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HomeMy WebLinkAbout02 CC MINUTES 10.03.17 AND 10.12.17Agenda Item 2 Reviewed: City Manager ENR Finance Director N/A CITY OF TUSTIN REGULAR OCTOBER 3, 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 4i���1 a►�� � CALL TO ORDER — Meeting #2420 at 5:40 p.m. ROLL CALL — City Clerk Present: Mayor Pro Tem Murray, Councilmembers Rebecca Gomez and Charles E. Puckett Absent: Mayor Dr. Allan Bernstein and Councilmember Letitia Clark City Clerk: Carrie Woodward, Management Analyst 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 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): (Two Cases) City Council October 3, 2017 Meeting Minutes Page 1 of 12 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (Two Cases) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (Two Cases) A. Property 430-371-18,19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, Address/Description 30, 31, 32, 33, 61, 62, 63, 64, 65, 66, 67, 68 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & John Buchanan, Director of Economic Development/Acting Director of Finance Negotiating Parties OliverMcMillan Tustin Legacy Inc. Under Negotiation Price and Terms of Payment B. Property 500-141-09 and 500-141-10 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Irvine Asset Group, LLC Under Negotiation Price and Terms of Payment Recessed at 5:42 p.m. Councilmember Clark arrived at 6:45 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY FKIIIJ a►y� p CALL TO ORDER — Meeting #2420 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 took no reportable action. City Council October 3, 2017 Meeting Minutes Page 2 of 12 PRESENTATIONS — Mayor Pro Tem Murray presented Certificates of Recognition in honor of the 2017 Boys State Program to the following: Amir Zafary, Austin Stark, and Timothy Ky Hong. Mayor Pro Tem Murray presented Certificates of Recognition in honor of the Tustin Dental Clinic to Dr. Charles P. Tozzer, Peter Dolas, DDS, Sangita Hablani, DDS, Austin Wall, DDS and Kellie Ramsey, USC student. Superintendent Dr. Gregory A. Franklin, CFO Tony Soria, and Director of Facility Maintenance and Operations, Dave Miranda provided an update on the School Facilities Development at the Legacy by Tustin Unified School District. Recessed at 7:44 p.m. Reconvened at 7:45 p.m. ORAL COMMUNICATION/PUBLIC INPUT — 1. Ryan Rigsbee 2. Sharmain Bodin CONSENT CALENDAR ITEMS 1-9 The Council unanimously pulled Item 5, 8 and 9 and approved the balance as recommended by staff. Motion carried: 4-0 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 SEPTEMBER 19, 2017 Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on September 19, 2017. City Council October 3, 2017 Meeting Minutes Page 3 of 12 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 $720,636.24; and Demands in the amount of $3,852,257.95. 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the second quarter of 2017. The average noise level measured at Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior quarters during this second quarter reporting period. Average noise levels during the second 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. AGREEMENT WITH THE COUNTY OF ORANGE FOR POINT OF DISPENSING SITE SERVICES The Orange County Health Care Agency (HCA) is responsible for the Cities Readiness program. This includes supporting Point of Dispensing (POD) operations for possible epidemic and pandemic incidents. This agreement will enable the HCA to continue to provide material and program support to the City. Deputy Chief Garaven confirmed the program time was from 11:00 am to 1:00 p.m. at the Columbus Tustin Gym Parking Lot. It was moved by Councilmember Clark and seconded by Councilmember Puckett to approve the Agreement with the County of Orange for the Provision of Point of Dispensing Site Services and authorize the Mayor and City Clerk to execute the contract documents. Motion carried: 4-0 6. AGREEMENT WITH ASHBRITT, INC. TO PROVIDE DISASTER -RELATED DEBRIS MANAGEMENT AND RECOVERY SERVICES Ashbritt, Inc. (Ashbritt) is a national company that provides support services