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Home My WebLink AboutCC MINUTES 08-02-16CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY Dr. Allan Bernstein, Mayor Pro Tem Rebecca Gomez, Councilmember Al Murray, Councilmember Charles E. Puckett, Councilmember AUGUST 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 REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2395 at 7:15 p.m. INVOCATION — Mayor Pro Tem Bernstein PLEDGE OF ALLEGIANCE — Councilmember Gomez ROLL CALL — Came Woodward, Management Analyst Present: Mayor John Nielsen, Mayor Pro Tem Bernstein, and Councilmembers Rebecca Gomez, Al Murray and Charles E. Puckett Absent: None Others Present: Jeffrey C. Parker, City Manager; David E. Kendig, City Attorney PRESENTATIONS — Dr. Gurpreet Singh Ahuja provided an update on the Orange County Human Relations Council 2014-2015 Annual Report Mayor Nielsen presented a Certificate of Recognition to Charles P. Tozzer, DDS; Kristian Tion, DDS; Austin Wall, DDS; and dental student Davis Do for their participation to the 2016 Tustin Dental Clinic City Council August 2, 2016 Meeting Minutes Page 1 of 14 ORAL COMMUNICATION/PUBLIC INPUT — 1. Susanne Tirona 2. Tina Blenz 3. John Garary Jr. 4. Don Brockschmidt 5. Brandon Murphy CONSENT CALENDAR ITEMS 1-12 It was moved by Councilmember Murray and seconded by Mayor Pro Tem Bernstein to pull Item No. 9 and 10 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 JULY 5, 2016 Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council and Tustin Housing Authority held on July 5, 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 amounts of $702,739.20 and $797,439.50; and Demands in the amount of $6,426,329.55 4 ADOPT RESOLUTION NO. 16-42 TO APPROVE THE SUBMITTAL OF A MEASURE M2 TIER 1 ENVIRNOMENTAL CLEANUP PROGRAM PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY. City Council August 2, 2016 Meeting Minutes Page 2 of 14 III City Council adoption of Resolution No. 16-42 will approve submittal of the City's project application for Renewed Measure M funds (Measure M2) under the Environmental Cleanup Allocation Program, Tier 1 Grant Program for fiscal year 2016/2017. The City has prepared and submitted a project application to complete the irrigation retrofit portion of the Median Landscape Rehabilitation project (CIP No. 10074). Motion: That the City Council adopt Resolution No. 16-42 approving the submittal of the project application to the Orange County Transportation Authority (OCTA) for funding under the Renewed Measure M Environmental Cleanup Allocation Program, Tier 1 Grant Program 2016 Call for Projects. 5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE VICTORY ROAD EXTENSION ROADWAY CONSTRUCTION PROJECT (CIP NO. 70221) The plans and specifications for the Victory Road Extension Roadway Construction Project (CIP No. 70221) have been substantially completed, pending final approval of the Project Environmental Review Form (PERF) T-012 and applicable portions of plans and specifications pertaining to the PERF by the Department of the Navy. Motion: That the City Council: 1. Adopt Resolution No. 16-35 approving the plans and specifications for the Victory Road Extension Roadway Construction Project (CIP No. 70221); and 2. Authorize the City Clerk to advertise to receive bids. 6. AWARD OF DETENTION BASIN LANDSCAPING AND WATER QUALITY INSTALLATION (CIP NO. 50038) AND TUSTIN LEGACY LINEAR PARK IMPROVEMENTS (CIP NO. 20077) Staff is recommending that the City Council award the construction contract 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 to the lowest responsive/responsible bidder, KASA Construction, Inc. Motion: That the City Council award the construction contract for the Detention Basin Landscaping and Water Quality Installation (CIP No. 50038) and Tustin Legacy Linear Park Improvements (CIP No. 20077) Construction Project to the lowest responsive/responsible bidder, KASA Construction, Inc., and waive any minor irregularity in the Bid Proposal in the amount of $5,117,105.75 and City Council August 2, 2016 Meeting Minutes Page 3 of 14 authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE MOFFETT DRIVE EXTENSION (CIP NO. 70230), LEGACY ROAD EXTENSION (CIP NO. 70231), FUTURE TUSD SCHOOL SITE (CIP NO. 70234) AND CITY PROPERTY (CIP NO. 70235) GRADING PROJECT. The plans and specifications for the Moffett Drive Extension (CIP No. 70230), Legacy Road Extension (CIP No. 70231), Future TUSD School Site (CIP No.70234) and City Property (CIP No. 70235) Grading Project have been prepared and the project is ready to be bid. Motion: 1. Adopt Resolution No. 16-44 approving the plans and specifications for the Moffett Drive Extension (CIP No. 70230), Legacy Road Extension (CIP No. 70231), Future TUSD School Site (CIP No. 70234) and City Property (CIP No. 70235) Grading Project; and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 16-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE MOFFETT DRIVE EXTENSION (CIP NO. 70230), LEGACY ROAD EXTENSION (CIP NO. 70231), FUTURE TUSD SCHOOL SITE (CIP NO. 70234) AND CITY PROPERTY (CIP NO. 70235) GRADING PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS 8. DESTRUCTION OF RECORDS — FINANCE DEPARTMENT Resolution No. 01-91, the Record Retention/Disposition Schedule, permits destruction of records and documents which meet certain criteria with the approval of the City Attorney and the City Council. Motion: Adopt Resolution No. 16-41, authorizing the destruction of records in the possession of the Finance Department. RESOLUTION NO. 16-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF THE FINANCE DEPARTMENT OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS, PURSUANT TO THE AUTHORITY City Council August 2, 2016 Meeting Minutes Page 4 of 14 GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE 9. AMENDMENT TO COOPERATIVE AGREEMENT NO. C-1-2620 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF TUSTIN FOR SENIOR MOBILITY PROGRAM The Orange County Transportation Authority (OCTA) has requested that the City of Tustin execute Amendment No. 1 to Cooperative Agreement No. C-1- 2620 in order to continue receiving Senior Mobility Program (SMP) grant funding, which partially funds the Senior Transportation Program at the Tustin Area Senior Center. It was moved by Councilmember Murray and seconded by Councilmember Puckett to execute Amendment No. 1 to Cooperative Agreement No. C-1-2620, thereby extending the City's enrollment in the Senior Mobility Program through June 30, 2021. Motion carried: 5-0 10. SUMMARY OF PROJECTS The following report provides a summary of projects and activities from the Community Development Department to the Tustin City Council. The report focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest. It was moved by Councilmember Puckett and seconded by Mayor Nielsen to receive and file this item. Motion carried: 5-0 11. FOURTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT Adoption of the attached Resolution will amend the terms and conditions of employment for the City Manager. Motion: That the City Council adopt Resolution 16-42 approving Amendment No. 4 to the Employment Agreement with the City Manager and authorize the Mayor to execute the Amendment. RESOLUTION NO. 16-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING AMENDMENT NO.4 TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER City Council August 2, 2016 Meeting Minutes Page 5 of 14 12. 2016-17 MEMBERSHIP IN THE LEAGUE OF CALIFORNIA CITIES The League of California Cities provides informational and educational services as well as legislative advocacy to its members throughout the state. It is the opinion of the City Manager's Office that the League delivers valuable learning opportunities and communication resources that are utilized by City staff to provide quality data in staff reports and in policy. The League of California Cities currently offers services to 474 cities in the state; 32 of those cities are from Orange County. Motion: That the City Council approve City membership in the League of California Cities. REGULAR BUSINESS ITEMS 13-17 13. ALTERNATIVE ON -STREET PARKING OPTIONS SOUTH OF 1-5 Director of Public Works Douglas S. Stack provided a verbal presentation. After the introduction and adoption of the first reading of Ordinance No. 1468 to establish preferential permit only parking on Carfax Drive, Chadoma Drive, Del Amo Avenue, Drayton Avenue and Mear Lane, the City Council directed Staff to identify and explore alternative options to on -street parking particularly in the section of the city south of 1-5. This action was prompted after residents from nearby owner occupied multi -family and apartment complexes expressed concerns over the continual reduction in available overnight public street parking by the establishment of preferential permit parking zones in and around the area. City Staff has identified several public right-of-way options for additional on - street overnight parking considerations that warrant further evaluation, coordination and technical analysis. Each option could potentially decrease the need for preferential permit parking in certain circumstances by enhancing the supply of overnight parking on public streets but operational issues for restrictive limited use, enforcement, and circulation, most significantly along the arterials of Newport Avenue and Red Hill Avenue corridors need further technical analysis. Options involving the beneficial use of privately held land are excluded as the City has no authority to impose parking enhancements or use of private land for the benefit of the general public in this regard. In the short term, staff reduced red curb on Sycamore Avenue and Walnut Avenue between Newport Avenue and Red Hill Avenue and will install pavement _markings along School Road and Service Road while options for additional on -street parking, including the west side of School Road, are analyzed for capacity and circulation. Options in this regard must consider City Council August 2, 2016 Meeting Minutes Page 6 of 14 operational issues involving the fully signalized intersection at Red Hill and Service Road, the adjacent A.G. Currie and Jeane Thorman TUSD