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Home My WebLink AboutCC MINUTES 04-01-14 MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL, AND SPECIAL MEETING OF THE CITY COUNCIL APRIL 1, 2014 300 CENTENNIAL WAY, TUSTIN, CA CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER— Meeting #2342 at 5:35 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Dr. 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)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. LIABILITY CLAIM [Govt. Code § 54956.95] — Three Cases 1. Consideration of Claim of Katharine Saetang, Claim No. 13-14 2. Consideration of Claim of Rogelio Preciado, Claim No. 13-17 3. Consideration of Claim of Camille Kramer, Claim No. 13-28 City Council and Successor Agency April 1, 2014 Minutes Page 1 of 10 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. 111 Code § 54956.9(a)] — One Case 1. Successor Agency to the Tustin Redevelopment Agency, et al. v. Matosantos Case No. 34-2013-80001623 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Four Cases 1. 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 2. Property 580 W. Sixth Street Address/Description Agency Boys and Girls Club City Negotiators Jeffrey C. Parker, City Manager and Chuck Robinson, Deputy City Manager Negotiating Parties Adaleen McHale, Chief Professional Officer 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 4. Property Approximately 4 acres on APN 430-282-10 and a Address/Description portion of 430-282-11 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and Matt West, Principal Management Analyst Negotiating Parties South Orange County Community College District, Dr. Debra Fitzsimons, Vice Chancellor Under Negotiation Price and Terms of Payment SPECIAL CLOSED SESSION MEETING ITEM NO. 1 1. PUBLIC EMPLOYMENT: [Govt. Code § 54957] — One Case • Performance evaluation of the City Manager City Council and Successor Agency April 1, 2014 Minutes Page 2 of 10 RECESSED at 5:35 p.m. RECONVENED at 7:04 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 #2342 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 Dr. 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 — The City Council denied Claim No. 13-14, Claim No. 13-17 and Claim No. 13-28. The City Council will reconvene after open session to discuss Item No. 2 and the Item No. 1 on the Special Meeting Closed Session agenda. PRESENTATIONS o Mayor Murray presented a Certificate of Recognition to April Overlie, Director of Education & Outreach in honor of Fair Housing Month o Awareness Month - National Cancer Control Month o Mayor Murray presented a Proclamation to Justin Aminian, Beckman High School o Mayor Murray presented a Proclamation to SuperMax Wilford, Audra and Justin Wilford City Council and Successor Agency April 1, 2014 Minutes Page 3 of 10 ORAL COMMUNICATION/PUBLIC INPUT— o Harold Katzman o Dan Trznadel CONSENT CALENDAR ITEMS 1-5 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 AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD MARCH 18, 2014 Recommendation: That the City Council 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 March 18, 2014. 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 amount of $628,322.18 and Demands in the amount of $4,976,366.53. 3. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE WILLIAMS STREET STORM DRAIN PROJECT CIP NO. 50037 The plans and specifications for the Williams Street Storm Drain Project CIP No. 50037 have been prepared and the project is now ready to be bid. Recommendation: That the City Council adopt Resolution No. 14-24 approving the plans and specifications for the Williams Street Storm Drain Project CIP 50037 and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 14-24 City Council and Successor Agency April 1, 2014 Minutes Page 4 of 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE WILLIAMS STREET STORM DRAIN BETWEEN MCFADDEN AVENUE AND ALLIANCE AVENUE PROJECT CIP NO. 50037 AND AUTHORIZING ADVERTISEMENT FOR BIDS 4. APPROPRIATE FUNDS FOR PREPARATION OF VACANT PROPERTY FOR VEHICLE STORAGE AT 13761 MYFORD ROAD Staff is requesting an appropriation of $155,000 from the undesignated, unappropriated General Fund Reserve to the Capital Projects Fund (Fund 200) to cover the cost of preparing the vacant portion of the City owned property at 13761 Myford Road. The improvement of the vacant lot will accommodate storm water quality enhancement and the flexibility to store new vehicle inventory by various auto dealerships in the Tustin Auto Center. 