HomeMy WebLinkAbout02 CC MINUTES 2.2.16CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
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
FEBRUARY 2, 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
Jeffrey C. Parker, City Treasurer
MINUTES OF THE CLOSED SESSION MEETING
OF THE CITY COUNCIL
67M V10 kT, I
CALL TO ORDER — Meeting #2384 at 5:18 p.m.
ATTENDANCE
Present: Mayor John Nielsen, Mayor Pro Tem Bernstein and Councilmember
Charles E. Puckett
Absent: Councilmember Rebecca Gomez and Al Murray
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 February 2, 2016
Meeting Minutes Page 1 of 12
2. CONFERENCE WITH LEGAL COUNSEL - EXPOSURE TO LITIGATION
[Government Code § 54956.9(d2)] - Two Cases
3. LIABILITY CLAIMS [Government Code § 54956.95] - One Case
a. Claim of Catherine and Thomas Dupont, Claim No. 15-23
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code §
54956.8] - Two Cases
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 430-271-41, 42, 43, 44, 45, 46, 47, 60, 61, 62, 63,
Address/Description 64, 65 (portion of), 66, 67, 68, 69, 70 (portion of)
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager and John
Buchanan, Deputy Director of Economic
Development
Negotiating Parties Lincoln Property Company Commercial
Under Negotiation Price and Terms of Payment
Recessed to Closed Session at 5:20 p.m.
Councilmember Murray arrived at 5:21 p.m.
Councilmember Gomez arrived at 5:35 p.m.
Reconvened to the Regular Meeting at 7:15 p.m.
City Council February 2, 2016
Meeting Minutes Page 2 of 12
MINUTES OF THE REGULAR MEETING OF
THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2384 at 7:15 p.m.
INVOCATION — Councilmember Puckett
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Bernstein
ROLL CALL — City Clerk
Present: Mayor John Nielsen, Mayor Pro Tem Bernstein, 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
CLOSED SESSION REPORT
unanimously denied Claim No.
action.
PRESENTATIONS —
— City Attorney David E. Kendig: The City Council
15-23; other than that, the City Council took no reportable
Mayor Nielsen presented a Proclamation to Retired Chief David Maggard Jr., City of Irvine in
honor of his retirement.
Mayor Nielsen presented a Proclamation to William L. Vanderwerff, East Orange County
Water District in honor of his retirement.
ORAL COMMUNICATION/PUBLIC INPUT —
1. John Garner
2. Ben Rejniak
3. German Santos
City Council February 2, 2016
Meeting Minutes Page 3 of 12
CONSENT CALENDAR ITEMS NO. 1-5
It was moved by Councilmember Puckett and seconded by Councilmember Murray 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
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 19, 2016.
Motion: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on January 19, 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 obligations that are in accordance with
the approved budget or continued operations authorizations.
Motion: Approve Payroll in the amount of $658,102.64 and Demands in the
amount of $3,200,547.97.
4. CITY OF TUSTIN COMMUNITY DEVELOPMENT 2015 YEAR IN REVIEW
Throughout the year, staff provides the City Council with a status of projects that
the Planning Commission, Zoning Administrator, or Community Development
Director approved; major improvement projects; and other items of interest. The
Community Development Department's 2015 Year in Review summarizes the
Community Development Department's activity throughout 2015 including
discretionary permits processed and approved (i.e. Conditional Use Permits,
Design Reviews, Subdivision Maps, etc.), major accomplishments for various
functional areas within the Department, Code Enforcement activities, and
Building Division activities.
Motion: That the City Council receive and file the repot.
5. WATER CONSERVATION UPDATE — DECEMBER 2015
City Council February 2, 2016
Meeting Minutes Page 4 of 12
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 December
2015 and provides the City Council and the public with general information on
previous and upcoming actions taken by the City.
Motion: That the City Council receive and file this report.
PUBLIC HEARING ITEM NO. 6
6. GENERAL PLAN AMENDMENT 2015-01, TENTATIVE PARCEL MAP 2015-
139, DESIGN REVIEW 2015-10, CONDITIONAL USE PERMIT 2015-21
Director of Community Development Elizabeth A. Binsack provided a
PowerPoint presentation.
The proposed project is a request to construct a four (4) unit condominium
complex consisting of two (2) buildings comprising 5,154 square feet total on an
8,500 square foot lot. The applicant has applied for General Plan Amendment
(GPA) 2015-01 to change the General Plan Land Use Designation from
Community Commercial (CC) to High Density Residential (HDR). An application
for Design Review (DR) 2015-10 has been submitted to evaluate the aesthetics
of the proposed project while Conditional Use Permit (CUP) 2015-21 and
Tentative Parcel Map (TPM) 2015-139 are required for the condominium
development.
