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Home My WebLink About02 CC MINUTES 8.1.17Agenda Item 2 Reviewed: City Manager ENR Finance Director N/A CITY OF TUSTIN REGULAR AUGUST 1, 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 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2417 at 7:01 p.m. INVOCATION — Pastor Dane Counts PLEDGE OF ALLEGIANCE — Mayor Bernstein 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: Carrie Woodward, Management Analyst Others Present: Jeffrey C. Parker, City Manager; David E. Kendig, City Attorney PRESENTATIONS — Lance M. Larson, Executive Director External Affairs Orange County Transportation Authority provided an update regarding Senate Bill 1. City Council August 1, 2017 Meeting Minutes Page 1 of 8 Jim Palmer, CEO of the Orange County Rescue Mission provided a One Year Anniversary update regarding the Tustin Veterans Outpost. ORAL COMMUNICATION/PUBLIC INPUT — 1. Betty Robinson 2. Brian Behrens 3. Traci Scott 4. Samantha Diaz 5. Joshua Wheelan 6. Pepper Hale 7. Sarah Garvey 8. Karen Valgean 9. Rozana Casados 10. Sam Half 11. Carol Cross 12. Bob Machado 13.Q 14. Ugochi Anaebere 15. Helen Fried CONSENT CALENDAR ITEMS 1-5 City Manager Jeffrey C. Parker announced Item No. 5 will be postponed to the August 15, 2017 City Council meeting. It was moved by Mayor Pro Tem Murray and seconded by Councilmember Puckett 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 HELD ON JULY 18, 2017. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on July 18, 2017. City Council August 1, 2017 Meeting Minutes Page 2 of 8 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 $1,810,707.25; and Demands in the amount of $5,755,177.30. 4. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE VETERANS SPORTS PARK AT TUSTIN LEGACY GRADING PROJECT, CIP NO. 20043 The plans and specifications for the Veterans Sports Park at Tustin Legacy Grading Project, CIP No. 20043 are being finalized and ready to bid mid-August pending final approval of the Project Environmental Review Form (PERF) T-012 and applicable portions of plans and specifications pertaining to the PERF by the Department of the Navy and City Engineer. Motion: That the City Council: Adopt Resolution No. 17-40 approving the plans and specifications for the Veterans Sports Park at Tustin Legacy Grading Project, CIP No. 20043; and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 17-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE VETERANS SPORTS PARK AT TUSTIN LEGACY GRADING PROJECT, CIP NO. 20043 AND AUTHORIZING ADVERTISEMENT FOR BIDS 5. ITEM POSTPONED TO THE AUGUST 15, 2017 CITY COUNCIL MEETING ADOPT RESOLUTION NO. 17-39 TO ACCEPT IMPROVEMENTS FOR THE MOFFETT DRIVE EXTENSION (CIP NO. 70230), LEGACY ROAD EXTENSION (CIP NO. 70231), FUTURE TUSD SCHOOL SITE (CIP NO. 70234) AND CITY PROPERTY (CIP NO. 70235) GRADING PROJECT AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Moffett Drive Extension (CIP No. 70230), Legacy Road Extension (CIP No. 70231), Future TUSD School Site (CIP No. 70234) and City Property (CIP No. 70235) Grading Project has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. City Council August 1, 2017 Meeting Minutes Page 3 of 8 Recommendation: That the City Council: Adopt Resolution No. 17-39 accepting the construction of the Moffett Drive Extension (CIP No. 70230), Legacy Road Extension (CIP No. 70231), Future TUSD School Site (CIP No. 70234) and City Property (CIP No. 70235) Grading Project; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 17-39 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 MOFFETT DRIVE EXTENSION (CIP NO. 70230), LEGACY ROAD EXTENSION (CIP NO. 70231), FUTURE TUSD SCHOOL SITE (CIP NO. 70234) AND CITY PROPERTY (CIP NO. 70235) GRADING PROJECT REGULAR ITEMS 6-7 6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE MEDIAN LANDSCAPE REHABILITATION PROJECT CIP NO. 10074 The plans and specifications for the Median Landscape Rehabilitation Project CIP No. 10074 have been prepared and the project is now ready for bid. It was moved by Councilmember Puckett and seconded by Councilmember Gomez to adopt Resolution No. 17-27 approving the plans and specifications for the Median Landscape Rehabilitation Project CIP No. 10074, and authorize the City Clerk to advertise to receive bids. Motion carried: 5-0 RESOLUTION NO. 