HomeMy WebLinkAbout02 CC MINUTES 1.7.14
MINUTES OF THE
JOINT REGULAR MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
JANUARY 7, 2014
7:00 P.M.
CALL TO ORDER – Meeting #2336 at 7:04 p.m.
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE –
American Legion
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
PRESENTATION - Mayor Murray presented a Proclamation to Walt Sullens from the
White Cane Society in recognition of Glaucoma Awareness Month.
Mr. Sullens presented a hat and cane to Mayor Murray designating him as an honorary
member of the White Cane Society.
ORAL COMMUNICATION/PUBLIC INPUT
Harold Katzman
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Pete Beatty
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CONSENT CALENDAR ITEMS 1-7
It was moved by Mayor Murray and seconded by Mayor Pro Tem Puckett to pull Items 2
City Council/Successor Agency/Housing Authority January 7, 2014
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and 5 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, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD
DECEMBER 17, 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,
and Housing Authority held on December 17, 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.
It was moved by Mayor Murray and seconded by Councilmember Bernstein to
approve Payroll in the amounts of $10,156.46, $10,156.46, $622,330.90 and
$626,745.93; and Demands in the amount of $10,562,375.90.
Motion carried: 5-0
3. AWARD OF BID FOR THE FRONTIER PARK WATER PLAY ELEMENT (CIP
NO. 20074)
The bid opening for the Frontier Park Water Play Element project was held on
November 18, 2013. The Frontier Park Water Play Element 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 International Computing Systems of Buena Park, California, in the
amount of $148,500 subject to the approval of contract requirements by the City
Attorney and final execution of the contract.
4. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
ADVERTISEMENT FOR BIDS FOR THE ARMSTRONG AVENUE AND
WARNER AVENUE EXTENSION PHASE 2 STREET IMPROVEMENTS
CONSTRUCTION PROJECT, CIP NOS. 70201 & 70202
City Council/Successor Agency/Housing Authority January 7, 2014
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The plans and specifications for the Armstrong Avenue and Warner Avenue
Extension Phase 2 Street Improvements Construction Project, CIP Nos. 70201
& 70202 have been prepared and the project is ready to be bid.
Recommendation: That the City Council adopt Resolution No. 14-02 approving
the plans and specifications for the Armstrong Avenue and Warner Avenue
Extension Phase 2 Street Improvements Construction Project, CIP Nos. 70201
& 70202 , and authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 14-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS
FOR THE ARMSTRONG AVENUE (CIP NO. 70201) AND WARNER
AVENUE (CIP NO. 70202) EXTENSION PHASE 2 STREET
IMPROVEMENTS CONSTRUCTION PROJECT AND AUTHORIZING
ADVERTISEMENT FOR BIDS
5. TUSTIN RESPONSE TO MITIGATED NEGATIVE DECLARATION FOR JOHN
WAYNE AIRPORT PIPELINE
Councilmember Nielsen and Councilmember Gomez recused themselves due
to a potential conflict of interest in real property
City Council concurrence is requested for the City of Tustin's response to the
Initial Study (IS) and Mitigated Negative Declaration (MND) for the proposed
construction and operation of an approximately five (5)-mile long 12-inch jet fuel
pipeline connecting fuel storage facilities at John Wayne Airport to an existing
16-inch pipeline operated by Kinder Morgan Energy Partners. The project
includes the construction of a connection facility in Tustin and additional fuel
storage facilities at John Wayne Airport.
It was moved by Mayor Pro Tem Puckett and seconded by Councilmember
Bernstein to direct staff to forward the attached response letter to the County of
Orange.
Motion carried: 3-0-2 (Councilmember Nielsen and Councilmember Gomez
abstained)
Councilmember Nielsen and Councilmember Gomez returned to the dais
6. APPROPRIATION OF LAND PROCEEDS FOR CONSULTING SERVICES
At the December 5 Special City Council Meeting, staff presented new concepts
for the future development of the Tustin Legacy project.
