HomeMy WebLinkAbout04 CC MINUTES 5-20-15 Agenda Item 4
Reviewed:
City Manager £f--
Finance Director N/A
MINUTES OF THE
JOINT SPECIAL MEETING OF THE
CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
MAY 20, 2015
6:00 P.M.
CALL TO ORDER — Meeting #2368 at 6:07 p.m.
INVOCATION — Councilmember Murray
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Nielsen
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
Others Present: David E. Kendig, City Attorney
ORAL COMMUNICATION/PUBLIC INPUT — None
PRESENTATION
Mayor Puckett presented a Proclamation to Director of Public Works/City Engineer Doug
Stack in honor of 2015 National Public Works Week.
CONSENT CALENDAR ITEMS 1-5
It was moved by Councilmember Bernstein and seconded by Mayor Pro Tern Nielsen to
City Council and Successor Agency May 20, 2015
Special Meeting Minutes Page 1 of 10
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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 MAY 5, 2015 AND THE SPECIAL
MEETING OF THE CITY COUNCIL (WATER MANAGEMENT PLAN
WORKSHOP) HELD ON MAY 5, 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 May 5, 2015 and the Special
Meeting of the City Council (Water Management Plan Workshop) held on May
5, 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 $669,211.60; and
Demands in the amount of $1,624,613.47.
3. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
ADVERTISEMENT FOR BIDS FOR THE EDINGER AVENUE WELL - PHASE
II EQUIPPING PROJECT CIP NO. 60165
The plans and specifications for the Edinger Avenue Well - Phase II Equipping
Project CIP No. 60165 have been prepared and the project is now ready to be
bid.
Recommendation: Adopt Resolution No. 15-17 approving the plans and
specifications for the Edinger Avenue Well - Phase II Equipping Project CIP
60165 and authorize the City Clerk to advertise to receive bid.
RESOLUTION NO. 15-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE
EDINGER AVENUE WELL - PHASE II EQUIPPING PROJECT CIP NO. 60165
AND AUTHORIZING ADVERTISEMENT FOR BIDS
4. FIRST READING OF ORDINANCE NO. 1455 TO AMEND CITY CODE
SECTION 5331n BY ESTABLISHING PREFERENTIAL PERMIT ONLY
City Council and Successor Agency May 20, 2015
Special Meeting Minutes Page 2 of 10
PARKING ON CARFAX AVENUE, UTT DRIVE, WOODLAWN AVENUE,
CHARLOMA DRIVE, MITCHELL AVENUE AND VEEH DRIVE
PowerPoint presentation by Public Works Manager Krys Saldivar
Some residents in the neighborhood bounded by Carfax Avenue, Mitchell
Avenue, Utt Drive and Nisson Road have expressed concerns regarding
overnight parking of non-resident vehicles on their streets, along with
associated trash and night time activities. In order to mitigate these issues they
have requested permit parking. Night time parking surveys were performed on
these streets to determine the extent of non-resident parking. Six streets are
included in this recommendation for establishment of permit parking in order to
provide consistency throughout the neighborhood.
Public Input:
1. Chris Terry
2. Duncan Millar •
3. Don Morner
4. Miriam Escobedo
5. Shreen Ghaleb
6. Burt Wiest
7. Cynthia Pham
8. Krushn Kant
9. Martha Bargas
10.Merilyn Andre
11.Sharon Rauschkolb
12.Elizabeth Scharff
13.Patricia Clarke
14.T. Tran
15.Luz Estada
16.Eddie Small
17.Simon Meza
18.Brittany Clarke
It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember
Murray that the City Council introduce and have the first reading by title only of
Ordinance No. 1455 to establish preferential permit only parking on Carfax
Avenue and Utt Drive between Mitchell Avenue and Nisson Road; on Woodlawn
Avenue and Charloma Drive between Veeh Drive and Nisson Road; on the
north side of Mitchell Avenue between Carfax Avenue and Utt Drive; and on
Veeh Drive, continue to monitor and review traffic engineering for safety and set
the second reading for the Council's next scheduled meeting.
Motion carried: 5-0
ORDINANCE 1455
City Council and Successor Agency May 20, 2015
Special Meeting Minutes Page 3 of 10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n
REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY
5. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
Quarterly Report for the fourth quarter of 2014. The average noise level
measured at Tustin's monitoring station (NMS 10N), located at Columbus Tustin
Middle School on Beneta Way (Figure 1), remained consistent with prior
quarters during this fourth quarter reporting period; however, noise level data
was unavailable for a majority of the month of December due to technical
difficulties with the monitoring equipment at this site. Average noise levels
during the fourth quarter were well below the City, County, and State criteria of
65 dB Community Noise Equivalent Level (CNEL) for residential uses.
