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Home My WebLink About00 CC AGENDA 02.04.20CITY OF TUSTIN REGULAR FEBRUARY 4, 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 #2468 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): (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. Protect Tustin Ranch v. City of Tustin, et al.,Orange County Superior Court Case No. 30-2019-01113056-CU-PT-CXC City Council February 4, 2020 Meeting Agenda Page 1 of 6 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property Address/Description 1941 EI Camino Real, APN: 500-071-12 Agency City of Tustin City Negotiators Matthew S. West, City Manager; Jerry Craig, Deputy Director of Economic Development Negotiating Parties Family Promise of Orange County, Melody Mosley - President Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2468 INVOCATION — Council Member Puckett PLEDGE OF ALLEGIANCE — Council Member Cooper 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 8) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA City Council February 4, 2020 Meeting Agenda Page 2 of 6 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 JANUARY 21, 2020. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on January 21, 2020. 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 $834,892.99; and Demands in the amount of $5,969,549.70. 4. ADOPT RESOLUTION NO. 20-02 ESTABLISHING PRIMA FACIE SPEED LIMITS ON CITY STREETS Adoption of Resolution No. 20-02 will establish speed limits on certain streets throughout the City of Tustin based upon an engineering and traffic survey as required by the California Vehicle Code. Recommendation: It is recommended that the City Council adopt Resolution No. 20-02 establishing Prima Facie Speed Limits on certain streets throughout the City of Tustin. RESOLUTION NO. 20-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS 5. CITY OF TUSTIN COMMUNITY DEVELOPMENT 2019 YEAR IN REVIEW Throughout the year, staff provides the City Council with a status of projects that the Planning Commission, Zoning Administrator, or Community Development Director approved; major improvement projects; and other items of interest. The Community Development Department's 2019 Year in Review summarizes the Community Development Department's activities throughout 2019 including discretionary permits processed and approved (i.e. Conditional Use Permits, Design Reviews, Subdivision Maps, etc.), major accomplishments for various functional areas within the Department, Code Enforcement activities, and Building Division activities. Recommendation: That the City Council receive and file the report. City Council February 4, 2020 Meeting Agenda Page 3 of 6 6. A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF TUSTIN (ORANGE COUNTY, CALIFORNIA) TAXABLE WATER REFUNDING REVENUE BONDS, SERIES 2020, APPROVING THE FORM AND AUTHORIZING EXECUTION OF AN INDENTURE OF TRUST, AN ESCROW AGREEMENT, A BOND PURCHASE AGREEMENT, A PRELIMINARY OFFICIAL STATEMENT AND A CONTINUING DISCLOSURE CERTIFICATE AND AUTHORIZING ACTIONS RELATED THERETO Approval by the City of Tustin ("City") is requested to authorize the issuance of City of Tustin Taxable Water Refunding Revenue Bonds, Series 2020 (the "2020 Bonds") to refinance the 2013 Water Revenue Bonds (the "2013 Bonds") to take advantage of lower interest rates to reduce the annual debt service payments. Recommendation: It is recommended that the City Council adopt Resolution No. 20-07 Entitled Resolution Authorizing The Issuance Of City Of Tustin (Orange County, California) Taxable Water Refunding Revenue Bonds, Series 2020, Approving The Form And Authorizing Execution Of An Indenture Of Trust, An Escrow Agreement, A Bond Purchase Agreement, A Preliminary Official Statement And A Continuing Disclosure Certificate And Authorizing Actions Related Thereto. 7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1505 Adoption of Ordinance No. 1505 will 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. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1505. 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 8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70019 The plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project (CIP No. 70019) have been prepared and the project is now ready for bid. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 20-08 approving the plans and specifications for the City Council February 4, 2020 Meeting Agenda Page 4 of 6 Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project (CIP No. 70019), and authorize the City Clerk to advertise to receive bids. 2. Approve an additional appropriation of $470,000 from Measure M2 - Fair Share (Fund 139) for sidewalk removal and replacement. RESOLUTION NO. 20-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70019 AND AUTHORIZING ADVERTISEMENT FOR BID REGULAR BUSINESS ITEMS 9-11 9. 2020 PUBLIC ART COMMITTEE APPOINTMENTS Council direction is needed to fill (2) two vacancies on the Public Art Committee due to a resignation by Bonny Hsu and term expiration of Scott McMillin. Recommendation: Pleasure of the City Council. 10. LEGISLATIVE UPDATE Staff has prepared a summary of state legislative activity. Recommendation: 1. Take a SUPPORT position on SB 54/AB 1080 (Allen/Gonzalez) packaging and products. 2. Take a SUPPORT position on SB 378 (Wiener): Electrical deenergization events: procedures: allocation of costs: reports. 3. Receive and file the updated legislative matrix as of January 24. 4. Other actions at the pleasure of the City Council. 11. TUSTIN RESPONSE TO DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE BOWERY MIXED USE PROJECT IN THE CITY OF SANTA ANA Tustin City Council concurrence is requested for the City of Tustin's (the City) response to the Draft Environmental Impact Report (DEIR) for The Bowery Mixed Use Project in Santa Ana. The proposed project would redevelop a 14.58 -acre site at 2300 South Red Hill Avenue and provide 1,150 multiple -family residences in four (4) buildings of five (5) to six (6) stories, 80,000 square feet of retail and restaurant City Council February 4, 2020 Meeting Agenda Page 5 of 6 commercial space, and adjacent parking structures. The project would require a General Plan Amendment and Zone Change. Recommendation: That the City Council direct staff to forward the attached response letter to the City of Santa Ana. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, February 18, 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 February 4, 2020 Meeting Agenda Page 6 of 6