to public agencies during and after disasters. The County of Orange (County) has contracted with Ashbritt and is making the contract available to local agencies. City Council approval is requested to indemnify the County of Orange in the event the City utilizes the Ashbritt, Inc. contract. City Council October 3, 2017 Meeting Minutes Page 4 of 12 Motion: That the City Council approve the Agreement with Ashbritt and authorize the City Manager to execute the County of Orange Indemnification Supplement Agreement for Contract Number MA -080-7010431 with Ashbritt, Inc. for Disaster - Related Debris Management Services. 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE PARK AVENUE IMPROVEMENTS FROM TUSTIN RANCH ROAD TO WARNER AVENUE CONSTRUCTION PROJECT (CIP NO. 70233) WITHIN THE DISTRICT The plans and specifications for the Park Avenue Improvements from Tustin Ranch Road to Warner Avenue Construction Project (CIP No. 70233) within The District have been prepared and the project is ready to be bid. Motion: That the City Council: Adopt Resolution No. 17-17 approving the plans and specifications for the Park Avenue Improvements Construction Project (CIP No. 70233); and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 17-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR PARK AVENUE IMPROVEMENTS FROM TUSTIN RANCH ROAD TO WARNER AVENUE CONSTRUCTION PROJECT (CIP NO. 70233) AND AUTHORIZING ADVERTISEMENT FOR BIDS 8. APPROVE REIMBURSEMENT AGREEMENT OCSD CONTRACT NO. 7-37 (IN LIEU STREET WORK) WITH THE ORANGE COUNTY SANITATION DISTRICT FOR THE CONSTRUCTION OF A PORTION OF THE GISLER RED HILL SYSTEM IMPROVEMENTS Reimbursement Agreement OCSD Contract No. 7-37 (In Lieu Street Work) between the City of Tustin and the Orange County Sanitation District (OCSD) dated September 27, 2017 establishes terms and conditions under which OCSD would provide funds for the City's contractor to construct certain final paving and miscellaneous street improvement elements of the OCSD Project ("Street Work") that are associated with the City's Red Hill Avenue Widening and Median Improvements project (CIP Nos. 70197, 70226 & 70227) ("City Project"). It was moved by Councilmember Puckett and seconded by Mayor Pro Tem Murray to approve Reimbursement Agreement OCSD Contract No. 7-37 (In Lieu Street Work) with OCSD and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. City Council October 3, 2017 Meeting Minutes Page 5 of 12 Motion carried: 4-0 9. APPROVAL OF PRE -QUALIFICATION PACKAGE FOR CONSTRUCTION OF THE TUSTIN EMERGENCY OPERATION CENTER AND CORPORATION YARD PROJECT Staff has prepared a Pre -Qualification Package for construction of the Emergency Operation Center and Corporation Yard project. The package includes a standard questionnaire and financial statement, a uniform system of rating bidders based upon objective criteria, and an appeal procedure which will allow a contractor to appeal decisions that they are not qualified to bid on this project. Deputy Chief Garaven shared information regarding the Emergency Response Program offered by the Police Department. It's an eight week program offered twice a year. It was moved by Mayor Pro Tem Murray and seconded by Councilmember Puckett to approve the Pre -Qualification Package for construction of the Emergency Operation Center and Corporation Yard project. Motion carried: 4-0 PUBLIC HEARING ITEMS 10-11 10. AMENDMENT TO THE 2015-16 AND 2016-17 ACTION PLANS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Public Hearing opened at 8:04 p.m. Public Hearing closed at 8:04 p.m. with no public input. It was moved by Councilmember Puckett and seconded by Mayor Pro Tem Murray to adopt Resolution No. 17-48 amending the Action Plans for Program Years 2015-16 and 2016-17 to transfer funds to Community Development Block Grant (CDBG) projects that can be immediately implemented during the current 2017-18 Program Year. Motion carried: 4-0 RESOLUTION NO. 17-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENTS TO THE CITY'S 2015-16 AND 2016-17 ACTION PLANS FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BY REALLOCATING FUNDS TO THE