5. FY2013 URBAN AREA SECURITY INITIATIVE (UASI) GRANT The City of Santa Ana, in its capacity as a Core City for the Anaheim/Santa Ana Urban Area, has applied for, received and accepted a grant entitled "FY 2013 Urban Areas Security Initiative" (UASI). This grant is from the Federal Department of Homeland Security, Federal Emergency Management Agency, through the State of California Emergency Management Agency. It is intended to enhance countywide emergency preparedness, and to help the Operational Area prevent, respond to, and recover from acts of terrorism, as set forth in the grant guidelines and assurances that are incorporated into the Agreement by reference. The Office of Grants and Training has awarded $2,490,000 to the City of Santa Ana for use in the Anaheim/Santa Ana Urban Area, for the term of December 11, 2013, through April 30, 2015. The funds are now available for distribution throughout the Operational Area, and the City of Tustin, as a Sub-Recipient, is authorized to participate in the grant funding. First, however, the City must designate an authorized representative and approve the Transfer Agreement. Recommendation: 1. Adopt Resolution 14-25, designating the Chief of Police or his designee as the City's authorized representative for the FY 2013 UASI grant. 2. Approve the FY 2013 UASI Transfer Agreement between the City of Santa Ana and the City of Tustin. RESOLUTION NO. 14-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS City Council and Successor Agency April 1, 2014 Minutes Page 5 of 10 THE CITY'S AUTHORIZED REPRESENTATIVE FOR THE FY 2013 URBAN AREAS SECURITY INITIATIVE (UASI) REGULAR BUSINESS ITEM 6 6. ORDINANCE NO. 1442, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4, CHAPTER 3, PART 5 OF THE TUSTIN CITY CODE REGARDING WASTE DISPOSAL AND DIVERSION REQUIREMENTS FOR CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CITY Presentation by Stacey Cuevas, Principal Management Analyst Ordinance No. 1442 amends Article 4, Chapter 3, Part 5 of the Tustin City Code (TCC) to be consistent with the California Green Building Standards Code requirements pertaining to Construction and Demolition (C&D) recycling. It was moved by Councilmember Nielsen and seconded by Mayor Murray to continue the first reading of Ordinance No. 1442 and direct staff to return with a revised staff report containing guidelines for single family residential units to determine which properties are exempt from the deposit fee based on square footage and modifications to the deposit amount for single family residential units. Motion carried: 5-0 ORDINANCE NO. 1442 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4, CHAPTER 3, PART 5 OF THE TUSTIN CITY CODE REGARDING WASTE DISPOSAL AND DIVERSION REQUIREMENTS FOR CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CITY SPECIAL MEETING ITEM 7 7. COUNTY AMBULANCE REQUEST FOR PROPOSAL (RFP) UPDATE City Manager Jeff Parker provided an update regarding the County Ambulance Request for Proposal. It was moved by Mayor Murray and seconded by Councilmember Bernstein to adopt Resolution No. 14-27 and direct staff to send a letter to the State of California requesting a one-year extention to the current contract. Motion carried: 5-0 City Council and Successor Agency April 1, 2014 Minutes Page 6 of 10 RESOLUTION NO. 14-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE CALIFORNIA EMERGENCY MEDICAL SERVICES AUTHORITY GRANT AN EXTENSION OF ONE YEAR FOR EXISTING AMBULANCE SERVICE EXCLUSIVE OPERATING AREAS IN ORANGE COUNTY OTHER BUSINESS/COMMITTEE REPORTS COUNCILMEMBER BERNSTEIN • Attended the Association of California Cities of Orange County Legislative and Regulatory meeting on March 21 • Attended the ribbon cutting for Koki's Teppanyaki Grille on March 24 • Attended the grand opening of Fire Station No. 37 on March 27 • Attended the "Honor Our Heroes" event at the Boys and Girls Club on March 28 • Attended the celebration of life ceremony for Gloriah Enderle on March 29 COUNCILMEMBER GOMEZ • Attended the South County Senior Summit on March 21; hosted by Supervisor Pat Bates; guest speakers were Nora Eisenhower, Office of Financial Protection for Older Americans and Dr. Laura Mosqueda, University of CA, Irvine School of Medicine. Encouraged all to visit the consumer finance website • Attended the Payless Shoes event at the Youth Center on March 22 • Stated she was unable to attend the grand opening of Fire Station No. 37 on March 27 • Attended the Tustin Area Senior Board meeting; discussed the "Aging as an Art" art exhibit, upgrades to the computer lab and the bocce ball courts • Attended the Santa Ana River Flood Protection Agency meeting on March 27 • Toured shopping centers with a representative from Regency Centers on March 28 • Attended a fundraiser and kickoff for the Dollars for Scholars Kentucky Derby event on March 28; the event will be held on May 3 • Attended the Tustin Track Meet on March 29; congratulated the Parks and Recreation Department • Attended the memorial service for Gloriah Enderle; expressed condolences to Al Enderle and family • Announced Casino Night will be held at the Senior Center on April 4; tickets are available at the Senior Center and the Parks and Recreation Department Mayor Murray asked City Manager Jeff Parker to provide an update on the earthquake that occurred on April 4 ' City Manager Jeff Parker provided an update on the earthquake that occurred on April 4 and the City's Emergency Operations Center procedures City Council and Successor Agency April 1, 2014 Minutes Page 7 of 10 COUNCILMEMBER