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Home My WebLink AboutCC MINUTES 09-03-13 MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY SEPTEMBER 3, 2013 300 CENTENNIAL WAY TUSTIN, CA CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2326 at 5:34 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 UPDATE — David E. Kendig, City Attorney — The Successor Agency will discuss Item 1: Initiation of Litigation with the Department of Finance. The City Council will discuss Items 2 and 3. 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 City Council/Successor Agency/Housing Authority September 3, 2013 Minutes Page 1 of 12 3. 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, Deputy Director of Economic Development 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 5:35 p.m. RECONVENED at 7:01 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER— Meeting #2326 at 7:01 p.m. INVOCATION — Councilmember Bernstein PLEDGE OF ALLEGIANCE — Councilmember Nielsen ROLL CALL — City Clerk 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 City Council/Successor Agency/Housing Authority September 3, 2013 Minutes Page 2 of 12 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 PRESENTATIONS Mayor Murray presented a Certificate of Recognition to Roger Costa. Jared Dever, Director of Communications, Orange County Vector Control, provided a PowerPoint presentation. Councilmember Gomez presented Jack Miller's biography as a prelude to the adjournment in his honor ORAL COMMUNICATION/PUBLIC INPUT Mark Senesac announced the Scouting for Food event will be held on November 9, 2013 at Stater Brothers CONSENT CALENDAR ITEMS 1-7 It was moved by Councilmember Bernstein and seconded by Councilmember Nielsen to pull Item 7 and 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 AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD AUGUST 20, 2013 Recommendation: 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 August 20, 2013. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL City Council/Successor Agency/Housing Authority September 3, 2013 Minutes Page 3 of 12 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 $11,758.79 and $630,881.66; and Demands in the amount of$7,702,701.07 3. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT Pursuant to the Tustin Housing Authority Bylaws and State of California Housing Authorities Law of the California Health and Safety Code, the Tustin Housing Authority is holding an annual meeting and receiving and filing the annual report for the preceding fiscal year. Recommendation: That the Tustin Housing Authority Commissioners take the following actions: 1. Open their Annual Meeting and receive and file the Annual Report for Fiscal Year ("FY") 2012-2013 and transmit such report to the Tustin City Council. 2. Close their Annual Meeting That the City Council take the following actions: 1. Receive and file the Housing Authority's Annual Report for FY 2012- 2013. 2. Direct that a copy of the Housing Authority's Annual Report for FY 2012-2013 be filed with the City Clerk and ex-officio Clerk of the City Council of the City of Tustin and the California State Department of Housing and Community Development. 4. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE CEDAR GROVE PARK PLAYGROUND RENOVATION (CIP NO. 20071) Recommendation: That the City Council: 1. Adopt Resolution No. 13-75 accepting the Cedar Grove Park Playground Renovation (CIP No. 20071), and 111 2. Authorize the City Clerk to file the Notice of Completion with the County City Council/Successor Agency/Housing Authority September 3, 2013 Minutes Page 4 of 12 Recorder's office. RESOLUTION NO. 13-75 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 CEDAR GROVE PARK PLAYGROUND RENOVATION (CIP NO. 20071) 5. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR DESIGN SERVICES FOR CONSTRUCTION DOCUMENTS FOR THE PEPPERTREE PARK BOCCE BALL COURTS Approval of a Consultant Services Agreement between the City of Tustin and MIG, Inc. to provide the city design services, construction documents, and plans and specifications for the Bocce Ball Courts at Peppertree Park. Recommendation: Authorize the Mayor and the City Clerk to execute a Consultant Services Agreement with the firm MIG, Inc. for design services for the Peppertree Park Bocce Ball Court Project in an amount not to exceed $7,055.00. 