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HomeMy WebLinkAbout01 CC MINUTES 5.5.15 Agenda Item 1 Reviewed: City Manager Finance Director N/A MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL WATER MANAGEMENT PLAN WORKSHOP COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN MAY 5, 2015 5:30 P.M. CALL TO ORDER — 5:37 p.m. ATTENDANCE - 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 Others Present: David E. Kendig, City Attorney 1. WORKSHOP TO DISCUSS MODIFICATIONS TO THE WATER MANAGEMENT PLAN TO MEET THE STATE WATER RESOURCES CONTROL BOARD REGULATIONS PowerPoint presentation by Director of Public Works/City Engineer Doug Stack and Water Services Manager Art Valenzuela On April 1, 2015, Governor Brown directed the State Water Resources Control Board (Water Board) to impose restrictions to achieve an aggregate statewide 25% reduction in potable urban water use through February 2016. The specific restrictions and prohibitions on water use in the Executive Order (EOrder) apply to all Californians. The EOrder stipulates the 25% reduction in water use as compared to 2013, but proposes flexibility in how to achieve this reduction in recognition of the level of conservation already achieved by different communities around the state. The Water Board has reviewed previous conservation amounts for each Water Supplier in the state and has determined that Tustin Water Services must reduce potable water consumption by 28% through February 2016. City Council May 5, 2015 Special Meeting Agenda Page 1 of 2 PUBLIC INPUT- 1 . Joan Zousel 2. June Hammerle 3. Jeanne Egasse 4. Dawn Bean 5. Taz Latham 6. Harold Katzman The City Council discussed various options to achieve a 28% Tustin Water Services State Mandatory Conservation Target in potable water use reduction and directed staff to provide a report at the next scheduled Council meeting. ADJOURNED at 6:50 p.m. City Council May 5, 2015 Special Meeting Agenda Page 2 of 2 Agenda Item 1 Reviewed: City Manager ER N/A Finance Director 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 MAY 5, 2015 CLOSED SESSION MEETING 7:00 P.M. CALL TO ORDER – Meeting #2367 INVOCATION – Councilmember Bernstein PLEDGE OF ALLEGIANCE – Councilmember Gomez ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council will convene following the open session. ORAL COMMUNICATION/PUBLIC INPUT – Mary Lepman PRESENTATIONS Mayor Puckett presented a Proclamation to Principal Will Neddersen Red Hill Elementary School in honor of the Great Kindness Challenge Mayor Puckett presented a Certificate of Recognition to Shelby Van Raes and Genevieve Van Nieuwenhuysen for coordinating the Tustin Talent Contest at Pioneer Middle School and a Certificate of Recognition to Chris Hallinan for winning the contest Mayor Puckett presented a Proclamation to Battalian Chief Ron Roberts in recognition of Wildfire Awareness Week: May 3 - May 9 City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Minutes Page 1 of 11 Mayor Puckett presented a Certificate of Recognition to David Han in honor of Student Government Day Chairman of the Tustin Chamber of Commerce Jon Kimbrell provided a PowerPoint presentation regarding “Visit Tustin” RECESSED at 7:36 p.m. RECONVENED at 7:37 p.m. PUBLIC HEARING ITEM NO. 1 1. CONTINUED CODE AMENDMENT 2015-001, SECOND RESIDENTIAL UNITS IN THE CULTURAL RESOURCES DISTRICT The project is a proposed amendment to the Tustin City Code (TCC) that would provide new standards for second residential units in the Cultural Resources (CR) District and prohibit new accessory buildings used as guest quarters in the CR District. On April 21, 2015, the City Council held a public hearing on Code Amendment (CA) 2015-001, continued the item to May 5, 2015, and directed staff to develop a recommended approach to address the issue of parking in the CR District. (Applicant: City of Tustin) Public hearing opened at 7:40 p.m. Public hearing closed at 7:40 p.m., with no public input It was moved by Councilmember Murray and seconded by Mayor Pro Tem Nielsen to: 1. Introduce and have first reading by title only of Ordinance No. 1454, approving CA 2015-001 by amending Article 9 Chapter 2 of the TCC to provide new standards for second residential units in the CR District and prohibit new accessory buildings used as guest quarters in the CR District, and