HomeMy WebLinkAbout03 CC MINUTES 3-6-12Agenda Item
Reviewed:
City Manager
Finance Director N/A
MINUTES
OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN
MARCH 6, 2012
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER -Meeting #2284 at 5:31 p.m
ATTENDANCE
Present: Mayor John Nielsen, Mayor Pro Tem AI Murray, and
Councilmembers Jerry Amante and Rebecca "Beckie" Gomez
Absent: Councilmember Gavello
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: David E. Kendig, City Attorney
PUBLIC INPUT -None.
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 -EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] -Two Cases
2. CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION
[Gaut. Code § 54956.9(c)] -Two Cases
3. EXISTING LITIGATION (Three cases)
• Tustin Unified School District v. City of Tustin et al., Case No. 30-2010-
00345476, Orange County Superior Court
• City of Tustin v. Tustin Unified School District et al., Case No. 30-2011-
501073; Orange County Superior Court
• T-Mobile West Corporation v. City of Tustin, et al, United States District
Court, Central District of California, Case No. SACV11-1854 JVS
(RNBx)
4. LIABILITY CLAIMS pursuant to Government Cade Section 54956.95
City Council March 6, 2012
Regular Meeting Minutes Page 1 of 10
• Consideration of claim of Pearl Shiffman, claim no. 11-28
• Consideration of claim of Emmanuel Alcozer, claim no. 11-37
• Consideration of claim of Eloise Gutierrez on behalf of her minors,
claim no. 12-04
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government
Code 54956.8)
• Property AddressJDescription: Aportion of Parcel 1 of Tract 16696
A~~C:
City Negotiators:
Ne otiating Parties:
Under Negotiation:
6. LABOR NEGOTIATIONS
• A enc i~Negotiators
Employee Organization
Employee Organization:
Employee Organization:
Employee Organization
Emp loy ee Org anization:
Emp lo yee Org anization:
Emp lo yee Org anization:
RECESSED at 5:32 p.m.
RECONVENED at 7:01 p.m.
and a portion of Parcel 1 as shown on
Record of Survey No 99-1048
City of Tustin
Christine Shingleton, Assistant
Executive Director and Amy Freilich,
Special Counsel
Vestar/Kimco Tustin, L. P., represented
by Allan Kasen and Jeff Axtell.
Price and terms of payment
[Government Code Section 54957.6]
Kristi Recchia, Director of Human
Resources and Peter Brown, Liebert
Cassidy Whitmore
Tustin Municipal Employees Association
(TMEA)
Tustin Police Officers Association (TPOA)
Tustin Police Support Service Association
(TPSSA)
Tustin Police Management Association
(TPMA)
Part-Time Unrepresented Employees
Unrepresented Confidential Employees
Unrepresented Supervisory
Em I~oyee Organization: Executive
Management and Management
CITY COUNCIL MEETING
7:00 P.M.
CALL TO ORDER -Meeting #2284 at 7:01 p.m.
INVOCATION -Mayor Nielsen
City Council March 6, 2012
Regular Meeting Minutes Page 2 of 10
PLEDGE OF ALLEGIANCE -Councilmember Amante
ROLL CALL -City Clerk
Present: Mayor John Nielsen, Mayor Pro Tem AI Murray, and Councilmembers
Jerry Amante and Rebecca "Beckie" Gomez
Absent: Councilmember Gavello
City Clerk: Pamela Stoker, City Clerk
Others Present: David E. Kendig, City Attorney
CLOSED SESSION REPORT -City Attorney David E. Kendig
The Council unanimously denied the claims of Pearl Shiffman; Emmanuel Alcozer; and
Eloise Gutierrez on behalf of the minor children. Otherwise, no reportable action was
taken.
