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Home My WebLink About02 CC MINUTES 12.15.15Agenda Item 2 Reviewed: City Manager ENR Finance Director N/A CITY OF TUSTIN REGULAR DECEMBER 15, 2015 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND TUSTIN HOUSING AUTHORITY 300 CENTENNIAL WAY, TUSTIN Affill'All Dr. Allan Bernstein, Mayor Pro Tem Jeffrey C. Parker, City Manager Rebecca Gomez, Councilmember John Nielsen, Mayor David E. Kendig, City Attorney Al Murray, Councilmember Erica N. Rabe, City Clerk Charles E. Puckett, Councilmember Pamela Arends-King, City Treasurer MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 67K1l a►Ti 1 CALL TO ORDER — Meeting #2381 at 5:37 p.m. ATTENDANCE Present: Mayor John Nielsen, Mayor Pro Tem Dr. Allan Bernstein and Councilmembers Al Murray and Charles E. "Chuck" Puckett Absent: Councilmember Rebecca "Beckie" Gomez City Clerk: Erica N. Rabe, City Clerk Others Present: David E. Kendig, City Attorney and 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 December 15, 2015 Meeting Minutes Page 1 of 10 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. PUBLIC EMPLOYMENT PERFORMANCE EVALUATION: [Government Code § 54957] — One Case a. Title: City Attorney 4. LIABILITY CLAIMS [Government Code § 54956.95] — One Case a. Claim of Manuel Hernandez, Claim No. 15-25 Recessed at 5:38 p.m. Councilmember Gomez arrived at 5:40 p.m. Reconvened at 7:04 p.m. REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2381 at 7:04 p.m. INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE — Mayor Nielsen ROLL CALL — City Clerk Present: Mayor John Nielsen, Mayor Pro Tem Dr. Allan Bernstein and Councilmembers Rebecca "Beckie" Gomez, Al Murray and Charles E. "Chuck" Puckett Absent: None City Clerk: Erica N. Rabe, City Clerk Others Present: David E. Kendig, City Attorney and Jeffrey C. Parker, City Manager CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council unanimously denied Claim No. 15-25, Claim of Manuel Hernandez. Other than that, no reportable action. City Council/Housing Authority December 15, 2015 Meeting Minutes Page 2 of 10 ORAL COMMUNICATION/PUBLIC INPUT — Kara Russek, Tustin Pride Holiday Chairperson PRESENTATION — Mayor Nielsen presented a plaque to outgoing Mayor Charles E. Puckett CONSENT CALENDAR ITEMS 1-9 It was moved by Councilmember Puckett and seconded by Mayor Pro Tem Bernstein to pull Item No. 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 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 DECEMBER 1, 2015. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on December 1, 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 $692,148.17 and Demands in the amount of $1,386,080.17. 4. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer/traffic impact fees, and funds expended by the City which satisfy the Maintenance of Effort (MOE). The Orange County Transportation Authority City Council/Housing Authority December 15, 2015 Meeting Minutes Page 3 of 10 (OCTA) established the MOE benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds; the City's required MOE expenditure is $1,222,756. Recommendation: That the Tustin City Council Adopt Resolution No. 15-88, adopting the Measure M2 Expenditure Report for Fiscal Year 2014-2015 (attached) and direct staff to file the report with the Orange County Transportation Authority. RESOLUTION NO. 15-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, THE ANNUAL MEASURE M2 FAIRSHARE EXPENDITURE REPORT FOR FISCAL YEAR 2014-2015 5. ADOPTION OF THE 2016 INVESTMENT POLICY The California Government Code, as amended, requires that Cities annually adopt their Investment Policy. This legislative action was in response to the Orange County bankruptcy. It requires the elected body and the Treasurer to review the existing Investment Policy at least annually and confirm its content at a public meeting and annually delegate authority to invest. Recommendation: That the City Council adopt the City of Tustin Investment Policy for calendar year 2016. 6. RECOMMENDATION OF THE FINANCE DIRECTOR'S RE -APPOINTMENT AS THE CITY TREASURER City Council is asked to consider the recommendation to re -appoint the Finance Director as the City Treasurer for calendar year 2016. City Manager Jeffrey C. Parker requested to continue this item to the January 5, 2016 meeting due to the recent resignation of the current Finance Director. It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember Murray to continue the item to the January 5, 2016 City Council meeting. Motion carried: 5-0 7. 2016 LOCAL APPOINTMENTS LIST Prior to December 31st of each year, the Maddy Act requires municipal agencies to prepare and post a listing of all Commission/Committee vacancies for the upcoming year. City Council/Housing Authority December 15, 2015 Meeting Minutes Page 4 of 10 Recommendation: Approve the 2016 Local Appointments List for the Planning, Community Services, and Audit Commissions and post notice as required by law. 8. ADOPT RESOLUTION NO. 15-87 TO ACCEPT IMPROVEMENTS FOR THE FY 2014-15 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP 70014) Construction of the Fiscal Year (FY) 2014-15 Roadway Rehabilitation and Sidewalk Repair Project (CIP 70014) 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. 