On January 12, 2016, the Planning Commission adopted Resolution Nos. 4303,
4304, and 4305, recommending that the Tustin City Council find that the
Negative Declaration is adequate for the project and approve the proposed
project entitlements.
Public hearing opened at 7:42 p.m.
Public hearing closed at 7:43 p.m. with no public input
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember
Murray that the City Council:
1. Adopt Resolution No. 16-09 finding that the Negative Declaration is adequate
for GPA 2015-01, TPM 2015-139, DR 2015-10 and CUP 2015-21 for the
proposed project.
City Council February 2, 2016
Meeting Minutes Page 5 of 12
2. Adopt Resolution No. 16-10 approving GPA 2015-01 to change the property's
General Plan Land Use Designation from Community Commercial (CC) to High
Density Residential (HDR).
3. Adopt Resolution No. 16-11 approving TPM 2015-139, DR 2015-10 and CUP
2015-21 to subdivide the existing parcel for condominium purposes to
accommodate the construction of four (4) residential dwelling units.
Motion carried: 5-0
RESOLUTION NO. 16-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA ADOPTING THE NEGATIVE DECLARATION FOR GENERAL
PLAN AMENDMENT 2015-01, TENTATIVE PARCEL MAP 2015-139, DESIGN
REVIEW 2015-10, AND CONDITIONAL USE PERMIT 2015-21 TO CHANGE
THE GENERAL PLAN LAND USE DESIGNATION FROM COMMUNITY
COMMERCIAL (CC) TO HIGH DENSITY RESIDENTIAL (HDR) AND
SUBDIVIDE AN EXISTING PARCEL LOCATED AT 1051 BONITA STREET
FOR CONDOMINIUM PURPOSES TO ACCOMMODATE THE
CONSTRUCTION OF FOUR (4) DWELLING UNITS
RESOLUTION NO. 16-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 2015-01 TO
CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM
COMMUNITY COMMERCIAL (CC) TO HIGH DENSITY RESIDENTIAL (HDR)
FOR THE PROPERTY LOCATED AT 1051 BONITA STREET
RESOLUTION NO. 16-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING TENTATIVE PARCEL MAP 2015-139, DESIGN REVIEW 2015-
10, AND CONDITIONAL USE PERMIT 2015-21 AUTHORIZING THE
SUBDIVISION OF AN EXISTING 8,500 SQUARE FOOT LOT CONSISTING OF
ONE (1) NUMBERED LOT FOR THE DEVELOPMENT OF FOUR (4)
CONDOMINIUM RESIDENCES LOCATED AT 1051 BONITA STREET
REGULAR BUSINESS ITEMS 7-8
7. REQUEST FOR APPROPRIATION AND AUTHORIZATION TO EXECUTE A
CONSULTANT SERVICES AGREEMENT FOR RED HILL CORRIDOR
SPECIFIC PLAN
City Manager Jeffrey C. Parker provided a verbal presentation.
The Community Development Department is requesting appropriation of funds
City Council February 2, 2016
Meeting Minutes Page 6 of 12
and authorization to execute a consultant services agreement for the Red Hill
Corridor Specific Plan (RCSP) and other associated costs.
It was moved by Councilmember Puckett and seconded by Councilmember
Gomez to authorize the appropriation of $500,000 from the General Fund and
authorize the Community Development Director to enter into a contract with
Kimley-Horn to prepare RCSP and other associated costs.
Motion carried: 5-0
8. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED
JUNE 30, 2015
Acting Director of Finance Matthew S. West provided a PowerPoint
presentation.
The City engages an independent certified public accounting firm to complete
an annual audit of the City's financial records. There are a number of reports
such as the Comprehensive Annual Financial Report (CAFR), produced as a
result of the annual audit and there are actions that are required by the City's
governing board (City Council) to meet the requirements of various auditing
standards, such as meeting with the auditing firm that conducted the audit to
discuss the audit and internal control issues.
It was moved by Mayor Pro Tem Bernstein and seconded by Mayor Nielsen to:
1. Receive and file the CAFR for the year ended June 30, 2015.
2. Discuss the audit and internal controls with the independent certified public
accounting firm, White Nelson Diehl Evans LLP, who conducted the audit.
