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Home My WebLink About00 CC AGENDA 7.21.15CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL John Nielsen, Mayor Pro Tem Rebecca Gomez, Councilmember Al Murray, Councilmember Dr. Allan Bernstein, Councilmember JULY 21, 2015 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN a Jeffrey C. Parker, City Manager Charles E. Puckett, Mayor David E. Kendig, City Attorney Jeffrey C. Parker, City Clerk Pamela Arends-King, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2372 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 [Govt. Code § 54956.9(a)] — Three Cases 1. Name of Claim: Brian Miali Case No(s). WCAB: ADJ9451926 and ADJ 9533518 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. 2. Name of Claim: Mark Black Case No(s). WCAB: ADJ8946764 3. 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 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 Services 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 City Council July 21, 2015 Meeting Agenda Page 2 of 8 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2372 INVOCATION — Pastor Will Mullens PLEDGE OF ALLEGIANCE — Councilmember Murray ROLL CALL — City Clerk 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. PRESENTATIONS — o Johnny and Cindy Johnson: In Honor of Receiving the 2015 G. Harold Martin Award from the International Swimming Hall of Fame o Overview of Newly Designed Website 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 City Council July 21, 2015 Meeting Agenda Page 3 of 8 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 JULY 7, 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 July 7, 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 $694,862.77 and Demands in the amount of $1,632,142.05. 4. FOURTH AMENDMENT TO THE RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND NATIONAL OFFICE LIQUIDATORS, INC. FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE Approval is requested to amend the Rental Agreement between the City and National Office Liquidators, Inc. (Tenant), for a City -owned property located at 15171 Del Amo Avenue. Recommendation: That the City Council authorize the City Manager to execute the attached Fourth Amendment to the Rental Agreement with National Office Liquidators, Inc. and support the finding that the amended Rental Agreement is at market value and no further policy directions, as outlined in Tustin City Code Section 7960(B), are required. 5. RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND KYA SERVICES, LLC FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE Approval is requested to enter into a three (3) year Rental Agreement between the City and Kya Services, LLC (Tenant), for City -owned property located at 15171 Del Amo Avenue. Recommendation: That the City Council authorize the City Manager to execute the Rental Agreement with Kya Services, LLC in a form substantially consistent with the attachment and support the finding that the Rental Agreement is at market value and no further policy directions, as outlined in City Council July 21, 2015 Meeting Agenda Page 4 of 8 Tustin City Code Section 7960(B), are required. 6. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Each year the City Council authorizes the use of the City's annual disbursement of Assembly Bill (AB) 2766 funds to offset costs for state mandated vehicle emission reduction programs implemented by the City of Tustin. This year the City Council is being requested to allocate both the Fiscal Year (FY) 2014/2015 and FY 2015/2016 AB 2766 disbursements to partly fund the installation and construction of pedestrian and traffic calming enhancements and improvements in Old Town Tustin, which will be identified in the Tustin Downtown Commercial Core Plan (the "Plan"). Recommendation: That the City Council authorize a total of $179,684, including $96,834 in AB 2766 FY 2014/2015 turn -back funds, $82,000 in projected AB 2766 FY 2015/2016 turn -back funds, and $850 in interest income received through investment of the turn -back funds, to be used/earmarked to partly fund the installation and construction of future pedestrian, bicycle, and traffic calming enhancements and improvements in Downtown Tustin, which will be identified in the Plan. 7. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF BRIAN MIALI Adoption of the attached Resolution will certify that Brian Miali is industrially disabled from his position of Police Officer and enable CalPERS to process his retirement. Recommendation: Adopt Resolution No. 15-41 finding that Police Officer Brian Miali is industrially disabled from performing the duties of his position. RESOLUTION NO. 15-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT BRIAN MIALI, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER 8. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF MARK BLACK Adoption of the attached Resolution will certify that Mark Black is industrially disabled from his position of Police Officer and enable CalPERS to process his retirement. Recommendation: Adopt Resolution No. 15-40 finding that Police Officer Mark Black is industrially disabled from performing the duties of his position. City Council July 21, 2015 Meeting Agenda Page 5 of 8 RESOLUTION NO. 15-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT MARK BLACK, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER 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. INTRODUCTION AND FIRST READING OF ORDINANCE NO. 1459 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 westward 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. On July 7, 2015 the City Council adopted Resolution No. 15-35 declaring the City's intent to grant a franchise to Wickland. Recommendation: That the City Council introduce and have the first reading of Ordinance No. 1459 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 August 4, 2015 at which the Ordinance would have its' second reading and be adopted. ORDINANCE NO. 1459 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA GRANTING A FRANCHISE TO WICKLAND PIPELINES, LLC, TO CONSTRUCT, MAINTAIN AND OPERATE PIPELINES WITHIN CERTAIN PUBLIC ROADS, STREEETS AND WAYS OF THE CITY OF TUSTIN, CALIFORNIA City Council July 21, 2015 Meeting Agenda Page 6 of 8 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 10 through 11) 10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1456 Ordinance No. 1456 adds 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. Recommendation: Have second reading by title only and adoption of Ordinance No. 1456 (roll call vote). 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 11. MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT AND THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT 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 Police Officers Association — Police Officer Representation Unit (TPOA) and the Tustin Police Officers Association — Police Management Representation Unit (TPMA) in accordance with City Council direction. Recommendation: That the City Council adopt the following resolutions: 1. Resolution No. 15-42 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPOA for the period July 1, 2015 through June 30, 2018; and 2. Resolution No. 15-43 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPMA for the period July 1, 2015 through June 30, 2018. City Council July 21, 2015 Meeting Agenda Page 7 of 8 RESOLUTION NO. 15-42 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 OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 15-43 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 OFFICERS ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, August 4, 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 July 21, 2015 Meeting Agenda Page 8 of 8