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Home My WebLink AboutCC MINUTES 08-20-13 MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AUGUST 20, 2013 300 CENTENNIAL WAY TUSTIN, CA CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2325 at 5:37 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tern 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(d2)] — Department of Finance and One Case 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Govt. Code § 54956.9(d2)] —Two Cases 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — One Case a. Name of Claim: Mark Hocevar Case No(s). WCAB: ADJ8869086, ADJ8869087, ADJ8869088, ADJ8869691 City Council/Successor Agency August 20, 2013 Minutes Page 1 of 13 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, John Buchanan, Program Manager and Amy Freilich, Special Real Estate Counsel 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 5:38 p.m. RECONVENED at 7:03 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 #2325 at 7:03 p.m. INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE - Mayor Pro Tem Puckett ROLL CALL — City Clerk 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 City Council/Successor Agency August 20, 2013 Minutes Page 2 of 13 CLOSED SESSION REPORT — City Attorney David E. Kendig — No reportable action PRESENTATION - Recognition of Chief of Police, Scott M. Jordan On behalf of Senator Mimi Walters, Martin Paine, presented a joint Proclamation in conjunction with Joe Sturges who appeared on behalf of Assemblyman Don Wagner. On behalf of Supervisor Todd Spitzer and the Orange County Board of Supervisors, Eugene Fields presented a Resolution. Chief Todd Mattern, President of the Orange County Chiefs' Association presented a plaque. On behalf of the Integrated Law and Justice Agency for Orange County, Executive Director Bob McDonell presented a plaque. On behalf of the Orange County Fire Authority, Chief Keith Richter presented a plaque. On behalf of the Tustin Unified School District, Superintendent Greg Franklin and Board Vice President James Laird presented a plaque. On behalf of the Tustin Community Foundation, Erin Nielsen presented ornaments. On behalf of the City Council, Mayor Murray presented a Proclamation to Chief Jordan and presented flowers to his wife, Carmen Jordan. On behalf of Congressman Campbell, Mayor Murray presented a Certificate of Recognition. RECESSED at 7:30 p.m. RECONVENED at 7:56 p.m. ORAL COMMUNICATION/PUBLIC INPUT— None PUBLIC HEARING ITEM 1 1. CONDITIONAL USE PERMIT (CUP) 2012-10, 310 SOUTH PASADENA City Council/Successor Agency August 20, 2013 Minutes Page 3 of 13 AVENUE (WILCOX MANOR) Public hearing opened at 7:57 p.m. Councilmember Nielsen recused himself due to a potential conflict of interest. Public Input: 1 . Cecilia Hong (Requested to speak early due to a previously arranged commitment) Mayor Murray reviewed the rules of conduct relating to the public hearing. PowerPoint presentation by Director of Community Development, Elizabeth Binsack, and Principal Planner, Scott Reekstin. Conditional Use Permit (CUP) 2012-10 was originally proposed to allow a maximum of 24 paid outdoor weddings, birthday parties, and similar celebratory events per year at the existing single family residence at 310 S. Pasadena Avenue. On October 9, 2012, the Planning Commission adopted Resolution No. 4207 recommending that the Tustin City Council approve CUP 2012-10 to allow a total of 24 (paid and non-paid) outdoor events per year at 310 S. Pasadena Avenue, subject to revised conditions. Following the Planning Commission meeting, the applicants requested that a total of 36 (paid and non-paid) outdoor events per year be allowed and requested that some of the conditions of approval recommended by the Planning Commission be modified by the City Council. The project site is within the Cultural Resource (CR) District and Single Family Residential (R1) District. Pursuant to Tustin City Code (TCC) Section 9252j2(a)(2), the Tustin City Council may consider a proposed non-listed use of a property within the CR District when the use supports the purposes of the CR District, following a public hearing and recommendation by the Planning Commission. At the request of the applicants, this item was continued from the November 6, 2012 meeting, to the January 15, 2013, meeting of the Tustin City Council, and again to the