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Home My WebLink About00 CC AGENDA 2.19.19CITY OF TUSTIN REGULAR FEBRUARY 19, 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 Acting 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 #2449 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. LIABILITY CLAIMS -[Government Code § 54956.95] — (10 cases) A. Claim No. 18-21, Claim of Joe Salter B. Claim No. 18-23, Claim of Gina Dugan C. Claim No. 18-27, Claim of Alfredo Belmonte D. Claim No. 18-29, Claim of Charles Lewis E. Claim No. 18-30, Claim of Orlando Gonzalez Garcia F. Claim No. 18-31, Claim of Mehdi Ansari G. Claim No. 18-32, Claim of Mercury Insurance Company (as subrogee for) Dean Graves H. Claim No. 18-35, Claim of Fatah Ammi I. Claim No. 18-36, Claim of Yao (Jackie) Liu J. Claim No. 19-01, Claim of Marek Przywara 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (2 cases) A. Property Address/Description 430-252-05 Agency City of Tustin City Negotiators Matthew S. West, Acting City Manager & Jerry Craig, Deputy Director of Economic Development Negotiating Parties OUTFRONT Media, Collin Smith, Vice President — National Real Estate Group Under Negotiation Price and Terms of Payment B. Property Address/Description Future development of 85 +/- Parcel at Former MCAS Tustin at corner of Valencia Avenue and Armstrong Avenue in the City of Tustin Agency City of Tustin City Negotiators Matthew S. West, Acting City Manager Negotiating Parties Thomas A. Miller, County of Orange, Chief Real Estate Officer, U.S. Department of the Navy Under Negotiation Price and Terms of Payment 5. 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 City Council February 19, 2019 Meeting Agenda Page 2 of 8 REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2449 INVOCATION - Pastor Seth A. Britton PLEDGE OF ALLEGIANCE — Mayor Pro Tem Dr. Allan Bernstein PRESENTATION — ■ Tustin Boys and Girls Club 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 12) 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 FEBRUARY 5, 2019. City Council February 19, 2019 Meeting Agenda Page 3 of 8 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 5, 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 $811,636.84; and Demands in the amount of $3,885,961.11. 4. FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC (AT&T) FOR EXISTING WIRELESS FACILITIES AT TUSTIN SPORTS PARK (12850 ROBINSON DRIVE) First Amendment to Communications Site License Agreement between the City of Tustin and New Cingular Wireless PCS, LLC (AT&T). The Amendment would allow New Cingular Wireless PCS, LLC to make additional improvements to an existing communications site as described in Exhibit 3-A of the attachment. Recommendation: It is recommended that the City Council take the following actions: 1. Approve the attached First Amendment to Communications Site License Agreement with New Cingular Wireless PCS, LLC; and 2. Authorize the Acting City Manager to execute this First Amendment. 5. ADOPT RESOLUTION NO. 19-06 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2019-2020 State law requires an engineering analysis each year to identify property benefits and to levy assessments in the Tustin Landscape and Lighting District. Resolution No. 19-06 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2019-2020. Recommendation: It is recommended that the City Council adopt Resolution No. 19-06 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2019-2020. RESOLUTION NO. 19-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2019-2020 City Council February 19, 2019 Meeting Agenda Page 4 of 8 6. 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 make 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: Receive and file. 7. APPROVE GRANT OF EASEMENT TO IRVINE RANCH WATER DISTRICT OVER A PORTION OF LOT "I" OF TRACT NO. 17144 IN TUSTIN LEGACY Construction of the ongoing Tustin Legacy Linear Park (CIP No. 20077) includes installation of Irvine Ranch Water District facilities within the roadway and adjacent parcel. It is therefore necessary for the City of Tustin to grant an easement to Irvine Ranch Water District (IRWD) for the sole object and purpose of constructing and maintaining IRWD facilities on the easement area, as described in the Grant of Easement. Recommendation: It is recommended that the City Council grant an easement to the Irvine Ranch Water District over a Portion of Lot "I" of Tract No. 17144 as shown on the attached easement document exhibits for Irvine Ranch Water District facilities and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 8. ADOPT RESOLUTION NO. 19-08 TO ACCEPT IMPROVEMENTS FOR THE FY 2017-18 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP NO. 70017) Construction of the Fiscal Year (FY) 2017-18 Roadway Rehabilitation and Sidewalk Repair Project (CIP No. 70017) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that the City Council take the following actions: 1. Adopt Resolution No. 19-08 accepting the construction of the FY 2017-18 Roadway Rehabilitation and Sidewalk Repair Project (CIP No, 70017); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 19-08 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 FY 2017-18 City Council February 19, 2019 Meeting Agenda Page 5 of 8 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP NO. 70017) 9. CANCELLATION OF THE MARCH 19, 2019 CITY COUNCIL MEETING Due to a lack of quorum, staff recommends cancellation of the March 19, 2019 City Council meeting. Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting on March 19, 2019. The City Council hereby waives notice of said meeting as required by Government Code §54954. 