HomeMy WebLinkAboutCC MINUTES 05-17-16 CITY OF TUSTIN REGULAR May 17, 2016
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
AND TUSTIN HOUSING AUTHORITY • 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
MINUTES OF THE CLOSED SESSION MEETING OF THE
CITY COUNCIL AND TUSTIN HOUSING AUTHORITY
5:30 P.M.
CALL TO ORDER— Meeting #2391 at 5:34 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 INTRODUCTION — City Attorney David E. Kendig: The Council will
be convening in closed session to discuss items 1 through 4 as they appear on the closed
session agenda, including conference with legal counsel about the potential initiation
regarding a leaning wall at 14412 Raintree Road, and exposure to litigation regarding item
8 on this evening's open session agenda.
Also the Council will be conferring with real property negotiators Jeff Parker and John
Buchanan.
City Council May 17, 2016
Meeting Minutes Page 1 of 12
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
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
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code §
54956.8] —Two 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
Recessed to Closed Session at 5:35 p.m.
City Council May 17, 2016
Meeting Minutes Page 2 of 12
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2391 at 7:03 p.m.
INVOCATION — Councilmember Puckett
PLEDGE OF ALLEGIANCE — Mayor Nielsen
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 voted
unanimously to authorize the City Attorney to request from the Superior Court an
abatement warrant authorizing the City to enter upon the property at 14412 Raintree Road
to replace or repair the leaning brick wall, and an order authorizing the City to record a lien
against the property for the repair and enforcement costs.
Other than that there was no reportable action
ORAL COMMUNICATION/PUBLIC INPUT—
1. Daniel Torres
2. Brett Olivler
3. Bolivar Pineda
PRESENTATIONS —
o Orange County Sanitation District General Manager Jim Herberg provided a
PowerPoint presentation.
City Council May 17, 2016
Meeting Minutes Page 3 of 12
M
o Mayor Nielsen presented a Proclamation to Division Chief Randy Black in
recognition of Orange County Fire Authority Drowning Prevention Awareness
o Mayor Nielsen presented a Proclamation to Pat Buttress in honor of her recent
retirement.
CONSENT CALENDAR ITEMS 1-8
It was moved by Councilmember Puckett and seconded by Councilmember Gomez 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
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 TUSTIN HOUSING AUTHORITY HELD ON May 3, 2016
Motion: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council and Tustin Housing Authority held on May 3, 2016.
3. RATIFICATION OF DEMANDS - 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: That the City Council Confirm and approve Payroll in the amount of
$667,241.66 for April 29, 2016 as submitted the following listing of demands
issued on behalf of the City in accordance with Government Code Section
37208.
4. RATIFICATION OF DEMANDS
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.
City Council May 17, 2016
Meeting Minutes Page 4 of 12
Motion: That the City Council confirm and approve Accounts Payable in the
Amount of $4,242,195.06 as submitted the following listing of demands issued
on behalf of the City in accordance with Government Code Section 37208.
Type of Listing:_ Accounts Payable Total Amount
Warrant Runs $ 878,887.12
EFTs $ 3,363,307.94
$ 4,242,195.06
Date: April 22, 2016 - May 5, 2016
5. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
Quarterly Report for the fourth quarter of 2015. The average noise level
measured at Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin
Middle School on Beneta Way, remained consistent with prior quarters during
this fourth 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.
L 6. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE FRONTIER PARK WATER PLAY
RECIRCULATION SYSTEM (CIP NO. 20076)
The Frontier Park Water Play Recirculation System has been completed and
the project is ready for acceptance and filing of the Notice of Completion.
It was moved by Councilmember Gomez and seconded by Councilmember
Murray that the City Council:
1 . Adopt Resolution No. 16-31 accepting the Frontier Park Playground
Renovation (CIP No. 20076), and
2. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's office.
Motion carried: 5-0
RESOLUTION NO. 16-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
CALIFORNIA ACCEPTING THE WORKS OF IMPROVEMENT AND
City Council May 17, 2016
Meeting Minutes Page 5 of 12
AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION
FOR THE FRONTIER PARK WATER PLAY RECIRCULATION SYSTEM (CIP
NO. 20076)
7. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted Investment
Policy.
