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HomeMy WebLinkAboutCC MINUTES 11-21-171 1 CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Al Murray, Mayor Pro Tem Rebecca Gomez, Councilmember Charles E. Puckett, Councilmember Letitia Clark, Councilmember NOVEMBER 21, 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 CLOSED SESSION MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER — Meeting #2423 at 6:00 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 convene to discuss Items 1-4 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): (Two Cases) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (Two Cases) 3. LABOR NEGOTIATIONS - [Government Code Section 54957.6] City Council November 21, 2017 Meeting Minutes Page 1 of 11 Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter. Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association—Management Unit (TPMA) Employee Organization: Tustin Police Officers Association—Officer Unit (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employees Employee Organization: Unrepresented Executive Management and Management Employees Employee Organization: Unrepresented Part -Time Employees 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (Two Cases) A. Property 1941 EI Camino Real, APN: 500-071-12 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager; Elizabeth Binsack, Director of Community Development; and Jerry Craig, Deputy Director of Economic Development Negotiating Parties Family Promise of Orange County, Melody Mosley - President Under Negotiation Price and Terms of Payment B. Property A portion of lots 19, KKK, and LLL of Tract No. 17404 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 Michael Battaglia, CalAtlantic Group, Inc. Under Negotiation Price and Terms of Payment Recessed at 6:01 .p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. City Council November 21, 2017 Meeting Minutes Page 2 of 11 CALL TO ORDER — Meeting #2423 at 7:13 p.m. INVOCATION — Pastor Bernardo Ramirez PLEDGE OF ALLEGIANCE — Council Member Puckett CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council considered Items 1-3 on the Closed Session Agenda and will reconvene following the Regular Meeting. ORAL COMMUNICATION/PUBLIC INPUT — None PRESENTATION — Mayor Bernstein presented a Certificate of Recognition to Bob Ammann and Ivan Bishop in recognition of being honored as a Gem of Tustin. CONSENT CALENDAR ITEMS 1-8 It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember Puckett to pull Item No. 8 and 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 NOVEMBER 7, 2017 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 7, 2017. City Council November 21, 2017 Meeting Minutes Page 3 of 11 Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on November 7, 2017 and Special Meeting of the City Council held on November 7, 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 amounts of $733,219.40; and Demands in the amount of $3,524,725.49. 4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Motion: That the City Council receive and file. 5. CANCELLATION OF THE JANUARY 2, 2018 CITY COUNCIL MEETING Due to a lack of quorum, staff recommends cancellation of the January 2, 2018 Regular City Council meeting. Motion: That the City Council direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting on January 2, 2018. The City Council hereby waives notice of said meeting as required by Government Code §54954. 6. AWARD OF CONTRACT FOR SENIOR CENTER ALTERNATE POWER SOURCE IMPROVEMENTS CIP 10073 Staff is requesting that the City Council award the construction contract for the Senior Center Alternate Power Source Improvements CIP No. 10073 to the lowest responsive/responsible bidder. Motion: That the City Council deny the bid protest submitted by AMTEK Construction and award the construction contract for the Senior Center Alternate Power Source Improvements CIP No. 10073 to the lowest responsive/responsible bidder, The Stone Collector, in the amount of $350,000 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. City Council November 21, 2017 Meeting Minutes Page 4 of 11 7. APPROVE COOPERATIVE AGREEMENT NO. C-7-1863 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE BICYCLE CORRIDOR IMPROVEMENT PROGRAM MAIN STREET/EL CAMINO REAL IMPROVEMENT PROJECT Staff is requesting that the City Council approve the Cooperative Agreement No. C-7-1863 with the Orange County Transportation Authority (OCTA) for the Bicycle Corridor Improvement Program (BCIP) Main Street/EI Camino Real Improvement Project. The City Council at their regular meeting on April 19, 2016, previously adopted Resolution No. 16-22 to submit the application and appropriate the minimum match for funding the construction phase of the Main Street/EI Camino Real Improvement Project. Motion: That the City Council approve Cooperative Agreement No. C-7-1863 with OCTA for the BCIP Main Street/EI Camino Real Improvement Project, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. 