HomeMy WebLinkAbout02 CC MINUTES 10.18.16 Agenda Item 2
Reviewed:
City Manager ENR
Finance Director N/A
CITY OF TUSTIN REGULAR OCTOBER 18, 2016
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
• 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
5:30 P.M.
CALL TO ORDER— Meeting #2399 at 5:35 p.m.
ATTENDANCE
Present: Mayor John Nielsen and Councilmembers Rebecca Gomez 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
City Council October 18, 2016
Meeting Minutes Page 1 of 13
cases)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
a. Orange County Water District, a California public agency; all persons
interested in the matter of Orange County Water District Resolution No. 16-
4-37; and Does 1 to 20, inclusive vs. Irvine Ranch Water District (Case No.
30-2016-00858584-C U-WM-CJ C)
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code §
54956.8] — (1 case)
A. Property 430-391-127 430-391-097 430-381-417 430-381-437
Address/Description 430-381-75
Agency City of Tustin
City Negotiators Matthew S. West, Assistant City Manager
Negotiating Parties Tustin Unified School District, represented by Dr.
Gregory Franklin, Superintendent
Under Negotiation Price and Terms of Payment
Recessed to Closed Session at 5:36 p.m.
Councilmember Murray arrived at 5:38 p.m.
Mayor Pro Tem Bernstein arrived at 5:40 p.m.
REGULAR MEETING
OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER— Meeting #2399 at 7:00 p.m.
INVOCATION — Mayor Nielsen
PLEDGE OF ALLEGIANCE — Councilmember Puckett
ROLL CALL — City Clerk Erica N. Rabe reflected in the record that all members were in
attendance
City Council October 18, 2016
Meeting Minutes Page 2 of 13
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council took no
reportable action.
ORAL COMMUNICATION/PUBLIC INPUT — None
CONSENT CALENDAR ITEMS 1-6
Mayor Nielsen announced that the City Council received a revised Exhibit F for Item No. 6
that will be included in the recommendation. The Exhibit is on file with the City Clerk for
public review.
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 OCTOBER 4, 2016
Motion: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council and Tustin Housing Authority held on October 4,
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 $700,188.98; and Demands in the
amount of $2,907,630.68.
4. APPROVE LETTER OF AGREEMENT TRANSFERRING OWNERSHIP OF
City Council October 18, 2016
Meeting Minutes Page 3 of 13
UNDERGROUND TELECOMMUNICATION FACILITIES ALONG MOFFETT
DRIVE AND PARK AVENUE IN TUSTIN LEGACY TO AT&T CALIFORNIA
Construction of the ongoing improvements on Moffett Drive between Park
Avenue and Jamboree Road and on Park Avenue between Moffett Drive and
Victory Road includes installation of Pacific Bell Telephone Company dba AT&T
California underground telecommunication facilities within the public right of
way. It is therefore necessary for the City of Tustin to enter into Letter of
Agreement transferring ownership of the underground telecommunication
facilities to AT&T California. The facilities are in the right of way pursuant to the
franchise.
Motion: That the City Council approve a Letter of Agreement transferring
ownership of underground telecommunication facilities along Moffett Drive and
Park Avenue in Tustin Legacy to AT&T California, and authorize the Mayor and
City Clerk to execute the agreement on behalf of the City.
5. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR HERITAGE PARK PLAYGROUND
RENOVATION (CIP NO. 20078)
This project includes the purchase and installation of playground equipment and
ADA required playground surfacing at Heritage Park.
Motion: That the City Council approve Resolution No. 16-58, approving
specifications for the purchase and installation of new playground equipment at
Heritage Park (CIP No. 20078) and authorizing the City Clerk to advertise for
bids.
RESOLUTION NO. 16-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PURCHASE AND
INSTALLATION OF PLAYGROUND EQUIPMENT AT HERITAGE PARK (CIP
No. 20078)
6. RATIFICATION OF REVISED FIRST AMENDMENTS TO MITIGATION AND
SITE CONVEYANCE AGREEMENTS WITH THE TUSTIN UNIFIED SCHOOL
DISTRICT RELATING TO MCAS TUSTIN SCHOOL PROJECT
Pursuant to the City Council's approval, the City executed and entered into a
Site Facilities Implementation, Funding and Mitigation Agreement (the
"Mitigation Agreement") and Site Conveyance Agreement with Tustin Unified
School District ("TUSD") on August 25, 2015 (the "2015 Agreements"). The
primary purpose of the 2015 Agreements is to provide funding for construction
of a 6-12 TUSD school project on a portion of the Marine Air Corps Air Station
and for the City to convey a 40-acre school site to TUSD for the 6-12 school
City Council October 18, 2016
Meeting Minutes Page 4 of 13
project.
