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