10. AGREEMENT FOR TRANSFER OF OWNERSHIP OF A POLICE SERVICE DOG Officer Chuck Mitchell will be rotating out of the Canine Program and into the Patrol Division, effective shift change March 18, 2019. PSD Kingsley is a 4 1/2 year-old Belgian Malinois and has served as a Tustin Police Canine for two years. It is difficult for a mature PSD to be re-trained and form a bond with a new handler due to its age. Based on the unique bond between canine and handler, Officer Mitchell has agreed to accept ownership of Kingsley. The Agreement for Transfer of Ownership of a Police Service Canine has been reviewed and approved as to form by the City Attorney. Recommendation: Approve the Agreement for Transfer of Ownership for a Police Services Dog between the City of Tustin and Officer Chuck Mitchell so that Kingsley can live out the remainder of his days with the Mitchell family. 11. 2017-2018 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT The 1980 amendments to the National Historic Preservation Act of 1966 provided for the establishment of a Certified Local Government Program (CLG) to encourage the participation of local governments in the identification, evaluation, registration, and preservation of historic properties and promote the integration of the local historic preservation into local planning and decision-making processes. As a participant in the program, the City of Tustin is required to submit an annual report to the State of California Office of Historic Preservation (OHP). The attached annual report summarizes the City's historic preservation efforts and describes how the City met the requirements of the program during the 2017-18 reporting period. The Planning Commission as Historic and Cultural Resources Advisor reviewed the report as required by the OHP on February 12, 2019. Recommendation: That the City Council receive and file the report. 12. TUSTIN LEGACY DISPOSITION PARCEL 1C - RETAIL PARCEL CERTIFICATE OF COMPLIANCE City Council February 19, 2019 Meeting Agenda Page 6 of 8 Approval is requested for the Retail Parcel Certificate of Compliance for Disposition Parcel 1 C (The Village at Tustin Legacy). Recommendation: That the City Council authorize the Acting City Manager to execute the Retail Parcel Certificate of Compliance, 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. 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 13) 13. PUBLIC HEARING SETTING SOLID WASTE RATES The City Council approved a new contract with CR&R, Incorporated (CR&R) on October 2, 2018. Services under the new contract will begin on April 1, 2019. Prior to solid waste and recycling rates being charged in accordance with the new contract, the City Council is required by Proposition 218 to notify all affected property owners and conduct a protest hearing to review and set rates. Written notification has been provided to all property owners in accordance with Proposition 218. Recommendation: It is recommended that the City Council conduct a public hearing to receive testimony on the proposed solid waste and recycling rates scheduled to take effect April 1, 2019 and if no majority protest exists, approve the rates related to the recently awarded contract with CR&R, Incorporated. REGULAR BUSINESS ITEM 14 14. PROPOSED ORDINANCE AND RESOLUTIONS AMENDING THE CITY'S PREFERENTIAL PERMIT PARKING PROGRAM TO PROVIDE EACH ELIGIBLE RESIDENCE REQUESTING A PERMIT AT LEAST ONE PARKING PERMIT At its January 15, 2019 meeting the City Council directed City staff to prepare proposed revisions to the City's permit parking program to allow one permit, per residence, without inspection, for the Council's consideration, and to coordinate a workshop regarding City-wide parking issues. The workshop will occur at a future meeting. This item would ensure that eligible residences would receive at least one parking permit. The proposed amendments to the City's Preferential Permit Parking Program would assure each eligible residence in existing and future permit parking areas (both inside and outside of Old Town) one (1) parking permit upon request, whether or not that residence makes full utilization of its off-street parking. Recommendation: That the City Council: City Council February 19, 2019 Meeting Agenda Page 7 of 8 1. Conduct first reading by title only of Ordinance No. 1500 amending Tustin City Code section 5331(n) and adding new Tustin City Code section 5331(o); and 2. Approve Resolution No. 19-09 amending the Policies and Procedures for Preferential Permit Parking on Public Streets Within the Old Town Residential Area; 3. Approve Resolution No. 19-10 amending the Policies and Procedures for Preferential Permit Parking on Public Streets Outside the Old Town Residential Area; ORDINANCE NO. 1500 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5331 (STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS), SUBSECTION "N" (PARKING BY PERMIT ONLY); AND ADDING A NEW SUBSECTION "0" TO SECTION 5331 OF THE TUSTIN CITY CODE REGARDING THE CITY'S PERMIT PARKING PROGRAM. RESOLUTION NO. 19-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING AMENDED POLICIES AND PROCEDURES FOR PREFERENTIAL PERMIT PARKING ON PUBLIC STREETS WITHIN THE OLD TOWN RESIDENTIAL AREA RESOLUTION 19-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE AMENDED POLICIES AND PROCEDURES FOR PREFERENTIAL PERMIT PARKING ON PUBLIC STREETS OUTSIDE THE OLD TOWN RESIDENTIAL AREA. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, March 5, 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 19, 2019 Meeting Agenda Page 8 of 8