Motion carried: 5-0
OTHER BUSINESS/COMMITTEE REPORTS
COUNCILMEMBER PUCKETT
Announced that it is great to be back and healthy after spending two days at St. Joseph's
Hospital
Attended several Transportation Corridor Agency meetings
Attended an Eagle Scout Court of Honor; mentioned that Mayor Nielsen was in attendance
City Council February 2, 2016
Meeting Minutes Page 7 of 12
January 29
Attended the Mayor's Inaugural Dinner; congratulated Mayor Nielsen on a very fine dinner
Announced that Saturday, February 6th at 9:30 a.m. is the Boys & Girls Club Paper Football
Challenge at the District which is sponsored by Chick-Fil-A, thanked Peter Brakke for his
involvement.
COUNCILMEMBER GOMEZ
January 20
Attended the League of Woman Voters luncheon; the speaker was Orange County Senior
Assistant Public Defender Martin Schwarz, who currently supervises the offices operations
in juvenile justice; discussed community-based solutions as an alternative to incarceration
January 28
• Attended the Senior Advisory Board meeting:
o The Tustin Family Youth Center distributed over 250 holiday baskets for
families and seniors
o Received an update regarding transportation grants: A grant of $153,000
was awarded for two busses, which will be delivered in October or
November, and another grant of $124,000 was received to help fund two full
time drivers
o The Senior Center will be holding a Talent Show on March 14th; auditions
will be held on Thursday, March 3rd from 2:00 pm — 4:00 pm
o Announced save the dates for the Sweetheart Luncheon on February 11th
the St. Patrick's Day Lunch on March 17th, the Spring Brunch on March 25th
and Casino Night on April 15th with a "Roaring 20's" theme
• Attended the Santa Ana River Flood Protection Agency Executive Committee
meeting; reviewed and discussed a proposal for the financial audit and received a
report from the Washington D.C. advocate Jim McConnell regarding federal funding
for the Santa Ana River Mainstem and Westminster Watershed Projects
January 28
Attended the Community Workshop for the
participants for their feedback and input
Downtown Commercial Core Plan; thanked
January 30
Attended the American Association of University Woman Legal Advocacy Fund luncheon;
the speaker was Jane Stoever, Director of the University of California, Irvine Domestic Legal
Clinic
Announced that Literary Orange 2016, sponsored by the Orange County Library, will be on
Saturday, April 2nd from 8:00 a.m. — 4:00 p.m.; tickets are $65.00 and include breakfast,
lunch, and admission to the book signings and author panels; more information can be found
at literaryorange.org
City Council February 2, 2016
Meeting Minutes Page 8 of 12
Announced that she was unable to attend the Mayor's Inaugural Dinner due to work
commitments.
Requested that the 2015 Community Development Year in Review be placed on the website
for the public to see various projects taking place throughout the City.
COUNCILMEMBER MURRAY
January 20
Attended the Los Angeles -San Diego -San Luis Obispo (LOSSAN) Rail Corridor Board
meeting
January 21
Attended the Association of California Cities - Orange County Water Committee meeting,
chaired by Dr. Bernstein, and the Human Resources/Pension Committee meeting
January 25
• Attended the Orange County Transportation Authority Board meeting
• Attended the Building Industry Association - Orange County Chapter Outlook 2016;
the speakers were Executive Director Scott Stowell of CalAtlantic and Chapman
University Professor Dr. Esmael Adibi
January 28
Attended the Orange County Fire Authority Board meeting
January 29
Attended the Mayor's Inaugural Dinner with wife; Supervisor Todd Spitzer was also in
attendance
February 1
• Attended the Orange County Transportation Authority Executive Committee meeting
• Attended the Orange County Fire Authority special board meting
• Attended the 2nd meeting of the Orange County Trask Force on Drowning Prevention;
the Task Force is making progress on developing recommendations and strategies to
reduce drowning incidents and fatalities in Orange County
Complimented Director of Community Development Elizabeth Binsack on the 2015
Community Development Year in Review
Announced that the month of February is Black History Month; the City of Santa Ana hosts a
parade which will be held on Saturday, February 6th
Announced that the Orange County Fire Authority will be celebrating their 8th annual Best
and Bravest Award's Dinner on Thursday, February 4th
City Council February 2, 2016
Meeting Minutes Page 9 of 12
Announced that the Association of California Cities - Orange County Chief Executive Officer
Lacy Schoen will be stepping down at the end of February to pursue other passions in her
life; Heather Stratman will become the new CEO at the end of the month.
