Loading...
HomeMy WebLinkAbout02 CC MINUTES 6.20.17 Agenda Item 2 Reviewed.- City eviewed.City Clerk: ENR Finance Director N/A CITY OF TUSTIN REGULAR JUNE 20, 2017 MEETING OF THE CITY COUNCIL , COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Al Murray, Mayor Pro Tem Jeffrey C. Parker, City Manager Rebecca Gomez, Councilmember Dr. Allan Bernstein, Mayor David E. Kendig, City Attorney Charles E. Puckett, Councilmember Erica N. Rabe, City Clerk Letitia Clark, 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 #2414 at 5:35 p.m. ROLL CALL — City Clerk Present: Mayor Dr. Allan Bernstein, Councilmembers Rebecca Gomez and Letitia Clark Absent: Mayor Pro Tem Murray and Councilmember Charles E. Puckett City Clerk: Erica N. Rabe, City Clerk Others Present: Jeffrey C. Parker, City Manager; David E. Kendig, City Attorney PUBLIC INPUT — None CLOSED SESSION UPDATE — City Attorney David E. Kendig: The City Council will discuss Items 1-5 on the Closed Session Agenda. 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: City Council June 20, 2017 Meeting Minutes Page 1 of 13 1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION -Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Government Code § 54957] — One Case A.Title: City Manager 4. CONFERENCE WITH LABOR NEGOTIATOR [Government Code § 54957.6] - A. Unrepresented employee: City Manager, Jeffrey C. Parker Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources 5. 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, 64, Address/Description 65 (portion of), 66, 67, 68, 69, 70 (portion of) Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & John Buchanan, Director of Economic Development/Acting Director of Finance Negotiating Parties Lincoln Property Company Commercial Under Negotiation Price and Terms of Payment B. Property 434-021-22 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & John Buchanan, Director of Economic Development/Acting Director of Finance Negotiating Parties Jeffrey Axtell, Vice President Acquisitions and Development, Vestar Development Company Under Negotiation Price and Terms of Payment Mayor Pro Tem Murray arrived at 5:40 p.m. City Council June 20, 2017 Meeting Minutes Page 2 of 13 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER— Meeting #2414 at 7:05 p.m. INVOCATION — Mayor Bernstein PLEDGE OF ALLEGIANCE — Councilmember Gomez CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council took no reportable action. PRESENTATIONS — Mayor Bernstein presented a plaque to Jim Palmer in recognition of receiving The Golden Hub of Innovation: 2017 Public-Private Partnerships—Orange County Rescue Mission/City of Tustin Tustin Veterans Outpost award. Mayor Bernstein presented the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2016 to the Finance Department. Denis Bilodeau, P.E., President of the Orange County Water District provided a PowerPoint presentation. To sign up for tours, more information or to receive the newsletter visit www.ocwd.com. For further information or questions, contact Denis Bilodeau at drbilodeau(a)-gmail.com or 714.749.6386. ORAL COMMUNICATION/PUBLIC INPUT — 1. Pam Neil 2. Georgiann Kruger 3. Ruth Woesner CONSENT CALENDAR ITEMS 1-8 It was moved by Mayor Pro Tem Murray and seconded by Councilmember Gomez to pull Item No. 4 and 5 and move the balance as recommended by staff. Motion carried: 4-0 City Council June 20, 2017 Meeting Minutes Page 3 of 13 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 HELD ON JUNE 6, 2017. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on June 6, 2017. 3. RATIFICATION OF PAYROLL AND DEMANDS 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:That the City Council approve Payroll in the amount of$735,391.44; and Demands in the amount of $2,371,068.31. 4. AWARD CONTRACT FOR THE FISCAL YEAR 2016-17 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT CIP 70016 Staff requested that the City Council award a construction contract to the lowest responsive/responsible bidder for the Fiscal Year (FY) 2016-17 Roadway Rehabilitation and Sidewalk Repair Project CIP 70016. Mayor Bernstein, Mayor Pro Tem Murray and Councilmember Gomez recused themselves due to a potential conflict in real property interest. Due to a lack of quorum, Mayor Bernstein, Mayor Pro Tem Murray and Councilmember Gomez drew three coffee sticks to determine who will remain at the dais to participate in the discussion. Mayor Bernstein drew the longest stick; therefore he exited the Council Chamber during the discussion. It was moved by Councilmember Clark and seconded by Councilmember Gomez to award a construction contract to the lowest responsive/responsible bidder, Palp, Inc. dba Excel Paving Company in the amount of$1,477,422.51, for the FY 2016-17 Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP 70016 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. City Council June 20, 2017 Meeting Minutes Page 4 of 13 Motion carried: 3-0 Mayor Bernstein returned to the dais. 5. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2017-2018 Mayor Pro Tem Murray congratulated and thanked Director of Public Works Douglas S. Stack for his hard work in receiving the funding. In order to maintain eligibility for funding under the Orange County Measure M2 Program, the City is required to annually submit a compliance package to the Orange County Transportation Authority (OCTA). It was moved by Mayor Pro Tem Murray and seconded by Councilmember Gomez to: 1. Adopt the attached draft Measure M2 Seven-Year Capital Improvement Program (Fiscal Year (FY) 2017-2018 through FY 2023-2024); 2. Approve the City's Resolution for the Circulation Element, Local Signal Synchronization Program (LSSP), Mitigation Fee Program, and Pavement Management Plan (PMP); and 3. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M2 eligibility package to OCTA. Motion carried: 4-0 6. AWARD CONTRACT FOR THE RED HILL AVENUE WIDENING AND MEDIAN IMPROVEMENTS PROJECT FROM BARRANCA PARKWAY TO EDINGER AVENUE, CIP NOS. 70197, 70226 & 70227 Staff is recommending that the City Council award the construction contract for the Red Hill Avenue Widening and Median Improvements Project from Barranca Parkway to Edinger Avenue, CIP Nos. 70197, 70226 & 70227 to the lowest responsive / responsible bidder, All American Asphalt. Motion: That the City Council award the construction contract for Red Hill Avenue Widening and Median Improvements Project from Barranca Parkway to Edinger Avenue, CIP Nos. 70197, 70226 & 70227 to the lowest responsive/responsible bidder, All American Asphalt, in the amount of $ 7,285,766.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. City Council June 20, 2017 Meeting Minutes Page 5 of 13 7. RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND CORPORATE LIQUIDATION SERVICES FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE Approval is requested for a Five (5) Year Rental Agreement between the City and Corporate Liquidation Services (Tenant), for a City-owned property located at 15171 Del Amo Avenue. Motion: That the City Council authorize the City Manager to execute the attached Rental Agreement with Corporate Liquidation Services and support the finding that the Rental Agreement is at market value and no further policy directions, as outlined in Tustin City Code Section 7960(8), are required. 8. FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT CORNERSTONE I (DDA) WITH FLIGHT VENTURE LLC (FORMED BY THE AFFILIATES OF LINCOLN PROPERTY COMPANY COMMERCIAL, INC. AND ALCION CAPITAL STRATEGIC III, LLC) First Amendment to the previously approved Disposition and Development Agreement Cornerstone I (DDA) with Flight Venture LLC (formed by the affiliates of Lincoln Property Company Commercial, Inc. and Alcion Capital Strategic III, LLC) for the Flight development at Tustin Legacy. On November 15, 2016, the City Council authorized the City Manager to execute the DDA. At that time, City staff identified that there were a few attachments to the DDA that were not complete and would be brought back to the City Council at a future date for approval. The proposed First Amendment, as further described below, includes these attachments along with text revisions to the DDA based on comments received from the project lenders for Phase 1. (The DDA as amended by the First Amendment to the DDA is referred to collectively as the "Amended DDA.") Motion: That the City Council: 1. Approve and authorize the City Manager or his designee to execute the First Amendment to the DDA between Flight Venture LLC and City. 2. Authorize the City Manager or his designee to approve such modifications to the Amended DDA as are both (a) consistent with the objectives of the Amended DDA and (b) recommended by the City's special real estate counsel or the City Attorney, including, but not limited to minor modifications of boundaries set forth in the Attachments to the Amended DDA. 3. Authorize