set a second reading for the September 15, 2015 City Council meeting; and 2. Direct staff to take the following actions regarding on-street parking, residential privacy, and illegally converted structures in the CR District: a. Conduct an analysis and workshop to explore solutions to address parking impacts within the CR District; City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Minutes Page 2 of 11 b. During the plan check process, examine ways to respect residential privacy for properties adjacent to any proposed second floor residential project; and, c. Continue to enforce illegally constructed or converted structures. d. Continue to enforce the California Vehicle Code for illegally parked cars obstructing sidewalks, driveways and/or accessible ramps. Motion carried: 5-0 DRAFT ORDINANCE NO. 1454 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTIONS 9252j2(a)(3) AND 9252j2(c) AND AMENDING TUSTIN CITY CODE SECTIONS 9223a7 AND 9223b2 RELATING TO SECOND RESIDENTIAL UNITS IN THE CULTURAL RESOURCE DISTRICT CONSENT CALENDAR ITEMS NO. 2-11 It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem Nielsen to approve the balance as recommended by staff. Motion carried: 5-0 2. APPROVAL OF MINUTES – JOINT REGULAR MEETING OF THE CITY COUNCIL, THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY HELD ON APRIL 21, 2015. Recommendation: That the City Council approve the Action Minutes of the Joint Regular Meeting of the City Council, The Successor Agency to the Tustin Community Redevelopment Agency and Tustin Housing Authority held on April 21, 2015. 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 $626,225.52; and Demands in the amount of $1,095,017.50. 4. CANCELLATION OF MAY 19, 2015 CITY COUNCIL MEETING Due to a lack of quorum, staff recommends cancellation of the May 19, 2015 Regular Joint City Council and Successor Agency to the Tustin Community City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Minutes Page 3 of 11 Redevelopment Agency meeting. To resume consideration of regular items, staff recommends that a Special Joint City Council and Successor Agency to the Tustin Community Redevelopment Agency meeting be scheduled on Wednesday, May 20, 2015. Recommendation: That the City Council direct the City Clerk to post a Notice of Cancellation for the Regular Joint City Council and Successor Agency to the Tustin Community Redevelopment Agency meeting on May 19, 2015 and schedule a Special Joint City Council and Successor Agency to the Tustin Community Redevelopment Agency meeting for Wednesday, May 20, 2015 at 6:00 p.m. 5. 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. Recommendation: That the City Council receive and file this item. 6. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2015-2016 ASSESSMENTS At the February 17, 2015 meeting, the City Council ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report has now been completed and is ready for City Council approval. Additionally, it is requested that the City Council declare its intention to levy annual assessments and set a public hearing for June 2, 2015. Recommendation: That the City Council: 1. Adopt Resolution No. 15-20 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2015-2016; and 2. Adopt Resolution No. 15-21 declaring its intention to levy annual assessments for Fiscal Year 2015-2016 and setting a public hearing for June 2, 2015. RESOLUTION NO. 15-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Minutes Page 4 of 11 FOR FISCAL YEAR 2015-2016 RESOLUTION NO. 15-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2015-2016 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF 7. APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER A PORTION OF CENTENNIAL PARK Southern California Edison (SCE) has determined it to be necessary to replace cables connecting two transformers located on the cul-de-sacs of Ridgeboro Place and Buckingham Place. It is necessary for the City of Tustin to grant an easement to SCE over the City owned Centennial Park property for the installation of conduit and pull boxes and for access and maintenance purposes. Recommendation: That the City Council grant an easement to the Southern California Edison Company over a portion of Parcel 2 of a Parcel Map filed in Book 13, Pages 3 and 4 of Parcel Maps, in the Orange County