HomeMy WebLinkAbout02 CC MINUTES 10-21-14 Agenda Item 2
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MINUTES OF THE JOINT REGULAR MEETING OF THE
CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
OCTOBER 21, 2014
300 CENTENNIAL WAY, TUSTIN, CA
CLOSED SESSION MEETING
5:30 P.M.
•
CALL TO ORDER— Meeting #2354 at 5:33 p.m.
ATTENDANCE
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
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. LIABILITY CLAIM [Government Code § 54956.95] — Two Cases
1. Claim of Marie Harrison, Claim No. 14-05
•
2. Claim of Ryan Felix, Claim No. 14-22
3. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
[Government Code § 54956.9(d2)] —Two Cases
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code
§ 54956.8] — One Case
City Council and Successor Agency October 21, 2014
Minutes Page 1 of 10
1. Property 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 62, 63,
Address/Description 64, 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
RECESSED — 5:35 p.m.
RECONVEND — 7:03 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 #2354 at 7:03 p.m.
INVOCATION — Pastor Shelly Juskiewicz, Mariners Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Puckett
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 Council unanimously
denied the Claim of Marie Harrison, Claim No. 14-05 and Claim of Ryan Felix, Claim No.
14-22; other than that no reportable action.
City Council and Successor Agency October 21, 2014
Minutes Page 2 of 10
ORAL COMMUNICATION/PUBLIC INPUT
o Phil Osborn
o Harold Katzman
o Gretchen Whisler
o Donna Marsh Peery
PRESENTATION
Dr. Charles Tozzer of Dental Care for Children provided an update on the Tustin Family and
Youth Center Dental Tustin Smiles Clinic and introduced Omar Bajwa and Dave Ceerie
PUBLIC HEARING ITEM NO. 1
1. INTERIM URGENCY ORDINANCE NO. 1451 MASSAGE ESTABLISHMENTS
PowerPoint presentation by Customer Services Supervisor Julie Interante
Adoption of Interim Urgency Ordinance No. 1451 would enact a temporary
moratorium on the approval of massage establishment permits, use permits,
building permits, business licenses and other applicable approvals, licenses,
permits or other entitlements for the establishment, expansion and/or relocation
of any massage establishment in the City of Tustin.
Public hearing opened at 7:27 p.m.
Public hearing closed at 7:28 p.m., with no public input
It was moved by Councilmember Nielsen and seconded by Mayor Murray to
adopt Interim Urgency Ordinance No. 1451 by at least a four-fifths vote.
Motion carried: 5-0
ORDINANCE NO. 1451
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE
SECTION 65858 TEMPORARILY PROHIBITTING THE ESTABLISHMENT OR
EXPANSION OF MASSAGE ESTABLISHMENTS (4/5ths Vote Required)
CONSENT CALENDAR ITEMS 2-5
It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Bernstein to
approve the balance as recommended by staff.
City Council and Successor Agency October 21, 2014
Minutes Page 3 of 10
Motion carried: 5-0
2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY
COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY HELD ON OCTOBER 7, 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 October 7, 2014.
3. 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 $626,468.23 and
Demands in the amount of $3,061,233.06.
4. RESOLUTION MAKING FINDINGS RELATED TO APPROVAL OF THE
SECOND AMENDMENT TO OCFA JOINT POWERS AUTHORITY
AGREEMENT - EQUITY
This item is submitted to request approval of a Resolution by each of the
Orange County Fire Authority's member agencies making findings related to
approval of the Second Amendment to the Amended Joint Powers Authority
(JPA) Agreement seeking to address the equity issue.
Recommendation: Approve and adopt Resolution 14-68 making findings
related to approval of the Second Amendment to the Amended Orange County
Fire Authority Joint Powers Agreement.
RESOLUTION NO. 14-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN MAKING
FINDINGS RELATED TO THE CITY'S PRIOR APPROVAL OF THE ORANGE
COUNTY FIRE AUTHORITY'S SECOND AMENDMENT TO THE AMENDED
JOINT POWERS AUTHORITY AGREEMENT
5. ADOPT RESOLUTION NO. 14-65 TO ACCEPT IMPROVEMENTS FOR THE
TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS (PHASE
3) CIP NO. 40079
Construction of the Traffic Signal Battery Backup System Installations (Phase 3)
CIP No. 40079 has been completed to the satisfaction of the City Engineer and
the project is now ready for City Council acceptance.
