HomeMy WebLinkAbout02 CC MINUTES 4.19.16Agenda Item 2
CITY OF TUSTIN REGULAR APRIL 19, 2016
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
• 300 CENTENNIAL WAY, TUSTIN
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 Jeffrey C. Parker, City Treasurer
CLOSED SESSION MEETING
OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — Meeting #2389 5:38 p.m.
ATTENDANCE
Present: Mayor John Nielsen, Mayor Pro Tem Bernstein, and Councilmembers
Rebecca Gomez, Al Murray and Charles E. Puckett
Absent: None
City Clerk: Erica N. Rabe, City Clerk
Others Present: Jeffrey C. Parker, City Manager; David E. Kendig, City Attorney
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
2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
[Government Code § 54956.9(d2)] — Two Cases
City Council April 19, 2016
Meeting Minutes Page 1 of 12
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Government
Code § 54956.9(a)] - Two Cases
A. Successor Agency to the Tustin Redevelopment Agency, et al. v. Michael
Cohen: Sacramento Superior Court Case No. 34-2015-80002046 CU-WM-
GDS
B. Consideration of request for amicus brief: The Yorba Linda Taxpayers
Association (Petitioners) vs. The Yorba Linda Water District (Respondents),
Superior Court Case No. 30-2016-00829548
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code §
54956.8] - Four Cases
A. 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
B. Property 430-391-12, 430-391-09, 430-381-41, 430-381-43,
Address/Description 430-381-75
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager
Negotiating Parties Tustin Unified School District, represented by Dr.
Gregory Franklin, Superintendent
Under Negotiation Price and Terms of Payment
C. 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
D. Property Tustin Legacy Disposition Package 1 C to include
Address/Description Lots 1, X and Y of Tract Map 17404
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager and John
Buchanan, Deputy Director of Economic
Development
Negotiating Parties Regency Centers, John Meehigan
City Council April 19, 2016
Meeting Minutes Page 2 of 12
Under Negotiation Price and Terms of Payment
5. LIABILITY CLAIMS [Government Code § 54956.95] — One Case
A. Claim No. 16-01 - Hayhurst, Joann (Attorney: Jason D. Cohn)
Recessed at 5:39 p.m.
Reconvened at 7:16 p.m.
REGULAR MEETING OF
THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2389 at 7:16 p.m.
INVOCATION — Councilmember Gomez
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Bernstein
ROLL CALL — City Clerk
Present: Mayor John Nielsen, Mayor Pro Tem Bernstein, and Councilmembers
Rebecca Gomez, Al Murray and Charles E. Puckett
Absent: None
City Clerk: Erica N. Rabe, City Clerk
Others Present: Jeffrey C. Parker, City Manager; David E. Kendig, City Attorney
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council
unanimously denied Claim No. 16-01, Claim of Joann Hayhurst; other than that there was
no reportable action.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Scout Coughran
2. Rebecca Nelson
3. Al Corfield
4. Robert Machado
5. Maureen Homan
City Council April 19, 2016
Meeting Minutes Page 3 of 12
PRESENTATIONS —
o Mayor Nielsen presented a Certificate of Recognition to Alex Western in honor of
being nominated as the Regional Youth of the Year
o Mayor Nielsen presented Certificates of Recognition to Mrs. Minnie's class for their
participation in collecting money for homeless veterans through the Columbus
Tustin Middle School Peer Assistance Leadership (PAL) Program
o Lisa Gray presented awards to Officers Javon Smith and Jeremy Laurich on behalf
of Mothers Against Drunk Drivers (MADD)
o Mayor Nielsen presented a medal to Director of Parks and Recreation Dave Wilson
in honor of the department being inducted into the CPRS District 10 Hall of Fame
o Mayor Nielsen presented a Proclamation to Stephanie Luu in honor of Fair Housing
Month
CONSENT CALENDAR ITEMS 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
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 APRIL 5, 2016
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on April 5, 2016.
3. APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA GAS
COMPANY OVER PORTIONS OF ADJACENT PARCELS ALONG MOFFETT
DRIVE IN TUSTIN LEGACY
Construction of the ongoing Moffett Drive Improvements from Park Avenue to
City Council April 19, 2016
Meeting Minutes Page 4 of 12
Peters Canyon Channel will include installation of Southern California Gas
Company (The Gas Company) gas line and facilities within roadway and
adjacent parcels. It is therefore necessary for the City of Tustin to grant an
easement to The Gas Company for the gas line and facilities and for access
purposes over these adjacent parcels.
