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