15-87 accepting the construction of the FY 2014-15 Roadway Rehabilitation and Sidewalk Repair Project (CIP 70014); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 15-87 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 FY 2014-15 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP 70014) 9. HOUSING SUCCESSOR AGENCY ANNUAL REPORT FOR FISCAL YEAR 2014-2015 In accordance with Senate Bill 341's amendments to Health & Safety Code Section ("HSC") 34176, the Tustin Housing Authority, serving as the Housing Successor Agency to the former Tustin Community Redevelopment Agency, has prepared an annual report for filing with the Tustin Housing Authority Commission and the Tustin City Council. Recommendation: That the Tustin Housing Authority Commissioners take the following actions: 1. Receive and file the Housing Successor Agency Annual Report for Fiscal Year ("FY") 2014-2015 and transmit such report to the Tustin City Council. That the City Council take the following actions: 1. Receive and file the Housing Successor's Annual Report for FY 2014 - City Council/Housing Authority December 15, 2015 Meeting Minutes Page 5 of 10 2015. 2. Direct that a copy of the Housing Successor Agency Annual Report be posted on the City of Tustin's website at www.tustinca.org REGULAR BUSINESS ITEM 10 10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1465 Ordinance No. 1465 amends Chapter 7 of Article 9 of the Tustin City Code (TCC) providing new standards for water efficient landscapes. It was moved by Councilmember Puckett and seconded by Mayor Pro Tem Bernstein to have second reading by title only and adoption of Ordinance No. 1464 (roll call vote). Motion carried: 4-1 (Mayor Nielsen dissenting) ORDINANCE NO. 1465 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 7 OF ARTICLE 9 OF THE TUSTIN CITY CODE REGARDING WATER EFFICIENT LANDSCAPES OTHER BUSINESS/COMMITTEE REPORTS CITY MANAGER JEFFREY C. PARKER Thanked Pamela Arends-King for the great job she has done as Finance Director and Treasurer; her leadership and dedication has been invaluable; requested to recognize her formally at an upcoming City Council meeting CITY ATTORNEY DAVID E. KENDIG Congratulated Pamela Arends-King; wished all a happy holiday season COUNCILMEMBER PUCKETT Read a letter from the Tustin Community Foundation which thanked the City Council for allowing them to have a stand at the Tree Lighting ceremony; the proceeds of $550 was donated to the Tustin Family Youth Center Holiday Basket Program December 3 o Attended the Women in Transportation 2015 Scholarship Gala with his wife Donna City Council/Housing Authority December 15, 2015 Meeting Minutes Page 6 of 10 December 4 o Attended a California Apartment Association Breakfast December 6 o Attended the Menorah Lighting at the Tustin Library Courtyard; former Los Angeles Dodger Shawn Green was in attendance December 9 & December 10 o Rode the Santa Sleigh with his wife Donna; announced that he has one more trip on December 16; congratulated Chief Celano and the Police Department for the program, which is greatly appreciated by the community and very unique to Tustin Attended the Transportation Corridor Agencies Board of Directors meeting nt=rt=mhPr 19 o Attended the Orange County Rescue Mission's "Magic at The Mission" event; thanked the Tustin Police Department, Tustin Auto Center President John Patterson, Mark Parkinson and Linda Rose for coordinating COUNCILMEMBER GOMEZ NnvPmhPr 1 q o Attended the Mayor's Thanksgiving Prayer Breakfast hosted by the Tustin Community Foundation; congratulated all of the grant recipients o Attended the Senior Advisory Board of Directors meeting: • Discussed the Senior Santa Project • Discussed purchasing new chairs for the center • The Volunteer Potluck was held on December 14, 2015 o The Santa Ana River Flood Protection Agency held a meeting; received an update on the funding and the projects along the 91 freeway o Attended the Enderle Center Tree Lighting ceremony November 20 o Attended the inaugural High School Film Festival at the Tustin Marketplace Community Center; this event was suggested last year by the Council Ad Hoc Committee and it is nice to see the project come into fruition; thanked the Parks & Recreation Department for their support December 4 o Attended the Tree Lighting; thanked the Parks & Recreation Department for making this a fun community event December 9 o Attended the Tustin Chamber Breakfast to honor the Police Officer of the Month; Foothill High School Dickens Carolers provided the entertainment City Council/Housing Authority December 15, 2015 Meeting Minutes Page 7 of 10 December 12 o Attended the Community Talent Show which was very enjoyable and a nice showcase for some talented youngsters as well as some