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Home My WebLink About01 CC MINUTES 12.02.14Agenda Item 1 Reviewed: City Manager Finance Director N/A MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN, CA DECEMBER 2, 2014 6:30 P.M. CALL TO ORDER at 6:37 p.m. ORAL COMMUNICATION /PUBLIC INPUT — None ROLL CALL — City Clerk Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen Councilmember Rebecca "Beckie" Gomez and Dr. Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney DECLARING RESULTS OF NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTION On November 4, 2014, the City's General Municipal Election was held to elect two Members of the City Council and to cast ballots regarding Measure HH (Shall an ordinance amending the Tustin Municipal Code to increase the Uniform Transient Occupancy Tax from 6% to 10% and to clarify the scope and manner in which the Uniform Transient Occupancy Tax applies be adopted to help preserve general City services such as police and fire protection, street operations and maintenance, and parks and recreation services ?). The Orange County Registrar of Voters has certified the results of that election. It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Bernstein to adopt Resolution No. 14 -79 declaring the results and other such matters as provided by law for the November 4, 2014 General Municipal Election. RESOLUTION NO. 14 -79 City Council December 2, 2014 Special Meeting Minutes Page 1 of 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014, AND OTHER SUCH MATTERS AS PROVIDED BY LAW INITIATIVE ORDINANCE NO. 1453 AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 2702 AND 2703 OF CHAPTER 7 OF ARTICLE 2 OF THE TUSTIN CITY CODE CONCERNING THE UNIFORM TRANSIENT OCCUPANCY TAX OATHS OF OFFICE - Oath of Office was administered to Al Murray and Rebecca Gomez by Erica N. Rabe, City Clerk Services Supervisor ADJOURNED at 6:42 p.m. City Council December 2, 2014 Special Meeting Minutes Page 2 of 2 Agenda Item 1 Reviewed: City Manager lce__ Finance Director N/A MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 CENTENNIAL WAY, TUSTIN, CA CLOSED SESSION MEETING DECEMBER 16, 2014 7:00 P.M. CALL TO ORDER — Meeting #2357 at 7:16 p.m. INVOCATION — Pastor Dane Counts PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE — Tustin Police Department ROLL CALL — City Clerk Present: Mayor AI Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen Councilmember Rebecca "Beckie" Gomez and Dr. Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney ORAL COMMUNICATION /PUBLIC INPUT — o Supervisor Todd Spitzer • Cody Eckert, Senator Mimi Walters office • Sam Han, Assemblyman Don Wagner's office • Susan Latham • Izabel Rolince • Rachel Xue • Ella Chang • Amanda Knitter • Erin Nielsen City Council, Successor Agency and Housing Authority December 2, 2014 Minutes Page 1 of 9 — 7:40 p.m. RECONVENED — 7:46 p.m. PRESENTATIONS • Mayor Murray presented Awareness Month • Mayor Murray provided Accomplishments PUBLIC HEARING ITEMS 1 -2 a Proclamation in recognition of Safe Toys and Gifts a PowerPoint presentation regarding his 2014 VEHICLE REPLACEMENT GRANT FOR ENHANCED MOBILITY OF SENIOR CITIZENS The Parks and Recreation Services Department is seeking authorization to submit an application to the California Department of Transportation for Federal Transit Administration (FTA) Section 5310 Elderly and Disabled Specialized Transportation Program funds to be used for a replacement sixteen (16) passenger van for the Tustin Area Senior Center's Transportation Program. Public hearing opened at 8:01 p.m. Public hearing closed at 8:01 p.m., with no public comments It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen that City Council: Adopt Resolution 14 -76 which authorizes staff to apply for a Section 5310 grant funds to be used for a replacement sixteen (16) passenger bus for the Senior Center Transportation Program and finds that there is no non - profit agency readily available to provide paratransit services for the elderly and disabled in the Tustin Area. 2. Adopt Resolution 14 -77 which authorizes the Director of Parks and Recreation Services to execute all documents related to the Section 5310 grant application. Motion carried: 5 -0 RESOLUTION NO. 14-76 City Council, Successor Agency and Housing Authority December 2, 2014 Minutes Page 2 of 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING STAFF TO APPLY TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR A FEDERAL TRANSIT ADMINISTRATION SECTION 5310 PROGRAM GRANT RESOLUTION NO. 14 -77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING EXECUTION OF DOCUMENTS REQUIRED BY CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDS