women and children will enable the City: (1) to protect the health, safety and
welfare of residents by housing unsheltered individuals; (2) to comply with the
Federal Court 120 day deadline to open a shelter for the homeless; and (3) to
enforce ordinances prohibiting unregulated homeless encampments in public
areas such as the City's camping and related ordinances, thus protecting the
quality of life in Tustin.
Recommendation: That City Council:
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1 . Adopt Resolution 18-76 (Attachment A) authorizing conversion of City -
owned structures into a shelter for unsheltered individuals; and
2. Approve the Notice of Exemption (Exhibit B) and the Notice of
Determination (Exhibit C), and direct staff to file them with the County
Clerk; and
3. Adopt Resolution 18-84 (Attachment F) declaring the necessity of the
immediate expenditure of public money to convert the structures pursuant
to Public Contract Code § 20168; and delegating authority to order action
in furtherance of such conversion pursuant to Public Contract Code §
22050(B)(1); (4/5ths vote required); and
4. Direct staff to initiate outreach to solicit public input regarding the long-term
location of a homeless shelter.
OR
5. Provide direction to staff to return to a future meeting of the City Council
with a report regarding an alternative location for the temporary shelter.
RESOLUTION NO. 18-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AUTHORIZING CONVERSION OF CITY-OWNED STRUCTURES INTO A
SHELTER FOR UNSHELTERED INDIVIDUALS
RESOLUTION NO. 18-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
DECLARING THE NECESSITY OF THE IMMEDIATE EXPENDITURE OF
PUBLIC MONEY TO CONVERT CITY-OWNED STRUCTURES INTO SHELTER
FOR THE HOMELESS PURSUANT TO PUBLIC CONTRACT CODE § 20168;
AND DELEGATING AUTHORITY TO ORDER ACTION IN FURTHERANCE OF
SUCH CONVERSION PURSUANT TO PUBLIC CONTRACT CODE §
22050(b)(1))
11. PLANNING COMMISSION AS HISTORIC AND CULTURAL RESOURCES
ADVISOR PROGRAM
On April 3, 2018, the City Council received public comment from the Tustin
Preservation Conservancy requesting the City Council reinstate the Historic
Resources Committee (HRC) as a separate committee. Mayor Pro Tem Gomez
requested that the matter be set for a Council agenda with background
information.
On July 17, 2018, and October 8, 2018, staff provided the City Council with
historical background information related to the HRC and data regarding other
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cities' programs throughout the County and State. At the October 8, 2018,
meeting, the City Council stated its intent to retain the Planning Commission as
the City's HRC to conserve City resources and requested staff make
recommendations on a specific historic resources program and training for
Planning Commissioners in their roles as historic and cultural resources advisors.
Recommendation: That City Council adopt Resolution No. 18-78 affirming the
Planning Commission shall continue to act in an advisory capacity on matters
related to historic and cultural resources and adopt a program establishing their
roles, responsibilities, and annual work program.
RESOLUTION NO. 18-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AFFIRMING THE PLANNING COMMISSION ACTING AS
HISTORIC AND CULTURAL RESOURCES ADVISOR PURSUANT TO TUSTIN
CITY CODE 9252c AND ESTABLISHING A PROGRAM DEFINING THE
COMMISSION ROLES, RESPONSIBILITIES AND ANNUAL WORK PROGRAM
12. AWARD CONTRACT FOR CLOSED CIRCUIT SURVEILLANCE SYSTEM
UPGRADE AT CIVIC CENTER
Staff requests that the City Council award the contract to Convergint
Technologies for the Closed Circuit Surveillance System (CCTV) upgrade at the
Civic Center. The CCTV upgrade is initiative #30 of the 5-year IT Application
Plan.
Recommendation: It is recommended that the City Council:
1 . Award the contract to Convergint Technologies for the Closed Circuit
Surveillance System upgrade and authorize the City Manager to execute the
contract documents on behalf of the City; and
2. Approve supplemental appropriations in the amount of $509,980 from
unappropriated reserves of the General Fund (Fund 100).
13. EXCLUSIVE NEGOTIATING AGREEMENT WITH FAMILY PROMISE OF
ORANGE COUNTY
City Council approval is requested to enter into an Exclusive Negotiating
Agreement ("ENA") with Family Promise of Orange County, Inc. ("Family
Promise").
Recommendation: The City Council authorize the City Manager to enter into an
Exclusive Negotiating Agreement by and between the City of Tustin and Family
Promise.
14. SECOND READING AND ADOPTION OF ORDINANCE NO. 1498
City Council November 6, 2018
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Ordinance No. 1498 amends the Tustin City Code by approving Zone Change
2017-00001 including adoption of the Red Hill Avenue Specific Plan (SP-13) and
related amendments to the Tustin Zoning Map.
Recommendation: It is recommended that the City Council have second
reading by title only and adoption of Ordinance No. 1498.
ORDINANCE NO. 1498
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING ZONE CHANGE 2017-00001 INCLUDING
ADOPTION OF THE RED HILL AVENUE SPECIFIC PLAN (SP-13) AND
RELATED AMENDMENTS TO THE TUSTIN ZONING MAP
15. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE
MANAGEMENT AND MANAGEMENT EMPLOYEES
Adoption of the attached Resolution will authorize terms and conditions of
employment for unrepresented Executive Management and Management
employees in accordance with City Council direction.
Recommendation: It is recommended that the City Council adopt Resolution
No. 18-80 amending the City's Classification and Compensation Plans for
Executive Management and Management employees.
RESOLUTION NO. 18-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR
UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT
EMPLOYEES, AND SUPERSEDING RESOLUTION 18-62
16. SIXTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
Adoption of the attached Resolution will amend the terms and conditions of
employment for the City Manager.
Recommendation: It is recommended that the City Council adopt Resolution
18-81 approving Amendment No. 6 to the Employment Agreement with the City
Manager and authorize the Mayor to execute the Amendment.
RESOLUTION NO. 18-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING AMENDMENT NO. 6 TO THE EMPLOYMENT AGREEMENT
WITH THE CITY MANAGER
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Council November 6, 2018
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COUNCILMEMBER COMMENTS AND REPORTS
ADJOURNMENT — The next meeting is scheduled on Tuesday, November 20, 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 November 6, 2018
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