seasoned performers ninramhar 'I r, o Met with Senior Center Supervisor Marilyn Buescher and SeniorSery to identify a way to support our seniors in a more efficient manner; a follow-up to the comment made in November regarding seniors being on the waitlist for home delivered meals; will be pursuing this more to find a better mechanism to assist seniors when they need services Wished all a great holiday season Thanked Pamela Arends-King for her service as Finance Director and City Treasurer COUNCILMEMBER MURRAY Attended the Orange County Transportation Authority Board of Directors meeting Attended the Association of California Cities, Orange County Board of Directors meeting nPr.PmhPr R o Attended the Menorah Lighting at the Tustin Library Courtyard; former Los Angeles Dodger player Shawn Green was in attendance; the event was very nice; thanked City staff Announced that oldest daughter Lilly received an award from the Tustin -Santa Ana Soroptimist Club for her academics, sports, and community involvement Announced that youngest daughter Emily received an award from Ladera Elementary School for Outstanding Achievement in Science Thanked staff and City employees for a great year; wished everyone happy holidays and a happy new year Wished Mayor Nielsen a happy early birthday MAYOR PRO TEM BERNSTEIN nPr.PmhPr 9 o Attended the Newport Bay Watershed Committee meeting; discussed the Integrated Regional Water Management Program; announced that the Santa Ana Watershed Project is in charge of distributing grant money for local water projects and invited all to visit the website City Council/Housing Authority December 15, 2015 Meeting Minutes Page 8 of 10 December 3 o Invited by The Abeloves to attend a Rotary Club meeting; guest speaker was Lela Gilbert author of "Saturday People, Sunday People"; encouraged all to read her book; thanked The Abeloves for the invitation Participated in the interviewing process for the District Manager at the Orange County Vector Control District; mentioned the current District Manager Mike Hearst is retiring December 6 o Attended the Menorah Lighting, sponsored by Rabbi Shuey Eliezrie and the Chabad of Tustin; met Shawn Green; thanked The Abeloves for helping sponsor the event ninramhar Q o Attended the Orange County Local Agency Formation Committee meeting; provided an update on Sewer Area 7 Attended the Association of California Cities, Orange County and the Orange County Business Council holiday reception Attended the Water Advisory Committee of Orange County meeting; discussed EI Nino and encouraged all to visit the website December 12 o Attended the Orange County Rescue Mission's "Magic at The Mission" event o Judged the first inaugural Tustin Community Talent Show; thanked Director David Wilson and the Parks and Recreation Department o Attended the Huntington Beach Boat Parade December 14 o Spent the holidays with Pat Buttress at her holiday party Thanked Pamela Arends-King for her insight and dedication as Finance Director and Treasurer Announced that it has been a distinct honor and privilege to serve alongside outgoing Mayor Puckett Wished all a happy and belated Hanukkah; a Merry Christmas and a Happy New Year MAYOR NIELSEN Thanked Pam Arends-King for the job she has done as Finance Director and Treasurer; wished her all the best in Union City City Council/Housing Authority December 15, 2015 Meeting Minutes Page 9 of 10 December 2 o Attended the Orange County Sanitation District Operations Committee meeting: • Discussed the Gisler -Red Hill Sewer Project • Approved a contract for digester cleaning • Discussed the audit report of the annual Sewer System Management Plan December 3 o Attended the City Employee Appreciation Event at Bowlmor; thanked City staff for everything they do all year long nt=rt=mhPr A o Attended the Christmas Tree Lighting ninramhar R o Attended the Menorah Lighting; had the pleasure of lighting the main candle with a 98 -year-old woman December 9 o Attended the Orange County Sanitation District Administrative Committee meeting; reapproved the Investment Policy ninramhar in o Attended the Association of California Cities, Orange County and Third District Supervisor Todd Spitzer's holiday party December 12 o Attended the Orange County Rescue Mission's "Magic at The Mission" event o Judged the Community Talent Show; announced the top three will be recognized at a future City Council meeting Thanked Rod for his hospitality at the Huntington Beach Boat Parade, which was a lot of fun December 15 o Interviewed by two Pioneer Middle School students regarding gun control Mentioned that the Mayor's Goals for 2016 will be announced at the first City Council meeting in 2016. Thanked George Vallevieni for his service to the Santa Sleigh Program Wished everyone a Merry Christmas and a belated happy Hanukkah ADJOURNED at 7:39 p.m. The next meeting is scheduled for Tuesday, January 5, 2016 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 December 15, 2015 Meeting Minutes Page 10 of 10