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Home My WebLink About02 CC MINUTES 11-17-15CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY John Nielsen, Mayor Pro Tem Rebecca Gomez, Councilmember Al Murray, Councilmember Dr. Allan Bernstein, Councilmember • Charles E. Puckett, Mayor Agenda Item 2 Reviewed: City Manager ENR Finance Director N/A NOVEMBER 17, 2015 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Erica N. Rabe, City Clerk Pamela Arends-King, City Treasurer MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 67K1l a►Ti 1 CALL TO ORDER — Meeting #2379 at 5:42 p.m. ATTENDANCE— Present: TTENDANCE— Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tem John Nielsen and Councilmembers Rebecca "Beckie" Gomez, Al Murray and Dr. Allan Bernstein Absent: None City Clerk: Erica N. Rabe, City Clerk Others Present: David E. Kendig, City Attorney; Jeffrey C. Parker, City Manager 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/Housing Authority November 17, 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 A. Successor Agency to the Tustin Redevelopment Agency, et al. v. Michael Cohen: Case No. 34-2013-80001623CUWMGDS-1 Appellate Court Case No. C076836 4. PUBLIC EMPLOYMENT PERFORMANCE EVALUATION: [Government Code § 54957] — One Case A. Title: City Attorney 5. LIABILITY CLAIMS [Government Code § 54956.95] — Two Cases A. Consideration of application for leave to present late claim of William Crispin, Claim No. 15-24 B. Claim of Wanda Wilson, Claim No. 15-21 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — One Case A. Property Parcel numbers 430-371-18, 19, 20, 21, 22, 23, 24, Address/Description 25, 26, 27, 28, 29, 30, 31, 32, 33, 61, 62, 63, 64, 65, 66, 67, 68 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director Economic Development Negotiating Parties OliverMcMillan Tustin Legacy Inc. Under Negotiation Price and Terms of Payment RECESSED at 5:43 p.m. RECONVENED at 7:00 p.m. City Council/Housing Authority November 17, 2015 Meeting Minutes Page 2 of 13 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2379 at 7:00 p.m. INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE — Mayor Pro Tem Nielsen ROLL CALL — City Clerk Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tem John Nielsen and Councilmembers Rebecca "Beckie" Gomez, Al Murray and Dr. Allan Bernstein Absent: None City Clerk: Erica N. Rabe, City Clerk Others Present: David E. Kendig, City Attorney; Jeffrey C. Parker, City Manager; Douglas S. Stack, Director of Public Works; and Elizabeth A. Binsack, Director of Community Development CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council unanimously authorized dismissal of the Tustin vs. Cohen appeal and unanimously denied the claim of Wanda Wilson, Claim No. 15-21 and the application for leave to present late claim of William Crispin, Claim No. 15-24. Other than that, no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — 1. Emily Goodwin PRESENTATIONS — Mayor Puckett presented a Proclamation on behalf of the City Council and a Certificate of Recognition on behalf of Congresswoman Mimi Walters for recognition of Giving Tuesday to Leticia Clark George on behalf of the Tustin Community Foundation. Mayor Puckett presented a Proclamation on behalf of the City Council and a Certificate of City Council/Housing Authority November 17, 2015 Meeting Minutes Page 3 of 13 Recognition on behalf of Congresswoman Mimi Walters to Gerry and Diane Aust for the 25th anniversary of Dino Dash and their continued dedication to the event. RECESSED at 7:17 p.m. RECONVENED at 7:29 p.m. President of the Orange County Rescue Mission Jim Palmer provided a video on the Orange County Stand Down event; presented a sword to Elliot Mann, Standard Pacific Homes and presented a sword to Mayor Puckett. CONSENT CALENDAR ITEMS 1-9 It was moved by Councilmember Murray and seconded by Councilmember Bernstein to 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 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 AND HOUSING AUTHORITY HELD ON NOVEMBER 3, 2015. Recommendation: That the City Council and Housing Authority approve the Action Minutes of the Regular Meeting of the City Council held on November 3, 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 $687,802.16 and Demands in the amount of $8,926,494.90. City Council/Housing Authority November 17, 2015 Meeting Minutes Page 4 of 13 4. ADOPT RESOLUTION NO. 15-82 TO APPROVE THE SUBMITTAL OF THREE REGIONAL CAPACITY PROGRAM (PROJECT O) PROJECT APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No. 15-82 will approve the submittal of three applications for the following projects: the Red Hill Avenue Northbound Widening and Raised Median