HomeMy WebLinkAbout00 CC AGENDA 7-7-15CITY OF TUSTIN JOINT REGULAR JULY 7, 2015
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
AND SUCCESSOR AGENCY ' 300 CENTENNIAL WAY, TUSTIN
John Nielsen, Mayor Pro Tem Jeffrey C. Parker, City Manager
Rebecca Gomez, Councilmember Charles E. Puckett, Mayor David E. Kendig, City Attorney
Al Murray, Councilmember Jeffrey C. Parker, City Clerk
Dr. Allan Bernstein, Councilmember Pamela Arends-King, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2371
ATTENDANCE
PUBLIC INPUT — Members of the public may address the City Council on items on the
Closed Session Agenda.
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: Sacramento Superior Court Case No. 34-
2015-80002046 CU-WM-GDS; and response filed by South
Please note: Written materials relating to agenda items for an open session regular
meeting of the Council that are distributed to a majority of the Council members less
than 72 hours prior to the meeting are available for public inspection at the following
locations: In the City Clerk's Office during regular business hours and following
business hours (after 5:30 p.m.) in the Council Chamber on the day of the meeting.
Orange County Community College District
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code §
54956.8] — One Case
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
5. 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
JOINT REGULAR MEETING OF THE
CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
7:00 P.M.
CALL TO ORDER — Meeting #2371
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE -
American Legion
ROLL CALL — City Clerk
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CLOSED SESSION REPORT — City Attorney David E. Kendig
ORAL COMMUNICATION/PUBLIC INPUT — At this time, any member of the public may
address the City Council on matters which are listed on this agenda or under the
jurisdiction of the City Council.
PRESENTATION — Parks and Recreation Month
CONSENT CALENDAR ITEMS
All matters listed under the Consent Calendar are considered
to be routine and will be enacted by one motion without
discussion. Persons wishing to speak regarding Consent
Calendar matters should file a "Request to Speak" form with
the City Clerk. (Agenda Items 1 through 8)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON
THE AGENDA
Recommendation: That the City Council waive reading in full of all ordinances
and resolutions on the agenda and declare that said titles which appear on the
public agenda shall be determined to have been read by title and further reading
waived.
2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY
COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY HELD ON JUNE 16, 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 June 16, 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 $626,200.07 and
$703,392.93 and Demands in the amount of $7,433,683.72.
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4. DESTRUCTION OF RECORDS - COMMUNITY DEVELOPMENT
DEPARTMENT
Recommendation: The Community Development Department is in the
process of establishing a new file management system. In an effort to archive
and retain City records as required by State law and the City's record retention
schedule, and conserve storage space, staff has reviewed and identified
outdated reference and information files. The Community Development
Department requests permission to destroy the records listed in Exhibit A (of
Resolution No. 15-33) that are more than two years old.
That the City Council adopt Resolution No. 15-33, authorizing the destruction of
records no longer required to be kept in the possession of the Community
Development Department as listed in Exhibit A.
RESOLUTION NO. 15-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND
PAPERS IN THE POSSESSION OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF THE CITY OF TUSTIN, PURSUANT TO THE AUTHORITY
GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE
5. APPROVE RESOLUTION OF INTENT TO GRANT A FRANCHISE TO
WICKLAND PIPELINES LLC FOR THE RIGHT TO CONSTRUCT, MAINTAIN,
AND OPERATE ONE 12 -INCH PIPELINE TO TRANSMIT JET FUEL WITHIN
CERTAIN PUBLIC ROADS OF THE CITY OF TUSTIN
Wickland Pipelines LLC (Wickland) is requesting approval to construct,
maintain, and operate an approximately 5 -mile long 12 -inch California Public
Utilities Commission (CPUC) regulated common carrier jet fuel pipeline
connecting John Wayne Airport to an existing 16 -inch products pipeline
operated by Kinder Morgan Energy Partners (Kinder Morgan). The route
through the City of Tustin would connect to the Kinder Morgan pipeline adjacent
to Tustin Ranch Road just north of Edinger Avenue, continue eastward in
Edinger Avenue, then proceed south in Red Hill Avenue, through the City of
Irvine, to the Airport. The County of Orange has conducted an Initial Study and
approved Mitigated Negative Declaration CPP #2013-00087.
