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Home My WebLink About00 CC AGENDA 12.4.18CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Rebecca Gomez, Mayor Pro Tem Dr. Allan Bernstein, Councilmember Charles E. Puckett, Councilmember Letitia Clark, Councilmember DECEMBER 4, 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 #2445 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. 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 7:00 P.M. CALL TO ORDER — Meeting #2445 INVOCATION — PLEDGE OF ALLEGIANCE — Mayor Pro Tem Gomez PRESENTATIONS — o Recognition of Mayor Elwyn A. Murray for Years of Service to the Tustin Community o Recognition of Mayor Pro Tem Rebecca Gomez for Years of Service to the Tustin Community CLOSED SESSION REPORT — City Attorney David E. Kendig 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 8) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA City Council December 4, 2018 Meeting Agenda Page 2 of 6 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 — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 20, 2018. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on November 20, 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 $825,607.67; and Demands in the amount of $1,553,708.40. 4. ADOPT RESOLUTION NO. 18-85 TO ACCEPT IMPROVEMENTS FOR THE RED HILL AVENUE WIDENING AND MEDIAN IMPROVEMENTS PROJECT FROM BARRANCA PARKWAY TO EDINGER AVENUE, CIP NOS. 70197, 70226 & 70227, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Red Hill Avenue Widening and Median Improvements Project from Barranca Parkway to Edinger Avenue, CIP Nos. 70197, 70226 & 70227, has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: That the City Council take the following actions: Adopt Resolution No. 18-85 accepting the construction of the Red Hill Avenue Widening and Median Improvements Project from Barranca Parkway to Edinger Avenue, CIP Nos. 70197, 70226 & 70227; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 18-85 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 RED HILL AVENUE WIDENING AND MEDIAN IMPROVEMENTS City Council December 4, 2018 Meeting Agenda Page 3 of 6 PROJECT FROM BARRANCA PARKWAY TO EDINGER AVENUE, CIP NOS. 70197, 70226 & 70227 5. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 265 PACIFIC STREET The Mills Act is State legislation that provides for reduced property taxes on an eligible historic property if the property owner agrees to maintain and preserve the property for a minimum of ten (10) years. On June 16, 1997, the City Council authorized the implementation of a Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft historic property preservation agreement for the property located at 265 Pacific Street. Owner: Maryann Cazzell, as Trustee of the Maryann Cazzell 2003 Revocable Family Living Trust (Ms. Cazzell) Location: 265 Pacific Street Recommendation: That the City Council adopt Resolution No. 18-91 authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with, Ms. Cazzell, the owner of the property, located at 265 Pacific Street. RESOLUTION NO. 18-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 265 PACIFIC STREET, TUSTIN, CALIFORNIA. 6. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 150 MOUNTAIN VIEW DRIVE The Mills Act is State legislation that provides for reduced property taxes on an eligible historic property if the property owner agrees to maintain and preserve the property for a minimum of ten (10) years. On June 16, 1997, the City Council authorized the implementation of a Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft historic property preservation agreement for the property located at 150 Mountain View Drive. The agreement contains standard language that is required by State law and customized terms, standards, and conditions for the property. Because the property is in very good condition, the improvements required over the minimum ten (10) -year contract term are relatively minor. City Council December 4, 2018 Meeting Agenda Page 4 of 6 Owner: Lee K. Fink Location: 150 Mountain View Drive Recommendation: That the City Council adopt Resolution No. 18-86 authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with Lee K. Fink, the owner of the property, located at 150 Mountain View Drive. RESOLUTION NO. 18-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 150 MOUNTAIN VIEW DRIVE, TUSTIN, CALIFORNIA. 7. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer/traffic impact fees, and funds expended by the City, which satisfy the Maintenance of Effort (MOE). The Orange County Transportation Authority (OCTA) established the MOE benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds; the City's required MOE expenditure is $1,455,691. Recommendation: That the Tustin City Council Adopt Resolution No. 18-90, adopting the Measure M2 Expenditure Report for Fiscal Year 2017-2018 (attached) and direct staff to file the report with the Orange County Transportation Authority. RESOLUTION NO. 18-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, THE ANNUAL MEASURE M2 FAIRSHARE EXPENDITURE REPORT FOR FISCAL YEAR 2017-2018 8. CITY OF TUSTIN STRATEGIC PLAN FY 2018/19 THROUGH FY 2022/23 The attached Strategic Plan for FY 2018/19 through FY 2022/23 reflects a lengthy collaborative process that builds upon the success of the prior Strategic Plan (FY 2012/13 through FY 2017/18) and has culminated in a document that will guide and inform policy and program decisions for the next five years. The strategic plan has been developed with consideration for the community and organization's most important priorities. City Council December 4, 2018 Meeting Agenda Page 5 of 6 Recommendation: That the City Council receive and file the attached Strategic Plan for the City of Tustin for FY 2018/19 through FY 2022-23. REGULAR BUSINESS ITEMS 9-10 9. DECLARING RESULTS OF NOVEMBER 6, 2018 GENERAL MUNICIPAL ELECTION On November 6, 2018, the City's General Municipal Election was held to elect two Members of the City Council. The Orange County Registrar of Voters has certified the results of that election. Recommendation: Adopt Resolution No. 18-92 declaring the results and other such matters as provided by law for the November 6, 2018 General Municipal Election. RESOLUTION NO. 18-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2018, AND OTHER SUCH MATTERS AS PROVIDED BY LAW INITIATIVE ORDINANCE NO. 1499 AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 2703 OF THE TUSTIN CITY CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX 10. MAYOR AND MAYOR PRO TEM SELECTION The City Council selects those members of the Council who will serve as Mayor and Mayor Pro Tem for the following year. Recommendation: Pleasure of the City Council. 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. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, December 18, 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 December 4, 2018 Meeting Agenda Page 6 of 6