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HomeMy WebLinkAbout02 CC MINUTES 9.20.16 Agenda Item 2 Reviewed: City Manager ENR Finance Director N/A CITY OF TUSTIN REGULAR SEPTEMBER 20, 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 #2397 at 5:33 p.m. ATTENDANCE Present: Mayor John Nielsen, Mayor Pro Tem Bernstein, and Councilmembers Al Murray and Charles E. Puckett Absent: None City Clerk: Erica N. Rabe, City Clerk Others Present: Matthew S. West, Assistant 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 — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) City Council September 20, 2016 Meeting Minutes Page 1 of 14 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — (1 case) A. 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 John Buchanan, Director of Economic Development Negotiating Parties Lincoln Property Company Commercial Under Negotiation Price and Terms of Payment 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code § 54957(d)(1)] — (2 cases) a. Title: City Manager b. Title: City Attorney 5. LIABILITY CLAIMS [Government Code § 54956.95] — (1 case) a. Claim No. 16-17 - Glaubitt, Arnold 6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION - [Government Code section 54956.9(d)(1).] — (1 case) a. Kirk Clymer, et al. v. City of Tustin, U.S. Dist. Court, C.D. of Cal., Case No. 8:16-cv-01453-DOC-J C G Councilmember Gomez arrived at 5:43 p.m. Recessed at 5:34 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER— Meeting #2397 at 7:03 p.m. INVOCATION — Councilmember Puckett City Council September 20, 2016 Meeting Minutes Page 2 of 14 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: Matthew S. West, Assistant City Manager; David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council unanimously denied Claim No. 16-17, Claim of Arnold Glaubitt; other than that, there is no reportable action. PRESENTATIONS — Mayor Nielsen presented the history of Jim's Music Center in recognition of its 50th Anniversary. Mayor Nielsen presented a Proclamation to the Orange County Chapter in recognition of World Alzheimer's Awareness Month. ORAL COMMUNICATION/PUBLIC INPUT — 1. Dung Trinh 2. Michael Demoratz 3. Steven Glambin 4. Mark Senesac 5. Tina Blenz CONSENT CALENDAR ITEMS 1-11 It was moved by Councilmember Puckett and seconded by Councilmember Murray to move the balance as recommended by staff. Motion carried 5-0 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON City Council September 20, 2016 Meeting Minutes Page 3 of 14 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 AUGUST 16, 2016 Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council and Tustin Housing Authority held on August 16, 2016. 3. RATIFICATION 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 amounts of $759,121.70; and Demands in the amount of $7,877,928.05. 4. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT Pursuant to the Tustin Housing Authority Bylaws and State of California Housing Authorities Law of the California Health and Safety Code, the Tustin Housing Authority is holding an annual meeting and receiving and filing the annual report for the preceding fiscal year. Motion: That the Tustin Housing Authority Commissioners take the following actions: 1. Open their Annual Meeting and receive and file the Annual Report for Fiscal Year ("FY") 2015-2016 and transmit such report to the Tustin City Council. 2. Close their Annual Meeting That the City Council take the following actions: 1. Receive and file the Housing Authority's Annual Report for FY 2015-2016. 2. Direct that a copy of the Housing Authority's Annual Report for FY 2015- 2016 be filed with the City Clerk and ex-officio Clerk of the City Council of the City of Tustin and the California State Department of Housing and Community Development. City Council September 20, 2016 Meeting Minutes Page 4 of 14 5. APPOINTMENT OF REPRESENTATIVES TO STEVENS SQUARE PARKING STRUCTURE CONDOMINIUM ASSOCIATION This agenda item would appoint two individuals to serve as interim directors on the Board of the Stevens Square Parking Structure Condominium Association and authorize the City Manager to remove and make all future appointments to the Board on the City's behalf. Motion: That the City Council: 1. Appoint Jerry Craig and Dana Ogdon to serve and act in the capacity as the City's selected interim directors in the Stevens Square Parking Structure Condominium Association; and 2. Authorize the City Manager in his/her discretion to permanently or temporarily remove and appoint directors to that Association in the future. 6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE MOFFETT DRIVE BRIDGE AND ROADWAY CONSTRUCTION PROJECT (CIP NO. 70224) The plans and specifications for the Moffett Drive Bridge and Roadway Construction Project (CIP No. 70224) have been prepared and the project is ready to be bid. Motion: That the City Council: 1. Adopt Resolution No. 16-45 approving the plans and specifications for the Moffett Drive Bridge and Roadway Construction Project (CIP No. 70224); and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 16-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE MOFFETT DRIVE BRIDGE AND ROADWAY CONSTRUCTION PROJECT (CIP NO. 70224) AND AUTHORIZING ADVERTISEMENT FOR BIDS 7. AWARD CONTRACT 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 Staff is recommending that the City Council award the construction contract for the Moffett Drive Extension (CIP No. 70230), Legacy Road Extension (CIP No. City Council September 20, 2016 Meeting Minutes Page 5 of 14 70231), Future TUSD School Site (CIP No. 70234) and City Property (CIP No. 70235) Grading Project to the lowest responsive/responsible bidder, Sukut Construction, LLC. Motion: That the City Council award the construction contract 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 to the lowest responsive/responsible bidder, Sukut Construction, LLC., in the amount of $ 2,489,983.