6. DECLARATION OF SURPLUS PROPERTY The City has accumulated a quantity of obsolete and/or damaged computer and computer related equipment. The listed equipment is no longer usable or required for public use. Recommendation: 1. Declare the listed equipment surplus and not required for public use. 2. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. 7. PURCHASE CISCO NETWORK INFRASTRUCTURE EQUIPMENT City Council approved funding for fiscal year 2013-2014 to upgrade the City's computer network infrastructure which includes upgrading and/or migrating the computer network infrastructure to improve speed, efficiency, redundancy, security, and support a new Voice Over Internet Protocol System (VOIP) phone solution. It was moved by Mayor Murray and seconded by Mayor Pro Tem Puckett to approve the purchase of Cisco network equipment from GovPlace in Irvine, California, in the amount of $357,019. City Council/Successor Agency/Housing Authority September 3, 2013 Minutes Page 5 of 12 Motion carried: 5-0 REGULAR BUSINESS ITEMS 8-12 8. ORDINANCE NO. 1430 (CODE AMENDMENT (CA) 2013-002) - PROPOSED AMENDMENTS TO THE TUSTIN SUBDIVISION CODE (ARTICLE 9, CHAPTER 3 OF THE TUSTIN CITY CODE). PowerPoint presentation by Dana Ogdon Public Input: Mike Balsamo, Building Industry Association This matter was continued from the August 20, 2013, City Council meeting. On July 9, 2013, the Tustin Planning Commission adopted Resolution No. 4217 recommending that the Tustin City Council adopt Ordnance 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 Mayor Murray and seconded by Councilmember Nielsen to introduce and have first reading of Ordinance No. 1430 (Code Amendment 2013-002) by title only amending the Tustin Subdivision Code (Article 9, Chapter 3 of The Tustin City Code). 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 9. SET INTERVIEW DATE FOR AUDIT COMMISSION VACANCY Due to a recent vacancy, staff is requesting that the City Council set a date and time to conduct interviews to fill an unexpired term on the Audit Commission. ' City Council/Successor Agency/Housing Authority September 3, 2013 Minutes Page 6 of 12 It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem Puckett to set the interview date for the October 1, 2013 City Council meeting. Motion carried: 5-0 10. CALIFORNIA HERO PROGRAM - RESOLUTION NO. 13-78 Assembly Bill (AB) 811, signed into law on July 21, 2008, and AB 474, effective January 1, 2010, amend Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code of the State of California ("Chapter 29") and authorizes a legislative body to designate an area within which authorized public officials and free and willing property owners may enter into voluntary contractual assessments to finance the installation of distributed generation renewable energy sources, energy efficiency, and/or water conservation improvements that are permanently fixed to real property, as specified. The HERO Program has been very successful in Western Riverside County, since its launch in late 2012; the Program has approved over $129 million in applications and has funded over $25 million in projects. Because of its success, the California HERO Program was developed as a turnkey program to save other California jurisdictions time and resources in developing a standalone program. Jurisdictions only need to adopt the form of resolution accompanying this staff report and approve an amendment to the joint exercise of powers agreement related to the California HERO Program attached to such resolution to begin the process. It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Bernstein to adopt Resolution No. 13-78, authorizing the City's participation in the California HERO Program, which will enable property owners to finance permanently fixed renewable energy, energy and water efficiency improvements and electric vehicle charging infrastructure on their properties. RESOLUTION NO. 13-78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING THE AMENDMENT TO A CERTAIN JOINT POWERS AGREEMENT RELATED THERETO Motion carried: 5-0 11. STRATEGIC PLAN UPDATE 2013 City Council/Successor Agency/Housing Authority September 3, 2013 Minutes Page 7 of 12 Per City Council direction, City staff, together with Management Partners, drafted the City's first five year strategic plan in an effort to provide vision and guidance for the City's future. The City Council adopted the strategic plan in February of 2013 and as part of its implementation, the plan must be reviewed on an annual basis. The City Council was provided a copy of the goals and strategies accompanied