8. 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. It was moved by Mayor Pro Tem Murray and seconded by Councilmember Puckett that the City Council receive and file this item. Motion carried: 5-0 REGULAR BUSINESS ITEM NO.9 9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1488 Ordinance No. 1488 amends the Tustin City Code by adding Section 7114 to Chapter 1 of Article 7 of the Tustin City Code identifying the Tustin Civic Center Plaza and adopting regulations governing the use of the Tustin Civic Center Plaza 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. 1488. ORDINANCE NO. 1488 City Council November 21, 2017 Meeting Minutes Page 5 of 11 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 7114 TO CHAPTER 1 OF ARTICLE 7 OF THE TUSTIN CITY CODE IDENTIFYING THE TUSTIN CIVIC CENTER PLAZA AND ADOPTING REGULATIONS GOVERNING THE USE OF THE TUSTIN CIVIC CENTER Motion carried: 5-0 OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY City Manager Jeffrey C. Parker Totally Tustin Update Announced the event was a collaboration between the City of Tustin and Tustin Chamber of Commerce; the event was held with the City's 90"' birthday celebration; total revenue was $24,230.00; expenses were a little over $4,000.00; the revenue will be divided between the City and the Chamber; $10,000.00 will be given to the adopted squadrons. Going forward, the City is looking to use the money for the non-profit group who will be working with the Military Squadrons. Mayor's Prayer Breakfast Announced the event was organized by the Tustin Community Foundation (TCF); TCF indicated they will be giving twenty-five percent (25%) of their net -profit, which is $2,300.00 to the City of Tustin's Adopted Squadrons; currently $12,300.00 is in the account. Veterans Sports Park Groundbreaking Ceremony Announced the ceremony was held before the Council meeting; very excited about the start of the grading operation; thanked the Public Works Department and the Parks and Recreation Department for hosting the ceremony and moving forward with the project. Business Recognition Luncheon Announced had a tremendous turn -out at the luncheon; one of the businesses recognized was Star Surgical, located off of Red Hill; thanked Director of Public Works, Douglas S. Stack for working with the street contractors on Red Hill to grant the request of Dr. Keith Holiday, from Star Surgical, to have construction worked on another street during Dr. Holiday's stakeholders meeting; working with Dr. Holiday's request was a great start in establishing a relationship with a growing company. Wished the community, City Council, City staff, and everyone a Happy Thanksgiving. City Attorney David E. Kendig Wished everyone a Happy Thanksgiving. COUNCILMEMBER COMMENTS AND REPORTS City Council November 21, 2017 Meeting Minutes Page 6 of 11 Councilmember Puckett Announced he missed the November 7t' Council meeting due to his visit to Kansas. October 25 Attended the Stater Brother's Grand Opening Ribbon Cutting Ceremony. October 29 Attended the Boys and Girls Club Gala. October 31 o Attended the Parks and Recreation Department Halloween Howl at Columbus Tustin Activity Center. o Attended the Tustin Business Recognition Luncheon. November 2 Attended the Southern California Association of Governments (SCAG) meeting in Los Angeles. November 4 Attended the Inaugural Mr. Tustin Pageant to benefit the Miss Tustin Scholarship Program; very well attended; congratulated all the contestants who participated; congratulated Blue Buoy Swim School's Johnny Johnson for being the first Mr. Tustin. November 5 Attended the Tustin Public Schools Foundation Dinosaur Dash at the Market Place; congratulated the Tustin Public Schools Foundation for another great job. November 15 Attended the Tustin Area Republican Women Federated meeting; keynote speaker was Orange County Board of Supervisor, Todd Spitzer. November 16 o Attended