City Council and Successor Agency October 21, 2014
Minutes Page 4 of 10
Recommendation: That the City Council:
1. Adopt Resolution No. 14-65 accepting the construction of the Traffic Signal
Battery Backup System Installations (Phase 3) CIP No. 40079; and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the County Recorder's Office.
RESOLUTION NO. 14-65
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 3) CIP 40079
REGULAR BUSINESS ITEMS 6-8
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1448
Ordinance No. 1448 approves Zone Change 2014-002 amending the zoning
designation from Central Commerical (C2) to Public and Institutional (P&I) for a
property located at 450 El Camino Real to accommodate an existing public park
use.
It was moved by Mayor Pro Tem Puckett and seconded by Councilmember
Nielsen to have second reading by title only and adoption of Ordinance No.
1448 (roll call vote).
Motion carried: 5-0 •
ORDINANCE NO. 1448
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING ZONE CHANGE 2014-002 AMENDING THE
ZONING DESIGNATION FROM CENTRAL COMMERCIAL (C2) TO PUBLIC
AND INSTITUTIONAL (P&I) FOR A PROPERTY LOCATED AT 450 EL
CAMINO REAL TO ACCOMMODATE AN EXSITING PUBLIC PARK USE
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1449
Ordinance No. 1449 approves Amendment No. 5 to the East Tustin
Development Agreement (DA 2014-001) between the City of Tustin and The
Irvine Company LLC, to allow the conversion of up to 23,622 square feet of the
former Edwards Theater located at 2982-3030 El Camino Real to a City of
Tustin Community Center and to allow the transfer of development rights of the
City Council and Successor Agency October 21, 2014
Minutes Page 5 of 10
theater space to other potential development sites within the Tustin Market
Place commercial center.
It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem
Puckett to have second reading by title only and adoption of Ordinance No.
1449 (roll call vote).
Motion carried: 5-0
ORDINANCE NO. 1449
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING AMENDMENT #5 TO THE EAST TUSTIN
DEVELOPMENT AGREEMENT (DA 2014-001) BETWEEN THE CITY OF
TUSTIN AND THE IRVINE COMPANY LLC, TO ALLOW THE CONVERSION
OF UP TO 23,622 SQUARE FEET OF THE FORMER EDWARDS THEATER
LOCATED AT 2982-3030 EL CAMINO REAL TO A CITY OF TUSTIN
COMMUNITY CENTER AND TO ALLOW THE TRANSFER OF
DEVELOPMENT RIGHTS OF THE THEATER SPACE TO OTHER POTENTIAL
DEVELOPMENT SITES WITHIN THE TUSTIN MARKET PLACE
COMMERCIAL CENTER
8. TUSTIN COMMUNITY CENTER AT THE MARKET PLACE FACILITY USE
POLICIES AND FEE SCHEDULE
Through Development Agreement 2014-001 that establishes the Tustin
Community Center at the Market Place as a community facility, it is necessary
to formulate Facility Use Policies and a Facility Fee Schedule.
It was moved by Councilmember Bernstein and seconded by Mayor Pro Tern
Puckett to approve the Facility Use Policies and Facility Fee Schedule for the
Tustin Community Center at the Market Place modifying the language, as
recommended by Councilmember Gomez, as follows:
Security Item No. 1
To provide for the safety of your guests as well as the security of property, the
City may require event security to be present at your event.
Mayor Murray appointed Councilmember Nielsen and Councilmember Gomez
to an Ad Hoc Committee to recommend the twelve (12) fee exempt City events
per year for the City Council's consideration.