the City Manager or his/her designee to take such other actions, including but not limited to approving and executing related agreements and documents, as are both (a) required by the Amended DDA or necessary to implement the purpose of the Amended DDA, and (b) recommended by the City's special real estate counsel or the City City Council June 20, 2017 Meeting Minutes Page 6 of 13 Attorney. PUBLIC HEARING ITEM 9 9. AMENDMENT TO THE CITIZEN PARTICIPATION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Director of Community Development Elizabeth Binsack provided a PowerPoint presentation. The City of Tustin's original Citizen Participation Plan was adopted in November 1995, and most recently amended in September 2016. 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. At the City's Council's meeting on April 18, 2017, the City Council directed staff to review the Citizen Participation Plan, specifically with regard to the funding allocation procedure for public service activities. The Council additionally requested that city 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 funding cycle for public service activities from a three-year to a one-year funding cycle. Public hearing opened at 7:55 p.m. Public hearing closed at 7:55 p.m. with no public input. It was moved by Mayor Pro Tem Murray and seconded by Councilmember Gomez to adopt Resolution No. 17-22 amending the Citizen Participation Plan for the CDBG program, by modifying the funding cycle for public service activities from a three-year to a one-year funding cycle. Motion carried: 4-0 RESOLUTION NO. 17-22 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. REGULAR BUSINESS ITEMS 10-11 City Council June 20, 2017 Meeting Minutes Page 7 of 13 10. RESOLUTION NO. 17-01, TUSTIN HOUSING AUTHORITY RESOLUTION NO. 17-29 APPROPRIATING FUNDS FOR VARIOUS CITY AND HOUSING AUTHORITY BUDGETS FOR THE FISCAL YEAR 2017/2018, AND RESOLUTION NO. 17-31 SALARY SCHEDULE Deputy Director of Finance Sean Tran provided a PowerPoint presentation. The City Council/Commissioners are requested to approve the attached Resolutions adopting the budgets for the City, Tustin Housing Authority, and the Water Enterprise Fund for Fiscal Year 2017/2018. Councilmember Gomez requested to have staff present a more detailed policy on Council spending and to correct the Parks and Recreation organization chart. It was moved by Mayor Pro Tem Murray and seconded by Councilmember Clark to.. 1. Adopt Resolution No. 17-29, adopting the City budget and appropriating from the anticipated revenues of the City for fiscal year 2017/2018, Governmental Funds, $151,518,451; Special Revenue Funds, $60,617,213; and the Water Enterprise Funds, $36,746,820; 2. Adopt Tustin Housing Authority Resolution No. 17-01, adopting the Housing Authority budget and appropriating from the anticipated revenues of the Authority for fiscal year 2017/2018, $454,745; and 3. Adopt Resolution No. 17-31, the City's salary schedule to be in compliance with the California Public Employees' Retirement System (CALPERS) regulation. Motion carried: 4-0 RESOLUTION NO. 17-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 2017- 2018 TUSTIN HOUSING AUTHORITY RESOLUTION NO. 17-01 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE HOUSING AUTHORITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE AUTHORITY FOR THE FISCAL YEAR 2017-2018 RESOLUTION NO. 17-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN City Council June 20, 2017 Meeting Minutes Page 8 of 13 11. APPROPRIATION LIMIT FOR FISCAL YEAR 2017/2018 Article XIII B of the State Constitution requires each City to annually adopt a limit on appropriations for all governmental funds. The following recommendation and attached worksheets are based on the proposed budget as presented to the City Council on June 6, 2017. It was moved by Councilmember Gomez and seconded by Councilmember Clark to.. 1. Select the change in the California per Capita Personal Income as the price factor for adjusting the Fiscal Year 2017/2018 appropriations limit. 