As part of that strategy, staff is recommending that the City Council appropriate
City Council/Successor Agency/Housing Authority January 7, 2014
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$500,000 from Legacy land proceeds to be used to hire the appropriate land
use and development consultants to assist in implementing the changes to the
Legacy plans.
Recommendation: City Council appropriate $500,000 from the land proceeds
fund balance to be used for land use and development consultant services to
implement the Legacy plan.
7. ADOPTION OF THE 2014 INVESTMENT POLICY
The California Government Code, as amended, requires that Cities annually
adopt their Investment Policy. This legislative action was in response to the
Orange County bankruptcy. It requires the elected body and the Treasurer to
review the existing Investment Policy as least annually and confirm its content
at a public meeting and annually delegate authority to invest.
Recommendation: That the City Council adopts the City of Tustin Investment
Policy for calendar year 2014.
REGULAR BUSINESS ITEMS 8-9
8. ORDINANCE NO. 1438, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN AMENDING ARTICLE 1, CHAPTER 6, PART 2 OF THE
TUSTIN CITY CODE REGARDING THE CITY PURCHASING SYSTEM
Ordinance No. 1438 amends Part 2 of Chapter 6 of Article 1 of the Tustin City
Code to satisfy a management comment finding in relation to the City's June 30,
2012 independent audit and to provide staff with a purchasing section of the
Tustin City Code that is relevant and provides clear guidance.
It was moved by Councilmember Nielsen and seconded by Councilmember
Gomez to introduce and have the first reading by title only of Ordinance No.
1438; and, set the second reading at the January 21, 2014 meeting.
ORDINANCE NO. 1438
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AMENDING ARTICLE 1, CHAPTER 6, PART 2 OF THE TUSTIN
CITY CODE REGARDING THE CITY PURCHASING SYSTEM
Motion carried: 5-0
9. 2014 MAYORAL APPOINTMENTS TO COMMITTEES
Annually, following selection of the Mayor, the Mayor appoints those members
of the City Council who will serve on various City and Regional committees.
City Council/Successor Agency/Housing Authority January 7, 2014
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It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem
Puckett to:
1. Confirm the attached appointments as recommended by the Mayor; and
2. Adopt the amended FPPC Form 806: Agency Report of Public Official
Appointments and direct staff to post on the City's website.
Motion carried: 5-0
OTHER BUSINESS/COMMITTEE REPORTS
URGENCY ITEM: The Brown Act permits the City Council to take action on items of
business not appearing on the posted agenda under the following condition: If the City
Council finds by a two-thirds vote of those present, or if less than two-thirds of the body
is present, by unanimous vote, that there is a need to take immediate action on an item
and the need for action came to the attention of the local agency subsequent to the
posting of the agenda (Section 54954.2 (b)).
The Association of California Cities of Orange County e-mailed the City Manager’s
office on Tuesday, January 7, 2014 at 5:22 p.m. regarding an upcoming advocacy trip.
The Association of California Cities of Orange County and the Orange County Business
Council advocacy trip will be held on February 24 and 25, 2014. The registration is due
by Tuesday, January 15, 2014.
It was moved by Mayor Murray and seconded by Mayor Pro Tem Puckett to agendize
the urgency item for consideration.
Motion carried: 5-0
The registration fee is $1,000.00, which includes meals and lodging.
It was moved by Councilmember Nielsen and seconded by Councilmember Bernstein to
approve travel for two members of the Council and expenses up to $1,500.00 for each
member.
