HomeMy WebLinkAbout00 CC AGENDA 12.18.18CITY OF TUSTIN REGULAR DECEMBER 18, 2018
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
Dr. Allan Bernstein, Mayor Pro Tem Jeffrey C. Parker, City Manager/
Letitia Clark, Councilmember Charles E. Puckett, Mayor City Treasurer
Barry W. Cooper, Councilmember Erica N. Yasuda, City Clerk
Austin Lumbard, Councilmember David E. Kendig, City Attorney
CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — Meeting #2446
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]: (2 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
City Council December 18, 2018
Meeting Agenda Page 2 of 10
REGULAR MEETING OF THE TUSTIN CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2446
INVOCATION — Chaplain Devin Chase
PLEDGE OF ALLEGIANCE — Councilmember Lumbard
PRESENTATION —
o Orange County Mosquito and Vector Control, District Manager Rick Howard
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 11)
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.
City Council December 18, 2018
Meeting Agenda Page 3 of 10
2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY
COUNCIL HELD ON DECEMBER 4, 2018 AND THE SPECIAL CITY COUNCIL
MEETING HELD ON DECEMBER 6, 2018.
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on December 4, 2018 and the Special
City Council Meeting held on December 6, 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 $824,451.45; and Demands in the amount of $7,173,137.92.
4. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 124 NORTH B 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. The subject
property of this report is not currently an eligible property because it is not listed
in the City's official surveys of historical resources. Property owners request the
City Council add the property to the 2003 survey because the property was not
fully evaluated at the time the survey was completed to allow them to proceed
with approval of a Mills Act contract.
On December 11, 2018, the Planning Commission, in its historic resources
advisory role to the City Council, has recommended that the City Council approve
the request for addition of the property to the City's 2003 Historic Resources
Survey by addendum.
Owner: Clay & Kristle Jorth
Location: 124 North B Street
Recommendation: That the City Council adopt Resolution No. 18-83 finding the
property is eligible for listing and adding the property to the 2003 Historical
Resources Survey by Addendum and authorizing the execution of a Historic
Property Preservation Agreement (Mills Act Contract) with Clay and Kristle Jorth,
the owners of the property located at 124 North B Street.
RESOLUTION NO. 18-83
City Council December 18, 2018
Meeting Agenda Page 4 of 10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING PROPERTY TO THE CITY OF TUSTIN 2003
HISTORICAL RESOURCES SURVEY BY ADDENDUM AND 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 124 NORTH B STREET, TUSTIN,
CALIFORNIA.
5. 2019 LOCAL APPOINTMENTS LIST
Prior to December 31 st of each year, the Maddy Act requires municipal agencies to
prepare and post a listing of all Commission/Committee vacancies for the upcoming
year.
Recommendation: Approve the 2019 Local Appointments List for the Planning,
Community Services, and Audit Commissions and post notice as required by law.
6. AWARD OF CONTRACT FOR GRAFFITI ABATEMENT SERVICES
The City maintains an active graffiti removal program to provide prompt removal
of graffiti on public and private property within the City of Tustin. The City currently
contracts with Woods Maintenance Services, Inc. (Graffiti Control Systems) for
graffiti abatement services and the current contract is due to expire on February
1, 2019.
On September 4, 2018, the City Council authorized staff to advertise for bids for
the graffiti removal program; therefore, the Community Development Department
proceeded with a Notice to Invite Bids. The bids were posted on the following
sites: Construction Bid Source, SoCal Builders, Plan Room of AGCSD, & Tustin
News, mailed to interested parties and posted on the City's website. Two (2) bids
were submitted before the deadline of October 16, 2018. The two (2) bids
submitted were by:
1. Wood Maintenance Services, Inc. (current City contractor)
2. Urban Graffiti Enterprises, Inc. (lowest -cost responsive bidder)
Recommendation: That the City Council authorize the Community
Development Director to enter into a contract with Urban Graffiti Enterprises, Inc.
for the removal of graffiti from public and private property effective February 1,
2019 for a one (1) year contract with four (4) possible one (1) year extensions
from Fiscal Year 2019-2020 through Fiscal Year 2023-2024.
7. AWARD CONTRACT FOR THE TUSTIN LEGACY LINEAR PARK SEGMENTS
3 & 4 IMPROVEMENTS, CIP NO. 20077 CONSTRUCTION PROJECT
Staff is recommending that the City Council award the construction contract for
the Tustin Legacy Linear Park Segments 3 & 4 Improvements Construction
City Council December 18, 2018
Meeting Agenda Page 5 of 10
Project, CIP No. 20077, to the lowest responsive / responsible bidder, Marina
Landscape, Inc.
Recommendation: It is recommended that the City Council:
1. Deny the bid protest submitted by Klassic Engineering & Construction,
Inc.;
2. Award the construction contract for the Tustin Legacy Linear Park
Segment 3 & 4 Improvements Construction Project, CIP No. 20077, to the
lowest responsive/responsible bidder, Marina Landscape, Inc. in the
amount of $ 4,563,290.00 and authorize the Mayor and the City Clerk to
execute the contract documents on behalf of the City; and
3. Appropriate $400,000 from MCAS Backbone Infrastructure Fees (Fund
187).
