HomeMy WebLinkAbout02 CC MINUTES 10.4.16 Agenda Item 2
Reviewed:
City Manager ENR
Finance Director N/A
CITY OF TUSTIN REGULAR OCTOBER 4, 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
CLOSED SESSION MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
5:30 P.M.
CALL TO ORDER— Meeting #2398 at 5:30 p.m.
ATTENDANCE
Present: Mayor John Nielsen, Mayor Pro Tem Bernstein, and Councilmembers
Rebecca Gomez, Al Murray and Charles E. Puckett
Absent: None
City Clerk: Erica N. Rabe, City Clerk
Others Present: Jeffrey C. Parker, City Manager; David E. Kendig, City Attorney
PUBLIC INPUT — None
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from the City Attorney, that discussion in open session of the following matters will
prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION -
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2
cases)
City Council October 4, 2016
Meeting Minutes Page 1 of 11
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] — (2 cases)
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 Jeffrey C. Parker, City Manager and John
Buchanan, Director of Economic Development
Negotiating Parties Lincoln Property Company Commercial
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
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code §
54957(d)(1)] — (2 cases)
A.Title: City Manager
B.Title: City Attorney
Recessed at 5:31 p.m.
REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER— Meeting #2398 at 7:14 p.m.
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE —
American Legion
ROLL CALL — City Clerk
City Council October 4, 2016
Meeting Minutes Page 2 of 11
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
completed its public employee performance evaluation of the City Manager. Other than
that, there is no reportable action.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Troy Fresch
PRESENTATIONS —
Mayor Nielsen presented a Certificate of Recognition to Timothy Nguyen, Tustin High
School; Daniel Schneider, Foothill High School; and Mason Reynoso, Beckman High
School for their participation in the 2016 Boys State Program.
Mayor Nielsen presented a Proclamation to the Orange County Fire Authority Battalion
Chief Andy Kovacs in recognition of Fire Prevention week: October 9-15, 2016.
CONSENT CALENDAR ITEMS 1-6
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
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 SEPTEMBER 20, 2016
Motion: That the City Council approve the Action Minutes of the Regular
City Council October 4, 2016
Meeting Minutes Page 3 of 11
Meeting of the City Council and Tustin Housing Authority held on September 20,
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 $711,760.09; and Demands in the
amount of $4,708,924.61.
4. AWARD OF CONTRACT FOR THE COUNCIL CHAMBER RENOVATIONS
CONSTRUCTION PROJECT CIP NO. 10075
On September 20, 2016, bids were opened for the Council Chamber
Renovations Project (CIP No. 10075). Staff requests that the City Council award
the contract to TBC Contractors, Inc., the lowest responsive and responsible
bidder.
Motion: That the City Council award the construction contract for the Council
Chamber Renovations Project (CIP No. 10075) to the lowest
responsive/responsible bidder, TBC Contractors Inc. and authorize the Mayor
and City Clerk to execute the contract documents on behalf of the City.
5. AWARD CONTRACT FOR THE VICTORY ROAD EXTENSION ROADWAY
CONSTRUCTION PROJECT, CIP NO. 70221
Staff is recommending that the City Council award the construction contract for
the Victory Road Extension Roadway Construction Project, CIP No. 70221 to
the lowest responsive/responsible bidder, KEC Engineering.
Motion: That the City Council:
1. Deny the bid protest submitted by Sukut Construction, LLC;
2. Award the construction contract for Victory Road Extension Roadway
construction Project, CIP No. 70221 to the lowest responsive/responsible
bidder, KEC Engineering, in the amount of $ 4,667,473.62 and authorize
the Mayor and the City Clerk to execute the contract documents on
behalf of the City; and
3. Appropriate $753,973 from Community Facilities District 14-1 (Fund 443)
and $619,714 from the Capital Improvement Program—General Fund
(Fund 200).
