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HomeMy WebLinkAboutCC MINUTES 07-18-171 CITY OF TUSTIN REGULAR JULY 18, 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 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2416 at 5:38 p.m. ROLL CALL — City Clerk Present: Mayor Dr. Allan Bernstein and Councilmembers Rebecca Gomez and Charles E. Puckett Absent: Mayor Pro Tem Murray and Councilmember Clark 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 convene to discuss Items 1-3 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): City Council Meeting Minutes July 18, 2017 Page 1 of 14 (2 cases) 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 Address/Description Agency City Negotiators Negotiating Parties Under Negotiation B. Property- - - Address/Description 434-021-22 City of Tustin Jeffrey C. Parker, City Manager & Matthew S. West, Dem City ManAger Jeffrey Axtell, Vice President Acquisitions and Development,_Vestar Development Company -- -- - - Price and Terms of Payment r— - - 430-381-27, 28, 29, 30, 31, 32, 33, 35 Agenc�r C_it�of Tustin _ City Negotiators Jeffrey C. Parker, City Manager & Jerry Craig, Acting _ , _pDe Director of Economic Development Negotiating Parties T Laura Archuleta, President -Jamboree Housing Corporation and Patrick Kennedy, Owner -Panoramic Interests_ _ Under Negotiators _ Price and Terms of Payment Recessed at 5:39 p.m. Mayor Pro Tem Murray arrived at 6:02 p.m. Councilmember Clark arrived at 6:20 p.m. REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2416 at 7:13 p.m. INVOCATION — Chief Charles F. Celano, Jr. PLEDGE OF ALLEGIANCE — Councilmember Clark City Council July 18, 2017 Meeting Minutes Page 2 of 14 CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council gave direction to the City's real property negotiators; other than that, there was no reportable action. PRESENTATION — Orange County District Attorney Tony Rackauckas and Deputy District Attorney Bradley Schoenleben provided a PowerPoint presentation on the Human Exploitation and Trafficking Unit. ORAL COMMUNICATION/PUBLIC INPUT — 1. Alan Kong 2. Brandon Martinez 3. Jorge Lavagan CONSENT CALENDAR ITEMS 1-7 It was moved by Mayor Pro Tem Murray and seconded by Councilmember Puckett to 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 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 JULY 5, 2017. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on July 5, 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. City Council July 18, 2017 Meeting Minutes Page 3 of 14 Motion: That the City Council approve Payroll in the amount of $746,236.21; and Demands in the amount of $1,517,084.35. 4. SUMMARY OF PROJECTS The following report provides a summary of projects and activities from the Community Development Department to the Tustin City Council. The report focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest. Motion: That the City Council receive and file this item. 5. APPROVE FINAL AS-BUILT/RECORD PLANS AND SPECIFICATIONS FOR THE TUSTIN RANCH ROAD AND IRVINE BOULEVARD STREET IMPROVEMENTS PROJECT AND ACCEPT COMPLETION OF THE IMPROVEMENTS To ensure final project close out for the Tustin Ranch Road/Irvine Boulevard Street Improvements Project, staff is requesting City Council approve the final as- built/record plans and specifications, including all contract change orders authorized by the City Engineer to complete the work; and to formally accept the project as complete to the satisfaction of the City Engineer. The project was designed and constructed by The Irvine Company on behalf of the City and funded entirely by two Assessment Districts (No. 97-16 and No. 97-17) established to mitigate impacts in the City of Tustin due to development by The Irvine Company in Lower Peters Canyon which is now built out as West Irvine in City of Irvine's Planning Area 4. Motion: That the City Council: 1. Adopt Resolution No. 17-38 approving the final as-built/record plans and specifications, including all contract change orders authorized by the City Engineer to complete the Tustin Ranch Road/Irvine Boulevard Street Improvements Project; and 2. Accept the project as complete to the satisfaction of the City Engineer. RESOLUTION NO. 17-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING FINAL AS-BUILT/RECORD PLANS AND SPECIFICATIONS, INCLUDING ALL CONTRACT CHANGE ORDERS AUTHORIZED BY THE CITY ENGINEER TO COMPLETE THE WORK; AND TO FORMALLY ACCEPT THE PROJECT AS COMPLETE TO THE SATISFACTION OF THE CITY ENGINEER FOR THE TUSTIN RANCH ROAD AND IRVINE