Construction, Jamboree Road/EI Camino Real Modification to Add a Second Eastbound Left -Turn Lane and Newport Avenue and SR -55 Freeway Northbound Ramps/Del Amo Avenue Modification to Add a Second Southbound Right -Turn Lane, to the Orange County Transportation Authority (OCTA) under the 2016 Call for Projects for the Competitive Measure M2 Regional Capacity Program (Project O). Recommendation: That the City Council adopt Resolution No. 15-82 approving the submittal of three applications to the Orange County Transportation Authority for funding of the following projects the Red Hill Avenue Northbound Widening and Raised Median Construction, Jamboree Road/EI Camino Real Modification to Add a Second Eastbound Lef -Turn Lane and Newport Avenue and SR -55 Freeway Northbound Ramps/Del Amo Avenue Modification to Add a Second Southbound Right -Turn Lane, under the 2016 Call for Projects for the Renewed Measure M Regional Capacity Program (Project O). RESOLUTION NO. 15-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF THREE PROJECT APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE 2016 COMPETITIVE MEASURE M2 REGIONAL CAPACITY PROGRAM (PROJECT O) 5. ADOPT RESOLUTION NO. 15-83 TO APPROVE THE SUBMITTAL OF TWO REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) PROJECT APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No. 15-83 will approve the submittal of two (2) applications prepared by the City of Irvine for the Tustin Ranch Road/Von Karman Avenue and Edinger Avenue/Irvine Center Drive Traffic Signal Synchronization Projects to the Orange County Transportation Authority (OCTA). Participation by all agencies maintaining traffic signals along these corridors is needed for approval of project applications under the 2016 Call for Projects for the Competitive Measure M2 Traffic Signal Synchronization Program (Project P). Recommendation: That the City Council adopt Resolution No. 15-83 approving the submittal of two (2) applications to the Orange County City Council/Housing Authority November 17, 2015 Meeting Minutes Page 5 of 13 Transportation Authority for funding of the Tustin Ranch Road/Von Karman Avenue and Edinger Avenue/Irvine Center Drive Traffic Signal Synchronization Projects under the 2016 Call for Projects for the Renewed Measure M Regional Traffic Signal Synchronization Program (Project P). RESOLUTION NO. 15-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF APPLICATIONS FOR THE TUSTIN RANCH ROAD/VON KARMAN AVENUE AND EDINGER AVENUE/IRVINE CENTER DRIVE TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) 6. AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLANS TO INCLUDE THE CLASSIFICATION OF ECONOMIC DEVELOPMENT PROJECT MANAGER Approval of the following action will amend the City's Classification Plan and Compensation Plan to include a position in the classification of Economic Development Project Manager. Recommendation: That the City Council take the following actions: 1. Adopt City Council Resolution No. 15-84 to amend the City's Classification and Compensation Plans; and 2. Authorize a supplemental appropriation of $65,000 from the General Fund reserve for the last six months of Fiscal Year 2015-16, to be transferred to the Economic Development Division account in the General Fund (100-21-61-5000). RESOLUTION NO. 15-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN 7. ADOPT RESOLUTION NO. 15-77 TO ACCEPT IMPROVEMENTS FOR THE CITY HALL HEATING, VENTILATION & AIR CONDITIONING REPLACEMENT PROJECT (CIP 10032) Construction of the City Hall Heating, Ventilation & Air Conditioning Replacement Project (CIP 10032) has been completed to the satisfaction of the City Engineer and the project is now ready for City Council acceptance. Recommendation: That the City Council: City Council/Housing Authority November 17, 2015 Meeting Minutes Page 6 of 13 1. Adopt Resolution No. 15-77 accepting the construction of the City Hall Heating, Ventilation & Air Conditioning Replacement Project (CIP 10032), and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 15-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE CITY HALL HEATING, VENTILATION & AIR CONDITIONING REPLACEMENT PROJECT (CIP 10032) 8. CONVEY CITY -OWNED PROPERTY AT THE SOUTHEAST CORNER OF RED HILL AVENUE AND VALENCIA AVENUE TO THE ORANGE COUNTY RESCUE MISSION FOR PARKING PURPOSES Approval is requested to convey an undeveloped City -owned parcel at the southeast corner of Red Hill Avenue and Valencia Avenue to the Orange County Rescue Mission ("OCRM") for parking purposes. Recommendation: That the City Council adopt Resolution No. 15-85 authorizing the City Manager to execute the Quitclaim Deed on behalf of the City of Tustin and take all necessary actions to implement the conveyance. RESOLUTION NO. 15-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, GRANTING A PARCEL OF LAND TO THE ORANGE COUNTY RESCUE MISSION IN FURTHERANCE OF ITS EMERGENCY AND TRANSITIONAL HOUSING PROGRAM FOR HOMELESS MEN, WOMEN, AND CHILDREN 9. DECLARATION OF SURPLUS PROPERTY The City has accumulated a quantity of obsolete and/or damaged computer and computer related equipment, and old phone sets. The listed equipment is no longer usable or required for public use. Recommendation: 1. Declare the listed equipment surplus and not required for public use. 2. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. City Council/Housing Authority November 17, 2015 Meeting Minutes Page 7 of 13 PUBLIC HEARING ITEM 10 10. FIRST READING OF ORDINANCE NO. 1464 TO AMEND CITY CODE SECTION 5331n BY ESTABLISHING PREFERENTIAL PERMIT ONLY PARKING ON SHADYBROOK DRIVE AND FERNBROOK DRIVE PowerPoint presentation by Public Works Manager Krys Saldivar. One resident on Shadybrook Drive has expressed concerns regarding overnight parking of non-resident vehicles on streets, along with associated trash and night time activities. In order to mitigate these issues, the resident requested permit parking. Early morning parking surveys were performed on these streets which determined that only Shadybrook Drive is currently impacted by non- resident parking. Fernbrook Drive is included in the ordinance as it would be impacted if permit parking is implemented on Shadybrook Drive. Subsequently three other residents, one from Shadybrook Drive and two from Fernbrook Drive confirmed the same issues. They were informed that the permit parking item would be taken to the City Council in the near future. Public hearing opened at 7:58 p.m. 1. Barry Cooper 2. Christine Johnson 3. Sharon Swoboda 4. Marnos Boyer 5. Tien Nguyen 6. Carlos Van Niekerk 7. Jeff Rountree 8. Michael Stoney Public hearing closed at 8:19 p.m. It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray to introduce and have the first reading of Ordinance No. 1464 to establish preferential permit only parking on Shadybrook Drive and Fernbrook Drive, and set the second reading for the December 1, 2015 meeting. Motion carried: 4-1 (Councilmember Gomez dissenting) ORDINANCE NO. 1464 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 OTHER BUSINESS/COMMITTEE REPORTS City Council/Housing Authority November 17, 2015 Meeting Minutes Page 8 of 13 COUNCILMEMBER BERNSTEIN November 6 o Attended the Water Advisory Committee of Orange County meeting; discussed Godzilla EI Nino Nn\/amhAr R o Attended the Totally Tustin Food and Wine Festival; congratulated the Tustin Chamber of Commerce and Lindburgh McPherson November 11 o Attended the Tustin Chamber of Commerce breakfast; congratulated Officer of the Month Tom Knostman Nn\/amhAr 19 o Attended the Association of California Cities of Orange County War Stories dinner Nrniamhar 1'q o Toured the City as it relates to density; thanked Director of Community Development Elizabeth A. Binsack, Assistant Director of Community Development Justina Willkom and Executive Assistant Vera Tiscareno Nn\/amhAr 14 o Attended the Tustin Boys and Girls Club Gala; congratulated Elysse Perkins; thanked Randi Bernstein for coordinating the Silent Auction items November 16 o Attended the Veterans Advisory Committee meeting Reminded all about the City's watering schedule; as of November 1 watering is limited to one day a week Congratulated Jerri Rosen and Jim Palmer for their efforts with the OC Stand Down Event Congratulated Gerry and Diane Aust COUNCILMEMBER GOMEZ November 4 o Officer Brad Saunders provided a presentation on cyber security to the American Association of University Women; thanked the Police Department for allowing him to present; the presentation was well received City Council/Housing Authority November 17, 2015 Meeting Minutes Page 9 of 13 November 13 o Attended the Orange County Senior Citizen Advisory Council meeting • The center has a new phone number: 714.480.6450; however, the following number is still active: 800.510.2020 • The Orange County Transportation Authority has upcoming public hearings on expanding mobility for seniors • The Council donated gift cards to needy veterans in lieu of a gift exchange • California Healthier Living will present five workshops for anyone with an ongoing health condition or caregivers; classes will begin in February and will be offered in English and Spanish; for more information: call 877 8243627 or visit the website: ca health ierliving. org • SeniorSery provided a presentation regarding their program and wait list; ten Tustin residents are on the wait list; another meeting will be scheduled