PRESENTATION
• Quiet Zone, Orange County Transportation Authority -Director/Mayor of
Orange Carolyn Cavecche
ORAL COMMUNICATION/PUBLIC INPUT
• Sara Martin
• Ned Smith and Tracy Zimmerman
PUBLIC HEARING ITEM 1
1. CODE AMENDMENT 2012-001, DRAFT ORDINANCE NO. 1411 -MINOR
ZONING TEXT AMENDMENT
Draft Ordinance No. 1411 would standardize the way Zoning Districts are
referenced throughout the Zoning Code to ensure additional consistency with
the City Council-approved Zoning Map and also make other minor corrections to
the Tustin Zoning Code. On February 14, 2012, the Tustin Planning
Commission adopted Resolution 4187 recommending that the Tustin City
Council approve Code Amendment 2012-001.
The public hearing opened at 7:17 p.m.
The public hearing closed at 7:18 p.m. with no comments
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
City Council March 6, 2012
Regular Meeting Minutes Page 3 of 10
Tem Murray that the Tustin City Council introduce and have first reading of
Ordinance No. 1411, approving Code Amendment 2012-001, implementing
minor text amendments to the Tustin City Code to provide consistency within
the Tustin Zoning Map and other minor corrections (Attachment A); and, set the
matter for second reading at the Council's March 20, 2012 meeting.
Motion carried 4-0
ORDINANCE NO. 1411
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, IMPLEMENTING MINOR TEXT AMENDMENTS TO THE
TUSTIN CITY CODE TO PROVIDE ADDITIONAL CONSISTENCY WITH
THE TUSTIN ZONING MAP
CONSENT CALENDAR ITEMS 2-12
It was moved by Mayor Pro Tem Murray and seconded by Councilmember Amante to pull
consent items 4 and 6 and to approve the balance of the consent calendar items as
recommended by staff.
Motion carried 4-0
2. APPROVAL OF MINUTES -REGULAR MEETING OF CITY COUNCIL HELD
ON FEBRUARY 21, 2012
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on February 21, 2012.
3. APPROVAL 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.
Recommendatian: Approve Payroll in the amount of $671,437.06 and
Demands in the amount of $902,139.17.
4. FY2011 URBAN AREAS SECURITY INITIATIVE (UASI} GRANT
The City of Santa Ana, in its capacity as a Core City for the Anaheim/Santa Ana
Urban Area, has applied for, received and accepted a grant entitled "FY 2011
Urban Areas Security Initiative" (UASI}. This grant is from the federal
Department of Homeland Security, Federal Emergency Management Agency,
through the State of California Emergency Management Agency. It is intended
to enhance countywide emergency preparedness, and to help the Operational
City Council March 6, 2012
Regular Meeting Minutes Page 4 of 10
Area prevent, respond to, and recover from acts of terrorism, as set forth in the
grant guidelines and assurances that are incorporated into this Agreement by
reference.
The Office of Grants and Training has awarded $7,421,142 to the City of Santa
Ana for use in the Anaheim/Santa Ana Urban Area, for the term of December
14, 2011, through March 31, 2014. The funds are now available for distribution
throughout the Operational Area, and the City of Tustin, as aSub-Recipient, is
authorized to participate in the grant funding.
Motion: It was moved by Mayor Pro Tem Murray and seconded by
Councilmember Gomez that the City Council:
1. Adopt Resolution 12-19, designating the Chief of Police or his designee
as the City's authorized representative for the FY11 UASI grant.
2. Approve the FY 2011 UASI Transfer Agreement between the City of
Santa Ana and the City of Tustin.
Motion carried 4-0
RESOLUTION NO. 12-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS
DESIGNEE AS THE CITY'S AUTHORIZED REPRESENTATIVE FOR
THE FY 2011 URBAN AREAS SECURITY INITIATIVE {UASI)
5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
ADVERTISEMENT FOR BIDS FOR THE TRAFFIC SIGNAL BATTERY
BACKUP SYSTEM INSTALLATIONS -PHASE 1 CIP NO. 40079 AND THE
TRAFFIC SIGNAL CONTROLLER EQUIPMENT UPGRADE/REPLACEMENTS
- PHASE 1 CIP NO. 40080
The plans and specifications for both the traffic signal Battery Backup System
Installations - Phase 1 CIP No. 40079 and the Controller Equipment
UpgradeslReplacements -Phase 1 CIP No. 40080 have been prepared and are
ready to be bid.