Motion carried: 5-0
CITY MANAGER JEFF PARKER
Congratulated Chief Celano for organizing the memorial tribute for Officer Wally
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Karp
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COUNCILMEMBER BERNSTEIN
Wished everyone a Happy New Year
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Provided a report on water conservation
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COUNCILMEMBER GOMEZ
Hoped all had a safe and restful holiday season
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Provided an update regarding the donations received for the Senior Santa
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program:
Drew By from the Orange County Social Services Agency picked up the
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gifts on December 19
A local Indian maidens group made blankets to distribute to the seniors
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Thanked all who contributed to the successful program
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Attended the Christmas luncheon at the Senior Center on December 20
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Announced the deadline for the Planning, Community Services and Audit
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Commission vacancies is January 29; more information is on the City’s website
Thanked all for the memorial tribute to Officer Wally Karp; expressed gratitude for
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members of the public who attended the ceremony
Looking forward to a productive 2014
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COUNCILMEMBER NIELSEN
Wished all a Happy New Year; looking forward to a great 2014
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Attended the Orange County Sanitation District Board of Directors meeting;
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attended the Steering Committee meeting; the Board of Directors elected new
Vice Chair Tom Beamish; announced he was appointed as Chair of the
Operations Committee
Attended the Southern California Association of Government Community
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Economic and Human Development Committee (CEHD) meeting on January 2
Thanked Chief Celano for organizing the memorial tribute for Officer Wally Karp;
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expressed support to dedicate a street name at the Legacy in honor of Officer
Carp; suggested agendizing the item for discussion or as an administrative
decision
MAYOR PRO TEM PUCKETT
Wished all a Happy New Year
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Thanked Chief Celano for organizing the memorial tribute for Officer Wally Karp;
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expressed support to memorialize a tribute in honor of Officer Karp
Thanked Officer George Vallevieni and the Tustin Police Department for their
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dedication to the Santa Sleigh program
Thanked the Tustin Community Foundation and Tustin Pride for the holiday
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lights program; 100 special awards were presented; congratulated his neighbor
Dominique Masdea who displays a nativity scene each year and collects food for
the Second Harvest Food Bank
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Mentioned Councilmember Gomez had an article in the Tustin News
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encouraging residents to volunteer in the community; he also had an article in
the Tustin News recapping significant events from 2013
Expressed interest in extending the holiday lights year round in Old Town
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Reminded all the Mayor’s Inaugural Dinner will be held on Friday, February 7,
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2014
MAYOR MURRAY
Attended an employee holiday celebration at the Orange County Transportation
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Authority on December 19
Attended his daughter’s water polo tournament at Costa Mesa High School on
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December 20; Beckman High School’s girls team finished in second place
Thanked family for a wonderful and restful holiday season
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Congratulated Councilmember Nielsen on his new leadership role at the Orange
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County Sanitation District
Complimented the Tustin Police Department and the leadership of Chief Celano
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for the memorial tribute to Officer Wally Karp; expressed support in
memorializing Officer Karp’s sacrifice in addition to the annual memorial tribute;
requested the item be agendized for discussion
Wished all a Happy New Year and is looking forward to a great 2014
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CLOSED SESSION MEETING
CALL TO ORDER
– Meeting #2336 at 7:58 p.m.
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:
City Council/Successor Agency/Housing Authority January 7, 2014
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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] – Three 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
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 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,
Principal Management Analyst 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
3. Property Tustin Legacy Disposition Package 1C to include
Address/Description Lots 1, X and Y of Tract Map 17404
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager
Negotiating Parties Regency Centers, John Meehigan
Under Negotiation Price and Terms of Payment
City Council/Successor Agency/Housing Authority January 7, 2014
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RECESSED TO CLOSED SESSION
– 7:59 p.m.
RECONVENED IN OPEN SESSION
–9:08 p.m.
CLOSED SESSION REPORT
– David E. Kendig – No reportable action
ADJOURNED
at 9:09 p.m. The next meeting is scheduled for Tuesday, January 21,
2014 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.
____________________________ _____________________________
ELWYN A. MURRAY, JEFFREY C. PARKER,
Mayor City Clerk
City Council/Successor Agency/Housing Authority January 7, 2014
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