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Home My WebLink About00 CC AGENDA 4.2.19CITY OF TUSTIN REGULAR APRIL 2, 2019 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN .tom 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 #2451 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): (3 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)] - (4 cases) A. Name of Claim: James Brabeck: Case No. WCAB #ADJ11026274 B. Name of Claim: Sean Quinn: Case Nos. WCAB #ADJ10882862 and WCAB #ADJ10882866 C. Ali Mousavi and Malgorzata Mousavi vs. City of Tustin: Case No. 30-2017- 00947346 D. Mary Wong vs. City of Tustin, Case No: 30-2017-00951612 4. LIABILITY CLAIMS - [Government Code § 54956.95] — (3 cases) A. Claim No. 18-26, Claim of Julio Almanza Villagomez B. Claim No. 19-03, Claim of Marianella Castillo C. Claim No. 19-06, Claim of Sepehr Mojab 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. 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 6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code § 54956.9(a)] — (2 cases) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE B. William Ross vs. City of Tustin; J. Cartwright, ID 718; R. Ward, ID 1243; S. Kimosh, ID 1265; M. Jensen, ID 1143; M. Fitzpatrick, ID 1260; Case No. 8:18 - CV -2219 7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code § 54957(d)(1)] — (1 case) A. Title: Acting City Manager City Council April 2, 2019 Meeting Agenda Page 2 of 7 REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2451 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion PRESENTATIONS — ■ Recognition of Deputy Police Chief Jeffrey Blair for 30 Years of Service ■ Proclamation Recognizing Fair Housing Month ■ Community College Awareness Month 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. 2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 5, 2019. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on March 5, 2019. City Council April 2, 2019 Meeting Agenda Page 3 of 7 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 amounts of $812,803.14 and $790,604.44; and Demands in the amount of $873257099.36. 4. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF JAMES BRABECK Adoption of the attached Resolution will certify that James Brabeck is industrially disabled from his position of Police Sergeant and enable CalPERS to process his industrial disability retirement. Recommendation: Adopt Resolution No. 19-11 finding that Police Sergeant James Brabeck is industrially disabled from performing the duties of his position. RESOLUTION NO. 19-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT JAMES BRABECK, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE SERGEANT 5. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF SEAN QUINN Adoption of the attached Resolution will certify that Sean Quinn is industrially disabled from his position of Police Sergeant and enable CalPERS to process his industrial disability retirement. Recommendation: Adopt Resolution No. 19-12 finding that Police Sergeant Sean Quinn is industrially disabled from performing the duties of his position. RESOLUTION NO. 19-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT SEAN QUINN, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE SERGEANT 6. AWARD CONTRACT FOR THE TUSTIN RANCH ROAD/EL CAMINO REAL IMPROVEMENT PROJECT (CIP NO. 70239) Staff is recommending that the City Council award the construction contract for the Tustin Ranch Road/EI Camino Real Improvement Project (CIP No. 70239) to the lowest responsive/responsible bidder, Hillcrest Contracting, Inc. Recommendation: It is recommended that the City Council award the construction City Council April 2, 2019 Meeting Agenda Page 4 of 7 contract for the Tustin Ranch Road/EI Camino Real Improvement Project (CIP No. 70239) to the lowest responsive/responsible bidder, Hillcrest Contracting, Inc., in the amount of $1,676,340.08 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 7. AUTHORIZE A PROFESSIONAL SERVICES CONTRACT FOR TREASURY CONSULTING SERVICES INCLUDING ASSESSMENT OF BANKING SERVICES Staff is recommending that the City Council authorize a professional services contract with PFM Asset Management LLC for treasury consulting services, including an assessment of banking services and preparation of a Request for Proposal (RFP) for banking services. Recommendation: That the City Council: Authorize a professional services contract with PFM Asset Management LLC for treasury consulting services, including assessment of banking services and preparation of an RFP for banking services; and 2. Appropriate $50,000 from Land Sale Proceeds Fund (Fund 189) reserves for the project. 8. AWARD OF BID FOR THE CITRUS RANCH PARK PICNIC SHELTER (CIP No. 20081) The bid opening for the Citrus Ranch Park Picnic Shelter project was held on March 4, 2019. This project was identified by the Community Services Commission as the next project to be completed on their seven-year Capital Improvement Project priority list. Recommendation: Staff recommends that City Council award the construction contract to A2Z Construct, Inc. of Rancho Santa Margarita, California, in the amount of $138,000 subject to the approval of contract requirements by the City Attorney and final execution of the contract. 9. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the third quarter of 2018. The average noise level measured at Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained fairly consistent with prior quarters during this third quarter reporting period. Average noise levels during the third quarter continued to remain well below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: Receive and file. City Council April 2, 2019 Meeting Agenda Page 5 of 7 10. PLANNING COMMISSION AS HISTORIC AND CULTURAL RESOURCES ADVISOR PROGRAM - 2019 WORK 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. Between June and November, 2018, staff provided the City Council with historical background related to the State Office of Historic Preservation (SHPO) Certified Local Government (CLG) requirements, Orange County and statewide CLG processes, and other relevant information related to historic and cultural resources. On November 6, 2018, the City Council adopted Resolution 18-78 affirming the Planning Commission as the Historical and Cultural Resources Advisor to the City Council and establishing a program defining the Planning Commission roles, responsibilities and annual work program (Attachment A). On March 26, 2019, the Planning Commission adopted Resolution 4376, approving the 2019 Planning Commission as Historic and Cultural Resources Advisor Work Program. This report is intended to provide City Council with information of Planning Commission as Historic and Cultural Resources Advisor action related to historic resources and preservation efforts. Recommendation: That the City Council receive and file the report. 11. AWARD OF CONTRACT FOR BIDS FOR THE POLICE DEPARTMENT EVIDENCE ROOM HVAC PROJECT CIP NO. 10032 Staff is requesting that the City Council award the construction contract for the Police Department Evidence Room HVAC Project (CIP No. 10032) to the lowest responsive/responsible bidder. Recommendation: It is recommended that the City Council award the construction contract for the Police Department Evidence Room HVAC Project CIP No. 10032 to the lowest responsive/responsible bidder, TBC Contractors Corporation, in the amount of $198,620.00 and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. REGULAR BUSINESS ITEMS 12-13 12. COMMENDATION AND TUSTIN HISTORIC REGISTER PROGRAM/PLAQUES FOR NON -HISTORIC PROPERTIES — 195 EL CAMINO REAL The City Commendation Program recognizes an Old Town property of outstanding merit as often as every calendar quarter. The Community Development Department (CDD) nominated the property at 195 EI Camino Real for a commendation and the Planning Commission as Historic and Cultural Resources Advisor, approved the commendation on March 12, 2019. This is the first non -historic building that has City Council April 2, 2019 Meeting Agenda Page 6 of 7 received a commendation in Old Town Tustin. Pursuant to the Commendation Program, following the Planning Commission's approval, the City Council would recognize the property owner and present the commendation at the next available City Council meeting. When the Planning Commission approves a commendation, the CDD acknowledges the commended property with a decorative "Outstanding Property" sign that can be displayed on the property for the quarter in which the commendation is awarded and a bronze plaque that can be permanently affixed to the building. For a historic property, the plaque bears the construction date of the building, up to two (2) lines of text, and the words "Tustin Historic Register". The question arose before the Planning Commission as to whether a historic plaque is appropriate for a non -historic building in light of the historic nature of previously awarded plaques. As a result, staff is recommending a plaque design for non -historic structures that distinguishes the property from those on the Historic Register. Recommendation: That the City Council commend the building at 195 EI Camino Real (Del Rio Building) and its owners as a property of outstanding merit in Old Town Tustin and direct staff to initiate a plaque design for non -historic structures that distinguishes the property from those with the Historic Register Plaques. 13. LEGISLATIVE UPDATE Staff has prepared a summary of state legislative activity. Recommendation: That the City Council: 1. Receive and file the legislative matrix. 2. Take a SUPPORT position on AB 147 (Burke -D) Use taxes: collection: retailer engaged in business in this state: marketplace facilitators. 3. Take an OPPOSE position on AB 1568 (McCarty -D) General plans: housing element: production report: withholding of transportation funds. 4. Other actions at the pleasure of the City Council. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURN IN MEMORY OF TOMOKO MIZUSAWA ADJOURNMENT — The next meeting is scheduled on Tuesday, April 16, 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 April 2, 2019 Meeting Agenda Page 7 of 7