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Home My WebLink About00 CC AGENDA 9.17.19CITY OF TUSTIN REGULAR SEPTEMBER 17, 2019 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Dr. Allan Bernstein, Mayor Pro Tem .tom 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 #2460 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) 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. Mary Wong v. City of Tustin, Case No: 30-2017-00951612 City Council September 17, 2019 Meeting Agenda Page 1 of 7 C. Kelly, James, Kristi Wong and Jennifer Otero v. City of Tustin, Case No: 2019- 01089429-CU-PP-CJC REGULAR MEETING OF THE TUSTIN CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2460 INVOCATION - Captain Nesan Kistan, Salvation Army PLEDGE OF ALLEGIANCE — Council Member Clark PRESENTATIONS — o Recognition of Water Services Manager Art Valenzuela for 30 Years of Service and Retirement o 7t" Annual Dental Clinic 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. City Council September 17, 2019 Meeting Agenda Page 2 of 7 2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON AUGUST 20, 2019. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on August 20, 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 $892,869.11 AND $826,779.40 and Demands in the amount of $12,264,327.62. 4. SUMMARY OF PROJECTS The following report provides a summary of projects and activities from the Community Development Department to the Tustin City Council. The report focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest. Recommendation: That the City Council receive and file this item. 5. AUTHORIZATION FOR SECOND AMENDMENT TO THE ALL CITY MANAGEMENT SERVICES (ACMS) INC. CROSSING GUARD SERVICES AGREEMENT The crossing guard contract with All City Management Services, Inc. is up for renewal for the 2019 - 2020 City of Tustin school year and the 2020 - 2021 City of Tustin school year. In August of 2014, the City of Tustin entered into a 3 -year contract agreement with All City Management Services, Inc. to provide crossing guard services for the City of Tustin. The original contract was authorized for the 2014 - 2015, 2015 - 2016, and 2016 - 2017 school years. The original contract allows the City of Tustin the option to extend the terms of the agreement for two (2) additional two-year terms. This contract will complete the agreement. Recommendation: That the City Council: 1. Approve and execute the second 2 -year amendment to the existing contract entered into on August 5, 2014, with All City Management Services, Inc. and the City of Tustin in order to provide 15,750 hours of school crossing guard service for the 2019 - 2020 school year, and 15,750 hours of school crossing guard service for the 2020 - 2021 school year; and 2. Supplemental appropriation of $18,102.50 from un -appropriated reserves of City Council September 17, 2019 Meeting Agenda Page 3 of 7 the General Fund (Fund 100). 6. ADOPT RESOLUTION NO. 19-36 APPROVING THE 2019 CITY OF TUSTIN HAZARD MITIGATION PLAN The Federal Disaster Management Act of 2000 requires every local, county and state government to have an approved Hazard Mitigation Plan (HMP) to be eligible for pre - and post -disaster grants and funding. The current City of Tustin HMP was approved by the Federal Emergency Management Agency (FEMA) in March 2009. Approval of the draft HMP will ensure the City remains eligible for FEMA mitigation programs and assistance, including the Hazard Mitigation Grant Program, Flood Mitigation Assistance Program, and most importantly, public assistance for damaged facilities following a disaster. Recommendation: That the City Council adopt Resolution No. 19-36 approving the 2019 City of Tustin Hazard Mitigation Plan. RESOLUTION NO. 19-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE CITY OF TUSTIN HAZARD MITIGATION PLAN 7. NOTICE OF COMPLETION FOR FRONTIER PARK TRAIL AND IRRIGATION IMPROVEMENTS PROJECT Construction for the Frontier Park Trail and Irrigation Improvements Project (CIP No. 20054) 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: Adopt Resolution No. 19-35 accepting the Frontier Park Trail and Irrigation Improvements Project (CIP No. 20054); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 19-35 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 FRONTIER PARK TRAIL AND IRRIGATION PROJECT (CIP 20054) 8. COMMUNICATIONS SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC, (AT&T) FOR WIRELESS FACILITIES AT VETERANS SPORTS PARK (1645 VALENCIA AVENUE) Approval is requested for a Communications Site License Agreement between the City Council September 17, 2019 Meeting Agenda Page 4 of 7 City of Tustin (Licensor) and New Cingular Wireless PCS, LLC (Licensee). Recommendation: It is recommended that the City Council authorize the City Manager to execute the attached Communications Site License Agreement with New Cingular Wireless PCS, LLC (AT&T), a Delaware limited liability company. 9. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT Pursuant to the Tustin Housing Authority Bylaws and State of California Housing Authorities Law of the California Health and Safety Code, the Tustin Housing Authority is holding an annual meeting to receive and file the annual report for the preceding fiscal year. Recommendation: The Tustin Housing Authority Commissioners take the following actions: Receive and file the Annual Report for Fiscal Year ("FY") 2018-2019 and transmit such report to the Tustin City Council. The City Council take the following actions: • Receive and file the Housing Authority's Annual Report for FY 2018-2019. Direct that a copy of the Housing Authority's Annual Report for FY 2018-2019 to be filed with the City Clerk and ex -officio Clerk of the City Council of the City of Tustin and the California State Department of Housing and Community Development. 10. APPROVE COOPERATIVE AGREEMENT NO. C-9-1421 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE RED HILL AVENUE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT P) Staff is requesting that the City Council approve Cooperative Agreement No. C-9- 1421 with the Orange County Transportation Authority (OCTA) for implementation of the Red Hill Avenue Regional Traffic Signal Synchronization Project. Engineering and construction will be performed in collaboration with the Cities of Costa Mesa and Irvine. The OCTA will take the lead in implementing the project. Work will be performed under the OCTA Competitive Measure M2 Regional Traffic Signal Synchronization Program (Project P). Recommendation: It is recommended that the City Council Approve Cooperative Agreement No. C-9-1421 with the Orange County Transportation Authority for the Red Hill Avenue Regional Signal Synchronization Project, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City, and City Council September 17, 2019 Meeting Agenda Page 5 of 7 2. Appropriate $283,818 from the Measure M2 Fund (Fund 139). 11. ADOPT RESOLUTION NO. 19-34 TO ACCEPT MOFFETT DRIVE (CIP NO. 70230) FROM FUTURE LEGACY ROAD TO PARK AVENUE AND LEGACY ROAD (CIP NO. 70231) FROM VALENCIA AVENUE TO FUTURE MOFFETT DRIVE INTO THE CITY'S SYSTEM OF STREETS Construction of Moffett Drive (CIP No. 70230) from future Legacy Road to Park Avenue and Legacy Road (CIP No. 70231) from Valencia Avenue to future Moffett Drive is now ready for City Council acceptance into the City's system of streets pursuant to Streets and Highways Code Section 1806. Recommendation: It is recommended that the City Council adopt Resolution No. 19-34 accepting Moffett Drive (CIP No. 70230) and Legacy Road (CIP No. 70231) Extension into the City's system of streets. RESOLUTION NO. 19-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING MOFFETT DRIVE FROM FUTURE LEGACY ROAD TO PARK AVENUE AND LEGACY ROAD FROM VALENCIA AVENUE TO FUTURE MOFFETT DRIVE INTO THE CITY'S SYSTEMS OF STREETS PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 1806 12. AUTHORIZATION TO PURCHASE SPORTS LIGHTING PRODUCTS, INSTALLATION AND WARRANTY FOR COLUMBUS TUSTIN PARK AND TUSTIN SPORTS PARK (CIP No. 20054) Staff is requesting authorization of the purchase, installation and warranty for the Sports Lighting at Columbus Tustin Park and Tustin Sports Park. Recommendation: It is recommended that the City Council: Adopt Resolution No. 19-37 authorizing the use of State of California Department of General Services; CMAS Contract # 4-12-56-0046A with GonLED, Inc. for the Purchase, installation and warranty in the amount of $170807131.37. 2. Authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. RESOLUTION NO. 19-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES TO PURCHASE CERTAIN ITEMS REGULAR BUSINESS ITEMS 13 City Council September 17, 2019 Meeting Agenda Page 6 of 7 13. PUBLIC WORKSHOP TO DISCUSS CHANGES IN WATER RATES AND TO SET A PUBLIC HEARING PURSUANT TO THE REQUIREMENTS OF PROPOSITION 218 The City's consultant, Raftelis Financial Consultants, completed a cost of service analysis and developed proposed water rates that will meet ongoing operational, maintenance, and capital needs and the requirements of existing bond covenants. City staff requests the City Council hold a public workshop to discuss the cost of service analysis and proposed rates and set a public hearing for January 21, 2020 at 7:00 p.m. to consider the adoption of the proposed water rates. Recommendation: It is recommended that the City Council: 1. Conduct a public workshop to discuss the cost of service analysis and proposed changes in water rates; and 2. Set a public hearing for January 21, 2020 at 7:00 p.m. to consider adoption of the proposed new water rates; and 3. Direct staff to prepare and mail the required public hearing notices. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, October 1, 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 September 17, 2019 Meeting Agenda Page 7 of 7