Motion: Receive and file.
8. REJECTION OF ALL BIDS AND AUTHORIZATION TO RE-ADVERTISE FOR
BIDS FOR THE DETENTION BASIN LANDSCAPING AND WATER QUALITY
INSTALLATION (CIP NO. 50038) AND TUSTIN LEGACY LINEAR PARK
IMPROVEMENTS (CIP NO. 20077) SEGMENT 1 AND 2 CONSTRUCTION
PROJECT
Staff is recommending that the City Council reject all bid proposals received on
the Detention Basin Landscaping and Water Quality Installation (CIP No.
50038) and Tustin Legacy Linear Park Improvements (CIP No. 20077) Segment
1 and 2 construction projects and authorize and direct City Clerk to re-advertise
for bids. The City received ten bids for this project, all higher than the engineer's
estimate.
Motion: That the City Council reject all ten bids received on the Detention
Basin Landscaping and Water Quality Installation (CIP No. 50038) and Tustin
Legacy Linear Park Improvements (CIP No. 20077) Segment 1 and 2
Construction Project and direct the City Clerk to return all bid bonds and re-
advertise for bids.
REGULAR BUSINESS ITEMS 9-10
9. GIFTED PUBLIC ART POLICY
PowerPoint presentation by Director of Parks and Recreation David Wilson
Consider attached Public Art Policy concerning reviewing, accepting, or
rejecting public art projects proposed to be gifted to the City. The policy also
describes procedures regarding, installation, maintenance, and removal of
public artwork.
City Council May 17, 2016
Meeting Minutes Page 6 of 12
'PPM It was moved by Councilmember Puckett and seconded by Councilmember
bw Murray to direct staff to prepare a consolidated policy addressing gifted art,
donations for art and city commissioning art and prepare a comprehensive
survey of policies adopted by other cities.
Motion carried: 5-0
10. POLICE DEPARTMENT WORKFORCE ASSESSMENT: This item was
continued to a future City Council meeting.
OTHER BUSINESS/COMMITTEE REPORTS
CITY MANAGER JEFFREY C. PARKER
Announced that the June 7th agenda will have information about the Governor's "May
Revise", which was recently published. Major topics impacting local governments include a
reduction in the State Income Tax levels equivalent to about $1.8 billion dollars and the
possibility of a recessionary period in the economy; a full analysis of potential impacts to
follow.
Announced that he had the opportunity to help facilitate an Association of California Cities
— Orange County Task Force meeting which focused on homelessness within the County;
the presentation was well attended and productive; more information will be forthcoming.
COUNCILMEMBER PUCKETT
Attended the Transportation Corridor Agency Committee Meeting
May 5
Attended the "Night of Magic Fiesta Fundraiser"for homeless Veterans sponsored by the
Tustin Exchange Club; congratulated and thanked Randi Bernstein for a phenomenal job
and encouraged all to attend future events that support Veterans
COUNCILMEMBER GOMEZ
May 4
Attended the American Association of University Women (AAUW) meeting; the featured
speakers were a panel of women business owners from Mrs. B's Consignments, Zama
Tea and the Elegant Hive in Old Town Tustin and Theresa's Jewelry in Santa Ana, who
shared their inspirational stores; encouraged all to visit and support these local businesses
City Council May 17, 2016
Meeting Minutes Page 7 of 12
May 7
• Attended the 2016 Old Town Tustin Promenade Home $ Garden Tour; was unable
to attend the opening ceremonies due to a work commitment but enjoyed the later
part of the festivities
• Participated as a jockey in the annual Tustin Dollars for Scholars Kentucky Derby
Day fundraiser
May 11
Attended the Tustin Chamber Breakfast; Detective Eric Haug provided .a presentation
on security measures for local business owners; congratulated Police Officer of the
Month Mark Turner
May 12
• Chaired the Orange County Library Advisory Board meeting; the main items
discussed were the budget and an adjustment to library hours in accordance with
surveys from patrons and peak visiting times
• Attended a Rock the Vote concert in Little Saigon to encourage people to register
and get out the vote for the June primary and the November election
May 13
Attended the Tustin Teacher of the Year banquet which is a wonderful event to
celebrate outstanding teachers in the District; it was great to see support from the
community and teamwork amongst colleagues 3
May 14
Attended a Get-Out-The-Vote Rally at the Carpenters Training Facility in Buena Park;
hundreds of people participated by walking precincts to get out the vote and many elected
leaders were present to greet the participants
May 16
Attended the Senior Citizens Advisory Council Legislative Committee meeting; the main
speaker was an attorney who discussed general concepts of conservatorship for elderly
citizens and special needs adults; the Committee also discussed funding of the Senior
Legislature to continue advocating for senior citizens.
