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Home My WebLink AboutCC MINUTES 01-15-131 1 1 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 Tem 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 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 — INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [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 City Council /Successor Agency January 15, 2013 Minutes Page 1 of 11 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 II, 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 0 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 1B 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 Army Corps of Engineers Under Negotiation Price and Terms of Payment RECESSED at 5.33 p.m. City Council /Successor Agency January 15, 2013 Minutes Page 2 of 11 1 1 1 1 1 1 RECONVENED at T02 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. CALL TO ORDER — Meeting #2306 at T02 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion ROLL CALL — City Clerk Present: Mayor Al Murray Mayor Pro Tem 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 Tem Puckett, Councilmembers Nielsen and Bernstein recused themselves Mr Ortlieb completed his comments; councilmembers returned to the dais Councilmember Gomez requested to discuss Item No 1 Mayor Pro Tem 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 City Council /Successor Agency January 15, 2013 Minutes Page 3 of 11 Mayor Pro Tem 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 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. 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 City Council /Successor Agency January 15, 2013 Minutes Page 4 of 11 1 1 1 1 1 1 CA 2012 -04 Applicant: Joseph Haikal, Kiddie Academy of Irvine Motion: It was moved by Mayor Pro Tem 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 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 City Council /Successor Agency January 15, 2013 Minutes Page 5 of 11 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. 4 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 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 Tem 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 Southern California Edison (SCE) for Phase 2 street lighting, line extension, and utility relocation. Recommendation. It is recommended that the City Council: City Council /Successor Agency January 15, 2013 Minutes Page 6 of 11 1 1 1 1 1 1 1 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 Tem 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 DRIVE /KELLER 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 lowest responsive /responsible bidder It was moved by Councilmember Gomez and seconded by Mayor Pro Tem Puckett to award the construction contract for the Robinson Drive /Keller Drive City Council /Successor Agency January 15, 2013 Minutes Page 7 of 11 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 9 DECLARATION OF SURPLUS PROPERTY 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 TREASURER FOR CALENDAR YEAR 2013 11 SET INTERVIEW DATE FOR COMMISSION SEATS PLANNING COMMISSION AND COMMUNITY SERVICES COMMISSION City Council /Successor Agency January 15, 2013 Minutes Page 8 of 11 1 1 1 1 1 1 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 • 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 City Council /Successor Agency January 15, 2013 Minutes Page 9 of 11 • 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 • 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 MAYOR MURRAY • 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 meeting RECESSED TO CLOSED SESSION at 8.19 p.m. City Council/Successor Agency January 15, 2013 Minutes Page 10 of 11 1 1 1 1 1 1 RECONVENED at 1007 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 T00 p.m. in the Council Chamber 300 Centennial Way Tustin, California. ELWYN > . MURRAY Mayor City Council /Successor Agency January 15, 2013 Minutes Page 11 of 11