Recommendation: That the City Council receive and file this report.
Recessed at 7:24 p.m.
Reconvened at 7:37 p.m.
REGULAR BUSINESS ITEMS 6-8
6. TUSTIN GATEWAY HOTEL AND RETAIL DEVELOPMENT - 3rd
AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (DDA)
Approval is requested to amend the DDA with Tustin Retail SPE, LLC (Retail
Developer) and Olson Real Estate Group (Olson), collectively known as the
Developer to obtain from the City a Certificate of Compliance for the retail
parcels located within the Tustin Gateway Project.
It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem
Nielsen that the City Council authorize the City Manager to execute Amendment
No. 3 to the Disposition and Development Agreement (DDA) between the City
of Tustin and the Developer, Tustin Retail SPE, LLC and Olson Real Estate
Group.
Motion carried: 5-0
7. ADOPTION OF URGENCY ORDINANCE NO. 1457 TO ADD CHAPTER 10 TO
ARTICLE 4 OF THE TUSTIN CITY CODE REVISING THE WATER
MANAGEMENT PLAN TO ACHIEVE A 28% STATE MANDATORY
CONSERVATION TARGET, AND CONDUCT FIRST READING OF REGULAR
ORDINANCE 1457
On April 1, 2015, Governor Brown directed the State Water Resources Control
City Council and Successor Agency May 20, 2015
Special Meeting Minutes Page 4 of 10
Board (Water Board) to impose restrictions to achieve an aggregate statewide
25% reduction in potable urban water use through February 2016. The
Executive Order 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.
Public Input:
1. Dan and Diane Guth
2. Dennis Daft
3. David Bush
It was moved by Councilmember Murray and seconded by Councilmember
Bernstein that the City Council:
1. Adopt by a 4/5ths roll call vote Ordinance No. 1457 on an urgency basis
to add Chapter 10 of Article 4 to the Tustin City Code, revising the City's
Water Management Plan; and
2. Conduct the first reading by title only of Ordinance 1457 and direct staff
to schedule a public hearing at the next regular meeting of the City
Council for second reading and adoption.
Motion carried: 5-0
ORDINANCE NO. 1457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING AND DETERMINING THE NECESSITY FOR AND
AMENDING THE WATER MANAGEMENT PLAN
8. PROPOSED BIANNUAL PROGRAM AND FINANCIAL PLAN FOR FISCAL
YEARS 2015-16 AND 2016-17 AND CAPITAL IMPROVEMENT PROGRAM
Powerpoint Presentation by Administrative Services Manager Sean Tran and
City Manager Jeffrey C. Parker
This is the first two-year budget for the City of Tustin as part of our strategic
plan to enhance our financial sustainability. Staff proposed a revised budget
to improve our financial projections and to focus on programs essential to
providing quality services to our community. Transmitted herewith are the
proposed Biannual Program and Financial Plan and Capital Improvement
Program for Fiscal Years 2015-16 and 2016-17. The Program and Financial
Plan is the operating budget for all City services. The Capital Improvement
Program includes projects for fiscal year 2015-16 and projects programmed
City Council and Successor Agency May 20, 2015
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for a seven-year period.
OTHER BUSINESS/COMMITTEE REPORTS
COUNCILMEMBER BERNSTEIN
Attended the Orange County Government Leaders' Prayer Breakfast
Attended the Mother's Day Luncheon at the Senior Center
Attended the Sustainability Community Management conference
Attended the Orange County Local Agency Formation Commission meeting
Chaired the Association of California Cities of Orange County Water Commmitte meeting
Attended the Orange County Water District meeting; the Board of Directors approved the
Term Sheet with Poseidon regarding the desalination plant
Attended the Teacher of the Year Banquet; congratulated the nominees and winners,
particularly Bonnie Solomon
Attended the Orange County Water Summit Liquid Motion
Attended the Lobsterfest; congratulated the Rotary Club; thanked Professor and Mrs.
