HomeMy WebLinkAboutCC MINUTES 07-05-16Ll
Ll
CITY OF TUSTIN REGULAR JULY 5, 2016
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
AND TUSTIN HOUSING AUTHORITY • 300 CENTENNIAL WAY, TUSTIN
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 AND TUSTIN HOUSING AUTHORITY
5:30 P.M.
CALL TO ORDER — Meeting #2394 at 5:33 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:
DESIGNATION OF LABOR NEGOTIATOR — It was moved by Councilmember Puckett
and seconded by Mayor Pro Tem Bernstein to designate City Attorney David E. Kendig
and Director of Human Resources Derick Yasuda as the labor negotiators for City
Manager Jeffrey C. Parker.
Motion carried: 5-0
City Council
Meeting Minutes
July 5, 2016
Page 1 of 14
Mayor Nielsen recused himself for Item No. 4 (A) due to a potential conflict in real property
interest. 3
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 [Govemment
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] — Three Cases
A. 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
Under Negotiation Price and Terms of Payment
B. 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
C. Property 140 S. A Street, APN 401-361-03
Address/Description
Agency City of Tustin
City Negotiators Jeffrey C. Parker — City Manager, Jerry Craig —
Economic Development & Housing Manager
Negotiating Parties Sharon Ellis — President/CEO, Habitat for Humanity,
Mark Korando — Senior Vice President, Habitat for
Humanity
Under Negotiation Price and Terms of Payment
City Council July 5, 2016
Meeting Minutes Page 2 of 14
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Government Code §
54957] — One Case
a. Title: City Manager
6. CONFERENCE WITH LABOR NEGOTIATOR [Government Code § 54957.6] —
a. Unrepresented employee: City Manager
Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda,
Director of Human Resources
Recessed at 5:35 p.m.
Reconvened at 7:08 p.m.
REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2394 at 7:08 p.m.
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE —
American Legion
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 Council took no
reportable action.
ORAL COMMUNICATION/PUBLIC INPUT — None
PRESENTATIONS —
Mayor Nielsen presented a Certificate of Recognition to the Boys and Girls Club Youth
City Council July 5, 2016
Meeting Minutes Page 3 of 14
Development Professional Dawn Schultz in honor of her heroic efforts performing the
Heimlich Maneuver.
Mayor Nielsen presented a Certificate of Recognition to Police Officer Knostman,
accepted by Chief Celano on his behalf, for his generous contribution to Louticia Terry.
Mayor Nielsen presented a Proclamation to John Kelly in honor of the 4W1 Anniversary of
the Wishing Well.
CONSENT CALENDAR ITEMS 1-7
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember Gomez to
pull Item No. 6 and 7 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 JUNE 21, 2016
Motion: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council and Tustin Housing Authority held on June 21,
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 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 $704,841.39 and Demands in the
amount of $1,957,304.24.
4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
Quarterly Report for the first quarter of 2016. The average noise level measured
City Council July 5, 2016
Meeting Minutes Page 4 of 14
C
d,
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 first quarter reporting period. Average noise levels during the first
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.
5. AUTHORIZE CONSULTANT SERVICES AGREEMENT FOR DESIGN AND
ENVIRONMENTAL SERVICES FOR THE PARK AVENUE IMPROVEMENT
PROJECT (CIP 70233)
Authorization is requested to enter into a Consultant Services Agreement (CSA)
with Michael Baker International for design and environmental services for the
Park Avenue Improvement Project (CIP 70233).
Motion: Authorize staff to enter into a Consultant Services Agreement with
Michael Baker International for design and environmental services in an amount
not to exceed $280,000 to cover professional services in the amount of
$241,920 and a 15% design contingency.
6. APPROVE AMENDMENT NO. 1 TO AN AGREEMENT FOR TREE
MAINTENANCE SERVICES BETWEEN THE CITY OF TUSTIN AND WEST
COAST ARBORISTS, INC.