2. Adopt Resolution No. 17-30 setting the appropriation limit for Fiscal Year 2017/2018 at $86,379,313. Motion carried: 4-0 RESOLUTION NO. 17-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2017- 2018 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE OTHER BUSINESS/COMMITTEE REPORTS City Manager Jeffrey C. Parker Expressed gratitude, on behalf of city staff, on the City Council's leadership and adoption of the two year budget; very proud of the City staff's hard work in establishing the budget. Councilmember Gomez June 8 Was happy to see the great attendance at the State of the City event; thanked the community members who attended the event. June 14 Congratulated the students who completed the City of Tustin Citizen Academy; their commitment to the community should be acknowledged. June 17 City Council June 20, 2017 Meeting Minutes Page 9 of 13 Missed the Tustin Police Department's Open House but thanked all those who attended the event; thanked all the Tustin Police Department Officers and Volunteers for their efforts in educating the community. Announced that the City of Tustin is working on solutions to the homelessness issue the City is currently facing. Thanked executive and management city staff for their hard work with putting together an aggressive but efficient budget; staff outlined past and future goals, which was very important; hopes the public takes a look at the budget to see what each department has planned. Councilmember Clark June 8 Attended the State of the City Event; very well attended event; heard many positive comments from all in attendance. June 12 Met with the City Clerk, Erica Rabe, and her staff; thanked Erica Rabe and the City Clerk's Office for a very thorough review of the office; very impressed with the special events the City Clerk's Office is in charge of. June 14 o Attended the Flag Day Ceremony hosted by the Tustin American Legion. o Attended the Tustin Citizen Academy Graduation Ceremony; impressed with the participants who went through the program; considers participants ambassadors of the city. o Attended the Taco Trucks at Every Mosque event in Garden Grove. June 15 Attended the Orange County Vector Control meeting; reminded everyone to wear insect repellent this summer. June 20 Attended the First Anniversary of the CSP Tustin Youth Shelter Luncheon; very interesting event to attend; happy to have the shelter in Tustin for any youth in need of assistance; number of Tustin Police Officers in attendance. Announced was impressed with the approved budget; very encouraged to see so many of the line items correlate to the City's Strategic Plan; complimented City Manager Jeffrey C. Parker for imploring Department Heads to justify any request in the budget and how that aligns with the City's Strategic Plan; appreciated seeing that. City Council June 20, 2017 Meeting Minutes Page 10 of 13 Mayor Pro Tem Murray Complimented City staff for their hard work with the budget; announced Tustin is one of the few cities with a bi-annual budget; job well done by City staff. June 7 o Attended the Association of California Cities of Orange County (ACCOC) South County Homelessness meeting in Mission Viejo; complimented City staff who have been actively involved, especially Tustin Police Chief, Charles F. Celano and City Manager, Jeffery C. Parker who are involved with ACCOC Homelessness Task Force; announced homelessness is a regional issue; working collectively to try and come up with some solutions. o Attended the Annual Building Industry Association (BIA) Gala at the Nixon Library; guest speakers were former President Bush Chief of Staff, Carl Rove and former President Obama Press Secretary, Josh Earnest; brilliant men who provided some insightful and great conversation. June 8 o Attended the Orange County Transportation Association (OCTA) Transit Committee meeting. o Attended the Association of California Cities of Orange County (ACCOC) Infrastructure and Technology Committee meeting; discussed Cyber Security, Small Cell Pole Technology White Paper and Assembly Bill 649. o Unable to attend the State of the City due to a family emergency; apologized for not being able to make the event. June 9 Attended the Tustin Man and Woman of the Year; congratulated Man of the Year Bob Machado and Woman of the Year Susan McIntosh along with all the great nominees. June 12 o Attended the Orange County Transportation Association (OCTA) Board meeting; approved the 2017-2018 budget; approved a balanced budget of more than $1.2 billion for the upcoming year; budget reflects a significant investment in capital projects. June 13 Attended the Cox Education Awards Luncheon; congratulated all the recipients along with Superintendent Dr. Greg Franklin and the Tustin Unified School District (TUSD) teachers who received some grant funding. June 14 o Attended the