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HomeMy WebLinkAboutCC MINUTES 02-06-18CITY OF TUSTIN REGULAR FEBRUARY 6, 2018 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND TUSTIN HOUSING AUTHORITY; _..th 300 CENTENNIAL WAY, TUSTIN Rebecca Gomez, Mayor Pro Tem Jeffrey C. Parker, City Manager/ Dr. Allan Bernstein, Councilmember Al Murray, Mayor City Treasurer Charles E. Puckett, Councilmember Erica N. Rabe, City Clerk Letitia Clark, Councilmember David E. Kendig, City Attorney MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 5:30 P.M. CALL TO ORDER — Meeting #2427 at 5:33 p.m. ROLL CALL — City Clerk Present: Mayor Pro Tem Rebecca Gomez and Councilmembers Dr. Allan Bernstein and Charles E. Puckett Absent: Mayor Murray and Councilmember Letitia 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): (Two Cases) 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 § City Council February 6, 2018 Meeting Minutes Page 1 of 13 54956.8]: (One Case) A. Property 1 1345 Sun Dial Drive; Tustin; APN 933-582-19 Address/Description Agency Tustin Housing Authority City Negotiators Jeffrey C. Parker, Executive Director; Jerry Craig, Deputy Director of Economic Development -- Negotiating Parties An Truong and Vangie Tran Under Negotiation Price and Terms of Payment Recessed at 5:33 p.m. Councilmember Clark arrived at 5:40 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2427 at 7:04 p.m. INVOCATION - Father Bao, St. Cecilia Church PLEDGE OF ALLEGIANCE — Councilmember Clark CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — 1. Anne Marie van der Hoek 2. Adhitya Ravikumar 3. Caroline Martinez 4. Adriana Zhou 5. Sid Narula 6. Vishruth Shatagopam 7. Clayton Smith 8. Kyra Schwarzer 9. Robin Ganahl City Council February 6, 2018 Meeting Minutes Page 2 of 13 CONSENT CALENDAR ITEMS 1-10 It was moved by Councilmember Puckett and seconded by Councilmember Bernstein to pull Item No. 4 and move 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 JANUARY 16, 2018. Motion: That the City Council approve the Action Minutes of.the Regular Meeting of the City Council held on January 16, 2018. 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 $702,394.24; and Demands in the amount of $4,583,507.48. 4. CITY OF TUSTIN COMMUNITY DEVELOPMENT 2017 YEAR IN REVIEW Throughout the year, staff provides the City Council with a status of projects that the Planning Commission, Zoning Administrator, or Community Development Director approved; major improvement projects; and other items of interest. The Community Development Department's 2017 Year in Review summarizes the Community Development Department's activities throughout 2017 including discretionary permits processed and approved (i.e. Conditional Use Permits, Design Reviews, Subdivision Maps, etc.), major accomplishments for various functional areas within the Department, Code Enforcement activities, and Building Division activities. City Council February 6, 2018 Meeting Minutes Page 3 of 13 Director of Community Development Elizabeth Binsack provided a PowerPoint presentation. It was moved by Councilmember Bernstein and seconded by Councilmember Clark to receive and file the report. Motion carried: 4-0 5. ADOPT RESOLUTION NO. 18-03 DESIGNATING THE CITY'S AUTHORIZED AGENTS FOR STATE AND FEDERAL DISASTER ASSISTANCE APPLICATIONS The California Office of Emergency Services (CalOES) and the Federal Emergency Management Agency (FEMA) requires a current City resolution on file to process state and federal disaster assistance claims. Motion: That the City Council Adopt Resolution No. 18-03 designating the City Manager, the Finance Director and the Public Works Director as the City's authorized agents for state and federal disaster assistance applications. RESOLUTION 18-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DESIGNATING THE CITY'S AUTHORIZED AGENTS FOR STATE AND FEDERAL DISASTER ASSISTANCE APPLICATIONS J 6. DATA 911 MOBILE DATA COMPUTER DONATION TO SIGNAL HILL PD The Police Department recently replaced outdated Data 911 Mobile Data Computers from all of our police vehicles. The devices have no monetary value as they are at the end of their lifecycle, and are no longer supported by the manufacturer. The City of Signal Hill Police Department has requested use of our old Data 911 computers to use as parts for their current system. Motion That the City Council authorize the transfer of surplus Data 911 equipment to the City of Signal Hill Police Department. 