HomeMy WebLinkAboutCC MINUTES 10-15-13 MINUTES OF THE
JOINT REGULAR MEETING OF THE
CITY COUNCIL, THE SUCCESSOR AGENCY TO
THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY, FINANCING AUTHORITY AND HOUSING AUTHORITY
OCTOBER 15, 2013
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2330 at 5:31 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
[Government Code § 54956.9(d2)] — Department of Finance and One Case
2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
[Government Code § 54956.9(d2)] —Two Cases
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code
§ 54956.8] —Two Cases
1. Property Lots 1,2,3,4,5,6,7,8,9, 10,11, II, D, Final Map 17144;
Address/Description Lots 32, 34, Tentative Tract Map 17404; a portion
City Council/Successor Agency/Housing Authority/Financing Authority October 15, 2013
Minutes Page 1 of 11
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, Deputy Director of Economic
Development
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 APN: 430-391-12, 430-391-09, and 430-391-03
Address/Description
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager
Negotiating Parties Tustin Unified School District, represented by
Gregory Franklin, Superintendent
Under Negotiation Price and Terms of Payment
RECESSED at 5:32 p.m. '
RECONVENED at 7:02 p.m.
JOINT REGULAR MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY, TUSTIN PUBLIC FINANCING
AUTHORITY AND HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER— Meeting #2330 at 7:02 p.m.
INVOCATION - Mayor Pro Tem Puckett
PLEDGE OF ALLEGIANCE — Councilmember Bernstein
ROLL CALL — City Clerk
City Council/Successor Agency/Housing Authority/Financing Authority October 15, 2013
Minutes Page 2 of 11
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
CLOSED SESSION REPORT — City Attorney David E. Kendig — No reportable action
PRESENTATIONS
o Planning Commission Chair Steve Kozak presented a plaque and Mayor Murray
presented a Certificate of Recognition to the property owners of 138 North B Street
in honor of their"Outstanding Old Town Property" recognition
o Mayor Murray presented a proclamation to Jim Palmer President of the Orange
County Rescue Mission
o A video of the City of Tustin produced by International City/County Management
Association was shown; the City Council recognized City Manager Jeffrey Parker for
receiving a "30 years of Service" award from ICMA
o Captain Steven Lewis provided a PowerPoint presentation on the Emergency
Management Program
ORAL COMMUNICATION/PUBLIC INPUT
o Polly Musch
o Donna Marsh Peery
CONSENT CALENDAR ITEMS 1-11
It was moved by Councilmember Nielsen and seconded by Councilmember Bernstein 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, FINANCING AUTHORITY AND HOUSING
AUTHORITY HELD OCTOBER 1, 2013 AND THE SPECIAL MEETING OF
THE CITY COUNCIL HELD ON OCTOBER 1, 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 Agency,
Financing Authority and Housing Authority held on October 1, 2013 and the
City Council/Successor Agency/Housing Authority/Financing Authority October 15, 2013
Minutes Page 3 of 11
Special Meeting of the City Council held on October 1, 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 $11,758.79 and
$587,681.30; and Demands in the amount of$7,746,875.74.
3. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS
This report transmits two John Wayne Airport Noise Abatement Quarterly
Reports for the first and second quarters of 2013. The average noise level
measured at monitoring station NMS 10N, located at Columbus Tustin Middle
School on Beneta Way, remained relatively constant during the first and
second quarters. Average noise levels during the two quarters remained
below the City, County, and State criteria of 65 dB Community Noise
Equivalent Level (CNEL) for residential uses.
Recommendation: That the City Council receive and file this report.
4. ADOPT RESOLUTION NO. 13-77 TO ACCEPT IMPROVEMENTS FOR THE
ROBINSON DRIVE/KELLER DRIVE PEDESTRIAN ENHANCEMENTS (CIP
40083) AND BROWNING AVENUE/PARKVIEW WAY PEDESTRIAN
ENHANCEMENTS (CIP 40084)
Construction of the Robinson Drive/Keller Drive Pedestrian Enhancements
(CIP 40083) and Browning Avenue/Parkview Way Pedestrian Enhancements
(CIP 40084) has been completed to the satisfaction of the City Engineer and
the projects are now ready for City Council acceptance.
Recommendation: That the City Council
1. Adopt Resolution No. 13-77 accepting the construction of the Robinson
Drive/Keller Drive Pedestrian Enhancements (CIP 40083) and the
Browning Avenue/Parkview Way Pedestrian Enhancements (CIP
40084); and
2. Authorize the City Engineer to execute and file the Notice of
Completion with the County Recorder's Office.
