HomeMy WebLinkAboutCC MINUTES 11-17-15 CITY OF TUSTIN REGULAR NOVEMBER 17, 2015
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
AND TUSTIN HOUSING AUTHORITY ,ci,O 300 CENTENNIAL WAY, TUSTIN
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John Nielsen, Mayor Pro Tern GST Jeffrey C. Parker, City Manager
Rebecca Gomez, Councilmember Charles E. Puckett, Mayor David E. Kendig, City Attorney ,
Al Murray, Councilmember Erica N. Rabe, City Clerk
Dr. Allan Bernstein, Councilmember Pamela Arends-King, City Treasurer
MINUTES OF THE CLOSED SESSION MEETING OF THE
CITY COUNCIL AND TUSTIN HOUSING AUTHORITY
5:30 P.M.
CALL TO ORDER — Meeting #2379 at 5:42 p.m.
ATTENDANCE —
Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tern 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
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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; 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.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
City Council/Housing Authority November 17, 2015
Meeting Minutes Page 2 of 13
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 Tern 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
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.
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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.
4. ADOPT RESOLUTION NO. 15-82 TO APPROVE THE SUBMITTAL OF
THREE REGIONAL CAPACITY PROGRAM (PROJECT 0) PROJECT
APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION
AUTHORITY
City Council adoption of Resolution No. 15-82 will approve the submittal of three
City Council/Housing Authority November 17, 2015
Meeting Minutes Page 4 of 13
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 0).
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
0).
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 0)
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 RoadNon
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
Transportation Authority for funding of the Tustin Ranch RoadNon 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).
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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 ROADNON 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:
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
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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.
PUBLIC HEARING ITEM 10
10. FIRST READING OF ORDINANCE NO. 1464 TO AMEND CITY CODE
SECTION 5331n BY ESTABLISHING PREFERENTIAL PERMIT ONLY
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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 Fembrook 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. Mariios 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
COUNCILMEMBER BERNSTEIN
November 6
o Attended the Water Advisory Committee of Orange County meeting; discussed
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Godzilla El Nino
November 8
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
•
November 12
o Attended the Association of Califomia Cities of Orange County War Stories dinner
November 13
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
November14
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
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
City Council/Housing Authority November 17, 2015
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• California Healthier Living will present five workshops for anyone with an 111ongoing 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: cahealthierliving.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 Soil & Lunghard, LLP
November 5
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
November 6
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
November 9
o Attended the Orange County Transportation Authority Board of Directors meeting
November 10
o Attended the Veterans Day luncheon at the Senior Center
November 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
City Council/Housing Authority November 17, 2015
Meeting Minutes Page 10 of 13
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
November13
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
November16
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
November 4
o Attended the Orange County Sanitation District Operations Committee meeting
November 5
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
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
City Council/Housing Authority November 17, 2015
Meeting Minutes Page 11 of 13
November 14
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
November 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
November 14
o Attended the Tustin Boys and Girls Club Gala
November 15
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
115 W. Main Street (Mrs. B's Consignments parking lot)
November 30 at 6:00 p.m.
o 1st 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
City Council/Housing Authority November 17, 2015
Meeting Minutes Page 12 of 13
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.
Ji
CHARLES E. PUCKETT, ERICA N. RABE,
Mayor City Clerk
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