HomeMy WebLinkAbout02 CC MINUTES 1.5.16CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY •
AND SPECIAL CLOSED SESSION '
Dr. Allan Bernstein, Mayor Pro Tem
Rebecca Gomez, Councilmember
Al Murray, Councilmember
Charles E. Puckett, Councilmember
Agenda Item 2
Reviewed:
City Manager ENR
Finance Director N/A
JANUARY 5, 2016
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
Jeffrey C. Parker, City Manager
John Nielsen, Mayor David E. Kendig, City Attorney
Erica N. Rabe, City Clerk
Pamela Arends-King, City Treasurer
CLOSED SESSION MEETING
OF THE CITY COUNCIL
67K1l a►Ti 1
CALL TO ORDER — Meeting #2382 at 5:34 p.m.
ATTENDANCE
Present: Mayor John Nielsen, Mayor Pro Tem Dr. Allan Bernstein and
Councilmembers Rebecca Gomez, Al Murray and Charles E. Puckett
Absent: None
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 January 5, 2016
Meeting Minutes Page 1 of 10
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: Sacramento Superior Court Case No. 34-2015-80002046
CU-WM-GDS
SPECIAL CLOSED SESSION MEETING
5:30 P.M.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code §
54956.8] - Two Cases
1. Property
430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
Address/Description
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 of Economic
Development
Negotiating Parties
OliverMcMillan Tustin Legacy Inc.
Under Negotiation
Price and Terms of Payment
2. Property
430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 62, 63,
Address/Description
64, 65, 66, 67, 68
Agency
City of Tustin
City Negotiators
Jeffrey C. Parker, City Manager and John
Buchanan, Deputy Director of Economic
Development
Negotiating Parties
Pacific Coast Investors
Under Negotiation
Price and Terms of Payment
Recessed at 5:35 p.m.
Reconvened at 7:05 p.m.
City Council/Housing Authority January 5, 2016
Meeting Minutes Page 2 of 10
REGULAR MEETING OF
THE CITY COUNCIL AND HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2382 at 7:05 p.m.
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE —
American Legion
ROLL CALL — City Clerk
Present: Mayor John Nielsen, Mayor Pro Tem Dr. Allan Bernstein and
Councilmembers Rebecca Gomez, Al Murray and Charles E. Puckett
Absent: None
City Clerk: Erica N. Rabe, City Clerk
Others Present: David E. Kendig, City Attorney and Jeffrey C. Parker, City Manager
ORAL COMMUNICATION/PUBLIC INPUT —
1. Michael Cox
2. Jim Gominsky
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
PRESENTATIONS —
❖ Director of Parks and Recreation David A. Wilson provided background information
on the City of Tustin's High School Film Festival, introduced the 1St Place Winner
Filmmaker Jaxon Schriever. The short film "Seeing Red" was shown followed by
Mayor Nielsen presenting a Certificate of Recognition to Jaxon Schriever.
❖ Mayor Nielsen presented a Certificate of Recognition to Pedro Bahena for his heroic
actions on December 5, 2014.
❖ Mayor Nielsen provided a PowerPoint presentation on his 2016 goals.
City Council/Housing Authority January 5, 2016
Meeting Minutes Page 3 of 10
CONSENT CALENDAR ITEMS 1-8
It was moved by Councilmember Puckett and seconded by Mayor Pro Tem Bernstein to
pull Item No. 5 and Item No. 8 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
Motion: 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 DECEMBER 15, 2015.
Motion: That the City Council and Housing Authority approve the Action
Minutes of the Regular Meeting of the City Council held on December 15, 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.
Motion: Approve Payroll in the amount of $683,126.43 and Demands in the
amount of $1,176,253.24.
4. JUDICIAL FORECLOSURE FOR PARCEL LOCATED WITHIN COMMUNITY
FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES)
Approval by the City of Tustin is requested to authorize judicial foreclosure of
delinquent special taxes, including penalties, and interest in Community
Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) ("CFD 06-1")
Motion: That the City Council adopt Resolution No. 16-05.
RESOLUTION NO. 16-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES),
ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL TAXES
PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1992,
City Council/Housing Authority January 5, 2016
Meeting Minutes Page 4 of 10
AND ORDERING THAT THE TAX COLLECTOR BE CREDITED WITH THOSE
SPECIAL TAXES, AND AUTHORIZING RELATED ACTIONS
5. TUSTIN RESPONSE TO DRAFT INITIAL STUDY/ENVIRONMENTAL
ASSESSMENT FOR THE SR -55 WIDENING PROJECT (1-405 TO 1-5)
Tustin City Council concurrence is requested for the City of Tustin's (the City)
response to the Draft Initial Study/Environmental Assessment (IS/EA) for the
State Route 55 (SR -55) Improvement Project between Interstate 405 (1-405)
and Interstate 5 (1-5). The proposed project would widen a four (4) mile
segment of SR -55 in both directions. The purpose of the proposed project is to
provide congestion relief, improve traffic flow, and increase mobility on SR -55.
