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Home My WebLink About01 CC MINUTES 01-15-13 & 01-28-13Agenda Item 1 Reviewed: City Manager Finance Director /N /A MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 CENTENNIAL WAY TUSTIN, CA JANUARY 15, 2013 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2306 at 5:33 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tern Charles "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney 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 [Govt. Code § 54956.9(c)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL EXPOSURE TO LITIGATION City Council/Successor Agency January 15, 2013 Minutes Page 1 of 11 [Govt. Code § 54956.9(b)] — Two Cases 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — Three cases 1. Tustin Unified School District v. City of Tustin et al., Case No. 30 -2010- 00345476, Orange County Superior Court 2. City of Tustin v. Leonard J. Nettles, Case No. 30-2012-00563746-CU-OR- CJC, Orange County Superior Court 3. Nghiep Dao v. City of Tustin, Case Number SACV11-01886-CJC(MLGx), California Central District Court 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — Three cases 1. Property Lots 1,2,3,4,5,6,7,8,9, 10,11, 11, D, Final Map Address/Description 17144; Lots 32, 34, Tentative Tract Map 17404; a portion APN's 430-27-31 and 33 and a portion of APN 430-37-10 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, Elizabeth Binsack, Community Development Director, and John Buchanan, Program Manager Negotiating Parties O.C. Property Company, LLC, represented by Rick Kaplan, Mark Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. Under Negotiation Price and Terms of Payment 2. Property Tustin Legacy Disposition Package 1 B to include Address/Description sale of Lots 8, 13, 14 and a portion of lettered lot 00000 in Tract 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, and John Buchanan, Program Manager Negotiating Parties Ted McKibbin, President, Standard Pacific Homes, Southern California Coastal Under Negotiation Price and Terms of Payment 3. Property 2345 Barranca Pkwy, APN: 434-021-22, Army Address/Description Reserve Center and 15 acres of the Northeast corner of Red Hill Avenue and Warner Avenue Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, Matt West, Redevelopment Project Manager and David E. Kendig, City Attorney Negotiating Parties United States Government acting through the Department of the Army, represented by Stan Wallin, Jeremy Hollis and Cheryl Connett of the City Council/Successor Agency January 15, 2013 Minutes Page 2 of 11 Army Corps of Engineers Under Negotiation Price and Terms of Payment RECESSED at 5:33 p.m. RECONVENED at 7:02 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HTIT"IM► 1 CALL TO ORDER — Meeting #2306 at 7:02 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion ROLL CALL — City Clerk Present: Mayor Al Murray, Mayor Pro Tern Charles "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig — No reportable action PRESENTATION — Mayor Murray's Goals for 2013 - PowerPoint presentation ORAL COMMUNICATION /PUBLIC INPUT — • Chad Ortlieb Mayor Pro Tern Puckett, Councilmembers Nielsen and Bernstein recused themselves Mr. Ortlieb completed his comments; councilmembers returned to the dais City Council/Successor Agency January 15, 2013 Minutes Page 3 of 11 Councilmember Gomez requested to discuss Item No. 1; Mayor Pro Tern Puckett, Councilmembers Nielsen and Bernstein recused themselves Applicants' attorney, David Hunt, addressed Council regarding the request to continue the public hearing to September 17, 2013 Mayor Pro Tern Puckett, Councilmembers Nielsen and Bernstein returned to the dais ITEM TO BE CONTINUED — PUBLIC HEARING CONTINUED TO SEPTEMBER 17, 2013 1. CONDITIONAL USE PERMIT (CUP) 2012-10 At the request of the applicants, Michael Demoratz and Lindburgh McPherson, this item is being continued to the September 17, 2013, meeting of the Tustin City Council. A copy of the applicants' request for the continuance is attached to the staff report. PUBLIC HEARING ITEM 2 2. CODE AMENDMENT 2012-03 (ORDINANCE 1418) & CODE AMENDMENT 2012-04 (ORDINANCE 1425) A PowerPoint presentation was given by Justina Willkom Public hearing opened at 7:42 p.m. Public hearing closed at 7:42 p.m. with no comments Code Amendment (CA) 2012-03 and Code Amendment (CA) 2012-04 are proposed amendments to Part 6 (Off-street