COUNCILMEMBER MURRAY
May 4
Attended the Southern California Association of Governments (SCAG) Active
Transportation Leadership Symposium and Annual Conference; discussed bike and
pedestrian infrastructure projects and safety enhancements throughout the region
May 5
Attended the National Day of Prayer event at the Tustin Community Center with daughter
Emily, was honored to give the invocation
City Council May 17, 2016
Meeting Minutes Page 8 of 12
May 6
• Attended the California State University, Fullerton Center for Leadership Awards
Luncheon; recognized corporate leaders and executives of the college
• Participated in a government class advisory discussion on public policy research
projects from California State University students; Mayor Pro Tem Bernstein and
former Mayor Amante were also on the panel
May 9,
Attended the Orange County Transportation Authority Board Meeting; discussed the 405
Freeway Improvement Project, state funding, and reviewed the upcoming OCTA budget
May 11
• Attended the Tustin Chamber Breakfast; congratulated Police Officer of the Month
Mark Turner, who has received the award 8 times
• Attended the Orange County Fire Authority Budget & Finance Committee meeting;
discussed the 2016/17 draft budget for the OCFA
• Attended the Association of California Cities — Orange County Task Force meeting on
homelessness; thanked City Manager Jeffrey Parker for participating
• Announced that he was unable to attend the OCFA Fire Academy Graduation for
Class 42 due to conflicting meetings
May 12
I • Attended the `Bike Rally Day' Orange County Transportation Authority event
• Attended the Orange County Transportation Authority Transit Committee meeting
• Attended the Water Committee meeting
• Attended the Tustin Police Department Waldron "Wally' Karp Memorial Event;
complimented Chief Celano for a phenomenal job and thanked Sheriff Sandra
Hutchens for participating
• Attended a "Sober Living Homes in Orange County' Town Hall in Laguna Hills,
facilitated by the Association of California Cities — Orange County; it was very well
attended and over 400 community stakeholders were present
Complimented retiring Tustin blacksmith Victor Andersen on his success, who ran his
business at the same location with his dad and then solo for 70 years
Announced that the Chili Cook-Off is coming up on June 5th
Announced that the State of the City is coming up on June 9th
MAYOR PRO TEM BERNSTEIN
May 6
Participated in a government class advisory discussion on public policy research projects
from California State University students with Councilmember Murray and former Mayor
City Council May 17, 2016
Meeting Minutes Page 9 of 12
Amante; congratulated and thanked professors Scott Spitzer and Carolee Etheridge and
mentioned that it was great being on campus interacting with students
May 11
Attended the Local Agency Formation Commission Orange County (LAFCO) meeting;
several issues were addressed, including a mandated reconsideration and protest period
for the transfer of Sewer Area 7 to the East Orange County Water District
May 12
• Chaired the Association of California Cities — Orange County Water Committee
meeting:
o The groundwater recharge Lake Mission Viejo conversion was discussed,
encouraged all to visit Mission Viejo's website for additional information on a
very interesting project
o Discussed issues regarding legislation in Sacramento that could impact Orange
County
o Reviewed a white paper regarding the use of fines, penalties and certain rate
structures, in conjunction with tiered vs. conservation rates and related issues
• Attended the Tustin Police Department Waldron "Wally" Karp Memorial Event;
complimented Chief Celano and all involved for a heart-felt and poignant memorial and
thanked all officers for their service
May 13
• Attended the Water Advisory Committee Meeting and discussed the 2015/2016 EI
Nino, the drought, and the snowpack in addition to the lack of rain in southern
California compared to significant rain in Northern California; announced that the
Governor has new regulations since conservation efforts have been successful
• Attended the Tustin Teacher of the Year banquet; congratulated the nominees and
those who won; mentioned that Tustin is blessed with a wonderful array of
administrators and teachers derived by the Board
Announced that the Tustin Relay for Life is coming up on Saturday, May 21St at Beckman
High School; provided statistics and information on recent development and research, and
encouraged all to participate and celebrate life while garnishing funds to support cancer
research. Thanked Erica Rabe, Derick Yasuda, Stephanie Najera, and Christine Zepeda
for their time, energy, and effort in making the event a huge success.