by an update highlighted in yellow in the right column for review. In addition, each City Council report will incorporate a section entitled "CORRELATION TO THE STRATEGIC PLAN" to further provide how each agenda item relates to the vision and direction of the City. It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem Puckett to receive and file this report. Motion carried: 5-0 12. LEGISLATIVE REPORT Chuck Robinson, Deputy City Manager, provided an update on current legislation with emphasis on SB 731 and AB 229. OTHER BUSINESS/COMMITTEE REPORTS Councilmember Bernstein: • Attended the Roses, Radishes and Royalty dinner by the Orange County Taxpayers Association on July 18; congratulated Carolyn Cavecche • Attended the ribbon cutting at the Fairfield Inn and Suites and Residence Inn on August 1; welcomed Marriot to the City of Tustin • Attended a meeting with Assemblyman Travis Allen and Mayor Murray at the hangar on August 8; Aeros Company provided an update on their airship • Visited the Doheny Ocean Desalination Plant on August 9 • Attended the Tustin Chamber of Commerce breakfast on August 14; thanked the Chamber for wishing him a happy birthday; thanked Chamber for honoring the Police Department on a monthly basis; encouraged businesses to join the Chamber of Commerce • Attended the ribbon cutting for Sanctuary Wellness Center and Yoga Studio; congratulated Ajita Patel • Attended the Marconi Automotive Museum and Foundation for Kids celebration; thanked Mr. and Mrs. Marconi • Attended the 15th Enderle Center Classic Car Show to benefit the Boys and Girls Club hosted by Al Enderle City Council/Successor Agency/Housing Authority September 3, 2013 Minutes Page 8 of 12 • Attended the Cedar Grove Park Playground Re-opening • Expressed closing comments on Conditional Use Permit (CUP) 2012-10, 310 South Pasadena Avenue (Wilcox Manor); thanked residents, staff and applicants • Wished Jewish constituents and happy, healthy new year; Rosh Hashanah begins September 4, 2013 at 6:00 p.m. Councilmember Gomez: • Traveled to Boston, New York and Washington DC for a couple of weeks as a leisurely trip • Attended the ribbon cutting for Get Safe on August 8 • Attended the Tustin Chamber of Commerce breakfast on August 14; retiring Chief of Police, Scott Jordan, was honored along with the Police Officer of the Month • Toured the Southeast Resource Recovery Facility in Long Beach • Toured the Haster Pump Station in Garden Grove on August 15 • Attended the ribbon cutting for Sanctuary Wellness Center and Yoga Studio • Attended the American Association of University Women summer social dinner • Attended the community open house at Marconi Automotive Museum on August 17 • Attended the Luau Luncheon at the Senior Center on August 21 • Attended the Broadway in the Park production of Hairspray; congratulated Tustin Area Council for Fine Arts • Attended the ribbon cutting for Wozencraft Insurance Agency on August 28 • Attended the dedication of the Veteran's Center at Irvine Valley College on August 30 • Thanked the Parks and Recreation Department for another great summer of Concerts and Movies in the Park; thanked Dave Wilson • Announced the second annual Pasta Fest will be held at the Senior Center on September 7, 2013; confirmed tickets are still available Councilmember Nielsen: • Attended Bobby Okereke's Eagle Scout Court of Honor • Attended the Special City Council meeting on July 24 • Attended the Orange County Sanitation District Board of Directors meeting and Steering Committee meeting on July 24 • Attended the Orange County Council of Governments Board of Directors meeting on July 25 • Attended two committee meetings for the Southern California Association of Governments on August 1 • Attended the ribbon cutting at the Fairfield Inn and Suites and Residence Inn on August 1; congratulated R.D. Olson • Attended the Tustin Chamber of Commerce breakfast on August 14; congratulated retiring Chief of Police, Scott Jordan and Police Officer of the Month; reflected on Jack Schafer who originally established the Police Officer of City Council/Successor Agency/Housing Authority September 3, 2013 Minutes Page 9 of 12 the Month recognition • Attended the Orange County Sanitation District Board of Directors meeting on August 28 • Attended the last two Concerts in the Park Mayor Pro Tern Puckett • • Attended the Tustin, Orange, and Villa Park Day at the Orange County Fair on August 9 • Attended the ribbon cutting at the Fairfield