Parking) of the Tustin City Code. The text amendments include: • Clarifying maintenance requirements; • Establishing parking requirements for new land uses never envisioned; • Establishing parking criteria for small and large commercial centers; • Combining parking design standards for residential and non-residential uses; • Addressing loading spaces; • Updating figures; and, • Adding definitions. On December 11, 2012, the Planning Commission adopted Resolution Nos. City Council/Successor Agency January 15, 2013 Minutes Page 4 of 11 4212 and 4213, recommending that the City Council approve Code Amendment 2012 -03 (Ordinance No. 1418) and Code Amendment 2012 -04 (Ordinance No. 1425), amending the parking code. CA 2012 -03 Applicant: City- initiated CA 2012 -04 Applicant: Joseph Haikal, Kiddie Academy of Irvine Motion: It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen that the City Council: 1. Adopt Resolution 13 -01, finding the Negative Declaration is adequate for CA 2012 -13 and CA 2012 -04, 2. Introduce and have first reading of Ordinance No. 1418 amending Tustin City Code Section Part 6 Off- Street Parking section and set a second reading at the next City Council meeting, and, 3. Introduce and have first reading of Ordinance No. 1425, amending Tustin City Code Section Part 6 Off- Street Parking regarding daycare facility requirements and set a second reading at the next City Council meeting. Motion carried: 5 -0 RESOLUTION NO. 13 -01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION FOR CODE AMENDMENT 2012 -03 AND CODE AMENDMENT 2012 -04, AMENDING TUSTIN CITY CODE SECTIONS 9262, 9263, 9266, 6268, AND 6269 RELATING TO OFF - STREET PARKING REGULATIONS. ORDINANCE NO. 1418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING VARIOUS SECTIONS OF PART 6 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO OFF - STREET PARKING ORDINANCE NO. 1425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING PART 6 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO DAY CARE CENTERS PARKING REQUIREMENTS CONSENT CALENDAR ITEMS 3 - 9 City Council /Successor Agency January 15, 2013 Minutes Page 5 of 11 It was moved by Councilmember Nielsen and seconded by Councilmember Gomez to pull consent items 5, 7 and 8 and to approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried 5 -0 3. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD DECEMBER 18, 2012 Recommendation: That the City Council /Successor Agency approve the Action Minutes of the Joint Regular Meeting of the City Council and Successor Agency to the Tustin Community Redevelopment held December 18, 2012. The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin and Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $11,308.02, $608,121.68, $55.88, $602,026.00 and $11,772.32; and Demands in the amount of $9,318,774.93. 5. RATIFICATION OF DEPUTY CITY MANAGER EMPLOYMENT AGREEMENT The City Manager executed an employment agreement with Charles H. Robinson to serve as the City's Deputy City Manager effective December 26, 2012. Approval by the City Council of the recommended action would ratify that agreement. It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Bernstein to ratify the employment agreement executed by the City Manager, in the form attached. Motion carried: 5 -0 6. APPROPRIATE SUPPLEMENTAL FUNDING FOR EXTENDED CONSTRUCTION MANAGEMENT SERVICES AND ELECTRICAL UTILITY CHARGES FOR TUSTIN RANCH ROAD ROADWAY IMPROVEMENTS Staff is requesting supplemental appropriations from the project contingency reserve to cover extended Phase 1 construction management services provided by Parsons Transportation Group and electrical utility charges required by City Council /Successor Agency January 15, 2013 Minutes Page 6 of 11 Southern California Edison (SCE) for Phase 2 street lighting, line extension, and utility relocation. Recommendation: It is recommended that the City Council: Appropriate $462,694 from the CFD 06-1 Annex (Fund 438) for extended construction management services for Phase 1 Tustin Ranch Road Roadway Improvements and authorize the City Manager to execute Amendment No. 1 to a Consultant Services Agreement between the City and Parsons Transportation Group increasing the not-to-exceed amount by $462,694; and 2. Appropriate $749,495.10 from the Lennar Dry Utility Trust (Fund 603) to cover supplemental utility charges by Southern California Edison in the amounts of: $218,468.83 for street light installation (SCE Invoice #132037), $458,269.68 for line extension (SCE Invoice # 132249), and $72,756.59 for street light utility relocation required for Phase 2 Tustin Ranch Road Roadway Improvements, subject to any minor rate adjustment to the 2013 Income Tax Component of Contribution (a utility related charge). 