6. DESTRUCTION OF RECORDS — POLICE DEPARTMENT
City Council October 4, 2016
Meeting Minutes Page 4 of 11
Government Code Section 34090 and the City of Tustin Records Retention
Schedule (Resolution No. 01-91) permit the destruction of records which meet
certain criteria with the approval of the City Council by resolution and the written
consent of the City Attorney. Penal Code Section 832.5 requires the Police
Department to retain certain reports and records relating to administrative
investigations for a period of at least five years before being disposed of in
accordance with Government Code Section 34090.
Motion: That the City Council Adopt Resolution No. 16-53 authorizing the
destruction of police records no longer required in possession of the Tustin
Police Department.
RESOLUTION NO. 16-53
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 TUSTIN POLICE
DEPARTMENT THAT ARE NO LONGER REQUIRED FOR TUSTIN POLICE
DEPARTMENT BUSINESS PURSUANT TO GOVERNMENT CODE SECTION
34090 AND THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE
REGULAR BUSINESS ITEMS 7-9
7. WATER CONSERVATION UPDATE —AUGUST 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 August 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 Murray and seconded by Councilmember
Gomez to receive and file this report.
Motion carried: 5-0
8. PARKING ON NEWPORT AVENUE SOUTH OF SYCAMORE AVENUE
After the adoption of Ordinance No. 1468 to establish preferential permit only
parking on Carfax Drive, Charloma Drive, Del Amo Avenue, Drayton Avenue
and Mear Lane, the City Council directed staff to explore options to increase on
-street parking in this neighborhood. Staff has identified an improvement
involving head-in parking on both sides of Newport Avenue south of Sycamore
Avenue, which increases the available on-street parking from 65 to 167 spaces.
City Council October 4, 2016
Meeting Minutes Page 5 of 11
Public Input:
1. John Garay
It was moved by Councilmember Murray and seconded by Councilmember
Puckett that the City Council:
1. Approve the project concept for head-in parking on both sides of Newport
Avenue south of Sycamore Avenue; and
2. Authorize staff to send a letter of concurrence to the Orange County
Transportation Authority accepting their conditions of approval prior to
project implementation.
Motion carried: 5-0
9. SECOND AMENDMENT TO EXCLUSIVE AGREEMENT TO NEGOTIATE
(ENA) WITH LINCOLN PROPERTY COMPANY COMMERCIAL, INC.
Approval is requested to amend the First Amendment to Exclusive Agreement
to Negotiate (ENA) with Lincoln Property Company Commercial, Inc.
(Developer) by extending the negotiation schedule through November 15, 2016.
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember
Gomez to authorize the City Manager to execute the Second Amendment to
ENA between the City and Lincoln Property Company Commercial, Inc., 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: 5-0
OTHER BUSINESS/COMMITTEE REPORTS
Councilmember Puckett
September 22
Attended the Transportation Corridor Agencies meeting.
September 23
Attended the Board of Trustees meeting for Hope International University.
September 24
Attended the Hope International Gayla at the Disneyland Hotel; a fundraiser for student
scholarships; was very well attended.
City Council October 4, 2016
Meeting Minutes Page 6 of 11
September 26
Attended the State of the Schools Breakfast at Beckman High School.
September 27
Was honored by the Canyons District of Orange County Council Boy Scouts as an
Outstanding Eagle Scout; citizens of Tustin are fortunate to have two councilmembers
receiving the Outstanding Eagle Scout Award, Mayor John Nielsen received his award last
year; was honored to receive such a significant award.
September 28
Attended the Transportation Corridor Agencies meeting.
September 29
Attended the Tustin Tiller Days kick-off party which is always a good time.
September 30-October 2
o Attended the Tustin Tiller Days Chamber of Commerce Pancake Breakfast.
o Participated in the Tustin Tiller Day Parade; great event.
o Was pleased to have the Neil Diamond Experience perform once again this year;
excellent tribute band performance.
o Thank you to all the volunteers and staff that put on such a wonderful event; sets
Tustin apart from other cities.