schools, together with operational logistics for both the City Corporation Yard and Tustin Unified field services facilities. Near Term Implementation (30-45 days): Newport Avenue, South of Sycamore Avenue - on -street diagonal/head-in parking School Lane/Service Road, Sycamore Avenue to Red Hill Avenue - on -street parallel pavement markings installation Long Term Study (4-6 Months): • School Lane/Service Road, Sycamore Avenue to Red Hill Avenue - circulation and full utilization of on -street capacity for parallel (both sides)/diagonal parking Newport Avenue and Red Hill Avenue Avenue - restricted overnight parking Browning Avenue - Walnut Avenue diagonal/head-in parking Public Input: 1. John Garay Jr. - South of 1-5 to Sycamore to Nisson Road - on -street It was moved by Councilmember Puckett and seconded by Councilmember Murray to appropriate $50,000 from undesignated general fund reserves and authorize staff to issue Requests for Proposals for a technical Traffic Parking and Circulation Study to evaluate all opportunities and constraints for additional on -street parking in the area south of Interstate 5 (1-5) adjacent to both the Newport Avenue and Red Hill Avenue Corridors and to coordinate with the Orange County Transportation Authority (OCTA) as necessary on all viable options that may affect Measure M eligibility and return to City Council for further consideration. Motion carried: 5-0 14. SECOND READING AND ADOPTION OF ORDINANCE NO. 1468 Ordinance No. 1468 amends Tustin City Code (TCC) to establish preferential permit only parking on Carfax Drive South of Sycamore, Chadoma Drive North of Sycamore, Del Amo Avenue West of Mear Lane, Drayton Avenue, and Mear Lane. Public Input: 1. John Garay Jr. 2. Danielle Aguirre City Council August 2, 2016 Meeting Minutes Page 7 of 14 3. Angie Morales 4. Don Brockschmidt 5. Brandon Murphy It was moved by Councilmember Puckett and seconded by Councilmember Murray to have second reading by title only and adoption of Ordinance No. 1468 (roll call vote). 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 15. FIRST READING OF ORDINANCE NO. 1469 TO AMEND CITY CODE SECTION 5331n BY ESTABLISHING PREFERENTIAL PERMIT ONLY PARKING ON BIRCHFIELD DRIVE, SANDBROOK DRIVE AND SILVERBROOK DRIVE Residents on Birchfield Drive and Sandbrook Drive 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 street of Silverbrook Drive to determine parking impacts. These three 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 Birchfield Drive and Sandbrook Drive. Silverbrook Drive is anticipated to be impacted when permit parking is implemented on Birchfield Drive and Sandbrook Drive. Public Input: 1. Yop Jun 2. Catherine Zierer 3. Shawn Allapio 4. Generieve Grable 5. James Forde 6. Cherwood Cox Public Works Manager Krys Saldivar provided a PowerPoint presentation. It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember Murray to introduce and have the first reading of Ordinance No. 1469 to establish preferential permit only parking on Birchfield Drive, Sandbrook Drive and Silverbrook Drive, and set the second reading for the Council's next City Council August 2, 2016 Meeting Minutes Page 8 of 14 scheduled meeting. Motion carried: 5-0 ORDINANCE NO. 1469 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 16. WATER CONSERVATION UPDATE - JUNE 2016 As a result of the drought, the City of Tustin is required to provide the State Water Resources Control Board with a monthly report regarding water consumption and restrictions. This report summarizes the information provided to the State for the month of June 2016 and provides the City Council and the public with general information on previous and upcoming actions taken by the City. It was moved by Councilmember Puckett and seconded by Mayor Pro Tem Bernstein to Council receive and file this report. Motion carried: 5-0 17. APPOINTMENT OF REPLACEMENT SUCCESSOR AGENCY BOARD MEMBER This item is to consider the appointment of a replacement Board member of the Successor Agency to the Tustin Community Redevelopment Agency to replace resigning member Austin Lumbard. It was moved by Mayor Nielsen and seconded by Councilmember Murray to direct staff to request interest from the current members of the Planning Commission and present the interest list to the City Council. Motion carried: 4-1 (Councilmember Gomez dissenting) OTHER BUSINESS/COMMITTEE REPORTS City Manager Jeffrey C. Parker Announced the membership dues for the California League of Cities is only $8,000.00 for this year, $2,000.00 less than originally stated in staff report Announced and congratulated the Public Works Department for working hard to receive 2.3 million dollars from OCTA for the Downtown Core Plan Project. The project can begin City Council August 2, 2016 Meeting Minutes Page 9 of 14 immediately. Councilmember Puckett 3 Attended the Transportation Corridor Agencies Ad Hoc meeting July 9 Attended the Snooze restaurant grand opening July 11 Gave a Cub Scout Troop a tour of city hall July 28 Attended the ribbon cutting ceremony for the Veterans Housing in conjunction with the Orange