The City and TUSD have agreed to revise the 2015 Agreements to modify the
configuration of the 40-acre site and to shift responsibility for grading the site
from TUSD to the City, and to revise the priority by which certain project-related
costs would be reimbursed to the parties. The First Amendment to the Site
Facilities Implementation, Funding and Mitigation Agreement and First
Amendment to the Site Conveyance Agreement ("First Amendments")
implement this change.
On August 16th of this year, the City Council approved and authorized the
Mayor to execute the First Amendments. Since that time, the terms of the First
Amendment were revised and, on October 10th, the TUSD Board of Directors
approved the revised versions of the First Amendments. Because the terms
were revised, this item seeks the City Council's ratification (approval) of the
revised versions of the First Amendments.
Motion: That the City Council ratify, and authorize the Mayor to execute, the
revised First Amendments attached to the staff report as Attachment B including
revised Exhibit F, which is on file with the City Clerk.
PUBLIC HEARING ITEMS 7-8
7. GENERAL PLAN AMENDMENT 2016-01, ZONE CHANGE 2016-001,
SUBDIVISION 2016-03/TENTATIVE TRACT MAP 17993, DEVELOPMENT
AGREEMENT 2016-002 AND DESIGN REVIEW 2016-14 FOR THE
DEVELOPMENT OF 140 RESIDENTIAL CONDOMINIUMS AT 320-438 W.
SIXTH STREET AND 620-694 S. B STREET
The project is a request to subdivide a 6.81-acre lot for condominium purposes
to construct 140 residential units, and ancillary uses including a privately owned,
publicly accessible mini park and other amenities. The site is located on the
south side of Sixth Street at its intersection with B Street. The proposed project
requires approval of a General Plan Amendment, Zone Change, Tentative Tract
Map, Design Review and Development Agreement. On September 27, 2016,
the Planning Commission adopted Resolution Nos. 4325 recommending City
Council find the Mitigated Negative Declaration adequate for the project, 4326
recommending approval of General Plan Amendment 2016-01, 4327
recommending approval of Subdivision 2016-03/TTM 17933 and Design Review
2016-004 and 4328 recommending approval of Zone Change 2016-001.
The applicant is requesting the City Council continue the item to November 15,
2016 to allow the applicant time to address comments made by the Planning
Commission on September 27, 2016 with respect to architectural elevation
improvements.
City Council October 18, 2016
Meeting Minutes Page 5 of 13
Public Hearing opened at 7:04 p.m.
Public Hearing closed at 7:05 p.m. with no public comments
It was moved by Councilmember Murray and seconded by Councilmember
Gomez to continue the item to the November 15, 2016 meeting.
Motion carried: 5-0
8. THE FLIGHT AT TUSTIN LEGACY: DEVELOPMENT AGREEMENT (DA)
2016-001, CONCEPT PLAN (CP) 2016-001, DESIGN REVIEW (DR) 2016-001,
SUBDIVISION (SUB) 2016-02, TENTATIVE TRACT MAP (TTM) 18003,
CONDITIONAL USE PERMITS (CUP) 2016-01; 2016-02; 2016-15; 2016-23,
MINOR MODIFICATIONS (MM) 2016-01 AND 2016-02 FOR THE
DEVELOPMENT OF A COMMERCIAL MIXED USE PROJECT THAT
INCLUDES A CREATIVE OFFICE CAMPUS WITH ACCESSORY FOOD
HALL AND CONFERENCE CENTER WITHIN A PORTION OF PLANNING
AREAS 9-12, NEIGHBORHOOD E, MCAS TUSTIN SPECIFIC PLAN
The project is a request to construct an 870,000 square foot creative office
campus with an accessory food hall and conference center within a portion of
Planning Areas 9-12 (Neighborhood E) of the MCAS Tustin Specific Plan. The
proposed project requires approval of a General Plan Conformity determination,
Development Agreement, Concept Plan, Design Review, Subdivision/Vesting
Tentative Tract Map, Conditional Use Permits and Minor Modifications. On
September 27, 2016, the Planning Commission adopted Resolution No. 4320
determining the conveyance of the project site is in conformance with the
General Plan, Resolution No. 4321 recommending City Council adopt
Ordinance No. 1471 approving DA 2016-001, Resolution No. 4322
recommending approval of VTTM 18003, Resolution No. 4323 recommending
approval of CP 2016-001, DR 2016-001, CUP 2016-02, CUP 2016-23, MM
2016-01 and MM 2016-02 and Resolution No. 4324 recommending approval of
CUP 2016-01 and CUP 2016-015.