7. APPROVE COOPERATIVE AGREEMENT WITH THE CITY OF SANTA ANA FOR PAVEMENT REHABILITATION ON MCFADDEN AVENUE A portion of the work to be performed for the McFadden Avenue Pavement Rehabilitation Project CIP 70213 is within the City of Santa Ana jurisdiction. The proposed Cooperative Agreement between the City of Tustin (City) and the City of Santa Ana (Santa Ana) provides for Santa Ana to reimburse the City for Santa Ana's proportionate share of the work included in the City's project. It was moved by Councilmember Gomez and seconded by Mayor Pro Tern Puckett to approve the Cooperative Agreement with the City of Santa Ana for pavement rehabilitation on McFadden Avenue within its jurisdiction, and authorize the Mayor and City Clerk to execute the document on behalf of the City. Motion carried: 5-0 8. AWARD CONTRACT FOR THE ROBINSON DRIVEXELLER DRIVE PEDESTRIAN ENHANCEMENTS (CIP 40083) AND BROWNING AVENUE/ PARKVIEW WAY PEDESTRIAN ENHANCEMENTS (CIP 40084) Staff is requesting that the City Council award the construction contract for the Robinson Drive/Keller Drive Pedestrian Enhancements (CIP 40083) and Browning Avenue/Parkview Way Pedestrian Enhancements (CIP 40084) to the City Council/Successor Agency January 15, 2013 Minutes Page 7 of 11 lowest responsive/responsible bidder. It was moved by Councilmember Gomez and seconded by Mayor Pro Tern Puckett to award the construction contract for the Robinson Drive/Keller Drive Pedestrian Enhancements (CIP 40083) and Browning Avenue/Parkview Way Pedestrian Enhancements (CIP 40084) to the lowest responsive/responsible bidder, Asplundh Construction Corporation, in the amount of $228,383, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. Motion carried: 5-0 The City has accumulated a quantity of obsolete and/or damaged computer and other equipment that are no longer usable or required for public use. Recommendation: 1. Declare the listed equipment surplus and not required for public use. 2. Authorized staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. REGULAR BUSINESS ITEMS 10 - 12 10. APPOINTMENT OF GEORGE W. JEFFRIES AS CITY TREASURER AND SIGNING OF AGREEMENT BETWEEN THE CITY OF TUSTIN AND G. W. JEFFRIES AND ASSOCIATES, INC. The City Council is asked to consider Resolution No. 13-04 appointing George W. Jeffries as City Treasurer and approving his personal services agreement for one year. It was moved by Councilmember Nielsen and seconded by Councilmember Bernstein to adopt Resolution No. 13-04 appointing George W. Jeffries as City Treasurer and authorize the Mayor to sign the attached Agreement for the Services of George W. Jeffries. Motion carried: 5-0 RESOLUTION NO 13-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPOINTING GEORGE W. JEFFRIES AS CITY City Council/Successor Agency January 15, 2013 Minutes Page 8 of 11 TREASURER FOR CALENDAR YEAR 2013 11. 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. Council unanimously decided to schedule commission interviews for March 5, 2013 at 4:30 p.m. 12. LEGISLATIVE REPORT City Manager reported on Governor Brown's proposed budget; currently reviewing for any impacts on local government. OTHER BUSINESS/COMMITTEE REPORTS DEPUTY CITY MANAGER Thanked Mayor Murray for warm welcome. Excited to serve the City of Tustin, residents, businesses, community, staff members and Council. COUNCILMEMBER BERNSTEIN • Celebrated Altha Gardener's 100th birthday on January 2 • Attended swearing in ceremony for County Supervisors' Janet Nguyen and Todd Spitzer on January 7 • Attended the Oversight Board meeting on January 8 • Attended the Tustin Chamber meeting on January 9, Congressman John Campbell provided legislative update; congratulated the Tustin Police Department and Chief Jordan; recognized Officer Roque • Attended Association of California Cites of Orange County meeting January 10 • Attended Water Board Advisory meeting on January 11 COUNCILMEMBER GOMEZ • Attended Association of California Cities of Orange County meeting on December 20; discussed election results • Attended swearing