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Home My WebLink AboutCC MINUTES 03-03-15 MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN MARCH 3, 2015 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2363 at 5:33 p.m. ATTENDANCE Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tem John Nielsen and Councilmembers Rebecca "Beckie" Gomez and Al Murray Absent: Councilmember Dr. Allan Bernstein 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(d4)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] —Two Cases 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code § 54956.9(a)] — One Case 1. Successor Agency to the Tustin Redevelopment Agency, et al. v. Michael Cohen: Case No. 34-2013- 80001623CUWMGDS; Appellate Court Case No. C076836 City Council and Successor Agency March 3, 2015 Minutes Page 1 of 9 4. LIABILITY CLAIMS [Government Code § 54956.95] —Three Cases 1. Claim of Sara Barba, Claim No. 14-26 2. Claim of Joseph Lujan, Claim No. 15-02 3. Claim of Rudy Gomez, Claim No. 15-04 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — One Case 1. Property 430-391-12, 430-391-09, and 430-391-03 Address/Description Agency City of Tustin City Negotiators Jeffrey Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Dr. Gregory Franklin, Superintendent Under Negotiation Price and Terms of Payment RECESSED at 5:33 p.m. Councilmember Dr. Allan Bernstein arrived at 5:34 p.m. RECONVENED at 7:07 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 #2363 at 7:07 p.m. INVOCATION — Reverend Dr. David Laughray, Saddleback Chapel PLEDGE OF ALLEGIANCE — Councilmember Dr. Allan Bernstein ROLL CALL — City Clerk Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tern John Nielsen and Councilmembers Rebecca "Beckie" Gomez, Al Murray and Dr. Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk City Council and Successor Agency March 3, 2015 Minutes Page 2 of 9 Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council unanimously denied the following claims: Claim of Sara Barba, Claim No. 14-26, Claim of Joseph Lujan, Claim No. 15-02 and Claim of Rudy Gomez, Claim No. 15-04; other than that, no reportable action. ORAL COMMUNICATION/PUBLIC INPUT o Neah Lekan o Julie Hudash o Haylee Forster o Marc Trent PRESENTATION o Waste Not OC — Eric Handler, Deputy Agency Director Orange County Health Care Agency and Mike Learakos, President of TJM, Inc./Katella Grill CONSENT CALENDAR ITEMS NO. 1-5 It was moved by Councilmember Murray and seconded by Councilmember Bernstein to pull Item No. 4 and approve the balance 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 ON FEBRUARY 17, 2015. 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 February 17, 2015. 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 $623,145.35; and City Council and Successor Agency March 3, 2015 Minutes Page 3 of 9 Demands in the amount of $1,337,938.22. 3. 2014 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION MONITORING STATUS REPORT FOR FEIS/EIR FOR MCAS TUSTIN SPECIFIC PLAN The California Government Code requires that the Planning Commission provide an annual progress report to the City Council on the status of the City's General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing development, maintenance, and improvement. In addition, the City Council certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of MCAS Tustin along with its Supplemental and Addendums. The FEIS/EIR evaluated the environmental impacts of the reuse and disposal of MCAS-Tustin, which included the adoption of a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEOA Guidelines Section 15097. The MMRP requires annual review to ensure compliance with required mitigations. On February 24, 2015, the Planning Commission reviewed the General Plan Annual Report and Annual Mitigation Monitoring Status Report and authorized staff to forward the reports to the City Council. With Council authorization, staff will forward the General Plan Annual Report to the State Office of Planning and Research and the State Department of Housing and Community Development (HCD) in fulfillment of the State's requirement, and receive and file the Annual Mitigation Monitoring Status Report. Recommendation: That the City Council: 1. Authorize staff to forward the General Plan Annual Report to the State Office of Planning and Research and the State Department of Housing and Community Development; and 2. Receive and file the Annual Mitigation Monitoring Status Report and authorize staff to submit a subsequent report when considerable and significant activities occur. 4. RENAME THE FUTURE 31.5 ACRE TUSTIN LEGACY PARK At the February 3, 2015, City Council meeting, the Council directed staff to work with the Community Services Commission to evaluate and clarify possible park names for the future 31.5 acre park site and provide two to three names for consideration at a future meeting. It was moved by Councilmember Gomez and seconded by Mayor Pro Tem City Council and Successor Agency March 3, 2015 Minutes Page 4 of 9 Nielsen to approve the Community Services Commission's recommendation and rename Tustin Legacy Park - Veterans Sports Park at Tustin Legacy. Motion carried: 5-0 5. ADOPT RESOLUTION 15-11 TO APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CITY HALL HVAC REPLACEMENT (CIP 10032) The plans and specifications for the City Hall HVAC Replacement (CIP 10032) have been prepared and the project is ready to be bid. Recommendation: That the City Council: 1. Adopt Resolution No. 15-11 approving plans and specifications for the City Hall HVAC Replacement (CIP 10032), and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 15-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR CITY HALL HVAC REPLACEMENT (CIP 10032) REGULAR BUSINESS ITEM NO. 