Staff recommends that the City Council approve a contract amendment to the
Urban Forestry Management Contract with West Coast Arborists, Inc. (WCA).
The amendment includes an increase of 31 % to adjust for a Department of
Industrial Relations (DIR) ruling that increases the prevailing wage for the
classifications employed by WCA. The current contract is for $502,161 and the
amendment will set the limit at $657,831.
It was moved by Councilmember Murray and seconded by Councilmember
Puckett to approve contract Amendment No. 1 with West Coast Arborists, Inc.
to adjust the fee schedule and authorize the Mayor to execute the contract
amendment, subject to the City Attorney's approval.
Motion carried: 5-0
7. FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT (DDA) WITH 1C TUSTIN LEGACY, LLC (AKA REGENCY).
Mayor Nielsen recused himself due to a potential conflict in real property
interest.
First Amendment to the Disposition and Development Agreement (DDA) with 1
City Council July 5, 2016
Meeting Minutes Page 5 of 14
C Tustin Legacy, LLC (aka Regency). The DDA for Parcel 1 C was approved by
the City Council on October 20, 2015. This amendment will change the parties
to whom the healthcare portion of the site is transferred. No changes are
proposed for type of development, as previously approved, for either the retail
portion of the site or the healthcare portion of the site.
It was moved by Councilmember Gomez and seconded by Councilmember
Murray to reflect "acute rehab" rather than "acute care' within the approved
documents and authorize the City Manager to execute the First Amendment to
the Disposition and Development Agreement with 1C Tustin Legacy, LLC
subject to any non -substantive modifications as may be deemed necessary
and/or recommended by the City's special real estate counsel or the City
Attorney.
Motion carried: 4-0-1
Mayor Nielsen returned to the dais.
PUBLIC HEARING ITEM 8
8. 2016 PUBLIC HEALTH GOALS (PHGs) REPORT
The California Health and Safety Code requires that operators of large water
utility systems periodically prepare a report and conduct a public hearing
regarding the health of the water supplied to customers. For the 2013-2015
reporting period, the drinking water quality of the City of Tustin Water Services
complied with all California Department of Public Health and USEPA drinking
water standards. While Tustin's water system exceeded the public health goals
(PHG) for arsenic, uranium, coliform bacteria, lead, and copper, these levels
remained below the EPA's action levels and the City remains in overall
compliance with all regulatory water quality standards and no additional
treatment programs are required.
The public hearing opened at 7:36 p.m.
The public hearing closed at 7:36 p.m. with no public input.
It was moved by Councilmember Puckett and seconded by Councilmember
Murray to:
1. Conduct a public hearing to accept and respond to public comments on
the 2016 Public Health Goal Report; and
2. At the conclusion of the public hearing, approve the 2016 Public Health
Goal Report.
City Council July 5, 2016
Meeting Minutes Page 6 of 14
Motion carried: 5-0
REGULAR BUSINESS ITEMS 9-13
Mayor Nielsen moved Item No. 13 to the beginning of Regular Business.
13. DISPOSITION AND DEVELOPMENT AGREEMENT WITH HABITAT FOR
HUMANITY FOR 140 S. A STREET
PowerPoint presentation by Economic Development and Housing Manager
Jerry Craig.
Request for approval to enter into a Disposition and Development Agreement
(DDA) between the City of Tustin (City), Tustin Housing Authority (Housing
Authority) and Habitat for Humanity of Orange County, Inc., (Developer) for 140
S A Street. The Developer will build two (2) affordable units to be sold to
income -eligible Veterans.
It was moved by Mayor Nielsen and seconded by Mayor Pro Tem Bernstein to
authorize the City Manager and Housing Authority Executive Director to execute
the DDA between the City, Housing Authority and Habitat for Humanity of
Orange County, Inc., subject to any non -substantive modifications as may be
deemed necessary and/or recommended by the City Attorney and approved by
the City Manager/Executive Director.