SENIOR CENTER ALTERNATE POWER SOURCE IMPROVEMENTS PROJECT AND City Council October 3, 2017 Meeting Minutes Page 6 of 12 AUTHORIZING SUBMISSION OF THE AMENDMENTS TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 11. CODE AMENDMENT 2017-006 (ORDINANCE NO. 1484), INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING Code Amendment 2017-006 proposes to amend Article 9 (Land Use) Chapter 1 of the Tustin City Code, related to Incentives for the Development of Affordable Housing to comply with recent updates of State law. On September 12, 2017, the Planning Commission adopted Resolution No. 4348, recommending that the Tustin City Council adopt Ordinance No. 1484. (Code Amendment 2017-006) (Applicant: City of Tustin) Public Hearing opened at 8:09 p.m. Public Hearing closed at 8:09 p.m. with no public input. It was moved by Councilmember Puckett and seconded by Councilmember Gomez to introduce and have first reading of Ordinance No. 1484, (Code Amendment (CA) 2017-006) by amending Article 9 Chapter 1, in its entirety, relating to Incentives for the Development of Affordable Housing (Density Bonus); and set a second reading for the next City Council meeting. Motion carried: 4-0 ORDINANCE NO. 1484 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE ARTICLE 9, CHAPTER 1, IN ITS ENTIRETY RELATING TO INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. REGULAR BUSINESS ITEMS 12-13 12. AWARD CONTRACT FOR THE VETERANS SPORTS PARK AT TUSTIN LEGACY GRADING PROJECT, CIP NO. 20043 Staff is recommending that the City Council award the construction contract for the Veterans Sports Park at Tustin Legacy Grading Project, CIP No. 20043 to the lowest responsive/responsible bidder, Sukut Construction, LLC. It was moved by Mayor Pro Tem Murray and seconded by Councilmember Gomez to award the construction contract for the Veterans Sports Park at Tustin Legacy Grading Project, CIP No. 20043 to the lowest responsive/responsible bidder, Sukut Construction, LLC, in the amount of $3,296,820.25 and authorize City Council October 3, 2017 Meeting Minutes Page 7 of 12 the Mayor and the City Clerk to execute the contract documents on behalf of the City. Motion carried: 4-0 13. ORDINANCE REGULATING SMOKING AND USE OF ELECTRONIC CIGARETTES IN PUBLIC PLACES Currently, the Tustin City Code only regulates smoking in enclosed public places. Neither the City's smoking regulations, nor the City's park regulations prohibit smoking outdoors in public parks. Additionally, the Tustin City Code does not address the use of electronic cigarettes in any manner. The attached Ordinance 1485 would, if adopted, expand upon the City's current smoking and park regulations to clarify that smoking is prohibited in public parks. Additionally, if adopted, the proposed ordinance would clarify that use of electronic cigarettes and similar devices is prohibited in all areas of the City where smoking is prohibited. Public Input: 1. Abbie Gee 2. Samantha Fedewa 3. Ella Chang 4. Natalia Minchala 5. Natalie Gee 6. Maya Delatorre 7. Ravi Choudhari It was moved by Councilmember Clark and seconded by Councilmember Gomez to conduct the first reading by title only of Ordinance 1485 and direct staff to schedule the Ordinance for second reading and adoption at the next regular meeting of the Council. Motion carried: 4-0 ORDINANCE NO. 1485 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 2, CHAPTER 1 OF ARTICLE 4 OF THE TUSTIN CITY CODE REGARDING THE REGULATION OF SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT AND CITY -OWNED, OPERATED OR LEASED FACILITIES, AND SECTION 7112 OF CHAPTER 1 OF ARTICLE 7 OF THE TUSTIN CITY CODE REGARDING PROHIBITED ACTIVITIES IN PARKS. City Council October 3, 2017 Meeting Minutes Page 8 of 12 OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY City Manager Jeffrey C. Parker Announced he is looking forward to the Tustin Tiller Days event. COUNCILMEMBER COMMENTS AND REPORTS Councilmember Puckett Announced that Coffee with a Cop is scheduled on Wednesday, October 4t", 7:00 a.m. at Starbucks Coffee in Larwin Square. September 21 Attended the Orange County Taxpayers Association's 2017 