October 2
Attended Al Enderle's memorial service; he was a great man and will definitely be missed;
Al Enderle made Tustin a better place.
Councilmember Gomez
September 21
Attended the Tri-City Women's Conference sponsored by the cities of Cypress, Seal
Beach, and Los Alamitos held at the Cypress Community Center; there were some
outstanding speakers, including an FBI agent, a Marine Veteran, the CEO of Earth
Friendly Products, and a Superior Court Judge; this conference encourages women to
consider their careers; a lot of high school and college students were in attendance.
September 22
o Attended a presentation by Sylvia Mendez, an American civil rights activist; as a
child she was at the center of the Mendez vs. Westminster case which paved the
way for integration and the end of segregation in Orange County.
o Attended the Senior Advisory Board Meeting; welcomed their new board members;
the board is planning their annual retreat scheduled for later this month; also had
their annual volunteer potluck.
September 26
Attended Tustin's State of the Schools Breakfast at Beckman High School; a wonderful
City Council October 4, 2016
Meeting Minutes Page 7 of 11
community program which highlights academic achievements and activities in the Tustin
schools; teachers are doing amazing programs with their students.
September 30-October 2
Enjoyed Tustin Tiller Days; kudos to the Parks and Recreation staff and volunteers who
put on another outstanding event; everything seemed to run safe and smoothly.
October 4
Attended the Senior Fund Meeting to review the annual expenditures; discussed the
upcoming senior transportation project and some of the additional items needed at the
Senior Center.
Would like to make a special mention about Parks and Recreation staff, Jennifer Haag,
who works at the Tustin Sports Park; Jennifer is a very humble four-time Deaf Olympic
athlete; Jennifer is raising money to participate in the Deaf Olympics in Turkey, so please
consider supporting her by purchasing bracelets that she is selling.
Would like to extend an invitation to a program on October 5t" sponsored by the Tustin,
Santa Ana, Orange Branch of the American Association of University Women and the
League of Women Voters, a joint program to discuss the propositions that are on the
California ballot.
Councilmember Murray
September 21
Attended the Association of California Cities of Orange County (ACCOC) Board of
Directors meeting.
September 22
Attended the Orange County Transportation Authority (OCTA) Transit Committee meeting;
discussed the OC360 Bus Program which tries to increase ridership; less travel routes will
no longer be around, the more traveled routes will be enhanced; more information is
located on the OCTA website.
Attended the Orange County Fire Authority (OCFA) Board meeting; settled on a four-year
contract with OCFA firefighters; a very good contract for OCFA and the citizens;
complimented fellow board members for their hard work; first time in OCFA history that a
contract has extended past two years.
September 23-25
Attended the Delta Bay tour trip co-hosted with the Association of California Cities of
Orange County (ACCOC) and the Metropolitan Water District; Mayor Pro Tem Bernstein
was very instrumental in organizing the trip.
September 26
Attended the State of the Schools Breakfast at Beckman High School; Superintendent
City Council October 4, 2016
Meeting Minutes Page 8 of 11
Gregory A. Franklin, did an outstanding job of highlighting the programs of the Tustin
Unified School District.
Honored to lead the Pledge of Allegiance at Congresswoman Mimi Walters 45th District
United States Service Academy Program; had over 150 students and parents in
attendance with presentations by military branch academy personal; very nice event held
at Beckman High School.
September 29
Attended a sold out Association of California Cities of Orange County (ACCOC) and a
California Women's Leadership Ballot Breakfast; topic of discussion was the marijuana
propositions; fortunate to have Orange County Sherriff Sandra Hutchens and the Orange
County District Attorney Tony Rackauckas as part of the distinguished panel.
September 30
o Attended the Association of California Cities of Orange County (ACCOC)
infrastructure tour of the newly built Central Park in Stanton; very beautiful park.
o Attended the Tustin Area Republican Women's Federation Candidate Forum
luncheon.
