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Home My WebLink AboutCC MINUTES 01-19-16 CITY OF TUSTIN REGULAR JANUARY 19, 2016 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER0 0 iC7' 0104 300 CENTENNIAL WAY, TUSTIN i Dr. Allan Bernstein, Mayor Pro Tern 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 Jeffrey C. Parker, City Treasurer MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. 111 CALL TO ORDER — Meeting #2383 at 5:31 p.m. ATTENDANCE Present: Mayor John Nielsen, Mayor Pro Tem Dr. Allan Bernstein and Councilmembers Rebecca Gomez and Al Murray Absent: Councilmember Charles E. Puckett 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: I 1. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION [Government Code § 54956.9(d4)] — Two Cases City Council January 19, 2016 Meeting Minutes Page 1 of 11 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] —Two Cases 3. THREAT TO PUBLIC SERVICES OR FACILITIES [Government Code § 54957(a)] — One Case A. Consultation with Tustin Police Department, Police Chief Recessed at 5:32 p.m. Reconvened at 7:06 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER— Meeting #2383 at 7:06 p.m. INVOCATION — Mayor Nielsen PLEDGE OF ALLEGIANCE — Councilmember Gomez ROLL CALL — City Clerk Present: Mayor John Nielsen, Mayor Pro Tern Dr. Allan Bernstein and Councilmembers Rebecca Gomez and Al Murray Absent: Councilmember Charles E. Puckett 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 took no reportable action. • ORAL COMMUNICATION/PUBLIC INPUT— None PRESENTATION — Director of Parks and Recreation David A. Wilson introduced the Tustin Talent Show Winners. 1St Place Winner Jenny Nguyen performed "Listen" by Beyonce. Mayor Nielsen City Council January 19, 2016 Meeting Minutes Page 2 of 11 presented Certificates of Recognition to the winners: 0 1st Place: o 2nd Place: Jenny Nguyen, "Listen" by Beyonce Macklin Flannery and Mason Wong, "One" by Depapepe 0 3rd Place: Kimberly Anne Pidazo, "Make Me Feel My Love" by Adele CONSENT CALENDAR ITEMS 1-8 It was moved by Councilmember Murray and seconded by Councilmember Gomez 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 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 HELD ON JANUARY 5, 2016. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on January 5, 2016. 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 amounts of $679,947.23 and $1,266,715.39; and Demands in the amount of $3,676,323.18. 4. DESTRUCTION OF RECORDS - HUMAN RESOURCES DEPARTMENT With approval from the City Council and City Attorney, the City's Record Retention/Disposition Schedule permits the destruction of records in accordance with specific criteria. Files pertaining to a number of closed liability claims have been identified as meeting the criteria for destruction. Motion: Adopt Resolution No. 16-06, authorizing the destruction of certain City Council January 19, 2016 Meeting Minutes Page 3 of 11 records in possession of the Human Resources Department. RESOLUTION NO. 16-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS IN POSSESSION OF THE HUMAN RESOURCES DEPARTMENT 5. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the third quarter of 2015. The average noise level measured at Tustin's monitoring station (NMS 10N), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior quarters during this third quarter reporting period. Average noise levels during the third quarter remained well below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Motion: That the City Council receive and file this report. 6. SUCCESSOR AGENCY APPROVAL OF AN AMENDED ADMINISTRATIVE BUDGET AND AUTHORIZATION TO ENTER INTO A TENTH AMENDED AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY FOR ADMINISTRATIVE SUPPORT Successor Agency approval is requested of an amended Administrative Budget and authorization for the City and Successor Agency to enter into a Tenth Amended Agreement for reimbursement of administrative support. Motion: 1. It is recommended the City Council approve and authorize the City to enter into a Tenth Amended Agreement for Reimbursement of Costs and City/Successor Agency Operations Loan with the City acting as Successor Agency to the Tustin Community Redevelopment Agency. 2. It is recommended the City, acting as the Successor Agency to the Tustin Community Redevelopment Agency ("Successor Agency"), take the following actions: A. Approve the attached amended Administrative Budget pursuant to California Health and Safety Code (HSC) Section 34177(j). Should any subsequent modifications be determined necessary, the City Manager and/or Finance Director, or their authorized designee, shall be authorized to make augmentation, modification, additions, or revisions as may be necessary subject to Oversight Board approval. City Council January 19, 2016 Meeting Minutes Page 4 of 11 B. Approve and authorize the Successor Agency to enter into an ' Agreement for Reimbursement of Costs and City/Successor Agency Operations Loan with the City for reimbursement of costs incurred by the City to support Successor Agency operations, obligations consistent with the Administrative Budget approved by the Successor Agency. The Successor Agency shall also be authorized to enter into any agreements necessary to provide administrative support services as identified in the Administrative Budget attached hereto. 