CITY OF TUSTIN REGULAR AUGUST 16, 2016 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND TUSTIN HOUSING AUTHORITY 300 CENTENNIAL WAY, TUSTIN Dr. Allan Bernstein, Mayor Pro Tem Jeffrey C. Parker, City Manager Rebecca Gomez, Councilmember John Nielsen, Mayor David E. Kendig, City Attorney Al Murray, Councilmember Erica N. Rabe, City Clerk Charles E. Puckett, Councilmember Jeffrey C. Parker, City Treasurer CLOSED SESSION MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY CALL TO ORDER Meeting #2396 5:30 P.M. ATTENDANCE PUBLIC INPUT Members of the public may address the City Council on items on the Closed Session Agenda. 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 INITIATION OF LITIGATION [Government Code 54956.9(d4)] Two Cases 2. CONFERENCE WITH LEGAL COUNSEL EXPOSURE TO LITIGATION [Government Code 54956.9(d2)] Two Cases 3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION [Cal. Gov t Code section 54956.9(d)(1).] One Case a. Kirk Clymer, et al. v. City of Tustin, U.S. Dist. Court, C.D. of Cal., Case No. 8:16-cv-01453-DOC-JCG Please note: Written materials relating to agenda items for an open session regular meeting of the Council that are distributed to a majority of the Council members less than 72 hours prior to the 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.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code 54956.8] Three Cases A. Property Address/Description Agency City Negotiators Negotiating Parties Under Negotiation B. Property Address/Description Agency City Negotiators Negotiating Parties Under Negotiators 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 61, 62, 63, 64, 65, 66, 67, 68 City of Tustin Jeffrey C. Parker, City Manager and John Buchanan, Director of Economic Development OliverMcMillan Tustin Legacy Inc. Price and Terms of Payment 14542 Newport Avenue #3, Tustin; APN 939-355-92 Tustin Housing Authority Jeffrey C. Parker, Executive Director; Jerry Craig, Economic Development & Housing Manager Mark and Liliana Kiesselbach Price and Terms of Payment C. Property APN 430-251-22 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Director of Economic Development Negotiators Parties G. Geiselman Under Negotiators Price and Terms of Payment 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Government Code 54957] One Case a. Title: City Manager 6. LIABILITY CLAIMS: [Government Code 54956.95] Two Cases a. Consideration of claim of Francine Petress, Claim No. 16-13 b. Consideration of claim of Christian Montejano, Claim No. 16-14 Meeting Agenda Page 2 of 10
REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER Meeting #2396 INVOCATION Councilmember Gomez PLEDGE OF ALLEGIANCE Mayor Nielsen ROLL CALL City Clerk ORAL COMMUNICATION/PUBLIC INPUT At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. PRESENTATIONS o o o Recognition of Officer Ralph Casiello, Tustin Unified School District RN Pam Atkins and Assistant Principal Troy Fresch Blue Buoy Swim School 60 Year Anniversary SOCAL Water Polo recipient of the 2015 USA Water Polo Chairman s Cup Award 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 9) 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 Meeting Agenda Page 3 of 10
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 REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY HELD ON AUGUST 2, 2016 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council and Tustin Housing Authority held on August 2, 2016. 3. RATIFICATION OF DEMANDS AND RATIFICATION OF PAYROLL 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: Approve Payroll in the amounts of $754,850.87; and Demands in the amount of $1,329,738.18. 4. RESPONSE TO THE 2015-2016 ORANGE COUNTY GRAND JURY REPORT REGARDING DRONES On May 26, 2016, the Orange County Grand Jury issued a report entitled "Drones: Know Before You Fly." The report required each city in Orange County to prepare and submit a response to a series of findings and recommendations by the Grand Jury related to drones. Approval of the recommended action would authorize submittal of the required response to the Grand Jury's report. Recommendation: That the City Council authorize the Mayor to sign the response letter to the Orange County Grand Jury attached hereto as Exhibit B (of the staff report), and direct the City Clerk to submit the response. 5. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: That the City Council receive and file. 6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE COUNCIL CHAMBER RENOVATIONS CONSTRUCTION PROJECT CIP NO. 10075 Meeting Agenda Page 4 of 10
The plans and specifications for the Council Chamber Renovations Project (CIP No. 10075) have been prepared and the project is ready to be bid. Recommendation: That the City Council: 1. Adopt Resolution No. 16-43 approving the plans and specifications for the Council Chamber Renovations Project (CIP No. 10075); and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 16-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE COUNCIL CHAMBER RENOVATIONS PROJECT CIP NO. 10075 AND AUTHORIZING ADVERTISEMENT FOR BIDS 7. APPROVE GRANTS OF EASEMENTS TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER PORTIONS OF ADJACENT PARCELS ALONG MOFFETT DRIVE IN TUSTIN LEGACY Construction of the ongoing Moffett Drive improvements between Park Avenue and Jamboree Road includes installation of Southern California Edison Company (SCE) electrical lines and facilities within the roadway and adjacent parcels. It is therefore necessary for the City of Tustin to grant easements to SCE for these electrical lines and facilities and for access