RESOLUTION NO. 13-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
City Council/Successor Agency/Housing Authority/Financing Authority October 15, 2013
Minutes Page 4 of 11
TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF
IMPROVEMENT AND AUTHORIZING THE RECORDATION OF
THE NOTICE OF COMPLETION FOR THE ROBINSON DRIVE/
KELLER DRIVE PEDESTRIAN ENHANCEMENTS (CIP 40083)
AND THE BROWNING AVENUE/PARKVIEW WAY PEDESTRIAN
ENHANCEMENTS (CIP 40084)
5. ADOPT RESOLUTION NO. 13-84 TO ACCEPT IMPROVEMENTS FOR THE
EDINGER AVENUE WELL - PHASE I DRILLING PROJECT CIP 60165 AND
AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION
Construction of the Edinger Avenue Well - Phase I Drilling Project CIP 60165
has been completed to the satisfaction of the City Engineer and is now ready
for City Council acceptance.
Recommendation:
1. Adopt Resolution No. 13-84 accepting the construction of the Edinger
Avenue Well Phase I Drilling Project CIP 60165, and
2. Authorize the City Engineer to execute and file the Notice of
Completion with the Orange County Recorder's Office.
RESOLUTION NO. 13-84
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 EDINGER AVENUE
WELL - PHASE I DRILLING PROJECT CIP NO. 60165
6. AWARD CONTRACT FOR ANNUAL CATCH BASIN INSERT CLEANING
AND MAINTENANCE SERVICES
The approval of a multiyear contract with United Storm Water, Inc. will provide
for the regular cleaning and maintenance of catch basin inserts and screens
installed within the public right-of-way.
Recommendation: That the City Council award a contract with United Storm
Water, Inc. for the Annual Catch Basin Insert Cleaning and Maintenance
Services, and authorize the Mayor and the City Clerk to execute the contract
documents on behalf of the City.
7. ADOPT RESOLUTION NO. 13-73 TO ACCEPT IMPROVEMENTS FOR THE
TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS - PHASE
2 CIP 40079 AND THE TRAFFIC SIGNAL CONTROLLER EQUIPMENT
UPGRADES/REPLACEMENTS - PHASE 2 CIP 40080
City Council/Successor Agency/Housing Authority/Financing Authority October 15, 2013
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Construction of the Traffic Signal Battery Backup System Installations — Phase
2 CIP 40079 and the Traffic Signal Controller Equipment
Upgrades/Replacements - Phase 2 CIP 40080 have been completed to the
satisfaction of the City Engineer and the projects are now ready for City
Council acceptance.
Recommendation:That the City Council:
1. Adopt Resolution No. 13-73 accepting the construction of the Traffic
Signal Battery Backup System Installations - Phase 2 CIP 40079 and
the Traffic Signal Controller Equipment Upgrades/Replacements -
Phase 2 CIP 40080; and
2. Authorize the City Engineer to execute and file the Notice of
Completion with the County Recorder's Office.
RESOLUTION NO. 13-73
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 2 CIP
40079 AND THE TRAFFIC SIGNAL CONTROLLER EQUIPMENT
UPGRADES/REPLACEMENTS - PHASE 2 CIP 40080
8. POLICE DEPARTMENT VEHICLE PURCHASES
Seven (7) Police Department patrol vehicles are in need of replacement. The
Department has determined the need to purchase four (4) Dodge Chargers,
and three (3) Chevrolet Tahoe pursuit rated vehicles. Additionally, there will be
a need to award a contract for police equipment conversion work for the newly
purchased police units.
Recommendation:
1. The purchase of four (4) 2013 Dodge Charger police rated vehicles
from McPeek's Dodge in Anaheim, California, in the amount of
$107,482.04 (including tax, license, fees and delivery).
2. The purchase of three (3) 2013 Chevrolet Tahoe police rated vehicles
from Wondries Fleet Group in Alhambra, California, in the amount of
$96,218.61 (including tax, license, fees and delivery).
3. The purchase of police equipment conversion packages for the
conversion of four (4) 2013 Dodge Chargers, and three (3) Chevrolet
City Council/Successor Agency/Housing Authority/Financing Authority October 15, 2013
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Tahoe's from Hi-Standard Automotive in Orange, California, in the
amount of$52,246.88.
4. The additional change-over costs for four (4) 2013 Dodge Chargers,
and three (3) Chevrolet Tahoe's from one (1) additional vendor, in the
amount of$2,513.00 (graphic signs).
5. The Public Works Department to dispose of the retired surplus vehicles
at the next available public auction and credit net proceeds to the
applicable City Revenue Fund.
9. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR FRONTIER PARK WATER PLAY ELEMENT
(CIP No. 20074)
This project includes changing the use of the existing amphitheater area at
Frontier Park into a "splash pad" water play element.
Recommendation:
Staff recommends that the City Council approve Resolution No. 13-88,
approving specifications for the construction of a water play element at
Frontier Park (CIP No. 20074), and authorizing the City Clerk to advertise for
bids.
10. EXTENSION OF AGREEMENT WITH THE DEPARTMENT OF TOXIC
SUBSTANCES CONTROL AND BUDGET APPROPRIATION
Approval by the City Council is requested to authorize the extension of the
agreement with the Department of Toxic Substances Control (DTSC) for the
former MCAS Tustin project area (Tustin Legacy) environmental remediation
and approve a budget appropriation to fund the extended agreement.
Recommendation: That City Council:
1. Authorize the extension of the City's agreement with DTSC through
December 2014.
2. Authorize a budget appropriation of $50,000 to fund the agreement's
extension from The Proceeds from Land Sale Fund 189.
11. RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND COLOR
MARBLE COMMERCIAL PROJECTS, INC. FOR A PORTION OF THE
BUILDING LOCATED AT 15171 DEL AMO AVENUE
' Approval is requested for a Fifteen (15) Month Rental Agreement between the
City Council/Successor Agency/Housing Authority/Financing Authority October 15, 2013
Minutes Page 7 of 11
City and Color Marble Commercial Projects, Inc. (Tenant), for a City-owned
property located at 15171 Del Amo Avenue.
Recommendation: That the City Council authorize the City Manager to
execute the attached Rental Agreement with Color Marble Commercial
Projects, Inc. and support the finding that the Rental Agreement is at market
value and no further policy directions, as outlined in Tustin City Code 'Section
7960(B), are required.
REGULAR BUSINESS ITEM 12
12. BUSINESS LICENSE PROGRAM
PowerPoint presentation by Jeffrey Parker
City staff is seeking policy direction from the City Council regarding the
implementation of Tustin Municipal Code, Chapter 5, Section 2512 Business
License (attached) which requires any person that transacts and /or does
business in the city must procure a City License.
The purpose of the City Business License is to insure businesses are in the
appropriate location and within guidelines associated with their specific
activity. The Business License tax also helps fund critical city services that are
utilized by those businesses, such as Police and Fire protection, street
rehabilitation and paving, and sidewalk maintenance.
At its March 19th meeting, the City Council authorized an agreement with
Municipal Auditing Services (MAS) to assist the City's Finance Department
with identifying and collecting Business Licenses by individuals or businesses
covered by the Tustin Municipal Code.
After initiation of this new process, which included letters sent by MAS to
individuals or businesses identified via State or local information as listing the
City of Tustin as their business location, the City began to receive payments
from new businesses. In addition, the City received questions, inquiries, and
complaints about the request by the City of these businesses to obtain
licenses.
Public Input:
o Phil Hawkins
o Rick Martinez
o Al Ricci
o Gary Longobardo
o Dave Stefanides
City Council/Successor Agency/Housing Authority/Financing Authority October 15, 2013
Minutes Page 8 of 11
o Phil Schaefer
o Diane Montgomery
o Tracy Nguyen
o Judy Barr
It was moved by Mayor Murray and seconded by Mayor Pro Tern Puckett to
direct staff to:
• Research the City of Anaheim's business license program
• Research redefining employee
• Return to Council with possible changes to the municipal code
City Manager Jeff Parker requested to amend the motion to include the
following:
• Authorize the refund of all penalties collected by MAS.
• Authorize the refund of business license fees collected by MAS for the
years 2000-2010, prior to the reinstatement of the City's original 2011
amnesty program
It was moved by Mayor Murray and seconded by Mayor Pro Tem Puckett to
include the amended motion.
Motion carried: 5-0
RECESSED 8:55 p.m.
RECONVENED 9:01 p.m.