7. ADOPT RESOLUTION NO. 16-03 TO APPROVE CITY'S COMMITMENT TO PROJECTS SUBMITTED FOR INCLUSION IN THE 2017 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM City Council adoption of Resolution No. 16-03 will certify that the City has resources to fund projects submitted for inclusion in the 2017 Federal Transportation Improvement Program (FTIP) and affirms its commitment to implement all projects in the program. The FTIP is a capital listing of all transportation projects proposed over a six-year period. Motion: That the City Council adopt Resolution No. 16-03 certifying and affirming its commitment to have the resources to fund the projects submitted for inclusion in the 2017 Federal Transportation Improvement Program. RESOLUTION NO. 16-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN WHICH CERTIFIES THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED IN THE FFY 2016/17 - 2021/22 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM 8. BROKERAGE SERVICES AGREEMENT WITH AON RISK INSURANCE SERVICES WEST, INC. FOR SOLICITATION OF ENVIRONMENTAL INSURANCE COVERING PROPERTIES AT TUSTIN LEGACY Request for authorization to execute a Brokerage 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. Motion: That the City Council authorize the City Manager to execute a Brokerage Services Agreement with Aon Risk Insurance Services West, Inc. for the purpose of marketing and soliciting proposals for environmental insurance covering properties at Tustin Legacy, subject to any non-substantive modifications as may be deemed necessary and/or recommended by the City Attorney. City Council January 19, 2016 Meeting Minutes Page 5 of 11 PUBLIC HEARING ITEM 9 111 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 hearing opened at 7:23 p.m. Public hearing closed at 7:23 p.m. with no public comments It was moved by Mayor Pro Tern Bernstein and seconded by Councilmember Murray to: 1. Adopt Resolution 16-01 which authorizes staff to apply for Section 5310 grant funds to be used for operating assistance for existing transit service and expansion of transit services and finds that there is no non-profit agency readily available to provide paratransit services for the elderly and disabled in the Tustin area. 2. Adopt Resolution 16-02 which authorizes the Director of Parks and Recreation Services to execute all documents related to the Section 5310 grant application. Motion carried: 4-0 RESOLUTION NO. 16-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING STAFF TO APPLY TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR A FEDERAL TRANSIT ADMINISTRATION SECTION 5310 PROGRAM GRANT RESOLUTION NO. 16-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING EXECUTION OF DOCUMENTS REQUIRED BY CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDS AVAILABLE FOR CAPITAL TRANSPORTATION PROJECTS PURSUANT TO SECTION 5310 OF THE FEDERAL TRANSIT ACT. REGULAR BUSINESS ITEMS 10-11 10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1466 City Council January 19, 2016 Meeting Minutes Page 6 of 11 111 Ordinance No. 1466 amends Tustin City Code (TCC) Sections 9270c and 9297 and Article 3 of the TCC (General Business Regulations) to expressly prohibit marijuana cultivation, processing, delivery, and distribution within the City. It was moved by Mayor Pro Tern Bernstein and seconded by Mayor Nielsen to have second reading by title only and adoption of Ordinance No. 1466 (roll call vote). Motion carried: 4-0 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 11. CONVEYANCE OF SUCCESSOR AGENCY PROPERTIES BY QUITCLAIM DEED TO THE CITY OF TUSTIN Successor Agency to the Tustin Community Redevelopment Agency ("Successor Agency") approval is requested to convey title to three (3) properties by Quitclaim Deed to the City of Tustin. The properties are identified as follows: 1. 450 El Camino Real (APN: 401-622-10): Old Town Respite Park 2. 445 C Street, #1 (APN: 933-761-04): Stevens Square Parking Structure 3. 1021 Edinger Avenue (APN: 430-252-05) and 15012 Newport Avenue (APN: 430-252-06): future Newport Avenue Extension It was moved by Councilmember Murray and seconded by Councilmember Gomez to: 1. It is recommended the City Council, acting as the Successor Agency, authorize the conveyance of title to three (3) properties by Quitclaim Deed to the City and authorize the Executive Director to execute the Deeds; and 2. It is recommended the City Council accept the Quitclaim Deeds and authorize the City Manager to execute the Certificate of Acceptances. City Attorney David E. Kendig corrected the recommendation to omit "acting as ' the Successor Agency" from Item No.1. It was moved by Councilmember Murray and seconded by Councilmember City Council January 19, 2016 Meeting Minutes Page 7 of 11 Gomez to amend the motion to include the correction as suggested by City Attorney David E. Kendig. Motion carried: 4-0 OTHER BUSINESS/COMMITTEE