to discuss how to assist the residents on the wait list COUNCILMEMBER MURRAY November 4 o Attended the Orange County Fire Authority Budget and Finance meeting; discussed the audit conducted by Lance Soll & Lunghard, LLP Nrniamhar r, o Attended the swearing in ceremony for Irvine Chief of Police Mike Hamel o Attended the Orange County City Selection Committee meeting; announced he was reappointed to the Orange County Transportation Authority Board, Third District and Councilmember Gomez was reappointed to the Senior Citizen Advisory Committee Nrniamhar R o Attended the 2015 Police Leadership Forum at the University of California, Irvine; Chief Celano was a featured member of the Executive Panel November 7 o Announced the Orange County Fire Authority held their Reserve Academy 18 graduation November 8 o Attended the Totally Tustin Food and Wine Festival Nrniamhar 9 o Attended the Orange County Transportation Authority Board of Directors meeting November 10 o Attended the Veterans Day luncheon at the Senior Center City Council/Housing Authority November 17, 2015 Meeting Minutes Page 10 of 13 NnvPmhPr 11 o Attended the Tustin Chamber of Commerce Breakfast; congratulated Officer of the Month Tom Knostman November 12 o Chaired the Orange County Transportation Authority Transit Committee meeting; staff presented a plan and recommendations on bus ridership improvements which includes a public outreach program Attended the Orange County Transportation Authority Veterans event recognizing military veterans and family members employed by the Orange County Transportation Authority Honored to present the Association of California Cities of Orange County 2015 Legislator of the Year awards to Assemblymen Don Wagner and Eric Linder at the Association of California Cities of Orange County dinner; followed by the panel workshop November 13 o Attended the Association of California Cities of Orange County Infrastructure and Technology Committee meeting; discussed AB 57 which proposes to expedite installation of new cell tower sites Attended the Orange County Board of Supervisors Annual Report meeting; presented by Supervisor Todd Spitzer November 16 o Attended the Los Angeles—San Diego—San Luis Obispo (LOSSAN) rail corridor meeting; discussed Positive Train Control (PTC) Met with the County Drowning Awareness Task Force Announced the Changing of the Flags Ceremony will be held on November 18 at the Orange County Civic Center Plaza of the Flags MAYOR PRO TEM NIELSEN NnvPmhPr A o Attended the Orange County Sanitation District Operations Committee meeting NnvPmhPr .ri o Attended the Southern California Association of Government meetings: o Community, Economic Human Development Committee o Energy and Environment Committee o Regional Council; discussed the Regional Transportation Plan and Sustainable City Council/Housing Authority November 17, 2015 Meeting Minutes Page 11 of 13 Communities Strategy 2016 November 8 o Attended the Totally Tustin Food and Wine Festival; thanked Lindburgh McPherson and Michael Demoratz; congratulated Mayor Puckett November 12 o Attended the Orange County Sanitation District Administrative Committee meeting hlnvcmhcr 'Id o Attended the Tustin Boys and Girls Club Gala November 16 o Attended the Veterans Advisory Committee meeting; discussed and narrowed goals of the committee; thanked Management Analyst Stephanie Najera and Assistant to the City Manager Matthew West MAYOR PUCKETT Attended the Transportation Corridor Agencies Board of Directors meeting and two ad hoc committee meetings November 11 o Attended the Scouting for Food event hlnvcmhcr 7 o Attended the Totally Tustin Food and Wine Festival sponsored by Lindburgh McPherson and the Tustin Chamber of Commerce November 12 o Attended the ribbon cutting for the new Humanities Building at Beckman High School hlnvcmhcr 'Id o Attended the Tustin Boys and Girls Club Gala o Attended an adoption program at the Senior Center celebrating adoptive parents UPCOMING EVENT ANNOUCEMENTS o Army Reserve Groundbreaking Ceremony 15992 Red Hill Avenue November 19 at 10:00 a.m. o Downtown Lights Ribbon Cutting City Council/Housing Authority November 17, 2015 Meeting Minutes Page 12 of 13 115W. Main Street (Mrs. B's Consignments parking lot) November 30 at 6:00 p.m. o 1 st Annual City of Tustin High School Film Festival Tustin Community Center at the Market Place November 20 at 6:00 p.m. o 31st Annual Christmas Tree Lighting December 4 at 6:00 p.m. ADJOUNRED IN HONOR OF GERRY AND DIANE AUST ADJOURNED at 9:06 p.m. The next meeting is scheduled for Tuesday, December 1, 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/Housing Authority November 17, 2015 Meeting Minutes Page 13 of 13