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Home My WebLink About00 CC AGENDA 2.5.19CITY OF TUSTIN REGULAR FEBRUARY 5, 2019 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Dr. Allan Bernstein, Mayor Pro Tem Matthew S. West, Acting City Manager Letitia Clark, Councilmember Charles E. Puckett, Mayor Vacant, 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 #2448 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 — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2) and (e)(5). (1 case) 4. CONFERENCE WITH LABOR NEGOTIATORS [Government Code § 54957.6] - (1 case) A. Unrepresented employee: Acting City Manager, Matthew S. West Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources 5. PUBLIC EMPLOYEE APPOINTMENT (Cal. Gov't Code section 54957(b)(1).) A. Title: City Treasurer REGULAR MEETING OF THE TUSTIN CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2448 INVOCATION - Pastor Eric Wakeling PLEDGE OF ALLEGIANCE — Councilmember Cooper PRESENTATIONS — ■ Legacy Magnet Academy, Tustin Unified School District ■ Retired City Manager, Jeffrey C. Parker City Council February 5, 2019 Meeting Agenda Page 2 of 7 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 8) 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 — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JANUARY 15, 2019. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on January 15, 2019. 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 $749,012.91; and Demands in the amount of $7,840,386.08. 4. PORTION OF DISPOSITION PACKAGE 8 AND 2C - TUSTIN LEGACY EXCLUSIVE NEGOTIATING AGREEMENT Request for authorization to enter into an Exclusive Negotiating Agreement (ENA) with Brookfield Homes Southern California, LLC (Developer) for the disposition and development of a portion of Disposition Package 8 and 2C at Tustin Legacy for the development of for -sale residential units. City Council February 5, 2019 Meeting Agenda Page 3 of 7 Recommendation: That the City Council authorize the Acting City Manager to execute the Exclusive Negotiating Agreement between the City of Tustin and Developer. 5. DECLARATION OF SURPLUS PROPERTY The City has accumulated a quantity of obsolete and/or damaged computer and other equipment that are no longer usable or required for public use. Recommendation: That the City Council: 1. Declare the listed equipment surplus and not required for public use. 2. Authorized staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. 6. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CITRUS RANCH PARK PICNIC SHELTER (CIP No. 20081) This project includes the construction of a new picnic shelter at Citrus Ranch Park. Recommendation: Staff recommends that the City Council approve Resolution No. 19-04, approving plans and specifications for the construction of the Citrus Ranch Park Picnic Shelter (CIP No. 20081) and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 19-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CITRUS RANCH PARK PICNIC SHELTER (CIP No. 20081) 7. CITY OF TUSTIN COMMUNITY DEVELOPMENT 2018 YEAR IN REVIEW Throughout the year, staff provides the City Council with a status of projects that the Planning Commission, Zoning Administrator, or Community Development Director approved; major improvement projects; and other items of interest. The Community Development Department's 2018 Year in Review summarizes the Community Development Department's activities throughout 2018 including discretionary permits processed and approved (i.e. Conditional Use Permits, Design Reviews, Subdivision Maps, etc.), major accomplishments for various functional areas within the Department, Code Enforcement activities, and Building Division activities. Recommendation: That the City Council receive and file the report. City Council February 5, 2019 Meeting Agenda Page 4 of 7 8. ADOPT RESOLUTION NO. 19-05 TO ACCEPT IMPROVEMENTS FOR THE PARK AVENUE IMPROVEMENTS FROM TUSTIN RANCH ROAD TO WARNER AVENUE CONSTRUCTION PROJECT (CIP NO. 70233) WITHIN THE DISTRICT, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Park Avenue Improvements from Tustin Ranch Road to Warner Avenue Construction Project (CIP No. 70233) within The District, 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. 19-05 accepting the construction of the Park Avenue Improvements from Tustin Ranch Road to Warner Avenue Construction Project (CIP No. 70233) within The District; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 19-05 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 PARK AVENUE IMPROVEMENTS FROM TUSTIN RANCH ROAD TO WARNER AVENUE CONSTRUCTION PROJECT (CIP NO. 70233) WITHIN THE DISTRICT REGULAR BUSINESS ITEMS 9-11 9. 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 thirteen (13) applications, but two (2) applicants subsequently withdrew their interest. The Community Development Director, City's Building Official, and Assistant Director interviewed the eleven (11) applicants and is now recommending that the City Council appoint five candidates to 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) candidates would serve a four (4) year term and two (2) candidates would serve a two (2) year term. Recommendation: That the City Council appoint three (3) candidates to serve a four (4) year term as follows: Scoba Rhodes, Fred Moore, and Kevin Verdi; and, City Council February 5, 2019 Meeting Agenda Page 5 of 7 appoint two (2) candidates to serve a two (2) year term as follows: Wendy Brough and John Parker. 10. APPROVAL OF AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT WITH MATTHEW S. WEST, AS ACTING CITY MANAGER This agenda item calls for the City Council to consider approval of Amendment No. 3 to the Employment Agreement with Matthew S. West to serve as Acting City Manager. Recommendation: City Council discretion. 11. 2019 COMMISSION APPOINTMENTS Council direction is needed to fill (2) two vacancies on the Planning Commission and (1) vacancy on the Community Services Commission. On December 18, 2018, the City Council reappointed Commissioners on the Audit Commission, Planning Commission and Community Services Commission whose terms were expiring on March 1, 2019. Further, the City Council appointed an ad hoc committee consisting of Councilmember Letitia Clark and Councilmember Austin Lumbard to interview candidates for the remaining vacancies and make a recommendation to the full City Council. On January 23, 2019 the ad hoc committee interviewed a total of (23) twenty- three candidates. Councilmember Clark and Councilmember Lumbard are recommending the following candidates for Council's consideration: Community Services Commission (one vacancy) 1. Emi Embler, P.h.D, Instructional Laboratory Director University of Southern California, Los Angeles Planning Commission (two vacancies) 1. AJ Jha, Chief Executive Office, Tustin Auto Gas Works 2. Ryan Gallagher, Vice President, Gannett Fleming, Irvine Recommendation: Pleasure of the City Council. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS City Council February 5, 2019 Meeting Agenda Page 6 of 7 ADJOURNMENT — The next meeting is scheduled on Tuesday, February 19, 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 February 5, 2019 Meeting Agenda Page 7 of 7