HomeMy WebLinkAbout01 CC MINUTES 7-15-14Agenda Item 1
Reviewed:
City Manager f p
Finance Director NIA
MINUTES OF THE JOINT REGULAR MEETING OF THE
CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
300 CENTENNIAL WAY, TUSTIN, CA
CLOSED SESSION MEETING
JULY 15, 2014
5:30 P.M.
CALL TO ORDER — Meeting #2349 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 Dr.
Allan Bernstein
Absent: None
City Clerk: Jeffrey C. Parker, City Clerk
Others Present: David E. Kendig, City Attorney
111- 1R Lei 1010 111191111►G7T'
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. LIABILITY CLAIM: [Government Code § 54956.95] — One Case
1. Consideration of Claim of Valerie Yungblut, Claim No. 14 -12
3. LABOR NEGOTIATIONS: [Government Code § 54957.6]
Agency Negotiators: David E. Kendig, City Attorney, and Derick
Yasuda, Acting Director of Human Resources
Employee Organization: Unrepresented Executive Management and
Management Employees
City Council and Successor Agency July 15, 2014
Minutes Page 1 of 13
4. PUBLIC EMPLOYMENT: [Government Code § 54957] — Two Cases
1. Performance evaluation of the City Attorney
2. Performance evaluation of the City Manager
5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
[Government Code § 54956.9(a)] — One Case
1. Successor Agency to the Tustin Redevelopment Agency, at al. v.
Matosantos: Case No. 34- 2013 - 80001623
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code
§ 54956.8] — Two Cases
1. Property 430 - 371 -18, 19, 20, 21, 22, 23, 24, 25, 26, 62, 63, 64,
Address /Description 65, 66, 67, 68
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager and John
Buchanan, Deputy Director of Economic
Development
Negotiating Parties Pacific Coast Investors
Under Negotiation Price and Terms of Payment
2. Property
Address /Description
Agency
City Negotiators
Negotiating Parties
Under Negotiation
430 - 391 -12, 430 - 391 -09, and 430 - 391 -03
City of Tustin
City Negotiators Jeffrey C. Parker, City Manager
Tustin Unified School District, represented by Dr.
Gregory Franklin, Superintendent
Price and Terms of Payment
7. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
[Government Code § 54956.9(d2)] — Two Cases
RECESSED — 5:34 p.m.
RECONVENED — 5:35 p.m.
City Council and Successor Agency July 15, 2014
Minutes Page 2 of 13
JOINT REGULAR MEETING OF THE
CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
7:00 P.M.
CALL TO ORDER — Meeting #2349 at 7:08 p.m.
INVOCATION — Councilmember Gomez
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 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 Council took no
reportable action and will reconvene following open session.
ORAL COMMUNICATION /PUBLIC INPUT —
• James McQueen
• Pete Beatty
PRESENTATIONS
Mayor Murray presented a Certificate of Recognition to TyRon Jackson in honor of his
dedication to Operation Warm Wishes
Mayor Murray presented a Certificate of Recognition to Emma Foss, Miss Tustin in honor of
her participation in the Miss California contest
City Council and Successor Agency July 15, 2014
Minutes Page 3 of 13
Mayor Murray proclaimed July as "Eye Injury Prevention Month" and recognized Dr.
Kleinberg
Mayor Murray presented a Certificate of Recognition to Dan Trznadel to honor his service as
Chairman of the Tustin Chamber of Commerce from July 1, 2013 — June 30, 2014.
CONSENT CALENDAR ITEMS 1 -9
It was moved by Mayor Murray and seconded by Mayor Pro Tern Puckett to pull Items 3
and 9 and approve the balance as recommended by staff.
Motion carried: 5 -0
APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY
COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY HELD ON JULY 1, 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 July 1, 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 Tustin Community Redevelopment
Agency obligations that are in accordance with the approved budget or
continued operations authorizations.
Recommendation: Approve Payroll in the amount of $667,894.17 and Demands
in the amount of $1,872,606.01.
3. APPROVAL OF A CONSULTANT SERVICES AGREEMENT TO FACILITATE
THE DESIGN AND DELIVERY OF A FUNCTIONAL EMERGENCY
OPERATIONS CENTER EXERCISE
Approval of a Consultant Services Agreement between the City of Tustin and
Willdan Homeland Solutions to provide support services for the development
and delivery of a Functional Emergency Operations Center Exercise.