Recommendation: That the City Council adopt Resolution No. 12-18 approving
the plans and specifications for the Battery Backup System Installations -
Phase 1 CIP No. 40079 and the Traffic Signal Controller Equipment
Upgrades/Replacements -Phase 1 CIP No. 40080, and authorize the City
Clerk to advertise to receive bids.
RESOLUTION NO. 12-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE
City Council March 6, 2012
Regular Meeting Minutes Page 5 of 10
TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS -
PHASE 1 CIP NO. 40079 AND THE TRAFFIC SIGNAL CONTROLLER
EQUIPMENT UPGRADES/REPLACEMENTS - PHASE 1 CIP NO.
40080, AND AUTHORIZING ADVERTISEMENT FOR BIDS
6. AWARD CONTRACT FOR THE RAWLINGS RESERVOIR REPLACEMENT -
PHASE II CONSTRUCTION PROJECT CIP 60136
Staff is requesting that the City Council award the construction contract for the
Rawlings Reservoir Replacement -Phase II Construction Project CIP 60136 to
the lowest responsive/responsible bidder.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tem Murray that the City Council award the construction contract for the
Rawlings Reservoir Replacement -Phase II Construction Project CIP 60136 to
the lowest responsive/responsible bidder, Pacific Hydrotech Corporation, in the
amount of $10,782,420.00, and authorize the Mayor and the City Clerk to
execute the contract documents on behalf of the City.
Motion carried 4-0
7. APPROVE A CONSULTANT SERVICES AGREEMENT WITH WILLDAN
HOMELAND SOLUTIONS FOR EMERGENCY OPERATIONS TRAINING FOR
CITY STAFF
Staff is requesting City Council approve a Consultant Services Agreement with
Willdan Homeland Solutions to provide Emergency Operations Center (EOC)
training for City staff.
Recommendation: That the City Council approve a consultant services
agreement with Willdan Homeland Solutions in an amount not to exceed
$42,593 to provide emergency operations training far city staff, and authorize
the Mayor and City Clerk to execute the Agreement on behalf of the City.
8. RESOLUTION NO. 12-23 APPROVING AND ADOPTING THE UPDATED
ORANGE COUNTY REGIONAL WATER AND WASTEWATER MULTI-
HAZARD MITIGATION (HAZMIT} PLAN
A HAZMIT Plan is apre-disaster strategic plan written to identify mitigation
actions that can reduce the impact of natural and manmade hazards such as
fire, flood, earthquakes, landslides, etc. on critical water and wastewater
facilities. Agencies with an approved HAZMIT plan became eligible to apply for
Federal Emergency Management Agency (FEMA) grants, which can be used
for emergency preparedness or response measures developed before and after
disasters.
City Council March 6, 2012
Regular Meeting Minutes Page 6 of 10
Recommendation: That the City Council adopt Resolution 12-23 approving and
adopting the Updated Orange County Regional Water and Wastewater Multi-
Hazard Mitigation (HAZMIT) Plan as it relates to Tustin Water Facilities.
RESOLUTION NO. 12-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING AND ADOPTING THE UPDATED ORANGE
COUNTY REGIONAL WATER AND WASTEWATER MULTI-HAZARD
MITIGATION (HAZMIT) PLAN AS IT RELATES TO CITY WATER
FACILITIES
9. APPROVAL OF A CONSULTANT SERVICES AGREEMENT WITH
CONSENSYS PROPERTY MANAGEMENT TO PROVIDE PROPERTY
MANAGEMENT SERVICES
City Council approval is requested of a Consultant Services Agreement with
Consensys Property Management to provide property management services at
14741 and 14751 Newport Avenue.