REPORTS COUNCILMEMBER GOMEZ January 7 Attended the Orange County Library Advisory Board meeting: o The Special Task Force Committee to review library hours and days of operation will provide their recommendation to the Finance Committee in a couple of months o Elections were held for Committee Members and the Executive Board; was re-elected as Chair o Announced a "save the date" for Literary Orange 2016 on April 2nd, more information will be provided in the next few weeks January 8 Attended the Orange County Senior Advisory Council meeting: o Discussed the elderly nutrition report; the intent is to improve communication between cities and Meals on Wheels and identify seniors who need services immediately; trying to establish a city liaison to help with case management o Veterans can have a Veteran Designation on their license; more information can be found at the Orange County Veterans Office o Over 1,000 gift cards were donated by the Senior Advisory Council for homeless veterans in lieu of the December gift exchange o There are some upcoming changes to Social Security, more information will follow and there will be a presentation in March open to the public sponsored by the American Association of University Women January 12 Celebrated Captain Steve Lewis' retirement; best wishes to him and his family January 13 Attended the Tustin Chamber Breakfast; Rosalind Henderson was the speaker and discussed leadership skills January 14 Attended a special event at the Tustin Library to celebrate Diversity Day, author of "I am Jazz" Jessica Herschel provided a brief presentation and read her book City Council January 19, 2016 Meeting Minutes Page 8 of 11 COUNCILMEMBER MURRAY January 6 Attended a swearing-in ceremony for Police Sergeant Chris Gerber and several other new employees in the Tustin Police Department January 8 Attended the Tustin Police Department Awards Ceremony; congratulated Chief Delano on an outstanding event January 9 Attended the Strategic Plan Update Workshop January 11 Attended a luncheon for Pam Arends-King; wished her well in her new ventures January 12 Attended the retirement luncheon for Captain Steve Lewis January 13 Attended the Tustin Chamber Breakfast January 7, January 11, and January 13: Attended several regional board meetings for the Orange County Fire Authority and Orange County Transportation Authority: o Orange County Fire Authority is in the process of looking at upcoming labor negotiations, which will be very busy o Orange County Transportation Authority is considering changing some of the bus schedules to increase ridership; encouraged anyone with concerns to attend the public workshop and visit the website for more information Reflected on Martin Luther King Day, a very important time for the community to consider what he did for our country and hopefully set the stage moving forward for working collectively and better together. MAYOR PRO TEM BERNSTEIN January 8 Attended the Tustin Police Department Awards Ceremony at the Marconi Automotive Museum; congratulated all the nominees January 9 Attended the Strategic Plan Update Workshop; thanked staff for their efforts; looking forward to implementing the strategies that were put forth January 13 City Council January 19, 2016 Meeting Minutes Page 9 of 11 Attended the Tustin Chamber Breakfast; congratulated the Police Officer of the Month January 15 Attended the Golden Football Ceremony at Tustin High School; DeShaun Foster, a graduate of Tustin High, presented the award on behalf of the National Football League Reflected on Martin Luther King Day and what he stood for throughout his life; encouraged all to become familiar. Proud to mention that Dr. King was a graduate of Boston University Seminary, his alma mater. Wished Councilmember and former Mayor Chuck Puckett a speedy recovery MAYOR NIELSEN January 6 Attended the Orange County Sanitation District Operations Committee meeting: o Approved the rehabilitation of the entire Western Regional Sewers, which will cost $112 million dollars. Mentioned that the Western Regional Sewers do not reach Tustin, however, traffic will be coordinated to avoid certain areas at peak times on Red Hill. January 8 Attended the Tustin Police Department Awards Banquet; thanked the Police Department and Chief Celano for the incredible job they do January 9 Attended the Strategic Plan Update Workshop; provided direction on some ongoing issues and staff will report back January 13 Attended the Tustin Chamber Breakfast EVENT ANNOUNCEMENTS o Community Workshop#3 for the Downtown Commercial Core Plan January 28, 2016 at 6:00 p.m. — 8:00 p.m. Tustin Community Center at the Marketplace o Mayor's Annual Dinner hosted by the Tustin Community Foundation January 29, 2016 at 5:30 p.m. Tustin Ranch Golf Club • City Council January 19, 2016 Meeting Minutes Page 10 of 11 ADJOURNED IN MEMORY OF HENRY "HANK" NUNEZ ADJOURNED at 7:41 p.m. The next meeting is scheduled for Tuesday, February 2, 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. OH NIE'SEN, ERICA N. RAB , Mayor City Clerk 1 111 City Council January 19, 2016 Meeting Minutes Page 11 of 11