County Rescue Mission; Tustin Exchange Club has raised a lot of money to furnish the apartments July 29 Attended a BBQ fundraiser at Wilcox Manor coordinated by the Tustin Exchange Club; which raised $10,000 to pay for new furniture for the Veteran Housing August 2 o Attended the Business Foreign Luncheon at Anaheim Stadium o Attended National Night Out; thanked Tustin Police Department for building community relations Councilmember Gomez Deferred comments until next meeting due the time and the fact that the Closed Session Meeting was scheduled after the Regular Meeting Councilmember Murray July 11 Attended the Orange County Transportation Authority Board of Directors Meeting July 13 Attended that Orange County Fire Authority Budget and Finance Meeting July 14 Attended the Orange County Transportation Authority Board of Directors Meeting July 20 Attended the Association of California Cities of Orange County meeting July 21 City Council August 2, 2016 Meeting Minutes Page 10 of 14 o Attended the Association of California Cities of Orange County meeting o Attended the Red Hill Corridor Meeting at Tustin High School July 28 Attended the Veterans Housing Ribbon Cutting Ceremony July 29 Attended the Orange County Animal Shelter Ground Breaking Ceremony Thanked Parks and Recreation staff for their help with the Dental Clinic Congratulated his daughter's water polo team for being number one in the nation Announced the 55 FWY project being presented soon to the Orange County Transportation Board Announced the Orange County Fire Authority Board is continuing to work hard with the Drowning Prevention Task Force Thanked the Police Department for a great National Night Out _Mayor Pro Tem Bernstein July 8 Attended the Water Advisory Committee Meeting; as of June the City of Tustin has saved 26% of their potable water; congratulations to the city and the school district with their efforts on conserving water July 13 Attended the LAFCO Orange County Local Agency Formation Commission Meeting July 21 Attended the Orange County Vector Control meeting; mentioned to please make sure to eliminate any standing water around your house or around your office to eliminate breeding potential for mosquitos July 25 Attended the Veterans Advisory Board Meeting; voted and passed to adopt two Marine units from Camp Pendleton July 28 Attended the Veterans Housing Ribbon Cutting Ceremony; congratulated city staff and the City Manager for their hard work in offering opportunities for veterans to get off the streets Congratulated the Tustin Exchange Club for their hard work in providing furniture for the Veterans Housing City Council August 2, 2016 Meeting Minutes Page 11 of 14 July 29 o Attended the Orange County Animal Shelter Groundbreaking Ceremony o Attended a BBQ fundraiser at Wilcox Manor coordinated by the Tustin Exchange Club August 2 o Attended the Business Foreign Luncheon at Anaheim Stadium o Attended the National Night Out Thanked Chief Charlie Celano and the Tustin Police Department; thanked them for their service Mayor Nielsen Attended six Orange County Sanitation District meetings in the month of July July 21 Attended the Red Hill Corridor Meeting at Tustin High School; had a really good tum out; glad the community is engaged July 25 Attended the Veterans Committee Meeting; committee is making good progress, especially with the adoption of the two Marine units July 28 Attended the Veterans Housing Ribbon Cutting Ceremony; thanked Jim Palmer for his hard work and dedication with the Veterans Housing July 29 Attended the Orange County Animal Shelter Groundbreaking Ceremony Conducted two Cub Scout tours of City Hall in the month of July Attended an Eagle Court of Honor for three young men from Tustin Troop 235 August 2 Attended National Night Out; glad council was able to participate with the event; congratulated Chief Celano on the event Closed Meeting in honor of State Senator Marion Ferguson who was an inspiration especially to women; she served on the California Senate as well as the California Assembly. 3 City Council August 2, 2016 Meeting Minutes Page 12 of 14 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY CALL TO ORDER — Meeting #2395 at 9:15 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: Carrie Woodward, Management Analyst 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 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — One Case 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 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Government Code § City Council August 2, 2016 Meeting Minutes Page 13 of 14 54957] — One Case a. Title: City Manager 5. THREAT TO PUBLIC SERVICES OR FACILITIES: [Government Code § 54957(a)] a.Consultation with Tustin Police Department, Police Chief Recessed at 9:15 p.m. Reconvened at 12:03 a.m. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. ADJOURNED at 12:04 a.m. The next meeting is scheduled for Tuesday, August 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. JOIRA NIELSEN, ERICA N. kAbE, Mayor City Clerk City Council August 2, 2016 Meeting Minutes Page 14 of 14