the Tustin Community Foundation Mayor's Thanksgiving Breakfast; event keeps getting better. o Shared that he was Santa Claus at the Enderle Center's Christmas Kick -Off Celebration. November 17 Attended the Orange County Sanitation District State of the District Breakfast. November 19 Attended the Veterans Outpost Barbeque; spent a lot of time meeting with the Veterans; thanked the Exchange Club for organizing the event. November 21 Attended the Veterans Sports Park Groundbreaking Ceremony; going to be a tremendous City Council November 21, 2017 Meeting Minutes Page 7 of 11 addition to the City of Tustin; thanked Director of Parks and Recreation, David A. Wilson and his staff for a great ceremony; looking forward to the Ribbon Cutting. Wished everyone a Happy Thanksgiving. Councilmember Gomez November 10 Attended the Orange County Senior Citizen Advisory Committee (SCAC) meeting in Laguna Beach: o Feature speaker was Dr. Bill Liu from the Orange County Health Care Agency; provided information on safe prescription drug usage; o Office on Aging reported the SCAC members contributed over 5,000 volunteer hours, which is equivalent to over $142,000.00; o Veterans Service Office served 673 clients and fielded 810 calls during the month of October; o Eleven (11) volunteers completed a five week training session to facilitate the Spanish version of the chronic disease of Diabetes Self -Management classes; will be offering the classes in Spanish in the upcoming months; o Senior Non -Emergency Transportation offered over 14,000 trips in the month of October; o SCAC members enjoyed a holiday lunch after the meeting. November 16 o Was unable to attend the Tustin Community Foundation Mayor's Thanksgiving Breakfast; heard it was a very nice event. o Was unable to attend the Santa Ana River Flood Protection Agency; will report on the meeting once the minutes are made available. November 21 Attended the Veterans Sports Park Groundbreaking Ceremony; was a fun event; the Tustin Community will be pleased with the outcome of the park. Wished everyone a very Happy Thanksgiving; announced we should be thankful we live in a country that allows us to speak out on injustice; we need to be grateful for the blessings we have when many other people in the world do not have the same freedoms; wished everyone a safe Thanksgiving with family and friends. Councilmember Clark November 8 Attended the Association of California Cities of Orange County (ACCOC) Prop 64 Forum. November 11 Attended the Orange County Employee Association Annual Veterans Day Food Drive at the Orange County Fair Grounds. City Council November 21, 2017 Meeting Minutes Page 8 of 11 November 12 Met with female elected leaders at Zama Tea in Old Town Tustin; everyone loved the food, setting, and beverages at Zama Tea; kudos to Zama Tea for doing a great job. November 16 o Attended the Tustin Community Foundation Mayor's Thanksgiving Breakfast; loved the event; favorite part was seeing all the non-profit groups who received the grants; even the smaller grants given out make a huge difference to the groups. o Attended the Orange County Mosquito and Vector Control Board meeting; reported over 16,000 acres throughout Orange County is infested with Asian tiger mosquito, which has been known to carry the Zika virus. November 23 Will be at Peppertree Park assisting TyRon Jackson from Operation Warm Wishes, with the Thanksgiving feasts for the homeless. Announced the Boys and Girls Club Ladies Night -Out Ceremony will be held on December 6, 2017 at Luna Rosa at the District; Randi Bernstein will be recognized at the event. November 21 Attended the Veterans Sports Park Groundbreaking Ceremony; was a great event for city staff and community members were in attendance. Wished everyone a very Happy Thanksgiving. Mayor Pro Tem Murray November 8 o Attended the Tustin Chamber of Commerce Monthly Breakfast; Tustin Officer of the Month was Officer Cody Hense; Tustin City Manager, Jeffrey C. Parker, provided an informative presentation on the updates in the City of Tusitn. o Attended the Orange County Fire Authority (OCFA) Budget and Finance meeting. o Attended the Association of California Cities of Orange County (ACCOC) Prop 64 Forum. o Attended the Orange County Transportation Authority (OCTA) Transit Committee meeting. November 13 Attended the Orange County Transportation Authority (OCTA) Board meeting; ridership on the bus system is up twenty percent (20%); discussed