Recommendation: That the City Council adopt Resolution No. 15-35 declaring
the City's intent to grant a franchise to Wickland Pipelines LLC to construct,
maintain, and operate one 12 -inch pipeline within certain public roads, streets,
and ways of the City of Tustin, California and set a hearing date of July 21, 2015
at which the franchise would be considered.
RESOLUTION NO. 15-35
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA TO GRANT A FRANCHISE TO WICKLAND
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PIPELINES, LLC, TO CONSTRUCT, MAINTAIN AND OPERATE PIPELINES
WITHIN CERTAIN PUBLIC ROADS, STREETS AND WAYS OF THE CITY OF
TUSTIN, CALIFORNIA
6. WATER CONSERVATION UPDATE - MAY 2015
As a result of the drought, the City of Tustin is required to provide the State
Water Resources Control Board with data that will be used to determine if the
City is meeting the required 28% conservation target and the various methods
being utilized to ensure compliance with the State's mandates. This report
summarizes the information provided to the State for the month of May 2015
and provides the City Council and the public with general information on
previous and upcoming actions taken by the City.
Recommendation: Staff recommends that the City Council receive and file this
report.
7. CANCELLATION OF SEPTEMBER 1, 2015 CITY COUNCIL
Due to a lack of quorum, staff recommends cancellation of the September 1,
2015 Regular Joint City Council and Successor Agency to the Tustin
Community Redevelopment Agency meeting.
Recommendation: Direct the City Clerk to post a Notice of Cancellation for the
regularly scheduled Council meeting of September 1, 2015. The City Council
hereby waives notice of said meeting as required by Government Code §54954.
8. FIRST AMENDMENT TO THE TUSTIN AUTO CENTER MERCHANTS'
ASSOCIATION GROUND LEASE
Approval is requested to amend the Ground Lease ("Ground Lease") between
the City of Tustin and the Tustin Auto Center Merchants' Association
("Association") for storing vehicles on a vacant parcel in Tustin Legacy.
Recommendation: That the City Council approve the First Amendment to the
Ground Lease between the City of Tustin and the Tustin Auto Center
Merchants' Association and authorize the City Manager to execute the First
Amendment.
PUBLIC HEARING ITEM
A public hearing provides individuals the opportunity to be
heard regarding an intended action of the City Council
related to land use or fees. (Agenda Item 9)
9. CODE AMENDMENT 2015-002 (ORDINANCE NO. 1456), STREAMLINING
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CITY BUILDING DIVISION REVIEW OF SOLAR PANEL PERMITS
California Assembly Bill (AB) 2188 requires that local governments adopt a
solar ordinance by September 30, 2015 that creates a streamlined permitting
process for small residential rooftop solar systems. Ordinance No. 1456 has
been prepared to comply with state law. In addition, making solar energy more
affordable will help the State reach its renewable energy and greenhouse gas
reduction goals, and create more local jobs.
Recommendation: That the City Council introduce and read by title only
Ordinance No. 1456 (Attachment A), adding Chapter 2 to Article 8 of the Tustin
City Code (TCC) relating to expedited permitting procedures for small
residential rooftop solar systems as required by AB 2188; and set the matter for
second reading.
ORDINANCE NO. 1456
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING CHAPTER 2 TO ARTICLE 8 OF THE TUSTIN CITY
CODE RELATING TO EXPEDITED PERMITTING PROCEDURES FOR
SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Items 10 through 14)
10. MEMORANDA OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL
EMPLOYEES ASSOCIATION AND THE TUSTIN POLICE SUPPORT
SERVICES ASSOCIATION
Adoption of the attached Resolutions and Memoranda of Understanding (MOU)
will authorize terms and conditions of employment for employees in
classifications represented by the Tustin Municipal Employees Association
(TMEA) and the Tustin Police Support Services Association (TPSSA) in
accordance with City Council direction.