Recommendation: That the City Council grant an easement to The Gas
Company over portions of Lots LL and KK of Tract No. 17404 adjacent to
Moffett Drive as shown on the attached easement document exhibit for gas
facilities and access purposes, and authorize the Mayor and City Clerk to
execute the document on behalf of the City.
4. ADOPT RESOLUTION NO. 16-22 TO APPROVE THE SUBMITTAL OF THE
MAIN STREET IMPROVEMENT PROJECT APPLICATION TO THE ORANGE
COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE
BICYCLE CORRIDOR IMPROVEMENT PROGRAM 2016 CALL FOR
PROJECTS
City Council adoption of Resolution No. 16-22 will approve the submittal of an
application for the Main Street Improvement Project to the Orange County
Transportation Authority (OCTA) under the Bicycle Corridor Improvement
Program (BCIP) 2016 Call for Projects. The application will be for funding of the
construction phase of the Main Street Improvement Project.
Recommendation: That the City Council adopt Resolution No. 16-22
approving the submittal of the application to the Orange County Transportation
Authority for the funding of the construction phase of the Main Street
Improvement Project under the Bicycle Corridor Improvement Program 2016
Call for Projects.
RESOLUTION NO. 16-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FOR THE
BICYCLE CORRIDOR IMPROVEMENT PROGRAM FUNDED WITH
CONGESTION MITIGATON AND AIR QUALITY IMPROVEMENT PROGRAM
FUNDING UNDER THE MOVING AHEAD FOR PROGRESS IN THE 21ST
CENTURY AND FIXING AMERICA'S SURFACE TRANSPORTATION
FEDERAL TRANSPORTATION ACT FOR THE MAIN STREET
IMPROVEMENT PROJECT
5. APPROVE THE SUBMITTAL OF THE MEDIAN TURF AND IRRIGATION
REPLACEMENT AND STORM DRAIN RETROFIT PROJECT APPLICATION
TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR
FUNDING UNDER THE TIER 1 ENVIRONMENTAL CLEANUP PROGRAM
City Council April 19, 2016
Meeting Minutes Page 5 of 12
2016 CALL FOR PROJECTS
Staff is requesting the City Council approval of the submittal of an application for
the Median Turf and Irrigation Replacement and Storm Drain Retrofit Project to
the Orange County Transportation Authority (OCTA) under the Tier 1
Environmental Cleanup Program 2016 Call for Projects. The application seeks
for funding of the installation of automatic retractable screens for 24 catch
basins and conversion of select medians from turf and sprinklers to drought
tolerant plants and drip irrigation.
Recommendation: That the City Council approve the submittal of the
application to the Orange County Transportation Authority for the Median Turf
and Irrigation Replacement and Storm Drain Retrofit Project to the Orange
County Transportation Authority (OCTA) under the Tier 1 Environmental
Cleanup Program 2016 Call for Projects.
PUBLIC HEARING ITEM NO. 6
6. FISCAL YEAR 2016-17 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDING ALLOCATION, FISCAL YEAR 2016-17 ACTION PLAN
The Community Development Department is proposing to submit to the U.S.
Department of Housing and Urban Development (HUD) a Program Year (PY)
2016-17 Action Plan (Attachment A), which describes the activities that the City
will undertake during the program year. The Action Plan includes the program
budget for disbursement of Community Development Block Grant (CDBG)
funds. HUD has notified the City that CDBG funding for the Program Year
2016-17 will be $680,478. On February 16, 2016, the City Council held the first
required public hearing to receive public input and testimony, considered and
provided staff with direction on public service performance evaluations for
continued funding; and, set a second required public hearing on April 19, 2016 to
finalize the Program Year 2016-17 Action Plan.
Public hearing opened at 8:05 p.m.
Public hearing closed at 8:05 p.m.
It was moved by Councilmember Puckett and seconded by Councilmember
Murray to adopt Resolution No. 16-20 approving the PY 2016-17 Action Plan and
funding allocations, and authorizing submission of the PY 2016-17 Action Plan to
the U.S. Department of Housing and Urban Development.
Motion carried: 5-0
City Council April 19, 2016
Meeting Minutes Page 6 of 12
It was moved by Councilmember Murray and seconded by Councilmember
Gomez to direct staff to prepare an analysis regarding the citizen participation
process and present options to Council for consideration.
Motion carried: 5-0
RESOLUTION NO. 16-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING THE PROGRAM YEAR 2016-17 ACTION PLAN
AND FUNDING ALLOCATION FOR SUBMISSION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
REGULAR BUSINESS ITEMS 7-9
7. AGREEMENTS FOR NEW COUNTY ANIMAL CARE SHELTER
City Manager Jeffrey C. Parker provided a verbal presentation.