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 8. 2016 BIENNIAL CONFLICT OF INTEREST CODE REVIEW Biennially the City is required to review the list of designated positions in the Conflict of Interest Code. City staff recommends the following changes to the list of designated filers as follow: Motion: Adopt Resolution No. 16-51 modifying the Appendix (Designated Positions) contained in the City's Conflict of Interest Code. RESOLUTION NO. 16-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND REPEALING RESOLUTION NO. 14-61 9. AMENDMENT TO THE CITIZEN PARTICIPATION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM The City of Tustin's original Citizen Participation Plan was adopted in November 1995, and most recently amended in April 2007. The Citizen Participation Plan sets forth the City of Tustin's policies and procedures for citizen participation pertaining to all aspects of the development, amendment, and reporting related to the Consolidated Plan for the Community Development Block Grant (CDBG) program. In addition, the Citizen Participation Plan defines the roles, responsibilities, and composition of the Citizen Participation Committee. At the City's Council's meeting on April 19, 2016, the City Council directed staff to review the Citizen Participation Plan, specifically with regard to the current Citizen Participation Committee. The Council additionally requested that staff survey surrounding Orange County cities for guidance in drafting an amendment to the Citizen Participation Plan. The proposed amendment to the Citizen Participation Plan would modify the selection and composition of the Citizen Participation Committee. Currently, the Tustin Community Foundation is designated as the Citizen Participation Committee responsible for reviewing public service projects, and making a recommendation to the City Council at the start of each three-year funding cycle for public services. City Council September 20, 2016 Meeting Minutes Page 6 of 14 Motion: That the City Council adopt Resolution No. 16-48 amending the Citizen Participation Plan for the Community Development Block Grant (CBDG) program. RESOLUTION NO. 16-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY'S CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SUBMISSION OF THE AMENDMENT TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 10. AMENDING THE CITY'S CLASSIFICATION PLAN TO INCLUDE AN ADDITIONAL POSITION IN THE CLASSIFICATION OF TRANSPORTATION COORDINATOR AND ESTABLISH A LIMITED TERM PROJECT POSITION SUMMARY Approval of the following action will amend the City's Classification Plan to include one additional position in the classification of Transportation Coordinator and authorize staff to fill the position as a limited term project position. Motion: That the City Council adopt City Council Resolution No. 16-50 to amend the City's Classification Plan and authorize the appointment of a project employee in the classification of Transportation Coordinator for a period not to exceed two (2) years, unless otherwise extended by the City Council. RESOLUTION NO. 16-50 AMENDING THE CITY'S CLASSIFICATION PLAN TO INCLUDE AN ADDITIONAL POSITION IN THE CLASSIFICATION OF TRANSPORTATION COORDINATOR AND ESTABLISH A LIMITED TERM PROJECT POSITION SUMMARY 11. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF GENTRY MAYFIELD Adoption of the attached Resolution will certify that Gentry Mayfield is industrially disabled from his position of Police Officer and enable CalPERS to process his industrial disability retirement. Motion: Adopt Resolution No. 16-52 finding that Police Officer Gentry Mayfield is industrially disabled from performing the duties of his position. RESOLUTION NO. 16-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT GENTRY MAYFIELD, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER City Council September 20, 2016 Meeting Minutes Page 7 of 14 Mayor Nielsen presented a Certificate of Recognition to Rob Joly in recognition of the 50th anniversary of Jim's Music Center. PUBLIC HEARING ITEM 12 12. REVOCATION OF CONDITIONAL USE PERMIT 2015-05 AND DESIGN REVIEW 2015-005 AND RECOVERY OF ENFORCEMENT COSTS, IVY LOUNGE, 14001 NEWPORT AVENUE Director of Community Development Elizabeth Binsack provided an update regarding the proposed agreement to continue this item. Mayor Nielsen invited the potential buyer, Iraj Maqsoudi, to the podium to state for the record he has: reviewed the Conditions of Approval, understands the Conditions of Approval and will comply with the Conditions of Approval. It was moved by Mayor Nielsen and seconded by Councilmember Puckett to continue the item to the Regular meeting of the City Council scheduled on November 15, 2016. Motion