The City and the applicant are requesting the City Council to continue the item
to November 1, 2016, to allow respective attorneys to finalize the real estate
transaction documents related to the Disposition and Development Agreement.
Public Hearing opened at 7:06 p.m.
Public Hearing closed at 7:06 p.m. with no public comments
It was moved by Councilmember Puckett and seconded by Mayor Nielsen to
continue the item to the November 1, 2016 meeting.
City Council October 18, 2016
Meeting Minutes Page 6 of 13
Motion carried: 5-0
REGULAR BUSINESS ITEMS 9-10
9. INTRODUCE ORDINANCE NO. 1474 ALLOWING THE CITY COUNCIL TO
CONDUCT BUSINESS DURING REGULAR MEETINGS AT ALTERNATE
LOCATIONS WHEN NECESSARY
Adoption of proposed Ordinance No. 1474 would amend Section 1301 of the
Tustin City Code to allow the City Council to conduct business during Regular
Meetings at locations other than the Council Chamber when deemed
necessary.
It was moved by Councilmember Puckett and seconded by Councilmember
Murray to introduce and have first reading by title only of Ordinance No. 1474
and set the second reading for November 1, 2016 meeting.
Motion carried: 5-0
ORDINANCE NO. 1474
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING
SECTION 1301 OF THE TUSTIN CITY CODE RELATING TO MEETING
DATES
10. LEGISLATIVE UPDATE
Staff prepared a recap of bills Governor Brown has approved or vetoed at the
last Legislative session.
Public Works Director Douglas S. Stack provided an update regarding the water
conservation mandate and the requirements currently enforced by the City.
The City Council unanimously voted to receive and file this report.
OTHER BUSINESS/COMMITTEE REPORTS
Councilmember Puckett
Commented that it's nice to have the Boy Scouts in attendance.
October 5
Attended the Transportation Corridor Agencies Mobility meeting.
October 6
City Council October 18, 2016
Meeting Minutes Page 7 of 13
Attended the League of California Cities dinner in Long Beach.
October 7
Attended the Change of Command Ceremony at Camp Pendleton; met the two military
squadron's the City of Tustin is adopting.
October 11
Attended the Chinese Consulate dinner in Los Angeles; great to attend such a function.
October 12
Attended the Tustin Chamber of Commerce breakfast; Tustin Unified School District
Superintendent Gregory A. Franklin was the keynote speaker; Tustin Unified School
District is above the state average for graduating students.
October 13
Attended the Transportation Corridor Agencies Board of Directors meeting.
October 14
o Attended the City of Fullerton Mayor's Prayer Breakfast at Hope University.
o Attended the Heritage School Ribbon Cutting Ceremony; great to see children excited
about the school opening.
o Attended the Operation Warm Wishes Gala at Wilcox Manor; raised thousands of
dollars; Tyron Jackson has done a phenomenal job with the homeless in the
community and surrounding communities; congratulated Tyron Jackson for a
successful gala.
October 17
Attended the Tustin Chamber of Commerce Candidate Forum; very well attended.
October 18
Attended Ivy Bridge's 88th birthday celebration; congratulated on 88th birthday.
Councilmember Gomez
October 5
Attended the League of Women Voters presentation on the ballot propositions; if you did
not have the opportunity to attend the non-partisan presentation, please visit their website
at https://Iwvc.org/; thanked the City of Tustin and the Tustin Library for assisting with this
event.
October 7
Attended Pam Hardacre's retirement party from the Tustin Police Department; was a great
send off for her; thanked those who planned the event and those who attended
October 12
Attended the Tustin Chamber of Commerce Breakfast; Superintendent Dr. Gregory A.
City Council October 18, 2016
Meeting Minutes Page 8 of 13
Franklin was the keynote speaker.
October 13
o Spoke to the eighth grade class at Curry Middle School regarding running for office
and the concepts of democracy and informed voting.
o Attended the Senior Advisory Board annual retreat; planned their strategic
initiatives for the upcoming year; there will be a needs assessment which will be
done in early 2017.
o Attended the Orange County Library Advisory Board meeting; primary discussion
items were changes in the library hours which took effect in July and planning of
the library system on a long term basis; the board voted to create an ad hoc
committee after the November elections to discuss the long term strategic plan and
the funding for the Orange County Library System.
o Was interviewed by a graduate student from California State Fullerton University for
an oral history project on Orange County female elected officials.