17-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE MEDIAN LANDSCAPE REHABILITATION PROJECT CIP NO. 10074 AND AUTHORIZING ADVERTISEMENT FOR BIDS 7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1476 Ordinance No. 1476 establishes an expedited permitting process for electric vehicle charging stations as required by AB 1236. The City Council unanimously voted to have second reading by title only and adoption of Ordinance No. 1476. City Council August 1, 2017 Meeting Minutes Page 4 of 8 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. OTHER BUSINESS/COMMITTEE REPORTS Councilmember Puckett July 24-28 Attended three Transportation Corridor Agencies (TCA) meetings. July 19 Attended Tustin Day at the Orange County Fair. August 16 Announced he will be attending the Broadway in the Park production of Annie; thanked Tustin Area Council of Fine Arts (TACFA) for putting on what will be a great production. Shared that his grandson has been on a mission with the non-profit group, Surf the Nation; has been serving the homeless in Hawaii; looking forward in having him home on August 9th Councilmember Gomez July 21 Attended a Legislative Round Table with Congressman J. Luis (Lou) Correa; updates were given on federal policy. July 26 Spoke before the Tustin Area Realtors Group; spoke on schools and property values, and the impact on the community. Announced that the Santa Ana River Flood Protection Agency meeting was canceled due to lack of quorum. August 1 Recognized the Tustin Police Officers for the National Night Out event; was a very nice event. Thanked Tustin Area Council of Fine Arts (TACFA) for the Broadway in the Park production of Annie. City Council August 1, 2017 Meeting Minutes Page 5 of 8 Councilmember Clark July 20 Attended the Orange County Mosquito and Vector Control meeting; approved first amendment to the Executive Director annual contract; discussed role as a board in addressing disasters in the area. July 27 Attended a community dinner for the unveiling of sculptor Miriam Baker's bust of Columbus Tustin at Wilcox Manor. August 1 Thanked the Tustin Police Department and Police Chief Charles F. Celano for organizing National Night Out event; was a great event. Announced the Tustin Community Foundation is hosting a Mystery Dinner fundraiser on August 5t" at Wilcox Manor; encouraged everyone to attend. Mayor Pro Tem Murray July 19 Attended the Association of California Cities of Orange County (ACCOC) Board of Directors meeting; discussed cyber security white paper review and tentative approval; revisions to the California State University, Fullerton's Learning to Work Program; and the opposition letter to SB 649 Wireless Telecommunications Facility, small cell sites; thanked Elizabeth Binsack, Director of Community Development for her assistance with information regarding small cell sites. July 20 o Attended the Orange County Transportation Association (OCTA) Legislation and Communications meeting; reviewed SB 1. o Moderated the Association of California Cities of Orange County (ACCOC) Transportation Forum with Orange County Transportation Association (OCTA) CEO Darrell Johnson held at Brea City Hall. July 27 Attended the Orange County Fire Authority (OCFA) Board meeting; discussed Urban Search and Rescue Warehouse and Training Center Contingency funding; the approval of the Orange County Community Wildfire Protection Plan; acceptance of Homeland Security Grant funds; approved Risk Reduction Fee Study and Adoption of the Associated Fee Schedule; approved hiring of fifty new firefighter positions. July 28 Attended the Orange County Association of Realtors, Impact of Homelessness meeting; included a panel of Orange County Director of Care, Susan Price and Association of California Cities of Orange County (ACCOC) CEO, Heather Stratman. City Council August 1, 2017 Meeting Minutes Page 6 of 8 Thanked the Tustin Police Department and Orange County Fire Authority (OCFA) for the great teamwork during several major investigations; great job to the Gang and Detective units. Mayor Bernstein July 19 Attended Tustin Day at the Orange County Fair. July 20 Attended a presentation by the Costa Mesa Sanitary District. July 26 Attended the Orange County Sanitation District Board meeting; invited everyone to visit the Orange County Sanitation website. July 27 o Attended the Tustin Chili