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HomeMy WebLinkAbout02 CC MINUTES 7.5.17Agenda Item 2 Reviewed: City Manager ENR Finance Director N/A CITY OF TUSTIN REGULAR JULY 5, 2017 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN AlW_ 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 47WIIJ a►y� III CALL TO ORDER — Meeting #2415 at 5:31 p.m. ROLL CALL — City Clerk Present: Mayor Dr. Allan Bernstein, Mayor Pro Tem Murray, and Councilmembers Rebecca Gomez, Charles E. Puckett and Letitia Clark 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 UPDATE — City Attorney David E. Kendig: The 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: 1. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION -Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) City Council July 5, 2017 Meeting Minutes Page 1 of 13 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] — (1 case) A. 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 Recessed at 5:32 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL ►E11I1l a►T� P CALL TO ORDER — Meeting #2415 at 7:08 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council discussed Items 1 and 2 on the Closed Session Agenda and took no reportable action. The Council will reconvene after the Regular Meeting to discuss Items 3-5. City Council July 5, 2017 Meeting Minutes Page 2 of 13 ORAL COMMUNICATION/PUBLIC INPUT — City Attorney David E. Kendig provided an overview of The Ralph M. Brown Act as it relates to public input. 1. John Gomez 2. Maria Ceja 3. Lesley Hrindak 4. Jesus Monguia 5. Herman Stehling 6. Marlene Graham 7. Leif Larsen 8. Rajendra Shaw 9. Christian Rose 10. Andrea Manriquez 11. Margarita Beiza 12. Joseph Ngo 13. Terry Norkunas 14. Audrey Woolfolk 15. David Hauna 16. Lorainne Sellier 17. Elizabeth Butler 18. Nancy Foote 19. Cosmo Chimienti 20. Nathan Proctor 21. Elida Dortch 22. Lou Noble 23. Andrew 24. Patty Conover Recessed at 8:10 p.m. Reconvened at 8:17 p.m. CONSENT CALENDAR ITEMS 1-8 It was moved by Mayor Pro Tem Murray and seconded by Councilmember Puckett to pull Item No. 8 and approve the balance as recommended by staff. Motion carried: 5-0 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Motion: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public City Council July 5, 2017 Meeting Minutes Page 3 of 13 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 20, 2017. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on June 20, 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 $762,909.89; and Demands in the amount of $ 378107988.44. 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the first quarter of 2017. The average noise level measured at Tustin's monitoring station (NMS 1ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior quarters during this first quarter reporting period. Average noise levels during the first quarter remained well below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Motion: That the City Council receive and file this report. 5. RESOLUTION IN SUPPORT OF CALIFORNIA WATERFIX AND ECORESTORE As a critical source of water supply, the California Bay Delta provides approximately 30 percent of Southern California's water supply annually. In partnership with the Municipal Water District of Orange County (MWDOC), the City of Tustin participated in the recent Orange County Water Reliability Study (Study) evaluating scenarios and projects that enhance or sustain water supplies to the region. Modeling shows the California WaterFix, as currently proposed, represents the most cost-effective, large-scale reliability solution to improving Orange County's water supply reliability over the next 25 years. Motion: That the City Council adopt Resolution 17-36 supporting the California WaterFix and California EcoRestore. RESOLUTION NO. 17-36 City Council July 5, 2017 Meeting Minutes Page 4 of 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORT FOR THE CALIFORNIA WATERFIX AND CALIFORNIA ECORESTORE 6. ADOPT RESOLUTION NO. 17-01 TO ACCEPT IMPROVEMENTS FOR THE EDINGER AVENUE WELL -PHASE II EQUIPPING PROJECT (CIP NO. 60165) AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Edinger Avenue Well -Phase II Equipping Project (CIP No. 60165) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Motion: That the City Council take the following actions: 1. Adopt Resolution No. 17-01 accepting the construction of the Edinger Avenue Well -Phase II Equipping Project (CIP No. 60165); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 17-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE EDINGER AVENUE WELL -PHASE II EQUIPPING PROJECT-CIP NO. 60165 7. APPROVE AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT NO. D02- 119 WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT INCREASING THE RESIDENTIAL UNIT LIMIT FOR THE CONSTRUCTION OF THE PETER'S CANYON CHANNEL FLOOD CONTROL IMPROVEMENTS Cooperative