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Home My WebLink About00 CC AGENDA 01.21.20CITY OF TUSTIN REGULAR JANUARY 21, 2020 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Letitia Clark, Mayor Pro Tem Matthew S. West, City Manager/ Charles E. Puckett, Council Member Dr. Allan Bernstein, 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 #2467 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): (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. LIABILITY CLAIMS — [Government Code § 54956.95]: (6 cases) City Council January 21, 2020 Meeting Agenda Page 1 of 6 A. Claim No. 19-31, Claim of Armen Keuylian B. Claim No. 19-36, Claim of Haley Shoemaker and Kyle Cannady C. Claim No. 19-38, Claim of Driscoll & Omens OBO: Mario Barragan D. Claim No. 19-39, Claim of Katnik & Katnik Lawyers OBO: Ann Lambourne E. Claim No. 19-40, Claim of Anthony Arrocha F. Claim No. 19-42, Claim of Alvaro Lopez 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property Address/Description 430-391-19, 42, 43, 44, 45, 47, 50, 69 Agency City of Tustin City Negotiators Matthew S. West, City Manager & John A. Buchanan, Director of Economic Development Negotiating Parties Nicholas Prescott, Transaction Manager; Amazon.com Services, Inc. Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2467 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion PRESENTATIONS — o Tustin High School Women's Varsity Volleyball Team CIF Southern Section Division V Finals o Orange County Registrar of Voters — Vote Centers o Mayor Bernstein's 2020 Goals CLOSED SESSION REPORT — City Attorney David E. Kendig City Council January 21, 2020 Meeting Agenda Page 2 of 6 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 6) 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 DECEMBER 17, 2019. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on December 17, 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 amounts of $833,047.37 and $1,440,899.51; and Demands in the amount of $5,653,073.52. 4. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE TUSTIN-LEGACY NEIGHBORHOOD "D" SOUTH PHASE 1 INFRASTRUCTURE BACKBONE (CIP NO. 70246) AND NON -BACKBONE (CIP NO. 70250) CONSTRUCTION PROJECT The plans and specifications for the Tustin -Legacy Neighborhood "D" South Phase 1 Infrastructure Backbone (CIP No. 70246) and Non -Backbone (CIP No. 70250) Construction Project have been prepared and the project is ready to be bid. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 20-03 approving the plans and specifications for the Tustin -Legacy Neighborhood "D" South Phase 1 Infrastructure Backbone (CIP No. 70246) and Non -Backbone (CIP No. 70250) Construction Project; City Council January 21, 2020 Meeting Agenda Page 3 of 6 and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 20-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN-LEGACY NEIGHBORHOOD "D" SOUTH PHASE 1 INFRASTRUCTURE BACKBONE (CIP NO. 70246) AND NON -BACKBONE (CIP NO. 70250) CONSTRUCTION AND AUTHORIZING ADVERTISEMENT FOR BIDS 5. AMENDED RESOLUTION FOR SB 2 PLANNING GRANT FUNDING On October 15, 2019, the City Council adopted Resolution No. 19-42 associated with SB 2 Planning Grant funding. In November, 2019, the City's Community Development Department submitted the grant application with the State of California, Department of Housing and Community Development (HCD). Upon HCD's review of the submitted resolution with the grant application, HCD directed the City to amend its resolution to address a minor clarification related to grant signators and to be consistent with state protocol. Recommendation: That the City Council: Adopt Resolution No. 20-05 (Attachment A which is in redlined form for ease of reference) which provides for the State HCD's directed amendments. RESOLUTION NO. 20-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM FUNDS [AMENDMENT TO RESOLUTION NO. 19-42] 6. ADOPTION OF THE 2020 INVESTMENT POLICY The California Government Code provides guidelines for Cities to annually adopt their Investment Policy. The elected body and the Treasurer should review the existing Investment Policy at least annually and confirm its content at a public meeting and annually delegate authority to invest. Recommendation: Staff requests the City Council adopt the City of Tustin Investment Policy for calendar year 2020. PUBLIC HEARING ITEMS 7-8 7. ADOPTION OF RETAIL WATER RATES — PUBLIC HEARING RESOLUTION 20- 04 The City's consultant, Raftelis Financial Consultants, completed a cost of service analysis and developed a proposed water rate that will meet ongoing operational, maintenance, capital, and Bond Covenant requirements. As of the published date of City Council January 21, 2020 Meeting Agenda Page 4 of 6 this report, the City has received fifty-four (54) written protests to the proposed water rates. Recommendation: It is recommended that the City Council: 1. Conduct a public hearing to receive testimony on the proposed water rates for fiscal year 2019-2020 through fiscal year 2023-2024; and 2. Adopt Resolution No. 20-04 approving the proposed water rates for fiscal year 2019-2020 through fiscal year 2023-2024 with effective dates of February 1, 2020; January 1, 2021; January 1, 2022; January 1, 2023; and January 1, 2024. RESOLUTION NO. 20-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADJUSTING WATER RATES PROVIDED BY THE CITY OF TUSTIN 8. CODE AMENDMENT 2019-002 (ORDINANCE No. 1505), FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE Currently, the Tustin City Code does not allow "off -premises" signs, including digital display billboards. The proposed Code Amendment 2019-002 would allow digital display billboards under certain conditions and provide benefits to the City, such as the removal of additional legal non -conforming billboards, advertising of City events and public service announcements, and/or financial contributions to the City. On December 10, 2019, the Planning Commission adopted Resolution No. 4397, recommending that the Tustin City Council approve Code Amendment 2019-002 (Ordinance No. 1505). Recommendation: It is recommended that the City Council: Adopt City Council Resolution No. 20-06, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the proposed Code Amendment 2019-002 (Ordinance No. 1505) 2. Introduce and have the first reading of Ordinance No. 1505, approving Code Amendment 2019-002, which adds subsection 9404(b)(7) and amends Section 9402 and subsections 9404(a)(1)(h), 9404(a)(1)(k), and 9404(b)(2) of Chapter 4 of Article 9 to the Tustin City Code relating to freeway adjacent digital display billboards. RESOLUTION NO. 20-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR CODE AMENDMENT 2019-002 (ORDINANCE NO. 1505), A REVISION TO THE TUSTIN CITY CODE ADDING City Council January 21, 2020 Meeting Agenda Page 5 of 6 SUBSECTION 9404(B)(7) AND AMENDING SECTION 9402 AND SUBSECTIONS 9404(A)(1)(H), 9404(A)(1)(K), AND 9404(B)(2), RELATING TO FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS. ORDINANCE NO. 1505 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 9404137 AND AMENDING SECTIONS 9402, 9404A1 H, 9404A1 K, AND 9404132 OF CHAPTER 4 OF ARTICLE 9 OF THE TUSTIN CITY CODE, RELATING TO FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS REGULAR BUSINESS ITEM 9 9. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2019 The City engages an independent certified public accounting firm to complete an annual audit of the City's financial records. There are a number of reports such as the Comprehensive Annual Financial Report (CAFR), produced as a result of the annual audit and there are actions that are required by the City's governing board (City Council) to meet the requirements of various auditing standards, such as meeting with the auditing firm that conducted the audit to discuss the audit and internal control issues. Recommendation: 1. Receive and file the CAFR for the year ended June 30, 2019. 2. Discuss the audit and internal controls with the independent certified public accounting firm, White Nelson Diehl Evans LLP, who conducted the audit. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, February 4, 2020 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 January 21, 2020 Meeting Agenda Page 6 of 6