Recommendation: That the City Council adopt the following resolutions:
1. Resolution No. 15-37 amending the City's Classification and
Compensation Plans and approving a Memorandum of Understanding
with TMEA for the period of July 1, 2015 through June 30, 2018; and
2. Resolution No. 15-38 amending the City's Classification and
Compensation Plans and approving a Memorandum of Understanding
with TPSSA for the period of July 1, 2015 through June 30, 2018.
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RESOLUTION NO. 15-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION
PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN
MUNICIPAL EMPLOYEES ASSOCIATION, CONCERNING WAGES, HOURS,
AND TERMS AND CONDITIONS OF EMPLOYMENT
RESOLUTION NO. 15-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION
PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN
POLICE SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES,
HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT
11. AWARD OF CONTRACTS FOR ANNUAL LANDSCAPE MAINTENANCE
SERVICES FOR THE GENERAL FUND/WATER FACILITIES AND THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT
Staff is requesting the City Council award landscape maintenance services
contracts for the General Fund City/Water Facilities and Tustin Landscape and
Lighting District, covering an initial term, beginning August 1, 2015 through June
30, 2016 with an option for four additional one-year extensions at the City's sole
discretion.
Recommendation: That the City Council award landscape maintenance
services contracts to Merchants Landscape Services, Inc. for the General Fund
City/Water Facilities in the amount of $618,552 annually and Mariposa
Landscapes, Inc. for the Tustin Landscape and Lighting District (TLLD) in the
amount of $546,204 annually, authorizing the Mayor and the City Clerk to
execute the contract documents on behalf of the City.
12. AWARD CONTRACT FOR THE MOFFETT DRIVE (CIP NO. 70224) AND
PARK AVENUE (CIP NO. 70225) EXTENSION, ROADWAY, GRADING AND
STORM DRAIN CONSTRUCTION PROJECT
Staff is recommending that the City Council award the construction contract for
the Moffett Drive (CIP No. 70224) and Park Avenue (CIP No. 70225) Extension,
Roadway, Grading and Storm Drain Construction Project to the lowest
responsive/responsible bidder, KEC Engineering.
Recommendation: That the City Council: award the construction contract for
the Moffett Drive (CIP No. 70224) and Park Avenue (CIP No. 70225) Extension,
Roadway, Grading and Storm Drain Construction Project to the lowest
responsive/responsible bidder, KEC Engineering in the amount of
City Council and Successor Agency July 7, 2015
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$13,198,985.25 and authorize the Mayor and the City Clerk to execute the
contract documents on behalf of the City.
13. THIRD AMENDMENT TO OCFA JOINT POWERS AUTHORITY AGREEMENT
This agenda item is submitted to request approval of the Orange County Fire
Authority's Third Amendment to the Amended Joint Powers Authority
Agreement to eliminate alternate directors.
Recommendation: That the City Council adopt Resolution No. 15-39
approving the Third Amendment to the Amended Orange County Fire Authority
JPA Agreement and authorize the Mayor to execute the Amendment.
14. APPOINTMENT OF REPLACEMENT SUCCESSOR AGENCY BOARD
MEMBER
This item is to consider the appointment of a replacement Board member of the
Successor Agency to the Tustin Community Redevelopment Agency to replace
resigning member Rebecca Gomez.
Recommendation:
That the Board of the Successor Agency:
1. Enter the June 17, 2015 resignation letter submitted by former Successor
Agency Board Member Gomez into the minutes of the Successor
Agency, recognizing and confirming that the effective date of the
resignation was June 17, 2015; and
That the City Council:
2. Either:
a. Appoint a replacement member to serve on the Board of the
Successor Agency to the Tustin Community Redevelopment Agency;
or
b. Alternatively, provide direction regarding the process by which the
Council will select the replacement Board member.
OTHER BUSINESS/COMMITTEE REPORTS
ADJOURNMENT — The next meeting is scheduled for Tuesday, July 21, 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 July 7, 2015
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