September 17, 2013, meeting of the Tustin City Council. This item has been re-noticed for the August 20, 2013, meeting of the Tustin City Council. Applicants Michael Demoratz and Lindburgh McPherson addressed the City Council. Applicants' representative David Hunt addressed the City Council. Public Input: , City Council/Successor Agency August 20, 2013 Minutes Page 4 of 13 Opposed: 1. Art Andrial 2. Michael Smith 3. Lessie Kozlik 4. Brent Ferdig 5. Greg Woodward 6. Chad Ortlieb Supported: 7. Sandra McQuilkin 8. Margaret Graves Opposed: 9. Martin Blenz 10.Teri O' Toole 11.David Kozlik Supported: 12.Stephanie McCormick 13.Elise Perkins 14.Moises Perez 15.Robin Fry 16.Claude Parrish 17.Gretchen Whisler 18.Julie Chay 19.Erin Nielsen 20.Susannah Darcy 21.Melody Mosley 22.Barry Silverman 23.Jillian Browne 24.Yolanda Brown 25.Sarah Peerson 26.Cherrill Cady 27.Louise Waite RECESSED: 10:22 p.m. RECONVENED: 10:36 p.m. Public Input: Supported: City Council/Successor Agency August 20, 2013 Minutes Page 5 of 13 28.Margaret Potienger , Opposed: 29.Tina Blenz 30.Karen Bergstrom Supported 31.Suzanne Beukema 32.Patricia De Perez 33.Jerry Amante Public hearing closed at: 10:58 p.m. It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Bernstein to adopt Resolution No. 13-74 with the verbal revisions recommended and discussed at the dais. Prior to a vote on the motion, City Attorney, David Kendig, recommended a brief recess for staff to make the specific revisions to Resolution No. 13-74, per the direction of the Council, and to return with a redlined draft for Council's consideration. The Mayor recessed the meeting. RECESSED: 11:33 p.m. RECONVENED: 11:51 p.m. A revised Resolution was presented and reviewed by the Council. It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Bernstein to adopt the revised Resolution No. 13-74. (Full text of the revised Resolution is available in the City Clerk's office and in the document archive on the City's website.) RESOLUTION NO. 13-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2012-10, AUTHORIZING A MAXIMUM OF 24 OUTDOOR CHARITABLE OR PAID EVENTS PER YEAR AT 310 SOUTH PASADENA AVENUE. Motion carried: 3-1-1 (Councilmember Nielsen recused himself from all discussion of the item, and Councilmember Gomez dissented.) Councilmember Nielsen returned to the dais. City Council/Successor Agency August 20, 2013 Minutes Page 6 of 13 CONSENT CALENDAR ITEMS 2-13 It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen to pull Item 2 and approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried: 5-0 2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD JULY 16, 2013 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD JULY 24, 2013 It was moved by Councilmember Gomez and seconded by Mayor Murray to bifurcate the approval of the minutes for July 16, 2013 and July 24, 2013, due to the excused absence of Councilmember Gomez at the Special Meeting of the City Council held on July 24, 2013. Motion carried: 5-0 It was moved by Councilmember Gomez and seconded by Mayor Pro Tern Puckett that the City Council and Successor Agency approve the Action Minutes of the Joint Regular Meeting of the City Council and the Successor Agency to the Tustin Community Redevelopment Agency held on July 16, 2013. Motion carried: 5-0 It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen that the City Council approve the Action Minutes of the Special Meeting of the City Council held on July 24, 2013. Motion carried: 4-1 (Councilmember Gomez abstained) 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 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 $11,159.88, $11,758.79, $15,310.89, $612,516.86, $622,920.17 and $762,130.99; and Demands in the amount of $9,154,806.66. City Council/Successor Agency August 20, 2013 Minutes Page 7 of 13 4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. 5. