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Home My WebLink About02 CC SPECIAL/REGULAR MEETING MINUTES 04-02-13MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY TUSTIN, CA SPECIAL MEETING April 2, 2013 4:30 P.M. CALL TO ORDER at 4:34 p.m. ATTENDANCE Agenda Item Reviewed: City Manager Finance Director 2 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 REGULAR BUSINESS ITEMS 1 - 2 1. AD HOC COMMITTEE'S RECOMMENDATION FOR PLANNING COMMISSION VACANCIES Due to term expirations as of March 1, 2013, three vacancies exist on the Planning Commission. The ad hoc committee is recommending the following candidates for Council's consideration: 1. Dirk Geiger 2. Steve Kozak 3. Austin Lumbard 4. Jenifer Murillo 5. Larry Sample City Council Special Meeting Minutes April 2, 2013 Page 1 of 3 6. Ryder Smith Following oral interviews, Council completed ballots and City Clerk announced the results. Ballots were cast by Council to fill three (2) two -year terms on the Planning Commission. Murray: Kozak, Lumbard, Smith Puckett: Kozak, Lumbard, Smith Nielsen Kozak, Lumbard, Smith Gomez: Geiger, Kozak, Murillo Bernstein: Kozak, Lumbard, Smith City Clerk Services Supervisor Erica Rabe reported the ballot tally as follows: Kozak (5 votes), Lumbard (4 votes), Smith (4 votes) Geiger (1 vote) and Murillo (1 vote). By unanimous consent re- appointed incumbent Steve Kozak and by majority vote Austin Lumbard and Ryder Smith appointed to the Planning Commission for a two -year term expiring March 1, 2015. 2. INTERVIEWS FOR COMMUNITY SERVICES COMMISSION VACANCIES Due to term expirations as of March 1, 2013, three vacancies exist on the Community Services Commission. The following individuals submitted applications for Council's consideration: 1. Nancy Barry 2. Tamara !son 3. Stephen "Rusty" Kozak III 4. Erin Moore 5. Adrian Morton 6. Donna Marsh Peery 7. Larry Sample Ballots were cast by Council to fill three (2) two -year terms on the Community Services Commission. Murray: Kozak, Moore, Marsh Peery Puckett: Moore, Marsh Peery, Sample Nielsen Barry, Moore, Marsh Peery Gomez: Moore, Marsh Peery, Sample Bernstein: Kozak, Moore, Marsh Peery City Clerk Services Supervisor Erica Rabe reported the ballot tally as follows: Erin Moore (5 votes), Donna Marsh Peery (5 votes), Stephen "Rusty" Kozak (2 votes), Larry Sample (2 votes) and Barry (1 vote). By unanimous consent re- appointed incumbent City Council Special Meeting Minutes April 2, 2013 Page 2 of 3 Erin Moore and Donna Marsh Peery to the Community Services Commission for a two - year term expiring March 1, 2015. Ballots were cast to appoint Stephen "Rusty" Kozak or Larry Sample for the remaining vacancy. Murray: Kozak Puckett: Sample Nielsen Sample Gomez: Sample Bernstein: Kozak City Clerk Services Supervisor Erica Rabe reported the ballot tally as follows: Stephen "Rusty" Kozak (2 votes) and Larry Sample (3 votes). By majority vote appointed Larry Sample to the Community Services Commission for a two -year term expiring March 1, 2015. ADJOURNED at 5:45 p.m. City Council Special Meeting Minutes April 2, 2013 Page 3 of 3 Agenda Item Reviewed: City Manager Finance Director MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY COUNCIL CHAMBERS 300 CENTENNIAL WAY TUSTIN, CA APRIL 2, 2013 CLOSED SESSION MEETING 6:00 P.M. CALL TO ORDER — Meeting #2313 at 6:00 p.m. 2 ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tem Charles E. "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(d2)] — Two Cases 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Govt. Code § 54957] — Two Cases • Performance evaluation of the City Manager • Performance evaluation of the City Attorney City Council /Successor Agency /Housing Authority Minutes April 2, 2013 Page 1 of 9 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — One case 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 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 RECESSED at 6:01 p.m. RECONVENED at 7:20 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2313 at 7:20 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 City Council /Successor Agency /Housing Authority Minutes April 2, 2013 Page 2 of 9 CLOSED SESSION REPORT – City Attorney David E. Kendig – No reportable action