October 14
o Attended the Senior Advisory Council which met at the new Huntington Beach
Senior Center; key items that were discussed: interest list for Senior Serve is at
135; Senior Serve is the provider for Tustin but they also serve other cities; any
high risk case will have a case manager visit within a week; Medi Care Open
Enrollment started on October 15th and ends December 7th; new Medi Care rates
will increase by 0.3% for 2017.
■ The Orange County Office on Aging published a report titled OC Older Adult
Profile 2016; report discusses demographics as well as information on
income housing, nutrition, health insurance and many other topics that affect
this population; report can be found on the front page of the Office on Aging
website, http://officeonaging.ocgov.com/, click on "more info" to download
the report.
■ A large portion of the meeting was spent reviewing and prioritizing pending
legislation that affect the senior population.
October 15
Attended the ArtWalk Event in Old Town Tustin, was a great event and the weather was
perfect; some of the restaurants had specials to encourage people to spend the afternoon
there; thanked the Parks and Recreation staff, volunteers and local businesses for a
successful event.
Thanked Public Works Director Douglas S. Stack for providing information on the water
issues.
Requested Councilmember Murray to check out an issue through the Orange County
Transportation Authority: Noticed that the carpool lane from the 405 freeway going north
to the 55 freeway that the nearest exit is Edinger Avenue. As the City builds out The
Legacy, we probably want people to exit onto Dyer Road because that will relieve some of
the traffic. So as a long term strategy, we need to look at that before we continue to build,
especially if we look at some of the office build out. Requested that he take a look at that
City Council October 18, 2016
Meeting Minutes Page 9 of 13
and give Council some feedback in the upcoming months.
Councilmember Murray
October 5
Attended the Association of California Cities of Orange County (ACCOC) Homeless
Taskforce meeting; thanked City Manager Jeffrey C. Parker for sitting on the panel with
other city managers and being intricately involved for making some great
recommendations.
October 6
Attended the Los Angeles International Airport Chief Badge Pinning Ceremony for the new
Chief of Police David Maggard, with Tustin Police Chief Charles F. Celano; ceremony was
well attended; thanked Chief Celano for attending
October 7
o Attended the Orange County Auto Show Annual Luncheon; keynote speaker was
Mayor Rudy Giuliani; discussed the events that occurred on 9/11, the hard
decisions, leadership and heartache that he went through that day; was a
heartwarming presentation.
o Attended Pam Hardacre's retirement party from the Tustin Police Department; was
a great send off for her; Pam had 30 years of distinguished service with the City of
Tustin Police Department; Tustin Police Chief Charles F. Celano gave a very nice
speech for Pam's send off.
October 8
Traveled to Emmitsburg, Maryland with colleagues and several Orange County Fire
Authority (OCFA) representatives, for the National Fallen Firefighters Memorial Ceremony;
was there to honor Greg Hennessey, an engineer for the Orange County Fire Authority
(OCFA) who passed away a couple of years ago; was a very touching event with 121
other fallen firefighters being honored as well.
October 10
Attended the Orange County Transportation Authority (OCTA) Board meeting.
October 11
Attended the Orange County Business Chamber had a Workforce Development
Conference at the Hyatt Hotel; very interesting information on millennials in the workforce
movement in Orange County; an informative conference.
October 12
o Attended the Tustin Chamber of Commerce Breakfast; Superintendent, Gregory A.
Franklin was the keynote speaker; he spoke on the great things Tustin Unified
School District is doing.
o Attended the Orange County Fire Authority (OCFA) Budget and Finance meeting.
o Attended the Orange County Transportation Authority (OCTA) Transit Committee
City Council October 18, 2016
Meeting Minutes Page 10 of 13
meeting; primary topic was the OC 360 bus plan, discussed on reductions on cost
for riders and how to increase the numbers in ridership.
Announced October is Breast Cancer Awareness Month; with pink being the color to
represent breast cancer awareness, a lot of pink will be worn throughout the month.
October 14
o Attended the Orange County Sanitation District's State of the District Breakfast;
Mayor John Nielsen gave a nice presentation
o Attended the Heritage Elementary School Ribbon Cutting Ceremony.
o Attended the Operation Warm Wishes Fundraiser Gala at Wilcox Manor; daughter
Emily was his date for the evening.