Agreement D02-119 dated March 11, 2003 as amended established terms and conditions under which certain Peter's Canyon Channel Flood Control Improvements would be scheduled, engineered, financed, constructed, operated, and maintained. Amendment No. 3 to Cooperative Agreement D02-119 increases the residential certificate of occupancy limit of 1,200 units, established in the 2nd amendment to the agreement with the Orange County Flood Control District (OCFCD) and the County of Orange, by an additional 200 units to 1,400 units. Prior to that limit being reached, the Peter's Canyon Channel Improvements are required to be awarded and construction commenced. Motion: That the City Council approve Amendment No. 3 to Cooperative Agreement No. D02-119 with the Orange County Flood Control District and the County of Orange and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. City Council July 5, 2017 Meeting Minutes Page 5 of 13 8. Mayor Bernstein and Mayor Pro Tem Murray recused themselves due to a potential conflict in real property interest. NOTICE OF COMPLETION FOR PEPPERTREE PARK (CIP 10032) AND CAMINO REAL PARK (CIP 20054) LIGHTING IMPROVEMENTS Construction for the Peppertree Park Lighting Improvements (CIP No. 10032) and Camino Real Park Lighting Improvements (CIP No. 20054) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. It was moved by Councilmember Puckett and seconded by Councilmember Clark to.. Adopt Resolution No. 17-34 and 17-35 accepting the construction of the Peppertree Park Lighting Improvements (CIP No. 10032) and Camino Real Park Lighting Improvements (CIP No. 20054); and 2. Authorize the City Engineer to execute and file the Notices of Completion with the County Recorder's Office. Motion carried: 3-0 RESOLUTION NO. 17-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE PEPPERTREE PARK LIGHTING PROJECT (CIP 10032) RESOLUTION NO. 17-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE CAMINO PARK LIGHTING PROJECT (CIP 20054) Mayor Bernstein and Mayor Pro Tem Murray returned to the dais. PUBLIC HEARING ITEM 9 9. Councilmembers Gomez and Clark recused themselves due to a potential conflict in real property interest. TUSTIN LEGACY SPECIFIC PLAN AMENDMENT (SPA) 2015-01 (ORDINANCE NO. 1482), GENERAL PLAN AMENDMENT (GPA) 2015-02, AND FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (FSEIR) City Council July 5, 2017 Meeting Minutes Page 6 of 13 PowerPoint presentation by Director of Community Development Elizabeth A. Binsack, Placeworks Consultants Karen Gulley and Nicole Morse and Assistant Director of Planning Justina Willkom. The Tustin Legacy Specific Plan area (former MCAS Tustin Specific Plan) includes 1,606 acres (1,511 acres in Tustin and approximately 95 acres in Irvine). The MCAS Tustin Specific Plan was adopted by ordinance on February 3, 2003, and established the zoning for the project area. The Plan also established the necessary plans, development standards, regulations, infrastructure requirements, design guidelines, and implementation programs on which subsequent, project -related development is founded. The proposed Specific Plan Amendment would implement a revised land use and urban design plan for the community that weaves the existing development into an updated comprehensive vision for achieving a better balance of residential, commercial, and employment uses, well connected by a variety of transportation modes, parks, and open space. The amendment will include new land uses such as Mixed Use Transit and Mixed Use Urban as well as the inclusion of the linear park concept. The MCAS Tustin Specific Plan Amendment (SPA) 2015-01 would allow 2,212 additional homes, reduce 1,755,306 square feet of nonresidential building space, and introduce new Mixed-use Urban and Mixed-use Transit land uses in the project area. No development is proposed at this time and built -out of the Tustin Legacy is anticipated over the next ten (10) to twenty (20) years depending on market conditions. General Plan Amendment (GPA) 2015-02 would include minor text amendments to ensure consistency with the proposed specific plan amendment. The Final Supplemental Environmental Impact Report (FSEIR) provides environmental analysis to support the proposed project. On June 13, 2017, the Planning Commission considered the proposed amendment and adopted Resolution Nos. 4339, 4340, and 4341, recommending that the City Council find the FSEIR is adequate and approve GPA 2015-02 and SPA 2015-01 (Ordinance No. 1482). Public hearing opened at 8:57 p.m. Public Input: 1. Tab Johnson 2. Steven LaMotte 3. Tony Capitelli 4. John Mehigan 5. Cathy Vallevieni 6. Michael Battaglia City Council July 5, 2017 Meeting Minutes Page 7 of 13 Public hearing closed at 9:09 p.m. Deputy Chief Garaven addressed public safety concerns. Noted that the Police Department utilizes data driven policing, is increasing personnel due to the increase in residents and plans to implement a substation at The Legacy. It was moved by Mayor Pro Tem Murray and seconded by Councilmember Puckett to: 1. Adopt Resolution No. 17-23, finding the Final Supplemental Environmental Impact Report for General Plan Amendment 2015-02 and MCAS Tustin Specific Plan Amendment 2015-01 is adequate. 