Micro -Transit Pilot Program, which is OCTA's version of UBER; discussed piloting it in Mission Viejo and Huntington Beach. November 15 o Attended the Association of California Cities of Orange County (ACCOC) Board meeting. o Attended the Association of California Cities of Orange County (ACCOC) Orange County (OC) Ending Homelessness Strategies Forum; thanked Director of City Council November 21, 2017 Meeting Minutes Page 9 of 11 Community Development, Elizabeth Binsack as well as city staff for attending. o Attended the Association of California Cities of Orange County (ACCOC) Business Meeting and Holiday Reception. November 16 o Attended the Tustin Community Foundation Mayor's Thanksgiving Breakfast. c Attended the Orange County Transportation Authority (OCTA) Legislative and Regulatory meeting. o Attended the Orange County Business Council (OCBC) Turning Red Tape Into Red Carpet Awards; City of Tustin staff received the OCBC Red Carpet 2017 Real Estate, Redevelopment, and Reuse Award for the FLIGHT and Legacy Park projects; job well done to all the staff involved with the projects. o Attended the Orange County Fire Authority (OCFA) Board meeting. November 17-19 Accompanied the Tustin Police Department to the California Accreditation for Law Enforcement Agencies (CALEA) accreditation and re -certification conference; invited Tustin Police Chief, Charles F. Celano Jr. up to speak on the accreditation. Thanked the Public Works Department for the street maintenance upgrades taking place throughout the city. November 21 Attended the Veterans Sports Park Groundbreaking Ceremony. Wished staff, the community, and colleagues a very Happy Thanksgiving; announced he as well his family will be serving Thanksgiving meals at the Orange County Rescue Mission. Mayor Bernstein November 8 o Attended the Local Agency Formation Commission (LAFCO) Executive Board meeting; discussed organizational assessment. o Attended the Association of California Cities of Orange County (ACCOC) Prop 64 Forum; discussed medical and recreational marijuana. November 11 Announced Happy Veterans Day. November 13 Attended the Orange County Sanitation District Legislative and Public Affairs Committee meeting; encouraged everyone to visit the Orange County Sanitation website. November 15 o Attended the Association of California Cities of Orange County (ACCOC) Orange County (OC) Ending Homelessness Strategies Forum. o Gave Cub Scout Pack 656 a tour of City Hall. City Council November 21, 2017 Meeting Minutes Page 10 of 11 o Attended the Association of California Cities of Orange County (ACCOC) Business Meeting and Thanksgiving Reception. o Attended the Orange County Sanitation District Board meeting. o Congratulated everyone who were voted in as officers to the Association of California Cities of Orange County (ACCOC) and to ACCOC Chief Executive Officer Heather Stratman. November 16 o Attended the Tustin Community Foundation Mayor's Thanksgiving Breakfast; congratulated the non-profit groups who applied for the grants and the non-profit groups who received the grants. o Unable to attend the Orange County Business Council (OCBC) Turning Red Tape Into Red Carpet Awards; congratulated Tustin city staff on receiving the OCBC Red Carpet 2017 Real Estate, Redevelopment, and Reuse Award for the FLIGHT and Legacy Park projects. November 17 Attended the Orange County Sanitation District State of the District Breakfast. November 21 Attended the Veterans Sports Park Groundbreaking Ceremony; congratulated Director of Parks and Recreation David A. Wilson, Parks and Recreation staff, and the Public Works staff on the event as well as the work going into Veterans Sports Park. Congratulated wife Randi Bernstein who will be recognized at the Boys and Girls Club, Ladies Night -Out Ceremony on December 6, 2017 at Luna Rosa at the District. Congratulated the Tustin Police Department on receiving the California Accreditation for Law Enforcement Agencies (CALEA) accreditation and re -certification. Wished everyone a very Happy Thanksgiving. Recessed at 7:48 p.m. Reconvened at 9:52 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. ADJOURNED at 9:52 p.m. The next meeting is scheduled on Tuesday, December 5, 2017 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in t%CunMmber, 300 Centennial Way, Tustin, California. DR. ALLAN BERNSTEIN, ERICA N. RABE, able Mayor City Clerk City Council November 21, 2017 Meeting Minutes Page 11 of 11