Request for authorization to execute a multi-party Participation Agreement with
the County of Orange and other Orange County cities for construction of the
new animal care shelter at Tustin Legacy, and to execute an Agreement for
Provision of OC Animal Care Services with the County of Orange for on-going
services at the new shelter.
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember
Gomez to:
1. Authorize the City Manager to execute the multi-party Participation
Agreement with the County of Orange and the Cities of Anaheim, Brea,
Cypress, Fountain Valley, Fullerton, Garden Grove, Huntington Beach,
Lake Forest, Orange, Placentia, San Juan Capistrano, Santa Ana,
Stanton, Tustin, Villa Park and Yorba Linda for construction of the new
animal care shelter at Tustin Legacy; and,
2. Authorize the City Manager to execute the Agreement for Provision of
OC Animal Care Services with the County of Orange for on-going
services at the new shelter; and,
3. Approve a supplemental appropriation of $850,000 from the General
Fund Reserve.
Motion carried: 5-0
8. STRATEGIC PLAN SIDEWALK POLICY FOLLOW UP
City Council April 19, 2016
Meeting Minutes Page 7 of 12
At the Strategic Plan Update workshop held on January 9, 2016, the City
Council provided staff with policy direction related to sidewalks within single
family residential neighborhoods and industrial areas. This report and
associated Resolution is a follow up to ensure accurate depiction and consistent
implementation of the policy.
It was moved by Councilmember Murray and seconded by Mayor Pro Tem
Bernstein to adopt Resolution No. 16-12 establishing a policy regarding
sidewalks installation.
Motion carried: 5-0
RESOLUTION NO. 16-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA ADOPTING A POLICY RELATED TO SIDEWALK
INSTALLATION
9. SUPPORT THE ORANGE COUNTY TASK FORCE ON DROWNING
PREVENTION
Public Input: Orange County Fire Authority Battalion Chief Jeff Hoey
Staff recommends that the City Council support the Orange County Task Force
on Drowning Prevention by acknowledging the $5,000 contribution from the
Tustin Police Department 2016 Community Outreach Program.
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember
Nielsen to support the Tustin Police Department's current contribution of $5,000
to the Orange County Task Force on Drowning Prevention and consideration of
support for future years.
Motion carried: 5-0
OTHER BUSINESS/COMMITTEE REPORTS
COUNCILMEMBER PUCKETT
Attended three Transportation Corridor Agency meetings, a Board of Directors meeting and
a couple of Ad Hoc Committee meetings
March 16
• Attended the Blue Buoy Safer 3 Program Water Safety Challenge
• Attended the Team Kids 15th Birthday Party Celebration; congratulated Julie Hudash and
City Council April 19, 2016
Meeting Minutes Page 8 of 12
her team for a phenomenal job
COUNCILMEMBER GOMEZ
April 6
Attended the Tustin - Santa Ana - Orange American Association of University Women
(AAUW) meeting; the featured speaker was Sandra Robbie who is considered a local expert
in the Mendez vs. Westminster school desegregation case and recently started the "OC
Peace Ride", which is a civil rights tour
April 8
Attended the Senior Citizens Advisory Council meeting in Buena Park; the featured
speaker was Dr. William Shankle from the Orange County Vital Brain Aging Program who
gave a fascinating presentation on the treatment of dementia
April 11
Visited the Tustin Area Senior Center to see the new chairs for the facility unveiled
April 14
Attended the Orange County Library Executive and Finance Committee meeting; the
proposed budget was discussed for Fiscal Year 2016/2017, some of the ongoing
challenges are the aging workforce, aging infrastructure, and the limitation on revenues
April 16
Greeted attendees of the California Public Library Advocates at their Southern California
Spring Workshop hosted at the Tustin Library; discussed ways that libraries can connect
with their communities through their local leaders
April 18
Attended the Senior Citizens Advisory Council Legislative Committee meeting; the focus
of the meeting was on the recent California legislation hearings on elder care and the
coordination of care
Announced that the South County Senior Summit, "Aging Simplified: Orange County's
Commitment to Serving Our Seniors", will be held on Friday, May 20th in Laguna Woods;
attendees can RSVP until May 13th by calling 714.480.6450
Wished City Attorney David E. Kendig a Happy Birthday.