7. SECOND AMENDMENT TO THE REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR COVENTRY COURT The Tustin Housing Authority ("Authority") is seeking authorization for an amendment to the Regulatory Agreement and Declaration of Restrictive Covenants for Coventry Court. Motion: City Council February 6, 2018 Meeting Minutes Page 4 of 13 1. That the City Council approve and authorize the City Manager, or his designee, to execute the Second Amendment to the Regulatory Agreement and Declaration of Restrictive Covenants; and 2. The Tustin Housing Authority Commission approve and authorize the Executive Director, or his designee, to execute the Second Amendment to the Regulatory Agreement and Declaration of Restrictive Covenants. 8. AWARD CONTRACT FOR THE PETERS CANYON CHANNEL IMPROVEMENTS CONSTRUCTION PROJECT, CIP NO. 50040 Staff is recommending that the City Council award the construction contract for the Peters Canyon Channel Improvements Construction Project, CIP No. 50040 to the lowest responsive/responsible bidder, KEC Engineering. Motion: That the City Council award the construction contract for the Peters Canyon Channel Improvements Construction Project, CIP No. 50040 to the lowest responsive/responsible bidder, KEC Engineering, in the amount of $12,843,929.90 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. The engineer's estimate was $16,100,000.00. 9. ADOPT RESOLUTION NO. 18-07 TO ACCEPT IMPROVEMENTS FOR THE DETENTION BASIN LANDSCAPING AND WATER QUALITY INSTALLATION (CIP NO. 50038) AND TUSTIN LEGACY LINEAR PARK IMPROVEMENTS (CIP NO. 20077) SEGMENT 1 AND 2 CONSTRUCTION PROJECT AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Detention Basin Landscaping and Water Quality Installation (CIP No. 50038) and Tustin Legacy Linear Park Improvements (CIP No. 20077) Segment 1 and 2 Construction Project has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Motion: That the City Council: Adopt Resolution No. 18-07 accepting the construction of the Detention Basin Landscaping and Water Quality Installation (CIP No. 50038) and Tustin Legacy Linear Park Improvements (CIP No. 20077) Segment 1 and 2 Construction Project; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 18-07 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 City Council February 6, 2018 Meeting Minutes Page 5 of 13 THE DETENTION BASIN LANDSCAPING AND WATER QUALITY r INSTALLATION (CIP NO. 50038) AND TUSTIN LEGACY LINEAR PARK IMPROVEMENTS (CIP NO. 20077) SEGMENT 1 AND 2 CONSTRUCTION PROJECT 10. ADOPT RESOLUTION NO. 18-08 TO ACCEPT IMPROVEMENTS FOR THE FY 2016-17 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP 70016) Construction of the Fiscal Year (FY) 2016-17 Roadway Rehabilitation and Sidewalk Repair Project (CIP 70016) has been completed to the satisfaction of the City Engineer and the project is now ready for City Council acceptance. Motion: That the City Council: 1. Adopt Resolution No. 18-08 accepting the construction of the FY 2016-17 Roadway Rehabilitation and Sidewalk Repair Project (CIP 70016); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 18-08 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 FY 2016-17 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP 70016) REGULAR BUSINESS ITEMS 11-13 11. AUTHORIZATION TO SELL THE CITY OF TUSTIN-OWNED HOME AT 1345 SUN DIAL DRIVE The Tustin Housing Authority is seeking authorization to sell 1345 Sun Dial Drive to An Truong and Vangie Tran. It was moved by Councilmember Puckett and seconded by Councilmember Bernstein to: As the Tustin Housing Authority Commission: 1. Approve the sale of the City of Tustin -owned home at 1345 Sun Dial Drive, located in the Tustin Field II development; and City Council February 6, 2018 Meeting Minutes Page 6 of 13 2. Recommend the City Council take the necessary steps to authorize the transaction. As the City Council: 1. Approve the California Residential Purchase Agreement and Joint Escrow Instructions ("Purchase Agreement") for the sale of the City -owned home at 1345 Sun Dial Drive, located in the Tustin Field II development; and 2. Authorize the City Manager to negotiate terms as deemed necessary by the City Manager to conclude the transaction; and 3. Authorize the City Manager to execute alJ transaction documents, including the Purchase Agreement. Motion carried: 4-0 12. DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WITH CALATLANTIC GROUP, INC., FOR DISPOSITION PACKAGE 6B (LOT 19) AT TUSTIN LEGACY Request for authorization to approve the DDA between CalAtlantic Group, Inc. (Developer) and the City for the development of the Levity for -sale residential community