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF MARK HOCEVAR Adoption of the attached Resolution will certify that Mark Hocevar is industrially disabled from his position of Police Officer and allow CaIPERS to process his retirement in a timely manner. Recommendation: Adopt Resolution No. 13-76 finding that Police Officer Mark Hocevar is industrially disabled from performing the duties of his position. RESOLUTION NO. 13-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT MARK HOCEVAR, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER 6. VEHICLE PURCHASES - HONDA POLICE MOTORCYCLES The purpose of this report is to provide the Department with a recommendation for the efficient and cost effective procurement of the Department's enforcement motorcycle fleet. Five (5) Police Department motorcycles are in need of replacement. The Department has determined the need to purchase five (5) Honda ST1300-PA police motorcycles. The price of emergency vehicle equipment is included in the cost of the motorcycle. Radio and communications equipment is installed at the Orange County Communications radio repair facility. Recommendation: That the City Council authorize: 1. The purchase of five (5) 2013 Honda ST1300-PA motorcycles from Huntington Beach Honda in Huntington Beach, California, in the amount of $134,590.80 (including tax, license, fees, delivery, police City Council/Successor Agency August 20, 2013 Minutes Page 8 of 13 equipment, and installation). 2. The additional change-over costs for radio and communications equipment on five (5) 2013 Honda ST1300-PA motorcycles from Orange County Communications in Orange, California, in the amount of$12,388.75. 7. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE GRAFFITI REMOVAL PROGRAM The City's contract with Graffiti Control Systems expires on November 21, 2013. To continue the City's contract graffiti removal program, it is necessary for the City Council to authorize staff to advertise for contractor bids. Recommendation: That the City Council authorize and direct the Community Development Director to advertise for contractor bids to continue implementation of the City's graffiti removal program. 8. ADOPT RESOLUTION NO. 13-03 APPROVING LOT LINE ADJUSTMENT NO. 2012-02 A lot line adjustment to merge two (2) parcels is required to facilitate construction of the proposed mixed use building located at 125 W. Main Street. The proposed lot line adjustment application has been submitted by Payam Jahangiri of Pacific Maintenance & Repair, Inc. Recommendation: That the City Council adopt Resolution No. 13-03 approving Lot Line Adjustment No. 2012-02. RESOLUTION NO. 13-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 2012-02 9. APPROVE GRANTS OF EASEMENTS TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER PORTIONS OF ADJACENT PARCELS ALONG TUSTIN RANCH ROAD, VALENCIA AVENUE, VICTORY ROAD, AND PARK AVENUE IN TUSTIN LEGACY Construction of the ongoing Tustin Ranch Road Extension Project includes installation of Southern California Edison Company (SCE) electrical lines and facilities within roadways and adjacent parcels. It is therefore necessary for the City of Tustin to grant easements to SCE for these electrical lines and facilities and for access purposes over these adjacent parcels. Recommendation: That the City Council: City Council/Successor Agency August 20, 2013 Minutes Page 9 of 13 1. Grant an easement to the Southern California Edison Company over portions of Lots Z, HHH, Ill and KKK of TR 17404 as shown on the attached easement document exhibits for electrical facilities and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City; 2. Grant an easement to the Southern California Edison Company over portions of Lot Y of TR 17404 as shown on the attached easement document exhibits for electrical facilities and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City; and 3. Grant an easement to the Southern California Edison Company over portions of Lots 19, RR, QQ, 000, and CCCC of TR 17404 as shown on the attached easement document exhibits for electrical facilities and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 10. AWARD CONTRACT FOR THE NEWPORT AVENUE BICYCLE TRAIL RECONSTRUCTION BETWEEN MAIN STREET AND IRVINE BOULEVARD PROJECT CIP 70219 Staff is requesting that the City Council award a construction contract to the lowest responsive/responsible bidder for the Newport Avenue Bicycle Trail Reconstruction between Main Street and Irvine Boulevard Project CIP 70219. Recommendation: That the City Council award a construction contract to the lowest responsive/responsible bidder, Golden State Constructors, Inc., in the amount of $421,689.00, for the Newport Avenue Bicycle Trail Reconstruction between Main Street and Irvine Boulevard Project CIP 70219 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 11. ACCEPT PUBLIC IMPROVEMENTS AND AUTHORIZE RELEASE OF BONDS FOR