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Home My WebLink About00 CC AGENDA 5.7.19CITY OF TUSTIN REGULAR MAY 7, 2019 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Dr. Allan Bernstein, Mayor Pro Tem Matthew S. West, City Manager/ Letitia Clark, Council Member Charles E. Puckett, Mayor Acting City Treasurer Barry W. Cooper, Council Member Erica N. Yasuda, City Clerk Austin Lumbard, Council Member David E. Kendig, City Attorney CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2453 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 pursuant to Government Code § 54956.9(a): (3 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. Paola Fuentes -Ortega, Representative of the Estate of Edwin Fuentes v. City of Tustin; City of Santa Ana; Michael Carter; Case No. 30-2019-01055803- CU-PP-CJC C. Mary Wong vs. City of Tustin, Case No: 30-2017-00951612 4. LIABILITY CLAIMS — pursuant to Government Code § 54956.95: (1 case) A. Claim No. 19-13, Claim of Adel Nassar 5. PUBLIC EMPLOYEE APPOINTMENT — pursuant to Government Code § 54957(b)(1). A. Title: City Treasurer 6. CONFERENCE WITH LABOR NEGOTIATOR — pursuant to Government Code § 54957.6: (1 case) A. Unrepresented employee: City Manager, Matthew S. West Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources 7. 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, 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 City Council May 7, 2019 Meeting Agenda Page 2 of 7 REGULAR MEETING OF THE TUSTIN CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2453 INVOCATION — Pastor Dane Counts PLEDGE OF ALLEGIANCE — Council Member Clark PRESENTATIONS — Tustin Area Council for Fine Arts' 29th Annual Student Art Invitational 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 7) 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 APRIL 16, 2019. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on April 16, 2019. 3. RATIFICATION OF PAYROLL AND DEMANDS City Council May 7, 2019 Meeting Agenda Page 3 of 7 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 $772,898.94 and $838,481.02; and Demands in the amount of $575087957.54. 4. AMENDMENT NO. 2 TO LICENSE AGREEMENT FOR LEMON GROVE MAINTENANCE AT CITRUS RANCH PARK Amendment No. 2 would extend the term of the License Agreement for lemon grove maintenance at Citrus Ranch Park with Garcia Farming, Inc. for two years (July 1, 2018, to June 30, 2020). In addition, the Amendment provides for the automatic renewal and extension of the License Agreement for one additional two-year term (July 1, 2020, to June 30, 2022). Either party may prevent the automatic renewal and extension of the agreement by providing no less than 30 -days written notice to the other party. Recommendation: It is recommended that the City Council approve the attached Amendment No. 2 to the license agreement between the City and Garcia Farming, Inc. for lemon grove maintenance at Citrus Ranch Park and authorize the Mayor to execute the Amendment on behalf of the City. 5. EXTEND THE PROFESSIONAL SERVICES AGREEMENT FOR AUDIT SERVICES WITH WHITE NELSON DIEHL EVANS LLP The City's current independent auditor's agreement with White Nelson Diehl Evans LLP (WNDE) California was for three years ending fiscal year 6/30/2018. The agreement allowed for the extension of service for two subsequent fiscal years. Based on the satisfactory service WNDE has provided, the Audit Commission discussed and approved the extension of WNDE's agreement for fiscal years 2018/2019 and 2019/2020. Recommendation: Based on the advisement of the Audit Commission, it is recommended that the City Council approve the extension of the professional services agreement for audit services with WNDE for fiscal years 2018/2019 and 2019/2020. 6. THIRD AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT WITH SCHOOLSFIRST FEDERAL CREDIT UNION Third Amendment to the Exclusive Negotiation Agreement (ENA) with SchoolsFirst Federal Credit Union (SchoolsFirst) extending the negotiating period to September 24, 2019. Recommendation: That the City Council authorize the City Manager to execute the Third Amendment to the ENA, subject to any non -substantive modifications as may City Council May 7, 2019 Meeting Agenda Page 4 of 7 be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney. 7. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2019-2020 ASSESSMENTS At the February 19, 2019 meeting, the City Council ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report has now been completed and is ready for City Council approval. Additionally, it is requested that the City Council declare its intention to levy annual assessments and set a public hearing for June 4, 2019. Recommendation: It is recommended that the City Council: Adopt Resolution No. 19-19 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2019-2020; and 2. Adopt Resolution No. 19-20 declaring its intention to levy annual assessments for Fiscal Year 2019-2020 and setting a public hearing for June 4, 2019. RESOLUTION NO. 19-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 1801 Lei Wel oft RESOLUTION NO. 19-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2019-2020 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF REGULAR BUSINESS ITEMS 8-10 8. JOINT EXERCISE OF POWERS AGREEMENT WITH THE ORANGE COUNTY HOUSING FINANCE TRUST Adopt City Council Resolution 19-21, authorizing the City of Tustin to enter into a Joint Exercise of Powers Agreement ("JPA") with the Orange County Housing Finance Trust ("Trust"). Recommendation: It is recommended the City Council take the following actions: City Council May 7, 2019 Meeting Agenda Page 5 of 7 1. Find that this action is not subject to the California Environmental Quality Act pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and 2. Adopt City Council Resolution No. 19-21 relating to participating in the Orange County Housing Finance Trust via the City's execution of the Joint Exercise of Powers Agreement which implements the Trust's shared powers and activities. RESOLUTION NO. 19-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO THE JOINT EXERCISE OF POWERS FOR AND MEMBERSHIP IN THE ORANGE COUNTY HOUSING FINANCE TRUST 9. REQUEST TO EXCUSE COMMISSIONER ABSENCES In accordance with Council Ordinance No. 1481, consider whether to approve a request from Planning Commissioner AJ Jha to be excused from Planning Commission meetings. Recommendation: That the City Council consider whether to approve a request by Planning Commissioner Jha to be excused from three (3) Planning Commission meetings. 10. LEGISLATIVE UPDATE Staff has prepared a summary of state legislative activity. Recommendation: 1. Receive and file the updated legislative matrix as of April 25. 2. Take a SUPPORT position on AB 234 (Nazarian — D) Income taxes: credit: seismic retrofits. 3. Take an OPPOSE position on SB 330 (Skinner — D) Housing Crisis Act of 2019. 4. Take an OPPOSE position on SB 50 (Wiener — D) Planning and zoning: housing development: incentives. 5. Take a SUPPORT position on SB 669 (Caballero — D) Safe Drinking Water Trust Fund. 6. Other actions at the pleasure of the City Council 11. CITY MANAGER EMPLOYMENT AGREEMENT Following the conclusion of labor negotiations, the City Council will consider approval of an Employment Agreement with Matthew S. West to serve as City Manager. City Council May 7, 2019 Meeting Agenda Page 6 of 7 Recommendation: That the City Council: 1. Receive a verbal summary of the proposed Employment Agreement with Matthew S. West; and 2. Approve the Employment Agreement. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURN IN MEMORY OF SOCAL WATER POLO COACH CESAR ALTAMIRANO ADJOURNMENT — The next meeting is scheduled on Tuesday, May 21, 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 May 7, 2019 Meeting Agenda Page 7 of 7