carried: 5-0 REGULAR BUSINESS ITEMS 13-14 13. WATER CONSERVATION UPDATE - JULY 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 July 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 Gomez and seconded by Councilmember Puckett to receive and file. Motion carried: 5-0 14. SECOND READING AND ADOPTION OF ORDINANCE NO. 1470 Ordinance No. 1470 amends Tustin City Code (TCC) by repealing Chapter 12 of Article 5 regarding sex offender residency and loitering restrictions. City Council September 20, 2016 Meeting Minutes Page 8 of 14 It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember Gomez to have a second reading by title only and adoption of Ordinance No. 1470 (roll call vote). Motion carried: 3-2 (Mayor Nielsen and Councilmember Murray dissented) ORDINANCE NO. 1470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING CHAPTER 12 OF ARTICLE 5 OF THE TUSTIN CITY CODE REGARDING SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS. OTHER BUSINESS/COMMITTEE REPORTS Assistant City Manager Matthew West Wished City Manager, Jeffrey C. Parker, well on dealing with a family issue Councilmember Puckett o Attended the Transportation Corridor Agencies Board of Directors meeting o Attended a couple of Ad Hoc Committee meetings August 20 Attended the Broadway in the Park production of Beauty and the Beast; congratulated the and Tustin Area Council for Fine Arts August 21 Attended the Boys and Girls Club Car Show at Enderle Center; was well attended August 25 Attended the Regency Center Groundbreaking Ceremony at Tustin Legacy August 26 Attended the Nordstrom Rack Grand Opening; welcomed Nordstrom Rack to the city September 8 Attended the Orange County Tax Payers Association Roses and Radishes Dinner September 10 Attended the Pastafest at the Senior Center; congratulated the Senior Center on a successful event City Council September 20, 2016 Meeting Minutes Page 9 of 14 Councilmember Gomez August 19 Attended the Broadway in the Park production of Beauty and the Beast; congratulated the Tustin Area Council for Fine Arts on another great event August 25 Attended the Regency Center Groundbreaking Ceremony for The Village at Tustin Legacy; a welcome addition to the homes in the area for a convenient place to shop August 27 Attended the Democratic Party of Orange County Truman Awards Dinner to honor the people who have contributed to the political landscape in Orange County September 2 Attended Tustin High School vs. Foothill High School football game September 7 Attended the American Association of University Women (AAUW); guest speaker was Angie Kardashian former Tustin restaurant owner, who shared her experience after 9/11 September 9 & 10 Attended the California County School Board Association meeting in Monterey; very informative to hear about the innovations of different counties September 11 Attended the 9/11 Remembrance Ceremony at the fire station; thanked the Orange County Fire Authority for allowing Tustin to use Fire Station 37 September 14 Attended the Chamber of Commerce Breakfast and Officer of the Month Meeting; keynote speaker was City Manager, Jeffrey C. Parker; Officer of the Month was Matthew Roque who has been working tirelessly with fellow officers to improve communications with our citizens Unable to attend the Pastafest due to her trip to Monterey September 16 o Attended the Advanced Technology and Education Park (ATEP) Groundbreaking Ceremony o Attended a fundraiser for Tustin Public Schools Foundation at the new California Fish Grill September 17 Attended the Constitution Week presentation at the Tustin Library City Council September 20, 2016 Meeting Minutes Page 10 of 14 September 19 Attended the Senior Advisory Council Legislative Committee meeting; the representatives from the Senior Legislative Committee gave an overview of state legislative bills; a local arbitrator provided a presentation on the arbitration process. Councilmember Murray August 17 Attended the Association of California Cities of Orange County Board of Directors meeting August 18 Attended the Orange County Transportation Association Legislative Board meeting August 22 Attended the Orange County Transportation Authority Board of Directors meeting August 25 Attended the Orange County Fire Authority Board of Directors meeting; settled on a four- year contract with the firefighters September 1 Attended the Orange County Transportation Authority Executive Board meeting September 8 o Attended the Orange County Transportation Authority Transit Committee meeting; moving forward with OC360, a program which reassess the bus travel to make it more effective o Attended the Orange County Tax Payer Association Roses and Radishes Dinner September 9 o Attended the Association of California Cities of Orange County Infrastructure and Technology Committee meeting o Attended the Women of Character Awards Luncheon; Senator Pat Bates was honored as Legislator of the Year September 11 Attended the 9/11 Remembrance Ceremony at Fire Station 37; thanked the Orange County Fire Authority September 12 Attended the Thin Blue Line Flag Raising Ceremony at the Orange County Sheriff's Department Training Facility, Lt. Bob Wright was in attendance; hosted by Sheriff Hutchens September 14 o Attended the Chamber of Commerce Breakfast and Officer of the Month Meeting; City Council