Inn and Suites and Residence Inn on August 1 • Attended "Christmas in July" at the Orange County Rescue Mission which was sponsored by Chick-fil-A on August 5 • Attended the Transportation Corridor Agency Board of Directors meeting and committee meetings • Attended the community open house at Marconi Automotive Museum on August 17 • Attended a luncheon at Angels Stadium on August 6 • Attended National Night Out sponsored by the Tustin Police Department on August 6 • Attended the 15th Enderle Center Classic Car Show to benefit the Boys and Girls Club hosted by Al Enderle • Attended the Tustin Chamber of Commerce breakfast on August 14 • Attended the ribbon cutting for Sanctuary Wellness Center and Yoga Studio • Attended the Luau Luncheon at the Senior Center on August 21 • Toured Tustin Ranch Road construction with Mayor Murray, City Manager Jeff Parker and Director of Public Works Doug Stack • Attended the Broadway in the Park production of Hairspray; congratulated Tustin Area Council for Fine Arts • Attended the Flip Flops and Lemon Drops event sponsored by the Tustin Community Foundation • Attended a book lecture by Julie Garcia author of Resilience: An Unbroken Spirit on August 28 • Attended Cedar Grove Park Playground Re-opening; congratulated Dave Wilson and staff • Announced an open house will be held at the Fairfield Inn and Suites on September 4 • Congratulated Mayor Murray for being recognized by the Orange County Chapter of the National Association for the Advancement of Colored People • Honored to have Patty Miller and former Mayor Ursula Kennedy in attendance Mayor Murray • Hosted the 1st Annual Dental Clinic at the Family Youth Center in partnership with Dr. Chuck Toner and his volunteers; services were provided to over eighty City Council/Successor Agency/Housing Authority September 3, 2013 Minutes Page 10 of 12 kids, with a value of $18,000; Tustin Lions Club contributed to the event held on July 20 • Attended the Orange County Transportation Authority Board of Directors meeting on July 22 • Attended the Springfield Community College Advisory board meeting on July 23 • Guest speaker at the Orange County Fire Authority Battalion Chiefs Academy on July 24 • Attended the Orange County Fire Authority Board of Directors meeting; was selected as the new Vice-Chair on July 25 • Attended the Orange County Transportation Authority State Route 91 Advisory meeting on August 2 • Welcomed attendees at the National Night Out event held at the District on August 6 • Welcomed Supervisor Todd Spitzer to the Concerts in the Park; led the pledge of allegiance on August 7 • Toured the south hangar with Assemblyman Travis Allen, Councilmember Bernstein and Aeros Company representatives on August 8 • Attended the ribbon cutting of Fairfield Inn and Suites and Residence Inn by Marriot on August 10 • Attended the Orange County Transportation Authority Board of Directors meeting on August 12 • Attended the Tustin Chamber of Commerce breakfast on August 14 • Attended the Orange County Fire Authority Budget and Finance meeting on August 14 • Attended the Orange County Transportation Authority Legislative meeting on August 15 • Attended the Association of California Cities of Orange County Legislative meeting on August 16 • Attended the Orange County Fire Authority Equity Working Group meeting on August 21 • Attended the Orange County Fire Authority Board of Directors meeting on August 22 • Attended the Orange County Transportation Authority Board of Directors meeting on August 26 • Attended the Cedar Grove Park Re-opening on August 26 • Attended a book signing of Resilience: The Unbroken Spirit By Julie Garcia on August 28 • Honored at the Orange County National Association for the Advancement of Colored People Leadership reception; along with California State University of Fullerton President Mildred Garcia; Ivan S. Pitts, senior pastor of Santa Ana's Second Baptist Church; and Daphne Sykes-Scott, Orange County Superior Court judge on August 29 • Attended the Veterans Service Center Dedication and ribbon cutting at Irvine Valley College on August 30 City Council/Successor Agency/Housing Authority September 3, 2013 Minutes Page 11 of 12 ADJOURNED IN MEMORY OF JACK MILLER ADJOURNED at 8:38 p.m. The next meeting is scheduled for Tuesday, September 17, 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, omia. ELWYN . MURRAY, Mayor City Council /Successor Agency /Housing Authority September 3, 2013 Minutes Page 12 of 12 1