Recommendation: That the City Council authorize the City Manager to execute
a Consultant Services Agreement with Consensys Property Management to
provide property management services for City-owned properties located at
14741 and 14751 Newport Avenue.
10
11
APPOINTMENT OF OVERSIGHT BOARD MEMBERS BY TUSTIN MAYOR
AB 1x26 requires that each Successor Agency to a former redevelopment
agency have an Oversight Board. Oversight Board members must be appointed
and members shall be reported to the California Department of Finance on or
before May 1, 2012 pursuant to the reformation actions taken by the California
Supreme Court in its decision upholding the "Dissolution Act."
Recommendation: That by minute action, the City Council concur with the
Mayor's appointment of the following individuals to the Oversight Board for the
Successor Agency to the Tustin Community Redevelopment Agency: Jerry
Amante, representing the city that formed the redevelopment agency and Matt
West, representing the employees of the former Tustin Community
Redevelopment Agency.
SET INTERVIEW DATE FOR COMMISSION SEATS: PLANNING
COMMISSION AND COMMUNITY SERVICES COMMISSION
Due to term expirations, staff is requesting that the City Council set a date and
time to conduct interviews to fill vacancies on the Planning Commission and
Community Services Commission.
City Council March 6, 2012
Regular Meeting Minutes Page 7 of 10
Recommendation: That interviews and selection of commissioners be
scheduled for 4:30 p.m. on Tuesday, April 3, 2012.
12. REVISED LUCE FORWARD CONTRACT FOR DEVELOPMENT OF A
GOVERNANCE STRUCTURE FOR THE TUSTIN LEGACY PROJECT
Approval is requested for changes to Consultant Services Agreement (CSA)
originally reviewed by the City Council at its regular meeting of January 3, 2012
to provide professional services to assist the City in development of a
governance structure in its limited executive master developer role for the Tustin
Legacy Project.
Recommendation: That the City Council:
1. Authorize the City Manager or Assistant Executive Director to execute
the attached revised CSA with Luce, Forward, Hamilton, & Scripps, LLP
(Luce Forward), subject to any insurance changes approved by the City's
Risk Manager and any non-substantive modifications as may be deemed
necessary by the City Attorney prior to execution of the CSA.
2. Approve a Waiver of Conflict of Interest.
REGULAR BUSINESS ITEMS 13-14
13. SECOND READING AND ADOPTION OF ORDINANCE NO. 1415, PLANNING
COMMISSION AUTHORITY
Through the Legislature's adoption of Assembly Bill No. 26 (AB X1 26), all
California redevelopment agencies have been dissolved. The proposed
ordinance would authorize the Tustin Planning Commission to serve as the
decision making body for land use entitlement actions that implement the
General Plan and for which the former Tustin Community Redevelopment
Agency is designated in any statute, ordinance, or specific plan as the decision
making authority.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tem Murray to have second reading by title only and adoption of Ordinance No.
1415.
Motion carried 4-0
ORDINANCE NO. 1415
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
ADDING SECTION 1518 OF PART 1 OF CHAPTER 5 OF ARTICLE 1
OF THE TUSTIN CITY CODE, PROVIDING THAT THE PLANNING
COMMISSION SHALL HAVE DECISION MAKING AUTHORITY FOR
City Council March 6, 2012
Regular Meeting Minutes Page 8 of 10
LAND USE ENTITLEMENT ACTIONS IMPLEMENTING THE GENERAL
PLAN THAT WERE PREVIOUSLY UNDER THE JURISDICTION OF
THE FORMER TUSTIN COMMUNITY REDEVELOPMENT AGENCY
14. LEGISLATIVE REPORT
City Manager Parker reported that Mayor Nielsen, Mayor Pro Tem Murray and
he met with Assemblyman Wagner; discussed providing draft language
regarding reuse of former military bases to his staff which was provided today. A
meeting will be held tomorrow which will include Assemblymembers Carter and
Bonilla from Concord area.