Motion carried: 5-0
9. POLICE DEPARTMENT WORKFORCE ASSESSMENT
PowerPoint presentation by Chief Celano and Police Support Services Manager
Kristin Miller.
As part of the Police Department's CALEA accreditation process, a workforce
assessment must be conducted at least triennially. The allocation of personnel
based on the workforce assessment will have significant influence on the
efficiency and effectiveness of the Police Department. Through the RFP
process, the company of Hillard Heintze was selected to conduct the workforce
assessment.
It was moved by Councilmember Murray and seconded by Councilmember
Puckett to:
1. Appropriate $75,000.00 from the General Fund reserves for the
City Council July 5, 2016
Meeting Minutes Page 7 of 14
assessment of every position in the Police Department, and
2. Authorize the hiring of Hillard Heintze to conduct a workforce assessment
for the Police Department.
Motion carried: 5-0
10. FIRST READING OF ORDINANCE NO. 1468 TO AMEND CITY CODE
SECTION 5331N BY ESTABLISHING PREFERENTIAL PERMIT ONLY
PARKING ON CARFAX DRIVE, CHARLOMA DRIVE, DEL AMO AVENUE,
DRAYTON AVENUE AND MEAR LANE.
PowerPoint presentation by Public Works Manager Krys Saldivar.
Residents on Charloma Drive and on Drayton Avenue expressed concerns
regarding overnight parking of non-resident vehicles on streets, along with
associated trash and undesirable nighttime activities. In order to mitigate these
issues, the residents requested permit parking. Early morning parking surveys
were performed on these streets as well as on the nearby streets of Carfax
Drive, Del Amo Avenue and Mear Lane to determine parking impacts. These
five streets comprise the study area determined by staff whereby overflow multi-
family parking is currently causing impacts and where additional parking
impacts are anticipated to relocate. The parking surveys resulted in parking
impacts by non-residents on Carfax Drive, Charloma Drive, Del Amo Avenue,
Drayton Avenue and Mear Lane. In addition, City Staff mailed letters informing
the residents in the study area about the permit parking requests, soliciting their
input and that the permit parking item would be taken to the City Council in the
near future.
Public Input:
1.
Robert Florida
2.
Danielle Aguirre
3.
Bob Jones
4.
Lynn Jones
5.
Shane DarLinston
6.
Emil Kulhanek
7. David Reuter
8. Nancy O'Toole
9. Matthew Mavandi
10. Tamera Brady
11. Jonathan Mavandi
12. Anne Lui
13. Angie Morales
14. Heather Mavandi
15. Don Brockschmidt
City Council July 5, 2016
Meeting Minutes Page 8 of 14
Recessed at 8:34 p.m.
Reconvened at 8:43 p.m.
16. John Garay Jr.
17. Ruth McGaughey
18. Carolyn Hensley
19. Esther Velazquez
20. Julie Lam
21. Elizabeth Baez
22. Sarah Ramos
23. Chris McKelvey
24. Zac Brady
25. Kathryn Waterman
26. Raphael
27. Aleah
It was moved by Councilmember Murray and seconded by Mayor Nielsen to
direct staff to research and present options for alternative parking at the second
reading and introduce and have the first reading of Ordinance No. 1468 to
establish preferential permit only parking on Carfax Drive, Charloma Drive, Del
Amo Avenue, Drayton Avenue and Mear Lane, and set the second reading for
the August 2, 2016 meeting.
Motion carried: 5-0
ORDINANCE NO. 1468
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n
REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY
11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1467
Ordinance No. 1467 amends Tustin City Code (TCC) amends Section 3713
(Part 1 of Chapter 6 of Article 3) of the Tustin City Code. Currently, Section
3713 provides that massage establishment permits must be renewed annually
by January 31 of each calendar year. The proposed ordinance would shift the
annual renewal date to June 30 to reduce staff workload during the regular
Business License renewal period at the close of the calendar year. Additionally,
to facilitate this transition from calendar -year to fiscal -year massage
establishment permit renewals, the proposed ordinance would extend the
expiration date of current massage establishment permits issued on or after
January 31, 2016 by five months.