BOULEVARD STREET IMPROVEMENTS PROJECT City Council July 18, 2017 Meeting Minutes Page 4 of 14 7 6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT OF BIDS FOR THE EL CAMINO REAL/JAMBOREE ROAD MEDIAN MODIFICATIONS AND STRIPING REVISIONS PROJECT CIP NO. 70238 The plans and specifications for the EI Camino Real/Jamboree Road Median Modifications and Striping Revisions Project CIP No. 70238 have been prepared and the project is now ready for bid. Motion: That the City Council: 1. Adopt Resolution No. 17-37 approving the plans and specifications for the EI Camino Real/Jamboree Road Median Modifications and Striping Revisions Project CIP No. 70238; and; 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 17-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE EL CAMINO REAL/JAMBOREE ROAD MEDIAN MODIFICATIONS AND STRIPING REVISIONS PROJECT CIP NO. 70238 AND AUTHORIZING ADVERTISEMENT FOR BIDS 7. ADOPTION OF RESOLUTION NO. 17-42 APPROVING A DEBT MANAGEMENT POLICY REQUIRED BY SENATE BILL 1029 In the audit recommendation letter from White, Nelson, Diehl, Evans, LLP, for the fiscal year 2016 audit, the recommendation was made to implement a debt management policy. During the review of the overall internal control environment of the City, they noted that the City did not have a formal written policy regarding debt management. Then, in September 2016, the Governor signed Senate Bill (SB) 1029 (California Debt and Investment Advisory Commission: Accountability Reports) into law. Senate Bill 1029 requires issuers of public debt to adopt a Debt Management Policy to provide guidance in the issuance and management of their debt. Effective January 1, 2017, Government Code section 8855(i) requires any issuer of public debt to provide the California Debt and Investment Advisory Commission (CDIAC), no later than 30 days prior to the sale of any debt issue, a report of the proposed issuance which includes notification to CDIAC that the issuing agency has adopted debt policies concerning the use of debt and that the proposed debt is consistent with those policies. The proposed Debt Management Policy is required to be in place prior to any issuance of bonds and other debt obligations. City Council July 18, 2017 Meeting Minutes Page 5 of 14 Motion: That the City Council adopt Resolution No.17-42 approving the Debt Management Policy as required by Senate Bill 1029. The proposed Debt Management Policy is consistent with Government Code section 8855(i) requirements and is also consistent with GFOA's (Government Finance Officer Association) recommendations and reflects objectives that establish parameters for the issuance and administration of City debt. RESOLUTION NO. 17-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING A DEBT MANAGEMENT POLICY PUBLIC HEARING ITEM NO. 8 8. CODE AMENDMENT 2017-005 (ORDINANCE NO. 1476), EXPEDITED PERMITTING PROCEDURES FOR ELECTRIC VEHICLE CHARGING STATIONS California Assembly Bill (AB) 1236 requires that local governments adopt an ordinance by September 30, 2017, that creates an expedited permitting process for electric vehicle charging stations. The State hopes that removing barriers to electric vehicle charging stations installation and use, would help the State reach its renewable energy and greenhouse gas reduction goals. Ordinance No. 1476 has been prepared to comply with State law. Public hearing opened at 7:42 p.m. Public hearing closed at 7:42 p.m. with no public input It was moved by Councilmember Puckett and seconded by Mayor Pro Tem Murray to introduce and read by title only Ordinance No. 1476, adding Chapter 3 to Article 8 of the Tustin City Code (TCC), proposing to establish an expedited permitting process for electric vehicle charging stations as required by AB 1236; and set the matter for second reading. Motion carried: 5-0 ORDINANCE NO. 1476 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADDING CHAPTER 3 TO ARTICLE 8 OF THE TUSTIN CITY CODE RELATING TO EXPEDITED PERMITTING PROCEDURES FOR ELECTRIC VEHICLE CHARGING STATIONS. REGULAR BUSINESS ITEMS 9-12 City Council July 18, 2017 Meeting Minutes Page 6 of 14 9. HOMELESSNESS IN ORANGE COUNTY AND THE CITY OF TUSTIN City Manager Jeffrey C. Parker, City Attorney David E. Kendig and Chief Charles F. Celano, Jr. provided a PowerPoint presentation. City Attorney David E. Kendig noted for the record that the correct bill is AB346. A month ago, a number of citizens attended the City Council meeting seeking information expressing concerns and asking what they could do to help the City in dealing