It was moved by Councilmember Nielsen and seconded by Mayor Murray to
authorize the City Manager and the City Clerk to execute a Consultant Services
Agreement with Willdan Homeland Solutions to provide support services for the
development and delivery of a Functional Emergency Operations Center
Exercise in an amount not to exceed $24,293.
City Council and Successor Agency July 15, 2014
Minutes Page 4 of 13
Motion carried: 5 -0
4. APPROVE AMENDMENT NO. 2 TO MASTER FUNDING AGREEMENT NO.
C -1 -2786 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY
FOR M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS
Master Funding Agreement No. C -1 -2786 between the City of Tustin and the
Orange County Transportation Authority (OCTA) defines specific terms,
conditions and funding responsibilities for Comprehensive Transportation
Funding Programs (CTFP) and Local Fair Share Program Net Revenues under
Renewed Measure M (M2). OCTA has issued Amendment No. 2, which
includes minor modifications to the City's Master Funding Agreement.
Recommendation: That the City Council approve Amendment No. 2 to the
Master Funding Agreement No. C -1 -2786 with the Orange County
Transportation Authority for M2 Comprehensive Transportation Funding
Programs and authorize the Mayor and City Clerk to execute the Amendment
on behalf of the City.
5. ADOPT RESOLUTION NO. 14 -50 TO ACCEPT IMPROVEMENTS FOR THE
NEWPORT AVENUE BICYCLE TRAIL RECONSTRUCTION BETWEEN MAIN
STREET AND IRVINE BOULEVARD PROJECT (CIP 70219)
Construction of the Newport Avenue Bicycle Trail Reconstruction between Main
Street and Irvine Boulevard Project (CIP 70219) has been completed to the
satisfaction of the City Engineer and the project is now ready for City Council
acceptance.
Recommendation:
1. Adopt Resolution No. 14 -50 accepting the construction of the Newport
Avenue Bicycle Trail Reconstruction between Main Street and Irvine
Boulevard Project (CIP 70219); and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
RESOLUTION NO. 14 -50
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 NEWPORT AVENUE BICYCLE TRAIL RECONSTRUCTION
BETWEEN MAIN STREET AND IRVINE BOULEVARD PROJECT (CIP NO.
70219)
City Council and Successor Agency July 15, 2014
Minutes Page 5 of 13
6. APPROVE REIMBURSEMENT AGREEMENT OCSD CONTRACT NO. 7-
37 WITH THE ORANGE COUNTY SANITATION DISTRICT FOR
THE CONSTRUCTION OF A PORTION OF THE GISLER RED HILL
SYSTEM IMPROVEMENTS
Reimbursement Agreement OCSD Contract No. 7 -37 between the City of Tustin
and the Orange County Sanitation District (OCSD) dated June 25, 2014
establishes terms and conditions under which a portion of OCSD's Gisler Red
Hill System improvements will be scheduled, engineered, financed, and
constructed in conjunction with the City's Armstrong Avenue and Warner
Avenue Extension Phase 2 Street Improvements Construction Project, CIP
No.'s 70201 & 70202.
Recommendation: That the City Council approve Reimbursement Agreement
OCSD Contract No. 7 -37 with OCSD and authorize the Mayor, City Clerk, and
City Attorney to execute the agreement on behalf of the City.
7. APPROVAL OF CONSULTANT SERVICES AGREEMENTS FOR
ENGINEERING DESIGN SERVICES FOR VARIOUS TUSTIN LEGACY
INFRASTRUCTURE PROJECTS
Approval is requested of Consultant Services Agreements (CSA) with Hunsaker
& Associates, RBF Consulting, and NMG Geotechnical to provide engineering
design services to complete the unfinished design and prepare final plans,
specifications and costs estimates for certain Tustin Legacy Backbone
Infrastructure projects related to the Standard Pacific (SP) and South Orange
County Community College District (SOCCCD) projects; including the Peter's
Canyon Channel Improvements (CIP No. 50040), Moffett Drive Extension —
Park Avenue to east of Peter's Canyon Channel, Moffett Bridge over Peter's
Canyon Channel and storm drain extension from Tustin Ranch Road to Peter's
Canyon Channel (CIP No. 70224), Park Avenue Extension — Victory Road to
Moffett Drive (CIP No. 70225), Red Hill Avenue Widening — Barranca Parkway
to 1,000' north of Valencia Avenue, and finally Bell Avenue Extension — Red Hill
Avenue to Armstrong Avenue (CIP No. 70221).