City Council July 5, 2016
Meeting Minutes Page 9 of 14
It was moved by Councilmember Puckett and seconded by Mayor Nielsen to
have second reading by title only and adoption of Ordinance No. 1467 (roll call
vote). 3
Motion carried: 5-0
ORDINANCE NO. 1467
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SECTION 3713 OF THE CITY CODE REGARDING
THE TERM OF MASSAGE ESTABLISHMENT PERMITS
12. WATER CONSERVATION UPDATE — MAY 2016
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 21% 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 May 2016
and provides the City Council and the public with general information on
previous and upcoming actions taken by the City.
The City Council unanimously voted to receive and file this report.
OTHER BUSINESS/COMMITTEE REPORTS
OTHER BUSINESS/COMMITTEE REPORTS
City Manasier Jeffrey C. Parker
Announced the promotion of Matthew S. West to Deputy City Manager and John
Buchanan to Director of Economic Development.
Announced he is currently working with the Finance Department and Public Works
Director on the refinancing of the Water Bond which will have a savings of $250,000 over
the course of the next 20 plus years for the Water Department.
Councilmember Puckett
Congratulated Matthew S. West on his promotion.
Congratulated Councilmember Beckie Gomez on being elected onto the Orange County
Board of Education.
Attended the Concerts in the Park.
City Council July 5, 2016
Meeting Minutes Page 10 of 14
Attended the Tustin Conservancy Meet and Greet at the Black Marlin.
Attended the Tustin Chamber of Commerce Casino Night Fundraiser; congratulated the
Businesses of the Year.
Attended the St. Joseph's Circle of Life Fashion Show which was put on by cancer
survivors; was a great event.
Attended the Trader Joe's Grand Opening; congratulated Trader Joe's and their new
location.
Attended the Tustin Meadow's Parade; acknowledged what a great job the resident's did.
Attended the Tustin 4th of July Event at Tustin High School; thanked Director Dave
Wilson and the Parks and Recreation staff on a job well done.
Councilmember Gomez
Attended the Tustin Area Senior Center Advisory Board Meeting; announced that the
2016/2017 events were currently being planned; announced there were staff changes at
the facility; informed there were needs assessment for the Senior Center building;
provided information on the Shredding Fundraising Event held at North Hills Reality
60 which raised a little over $1,000 for the Senior Center; thanked the North Hills Reality for
their participation.
Attended the Santa Ana River Flood Protection Agency meeting; they approved the
budget and elected its Executive Committee for 2016/2017.
Attended the Tustin Meadows Pancake Breakfast.
Attended the Teach for America Event.
Attended the Trader Joe's Grand Opening; thought it was a great event.
Attended and participated in the Tustin Meadow's Parade; thanked the volunteers.
Attended the Tustin 4th of July Event at Tustin High School; thanked the Parks and
Recreation staff for the great job they did; thanked Tustin Police Department for keeping
the event safe.
Congratulated Matthew S. West and John Buchanan on their promotion.
rCouncilmember Murrav
City Council July 5, 2016
Meeting Minutes Page 11 of 14
June 23
Attended the Orange County Fire Authority Board of Directors Meeting
June 24
o Attended the Association of California Cities Orange County Legislative Meeting
o Attended the Tustin Chamber of Commerce event
June 27
Attended the Orange County Transit Authority Board of Directors Meeting; discussed the
Street Car Project in Santa Ana; there was recommendation for improvements on the 405
freeway.