consisting of 218 homes on approximately 14.5 net acres. The DDA specifies the terms and conditions under which the City owned property, known as Disposition Package 6B (Lot 19), will be conveyed and developed by CalAtlantic Group, Inc. The purpose of the DDA is to implement the Reuse Plan for MCAS Tustin and the Specific Plan for Tustin Legacy through the development and maintenance of the property. Mayor Pro Tem Gomez requested an update regarding her concerns from the January 16, 2018 meeting. City Manager Jeffrey C. Parker addressed discussions relating to the formation of the HOA, enforcement of the HOA's regulations and parking. It was moved by Councilmember Puckett and seconded by Councilmember Clark to authorize the City Manager to execute the DDA between the Developer and the City subject to non -substantive modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney. Motion carried: 4-0 13. SECOND READING AND ADOPTION OF ORDINANCE NO. 1489 Ordinance No. 1489 amends the Tustin City Code by approving Development Agreement 2017-001 to facilitate the development and conveyance of an City Council February 6, 2018 Meeting Minutes Page 7 of 13 approximate 20 -acre site within the boundaries of the Tustin Legacy Specific Plan. It was moved by Councilmember Bernstein and seconded by Councilmember Puckett to have second reading by title only and adoption of Ordinance No. 1489. Motion carried: 4-0 ORDINANCE NO. 1489 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2017-001 BETWEEN THE CITY OF TUSTIN AND THE CALATLANTIC INC. TO FACILITATE THE DEVELOPMENT OF 218 HOMES WITHIN NEIGHBORHOOD G OF THE MCAS TUSTIN SPECIFIC PLAN OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY City Attorney David E. Kendiq Wished City Manager, Jeffrey C. Parker a Happy Birthday. COUNCILMEMBER COMMENTS AND REPORTS Councilmember Bernstein January 18 Attended the Environmental Quality Policy Committee in Sacramento; several key issues were discussed including Senate Bill (SB) 623, SB1383, the Governor's budget, Housing, Land Use and Public Safety. January 19 Attended the Southern California Water Committee Board meeting; Dr. Jerry Meral, former Co -Chair of the Water Resources Control Board, presented on possibly putting a new water bond on the ballot; suggested for everyone to visit the California Water Fix website at www.californiawaterfix.com. January 20 Attended the Mayor's Wildfire Preparedness Town Hall Meeting; hosted by Mayor Al Murray; thanked the Orange County Fire Authority (OCFA) and all involved; was a very informative forum. January 21 Attended the Orange County Rescue Mission Veterans Outpost Graduation Ceremony and Dinner. January 23 Attended the State of the County; presentation was delivered by Chairman of the Orange City Council February 6, 2018 Meeting Minutes Page 8 of 13 County Board of Supervisors, Andrew Do; was a very optimistic presentation; homelessness issue and economic development was addressed by Supervisor Do. January 24 Attended the Orange County Sanitation District Board meeting; announced on February 16th the Orange County Sanitation District will be hosting their Winterfest from 3:30 p.m. - 6:30 p.m.; for more information, visit the Orange County Sanitation District website. January 25 o Attended the Association of California Cities of Orange County (ACCOC) Legislative and Regulatory Committee meeting; discussed Assembly Bill (AB) 109, Prop 47 and Prop 57; encouraged everyone to visit www.keepcaliforniasafe.org to get more information on AB 109, Prop 47 and Prop 57. o Attended the Tustin Mayor's Inaugural Dinner; the evening was split up between three (3) different venues; first location was at the home of the Wasserman Family in Tustin Ranch, the second stop was at The Winery in Newport Beach, and the third stop was at the Black Marlin in Tustin. January 26 Attended the Metropolitan Water District trip to the Colorado River Aqueduct; encouraged everyone to visit the Metropolitan Water District and the Municipal Water District website to learn how water is imported into California from the State Water Project or the Colorado River Aqueduct; was an incredible trip. February 2 o Attended the Water Advisory Committee of Orange County (WACO) meeting; interesting presentation on Cybersecurity, given by Executive Director of University of California, Irvine Cybersecurity Policy & Research Institute, Bryan Cunningham, and Federal Bureau of Investigation (FBI) Agent, Fredrick Simon; encouraged everyone to visit the Water Advisory Committee of Orange County website to get more