Recorder's Office, as shown on the attached easement document exhibits for electrical facilities and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 8. AWARD CONTRACT FOR THE CITY HALL HEATING, VENTILATION & AIR CONDITIONING REPLACEMENT (CIP NO. 10032) Staff is requesting that the City Council award the construction contract for the City Hall Heating, Ventilation & Air Conditioning Replacement (CIP No. 10032) to the lowest responsive/responsible bidder. Recommendation: That the City Council award the construction contract for the City Hall Heating, Ventilation & Air Conditioning Replacement CIP No. 10032 to the lowest responsive/responsible bidder, Pardess Air Inc. and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. 9. AWARD OF CONTRACT FOR THE HEATING, VENTILATION, REFRIGERATION AND AIR CONDITIONING SYSTEMS MAINTENANCE AND REPAIR PROGRAM Staff released a Notice Inviting Sealed Proposals for the City's Heating, City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Minutes Page 5 of 11 Ventilation, Refrigeration and Air Conditioning Maintenance and Repair Program and in response received three proposals. After evaluating the proposals, staff recommends awarding the contract for the Heating, Ventilating, Refrigeration and Air Conditioning (HVAC) Systems Maintenance and Repair Program for all City facilities to Air-Ex Air Conditioning. The contract will provide for all HVAC maintenance and repairs for FY 15/16, with an option for additional one-year extensions through June 30, 2020. Recommendation: That the City Council award the Heating, Ventilating, Refrigeration and Air Conditioning Systems Maintenance and Repair Contract, for Fiscal Year 15/16 to Air-Ex Air Conditioning, Inc. in the amount of $51,973.60, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 10. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: That the City Council: Receive and file. REGULAR BUSINESS ITEM NO. 11 11. AMENDMENT OF WASTE DISPOSAL AGREEMENT The City, along with other public agencies in the County, have collectively reached agreement for an amendment to the Waste Disposal Agreement (WDA) to provide for continuation of importation at the County landfills, City allocation of future importation revenues, and to extend terms of the WDA through June 30, 2025. This action will maintain stable disposal rates and continuity of service for residents and businesses while ensuring continued partnership between cities and the county. It was moved by Mayor Pro Tem Puckett and seconded by Councilmember Bernstein to adopt Resolution No. 15-25 amending the Waste Disposal Agreement (WDA) between the County of Orange and City of Tustin to allow for the continued importation of waste at the County's three landfills and to extend the terms of the WDA through June 30, 2025. Motion carried: 5-0 RESOLUTION NO. 15-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Minutes Page 6 of 11 CALIFORNIA APPROVING AN AMENDMENT TO THE 2009 WASTE DISPOSAL AGREEMENT WITH THE COUNTY OF ORANGE OTHER BUSINESS/COMMITTEE REPORTS CITY MANAGER JEFFREY C. PARKER Provided an update regarding AB 1217 COUNCILMEMBER BERNSTEIN April 23 and 30 Attended the Citizen’s Advisory Committee meeting regarding the water desalination plant April 25 Attended the groundbreaking ceremony for the Crime Victims’ Memorial at Mason Regional Park April 29 Attended the Water Advisory Committee meeting April 30 Attended the ground opening for St. Anton Legacy apartments May 1 Attended the Water Advisory Committee meeting May 1 Participated in the California State University Fullerton Student Town Hall meeting o Attended the opening of the Communications Lab o May 2 Attended the Promenade Tour in Old Town Tustin Wished mothers a happy Mother’s Day th Wished his mother a happy 85 birthday; requested to adjourn in her memory COUNCILMEMBER GOMEZ April 24 Spoke at the Columbus Tustin Middle School Career Fair; thanked Stephanie Najera and Katrina Pinyan for assisting with the giveaways City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Minutes Page 7 of 11 April 25 Announced the Community Yard Sale was very well attended and a great success April 26 Attended the Vita-Link STEM and Career Showcase April 30 Attended the ribbon cutting the for Anton Legacy apartments May 2 Attended the Promenade Tour in Old Town Tustin; thanked the