September 20, 2016 Meeting Minutes Page 11 of 14 an outstanding presentation given by keynote speaker City Manager, Jeffrey C. Parker; Officer of the Month was Matthew Roque o Attended the Orange County Fire Authority Budget and Finance Committee meeting September 15 Attended the Orange County Transportation Authority Legislative and Communications Committee meeting September 16 Attended the Advanced Technology and Education Park (ATEP) Groundbreaking Ceremony Thanked citizens who have called regarding the congestion at Red Hill and EI Camino Real next to the 1-5 FWY. Thanked Public Works Director Douglas S. Stack who will be meeting with Caltrans to work on this issue. Mayor Pro Tem Bernstein Attended the Daughters of the American Revolution event at the Tustin Library recognizing Constitution Week August 18 Attended the Orange County Mosquito and Vector Control Board Meeting; there have been fifteen cases of the West Nile Virus reported in Orange County, one in Tustin; no plan for aerial spraying in Orange County at this time; encourage everyone to visit the Orange County Mosquito and Vector Control website August 21 Attended the Boys and Girls Club Car Show at Enderle Center August 25 Attended The Village Regency Center Groundbreaking Ceremony at Tustin Legacy; congratulated staff for bringing in new business September 8 Attended the Orange County Tax Payer Association, Roses and Radishes Dinner; congratulated the winners and those nominated for radishes September 9 o Attended the Working Wardrobes and Stars and Stripes event at the Tustin Golf Course; congratulated Jerri Rosen o Attended the Water Advisory Committee of Orange County meeting September 10 Attended the Pastafest event at the Senior Center; thanked Marilyn Buescher and staff for City Council September 20, 2016 Meeting Minutes Page 12 of 14 a great event September 11 o Attended the 9/11 Remembrance Ceremony event at the fire station; thanked the Orange County Fire Authority for allowing Tustin to use Fire Station 37 o Attended the Divine Wine Event at the Marconi Auto Museum; congratulated the Tustin Community Foundation for a wonderful event September 15 o Attended the Orange County Mosquito and Vector Control Board of Directors meeting o Attended the Association of California Cities of Orange County CCOC Water Committee meeting at the Mesa Water District; the process of desalination in Carlsbad, Huntington Beach, and Dana Point was discussed; encouraged the public to visit the Association of California Cities of Orange County CCOC website for more information September 16 Attended the Advanced Technology and Education Park (ATEP) Groundbreaking; will be a campus of innovations September 18 o Attended the Blue Buoy Ocean Swim Show; congratulated Johnny and Cindy Johnson for a wonderful event o Attended the Miss Tustin Fashion Show Event at Wilcox Manor; congratulated Cherrill Cady on coordinating the event Councilmember Puckett Congratulated Tyron Jackson and Operation Warm Wishes on the clean-up project they assisted with in Santa Ana Mayor Nielsen August 21 Attended the Boys and Girls Club Car Show at Enderle Center; was a wonderful event August 24 o Attended the Orange County Sanitation District Board of Directors meeting; attempting to get everything organized for the thirty million gallons of recycled water, the money intact; and to make Orange County self sufficient water wise o Attended the Orange County Council of Government meeting; SB 32 was signed August 25 Attended the Regency Center Groundbreaking Ceremony at Tustin Legacy; Hoag Medical City Council September 20, 2016 Meeting Minutes Page 13 of 14 Group will have a medical and urgent care facility on the property; looking forward to that when it's complete August 29 o Attended the Veterans Advisory Board Meeting o Attended Veterans Advisory Board Banner Sub-Committee; discussed having individual, active and veteran, banners placed throughout the city for veterans who live/have lived in Tustin or served at the former Tustin Military Base September 7 Attended the Orange County Sanitation Operations District meeting September 8 Attended the Orange County Tax Payer Association, Roses and Radishes Dinner; very well done; happy that Tustin was not nominated for a Radish Award September 11 Attended the 9/11 Remembrance Ceremony at the fire station; thanked the Orange County Fire Authority for allowing Tustin to use Fire Station 37 September 12 Attended the North Tustin Ad Hoc Committee meeting; worked on issues of common interest. September 13 Attended the Orange County Sanitation Legislative District meeting September 14 o Attended the Orange County Sanitation Administration meeting; discussed upgrading the computer system o Attended the Chamber of Commerce Breakfast and Officer of the Month Meeting; honored Officer of the Month Matthew Roque for a great job he does in and with the community September 16 o Attended the Advanced Technology and Education Park (ATEP) Groundbreaking o Attended the Daughters of the American Revolution Event recognizing the United States Constitution; had a great time at the event ADJOURNED IN MEMORY OF AL ENDERLE ADJOURNED at 8:13 p.m. The next meeting is scheduled for Tuesday, October 4, 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 September 20, 2016 Meeting Minutes Page 14 of 14