2. Adopt Resolution No. 17-32, approving General Plan Amendment 2015- 02 for minor text amendments to ensure consistency with the proposed SPA 2015-01; and, 3. Introduce and have first reading of Ordinance No. 1482 for Specific Plan Amendment 2015-01 by changing the mix and layout of land uses, introducing mixed-use transit and mixed-use urban, and allowing 2,212 additional homes and 1,755,306 fewer square feet of nonresidential building space and set a second reading at the July 18, 2017 City Council meeting. Motion carried: 3-0 RESOLUTION NO. 17-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FINDING THAT THE FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL AND REUSE OF MCAS TUSTIN ("FEIS/EIR") AS REVISED BY FINAL SUPPLEMENT #2 IS ADEQUATE FOR GPA 2015-02 AND SPA 2015-01. RESOLUTION NO. 17-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (GPA) 2015-02 FOR MINOR TEXT AMENDMENT TO ENSURE CONSISTENCY WITH THE PROPOSED SPECIFIC PLAN AMENDMENT 2015-01 ORDINANCE NO. 1482 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2015-01 TO FACILITATE THE DEVELOPMENT, CONVEYANCE, AND IMPLEMENTATION OF TUSTIN LEGACY NEW VISION CONCEPT. Councilmembers Gomez and Clark returned to the dais. City Council July 5, 2017 Meeting Minutes Page 8 of 13 10. LEGISLATIVE UPDATE Deputy City Manager Matthew S. West provided an update of proposed key legislative items. OTHER BUSINESS/COMMITTEE REPORTS Councilmember Puckett Announced it was good to be back after having double bypass and heart valve replacement surgery on May 27th; happy to be back and is looking forward to working again. Councilmember Gomez Welcomed Councilmember Puckett back. Announced she had a conversation with a neighbor regarding the Tustin Citizen Academy; neighbor was extremely excited to attend the program; noted the resident learned a lot about the City and is proud to be a part of the Tustin community. June 28 and 29 Attended the League of California Cities, Mayor and Councilmember Conference in Monterey; sessions include: o Understanding Voter Outreach and the California Voting Rights Act; noted that it's important for local governments to understand the reforms and participate in voter outreach and best practices o Successful Strategic Planning; believes Tustin does a good job with strategic planning, however, did get insight on other methods o Workshop on Improving Communication between Councilmembers, Constituents, City Manager, and Department Heads. July 2 Volunteered at the Tustin Meadows Pancake Breakfast. July 4 o Participated in the Tustin Meadows 4th of July Parade and Carnival; great event to reconnect with neighbors and friends. o Attended the City of Tustin 4th of July event at Tustin High School: • Very well attended; noted it was really neat to see the young children holding the American flags; fireworks were great, the traffic control was really good, participants were able to leave the event safely; thanked the Tustin Parks and Recreation Department and the Tustin Police Department; many people expressed how much they enjoyed the 4th of July Event. City Council July 5, 2017 Meeting Minutes Page 9 of 13 Councilmember Clark Welcomed Councilmember Puckett back. June 22 Attended the Chamber Ribbon Cutting Event for the DaVita Dialysis Center; thanked the Tustin Chamber of Commerce for hosting a welcoming reception and ribbon cutting ceremony for the new Tustin Ranch location. .li ma TI o Attended the Tustin Kiwanis Club monthly meeting as the keynote speaker; thanked Wayne Clark for the invitation and for the warm reception from all of the Kiwanis members. o Attended the internal Ad Hoc Committee meeting for the Solid Waste Contract. June 28 Toured the Orange County Fire Authority (OCFA) facilities with Division Chief Andy Kovacs; Chief Kovacs gave an in depth tour of the OCFA building and of local stations in Tustin; was impressed by the comprehensive services OCFA provides for the safety of the community. July 4 o Attended and participated in the Tustin Meadows 4th of July Parade; great turn out; good to see family and friends; thanked all the volunteer organizers as well as Gerry and Diane Aust for letting family ride in their car. o Announced she was unable to attend the City of Tustin's 4t" of July event at Tustin High School due to a passing family member's birthday celebration. Announced the upcoming Volunteer Community Fair on Saturday July 8th at the Tustin Community Center at the Market Place from 10:00 a.m.