with the homeless population in our community and the Civic Center in particular. In an effort to inform our citizens about the issue of homelessness in our community and the County and to provide information as to the number of actions taken by the City through its various departments to address the homeless issue not only here but at a regional level, staff has prepared the following report. Public Input: 1. Darlene Savord 2. Jim Gominsky 3. Erika Hauser 4. David Larson 5. Julia Araiza 6. Brian Behrens 7. Robert Spaulding 8. Michael Predney 9. Victoria Lord Friel 10. Cindy Eagan 11. Shawn Alladio 12. Donna Clark 13. Margie Wakeham 14. Jim Palmer 15. Heather Stratman 16.Arleen Plunkett 17. Georgiann Kruger 18. Angel Mayfield 19. Tim Houchen Recessed at 9:24 p.m. Reconvened at 9:32 p.m. 20. Sheena Innocente 21. Glenn Pinson 22. Brad Losey City Council July 18, 2017 Meeting Minutes Page 7 of 14 23. Lou Noble 24. Carol Cross 25. Kevin Rivera The City Council unanimously agreed to continue the City's efforts in addressing the issue and directed staff to continue analyzing housing options. Recessed at 10:06 p.m. Reconvened at 10:07 p.m. 10. AWARD PROFESSIONAL SERVICES CONTRACT FOR ENTERPRISE APPLICATIONS SOFTWARE ASSESSMENT STUDY INCLUDING AN ENTERPRISE SOFTWARE PLAN Staff requests that the City Council award the professional services contract to ClientFirst Consulting Group, LLC (ClientFirst) in the preparation of an Enterprise Applications Software Assessment Study including an Enterprise Software Plan. It was moved by Mayor Pro Tem Murray and seconded by Councilmember Puckett to: 1. Award the professional services contract to ClientFirst Consulting Group, LLC for the Enterprise Applications Software Assessment Study including an Enterprise Software Plan; and 2. Authorize the City Manager to execute a Professional Services Contract on behalf of the City with ClientFirst Consulting Group, LLC. Councilmember Gomez requested to receive a copy of the assessment tool utilized in the selection process. Motion carried: 5-0 11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1482 Councilmembers Gomez and Clark recused themselves due to a potential conflict in real property interest. Ordinance No. 1482 adopts the Specific Plan Amendment 2015-01 which changes the mix and layout of land uses, introduces mixed-use transit and mixed- use urban, and allows 2,212 additional homes and 1,755,306 fewer square feet of nonresidential building space. It was moved by Councilmember Puckett and seconded by Mayor Pro Tem Murray to have second reading by title only and adoption of Ordinance No. 1482. City Council July 18, 2017 Meeting Minutes Page 8 of 14 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. Motion carried: 3-0 Councilmembers Gomez and Clark returned to the dais. 12. FIFTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT Adoption of the attached Resolution will amend the terms and conditions of employment for the City Manager. City Attorney David E. Kendig provided a brief report regarding the revisions to the City Manager's Employment Agreement with the adoption of Amendment No. 5. It was moved by Councilmember Gomez and seconded by Councilmember Puckett to Resolution 17-41 approving Amendment No. 5 to the Employment Agreement with the City Manager and authorize the Mayor to execute the Amendment. RESOLUTION NO. 17-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING AMENDMENT NO. 5 TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER Motion carried: 5-0 OTHER BUSINESS/COMMITTEE REPORTS Councilmember Puckett July 8 Attended the City of Tustin Volunteer Community Fair at the Tustin Community Center at the Market Place; very well attended; was a successful event. July 17 Provided a tour, along with Mayor Bernstein, of Tustin City Hall and the Tustin Police Department to Mr. Nicolas Victorin, Mayor of Pignon, Haiti. July 18 o Attended the Orange County Forum Luncheon and Collectibles Auction at Angels Stadium. o Wished wife, Donna Puckett, a very Happy Birthday. City Council July 18, 2017 Meeting Minutes Page 9 of 14 Councilmember Gomez July 7 Attended the Orange County Emergency Medical Care Committee meeting; representatives from the American Red Cross, Hospital Association of Southern California, and the Orange County Medical Association were appointed to the committee. o 911 Performance Reports were presented; response times are in the expected range. o The pilot for testing secure electronic patient history information between paramedics and the receiving facility