PRESENTATION - Orange County Transportation Authority – PowerPoint presentation by Kia Mortazavi; Mayor Murray provided an update relating to Tustin ORAL COMMUNICATION/PUBLIC INPUT – None CONSENT CALENDAR ITEMS 1-6 It was moved by Councilmember Nielsen and seconded by Councilmember Bernstein to pull consent item 5 and to approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried 5-0 1. APPROVAL OF MINUTES – JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD MARCH 19, 2013. Recommendation: That the City Council/Successor Agency and Housing Authority approve the Action Minutes of the Joint Regular Meeting of the City Council, Successor Agency to the Tustin Community Redevelopment and Housing Authority held on March 19, 2013. 2. 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 $11,182.39 and $588,410.21; and Demands in the amount of $5,020,993.21. 3. ACCEPT IMPROVEMENTS FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS — PHASE 1 CIP 40079 AND THE TRAFFIC SIGNAL CONTROLLER EQUIPMENT UPGRADES /REPLACEMENTS — PHASE 1 CIP 40080 Construction of the Traffic Signal Battery Backup System Installations — Phase 1 CIP 40079 and the Traffic Signal Controller Equipment City Council/Successor Agency/Housing Authority April 2, 2013 Minutes Page 3 of 9 Upgrades /Replacements — Phase 1 CIP 40080 have been completed to the satisfaction of the City Engineer and the projects are now ready for City Council acceptance. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 13 -20 accepting the construction of the Traffic Signal Battery Backup System Installations — Phase 1 CIP 40079 and the Traffic Signal Controller Equipment Upgrades /Replacements — Phase 1 CIP 40080; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 13 -20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS — PHASE 1 CIP 40079 AND THE TRAFFIC SIGNAL CONTROLLER EQUIPMENT UPGRADES /REPLACEMENTS — PHASE 1 CIP 40080 APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE NEGOTIATION OF A CONTRACT CHANGE ORDER WITH R. J. NOBLE COMPANY FOR A TRAFFIC SIGNAL ON NEWPORT AVENUE The plans and specifications for a new traffic signal on Newport Avenue at the main entry to the R.D. Olson hotel project are being prepared for immediate construction subject to final approval by the City Engineer. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 13 -21 approving the plans and specifications subject to final engineering approval by the City Engineer; 2. Amend the adopted Capital Improvement Program for Fiscal Year 2012 -2013 to include the Newport Avenue Signal at this location; 3. Authorize the City Engineer to negotiate a contract change order with R.J. Noble Company for the Newport Avenue Signal installation, based upon bid pricing for similar work under contract and mobilized for the Tustin Ranch Road Phase 2 Roadway Improvements, subject to final approval by the City Manager; and 4. Appropriate $250,000 from unencumbered land sale proceeds in City Council /Successor Agency /Housing Authority Minutes April 2, 2013 Page 4 of 9 Fund 189 and authorize the City Manager to expend said funds in an amount not -to- exceed $250,000 for signal design, installation, construction engineering, and inspection. RESOLUTION NO. 13 -21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR A NEW TRAFFIC SIGNAL ON NEWPORT AVENUE SUBJECT TO FINAL ENGINEERING APPROVAL BY THE CITY ENGINEER 5. 2012 ANNUAL MITIGATION MONITORING STATUS REPORT FOR FEIS /EIR FOR MCAS TUSTIN SPECIFIC PLAN The City Council certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR) for the Disposal and Reuse of MCAS Tustin along with its Supplemental and Addendum. The FEIS /EIR evaluated the environmental impacts of the reuse and disposal of MCAS- Tustin, which included the adoption of a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097. The report provides updated information on construction, development, and entitlement projects within the MCAS Tustin Specific Plan area and their compliance with mitigation requirements. On March 26, 2013, the Planning Commission reviewed the Annual Mitigation Monitoring Status Report and authorized staff to forward the report to the City Council to receive and file. It was moved by Councilmember Gomez and seconded by