-2:00 p.m.; anyone interested in getting more involved in the City of Tustin should attend this fair. Mayor Pro Tem Murray Welcomed Councilmember Puckett back. June 21 o Attended the Association of California Cities of Orange County (ACCOC) seminar, Retail Reality Check; discussed changes in Brick and Mortar Sales vs Online Sales and its effects on sales tax revenues; thanked City Manager, Jeffrey C. Parker for attending. o Attended the Association of California Cities of Orange County (ACCOC) Board of Directors meeting. June 22 Attended the Association of California Cities of Orange County (ACCOC) Legislative and Regulatory Committee meeting. City Council July 5, 2017 Meeting Minutes Page 10 of 13 June 26 o Attended the Orange County Transportation Association (OCTA) Board meeting; approved the loan for funding the 405 Freeway Project; OCTA will be providing workshops on SB1 project guidelines. o Attended the Yorba Linda City Council meeting; gave an update on SB1. .lune 27 o Attended the Sustain Orange County (OC) Driving Mobility meeting at the University of California, Irvine (UCI); discussed the innovations with the project. June 28 o Attended the Public Agency Social Media Update at the Anaheim Police Department. o Congratulated the graduates of Orange County Fire Authority (OCFA) Firefighter Academy 44. June 29 Attended the Santa Ana Homelessness meeting hosted by Mayor Pro Tem Michelle Martinez at the City of Santa Ana Police Department. June 30 Attended the Association of California Cities of Orange County (ACCOC) Board of Directors Workshop at the Great Wolf Lodge; discussed 2017-2018 strategies and priorities as well as the great success of sponsoring Assembly Bill (AB) 346; thanked City Manager, Jeffrey C. Parker for helping ACCOC CEO Heather Stratman in connecting with Los Angeles cities who provided support on AB 346. July 4 o Attended the Tustin Meadows 4t" of July Parade. o Attended the City of Tustin 4t" of July event at Tustin High School. July 5 Attended the swearing in ceremony of Irvine Police Department Commander Bill Whalen as the new Chief of Police for the City of EI Segundo. Thanked the men and women of the Tustin Police Department and Orange County Fire Authority (OCFA) for ensuring a safe Independence Day. Announced Orange County Fire Authority (OCFA) had a great response to a residential fire; OCFA did a great job knocking out the fire quickly without it spreading to other structures. Mayor Bernstein June 21 Attended the Newport Bay Watershed Committee meeting; presentation was given by Tustin Public Works Senior Management Analyst, Alex Waite, on the trash amendment provisions to update the committee on the number of catch basins and their primary City Council July 5, 2017 Meeting Minutes Page 11 of 13 purpose. June 22 Attended the Association of California Cities of Orange County (ACCOC) Legislative Committee meeting; discussed passing of Assembly Bill (AB) 346; thanked all involved; discussed how local governmental agencies can protect themselves from Senate Bill (SB) 649. June 24 Attended the Tustin Area Cultural Fine Arts (TACFA) reception; previewed the upcoming Broadway in the Park production "Annie". June 27 Attended the Orange County Sanitation District meeting with many legislators in Sacramento; had an interesting meeting with Vice Chair of the State Water Resources Control Board, Steven Moore; very productive meeting. June 28 and 29 Attended the California League of Cities, Mayor and Councilmember Conference in Monterey, along with Councilmember Gomez; first presentation was from seismologist Dr. Lucy Jones; discussed earthquake preparedness and emergency response preparedness; attended a general session on Understanding the Angry Voter presented by USC's Annenberg School for Communications and Journalism Professor Dan Schnur; attended a Legislative Update; League experts discussed top issues trending in legislature. July 4 o Participated in the Tustin Meadows 4th of July Parade; thanked Tustin Meadows for a fabulous time. o Attended the City of Tustin 4th of July event at Tustin High School; great event; thanked the Tustin Parks and Recreation, Tustin Police Department, and the Orange County Fire Authority (OCFA) for a great event; thanked United States Marine Corps Lieutenant Colonel Fitzsimmons, who is the Commanding Officer of the Stinger Squadron from Camp Pendleton for joining the City of Tustin. Announced the City of Tustin Volunteer Community Fair on July 8t" at the Tustin Community Center at the Market Place; keynote speaker Founder and CEO of Working Wardrobes, Jerri Rosen. Welcomed back Councilmember Puckett. Recessed to Closed Session at 9:41 p.m. Reconvened at 11:41 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. City Council July 5, 2017 Meeting Minutes Page 12 of 13 ADJOURNED at 11:41 p.m. The next meeting is scheduled on Tuesday, July 18, 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 July 5, 2017 Meeting Minutes Page 13 of 13