property owners and the Historical Society May 2 Attended the Dollars for Scholars Kentucky Derby Fundrasier Wished everyone a happy Mother’s Day th Wished her brother a happy 70 birthday Congratulated her brother-in-law on his recent retirement from the Los Angeles County Fire Department Announced the Annual Senior Expo is scheduled for July 24 in Laguna Woods COUNCILMEMBER MURRAY April 22 Attended the Orange County Transportation Authority Finance Committee meeting o Attended the Association of Calfornia Cities of Orange County Board of Directors o meeting April 23 Attended the Orange County Transportation Authority Transit Committee meeting o Attended the Orange County Fire Authority Board of Directors meeting o April 24 Attended the Association of Calfornia Cities of Orange County Legislative and Regulatory meeting April 27 Attended the Orange County Transportation Authority Board of Directors meeting April 28 Attended the Vanguard University Veterans Challenge Coin Ceremony and Graduation City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Minutes Page 8 of 11 April 29 Attended the Association of California Cities of Orange County meeting; presentation by Orange County Water District regarding groundwater cleanup projects May 4 Attended the Orange County Transportation Authority Executive Committee meeting April 26 Attended the Blue Buoy Swim School Safer 3 Safety Challenge April 30 Attended the grand opening of the St. Anton Legacy Affordable Housing o Apartments Announced the Association of California Cities of Orange County hosts a City o Square Radio Program and podcast presentation May 2 Attended the 2015 Old Town Tustin Promenade Home and Garden Tour May 5 Wished all a happy Cinco De Mayo; thanked the Tustin Family Youth Center for hosting an event Congratulated Mayor Pro Tem Nielsen for receiving the 2014 Boy Scouts of America National Eagle Scout Award Wished a happy Mother's Day to all the moms MAYOR PRO TEM NIELSEN April 22 Attended the Orange County Sanitation District Steering Committee meeting Thanked Councilmember Murray for acknowledging his award; honored to be recognized April 29 Attended Coffee with a Cop at the Coffee Grinder April 30 Attended the grand opening of the St. Anton Legacy Affordable Housing Apartments May 2 Attended the 2015 Old Town Tustin Promenade Home and Garden Tour May 3 Announced his wedding anniversary; thanked his wife City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Minutes Page 9 of 11 MAYOR PUCKETT April 26 Attended the Blue Buoy Swim School Safer 3 Safety Challenge Attended the Transportation Corridor Agency Ad Hoc Committee meeting Attended the 2014 Boy Scouts of America National Eagle Scout Award dinner where Mayor Pro Tem Nielsen was recognized Pleased with the outcome of Student Government Day Announced he will participate in the exit interview at Fullerton Hills School April 30 Attended the grand opening of the St. Anton Legacy Affordable Housing Apartments Wished Ms. Bernstein a happy birthday Wish all a happy Mother’s Day RECESSED TO CLOSED SESSION – 8:11 p.m. CLOSED SESSION MEETING (Following the Regular City Council Meeting) 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 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 Council/Successor Agency/Housing Authority May 5, 2015 Meeting Minutes Page 10 of 11 City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Dr. Gregory Franklin, Superintendent Under Negotiation Price and Terms of Payment 4. LABOR NEGOTIATIONS \[Government Code Section 54957.6\] Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association – Management Unit (TPMA) Employee Organization: Tustin Police Officers Association – Officer Unit (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employees Employee Organization: Unrepresented Executive Management and Management Employees Employee Organization: Unrepresented Part-Time Employees RECONVENED IN OPEN SESSION - 10:00 p.m. CLOSED SESSION REPORT –City Attorney David E. Kendig: The City Council took no reportable action. ADJOURNED IN HONOR OF MS. BERNSTEIN ADJOURNED at 10:01 p.m. The next meeting is scheduled for Wednesday, May 20, 2015 for the Special City Council Meeting at 6:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Successor Agency/Housing Authority May 5, 2015 Meeting Minutes Page 11 of 11