AVAILABLE FOR CAPITAL TRANSPORTATION PROJECTS PURSUANT TO SECTION 5310 OF THE FEDERAL TRANSIT ACT. 2. INTERIM URGENCY ORDINANCE NO. 1452 MASSAGE ESTABLISHMENTS Ordinance No. 1452 is an interim urgency measure that would extend the effective term of Interim Urgency Ordinance No. 1451. The City Council approved Ordinance No. 1451 on October 21, 2014 to enact a 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 for a period of forty -five (45) days. On November 18, 2014, the City Council received and filed a written report describing the measures taken by the City to address the conditions which led to the adoption of Interim Urgency Ordinance No. 1451, as required by Government Code Section 65858(d). Pursuant to Government Code Section 65858, the moratorium may now be extended for a period of ten months and fifteen days. Together with Ordinance No. 1451, the total effective period of Ordinance 1452, if approved, would be one year. Public hearing opened at 8:02 p.m. Public hearing closed at 8:02 p.m., with no public comments It was moved by Councilmember Nielsen and seconded by Mayor Pro Tem Puckett that City Council adopt Interim Urgency Ordinance No. 1452 by title only and at least a four -fifths vote. Motion carried: 5 -0 ORDINANCE NO. 1452 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS THE EFFECTIVENESS OF INTERIM URGENCY ORDINANCE NO. 1451, PROHIBITING THE ESTABLISHMENT OR EXPANSION OF MASSAGE ESTABLISHMENTS (4 /5ths Vote Required) CONSENT CALENDAR ITEMS 3 -6 City Council, Successor Agency and Housing Authority December 2, 2014 Minutes Page 3 of 9 It was moved by Mayor Murray and seconded by Councilmember Gomez to approve the balance as recommended by staff. City Attorney David E. Kendig clarified the approval of the action minutes (Item No. 3) was for the meeting held on November 18, 2014. Motion carried: 5 -0 3. APPROVAL OF MINUTES — JOINT REGULAR MEETING AND SPECIAL MEETING OF THE CITY COUNCIL, THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD ON NOVEMBER 18, 2014 Recommendation: That the City Council approve the Action Minutes of the Joint Regular Meeting and Special Meeting of the City Council, the Successor Agency to the Tustin Community Redevelopment Agency and Housing Authority held on November 18, 2014. 4. 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 $652,965.77 and Demands in the amount of $1,368,200.07. 5. FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT WITH STC ONE LLC FOR EXISTING WIRELESS FACILITIES AT TUSTIN SPORTS PARK (12850 ROBINSON DRIVE) First Amendment to Communications Site License Agreement between the City of Tustin and STC One LLC. The Amendment would allow STC One LLC to make additional improvements to an existing Communications Site as described in Exhibit A of the attachment. Recommendation: That the City Council take the following actions: 1. Approve the attached First Amendment to Communications Site License Agreement with STC One LLC; and 2. Authorize the City Manager to execute this First Amendment. 6. AWARD OF BID FOR THE CENTENNIAL PARK ENTRY PLAYGROUNDS City Council, Successor Agency and Housing Authority December 2, 2014 Minutes Page 4 of 9 AND LAUREL GLEN PAR COURSE RENOVATIONS (CIP NO. 20075) The bid opening for the Centennial Park Entry Playgrounds and Laurel Glen Par Course Renovations project was held on November 10, 2014. The renovation of both the Centennial Park Entry Playgrounds and the Laurel Glen Par Course stations were identified by the Community Services Commission as the next two projects to be completed on their seven -year Capital Improvement Project Priority List. Recommendation: Staff recommends that City Council award the construction contract to ACE CD, Inc. of Glendora, California, in the amount of $320,044.45 subject to the approval of contract requirements by the City Attorney and final execution of the contract. OATHS OF OFFICE Oath of Office administered to Al Murray by Karen L. Robinson, Orange County Superior Court Judge Oath of Office administered to Rebecca ' Beckie" Gomez by Cindi Burke, accompanied by John McKeon REGULAR BUSINESS ITEM 7 7. MAYOR AND MAYOR PRO TEM SELECTION The City Council selects those members of the Council who will serve as Mayor and Mayor Pro Tem for the following year. It was moved by Mayor Murray and seconded by Councilmember Nielsen to nominate Chuck Puckett as Mayor. Motion carried 5 -0 It was moved by Councilmember Bernstein and seconded by Councilmember Murray to nominate John Nielsen as Mayor Pro Tem. Motion carried 5 -0 OTHER BUSINESS /COMMITTEE REPORTS CITY MANAGER JEFFREY C. PARKER Congratulated Al Murray and Beckie Gomez on being re- elected City Council, Successor Agency and Housing