June 29
o Attended the Santa Ana State of the City; noted what a great job Miguel Pulido is
doing.
o Attended the Orange County Drowning Prevention Task Force; thanked Stephanie
Najera for doing a great job assisting with the task force; discussed the great
media coverage drowning prevention is receiving; provided information on OCTA
marketing assistance, there will be over 370 OCTA buses with various marketing
and logos on the buses; discussed how there will be a lot of visual reinforcement.
o Attended the Los San Meeting; which is the Railroad Group between San Luis
Obispo and San Diego.
July 4
o Attended the Tustin Meadow's Parade; discussed what a great event it was.
o Attended the Tustin 4t' of July Event at Tustin High School; thanked Dave Wilson
for the great event.
July 5
o Announced that Heather Stratman from Association of California Cities Orange
County and Councilmember Murray met with Supervisor Doe regarding the
homeless issue; discussed how Supervisor Doe is getting the Association of
California Cities of Orange County involved as well as City Manager Jeff Parker;
informed how discussion of homelessness is now on a regional scale; thanked Jeff
Parker for his assistance.
o Attended Human Resource meeting
Announced that on July 7t' the Association of California Cities of Orange County will have
a Leadership Reception at Disneyland.
Congratulated Officer Knostman on a great job assisting and buying a new bike for
cerebral palsy victim who had her bike stolen outside of Kohls; congratulated Chief
Celano on the outstanding leadership of the Police Department.
Congratulated Matthew S. West and John Buchanan on recent, well deserved promotion.
City Council July 5, 2016
Meeting Minutes Page 12 of 14
Mayor Pro Tem Bernstein
June 24
Attended the Tustin Chamber of Commerce Casino Night with Councilmember Puckett,
congratulated the Businesses of the Year.
June 27
Attended and co-chaired the Veterans Advisory Committee Meeting; discussed the
formalizing recommendation to City Council on adopting a squadron from Camp
Pendleton.
June 29
Attended the Israel California Water Summit; discussed Israel's innovations to water
technology and conservation; discussed the opportunity of being able to meet and talk
with Felicia Marcus, Chair of Water Resource Control Board.
June 4
o Attended the Laurelwood 4t1 of July Celebration; mentioned a good time had by all
o Attended the Tustin Meadows Parade; mentioned how it was well received and
that everyone had a good time.
o Attended Tustin's 4th of July Event at Tustin High School; thanked Dave Wilson for
a safe and wonderful time.
Thanked Chief Charlie Celano and the Tustin Police Department on the wonderful staff;
thanked them for their service and everything they do.
Congratulated Matthew S. West and John Buchanan on their promotion.
Announced to please visit the Orange County Mosquito and Vector Control website and
stay vigilant regarding mosquitos. - .,.,
Mayor Nielsen
June 22
o Attended the Rose Landrie's 100th Birthday celebration.
o Attended the Orange County Sanitation District Board Meeting; discussed the
general meeting plan, announced good things are in the process for water
recycling; announced the budget for 2016/2017 was approved in the amount of
$475,000,000; announced that $175,000,000 is tied up in C.I.P.s
June 23
Attended the Orange County Council of Government meeting
June 27
Attended the Veterans Committee; announced that the committee is looking for a unit at
Camp Pendleton to adopt.
City Council July 5, 2016
Meeting Minutes Page 13 of 14
July 4
o Attended the parade and activities at Tustin Meadows
o Attended Tustin's 4th of July Event at Tustin High School; thanked Dave Wilson for
the great event and great fireworks show.
Received the survey from Tustin's Citizen's Academy; congratulated City Manager Jeff
Parker and staff on a great academy and is looking forward to the next one.
Announced the workshop regarding the Red Hill Corridor on July 215t at Tustin High
School.
ADJOURNED at 9:50 p.m. The next meeting is scheduled for Tuesday, August 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. At the June 21,
2016, due to a lack of quorum, the City Council cancelled the Regular scheduled
meeting on July 19, 2016.
ERI AN. RABE,
City Clerk
D
City Council July 5, 2016
Meeting Minutes Page 14 of 14