Roses, Radishes and Royalty Award Dinner. September 24 Attended the City of Tustin's 90t" Anniversary Celebration in Old Town Tustin; congratulated city staff that organized the event as well as the unveiling of the Columbus Tustin bust on the corner of EI Camino Real and Main Street; extremely successful and well -attended event. September 25 Attended the Tustin Unified School District's (TUSD) State of the Schools Breakfast at Tustin High School; Superintendent Dr. Gregory A. Franklin presented a great program. September 27 o Attended the Transportation Corridor Agencies (TCA) Joint Toll Operations Committee Meeting. o Attended the Orange County Sanitation District Board meeting. September 29 Attended the Tustin Area Republican Women Federated luncheon; featured guest speaker was Larry Elder. October 2 Attended the Transportation Corridor Agencies (TCA) meeting. Announced he is looking forward to Tustin Tiller Days; encouraged everyone to attend. Councilmember Gomez September 23 Attended the Democratic Party of Orange County Annual Harry S. Truman Awards Dinner; honored people in public service in Orange County; special guest and keynote speaker was Minnesota Congressman, Keith Ellison; former Irvine Mayor, Beth Krom, was presented City Council October 3, 2017 Meeting Minutes Page 9 of 12 with the Life Time Achievement Award. September 24 Attended the City of Tustin's 90th Anniversary Celebration in Old Town Tustin; was a wonderful event followed by the 3rd Annual Totally Taste of Tustin event; thanked the many restaurants and businesses that participated with the event as well as the community members who attended the event; thanked Cypress Councilmember, Stacy Berry, who attended Tustin's 90th Anniversary Celebration with her parents. September 25 Attended the Tustin Unified School District's (TUSD) State of the Schools Breakfast at Tustin High School; community should be proud of the accomplishments of the students and the programs which are provided through TUSD; very uplifting event. September 27 o Attended the Newport -Mesa Unified School District State of the Schools Breakfast. o Attended the West Orange County Women's Conference in Cypress. September 28 Attended the Santa Ana Riverflood Protection Agency; received an update from the Washington D.C. advocate; Greg Woodside from Orange County Water District provided an update on the water conservation efforts at Prado Dam; received a presentation from the Orange County Public Works Department on the Santa Ana River Mainstem and Westminster Watershed Studies. Announced the Senior Resource Fair is on November 3rd from 9:00 a.m.-12:00 p.m.; County of Orange will also be providing seniors with flu shots. Announced Health Insurance Counseling and Advocacy Program (HICAP) counselors will be available on November 6th for Open Enrollment from 9:00 a.m.-4:00 p.m. Councilmember Clark September 21 o Attended the Orange County Mosquito and Vector Control meeting. o Attended the Luna Rossa Ribbon Cutting Ceremony; was their 5th year anniversary. September 24 Attended the City of Tustin's 90th Anniversary Celebration in Old Town Tustin; congratulated Communications Manager, Stephanie Najera and other city staff for a successful event; thanked the Tustin Chamber of Commerce for the unveiling of the Columbus Tustin bust and for the 3rd Annual Totally Taste of Tustin event. September 25 Attended the Tustin Unified School District's (TUSD) State of the Schools Breakfast at Tustin High School; TUSD Superintendent Dr. Gregory A. Franklin reiterated the high graduation rate within TUSD; Dr. Franklin also mentioned the redistricting within the school City Council October 3, 2017 Meeting Minutes Page 10 of 12 district, which will change the dynamics of the TUSD School Board; very proud of TUSD. September 28 Attended the Orange County Housing Summit at Chapman University; very good information was provided, from local developers to commercial building developers; information was given regarding permanent housing being the solution for homelessness; Orange County Homelessness Cost Study, by Jamboree Housing, was also discussed. October 