Thanked the Parks and Recreation Department for organizing the Tustin Tiller Days event;
thanked the volunteers, public safety and Chief Charlie Celano for their hard work with the
event.
October 2
Attended Al Enderle's memorial service; Al Enderle was a wonderful man and will be
missed dearly; he made Tustin a great place.
October 3
Attended the Orange County Transportation Authority (OCTA) Executive Board meeting.
October 4
Attended the Orange County Fire Authority (OCFA) Human Resources Committee
meeting; there was discussion on the next steps for the Orange County Drowning
Prevention Task Force.
Mayor Pro Tem Bernstein
September 22
Attended the Association of California Cities of Orange County (ACCOC) Legislative
meeting.
September 23-25
Attended the Delta Bay tour, co-hosted by the Association of California Cities of Orange
County (ACCOC) and the Metropolitan Water District; thanked the staff at ACCOC,
Heather Stratman, Steve Greyshock, and Director Larry McKinney who were very
City Council October 4, 2016
Meeting Minutes Page 9 of 11
informative.
September 26
Attended the State of the Schools Breakfast at Beckman High School; congratulated the
Tustin Public Schools Foundation for hosting the event; looking forward to seeing another
Tustin middle school and high school come to fruition at the Tustin Legacy.
September 27
Attended the Outstanding Eagle Scout ceremony for Councilmember Chuck Puckett;
Councilmember Puckett exemplifies what it means to be a Boy Scout; it is an honor and
privilege to call Councilmember Puckett a friend; congratulated him on a wonderful honor.
September 29
Attended the Tustin Tiller Days kick-off dinner.
September 30-October 2
o Attended the Tustin Tiller Days Chamber of Commerce Pancake Breakfast.
o Participated in the Tustin Tiller Day Parade
o Thanked the volunteers and staff that put on such a wonderful event; thanked
everyone for coming out.
September 30
Attended the Tustin Area Republican Women's Federation Candidate Forum luncheon;
had the opportunity to speak regarding re-election; was a good time had by all.
October 6
The Orange County Mosquito and Vector Control District will be hosting a ribbon cutting
ceremony at the Santa Ana Zoo for their interactive mosquito display; highly recommend
everyone to attend.
Provided an overview of the Jewish New Year Rosh Hashanah
Mayor Nielsen
September 21
Attended the Orange County Sanitation District Board meeting; board was trying to decide
whether or not to move forward with the expansion of the ground water replenishment
system with the additional thirty million gallons of water per day budget and facility
improvements; testimony was provided so Orange County will be receiving the additional
thirty million gallons of water per day.
September 22
Attended the Orange County Council of Governments meeting; discussed creating
situations for cities to receive support and grant opportunities.
September 27
City Council October 4, 2016
Meeting Minutes Page 10 of 11
o Attended the Outstanding Eagle Scout Award ceremony for Councilmember Chuck
Puckett; was privileged and honored to present at the ceremony; congratulated
Councilmember Puckett on a job well done.
o Attended the Orange County Boy Scout Council Committee meeting; working on
ideas to incorporate new ways to communicate the message to the younger
generations in Orange County.
September 28
Attended and ran the Orange County Sanitation District Board of Directors meeting;
discussed new technology called Aquatomic, which is an agricultural water treatment
device.
September 29
Attended the Southern California Association of Governments meeting.
October 1
Attended the Tustin Tiller Days Pancake Breakfast and Parade; was a great event;
thanked all the volunteers; thanked Cherrill Cady for her hard work
October 2
Attended Al Enderle's memorial service; Al Enderle was a very open hearted, caring man
and will be missed dearly; was a very sweet service; Al Enderle will be dearly missed.
ADJOURNED at 8:07 p.m. The next meeting is scheduled for Tuesday, October 18,
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 October 4, 2016
Meeting Minutes Page 11 of 11