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HomeMy WebLinkAbout02 CC MINUTES 7.7.15CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY • Agenda Item 2 Reviewed: City Manager ER Finance Director N/A JULY 7, 2015 COUNCIL CHAMBER 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 JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2371 at 5:35 p.m. ATTENDANCE Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tem John Nielsen and Councilmembers Rebecca "Beckie" Gomez, Al Murray and Councilmember Dr. Allan Bernstein Absent: None 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 City Council and Successor Agency July 7, 2015 Meeting Minutes Page 1 of 13 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 Orange County Community College District 4. 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 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 RECESSED at 5:35 p.m. RECONVENED at 7:10 p.m. City Council and Successor Agency July 7, 2015 Meeting Minutes Page 2 of 13 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 at 7:10 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE - American Legion ROLL CALL — City Clerk Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tem John Nielsen and Councilmembers Rebecca "Beckie" Gomez, Al Murray and Councilmember Dr. Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action and will reconvene following the public meeting. ORAL COMMUNICATION/PUBLIC INPUT — o Harold Katzman o Mona Clark CONSENT CALENDAR ITEMS 1-8 It was moved by Councilmember Murray and seconded by Councilmember Bernstein to pull Items 5 and 6 and approve the balance as recommended by staff. Motion carried: 5-0 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 City Council and Successor Agency July 7, 2015 Meeting Minutes Page 3 of 13 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. 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 City Council and Successor Agency July 7, 2015 Meeting Minutes Page 4 of 13 Mayor Pro Tem Nielsen recused himself due to a potential conflict in real property interest. 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. It was moved by Councilmember Murray and seconded by Councilmember Gomez to 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. Motion carried: 4-0-1 RESOLUTION NO. 15-35 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA TO GRANT A FRANCHISE TO WICKLAND PIPELINES, LLC, TO CONSTRUCT, MAINTAIN AND OPERATE PIPELINES WITHIN CERTAIN PUBLIC ROADS, STREETS AND WAYS OF THE CITY OF TUSTIN, CALIFORNIA Mayor Pro Tem Nielsen returned to the dais. 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. It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Bernstein to receive and file this report. Motion carried: 5-0 City Council and Successor Agency July 7, 2015 Meeting Minutes Page 5 of 13 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. PRESENTATION — Mayor Puckett presented a Proclamation to the Parks and Recreation Department and the Community Services Commission in honor of Parks and Recreation Month. PUBLIC HEARING ITEM NO. 9 9. CODE AMENDMENT 2015-002 (ORDINANCE NO. 1456), STREAMLINING CITY BUILDING DIVISION REVIEW OF SOLAR PANEL PERMITS PowerPoint presentation by Assistant Director of Community Development Dana Ogdon. 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. Public hearing opened at 7:35 p.m. Public hearing closed at 7:35 p.m. with no public comments City Council and Successor Agency July 7, 2015 Meeting Minutes Page 6 of 13 It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Bernstein that the City Council introduce and read by title only Ordinance No. 1456, 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. Motion carried: 5-0 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 10-14 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. It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem Nielsen that the City Council adopt the following resolutions: 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. Motion carried: 5-0 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 City Council and Successor Agency July 7, 2015 Meeting Minutes Page 7 of 13 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. It was moved by Councilmember Murray and seconded by Councilmember Gomez 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. Motion carried: 5-0 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. It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Gomez to 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 $13,198,985.25 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. City Council and Successor Agency July 7, 2015 Meeting Minutes Page 8 of 13 Motion carried: 5-0 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. It was moved by Councilmember Murray and seconded by Councilmember Bernstein to 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. Motion carried: 5-0 14. APPOINTMENT OF REPLACEMENT SUCCESSOR AGENCY BOARD MEMBER Councilmember Gomez recused herself due to a potential conflict of interest. 