Recommendation: That the City Council:
Approve Consultant Services Agreements (CSA) with Hunsaker &
Associates, RBF Consulting, and NMG Geotechnical for the provision of
certain design and consulting services, subject to any non - substantive
modifications as may be determined necessary as recommended by the
City Attorney, and authorize the City Manager to execute the documents
on behalf of the City; and
2. Approve $1,800,000 from unappropriated funds in CFD 06 -1 (Fund 434)
and appropirate $98,000 from unappropriated funds in the CFD 06 -1
City Council and Successor Agency July 15, 2014
Minutes Page 6 of 13
Annex (Fund 438).
8. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
Quarterly Report for the first quarter of 2014. The average noise level measured
at Tustin's monitoring station (NMS 10N), located at Columbus Tustin Middle
School on Beneta Way (Figure 1), remained consistent with prior quarters
during this first quarter reporting period. Average noise levels during the first
quarter were well 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.
9. SUMMARY OF PROJECTS
The following report provides a summary of projects and activities from the
Community Development Department to the Tustin City Council. The report
focuses on the status of projects that the Planning Commission, Zoning
Administrator, or staff approved; major improvement projects; Certificates of
Appropriateness; Code Enforcement activities; and, other items of interest.
Councilmember Gomez requested to receive a report providing a summary of
projects on a quartely basis.
It was moved by Councilmember Gomez and seconded by Mayor Pro Tern
Puckett to receive and file this item.
Motion carried: 5 -0
REGULAR BUSINESS ITEMS 10 -13
10. ORDINANCE NO. 1436 AMENDING CHAPTER 2, ARTICLE 5, OF THE
TUSTIN CITY CODE IN ITS ENTIRETY REGARDING DISASTER
EMERGENCY SERVICES
Ordinance Number 1436 amends Article 5, Chapter 2 of the Tustin City Code in
its entirety and establishes a Disaster Council pursuant to the California
Emergency Services Act and California Disaster Service Worker Volunteer
Program Regulations.
It was moved by Mayor Pro Tern Puckett and seconded by Councilmember
Nielsen to introduce and have first reading by title only of Ordinance No. 1436
amending in its entirety Chapter 2, Article
pertaining to Disaster Emergency Services an d
August 5, 2014 City Council Meeting.
City Council and Successor Agency
Minutes
5, of the Tustin City Code
set second reading at the
July 15, 2014
Page 7 of 13
Motion carried: 5 -0
ORDINANCE NO. 1436
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, PROVIDING FOR THE PREPARATION AND
IMPLEMENTATION OF EMERGENCY ORGANIZATIONS AND FUNCTIONS
11. APPROVE COMMENT LETTER ON THE DRAFT BAY DELTA
CONSERVATION PLAN
The comment period on the Draft Bay Delta Conservation Plan will close on July
29, 2014. The Municipal Water District of Orange County, which the City is a
member of, has requested member agencies consider submitting comments.
It was moved by Councilmember Bernstein and seconded by Councilmember
Nielsen to approve the Draft Bay Delta Conservation Plan Comment Letter with
minor revisions and authorize the Mayor to sign the letter on behalf of the City.
Motion carried: 5 -0
12. SUBMITTAL OF BALLOT MEASURE TO VOTERS TO INCREASE AND
CLARIFY APPLICATION OF THE UNIFORM TRANSIENT OCCUPANCY TAX
(HOTEL ROOM TAX)
PowerPoint presentation by City Attorney David Kendig.
To present for City Council consideration and approval a Resolution providing
for submittal of a ballot measure, which, if approved by a vote of the electorate,
would provide that the City of Tustin's Uniform Transient Occupancy Tax
(commonly referred to as the "hotel room tax ") be increased from 6% to either
14% or 10% and that other clarifying changes be made to the Uniform Transient
Occupancy Tax ( "UTOT ") ordinance.