OTHER BUSINESS/COMMITTEE REPORTS
CITY MANAGER JEFF PARKER
• Provided an update on the recent high winds and unsafe weather conditions
which impacted the Tustin Tiller Days event and may have caused damage to the
airship in the North hangar; the City will continue to monitor the damage caused
to the North hangar and the structural integrity of the South hangar
o Orange County Fire Authority Battalion Chief Steve Pardi provided an
update on the hangar incident
COUNCILMEMBER BERNSTEIN
• Attended the Orange County Vector Control meeting; provided an update on the
flea-borne Typhus outbreak
• Attended the Water Advisory Committee meeting on October 4
• Discussed Tiller Days; participated in the parade on Saturday; thanked
City Council/Successor Agency/Housing Authority/Financing Authority October 15, 2013
Minutes Page 9 of 11
constituents
• Attended the Tustin Chamber of Commerce breakfast on October 9; Officer Brad
Saunders was recognized as Police Officer of the Month
• Attended the Association of California Cities of Orange County Elected Officials
event at the Irvine Ranch Wildlife Sanctuary
• Attended the ribbon cutting for Kolache Factory Bakery & Café on October 15
• Mentioned October 13 was the 238th birthday of the United States Navy
• Thanked staff
COUNCILMEMBER GOMEZ
• Commented on the Tiller Days event; complimented staff and volunteers for their
professionalism and positive attitude; asked Dave Wilson to extend her
appreciation to the Parks and Recreation staff
• Attended the Tustin Chamber of Commerce breakfast on October 9
• Attended the Orange County Library Advisory Board meeting on October 10;
reviewed the budget and Friends of the Library contracts; discussed the ongoing
issue relating to the lack of quorum
• Mentioned the Tustin Alzheimer's Walk will be held at The District on October 26;
the Tustin Area Senior Center team name is 'Remember Tustin' for donation
purposes and/or participation
• Announced Currie Middle School's Club Live is accepting donations of used
eyeglasses for "Sight Night"
COUNCILMEMBER NIELSEN
• Attended the Orange County Sanitation District Operations Committee meeting
and the Strategic Plan Workshop on October 2
• Announced Southern California Association of Governments will hold a Orange
County Jobs and Labor Summit on October 16
• Requested staff to provide an update on coyotes due to recent complaints
MAYOR PRO TEM PUCKETT
• Accompanied wife, Donna, to her 50th high school anniversary in Kansas
• Attended the Tustin Chamber of Commerce breakfast on October 9
• Attended the ribbon cutting for Kolache Factory Bakery & Café on October 15
• Announced the Bonefish Grill restaurant will open on November 19
• Provided an update on the Transportation Corridor Agency meeting
MAYOR MURRAY
• Attended the Orange County Automobile Dealers Association annual meeting and
auto show review; guest speaker and former Seal Team member Marcus Lutrell
shared his military and leadership experience in Seal Team Mission "Operation
City Council/Successor Agency/Housing Authority/Financing Authority October 15, 2013
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Redwing" and his book "Lone Survivor" on October 3
• Attended the Tiller Days VIP event with daughter Emily on October 3; attended
the pancake breakfast and parade on October 5; carnival not opened due safety
concerns and high winds on October 5; attended the carnival on October 6
• Attended the Orange County Transportation Authority Executive Board meeting
and Regional Planning and Highways meeting on October 7
• Attended the Orange County Fire Authority Board meeting to address the RFP
process and safety issues
• Attended the Orange County Board of Supervisors meeting; discussed the RFP
process for ambulance service on October 8
• Attended the Tustin Chamber of Commerce breakfast on October 9; guest
speaker was Supervisor Todd Spitzer; Officer Brad Saunders was recognized as
Police Officer of the Month
• Attended the Orange County Fire Authority Budget and Finance Committee
meeting; discussed Orange County Employee Retirement System's unfunded
liability concerns
• Attended Concordia University's Public Policy presentation Can California Come
Back on October 10
• Led the pledge of allegiance and provided opening remarks at the Orange County
Transportation Authority Business Exposition held in Orange
• Had the privilege of swearing in of the new Audit Commissioner Dan Erickson at
the Audit Commission meeting on October 10
• Attended the Association of California Cities of Orange County Fall Leader
Reception at the Irvine Water District Marsh
• Attended the Orange County Transportation Authority Regional Board meeting on
October 11
• Attended the "Crime Survivors Dove Release and Healing Ceremony" at the
Orange County Rescue Mission; led the pledge of allegiance and provided
opening remarks on October 12
• Attended the Orange County Fire Authority Open House event with daughter
Emily on October 12; over 4,000 people were in attendance
• Met with Tustin Lions and Chair Cheryl Cady to commend Walter Sullens and the
White Cane Safety Club on October 15
• Announced Supervisor Spitzer will host an upcoming Safe Communities meeting
to discuss bullying, which will be held at Foothill Hill School from 6:00 p.m. to 8:00
p.m. on October 23
• Announced the Dino Dash event will be held on November 3
ADJOURNED at 9:33 p.m. The next meeting is scheduled for Tuesday, November 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, Cal' ia.
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ELWYN A MURRAY, JEF Y C. PARKER,
Mayor / r Cit I‘r
City Council/Successor Agency/Housing Authority/Financing Authority October 15, 2013
Minutes Page 11 of 11