Authority December 2, 2014 Minutes Page 5 of 9 Congratulated Chuck Puckett on his appointment as Mayor and John Nielsen on his appointment as Mayor Pro Tern CITY ATTORNEY DAVID E. KENDIG Congratulated Al Murray and Beckie Gomez on being re- elected Congratulated Chuck Puckett on his appointment as Mayor and John Nielsen on his appointment as Mayor Pro Tem COUNCILMEMBER BERNSTEIN Attended the Newport Bay Watershed Executive Committee meeting November 20 o Attended the Orange County Vector Control District meeting; an exhibit is planned to open next year at the Discovery Science Center November 21 o Met with the Poseidon Company to discuss water policy November 27 c Celebrated Thanksgiving o Participated in Operation Warm Wishes; coordinated by TyRon Jackson Wished all a belated Happy Thanksgiving Wished a belated Happy Birthday to Mrs. Randi Bernstein Congratulated Al Murray and Beckie Gomez on their re- election Congratulated John Nielsen for appointment as Mayor Pro Tern and Chuck Puckett for appointment as Mayor Thanked staff for providing input COUNCILMEMBER GOMEZ Deferred reports to the next meeting City Council, Successor Agency and Housing Authority December 2, 2014 Minutes Page 6 of 9 COUNCILMEMBER MURRAY Committee Reports November 19 o Attended the Association of California Cities of Orange County Board of Directors meeting November 20 o Attended the Orange County Transportation Authority Legislation and Communications Committee meeting Attended the Orange County Fire Authority Executive and Board of Directors meeting; confirmed appointment of Chief Jeff Bowman November 24 o Attended the Orange County Transportation Authority Board of Directors meeting City Activities November 19 o Wished Milton Weiss a happy 100th birthday and presented him a Certificate from the City Council and welcomed him to the Tustin Centurion Club Attended the first Chili Cookoff & Street Fair meeting; co- chaired by Donna Peery and Marilyn Buescher November 20 o Attended the Mayor's Thanksgiving Prayer Breakfast hosted by the Tustin Community Foundation o Attended the grand opening of Irvine Company Amalfi Apartments at the Legacy November 24 o Hosted a discussion with students involved with Jack and Jill of America and City Executive staff; student participants fulfill their leadership component and learn about a career in municipal government November 27 o Served food at the Orange County Rescue Mission with President Jim Palmer November 26 o Attended the Family Youth Center where dinners were distributed to the Tustin community City Council, Successor Agency and Housing Authority December 2, 2014 Minutes Page 7 of 9 Met with three high school students who are starting a new program called Service Expo Announced the Murray family continued their annual tradition on Thanksgiving Announced TyRon Jackson held a successful Thanksgiving event at Peppertree Park Thanked City staff, City Council colleagues Thanked Executive Coordinator Regina Blankenhorn and Administrative Assistant Katrina Pinyan for coordinating his schedule Thanked Management Analyst Stephanie Najera for her hard work in planning city events and speeches Thanked City Clerk Services Supervisor Erica Rabe and Management Assistant Melissa Johnson Thanked City Manager Jeffrey C. Parker Thanked Jerry Amante and Doug Davert Thanked the Tustin Unified School District and Dr. Gregory Franklin MAYOR PRO TEM NIELSEN Attended two Orange County Sanitation District Committee meetings Attended the Association of California Cities of Orange County Energy Environment Committee meeting Announced the Orange County Rescue Mission Turkey Trot event was very successful; thanked Jim Palmer, President of the Orange County Rescue Mission Announced TyRon Jackson's Thanksgiving event was very successful; thanked TyRon Thanked Council colleagues for their support and congratulated Mayor Puckett MAYOR PUCKETT Announced one goal as Mayor is to reduce the time spent during Council comments by focusing on committee reports directly related to City business Thanked his wife Donna for her support Introduced his family City Council, Successor Agency and Housing Authority December 2, 2014 Minutes Page 8 of 9 Announced he would like to have the lights in Old Town on year round Visited China and would like to explore the opportunity of establishing a friendship city in China Announced the Christmas tree lighting will be held on Friday, December 6 at 6:00 p.m. Announced he is honored to be selected as Mayor ADJOURNED at 8:27 p.m. The next meeting is scheduled for Tuesday, December 16, 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, Successor Agency and Housing Authority December 2, 2014 Minutes Page 9 of 9