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. It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray to nominate and appoint Austin Lumbard as the replacement Board Member of the Successor Agency. Motion carried: 4-0-1 Councilmember Gomez returned to the dais. OTHER BUSINESS/COMMITTEE REPORTS CITY MANAGER JEFFREY C. PARKER Congratulated the Parks and Recreation Department for a great Fourth of July event COUNCILMEMBER BERNSTEIN June 11 Attended a meeting regarding the Veterans Advisory Ad Hoc Committee Attended the Discovery Cube Grand Opening ceremony; encouraged all to visit the Orange City Council and Successor Agency July 7, 2015 Meeting Minutes Page 9 of 13 County Vector Control exhibit June 12 Attended the Association of California Cities of Orange County Infrastructure Summit; participated in a panel discussion regarding the desalination plant June 12 Attended the Flag Day Salute; keynote speaker was Rand Paul .Bina 1R Attended the Tustin Police Department Open House; congratulated Chief Celano on a wonderful event; thanked the Department for their service June 17 Attended the Orange County Local Agency Formation Commission meeting June 18 Attended the Orange County Vector Control meeting June 20 Attended the Tustin Relay for Life event June 26 Attended the Groundwater Recycling Expansion event in Fountain Valley July 4 Thanked all participants in the Tustin Meadows Fourth of July Parade; thanked Director of Parks and Recreation Dave Wilson and staff for a wonderful fireworks display July 6 Attended the Joint City Council and Planning Commission Workshop regarding density COUNCILMEMBER GOMEZ June 23 Attended the Current State of Housing in Yorba Linda June 25 Attended the Santa Ana River Flood Protection Agency meeting Attended the Association of California Cities of Orange County Golden Hub of Innovation awards ceremony June 28 Volunteered at the Pancake Breakfast in Tustin Meadows City Council and Successor Agency July 7, 2015 Meeting Minutes Page 10 of 13 July 4 Participated in the Tustin Meadows Parade; attended the fireworks display at Tustin High School; thanked the Parks and Recreation Department; thanked the community for a safe weekend Thanked everyone who contacted her regarding permit parking and the Joint City Council and Planning Commission Workshop regarding density COUNCILMEMBER MURRAY June 20 Attended the Tustin Relay for Life event July 4 Participated in the Tustin Meadows Parade with daughter Emily; thanked the Tustin Meadows Association for organizing the event; attended the fireworks display at Tustin High School; thanked the Parks and Recreation Department; thanked the Police Department for a safe event July 6 Attended the Joint City Council and Planning Commission Workshop regarding density June 18 Attended the Orange County Fire Authority Claims and Executive Committee meeting June 22 Attended the Orange County Transportation Authority Board of Directors meeting June 24 Attended the Association of California Cities of Orange County Board of Directors meeting June 25 Attended the Orange County Fire Authority Board of Directors meeting June 26 Conducted a media conference with Supervisor Spitzer regarding fireworks and water safety July 1 Attended the Orange County Fire Authority Board of Directors Special meeting regarding AB 1217 July 6 Attended the Orange County Transportation Authority Executive Board of Directors meeting City Council and Successor Agency July 7, 2015 Meeting Minutes Page 11 of 13 Congratulated the City for receiving an award at the Association of California Cities of Orange County Golden Hub of Innovation event Congratulated Mayor Pro Tem Nielsen for being elected to serve as the Chair of the Orange County Sanitation District Board of Directors Provided an update on daughter Lily's new job and water polo events MAYOR PRO TEM NIELSEN Congratulated the City for receiving an award at the Association of California Cities of Orange County Golden Hub of Innovation event June 17 Attended the Business Association Industry Gala at the Richard Nixon Presidential Library June 18 Attended the Tustin Chamber of Commerce Mixer at Bronx Sandwiches June 19 Attended the Boys and Girls Club fundraiser event in Old Town Tustin June 24 Attended the Orange County Sanitation District Board of Directors and Steering Committee meeting June 25 Attended the Orange County Council of Governments Strategic Plan session July 1 Attended the Orange County Sanitation District Operations Committee meeting July 2 Attended the Southern California Association of Governments meeting July 4 Participated in the Tustin Meadows Parade; attended the fireworks display at Tustin High School; thanked the Parks and Recreation Department July 6 Attended the Santa Ana Watershed Project Authority meeting July 6 Attended the Joint City Council and Planning Commission Workshop regarding density City Council and Successor Agency July 7, 2015 Meeting Minutes Page 12 of 13 COUNCILMEMBER BERNSTEIN Announced the launch of the City's new website; congratulated Stephanie Najera and Matt West MAYOR PUCKETT Congratulated Mayor Pro Tem Nielsen for being elected to serve as the Chair of the Orange County Sanitation District Board of Directors June 12 Attended the Flag Day Salute; keynote speaker was Rand Paul June 17 Attended the Business Association Industry Gala at the Richard Nixon Presidential Library July 3 Spoke at the Kiwanis Club to provide an update on the City of Tustin July 4 Participated in the Tustin Meadows Parade; attended the fireworks display at Tustin High School; thanked the Parks and Recreation Department July 6 Attended the Joint City Council and Planning Commission Workshop regarding density June 19-21 Celebrated his 50th wedding anniversary CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will recess to Closed Session to discuss Item No. 4. RECESSED TO CLOSED SESSION at 8:15 p.m. RECONVENED IN OPEN SESSION at 9:18 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. ADJOURNED at 9:18 p.m. 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 Meeting Minutes Page 13 of 13