TRACT MAP 16790, IRP NEVIS TUSTIN, LLC (THE COTTAGES) All public improvements associated with Tract Map No. 16790 have been completed. The Public Works Department is now recommending acceptance of public improvements and release of the public improvement bonds. Recommendation: That the City council: 1. Accept the public improvements for Tract Map No. 16790; and , City Council/Successor Agency August 20, 2013 Minutes Page 10 of 13 2. Authorize the City Clerk's office to release the following bonds in the indicated amounts: • Faithful Performance Bond (Bond No. 282549) - $49,500.00 • Labor & Material Bond (Bond No. 282549) - $25,000.00 • Warranty Bond (Bond No. 287975) - $5,000.00 12. AWARD CONTRACT FOR THE MCFADDEN AVENUE REHABILITATION BETWEEN MANTLE LANE AND PASADENA AVENUE PROJECT CIP NO. 70213 AND THE IRVINE BOULEVARD REHABILITATION BETWEEN PROSPECT AVENUE AND HOLT AVENUE PROJECT CIP NO. 70218 Staff is requesting that the City Council award a construction contract to the lowest responsive/responsible bidder for the McFadden Avenue Rehabilitation between Mantle Lane and Pasadena Avenue Project CIP 70213 and the Irvine Boulevard Rehabilitation between Prospect Avenue and Holt Avenue Project CIP 70218. Recommendation: That the City Council award a construction contract to the lowest responsive/responsible bidder, Sequel Contractors, Inc., in the amount of $771,728.55, for the McFadden Avenue Rehabilitation between Mantle Lane and Prospect Avenue Project CIP 70213 and the Irvine Boulevard Rehabilitation between Prospect Avenue and Holt Avenue Project CIP 70218 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 13. AWARD CONTRACT FOR THE ENDERLE CENTER DRIVE AND VANDENBERG LANE INTERSECTION ENHANCEMENTS PROJECT CIP 40078 Staff is requesting that the City Council award a construction contract to the lowest responsive/responsible bidder for the Enderle Center Drive and Vandenberg Lane Intersection Enhancements Project CIP 40078. Recommendation: That the City Council award a construction contract to the lowest responsive/responsible bidder, Sequel Contractors, Inc., in the amount of $165,262.25, for the Enderle Center Drive and Vandenberg Lane Intersection Enhancements Project CIP 40078 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. REGULAR BUSINESS ITEM 14 14. ORDINANCE NO. 1430 (CODE AMENDMENT (CA) 2013-002) - PROPOSED AMENDMENTS TO THE TUSTIN SUBDIVISION CODE (ARTICLE 9, CHAPTER 3 OF THE TUSTIN CITY CODE). City Council/Successor Agency August 20, 2013 Minutes Page 11 of 13 On July 9, 2013, the Tustin Planning Commission adopted Resolution No. 4217 recommending that the Tustin City Council adopt Ordinance No. 1430 (Code Amendment 2013-002) amending the Tustin Subdivision Code (Article 9, Chapter 3 of the Tustin City Code). The proposed amendments are the first comprehensive update of the Subdivision Code since 1981, and are part of the Community Development Department's continuing effort to implement Tustin City Council policy direction by making government processes and procedures more streamlined. It was moved by Councilmember Bernstein and seconded by Councilmember Nielsen to continue the introduction and first reading by title only of Ordinance No. 1430 (Code Amendment 2013-002) amending the Tustin Subdivision Code (Article 9, Chapter 3 of the Tustin City Code) to the September 3, 2013 meeting. ORDINANCE NO. 1430 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 2013- 002, AMENDING THE TUSTIN SUBDIVISION CODE (ARTICLE 9, CHAPTER 3 OF THE TUSTIN CITY CODE). Motion carried: 5-0 OTHER BUSINESS/COMMITTEE REPORTS ' CITY MANAGER • Announced Charles Celano was selected as the Interim Chief of Police, effective August 23, 2013 In the interest of time, Council unanimously approved to provide a report on their respective committees at the September 3, 2013 meeting MAYOR PRO TEM PUCKETT • Wished a happy birthday to Councilmember Bernstein • Wished a happy anniversary to Councilmember Gomez • Wished a happy anniversary to his wife, Donna ADJOURNED IN MEMORY OF VIC GORHAM City Council/Successor Agency August 20, 2013 Minutes Page 12 of 13 I ADJOURNMENT at 12:15 a.m. The next meeting is scheduled for Tuesday, September 3, 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, . ornia. at el I. ELWYN A. MURRAY, JE' F''j C. PARKER, Mayor C' y v -r I I City Council/Successor Agency August 20, 2013 Minutes Page 13 of 13