It was moved by Mayor Pro Tern Puckett and seconded by Councilmember
Nielsen to adopt Resolution No 14 -51 to submit a ballot measure to the City's
voters to increase the UTOT from 6% to 10 %, and direct staff to take the steps
necessary to place this matter on the ballot, including soliciting ballot arguments
regarding the measure.
Motion carried: 5 -0
RESOLUTION NO. 14 -51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, CALLING FOR THE HOLDING OF AN ELECTION FOR THE
SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN
City Council and Successor Agency July 15, 2014
Minutes Page 8 of 13
MEASURE RELATING TO AMENDING CHAPTER 7 OF ARTICLE 20 OF THE
TUSTIN MUNICIPAL CODE PERTAINING TO THE UNIFORM TRANSIENT
OCCUPANCY TAX TO BE CONSOLIDATED AND HELD IN CONJUNCTION
WITH THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4,
2014, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS, AND REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO CONSOLIDATE THE ELECTION WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT
TO SECTION 10403 OF THE ELECTIONS CODE
13. REQUEST FOR TRAVEL APPROVAL
Mayor Pro Tern Chuck Puckett is requesting City Council authorization to attend
the Commission on Accreditation for Law Enforcement Agencies (CALEA)
banquet ceremony in Chicago, Illinois on July 26, 2014. Tustin Police
Department will be receiving the CALEA Re- Accreditation at the ceremony.
Resolution 09 -18 sets forth expense and travel reimbursement guidelines
whereas out -of -county travel requires City Council approval.
Councilmember Gomez requested to budget for future travel arrangements to
attend this event every three years.
Councilmember Gomez directed the City Attorney to revise Exhibit A "Expense
and Travel Reimbursement Guidelines for Councilmembers" and return for
Council's consideration at a future Council meeting.
It was moved by Councilmember Bernstein and seconded by Councilmember
Gomez to authorize travel for Mayor Pro Tern Puckett to attend the CALEA Re-
Accreditation.
Motion carried: 5 -0
OTHER BUSINESS /COMMITTEE REPORTS
CITY MANAGER JEFF PARKER
Congratulated and thanked Dave Wilson and the Parks and Recreation Department for
a great Fourth of July celebration
Announced the State Legislature will resume session in August
City Council and Successor Agency July 15, 2014
Minutes Page 9 of 13
COUNCILMEMBER BERNSTEIN
Thanked Tustin Meadows and the Parks and Recreation Department for a wonderful
Fourth of July celebration
Announced upcoming Concerts in the Park scheduled on Wednesday evenings at
Peppertree Park
Congratulated the Tustin Chili Cook -Off committee for their contribution in raising funds
for charitable donations; thanked Donna Marsh Peery and Marilyn Buescher
July 11
o Attended the Water Advisory Committee of Orange County meeting; provided an
update regarding state budget allocations toward the drought and water bond
Encouraged all to pray for those in the Middle East
COUNCILMEMBER GOMEZ
July 4
• Participated in the Tustin Meadows' parade and carnival
• Thanked the volunteers in Tustin Meadows that make the day such a great
neighborhood event
• Attended the fireworks show at Tustin High; the community seemed to enjoy the
music and the fireworks. Thanked the Parks and Recreation Department for a
great job in planning the event.
July 11
o Attended the Senior Citizens Advisory Council meeting in Yorba Linda
• Discussed Senior Sery who provided over 22,000 meals to seniors in June
with 885 on the home delivery list. Although there are currently 47 people on
the wait list, many requests are received each month so the demand is
continual
• The Orange County Office on Aging provides a wealth of services for seniors
and caregivers. For questions on care for a loved one, contact 800 -510-
2020.
• The Veterans Service Office had approximately 500 visits in June. Veterans
in Orange County are encouraged to take a survey to determine the needs. If
you are a veteran or know one, encourage them to take the survey. Spouses
and partners are also encouraged to take the survey. Veteran's Survey:
www.ocvetsurvev.org
Announced the 4th Annual Orange County Stand Down Event will be September 26th -
28th at the Tustin Army Reserve Center. Services will include medical /dental /vision
exams, legal assistance, mental health & substance abuse counseling, housing
City Council and Successor Agency July 15, 2014
Minutes Page 10 of 13
assistance, employment assistance and many other services. Please visit
www.ocstanddown.org or call 714 547 -0615 for further information.