October 15
Attended the California Firefighters Memorial in Sacramento, California; Orange County
Fire Authority (OCFA) event to honor Greg Hennessey.
October 17
o Attended the Orange County Drowning Prevention Task Force meeting; discussed
next year's outcome; will be passing the torch to a colleague to take the position of
chairman.
o Was honored to give the Invocation at the Tustin Chamber of Commerce's
Candidate Forum.
Thanked Chief Charles F. Celano for attending the memorial service for the two fallen
Palm Springs Police Officers, Jose "Gil" Vega and Lesley Zerebny.
Mayor Pro Tem Bernstein
October 5
Attended the Association of California Cities of Orange County (ACCOC) Homeless
Taskforce meeting; an excellent meeting and well attended; the City of Tustin continues to
partner with Orange County Housing Authority to provide Section 8 housing to low income
and outreach families; City of Tustin continues to take a leadership role in a very difficult
subject.
October 6
o Attended the Orange County Mosquito and Vector Control District ribbon cutting
ceremony at the Santa Ana Zoo for their interactive mosquito display; encouraged
everyone to take a tour and visit the exhibit.
o Attended the California League of Cities Cocktail Dinner sponsored by CR&R; a
good time had by all; thanked CR&R for the invitation.
October 7
Attended the Change of Command Ceremony at Camp Pendleton for Squadron VMM 364
the Purple Foxes; had the honor to watch the retirement of Lieutenant Colonel Paul
City Council October 18, 2016
Meeting Minutes Page 11 of 13
Kopatz and the installation of Lieutenant Colonel Steven J. Connely; presented the two
City of Tustin adopted squadrons, Marine Light Attack Helicopter Squadron HMLA 267 the
Stingers and Marine Medium Tiltrotor Squadron VMM 364 the Purple Foxes, with adoption
certificates; a good time was had by all.
Was unable to attend the Operation Warm Wishes Gala at Wilcox Manor but heard it was
a success; congratulations to Tyron Jackson and to those who assisted with the event;
congratulations to Lori Abelove for putting the time and energy into such a successful
event.
Had the privilege of attending the State of the Schools Breakfast; Tustin Unified School
District is one of the best school district's in the state; congratulated the Board, the
administrators, and all the teachers.
October 17
Attended the Tustin Chamber of Commerce Candidate Forum; thanked the Chamber of
Commerce, the sponsors, all those who attended the event, and those who streamed the
forum which Cris Cusac was able to arrange.
Announced that there was a very scary incident at Lake Forrest Elementary School,
students received over one hundred bites of an unknown entity; Orange County Vector
Control discovered bites were caused by biting mites in the playground woodchips;
congratulated the staff at the Orange County Vector Control on a job well done; very
proud to be president of the Orange County Vector Control Board.
Announced some unfortunate news, the first death of the West Nile Virus in Orange
County occurred in the City of La Habra; currently in Tustin there are twenty-eight positive
West Nile Virus mosquitos which have been discovered; currently there are two human
cases, no deaths.
Congratulated his wife on their twenty-ninth wedding anniversary.
Mayor Nielsen
Deferred most comments until next council meeting.
Announced there are a lot of great non-profit groups within the City of Tustin; a few great
things happening the past couple of weeks, one of them being the adoption of the two
Marine Squadrons from Camp Pendleton; this will give the community an opportunity to
help support the military families when they are deployed; will help to provide moral,
logistical and material support to the families; look forward to that relationship growing in
the future; Marines were very hospitable and welcoming while at Camp Pendleton for the
Change in Command Ceremony; was very touching for the Marines to take time out of
their busy schedule to welcome everyone; very grateful to those Marine squadrons and all
the active military service men and women.
City Council October 18, 2016
Meeting Minutes Page 12 of 13
Announced the success of Operation Warm Wishes Gala, organized by Tyron Jackson
who has worked tirelessly with the homeless in the community; much of his funding has
come out of his own pocket; the gala was a successful event which brought in a significant
amount of money for the organization; Tyron Jackson has a huge heart and the work he
does throughout the community is much appreciated.
ADJOURNED IN MEMORY OF
GORDON BEAN
ADJOURNED IN MEMORY OF
PALM SPRINGS POLICE OFFICERS
LESLEY ZEREBNY AND JOSE GIL VEGA
ADJOURNED at 7:40 p.m. The next meeting is scheduled for Tuesday, November 1,
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 18, 2016
Meeting Minutes Page 13 of 13