in ceremony for County Supervisors' Janet Nguyen and Todd Spitzer on January 7 • Attended the Tustin Chamber meeting on January 9, Congressman John Campbell provided legislative update; congratulated Officer Roque for receiving Officer of the Month • Attended American Association of University Women Kimberly Menninger was the guest speaker City Council/Successor Agency January 15, 2013 Minutes Page 9 of 11 • Attended Library Advisory Board meeting January 10; Friends of the Library agreements are still in progress; provided update on State of the Library report • Attended Senior Citizen's Advisory Board meeting on January 11 • Attended Tustin Unified School Board meeting on January 14; student resource officers were recognized; Officer Scott Wright was recognized • Welcomed Chuck Robinson COUNCILMEMBER NIELSEN • Attended Steering Committee and Board of Directors meeting for Orange County Sanitation District • Reported the Orange County Council of Governments is recruiting an Executive Director • Attended Association of California Cites of Orange County meeting January 10 MAYOR PRO TEM PUCKETT • Welcomed Chuck Robinson I iTJ • Attended swearing in ceremony for County Supervisors' Janet Nguyen and Todd Spitzer on January 7 • Attended the Tustin Chamber meeting on January 9, Congressman John Campbell provided legislative update • Attended Association of California Cites of Orange County meeting January 10 • Attended Altha Gardner's 100th birthday • Requested to adjourn in honor of Altha Gardener and in memory of Jack Rushton • Announced Mayor's Inaugural Dinner is January 31 • Asked that everyone do something nice for a stranger • Attended swearing in ceremony for County Supervisors' Janet Nguyen and Todd Spitzer on January 7; • Mentioned the Orange County Board of Directors awarded contract for Regional Park at Marine Corp Air Station • On December 19, Nelson elementary students visited City Hall to sing Christmas carols • Provided opening and closing remarks at the Tustin Town Hall meeting on December 20; discussed security at schools • Spoke at Senior Center Christmas luncheon on December 21 • Attended the Christmas Eve lunch at Cranbrook Senior Living on December 24 • Attended the Orange County Transportation Authority Regional Planning and Highways meeting on January 9; appointed Vice Chair • Attended the Orange County Fire Authority Budget and Finance committee meeting on January 9; appointed Chair • Attended Association of California Cites of Orange County meeting January 10 • Attended Senior Citizen's Advisory Board meeting on January 11 • Attended Orange County Transportation Authority Board of Directors meeting • Attended Orange County Transportation Authority Citizens Advisory committee City Council/Successor Agency January 15, 2013 Minutes Page 10 of 11 meeting RECESSED TO CLOSED SESSION at 8:19 p.m. RECONVENED at 10:07 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig — Council directed settlement of the Nettles case, the specifics of which will be made public when the agreement is signed by both parties. ADJOUNED IN HONOR OF ALTHA GARDNER AND IN MEMORY OF JACK RUSTHON ADJOURNMENT at 10:07 p.m. — The next meeting is scheduled for Tuesday, February 5, 2013 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Successor Agency January 15, 2013 Minutes Page 11 of 11 Agenda Item 1 Reviewed: s City Manager Finance Director N/A MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN JANUARY 28, 2013 CALL TO ORDER — Meeting #2308 at 6:01 p.m. F-111 9 111 :1 ki 107-11 1, L43 Present: Mayor Al Murray, Mayor Pro Tern Charles "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney 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(d2)] — One Case 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(d1)] — One case A. Tustin Unified School District v. City of Tustin et al., Case No. 30 -2010- 00345476, Orange County Superior Court Special City Council Meeting Minutes January 28, 2013 Page 1 of 2 RECESSED at 6:02 p.m. RECONVENED at 7:05 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig — The Council unanimously approved a settlement agreement, the specifics which will be made available to the public upon request. ADJOURNMENT at 7:06 p.m. — The next meeting is scheduled for Tuesday, February 5, 2013 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. Special City Council Meeting Minutes January 28, 2013 Page 2 of 2