Perkins for the invitation
Invited all to attend the Memorial Day service at Tustin Ranch Elementary School on May
22; encouraged residents to fly the U.S. Flag
Announced the Illinois legislature passed a bill to counter Israel boycotts
COUNCILMEMBER GOMEZ
May 8
Attended the Orange County Government Leaders' Prayer Breakfast
Attended the Senior Citizens Advisory Committee meeting
Attended the Mother's Day Luncheon at the Senior Center; the Fashion Show with the
Police Department was a huge success
May13
Attended the Tustin Chamber of Commerce Breakfast; featured Kathy Johnson from Vital
Link and a speaker from the Small Business Administration; congratulated Records
Specialist Connie Vit for being recognized as Officer of the Month
City Council and Successor Agency May 20, 2015
Special Meeting Minutes Page 6 of 10
May 15
Attended the Teacher of the Year Banquet
May 16
Attended the Summer Showcase presented by the Parks and Recreation Department
Attended the City's Shredding Event; thanked city staff who coordinated the event
Attended the Lobsterfest; congratulated the Rotary Club for a successful event
May 18
Attended the Senior Legislative meeting
Looking forward to the Senior Center Volunteer luncheon
Wished all a happy Memorial Day; thanked veterans and their families for their service to
our country
COUNCILMEMBER MURRAY
May 6
Attended the Association of California Cities of Orange County Executive Board meeting
which was the first meeting as President of the Board
May 7
Attended the Orange County Transportation Authority Transit Committee meeting
May 8
Attended the Orange County Government Leaders Prayer Breakfast
May 9
Attended the Orange County Fire Authority Emergency Day in the Life of OCFA event
Announced Daughter Emily modeled at the PADRE Foundation Fashion Show and
fundraiser event for pediatric diabetes
May 11
Attended the Orange County Fire Authority Board of Directors meeting; attended the
Santa Ana - Garden Grove Streetcar project kick-off event
May 13
Attended the Tustin Chamber of Commerce breakfast; congratulated Officer of the Month
Connie Vit
Traveled to Sacramento to speak before the Assembly Local Government Committee in
City Council and Successor Agency May 20, 2015
Special Meeting Minutes Page 7 of 10
opposition to Assemblyman Tom Daly's AB 1217 bill; accompanied by 21 local City
Managers; thanked City Manager Jeffrey C. Parker for his participation along with the
other City Managers, Board Members and City Council Members who attended
May 14
Attended the Orange County Fire Authority Budget and Finance Committee meeting;
reviewed the 2015-16 budget
May 15
Attended the Teacher of the Year Banquet
May 16
Announced the City's Shredding event was a great success; thanked Erica Rabe, her staff
and the Public Works Department
May 18 - May 20
Attended the Orange County Business Council and Association of California Cities of
Orange County Advocacy Trip in Washington DC; met with congressional leaders to
discuss various Orange County concerns and issues; roads and infrastructure
improvements, economic development, workforce development and housing; and Federal
funding sources for these projects
Thanked staff for their hard work on the new budget and transitioning the City into a two •
year budget
Announced staff is working diligently on two of his initiatives as Mayor last year — the
City's website and establishing the Tustin Citizens Academy
Thanked veterans and military personnel as we recognize and acknowledge Memorial
Day and the many sacrifices made by the military men, women and their families
MAYOR PRO TEM NIELSEN
May 6
Attended the Orange County Sanitation District Operations Committee meeting
May 7-8
Attended the Southern California Association of Governments conference
Mav 11
Attended the Orange County Sanitation District Legislative and Public Affairs Committee
meeting
May 13
Attended the Orange County Sanitation District Administrative Committee meeting
May 16
City Council and Successor Agency May 20, 2015
Special Meeting Minutes Page 8 of 10
Invited by Irvine Mayor Steven Choi to attend the Korean festival
Attended the Lobsterfest
MAYOR PUCKETT
May 16
Attended the Lobsterfest
May 6-12
Attended his 50th college reunion in Kansas
May 13
Attended the Tustin Chamber of Commerce Breakfast; congratulated Officer of the Month
Connie Vit
Attended two Transportation Corridor Agencies Ad Hoc Committee meetings and the
Board of Directors meeting
•
May 15
Attended the Teacher of the Year Banquet
Visited with two students from Saint Jeanne De Lestonnac School who won lunch with the
Mayor
May 19
Addressed a second grade class
May 20
Addressed a sixth grade class
May 21
Announced he will address a class at Hope University
Invited all to attend the Memorial Day service at Tustin Ranch Elementary School on May
22
Announced the Tustin Man and Woman of the Year event will be held on May 29
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The City Council will be
conviening in Closed Sesstion to discuss items 1-3 as they appear on the Closed Session
agenda, including conference with real property negotiator Jeffrey Parker.
RECESSED TO CLOSED SESSION — 9:24 p.m.
City Council and Successor Agency May 20, 2015
Special Meeting Minutes Page 9 of 10
CLOSED SESSION MEETING
(Following the Special 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 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
RECONVENED IN OPEN SESSION at 10:06 p.m.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council
unanimously authorized the City Attorney to initiate litigation and that the action, the
defendants, and the other particulars will, once formally commenced, be disclosed to any
person upon inquiry.
ADJOURNED at 10:07 p.m. The next meeting is scheduled for Tuesday, June 2, 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 May 20, 2015
Special Meeting Minutes Page 10 of 10