Councilmember Nielsen to receive and file the 2012 Annual Mitigation Monitoring Status Report for FEIS /EIR for the MCAS Tustin Specific Plan. Motion carried: 5 -0 6. AWARD OF BID FOR THE CEDAR GROVE PARK PLAYGROUND RENOVATION (CIP NO. 20071) The bid opening for the Cedar Grove Park Playground Renovation project was held on March 11, 2013. The Cedar Grove Park Playground Renovation was identified by the Community Services Commission as the next project to be completed on their seven -year Capital Improvement Project priority list. Recommendation: Staff recommends that City Council award the construction contract to Cicero Engineering of Fullerton, California, in the amount of $225,300 subject to the approval of contract requirements by the City Attorney and final execution of the contract. City Council /Successor Agency /Housing Authority Minutes April 2, 2013 Page 5 of 9 REGULAR BUSINESS ITEMS 7 -10 7. CONSIDERATION OF REQUEST FOR MULTI -WAY STOP CONTROL AT INTERSECTION OF ROANOKE AVENUE, CANTERBURY AVENUE AND KINGSBORO CIRCLE PowerPoint presentation by Eric Loke The City Council received a citizen request to install stop signs at the intersection of Roanoke Avenue, Canterbury Avenue and Kingsboro Circle. A traffic engineering study for multi -way stop controls within the community has been completed. It was determined that no changes in intersection traffic control are recommended at Roanoke Avenue, Canterbury Avenue and Kingsboro Circle. However, supplemental warning signs and raised pavement markers along the curves are recommended throughout the community, in addition to periodic enforcement. It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Nielsen to receive and file the Traffic Engineering Study of Roanoke Avenue - Canterbury Avenue at Kingsboro Circle and Similar Intersections in Tustin Meadows prepared by Tom Brohard and Associates dated March 20, 2013, and implement supplemental warning signs and raised pavement markers as recommended. Motion carried: 5 -0 8. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL SERVICES FOR CONSTRUCTION DOCUMENTS FOR THE FRONTIER PARK WATERPLAY ELEMENT (CIP NO. 20072) Approval of a Consultant Services Agreement between the City of Tustin and Hirsch & Associates, Inc. to provide the City architectural design, construction documents, and plans and specifications for a water play element at Frontier Park. It was moved by Councilmember Bernstein and seconded by Councilmember Nielsen to authorize the Mayor and the City Clerk to execute a Consultant Services Agreement with the firm Hirsch & Associates, Inc. for the Frontier Park "Sprayground" Project not to exceed $12,540. Motion carried: 5 -0 9. AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLANS AND ESTABLISHING A TARGETED RECRUITMENT AND SELECTION City Council /Successor Agency /Housing Authority Minutes April 2, 2013 Page 6 of 9 PROCESS Approval of the following actions will amend the City's Classification Plan and Compensation Plan to reflect changes recommended by staff to facilitate organizational restructuring and establish a targeted recruitment process to be used when determined by the City Manager to be in the City's best interests for filling a vacant position. Public Input: • Stanley Miller • Harold Katzman It was moved by Councilmember Nielsen and seconded by Mayor Pro Tem Puckett to approve staffs recommendation. The motion was amended to vote on staffs recommendation separately. The amended motion was moved by Councilmember Nielsen and seconded by Mayor Pro Tem Puckett that the City Council take the following actions: 1. Adopt Resolution 13 -22 to amend the City's Classification and Compensation Plans; and 2. Authorize the City Manager, or his /her designee, to designate an individual as the City's Building Official; and RESOLUTION NO. 13 -22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN Motion carried: 5 -0 It was moved by Councilmember Nielsen and seconded by Councilmember Bernstein to: 3. Adopt Resolution 13 -24 to establish a targeted recruitment and selection process. RESOLUTION NO. 13 -24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A TARGETED RECRUITMENT AND SELECTION PROCESS FOR THE HIRING OF CITY EMPLOYEES Motion carried: 4 -1 (Councilmember Gomez dissenting) City Council /Successor Agency /Housing Authority Minutes April 2, 2013 Page 7 of 9 10. LEGISLATIVE REPORT City Manager, Jeff Parker, provided an update on upcoming legislation. OTHER BUSINESS /COMMITTEE REPORTS COUNCILMEMBER BERNSTEIN • Provided an update regarding resident's concerns regarding increasing homelessness in the City of Tustin • Participated in Principal of the Day at Utt Middle school • Provided an update from the Orange County Vector Control regarding flea- bourne typhus • Attended the open house for Assemblyman Don Wagner who relocated to Tustin • Attended the Easter egg hunt • Wished all a belated Happy Easter and Happy Passover COUNCILMEMBER GOMEZ • Attended the Tustin High School basketball game versus Cathedral Catholic; congratulated Coach Bossenmeyer, assistant coaches and team • Attended the Orange County Medical Association meeting on use of electronic records to link patient information on March 20 • Participated in Principal of the Day at Thorman Elementary on March 21 • Served as coach for the faculty student game at Currie Middle School on March 26 • Attended the open house for Assemblyman Don Wagner • Attended Senior Advisory Board meeting; discussed security at Senior Center; currently have a contest for new logo; Sweetheart Ball raised over $800 for Make a Wish Foundation • Announced Casino Night is April 5 at the Senior Center • Attended the Easter egg hunt; thanked Dave Wilson and staff • Announced Community Yard Sale is April 20 COUNCILMEMBER NIELSEN • Attended the Orange County Sanitation Steering Committee meeting • Attended the Orange County Sanitation Board of Director's meeting on March 27; discussed rate increase • Orange County Council of Governments meeting; presentation on bike paths • Congratulated newly appointed Commissioners — Steve Kozak, Austin Lumbard and Ryder Smith appointed to the Planning Commission and Erin Moore, Donna Marsh Peery and Larry Sample appointed to the Community Services Commission • Attended the Easter egg hunt • Apologized to Don Wagner for not being able to attend the open house as he was attending the OCSD meeting City Council /Successor Agency /Housing Authority Minutes April2, 2013 Page 8 of 9 MAYOR PRO TEM PUCKETT • Attended the Easter egg hunt • Participated in the Principal of the Day at Columbus Tustin • Attended Transportation Corridor Agency meeting; discussed Tesoro extension • Toured land for Tesoro extension • Attended open house for Assemblyman Don Wagner • Announced open house for Acura will be held on April 4; fundraiser for Students Against Destructive Decisions (SADD) will also be held • Announced City of Fullerton's State of the City will be held on April 5; planning to attend • Congratulated newly appointed Commissioners; congratulated Donna Marsh Peery and Erin Moore for reappointed MAYOR MURRAY • Participated in Meals on Wheels; thanked Dave Wilson on March 20 • Attended Orange County Fire Authority ad hoc equity working group on March 20 • Attended Chili Cook -off and Street Fair meeting on March 20 • Attended Orange County Fire Authority retirement ceremony for Deputy Chief Ron Blau on March 21 • Attended Association of California Cities of Orange County Jobs and Economic Development meeting on March 21 • Attended Association of California Cities of Orange County Legislative and Regulatory meeting on March 22 • Welcomed Tustin commuters at the Metrolink station and rode the train to the San Juan Capistrano Swallows event on March 23 • Attended the Orange County Transportation Authority Board of Directors meeting • Participated in Principal of the Day at Tustin High School on March 26 • Led the Pledge of Allegiance at Assemblyman Don Wagner's ribbon cutting • Attended Orange County Fire Authority Executive and Board of Director's meetings • Attended the 91 Express Lanes tour • Attended the Easter egg hunt • Attended Orange County Transportation Authority Executive Board meeting and Regional Planning Highways meeting • Thanked all commission applicants and ad hoc committee ADJOURNMENT at 9:05 p.m. — The next meeting is scheduled for Tuesday, April 16, 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 /Housing Authority Minutes April 2, 2013 Page 9 of 9