has been working well. o The pilot program for hospice patients was discussed; policy allows paramedics to wait for hospice nurse to arrive and respects the wishes of the patient who wants to die at home; patient will not be transported to a facility. o On October 18th, there will be community training for "Hands On" CPR. o Flu Clinics will be scheduled on October 26th in Tustin and Westminster. o The Education and Training Committee recommended that Emergency Medical Technician (EMT) and Paramedic training require more simulation training. Updates from the last committee meeting: o Foothill Regional Medical Center received their designation as an Emergency Receiving Center; they can accept emergency patients from ambulances and the community; Foothill Regional also provides acute care treatment to the community. o There was a proposed increase in the Ground Ambulance rate; it is going to the Board of Supervisors in August. o Various reports of transport times and diversion along with sub -committee minutes can be located on the Orange County Emergency Medical Committee web page. July 8 Attended the City of Tustin Volunteer Community Fair at the Tustin Community Center at the Market Place; echoed Councilmember Puckett's comments, very well attended; received some good information from the various non-profit groups. July 14 Attended the Senior Citizens' Advisory Committee meeting, discussed below items: o Senior Citizens' Advisory Committee 2018 goals o SeniorSery reported there will be a loss of $100,000 in funding for meals in the upcoming year. o In partnership with Health Promotion, the Office on Aging will be hosting a lay Spanish Leader training this Fall; Leaders will be trained on chronic disease and diabetes programs; training will be held in October; contact the Office on Aging if interested. o Main speaker for the committee was Patty Mouton, Vice President of Advocacy and Outreach for Alzheimer's Orange County Association; announced last year Alzheimer's Orange County broke away from the national organization; Alzheimer's Orange County believed a local organization could service the Orange County population more effectively; Patty Mouton also discussed the services and the Strategic Plan for Aging; Tustin is one of eighteen cities that participated in the City Council July 18, 2017 Meeting Minutes Page 10 of 14 Orange County Strategic Plan for Aging to address the short and long term plans of the growing number of seniors; the ten initiatives include: o Food Security o Healthcare o Elder Abuse Prevention o Social Engagement o Housing o Transportation o Technology o Funding and Sustainability o OC Successful Aging o Communications o More information on their plan can be located on their website, www.ocagingplan.org July 17 Attended the Senior Advisory Council Legislative Committee meeting; update on senior legislation was given; Douglas Gillen provided a presentation on the Orange County Grand Jury; discussed the history process, the recruitment of members, and how they determine what to investigate; some topics are generated by legislative changes, news worthy topics, and citizen's concerns; reports on how to become a Grand Jury Member can be obtained from www.ocgrandmury.org. July 18 Attended the Heideman Elementary School Groundbreaking for their new building on campus; new building will replace the temporary buildings; will create more open space for the students. Thanked everyone for attending the Council Meeting and expressed their concern; feedback will be considered. Clarified a few items: o Routinely drive through Santa Ana, Buena Park and Cypress and does see people who are not sheltered o Announced Council does not get paid for their service to the Council and the city. Councilmember Clark July 7 Attended the Orange County Emergency Medical Care Committee meeting; committee meets on a quarterly basis. July 8 Attended the City of Tustin Volunteer Community Fair at the Tustin Community Center at the Market Place; was a great event; was particularly impressed with the Keynote Speaker, Jerri Rosen, CEO and Founder of Working Wardrobes. Deferred committee reports to next Council meeting. City Council July 18, 2017 Meeting Minutes Page 11 of 14 Announced that 18% of families in Tustin, live below the poverty line; 45% of Tustin Unified School District (TUSD) students are on free or reduced lunches; knows the City of Tustin is working on short term solutions to the homelessness issue, is hoping to also work towards a long term solution. Mayor Pro Tern