City Manager Jeffrey C. Parker provided an update and recommendation to
revise the response letter.
It was moved by Councilmember Murray and seconded by Councilmember
Puckett to direct staff to forward the response letter with the minor modifications
as recommended by City Manager Jeffrey C. Parker to the California
Department of Transportation (Caltrans).
Motion carried: 5-0
6. INVESTMENT SUBCOMMITTEE STIPEND
On a monthly basis, two members of the Audit Commission meet as the
Investment Subcommittee with the Finance Director/City Treasurer to review the
monthly investment activities and investment strategies. The Audit Commission
is requesting a $50 stipend to each Investment Subcommittee member for every
monthly meeting attended.
Motion: That the City Council approve the $50 stipend for each monthly
meeting the Investment Subcommittee members attend.
7. APPOINTMENT OF CITY TREASURER
Due to the resignation of Finance Director/City Treasurer Pamela Arends-King,
the City Manager requested the City Council continue this item at our last
meeting to allow the City Manager to bring back a revised recommendation.
Motion: That the City Council accept the City Manager's recommendation to
continue to re -appoint the Finance Director as the City Treasurer. However,
given that this position will be filled at an interim capacity in the near future, the
recommendation is to appoint the City Manager as Treasurer until such time
that the permanent city Finance Director is appointed. As City Treasurer, the
City Manager shall be responsible for investing City funds in accordance with
the City's Investment Policy that is adopted by the City Council annually.
City Council/Housing Authority January 5, 2016
Meeting Minutes Page 5 of 10
8. WATER CONSERVATION UPDATE - NOVEMBER 2015
As a result of the drought, the City of Tustin is required to provide the State
Water Resources Control Board with data that will be used to determine if the
City is meeting the required 28% conservation target and the various methods
being utilized to ensure compliance with the State's mandates. This report
summarizes the information provided to the State for the month of November
2015 and provides the City Council and the public with general information on
previous and upcoming actions taken by the City.
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember
Murray to receive and file this report.
Motion carried: 5-0
PUBLIC HEARING ITEMS 9-10
9. AUTHORIZATION TO SUBMIT APPLICATION FOR FTA EXPANDED 5310
PROJECTS GRANT FOR ENHANCED MOBILITY OF SENIOR CITIZENS
The Parks and Recreation Services Department is seeking authorization to
submit an application to the California Department of Transportation for Federal
Transit Administration (FTA) Section 5310 Elderly and Disabled Specialized
Transportation Program funds.
Public Input opened at 7:46 p.m.
Public Input closed at 7:46 p.m.; no public comments
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember
Puckett to continue this item to the January 19, 2016 City Council meeting to
allow sufficient time for the public to be informed.
Motion carried: 5-0
10. CODE AMENDMENT 2015-005 AND AMENDMENTS TO ARTICLE 3 OF THE
TUSTIN CITY CODE (ORDINANCE NO. 1466) - MEDICAL MARIJUANA
Draft Ordinance No. 1466 consists of proposed amendments to the Tustin City
Code (TCC) that would expressly prohibit the establishment and operation of
marijuana cultivation, processing, delivery, and distribution activities within the
City.
On December 8, 2015, the Planning Commission adopted Resolution No. 4307,
recommending that the Tustin City Council adopt Ordinance No. 1466.
City Council/Housing Authority January 5, 2016
Meeting Minutes Page 6 of 10
(Applicant: City of Tustin)
Public hearing opened at 7:47 p.m.
Public hearing closed at 7:48 p.m.; no public comments
It was moved by Councilmember Puckett and seconded by Councilmember
Murray to introduce and read by title only Ordinance No. 1466 amending TCC
Sections 9270c and 9297 and amendments to Article 3 of the TCC (General
Business Regulations) to expressly prohibit marijuana cultivation, processing,
delivery, and distribution within the City, and set a second reading at the
January 19, 2016 City Council meeting.
Motion carried: 5-0
ORDINANCE NO. 1466
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SECTIONS 9270C AND 9297
TO EXPRESSLY PROHIBIT MARIJUANA CULTIVATION, PROCESSING,
DELIVERY, AND DISTRIBUTION IN ALL ZONING DISTRICTS.
REGULAR BUSINESS ITEMS 11-13
11. 2016 MAYORAL APPOINTMENTS TO COMMITTEES
Annually, following selection of the Mayor, the Mayor appoints those members
of the City Council who will serve on various City and Regional committees.