3 Attended the Tustin Lions Club meeting; updated the club on community colleges and current updates within Tustin. Mayor Pro Tem Murray September 22 Attended the South Orange County Economic Coalition meeting with Senator Patricia Bates. September 24 Attended the City of Tustin's 90th Anniversary Celebration in Old Town Tustin; congratulated Communications Manager, Stephanie Najera and Tustin Chamber of Commerce President, Bill McInerney for their hard work with the event; congratulated Lindburgh McPherson for organizing the unveiling of the Columbus Tustin bust. September 25 -September 27 Was in Washington D.C. on an advocacy trip with the City Manager, Jeffrey C. Parker; Deputy City Manager, Matthew West; and Public Works Director, Douglas S. Stack; met with Congresswoman Mimi Walters and Federal Emergency Management Agency (FEMA); met with congressional leaders to discuss housing, transportation, sober living, drones, and homelessness issues. September 27 Attended the Military Service Academy Night sponsored by Congresswoman Mimi Walters at Beckman High School; over a hundred students and their parents in attendance. September 28 o Attended the Orange County Housing Summit at Chapman University; very well attended. o Attended the Orange County Fire Authority (OCFA) Board meeting; board approved the interim Fire Chief Patrick McIntosh; he has a lot of experience. September 29 o Attended the Orange County Business Council Mobility 21 Transportation Summit; very well attended event. o Attended the Tustin Area Republican Women Federated luncheon; featured guest speaker was Larry Elder. City Council October 3, 2017 Meeting Minutes Page 11 of 12 Congratulated City Manager Jeffrey C. Parker and Deputy City Manager Matthew West on a great Washington D.C. advocacy trip. ADJOURNED IN MEMORY OF THE VICTIMS OF THE LAS VEGAS SHOOTINGS ADJOURNED at 8:48 p.m. The next meeting is scheduled on Tuesday, October 17, 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 October 3, 2017 Meeting Minutes Page 12 of 12 CITY OF TUSTIN SPECIAL MEETING OF THE CITY COUNCIL Al Murray, Mayor Pro Tem Rebecca Gomez, Councilmember Charles E. Puckett, Councilmember Letitia Clark, Councilmember OCTOBER 12, 2017 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager Dr. Allan Bernstein, Mayor David E. Kendig, City Attorney Erica N. Rabe, City Clerk Jeffrey C. Parker, City Treasurer MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL - 4:30 P.M. CALL TO ORDER at 4:41 p.m. PLEDGE OF ALLEGIANCE — Mayor Pro Tem Murray ROLL CALL — City Clerk Present: Mayor Dr. Allan Bernstein, Mayor Pro Tem Murray, 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 ORAL COMMUNICATION/PUBLIC INPUT — None REGULAR BUSINESS ITEM 1 RESOLUTION RATIFYING THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES' PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY AND PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY. City Manager Jeffrey C. Parker provided an update. Emergency Management Coordinator Joe Meyers provided an update. Orange County Fire Authority Division Chief Andy Kovacs provided an update. City Council October 12, 2017 Meeting Minutes Page 1 of 2 This item seeks approval of a Council Resolution ratifying the City Manager's Proclamation of Local Emergency in connection with the Canyon Fire 2 that threatened areas of the City of Tustin beginning on October 9th. Councilmember Gomez arrived at 4:58 p.m. It was moved by Mayor Pro Tem Murray and seconded by Councilmember Clark to approve Resolution 17-52 ratifying the City Manager/Director of Emergency Services' Proclamation of Existence of a Local Emergency and Proclaiming the Termination of the Local Emergency. Motion carried: 5-0 Resolution 17-52: A Resolution Of The City Council Of The City Of Tustin Ratifying The City Manager/Director Of Emergency Services' Proclamation Of Existence Of A Local Emergency And Proclaiming The Termination Of The Local Emergency ADJOURNED at 4:59 p.m. The next meeting is scheduled on Tuesday, October 17, 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 October 12, 2017 Meeting Minutes Page 2 of 2