MAYOR PRO TEM BERNSTEIN
January 20
• Greeted students from Fairmont School who viewed a presentation by Director of
Community Development Elizabeth Binsack in the Council Chamber; it was great to
discuss governmental issues and provide insight on how the city works
• Attended a Marconi Automotive Museum ribbon cutting; thanked the Marconi family
for their involvement with the community
January 21
• Chaired the Association of California Cities - Orange County Water Committee
meeting and several items were discussed:
o For December 2015, we were slightly below our mark at 23% of water
conservation numbers; cumulatively, however we remain at 28% which is the
goal and State mandate
o The emergency drought regulations will continue and were recently reviewed
by the State Water Resources Control Board and we are currently in Stage 2
o There is a potential Sustainable Supply Credit available which may reduce our
conservation rates by about 21 %
January 22
Attended the Municipal Water District of Orange County Water Policy Dinner; heard a
presentation from the Chair of the State Water Resources Control Board Felicia Marcus
January 25
Attended the Veterans Advisory Committee meeting; reviewed the success of the Orange
County Stand Down and are currently planning several projects here in the City
Shared a quote in light of International Holocaust Remembrance Day which was January
27t": "The Holocaust, which established the standard for absolute evil, is the universal
heritage of all civilized people" - Our Living Legacy
Announced that the Pictures of Resistance exhibit will be at the Tustin Library March 11 -
March 20 and will feature the history of the partisans who took up arms against the Nazi
regime; more information will be forthcoming.
January 28
Attended the 3rd Community Workshop for the Downtown Commercial Core Plan at the
Tustin Market Place Community Center; it was very successful and staff will continue to
develop the concepts and input discussed
City Council February 2, 2016
Meeting Minutes Page 10 of 12
January 29
Attended the Tustin Area Republican Women Federated dinner; the guest speaker was
Dinesh D'souza who shared very interesting perspectives from his background
January 29
Attended the Mayor's Inaugural Dinner; congratulated Mayor Nielsen on a great event
Announced that the Department of Water Resources increased water deliveries to cities from
10% to 15% due to EI Nino; currently, the snow pack is measured at 120% of average.
Announced that the California Water Commission beings the formal rule-making process for
water storage investment program regulations, which is a response to the water bond
(Proposition 1) that was passed.
Announced that Californians have reduced water usage by 25.5% since June, hitting the
Governor's mandated 25% reduction.
Announced that he was voted as President of the Orange County Mosquito and Vector
Control District Board, serving and representing the City of Tustin.
Announced that the World Health Organization declared an international emergency for the
Zika Virus that is transmitted by mosquito, however, there have been no cases of the Zika
Virus in Orange County; encouraged all to inspect yards and homes for standing water and
visit the exhibit currently at the Discovery Cube.
MAYOR NIELSEN
January 23
Attended an Eagle Scout Court of Honor for Cameron McBride; congratulated Cameron on
his achievement
January 25
Attended the Veterans Advisory Committee meeting; reviewed long-term and short-term
goals, the Orange County Stand Down, and discussed recognizing veterans who resided in
Tustin and gave their life while serving with banners displayed in their honor
January 26
Attended the Oversight Board meeting
January 27
• Attended the Orange County Sanitation District Board of Directions meeting and
several subjects were discussed:
o The local sewer trunk systems are being transferred from Orange County
Sanitation District to either East Orange County Water District or to the Irvine
Ranch Water District; approved an agreement with Irvine Ranch Water District
which will go to the Orange County Local Agency Formation Committee for
City Council February 2, 2016
Meeting Minutes Page 11 of 12
consideration and a final decision
o Approved the rehabilitation of the Western Regional Sewers which is a $112 -
million -dollar project; the sewers do not reach Tustin, however, 5 or 6 cities will
be impacted in the next few months
January 28
• Orange County Sanitation District and Association of California Cities - Orange
County partnered to provide infrastructure tours and an informational event for
members
• Attended the Community Workshop for the Downtown Commercial Core Plan at the
Community Center at the Tustin Market Place; Director Binsack and the Community
Development staff did a great job
January 31
Attended an Eagle Scout Court of Honor for three scouts
February 2
Attended a joint meeting of the Orange County Sanitation District and the Santa Ana
Watershed Project Authority; it was very educational for all who participated
EVENT ANNOUNCEMENTS
o Night of Comedy Presented by the Tustin Exchange Club
February 11, 2016 at 6:30 p.m.
Tustin Ranch Golf Club
o City of Tustin Community Yard Sale
April 23, 2016 from 8:00 a.m. - 12:00 p.m.
Tustin Area Senior Center
o 47th Annual Easter Egg Hunt
March 26, 2016 from 8:30 a.m. - 11:30 a.m.
Tustin Sports Park
ADJOURNED IN MEMORY OF
TIM BROWN
ADJOURNED at 8:23 p.m. The next meeting is scheduled for Tuesday, February 16,
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 February 2, 2016
Meeting Minutes Page 12 of 12