NIELSEN • Wished his daughter a happy birthday • Attended the Orange County Sanitation District Steering Committee meeting on March 26; discussed AB1825 compliance • Attended the Orange County Sanitation District Board of Directors meeting on March 26 • Thanked Matt Nisson for providing a tour of his property • Attended the grand opening of Fire Station No. 37 on March 27; thanked Chief Celano for the memorial dedication • Requested to adjourn in memory of Gloriah Enderle • MAYOR PRO TEM PUCKETT _. . _ • Thanked Chief Celano for the memorial dedication at the Fire Station grand opening • Attended the Orange County Transportation Authority Long Range Transportation Plan meeting on March 19 ' • Attended the Tustin Chamber Mixer at Fairfield Inn on March 20 • Golfed on his birthday on March 21 • Attended the ribbon cutting for Koki's Teppanyaki Grille on March 24 • Attended the Transportation Corridor Agencies ad hoc meeting on March 26 • Attended the grand opening of Fire Station No. 37 on March 27 • Attended the Rotary awards ceremony at Tustin Ranch Golf Club on March 27 • Attended the "Honor Our Heroes" event at the Boys and Girls Club on March 28 • Attended the memorial service for Gloriah Enderle • Attended the Crossroads Church anniversary ceremony • Attended the opening day of the Angels MAYOR MURRAY • Attended and provided opening remarks for the Orange County Transportation Authority Long Range Transportation Plan meeting held at the Tustin Community Center on March 19; thanked Mayor Pro Tem Puckett for attending • Attended the 2nd Trimester Awards at Ladera Elementary; daughter Emily received the Principal's Award in her 3rd grade class • Attended the Association of California Cities of Orange County Board of Directors meeting • Honored to give the Oath of Office to Community Services Commissioners Ken Henderson and Amy Nakamoto on March 19 • Was the guest speaker at the Multiple Myeloma Club 2nd Annual Teacher and Community Talent Show; hosted by Justin Aminian • Attended the Orange County Transportation Authority Legislative and Communications Committee meeting on March 20 • Honored to give the Oath of Office to Audit Commissioners Lawrence Friend and Thomas Stroud • Attended the California Transportation Commission reception in Santa Ana City Council and Successor Agency April 1, 2014 Minutes Page 8 of 10 • Attended the Association of California Cities of Orange County Legislative and Regulatory Committee meeting on March 21 • Welcomed the Metrolink train at the Tustin station for the Swallows Day Parade in San Juan Capistrano on March 22 • Attended the Payless Shoe event; assisted in fitting donated shoes to Tustin residents along with Councilmember Gomez and Parks and Recreation Supervisor Barbara Guerrero • Attended the Orange County Transportation Authority Board of Directors meeting on March 24 • Congratulated Dave Wilson and the Tustin Family Youth Center for being recognized at the Community Recognition Dinner for offering free after-school and summer programs; hosted by the Tustin School Management Association on March 26 • Provided remarks at the grand opening of Fire Station No. 37 on March 27 • Attended the Orange County Fire Authority Executive and Board Committee meetings • Attended the Rotary luncheon for Police Officers and Firefighters of the Year event at the Tustin Ranch Golf Course • Attended the Tustin Boys and Girls Club annual "Honor Our Heroes" event with the Tustin Police Department on March 28 • Attended the City's Annual Youth Track Meet at Beckman High on March 29; awarded medals with Councilmember Gomez to the winners; congratulated Marilyn Buescher and staff • Attended the Beckman Ironman Swim meet; daughter Lily competed • Attended the memorial service for Gloriah Enderele at Enderle Center • Attended the Crossroads Church afternoon service on March 30; presented a Certificate of Recognition for their 75th Anniversary • Thanked Stephanie Najera and her team for their hard work on Fire Station No. 37 grand opening event • Thanked Doug Stack and the Public Works Department staff for their hard work on Fire Station No. 37 • Thanked Dave Wilson and the Community Services staff for the Payless Shoe event and the Tustin Track Meet • Wished Deputy City Manager Chuck Robinson a happy birthday ADJOURNED IN MEMORY OF GLORIAH ENDERLE CLOSED SESSION UPDATE — David Kendig, City Attorney — Council will discuss Items 1, 2 and 4 on the Regular Meeting Closed Session agenda and Item 1 on the Special Meeting Closed Session agenda RECESSED TO CLOSED SESSION — 8:35 p.m. City Council and Successor Agency April 1, 2014 Minutes Page 9 of 10 RECONVENED IN OPEN SESSION - 10:25 p.m. CLOSED SESSION REPORT — David Kendig, City Attorney— No reportable action ADJOURNED at 10:26 p.m. The next meeting is scheduled for Tuesday, April 15, 2014 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. '. . 1I A . :... 4 is ELWYN a . MURRAY, , JEF ' °Y . PARKER, Mayor Ci k • t City Council and Successor Agency April 1, 2014 Minutes Page 10 of 10