6 6. WATER DEPOSIT POLICY AND ADOPTION OF RESOLUTION NO. 15-10 PowerPoint presentation by Customer Service Supervisor Julie Interrante The adoption of Resolution No. 15-10 will establish a comprehensive policy governing required customer deposits associated with applications for new or continued water service. The proposed City of Tustin Water Department Deposit Policy will establish criteria for determining deposit amounts based on customer credit risk and will replace the uniform deposit amount currently set forth in the City's Comprehensive Schedule of Fees. It was moved by Councilmember Bernstein and seconded by Councilmember Murray to adopt Resolution No. 15-10 adopting a City of Tustin Water Department Deposit Policy governing required customer deposits associated with applications for new or continued water service from the City of Tustin, replacing the deposit requirements set forth in the City's Comprehensive Schedule of Fees. Motion carried: 5-0 City Council and Successor Agency March 3, 2015 Minutes Page 5 of 9 • RESOLUTION NO. 15-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A CITY OF TUSTIN WATER DEPARTMENT DEPOSIT POLICY IN CONJUNCTION WITH REQUESTS FOR WATER SERVICE OTHER BUSINESS/COMMITTEE REPORTS COUNCILMEMBER BERNSTEIN Attended the Association of California Cities of Orange County and Orange County Business Council Advocacy Trip to Sacramento Attended the Collaborative Services Summit of the Orange County Local Agency Formation Commission Attended the Orange County Vector Control meeting; discussed the West Nile virus Attended the ribbon cutting for Bronx Sandwich Company Walked a precinct supporting Assembly Member Don Wagner's Senate Race; appreciated positive comments from Tustin residents regarding the current Council Reminded all that Casino Night will be held at the Senior Center on Friday, March 6, 2015 Reminded all that the Miss Tustin Scholarship Pageant will be held on Saturday, March 7, 2015 Provided an update regarding the drought and water conservation methods Thanked staff for excellent reports COUNCILMEMBER GOMEZ February 20 o Attended the Orange County Leadership Forum on Aging; presentation by Dr. Helen Calvet, Alzheimer's Association and Senior Sery o Discussed The Older Americans Act February 23 o Attended the Senior Citizens Advisory Council Legislative Committee meeting; discussed end-of-life decisions February 28 o Toured the Standard Pacific development site City Council and Successor Agency March 3, 2015 Minutes Page 6 of 9 Reminded all that tax assistance is available to low to moderate income tax payers, sixty years or older; list of tax preparation sites is available from the Office on Aging — contact 800-510-2020 for more information Announced that Casino Night will be held at the Senior Center on Friday, March 6, 2015 at 7:00 p.m. COUNCILMEMBER MURRAY February 19 o Attended the Police Department promotional ceremony; congratulated Lieutenant Greene, Sergeant Matt Nunley and the new parking control officers March 2 o Attended the Read Across America event at daughter Emily's school - Ladera Elementary; read "Puff the Magic Dragon" March 3 o Attended the Team Kids kick off event at Heideman Elementary February 17-20 o Attended the Orange County Fire Authority Assessment Center for the Battalion Chief testing process February 21 o Attended the Orange County Transportation Authority Lunar event at the Irvine Metrolink Station with Chair Lalloway February 23-24 o Attended the Orange County Business Council Sacramento Advocacy Trip; met with Governor Brown and Lieutenant Governor Newsom regarding base reuse legislation; veterans housing, managed lanes transportation policy and funding and wild fire funding February 26 o Attended the Orange County Fire Authority Board meeting; discussed augmenting the helicopter program with pilot program of 24 hour coverage Reminded all that the Miss Tustin Scholarship Pageant will be held on Saturday, March 7, 2015 Encouraged all to vote at the Special Election on March 17, 2015 Reminded all about the Leprechaun Leap which will be held on March 15, 2015 Congratulated daughter Lily for Beckman High School's waterpolo season; apologized for not being able to attend the dinner which is the same time as the City Council City Council and Successor Agency March 3, 2015 Minutes Page 7 of 9 meeting 111MAYOR PRO TEM NIELSEN February 19 o Attended the Tustin Chamber Mixer at the Black Marlin February 24 o Attended the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency meeting February 25 • o Attended the Orange County Sanitation District Steering Committee meeting o Attended the Orange County Sanitation District Board of Directors meeting Recommended the Bronx Sandwich Company Reminded all that the Miss Tustin Scholarship Pageant will be held on Saturday, March 7, 2015 MAYOR PUCKETT February 19 o Attended the Police Department promotional ceremony; congratulated Lieutenant Greene, Sergeant Matt Nunley and the new parking control officers Attended the Orange County Business Council Board of Directors installation Toured the Standard Pacific development site Attended the Transporation Corridor Agencies Capital Improvements Ad Hoc Committee meeting Attended the ribbon cutting for Bronx Sandwich Company Congratualted the Tustin Community Foundation for a succesfful Sip, Swirl, and Twirl event Announced he will be in attendance at the Miss Tustin Scholarship Pageant which will be held on Saturday, March 7, 2015 ADJOURNED at 7:55 p.m. The next meeting is scheduled for Tuesday, March 17, 2015 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 March 3, 2015 Minutes Page 8 of 9 • its CHARLES E. PUCKETT, JE' ��r'E C. PARKER, Mayor Ci y I ler City Council and Successor Agency March 3, 2015 Minutes Page 9 of 9