purposes over these adjacent parcels. Recommendation: That the City Council grant an easement to the Southern California Edison Company over portions of Lots KK, LL, WW and AAA of TR 17404 adjacent to Moffett Drive as shown on the attached easement document exhibits for electrical facilities and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 8. FIRST AMENDMENTS TO MITIGATION AND SITE CONVEYANCE AGREEMENTS WITH TUSTIN UNIFIED SCHOOL DISTRICT RELATING TO MCAS TUSTIN SCHOOL PROJECT Pursuant to the City Council's approval, the City executed and entered into a Site Facilities Implementation, Funding and Mitigation Agreement and Site Conveyance Agreement with Tustin Unified School District on August 25, 2015 (the "Agreements"). The primary purpose of the Agreements is to provide funding for construction of a 6-12 TUSD school project on a portion of the Marine Air Corps Air Station and for the City to convey a 40-acre school site to TUSD for the 6-12 school project. The City and TUSD have agreed to revise the Agreements to propose a modified 40-acre site and to shift responsibility for grading the site from TUSD to the City. The First Amendment to the Site Facilities Implementation, Funding and Mitigation Agreement and First Meeting Agenda Page 5 of 10
Amendment to the Site Conveyance Agreement ("First Amendments") would implement this change. Recommendation: That the City Council authorize the Mayor to execute the First Amendments 9. APPROVE AGREEMENT WITH NRG BUSINESS SERVICES Staff is requesting the City Council authorize an agreement between the City of Tustin and NRG Business Services LLC (NRG) allowing the City to participate in a Southern California Edison (SCE) sponsored program to install air conditioning components known as Ice Bear on its facilities. Program availability is based upon facility location. Some of the facilities proposed as part of this project can be completed at no cost and others will receive a significant discount on currently planned HVAC replacements, when installed in conjunction with an Ice Bear unit. Recommendation: That City Council approve the agreement with NRG Business Services LLC and Ice Energy Holdings, Inc. and authorize the City Manager to execute the agreement on behalf of the City. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 10-17) 10. ADOPTION OF UNITED STATES MARINE MEDIUM TILTROTOR SQUADRON 364 (VMM-364) AND MARINE LIGHT ATTACK HELICOPTER SQUADRON 267 (HMLA-267), CAMP PENDLETON City Council consideration to adopt two Marine Unit Helicopter Squadrons which have ties to the former Marine Corps Air Station (MCAS) Tustin. The mission of a USMC adoption is to support the Marines and their families on an ongoing basis, both when the unit is at Camp Pendleton and when it is deployed. In return, the military unit will provide community event support. The goal is to encourage mutually beneficial interaction between the community and the Marines and their families to create strong and lasting ties between the unit, residents, and the City. Recommendation: Adopt Resolution No. 16-49 authorizing the adoption of United States Marine Corps Marine Medium Helicopter Squadron 364 (VMM- 364) and Marine Light Attack Helicopter Squadron 267 (HMLA-267) based at Camp Pendleton. Meeting Agenda Page 6 of 10
RESOLUTION NO. 16-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ADOPTION OF UNITED STATES MARINE MEDIUM TILTROTOR SQUADRON 364 (VMM-364) AND MARINE LIGHT ATTACK HELICOPTER SQUADRON 267 (HMLA-267), CAMP PENDLETON 11. ISSUANCE OF 2016 WATER REFUNDING REVENUE BONDS Approval by the City of Tustin ("City") is requested to authorize the issuance and sale of 2016 Water Refunding Revenue Bonds, (the "Bonds") in an estimated aggregate principal amount of $19.855 million to refinance the 2011 Water Revenue Bonds (the "2011 Bonds") to take advantage of lower interest rates to reduce the annual debt service payments. Recommendation: That the City Council adopt City Council Resolution No. 16-47; authorizing the issuance of the City of Tustin 2016 Water Refunding Bonds, 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. RESOLUTION NO. 16-47 RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF TUSTIN (ORANGE COUNTY, CALIFORNIA) 2016 WATER REFUNDING REVENUE BONDS, 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 12. SECOND READING AND ADOPTION OF ORDINANCE NO. 1469 Ordinance No. 1469 amends Tustin City Code (TCC) to establish preferential permit only parking on Birchfield Drive, Sandbrook Drive and Silverbrook Drive. Recommendation: Have second reading by title only and adoption of Ordinance No. 1469 (roll call vote). ORDINANCE NO. 1469 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY 13. BODY-WORN CAMERA, IN-CAR VIDEO, AND MOBILE DATA COMPUTER PURCHASE Meeting Agenda Page 7 of 10