Motion carried: 5-0
City Council and Successor Agency October 21, 2014
Minutes Page 6 of 10
OTHER BUSINESS/COMMITTEE REPORTS
COUNCILMEMBER BERNSTEIN
October 8
o Attended the Orange County Local Agency Formation Commission meeting
October 15-17
o Attended the Orange County Local Agency Formation Commission conference
October 9
o Attended the Mayor's Business Recognition Luncheon
October 11
o Attended the Irvine Ranch Water District Open House NBC4 event
September 25-26
o Toured the Central Valley for an agricultural tour
October 24-November 2
o Announced the "Courage to Remember ' exhibit will be held at the Tustin Library;
thanked Director of Parks and Recreation Dave Wilson
Provided an updated regarding Proposition 1: Water Bond
COUNCILMEMBER GOMEZ
October 9
o Attended the Mayor's Business Recognition Luncheon; thanked Mayor Murray and
staff who helped organize the event
October 10
o Attended the Senior Advisory Board meeting; provided contact information for the
Office on Aging which maintains a list of flu clinics in Orange County: 800-510-
2020
October 11
o Attended the Dollars for Scholars event; funds were raised for local high schools
October 13
o Honored to be among the former presidents of the Tustin Public School Foundation
that were acknowledged at the Tustin Unified School District Board meeting
October 17
o Tustin Area Senior Center held its annual Resource Fair and Flu Clinic
City Council and Successor Agency October 21, 2014
Minutes Page 7 of 10
October 18
o Attended the Art Walk in Old Town Tustin
Announced the Tustin Area Council for Fine Arts is offering grants for residents within the
TUSD boundaries; due date is early November
Reminded all about the Senior Santa Project which is a joint project between the Senior
Center, Tustin Police Department and the Orange County Adult Services
Reminded all that November 4 is Election Day
Announced she will follow-up on the concerns addressed by Mr. Phil Osborn regarding the
Tustin Library
COUNCILMEMBER NIELSEN
October 8
o Attended the Orange County Sanitation District Administrative Committee meeting
October 9
o Attended the Mayor's Business Recognition Luncheon; congratulated Mayor
Murray
October 11
o Attended the Orange County Boy Scouts of America Board of Directors retreat
October 16
o Attended the Association of California Cities of Orange County City Leader
Reception
October 17
o Attended the Association of California Cities of Orange County Legislative
Committee meeting
o Attended the Orange County Boy Scouts of America "Over the Edge" fundraiser
October 18
o Attended the Art Walk in Old Town Tustin
October 20
o Attended the Orange County Sanitation District Legislative Committee meeting
MAYOR PRO TEM PUCKETT
October 8
o Attended the Tustin Chamber of Commerce breakfast
City Council and Successor Agency October 21, 2014
Minutes Page 8 of 10
o Attended the Transportation Corridor Agencies Joint Toll Ad Hoc Committee
meeting
October 9
o Attended the Transportation Corridor Agencies Board of Directors meeting
o Attended the Mayor's Business Recognition Luncheon
o Attended Hilary Kaye & Associates' 30th Anniversary Gala
October 10
o Attended the Mayor's Prayer Breakfast for the City of Fullerton
Announced the Mayor's Prayer Breakfast for the City of Tustin will be held on November
20, 2014
October 15
o Attended the Aeros Airship dedication event
October 16
o Attended the Association of California Cities of Orange County City Leader
Reception
October 18
o Mended the Art Walk in Old Town Tustin; thanked the volunteers and attendees
MAYOR MURRAY
Committee Reports
October 8
o Attended the Orange County Fire Authority Budget and Finance Committee
meeting
October 9
o Attended the Business Industry Association meeting
October 10
o Attended the Realignment Summit to discuss AB109 hosted by Supervisor Spitzer;
thanked Captain Garavan for representing Tustin
October 10
o Attended the California Firefighter's Memorial Ceremony in Sacramento
October 14
o Attended the Orange County Fire Authority meeting
October 15
o Attended the Association of California Cities of Orange County Board of Directors
City Council and Successor Agency October 21, 2014
Minutes Page 9 of 10
meeting
o Attended the Mayor's Prayer Breakfast for the City of Orange
October 16
o Attended the Orange County Fire Authority Executive Board meeting
October 17
o Attended the Association of California Cities of Orange County Legislative
Committee meeting; keynote speaker was Senator Lou Correa
City Events
October 8
o Attended the Tustin Chamber of Commerce breakfast
October 9
o Attended the Mayor's Business Recognition Luncheon; thanked Regina
Blankenhorn, Katrina Pinyan and especially Stephanie Najera
October 12
o Attended the Orange County Fire Authority Memorial Softball Tournament held in
Tustin
October 15
o Attended the Aeros Airship dedication event
October 18
o Attended the Art Walk in Old Town Tustin
October 20
o Attended the Nelson Elementary TEAM Kids kick-off event
Announced the next Downtown Commercial Core Workshop will be held on December 4;
more information is available on the City's website
Encouraged all to vote on November 4
Reminded all that this is Breast Cancer Awareness Month and distributed pins to his
colleagues at the dais
ADJOURNED at 8:04 p.m. The next meeting is scheduled for Tuesday, November 4,
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 October 21, 2014
Minutes Page 10 of 10