8. AWARD CONTRACT FOR TRAFFIC SIGNAL INSTALLATION PROJECTS AT
LANSDOWNE ROAD/VALENCIA AVENUE AND PARKCENTER
LANE/BRYAN AVENUE INTERSECTIONS (CIP Nos. 40090 AND 40091)
Staff is recommending that the City Council award the construction contract for
the Traffic Signal Installation Projects at Lansdowne Road/Valencia Avenue and
Parkcenter Lane/Bryan Avenue Intersections, CIP Nos. 40090 and 40091, to the
lowest responsive/responsible bidder, Sturgeon Electric California, LLC.
Recommendation: It is recommended that the City Council award the
construction contract for the Traffic Signal Installation Projects at Lansdowne
Road/Valencia Avenue and Parkcenter Lane/Bryan Avenue Intersections, CIP
Nos. 40090 and 40091, to the lowest responsive/responsible bidder, Sturgeon
Electric California, LLC, in the amount of $670,500.00 and authorize the Mayor
and the City Clerk to execute the contract documents on behalf of the City.
9. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
ADVERTISEMENT OF BIDS FOR THE TUSTIN RANCH ROAD/EL CAMINO
REAL IMPROVEMENTS PROJECT (CIP NO. 70239)
The plans and specifications for the Tustin Ranch Road/EI Camino Real
Improvements Project (CIP No. 70239) have been prepared and the project is now
ready for bid.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 18-93 approving the plans and specifications for
the Tustin Ranch Road/EI Camino Real Improvements Project (CIP No.
70239); and;
2. Authorize the City Clerk to advertise to receive bids.
City Council December 18, 2018
Meeting Agenda Page 6 of 10
RESOLUTION NO. 18-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN
RANCH ROAD/EL CAMINO REAL IMPROVEMENTS PROJECT CIP NO. 70239
AND AUTHORIZING ADVERTISEMENT FOR BIDS
10. APPROVE AMENDMENT TO THE OCTA COOPERATIVE AGREEMENT NO.
C-3-2007 FOR THE SEVENTEENTH STREET/ WESTMINSTER AVENUE
RTSSP PROJECT
On January 21, 2014, the City Council approved a Cooperative Agreement
between Orange County Transportation Authority (OCTA), County of Orange and
Cities of Orange and Tustin for the Newport Avenue/Boulevard (North) Regional
Traffic Signal Synchronization Program (RTSSP) Project. The Amendment is
required to extend the completion date of the project to June 30, 2019.
Recommendation: It is recommended that the City Council approve
Amendment No. 1 to Cooperative Agreement No. C-3-2007 dated April 4, 2014,
between OCTA, County of Orange and Cities of Orange and Tustin for the
Newport Avenue/Boulevard (North) RTSSP, and authorize the Mayor and City
Clerk to execute the agreement on behalf of the City.
11. HOUSING SUCCESSOR AGENCY ANNUAL REPORT FOR FISCAL YEAR
2017-2018
In accordance with Senate Bill 341's amendments to Health & Safety Code
Section ("HSC") 34176.1(f), the Tustin Housing Authority, serving as the Housing
Successor Agency to the former Tustin Community Redevelopment Agency, has
prepared an annual report for filing with the Tustin Housing Authority Commission
and the Tustin City Council.
Recommendation:
It is recommended the Tustin Housing Authority Commissioners take the following
actions:
• Receive and file the Housing Successor Agency Annual Report for Fiscal
Year ("FY") 2017-2018 and transmit such report to the Tustin City Council.
It is recommended the City Council take the following actions:
• Receive and file the Housing Successor's Annual Report for FY 2017-
2018.
Direct that a copy of the Housing Successor Agency Annual Report be
posted on the City of Tustin's website at www.tustinca.org
City Council December 18, 2018
Meeting Agenda Page 7 of 10
REGULAR BUSINESS ITEMS 12-15
12. RESOLUTIONS AUTHORIZING CONSTRUCTION AND OPERATION OF A
SHELTER FACILITY FOR UNSHELTERED INDIVIDUALS AT THE FORMER
ARMY RESERVE SITE AT 2345 BARRANCA PARKWAY, AND DECLARING
THE NEED FOR THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY FOR
CONSTRUCTION OF THE FACILITY
Approval of the attached Resolutions will authorize the construction and operation
of an emergency shelter for unsheltered individuals at the site of the former Army
Reserve at 2345 Barranca Parkway, near Tustin Ranch Road, APN 430-021-30
(the "Army Reserve Site") and will declare the need for the immediate expenditure
of public monies for construction of the facility without formal Public Contract
Code bidding due to the urgent need to construct and open such facilities.
