The URL can be used to link to this page

Home My WebLink About00 CC AGENDA 6.4.19CITY OF TUSTIN REGULAR JUNE 4, 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 6:15 P.M. CALL TO ORDER — Meeting #2455 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): (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]: (1 case) A. Property Address/Description 430-252-05 Agency City of Tustin City Negotiators Matthew S. West, 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 REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2455 INVOCATION — Rabbi Elie Kaplan Spitz - Congregation B'nai Israel PLEDGE OF ALLEGIANCE — Girl Scout Troop 3562 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 City Council June 4, 2019 Meeting Agenda Page 2 of 6 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 MAY 21, 2019. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on May 21, 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 $798,142.17 and Demands in the amount of $1,914,404.74. 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the fourth 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 fourth quarter reporting period. Average noise levels during the fourth quarter continued to remain well below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: That the City Council receive and file this report. 5. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE CLIFTON C. MILLER COMMUNITY CENTER AUDITORIUM RENOVATION (CIP NO. 20079) The Clifton C. Miller Community Center Auditorium Renovation has been completed and the project is ready for acceptance and filing of the Notice of Completion. Recommendation: It is recommended that the City Council: Adopt Resolution No. 19-23 accepting the Clifton C. Miller Community Center Auditorium Renovation (CIP No. 20079), and City Council June 4, 2019 Meeting Agenda Page 3 of 6 2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office. RESOLUTION NO. 19-23 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 CLIFTON C. MILLER COMMUNITY CENTER AUDITORIUM RENOVATION (GIP NO. 20079) 6. OLD TOWN TUSTIN PLANTER BOX PUBLIC ART PROJECT APPROVAL At their May 15, 2019, Regular Meeting, the Community Services Commission recommended to forward nine planter box art concepts, that were previously approved by the Public Art Committee, for future consideration by the City Council to complete Phase 1 of the Old Town Tustin Planter Box Art Project. Recommendation: That the City Council adopt Resolution 19-24 approving nine planter box art designs, submitted by four artists, to decorate Main Street and EI Camino Real in Old Town Tustin and authorize the Parks and Recreation Department to execute agreements with the respective artists. RESOLUTION NO. 19-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE ARIWORK AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AGREEMENTS WITH THE RESPECTIVE ARTISTS 7. AWARD OF CONTRACTS FOR ANNUAL LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND CITY/WATER FACILITIES AND THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Staff is requesting the City Council award landscape maintenance services contracts for the General Fund City/Water Facilities and Tustin Landscape and Lighting District, covering an initial term, beginning July 1, 2019 through June 30, 2021 with an option for three additional one-year extensions at the City's sole discretion. Recommendation: It is recommended that the City Council award landscape maintenance services contracts to; Mariposa Landscapes, Inc. for the General Fund City/Water Facilities in the amount of $1,138,049.28 annually; and Mariposa Landscapes, Inc. for the Tustin Landscape and Lighting District (TLLO) in the amount of $656,340.48 annually, authorizing the Mayor and the City Clerk to execute the contract documents on behalf of the City. City Council June 4, 2019 Meeting Agenda Page 4 of 6 PUBLIC HEARING ITEM 8 8. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2019-2020 The Tustin Landscape and Lighting District Engineer's Report was completed and approved by the City Council at their May 7, 2019 meeting. At that meeting, the City Council declared its intention to levy annual assessments and set a public hearing for June 4, 2019. In order to levy the annual assessments, the City Council is required to conduct a public hearing and, provided there is no majority protest, adopt Resolution No. 19-25 confirming the annual assessments for Fiscal Year 2019-2020. Recommendation: It is recommended that the City Council: Conduct a public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2019-2020; and 2. Adopt Resolution No. 19-25 confirming the annual assessments for Fiscal Year 2019-2020. RESOLUTION NO. 19-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2019-2020 REGULAR BUSINESS ITEMS 9-10 9. CODE AMENDMENT REGARDING COMMISSIONER ABSENCES At the City Council meeting of May 7, 2019, the City Council directed staff to return with a proposed amendment to the City Code provisions related to Commissioner absences. Ordinance No. 1481 adopted on May 16, 2017, establishes automatic removal of Commissioners upon the occurrence of four (4) absences from Commission meetings within any twelve (12) consecutive month period, but excluding such absences excused by the City Council. This staff report provides the City Council with two (2) alternatives (though the Council may direct staff to return with a different approach at the Council's discretion): 1. "Four Strikes, You're Out": Automatic removal of Commissioner upon four (4) absences within any twelve (12) consecutive month period without any possible excuse (Attachment A); or 2. "No Limit": No automatic removal based on absences. This would remove City Council June 4, 2019 Meeting Agenda Page 5 of 6 the absences policy from the Ordinance. Removal would only occur if the Commissioner or Board Member is elected to the City Council or if three members of the City Council vote to remove the Commissioner/Board member. (Attachment B). Either alternative would still allow the City Council to remove any or all members of a Commission or Board with at least three (3) affirmative votes. Recommendation: That the City Council have first reading by title only of version A or Version B of the proposed Ordinance No. 1502 and direct staff to return to the next regular meeting for adoption. ORDINANCE NO. 1502 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 1513, 1539, 1553, AND 1573 OF CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE REGARDING CITY COMMISSIONER AND BUILDING BOARD OF APPEALS MEMBER REMOVAL FROM OFFICE. 10. LEGISLATIVE UPDATE Staff has prepared a summary of state legislative activity. Recommendation: That the City Council: 1. Receive and file the updated legislative matrix as of May 23. 2. Take an OPPOSE UNLESS AMENDED position on AB 1356 (Ting — D) Cannabis: local jurisdictions: retail commercial cannabis activity. 3. Other actions at the pleasure of the City Council. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, June 18, 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 June 4, 2019 Meeting Agenda Page 6 of 6