July 12
o Announced the dental clinic at the senior center was a huge success. Through a
joint effort of the Senior Center and the local Lions Club, about 75 patients
received free dental care.
July 14
o Attended the Tustin Unified School District Board Recognition in honor of the
retirement of Carla Pollenitz who taught at Nelson Elementary for over 25 years.
Announced the Chili Cook -off generated $23,000 to various non - profits. Thanked
volunteers and attendees who helped to raise the money for the community.
COUNCILMEMBER NIELSEN
July 2
o Attended the Orange County Sanitation District Operations Committee meeting
• Approved contracts for clarifier equipment repair, gas line maintenance
repair of biogas pipelines, and approved the final environmental impact
report for the Southwest Costa Mesa Trunk Sewer Project
• Viewed an informational presentation on the Orange County Sanitation
District procurement process; suggested instituting a similar informational
presentation on Tustin's procurement process
• Looked at using $125 million from reserves to reduce the unfunded
liabilities and to reduce debt
July 4
• Attended the Tustin Meadows' Parade; very pleased with the attendance;
thanked all those who participated and volunteered their time, including
Councilmember Gomez
• Attended the Fireworks Extravaganza at Tustin High School; thanked Director
Dave Wilson and the Parks & Recreation staff for the best show in Orange
County
July 9
o Attended the Orange County Sanitation District Administrative Committee
meeting
• Approved and reviewed the investment policy and recommended
refinancing of $135 million in certificates of participation, or bonds, which
will save the Sanitation District over a million dollars
July 14
o Attended the Orange County Sanitation District Legislative and Public Affairs
Committee meeting
City Council and Successor Agency July 15, 2014
Minutes Page 11 of 13
• Approved contracts with Townsend Public Affairs and ENS for legislative
advocacy
• Appointed to the Groundwater Replenishment Systems Steering
Committee and the Santa -Ana Watershed Project Joint Committee
MAYOR PRO TEM PUCKETT
July 4
• Attended the Tustin Meadow's Parade and celebration; it was a fantastic event
• Attended the fireworks presentation at Tustin High School; thanked Dave Wilson
and the Parks & Recreation staff for a great job
July 9
• Attended the Transportation Corridor Agencies Joint -Toll Ad Hoc Committee
meeting
• Attended Concerts in the Park, where the Chili Cook -off Committee gave over
$23,000 to various non - profits; thanked volunteers and attendees who helped to
raise the money for the community
July 11
o Attended the birthday celebration for the 7 -11 convenient store located on
Newport and Walnut
Looking forward to going to Chicago with the Police Department for the Commission on
Accreditation for Law Enforcement Agencies (CALEA) banquet ceremony.
Welcomed several boy scouts in attendance who are working on their Community Merit
Badges.
MAYOR MURRAY
Committee Reports
July 7
o Attended the Orange County Transportation Authority Regional Highways and
Planning committee meeting; discussed project updates and Request For
Proposal (RFP) process
July 9
o Attended the Orange County Fire Authority Budget and Finance meeting;
discussed community risk reduction fee study
City Council and Successor Agency July 15, 2014
Minutes Page 12 of 13
July 11
o Participated in Orange County Fire Authority interviews for executive staff
positions
July 14
o Attended the Orange County Transportation Authority Board meeting; discussed
regional planning update, 91 freeway rehab project, amendments to
management support services and grade separation contracts
July 15
o Chaired the Orange County Fire Authority Fire Chief Ad Hoc Committee meeting;
reviewed the interview fire chief recruiting firms, reviewed proposed timeline for
process, review Visioning Session agenda
City Activities
July 2
o Participated in a Cox cable interview regarding regional committee activities
o Attended Concerts in the Park
July 4
o Participated in the Tustin Meadows parade and attended the Tustin High Fourth
of July celebration
July 9
o Attended Concerts in the Park; proceeds from the Chili Cook -off were distributed
to various non - profits in the community
RECESSED TO CLOSED SESSION — 8:14 p.m.
RECONVENED IN OPEN SESSION — 9:42 p.m.
CLOSED SESSION REPORT — David E. Kendig — No reportable action
ADJOURNED at 9:43 p.m. The next meeting is scheduled for Tuesday, August 5, 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.
City Council and Successor Agency July 15, 2014
Minutes Page 13 of 13