Tustin Chamber of Commerce Breakfast; honored to give the Oath of Office to the 2017-2018 Board of Directors. o Attended the Orange County Fire Authority (OCFA) Budget and Finance Committee meeting; discussed new inspection services fees; thanked Director of Community Development, Elizabeth Binsack for the information she provided for the meeting. City Council June 20, 2017 Meeting Minutes Page 11 of 13 o Attended the Flag Day Ceremony at Saddleback Chapel hosted by American Legion Post 227. o Attended the Tustin Citizen Academy Graduation at the Tustin Hangar. June 15 Attended the Orange County Transportation Association (OCTA) Legislative Committee. June 16 Attended the One-on-One Veterans Assistance event hosted by Congresswoman Mimi Walter's staff in Orange. June 17 o Attended the Tustin Police Department Open House; very well done. o Attended the Flag Day Ceremony at the Irvine Hotel. June 19 Attended the Los Angeles—San Diego—San Luis Obispo Rail Corridor Agency (LOSSAN) Board meeting. Complimented the Tustin Police Department on the great job they provided with the security and traffic control for the three high school graduations. Complimented Director of Public Works, Douglas S. Stack and Public Works staff on how clean and tidy Old Town looked after the Street Fair and Chili Cook Off; with almost 40,000 people in attendance; residents and business owners noticed and appreciated it. Mayor Bernstein June 7 o Attended the Association of California Cities of Orange County (ACCOC) Water Committee meeting; encouraged everyone to review the Water Committee's website; had presentation by Executive Director Charlie Wilson. o Attended the Orange County Sanitation District Operations Committee meeting. June 8 o Attended, in conjunction with the Tustin Unified School District, the Holocaust forum wrap-up meeting. o Attended the Tustin State of the City event; thanked Communications Manager, Stephanie Najera and her extended family for their hard work in putting the video together; thanked everyone for attending the event; honored to serve the Tustin community. June 9 o Attended the California League of Cities Environmental Conference in Sacramento; discussed, in length, Senate Bill 231. City Council June 20, 2017 Meeting Minutes Page 12 of 13 o Attended the Tustin Man and Woman of the Year; congratulated Man of the Year Bob Machado and Woman of the Year Susan McIntosh along with all the great nominees; good time was had by all. June 12 Attended the Orange County Sanitation Legislative and Public Affairs Committee meeting. June 13 Attended the Planning Commission meeting; had the pleasure of swearing in the Planning Commissioners Austin Lumbard and Ryder Smith; congratulated Director of Community Development Elizabeth Binsack and the Planning Commission for all they do for the City. June 14 o Attended the Orange County Local Agency Formation Commission (LAFCO) meeting. o Attended the Flag Day Ceremony at Saddleback Chapel hosted by American Legion Post 227; assisted with appropriately retiring United States flags. o Attended the Tustin Citizen Academy Graduation at the Tustin Hangar; City staff did a great job with the program; a good time was had by all; City of Tustin will be having a Volunteer Community Fair on July 8t", for those that are looking to volunteer in the community; looking forward to seeing everyone there. June 17 Attended the Orange County Water Summit; congratulated those who participated and put the summit together, particularly Director of the Orange County Water District, Steve Sheldon and Director of the Municipal Water District of Orange County, Jeff Thomas. Wished a Happy Belated Father's Day to all fathers. Announced Concerts in the Park begins Wednesday, June 21 st at Peppertree Park. o June 21st-Stone Soul o June 28th-Smith Band Announced the July 4t" Celebration will be held at Tustin High School; festivities begin at 6:30 pm., fireworks will occur at 9:00 p.m. Due to the 4t" of July Holiday, next City Council meeting will be held on Wednesday, July 5t" Adjourned meeting with best wishes to a speedy recovery for Councilmember Chuck Puckett and Specialist First Class Edward Aravizo, son of a City of Tustin Economic Development staff member, who was wounded last week in Afghanistan. ADJOURNED at 8:25 p.m. The next meeting is scheduled on Wednesday, July 5, 2017 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 June 20, 2017 Meeting Minutes Page 13 of 13