COUNCILMEMBER MURRAY
April 6
Attended the Los Angeles — San Diego — San Luis Obispo Rail Corridor (LOSSAN)
Executive Board meeting; announced that LOSSAN is doing new advertising and marketing
for free trips on the Metrolink
City Council April 19, 2016
Meeting Minutes Page 9 of 12
April 11
Attended the Orange County Transportation Authority Board meeting; thanked Director Doug
Stack for participating in the Bicycle Corridor Improvement Plan
April 13
• Attended the Tustin Chamber Breakfast; congratulated Police Officer of the Month
Detective Ronnie Sandoval for his great work with the Gang Detail
• Attended his daughter Lily's college signing event at Beckman High School, where she
officially committed to attending Marist College in Poughkeepsie, New York; it was a very
proud moment for all the families involved
April 14
Attended the Orange County Transportation Authority Transit Committee meeting; the OC
Streetcar was discussed and the project is moving forward at a very positive pace
April 15
Attended the Association of California Cities — Orange County Infrastructure and Technology
Committee meeting; Pat Mahoney who is the President of West Coast Arborists gave an
incredible presentation and also discussed unions and the associated fiscal impacts
April 19
Attended the Orange County Drowning Prevention Task Force meeting; announced that
things are moving along very well and Jeff Lalloway stated that the City of Irvine will consider
a $25,000 contribution to the project
Congratulated Officer Laurich and Officer Smith for their DUI awards presented by Mothers
Against Drunk Drivers
MAYOR PRO TEM BERNSTEIN
April 13
Sat as Vice -Chair of the Orange County Local Agency Formation Committee meeting; the
commission granted the transfer of local sewer lines in Sewer Area #7 from the Orange
County Sanitation District to the East Orange County Water District, which was a major
decision and took over two years of reviews and discussions
April 18
Attended the Tustin Area Council for Fine Arts (TACFA) 26th Annual Student Art Invitational
awards event; congratulated all the nominees and winners and encouraged all to visit the
exhibit at the Tustin Library and to view Facebook for some photographs
Announced that the Orange County Mosquito and Vector Control Board will have a meeting
on Thursday, April 21St regarding aerial spraying of adulticides to suppress the mosquito
population carrying West Nile virus; encouraged all to understand the facts involved and
participate in the decision making process because it is a major public health issue
City Council April 19, 2016
Meeting Minutes Page 10 of 12
Encouraged all to "dine and donate" at Lone Star Steakhouse on Irvine Boulevard on
Wednesday, April 20th; the restaurant has kindly offered to support the Tustin Relay for Life
by donating 50% of their proceeds for lunch and dinner
Announced that the Paint the Town Purple kick-off event for the Tustin Relay for Life will be
on April 21St at 5:00 p.m. in the Mrs. B's parking lot; invited all to attend with friends and
family
Encouraged all to participate in the Walk with Doc at the Tustin Relay for Life on May 21 st at
11:00 a.m.
Wished City Attorney David Kendig a happy, healthy, prosperous birthday
Congratulated the Murray family on Lily's acceptance to Marist College; announced that she
will be a great asset to Marist and will do great in her future endeavors
MAYOR NIELSEN
April 6
Attended the Orange County Sanitation District Operations Committee meeting; approved
various contracts and purchases
April 7
Attended the Southern California Association of Governments (SCAG) Regional Council
meeting; the Regional Transportation Plan/Sustainable Communities Strategy was approved
with the Environmental Impact Report
April 11
• Chaired the Orange County Sanitation District Legislative and Public Affairs Committee
meeting; announced that he is visiting Washington D.C. for three days to speak with
congressional offices regarding additional water recycling and more grants/funding
necessary to reach the District's goal of 130 million gallons recycled per day
• Attended the Groundwater Replenishment System Steering Committee meeting;
received updates on the technical aspects of planning and trying to get the next 30
million gallons recycled
April 13
• Attended the Orange County Local Agency Formation Committee meeting to support
East Orange County Water District's application to take over the local sewer lines in
Sewer Area #7
• Attended the Orange County Sanitation District Administration Committee meeting;
approved various contracts and purchasing agreements for equipment
April 17
City Council April 19, 2016
Meeting Minutes Page 11 of 12
• Attended an Eagle Court of Honor at the American Legion Post Hall in Orange; there
were over 300 people in attendance and it was an amazing event for a great young
man
• Watched daughter Kierstie dance in the Paint the Night Parade at Disneyland
April 18
Attended the Tustin Area Council for Fine Arts (TACFA) 26th Annual Student Art Invitational
awards event with Dr. Bernstein; encouraged all to visit the exhibit at the Tustin Library and
to view Facebook for some amazing photographs of the artwork displayed
ADJOURNED at 9:00 p.m. The next meeting is scheduled for Tuesday, May 3, 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 April 19, 2016
Meeting Minutes Page 12 of 12