Cook -Off and Street Fair Committee wrap-up dinner; congratulated the committee on a great event. o Attended a community dinner for the unveiling of sculptor Miriam Baker's bust of Columbus Tustin at Wilcox Manor; congratulated Lindburgh McPherson and Elizabeth Binsack, Director of Community Development with their involvement with the Columbus Tustin bust. July 28 Attended the Southern California Water Committee Board meeting; invited everyone to visit different websites including the California WaterFix website and the Municipal Water District of Orange County website regarding water usage. CLOSED SESSION MEETING OF THE CITY COUNCIL CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to discuss Items 1-3(A) as they appear 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: CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) City Council August 1, 2017 Meeting Minutes Page 7 of 8 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] — (1 case) A. Property 434-021-22 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & Matthew S. West, Deputy City Manager Negotiating Parties Jeffrey Axtell, Vice President Acquisitions and Development, Vestar Development Company Under Negotiation Price and Terms of Payment Recessed to Closed Session at 8:46 p.m. Reconvened at 10:46 p.m. CLOSED SESSION REPORT: City Attorney David E. Kendig: The Council unanimously authorized the initiation of an action, the parties to which and the particulars of which will be disclosed upon request after the action has been initiated. Also, the Council unanimously gave directions to its real property negotiators. Other than that there was no reportable action. ADJOURNED at 10:47 p.m. The next meeting is scheduled on Tuesday, August 15, 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 August 1, 2017 Meeting Minutes Page 8 of 8 Agenda Item 2 Reviewed: City Manager ENR Finance Director N/A CITY OF TUSTIN SPECIAL AUGUST 9, 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 SPECIAL CLOSED SESSION MEETING 5:05 P.M. CALL TO ORDER at 5:05 p.m. ROLL CALL — City Clerk Present: Mayor Dr. Allan Bernstein, Mayor Pro Tem Murray, and Councilmembers Charles E. Puckett and Letitia Clark Absent: Councilmember Rebecca Gomez 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 as they appear 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 August 9, 2017 Special Meeting Minutes Page 1 of 3 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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — (1 case) Property Address/Description Agency City Negotiators Negotiating Parties Under Negotiation Recessed at 5:06 p.m. 434-021-22 City of Tustin Jeffrey C. Parker, City Manager & Matthew S. West, Deputy City Manager Jeffrey Axtell, Vice President Acquisitions and Development, Vestar Development Company Price and Terms of Payment City Council August 9, 2017 Special Meeting Minutes Page 2 of 3 SPECIAL MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER at 5:45 p.m. PLEDGE OF ALLEGIANCE — Councilmember Murray CLOSED SESSION REPORT — City Attorney David E. Kendig reportable action. ORAL COMMUNICATION/PUBLIC INPUT — None REGULAR BUSINESS ITEM The Council took no 1. AGREEMENT WITH VESTAR/KIMCO TO ISSUE CERTIFICATE OF COMPLIANCE Vestar/Kimco Tustin, L.P. ("Vesta r/Ki m co") has proposed an agreement to provide the City with a letter of credit guaranteeing completion of certain infrastructure improvements in exchange for issuance by the City of a "certificate of completion" under the terms of Vestar/Kimco's existing Development and Disposition Agreement with the City. It was moved by Mayor Pro Tem Murray and seconded by Councilmember Puckett to: 1. Approve and authorize the Mayor to execute the Agreement and Escrow Instructions, subject to any non -substantive corrections or revisions as approved by the City Manager and City Attorney; and 2. Authorize the City Manager or his designee to take any actions and sign any documents approved as to form by the City Attorney as may be necessary to implement the intent of Agreement and Escrow Instructions, including but not limited to additional escrow instructions. Motion carried: 4-0 ADJOURNED at 5:47 p.m. The next meeting is scheduled for Tuesday, August 15, 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 August 9, 2017 Special Meeting Minutes Page 3 of 3