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Home My WebLink About02 CC MINUTES 7.21.15Agenda Item 2 Reviewed: City Manager ER Finance Director N/A CITY OF TUSTIN REGULAR JULY 21, 2015 MEETING OF THE CITY COUNCIL 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 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2372 at 5:30 p.m. ATTENDANCE Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tem John Nielsen and Councilmembers Al Murray and Dr. Allan Bernstein Absent: Councilmember Rebecca "Beckie" Gomez 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 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases City Council July 21, 2015 Meeting Minutes Page 1 of 11 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 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 RECESSED at 5:31 p.m. RECONVENED at 7:04 p.m. City Council July 21, 2015 Meeting Minutes Page 2 of 11 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2372 at 7:04 p.m. INVOCATION — Pastor Will Mullens PLEDGE OF ALLEGIANCE — Councilmember Murray ROLL CALL — City Clerk Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tem John Nielsen and Councilmembers Al Murray and Dr. Allan Bernstein Absent: Councilmember Rebecca "Beckie" Gomez City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council did not discuss Items 1, 2 and 3.3 and did not take any reportable action on the items discussed. ORAL COMMUNICATION/PUBLIC INPUT — 1. Kathryn Hansen 2. Michael G. Hearst, District Manager Orange County Mosquito and Vector Control 3. Laura Rothafel 4. Lissette Gomez PRESENTATIONS — o Mayor Puckett presented a Proclamation on behalf of the City Council and a Certificate of Recognition on behalf of Congresswoman Mimi Walters to Johnny and Cindy Johnson in Honor of Receiving the 2015 G. Harold Martin Award from the International Swimming Hall of Fame o Management Analyst Stephanie Najera and Assistant to the City Manager Mathew West provided an overview of the City's newly designed website City Council July 21, 2015 Meeting Minutes Page 3 of 11 CONSENT CALENDAR ITEMS 1-8 It was moved by Councilmember Murray and seconded by Councilmember Bernstein to approve the balance as recommended by staff. Motion carried: 4-0 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 public agenda shall be determined to have been read by title and further reading waived. 2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 7, 2015 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council 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. City Council July 21, 2015 Meeting Minutes Page 4 of 11 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 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 City Council July 21, 2015 Meeting Minutes Page 5 of 11 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. 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 NO. 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 Mayor Pro Tem Nielsen recused himself due to a potential conflict in real property interest. Roy Wickland, Wickland Pipelines LLC, presented a PowerPoint presentation. 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. Public hearing opened at 7:58 p.m. Public hearing closed at 7:58 p.m. with no public comments. City Council July 21, 2015 Meeting Minutes Page 6 of 11 It was moved by Councilmember Murray and seconded by Mayor Puckett to 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. Motion carried: 3-1 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 Mayor Pro Tem Nielsen returned to the dais. REGULAR BUSINESS ITEMS 10-11 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. It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Bernstein to have second reading by title only and adoption of Ordinance No. 1456 (roll call vote). Motion carried: 4-0 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 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 City Council July 21, 2015 Meeting Minutes Page 7 of 11 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. It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem Nielsen to adopt the following resolutions: 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. Motion carried: 4-0 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 CITY MANAGER JEFFREY C. PARKER Thanked the Technical Advisory Committee for assisting with implementing the new website; thanked Management Anaylst Stephanie Najera and Assistant to the City Manager Mathew West for their leadership in the website project City Council July 21, 2015 Meeting Minutes Page 8 of 11 COUNCILMEMBER BERNSTEIN July 8 Attended the Orange County Local Agency Formation Commission meeting July 9 Attended the Association of California Cities of Orange County City Leadership Reception at the Disneyland Resort July 10 Attended the Water Advisory Committee of Orange County meeting; discussed Proposition 1 and the water efficient landscape ordinance Provided an overview of the presentation by Michael G. Hearst, District Manager Orange County Mosquito and Vector Control; invited all to visit the Vector Control website http://www.ocvcd.org / Announced the Veterans Advisory Committee held their first meeting on July 16 Congratulated Management Anaylst Stephanie Najera and Assistant to the City Manager Mathew for their hard work on the website COUNCILMEMBER MURRAY July 8 Attended the Orange County Transporation Authority Finance Committee meeting Attended the Town Hall meeting at the City of Orange regarding the Metrolink Station July 9 Attended the Orange County Transportation Authority Transit Committee meeting Attended the Orange County Fire Authority Emergency Medical Services (EMS) and deployment model demonstration Attended the Association of California Cities of Orange County City Leadership Reception at the Disneyland Resort; daughter Emily accompanied him July 13 Attended the Orange County Transportation Authority Board of Directors meeting; executed the Santa Ana/Garden Grove streetcar project July 15 Encouraged all to listen to the City Square Radio Show hosted by former Mayor Jerry Amante City Council July 21, 2015 Meeting Minutes Page 9 of 11 Attended the Orange County Fire Authority Budget and Finance meeting July 16 Attended the Orange County Fire Authority Executive Board of Directors meeting July 17 Attended the Association of California Cities of Orange County Board of Directors meeting and Stategic Plan Workshop July 18 Attended the 3rd Annual Dental Clinic at the Tustin Family and Youth Center; partnership with the Tustin Lions Club July 20 Attended the Special Olympics Final Leg at the Orange County Sheriff Training Academy in Tustin Congratulated Management Anaylst Stephanie Najera and Assistant to the City Manager Mathew for their hard work on the website Announced the Orange County Fire Authority launced a new website; encouraged all to visit MAYOR PRO TEM NIELSEN Thanked the team for implementing the new website; thanked Management Anaylst Stephanie Najera and Assistant to the City Manager Mathew West for leading the team July 8 Attended the Orange County Sanitation District Administrative Committee meeting July 13 Attended the Orange County Sanitation District Legislative Committee meeting Attended the Orange County Sanitation District Steering Committee meeting July 16 Attended the Veterans Advisory Committee meeting July 20 Chaired the Association of California Cities of Orange County Energy Environment Committee City Council July 21, 2015 Meeting Minutes Page 10 of 11 MAYOR PUCKETT Attended two Transportation Corridor Agencies meetings July 9 Attended the Association of California Cities of Orange County City Leadership Reception at the Disneyland Resort Toured the Richard Nixon Library Attended two Concerts in the Park events July 20 Attended the Special Olympics Final Leg at the Orange County Sheriff Training Academy in Tustin Met Rochelle S. for Lunch with the Mayor; which was a silent bid auction at the Relay for Life of Tustin event Encouraged all to visit the City's new website www.tustinca.org ADJOURNED at 8:24 p.m. 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 Minutes Page 11 of 11