We continue to track AB 654 and AB 1585, redevelopment-oriented bills brought
forth following the closure of redevelopment agencies. Will also continue to
monitor SB 1156 and SB 1151 (Steinberg) bills regarding housing for potential
amendments helpful to the Tustin Legacy project.
OTHER BUSINESS/COMMITTEE REPORTS
COUNCILMEMBER GOMEZ
• Attended the Dino Dash Logo Reveal on February 23; congratulated students that
participated; a food trucks fundraiser was held as well
• Attended the grand opening of Residence Inn in San Juan Capistrano on February
28, which was developed by RD Olson
• Attended a family and personal emergency workshop presented by Homeland
Security
• Met with the representative from Southern California Gas regarding communication
and what they can do to provide better service to the citizens of Tustin
• Plans to visit Tustin Hospital later this week for a tour
• Recently was appointed to the Executive Committee and Service and Operations
Committee for the Orange County Library Board
COUNCILMEMBER AMANTE
• Reported on a workshop by Orange County Transportation Authority on February
27 regarding Measure M
• Attended SR 91 Advisory Committee meeting of Orange County Transportation
Authority
• Attended Los Angeles-San Diego-San Luis Obispo Rail Corridor board meeting
MAYOR PRO TEM MURRAY
• Commended alert system and complimented public safety and Lisa Woolery
• Attended the Police Department's awards and promotions event; complimented
Chief and department for awards and eight officers and personnel that received life
saving awards
• Attended an Orange County Supervisor's meeting with Councilmember Amante
City Council March 6, 2012
Regular Meeting Minutes Page 9 of 10
and the City Manager; the County has collaborated with sports groups including
Anaheim Ducks for an ice hockey rink and USA water polo pool sites which would
bring national prominence to area; complimented the vision of the Orange County
Supervisors
• Met with Assemblyman Don Wagner, Mayor Nielsen and City Manager Parker who
provided updates on what is going on at the Capitol in Sacramento; thanked the
Assemblyman for keeping us apprised
• Attended the Association of California Cities Orange County legislative meeting
• Attended the Miss Tustin scholarship event; thanked 2011 Miss Tustin Courtney
Trouten and her court for a great year and congratulated the 2012 Miss Tustin,
Keila Halili, and her court; thanked Cherrill Cady and her staff
• Announced registration for Parks and Recreation classes will be open on March 7
• Announced that City of Tustin will be celebrating Arbor Day next week and is
conducting a photography contest regarding trees
MAYOR NIELSEN
• Attended meetings of the Orange County Sanitation District Steering Committee
and Board of Directors
• Attended the Orange County Council of Governments Board of Directors meeting
• Attended Southern California Association of Governments committee meetings:
Community, Economic and Human Development; Joint Policy; Regional Council;
and Legislative Committee; Councilmember Amante shared comments on the
Transportation Committee
• Attended a Chamber mixer for the Encore Dinner Theatre which is completed
• Attended Miss Tustin scholarship pageant; congratulated Miss Tustin 2012 and her
court and Miss Tustin 2011; thanked Ed Lobo and Jennifer Kohlenberger as well as
Cherrill Cady
• Attended a party for Margaret Pottinger who recently lost a structure in Old Town
due to fire and wished her luck as she begins the reconstruction process
• Heard Ronald Reagan's son, Michael Reagan, speak and had the opportunity to
speak with him
ADJOURNED AT 8:13 p.m. -The next regular meeting is scheduled for Tuesday, March
20, 2012 at 5:30 for Closed Session Meeting followed by the Regular Meeting at 7:00 p.m.
in the Council Chamber, 300 Centennial Way, Tustin, California.
City Council March 6, 2012
Regular Meeting Minutes Page 10 of 10