MAYOR NIELSEN
May 5 — May 6
Attended the Southern California Association of Governments General Assembly
annual meeting; members of different constituencies were present to weigh in on
policies, procedures and bylaws, and the Regional Transportation Plan/ Sustainable
Communities Strategy
City Council May 17, 2016
Meeting Minutes Page 10 of 12
May 7
• Had the opportunity to participate in the opening ceremony of the Old Town Tustin
Promenade Home & Garden Tour and provided opening remarks, while filming for the
State of the City video which debuts on June 9t' at the Community Center at the Tustin
Marketplace
• Attended the annual Tustin Dollars for Scholars Kentucky Derby Day fundraiser;
announced that the Dollars for Scholars is a great organization that raises money for
scholarships and encouraged all to get involved and provide support
May 10.
• Attended the Orange County Sanitation District Legislative Committee meeting;
discussed Senate Bill 163 pertaining to water recycling and Assembly Bill 2022
regarding bottled water for education purposes
• Attended the Senior Center Volunteer Luncheon at Citrus Ranch Park, which was a
wonderful event to thank the volunteers who dedicate countless hours; the event was
very well done and featured an In-N-Out food truck, entertainment, and a special
awards ceremony to honor retiring blacksmith Victor Andersen
May 11.
Attended Orange County Sanitation District Administrative Committee meeting; discussed
the finical report which shows the District is in very good shape and has paid down
unfunded liabilities and entered into multiple government purchasing agreements which
will save money over the long run
May 12,
• Attended the City Selection Committee meeting at the Tustin Community Center;
congratulated Mayor Pro Tem Bernstein for his selection to the LAFCO Committee
• Attended the Tustin Police Department Waldron "Wally' Karp Memorial Event;
complimented Chief Celano for a heart-felt ceremony that reminds all of the sacrifices
of police officers; requested more promotion and advertisement for next year's event
May 13
• Attended the Tustin Teacher of the Year dinner; mentioned that this event is always
great and congratulated all the nominees and winners
• Attended the American Red Cross 2016 Heroes Luncheon at the Angel Stadium
Diamond Club; two local heroes who work for AT&T were recognized for their heroic
acts and they will visit a future council meeting
May 15
Attended the Eagle Court of Honor for Logan Castrey; congratulated Logan on earning his
Eagle Scout Rank
City Council May 17, 2016
Meeting Minutes Page 11 of 12
Event Announcements
Fridav, May 27
Memorial Day Luncheon at the Senior Center— 12:00 p.m.
Monday, May 30
City Hall closed in observance of Memorial Day
Sunday, June 5
Tustin Street Fair and Chili Cook-off
11:00 a.m. — 5:00 p.m.
Thursday. June 9
21 st Annual State of the City
ADJOURNED at 8:52 p.m. The next meeting is scheduled for Tuesday, June 7, 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.
JOHN LSEN, ERICA N. RABE,
Mayor City Clerk
City Council May 17, 2016
Meeting Minutes Page 12 of 12