Murray July 7 Attended the Association of California Cities of Orange County (ACCOC) Legislative roundtable with United States Congressman Alan Lowenthal at the City of Stanton Civic Center; Congressman Lowenthal shared his thoughts about what's going on in Washington DC and discussed Cybersecurity, Transportation Infrastructure, Healthcare and Immigration; well attended meeting. July 8 Attended the City of Tustin Volunteer Community Fair at the Tustin Community Center at the Market Place; the Keynote Speaker was Jerri Rosen, CEO and Founder of Working Wardrobes; thanked the City Clerk's Office for coordinating the event. July 10 Attended the Orange County Transportation Association (OCTA) Regular Board meeting; discussed approval of various 405 freeway improvement projects. July 11 Met with a group of Tustin Unified School District (TUSD) students visiting the Tustin Hangar; thanked Deputy City Manager Matthew West and Management Analyst Kenny Piguee for sharing the rich history of the Hangars with the students. July 12 Attended the Association of California Cities of Orange County (ACCOC) Legislative Action Day in Sacramento; met with numerous legislators as well as Governor Jerry Brown's staff; Senate Pro Tem Kevin De Leon testified on sober living homes, affordable housing, homelessness, and local control of small cell site regulations. July 13 o Attended the Orange County Transportation Association (OCTA) Transit Committee meeting; discussed Bus Route Modifications and the future Transit Corridor Study Analysis Project. o Attended the Association of California Cities of Orange County (ACCOC) Infrastructure and Technology Committee meeting; discussed the final draft of Small Cell Site Model Ordinance; thanked Community Development Director Elizabeth Binsack and her staff for the information they provided on this topic; SB1 Infrastructure Bill guidelines; ACCOC Transportation Forum and plans for a future Cyber Security Forum on Lessons Learned. July 14 City Council July 18, 2017 Meeting Minutes Page 12 of 14 Attended the California Women Leadership Association (CWLA) Homelessness Panel Forum. July 15 Attended the 5th Annual Dental Care Clinic at the Tustin Family Youth Center; Dr Chuck Tozzer Foundation, with the help of four other dentists, hygienist and dental students attended to 58 patients which included for the first time this year, five veterans; patients received a full array of dental services including extractions, crowns and other services; thanked Recreation Coordinator Barbara Guerrero and her staff for the accommodations and support. July 18 Attended the Orange County Forum Luncheon and Collectibles Auction at Angels Stadium; two Los Angeles Angel players spoke at the luncheon, Cameron Maybin and Keynan Middleton. Thanked everyone for attending the Council meeting and those who shared their feelings on the homelessness issue in Tustin. Mayor Bernstein July 7 ~- Attended the Water Advisory Committee meeting; continue to conserve water. July 8 Attended the City of Tustin Volunteer Community Fair at the Tustin Community Center at the Market Place; Keynote Speaker, Jerri Rosen, CEO and Founder of Working Wardrobes was gem; thanked City Clerk, Erica N. Rabe, Management Analyst, Carrie Woodward, and Administrative Assistant, Brooke DelMerari for coordinating the event. July 10 Attended the Orange County Sanitation District Legislative Affairs Committee meeting. July 12 o Attended the Tustin Community Foundation Patriots and Pioneer event honoring Tustin's fallen military hero's; congratulated Donna Marsh Perry for doing a fantastic job with the program. o Attended the Tustin Parks and Recreation Concerts in the Park; thanked Parks and Recreation staff for putting on great events. July 13 Attended the Association of California Cities of Orange County (ACCOC) Summer Retreat; congratulated ACCOC on the passing of AB346. July 14 w.. Attended the California Women Leadership Association (CWLA) Homelessness Panel Forum. City Council July 18, 2017 Meeting Minutes Page 13 of 14 Announced many difficult topics were discussed at the Council meeting; thanked the community members who spoke during the meeting. Wished Donna Puckett a Happy Birthday. ADJOURNED at 10:35 p.m. The next meeting is scheduled on Tuesday, August 1, 2017 Regular Business Meeting at 7:00 p.m., and Closed Session Meeting to follow in the Council Chamber, 300 Centennial Way, Tustin, California. DR. ALLAN BERNSTEIN, Mayor City Council Meeting Minutes ERICA N. RABE, City Clerk July 18, 2017 Page 14 of 14