The Tustin Police Department is committed to a partnership with our business and residential community to provide the highest level of service based on trust and transparency. Recent nationwide events involving police use of force have generated calls for law enforcement officers to wear body-worn cameras (BWCs). This video footage will serve as another layer of transparency and provide unparalleled public accountability by providing a more detailed and accurate account of the events. In terms of evidence collection, the cameras will provide an invaluable record of statements, physical evidence and the timeline of events during crimes in progress and other critical incidents. The capture and recording of these critical incidents and police related encounters will serve to further strengthen our relationship with the community through increased trust and confidence. In addition to the BWCs, the life cycle of the current Data 911 Mobile Data Computers (MDCs) and In-Car Video system is coming to an end; the Police Department has utilized this system in excess of six years. During this time, technology has advanced rapidly and officers are beginning to see a significant decline in the functionality and reliability of both the MDCs and the In-Car Video systems. The MDC is an important means of communication between dispatch and field personnel, as well as serving as an access point to various databases. The In-Car Video system is another critical element to the collection of evidence and much like the BWCs, is another layer of transparency and public accountability. Over the past 14 months, staff conducted extensive research into options for BWCs, MDCs and in-car video systems with the goal of finding an integrated media option. Through the Request for Proposal (RFP) process and in-depth interviews of ten different vendors, the decision was narrowed down to two MDC vendors and two vendors offering integrated solutions for both in-car video and BWCs. After field-testing the equipment from these vendors, it was determined the integrated In-Car Video and BWC system from WatchGuard and the MDC from Dell were the best options for the Police Department. Recommendation: That the City Council 1. Appropriate $670,612.78 from the Equipment Replacement Fund (Account Number 184-80-00-9740). 2. Approve the acquisition of 42 Mobile Data Computers from Dell and 36 In-Car Video systems and 100 Body-Worn Cameras from WatchGuard. 14. INTRODUCE AN ORDINANCE TO REPEAL CHAPTER 12 OF ARTICLE 5 OF THE CITY CODE (REGARDING SEX OFFENDERS) TO CONFORM WITH RECENT COURT DECISIONS. On March 1, 2011, the City Council adopted Ordinance No. 1395 adding Meeting Agenda Page 8 of 10
Chapter 12 to Article 5 of the Tustin City Code (Sex Offender Residency and Loitering Restrictions) which added restrictions on sex offenders establishing residency in specified areas and imposed loitering restrictions in certain areas. In 2014, in response to two court cases that struck down local restrictions on sex offender loitering restriction, the City Council repealed the loitering restrictions in the City Code but left in place the residency restrictions. Since then, the California Supreme Court issued another decision that places the validity of the residency restrictions in Ordinance 1395 into question. Recommendation: That the City Council introduce and conduct first reading by title only of Ordinance No. 1470 attached hereto as Attachment C and entitled "An Ordinance of The City Council Of The City Of Tustin Repealing Chapter 12 Of Article 5 Of The Tustin City Code Regarding Sex Offender Residency And Loitering Restrictions." ORDINANCE NO. 1470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPEALING CHAPTER 12 OF ARTICLE 5 OF THE TUSTIN CITY CODE REGARDING SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS. 15. APPEAL OF DENIAL OF REQUEST FOR TREE REMOVAL COX MARKET PLAZA Summary/Request: Mr. Philip Cox ("Appellant") appeals from and requests reconsideration of the Director of Public Works' February 10, 2016 decision upholding the Field Services Manager's December 10, 2015 denial of a request to remove Ficus trees at 120, 140, and 150 East Main Street. The Field Services Manager's December 10, 2015 denial letter is included as Attachment "B" (of the staff report). The Director of Public Works' letter upholding the denial of the request to remove the trees is included as Attachment "D" (of the staff report). The Appellant's March 10, 2016 written appeal to that decision, is included as Attachment "E" (of the staff report). Recommendation: That City Council may uphold the decision of the Field Services Manager and Director of Public Works, order one or more of the trees to be removed, or remand the matter for further proceedings in accordance with directions of the City Council. (TCC 7307) 16. APPOINTMENT OF REPLACEMENT OF SUCCESSOR AGENCY BOARD MEMBER This item is to consider the appointment of a replacement Board member of the Successor Agency to the Tustin Community Redevelopment Agency to replace resigning member Austin Lumbard. Meeting Agenda Page 9 of 10
Recommendation: That the City Council: 1. Either: a) Appoint a replacement member to serve on the Board of the Successor Agency to the Tustin Community Redevelopment Agency; or b) Provide additional direction regarding the process by which the Council will select the replacement Board member. 17. AUTHORIZATION TO SELL THE TUSTIN HOUSING AUTHORITY-OWNED HOME AT 14542 NEWPORT AVENUE #3 The Tustin Housing Authority ( Authority ) is seeking authorization to sell 14542 Newport Avenue #3 to Mark and Liliana Kiesselbach. Recommendation: That Tustin Housing Authority Commission: 1) Approve the California Residential Purchase Agreement and Joint Escrow Instructions ( Purchase Agreement ) for the sale of the Authority-owned home at 14542 Newport Avenue #3, located in the Arbor Walk development; and 2) Authorize the Housing Authority Executive Director ( Executive Director ) to negotiate terms as deemed necessary by the Executive Director to conclude the transaction; and 3) Authorize the Executive Director to execute all transaction documents, including the Purchase Agreement. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT The next meeting is scheduled for Tuesday, September 20, 2016 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. Meeting Agenda Page 10 of 10