Recommendation: That the City Council:
1. Adopt Resolution 18-95 (Attachment A) authorizing establishment,
construction and operation of temporary shelter for unsheltered
individuals at former Army Reserve Site; and
2. Adopt Resolution 18-96 (Attachment B) declaring the necessity of the
immediate expenditure of public money to construct the shelter pursuant
to Public Contract Code § 20168; and delegating authority to order action
in furtherance of such conversion pursuant to Public Contract Code §
22050(8)(1); (4/5ths vote required); and
3. Approve the Notice of Exemption (Exhibit C) and direct staff to file it with
the County Clerk; and
4. Appropriate $1,470,000 from General Fund (Fund 100) and $250,000
from Tustin Housing Authority (Fund 575) for a total appropriation of
$1,720,000, not -to -exceed without prior City Council authorization, to
cover expenditures necessary to design, furnish, and construct the
Emergency Homeless Shelter.
RESOLUTION NO. 18-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AUTHORIZING ESTABLISHMENT, CONSTRUCTION AND OPERATION OF
TEMPORARY SHELTER FOR UNSHELTERED INDIVIDUALS AT THE
FORMER ARMY RESERVE SITE LOCATED AT 2345 BARRANCA PARKWAY
RESOLUTION NO. 18-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
DECLARING THE NECESSITY OF THE IMMEDIATE EXPENDITURE OF
PUBLIC MONEY TO ESTABLISH, CONSTRUCT AND OPERATE A
TEMPORARY SHELTER FOR UNSHELTERED INDIVIDUALS AT THE
City Council December 18, 2018
Meeting Agenda Page 8 of 10
FORMER ARMY RESERVE SITE LOCATED AT 2345 BARRANCA PARKWAY,
PURSUANT TO PUBLIC CONTRACT CODE § 22050(b)(1))
13. RESOLUTIONS AUTHORIZING CONSTRUCTION AND OPERATION OF A
SHELTER FACILITY FOR UNSHELTERED INDIVIDUALS ON THE VACANT
PARCEL LOCATED ADJACENT TO AND SOUTH OF WARNER AVENUE
AND EAST OF ARMSTRONG AVENUE, AND DECLARING THE NEED FOR
THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY FOR CONSTRUCTION
OF THE FACILITY
Approval of the attached Resolutions will authorize the construction and operation
of an emergency shelter for unsheltered individuals at the corner of Warner
Avenue and Armstrong Avenue, south of Warner and east of Armstrong, APN
430-371-40 (the "Warner/Armstrong Site"), and will declare the need for the
immediate expenditure of public monies for construction of the facility without
formal Public Contract Code bidding due to the urgent need to construct and open
such facilities.
Recommendation: That the City Council:
1. Adopt Resolution 18-97 (Attachment A) authorizing establishment,
construction and operation of temporary shelter for unsheltered individuals
at the Warner/Armstrong Site; and
2. Adopt Resolution 18-98 (Attachment B) declaring the necessity of the
immediate expenditure of public money to construct the shelter pursuant
to Public Contract Code § 20168; and delegating authority to order action
in furtherance of such conversion pursuant to Public Contract Code §
22050(8)(1); (4/5ths vote required); and
3. Approve the Notice of Exemption (Exhibit C) and direct staff to file it with
the County Clerk; and
4. Appropriate $2,830,000 from General Fund (Fund 100) and $250,000 from
Tustin Housing Authority (Fund 575) for a total appropriation of
$3,080,000, not -to -exceed without prior City Council authorization, to
cover expenditures necessary to design, furnish, and construct the
Emergency Homeless Shelter.
RESOLUTION NO. 18-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AUTHORIZING ESTABLISHMENT, CONSTRUCTION AND OPERATION OF
TEMPORARY SHELTER FOR UNSHELTERED INDIVIDUALS ON THE VACANT
PARCEL LOCATED ADJACENT TO AND SOUTH OF WARNER AVENUE AND
EAST OF ARMSTRONG AVENUE
RESOLUTION NO. 18-98
City Council December 18, 2018
Meeting Agenda Page 9 of 10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
DECLARING THE NECESSITY OF THE IMMEDIATE EXPENDITURE OF
PUBLIC MONEY TO ESTABLISH, CONSTRUCT AND OPERATE A
TEMPORARY SHELTER FOR UNSHELTERED INDIVIDUALS ON THE
VACANT PARCEL LOCATED ADJACENT TO AND SOUTH OF WARNER
AVENUE AND EAST OF ARMSTRONG AVENUE, PURSUANT TO PUBLIC
CONTRACT CODE § 22050(b)(1))
14. 2019 COMMISSION VACANCIES
Due to term expirations, staff is requesting that the City Council provide direction
on the desired process to fill upcoming vacancies on the Planning, Audit, and
Community Services Commissions.
Recommendation: Pleasure of the City Council.
15. 2019 MAYORAL APPOINTMENTS TO COMMITTEES
Annually, following selection of the Mayor, the Mayor appoints those members of
the City Council who will serve on various City and Regional committees.
Recommendation:
1. Confirm the attached appointments as recommended by the Mayor; and
2. Adopt Resolution No. 18-94, designating and appointing a representative
to the Orange County Fire Authority's Board of Directors; and
3. Adopt FPPC Form 806: Agency Report of Public Official Appointments and
direct staff to post on the City's website.
RESOLUTION NO. 18-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO
THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCILMEMBER COMMENTS AND REPORTS
ADJOURNMENT — The next meeting is scheduled on Tuesday, January 15, 2019 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 18, 2018
Meeting Agenda Page 10 of 10