It was moved by Councilmember Murray and seconded by Mayor Nielsen to:
1. Confirm the committee appointments as recommended by the Mayor;
and
2. Adopt FPPC Form 806: Agency Report of Public Official Appointments
and direct staff to post on the City's website.
Motion carried: 5-0
12. 2016 COMMISSION VACANCIES
Due to term expirations, staff is requesting that the City Council set a date and
time to conduct interviews to fill vacancies on the Planning Commission and
Community Services Commission.
The Council unanimously scheduled the Commission interviews for Tuesday,
City Council/Housing Authority January 5, 2016
Meeting Minutes Page 7 of 10
March 1, 2016 at 4:00 p.m.
13. CONSULTANT SERVICES AGREEMENT WITH AON RISK INSURANCE
SERVICES WEST, INC. FOR SOLICITATION OF ENVIRONMENTAL
INSURANCE COVERING CERTAIN PROPERTIES AT TUSTIN LEGACY
Request for authorization to execute a Consultant Services Agreement with Aon
Risk Insurance Services West, Inc. for the purposes of marketing and soliciting
proposals for environmental insurance for properties at Tustin Legacy.
Item No. 13 was pulled from the agenda.
OTHER BUSINESS/COMMITTEE REPORTS
CITY MANAGER JEFFREY C. PARKER
Commented on the Water Conservation Update and Dr. Bernstein's report on Item No. 8;
mentioned that the savings earned between November 2014 — November 2015 is 1.7 million
gallons of water saved in Tustin during the month-to-month process, which is significant.
Wished all a Happy New Year
MAYOR NIELSEN
Mentioned that the City of Tustin has done an extraordinary job conserving water by saving
in the 60" percentile; thanked Director of Public Works Douglas S. Stack and staff for making
it happen
CITY ATTORNEY DAVID E. KENDIG
Wished all a Happy New Year
COUNCILMEMBER PUCKETT
Wished all a Happy New Year
Attended the Transportation Corridor Agencies Ad Hoc Committee meeting:
• Discussed a fly -over from the 241 -north to the 91 -east; the project is a few years in
the making but it will be very worthwhile and something to look forward to
Spent time with wife, Donna Puckett; mentioned that they had a nice holiday
City Council/Housing Authority January 5, 2016
Meeting Minutes Page 8 of 10
COUNCILMEMBER GOMEZ
December 18
o Attended the Christmas Luncheon at the Senior Center
Received positive comments from residents in Tustin Meadows regarding the free sand and
sandbags available
Wished all a Happy New Year; glad it was a safe holiday
COUNCILMEMBER MURRAY
Commented on the fly -over that Councilmember Puckett discussed; mentioned that the
Orange County Transportation Authority is involved in the project and is working with the
Transportation Corridor Agencies; a project that Supervisor Todd Spitzer has been
pushing.
Wished all a Happy New Year
January 4
o Attended the Orange County Transportation Authority Executive Board meeting
January 5
o Attended the Orange County Fire Authority Human Resources Committee meeting;
discussed staffing and HR -related issues
o Attended the retirement luncheon for Sergeant Dana Harper, who celebrated 30
years of distinguished service to the Tustin Police Department. Mentioned that
Captain Lewis also recently retired after 30 years; thanked them both for their service.
Shared a quote from Albert Einstein in light of a new and prosperous year — "Learn from
yesterday, live for today, and hope for tomorrow."
MAYOR PRO TEM BERNSTEIN
Commented that the Governor has extended emergency regulations for urban water
conservation. There are many interesting points that can be accessed in depth on the
State Water Board website, in particular, the fact that they are finally going to consider
drought -resistant conservation efforts similar to those in Orange County, who leads the
state and the nation in water conversation.
Mentioned that he and his family had a wonderful holiday; thanked all for best wishes and
sharing of good tide
City Council/Housing Authority January 5, 2016
Meeting Minutes Page 9 of 10
Wished all a Healthy, Happy, and Prosperous New Year
MAYOR NIELSEN
Wished all a Happy New Year
Mentioned that the City is offering residents free fill -your -own sandbags in order to help
property against rain and mud damage; encouraged all to visit the website or call the
Public Works Department for more information
Attended the Orange County Sanitation District Board meeting:
• Approved contracts to do rehabilitation on several aging processing plants
• The Gisler -Red Hill Sewer Project will start up soon; reminded all that the road
and traffic will be impacted by the project
December 17
o Attended Senator John Moorlach's Open House
December 18
o Attended the Christmas Luncheon at the Senior Center; thanked the Foothill High
School Dickens Carolers who were fabulous
Announced that the City will have a Special Meeting on Saturday, January 9th at the Tustin
Library.
ADJOURNED at 8:02 p.m. The next meeting is scheduled for Tuesday, January 19,
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 January 5, 2016
Meeting Minutes Page 10 of 10