information on cybersecurity. o Attended the Tustin Police Department Awards Banquet and Dinner; congratulated all the staff who were nominated for an award as well as those who won an award; a great time was had by all. February 3 Attended the California League of Cities Board meeting. February 5 Attended the Orange County Sanitation District Legislative and Public Affairs Committee meeting. February 6 Had the opportunity to be introduced to the General Manager of the Metropolitan Water District, Jeff Kightlinger; discussed the Three -Pronged Water Management Approach. Congratulated the Philadelphia Eagles for winning Super Bowl LII. City Council February 6, 2018 Meeting Minutes Page 9 of 13 Councilmember Puckett Wished City Manager, Jeffrey C. Parker a Happy Birthday. January 17 Attended the Tustin Public School Foundation presentation by Marshall Tuck, candidate for State Superintendent of Public Instruction, at Tustin High School; very qualified candidate for the position; encouraged everyone to learn about his background. January 20 Attended the Mayor's Wildfire Preparedness Town Hall Meeting; thanked the Orange County Fire Authority (OCFA) and all involved; great job by Mayor Murray and the OCFA. January 21 Attended the Orange County Rescue Mission Veterans Outpost Graduation Ceremony and Dinner; very impressive ceremony. January 25 o Attended the Orange County Council of Governments (OCCOG) meeting. o Attended the Tustin Mayor's Inaugural Dinner; congratulated Mayor Murray on a great dinner. January 27 o Attended the Tustin Community Foundation, Paper Football Challenge Fundraiser; awarded $5,400.00 to the non-profit organizations that participated. o Attended the Ribbon Cutting Ceremony at All Coco in the Union Market at the District; all coconut products. January 31 Attended the Transportation Corridor Agencies (TCA) meeting. February 1 Attended the Southern California Association of Governments (SCAG) meeting at their new facility in Los Angeles; keynote speaker was the Mayor of Los Angeles, Eric Garcetti. February 2 Due to having surgery, was unable to attend the Tustin Police Department Awards Banquet and Dinner; heard it was a great event. February 3 Attended the Eagles Scout Court of Honor for Troop 235 at Red Hill Lutheran Church; three (3) young men, Andrew Immel, David Serret, and Richard Serret, received the award. February 4 Attended the Super Bowl Party at the Tustin Boys and Girls Club; congratulated the Philadelphia Eagles on their Super Bowl victory. City Council February 6, 2018 Meeting Minutes Page 10 of 13 February 6 Attended the Anaheim State of the City; congratulated Mayor of Anaheim, Tom Tait on his eighth State of the City Address. Wished everyone a Happy Valentine's Day. Councilmember Clark January 18 Attended the Orange County Mosquito and Vector Control District Board meeting. January 20 Participated in the Orange County Women's March in Santa Ana; 20,000 participants in the march. January 21 Keynote Speaker at the Orange County Women's Council Annual Membership Tea. January 23 Attended the Mayor's Wildfire Preparedness Town Hall Meeting; in attendance, was the second grade class from Heritage Elementary School. January 25 Attended the Tustin Mayor's Inaugural Dinner to benefit the Tustin Community Foundation; great attendance at the event. January 26 Was Guest Speaker at the California Apartment Associations meeting. January 27 o Was a referee at the Tustin Community Foundation, Paper Football Challenge Fundraiser; congratulated Operation Warm Wishes on winning the tournament, for the second year in a row; thanked Peter Brakke from Chick-fil-A, for bringing the idea to Tustin; has been a great success. o Was guest faculty member at University of Southern California (USC) African American Public Policy Institute. February 2 Attended the Tustin Police Department Awards Banquet and Dinner; great to see the Tustin Police Officers recognized for their hard work; great event. February 3 Participated in the 38th Annual Orange County Black History Parade in Anaheim. February 4 Attended the Super Bowl Party at the Tustin Boys and Girls Club; congratulated the City Council February 6, 2018 Meeting Minutes Page 11 of 13 Philadelphia Eagles on their Super Bowl victory. Announced on February 7, 2018, will be a speaker at the Relator's Broker meeting at Round Table Pizza. Mayor Pro Tem Gomez January 17 Attended the City of Tustin Event Sub -Committee meeting; discussed citywide special events such as the Tustin Street Fair and Chill Cook -Off, and Tustin Tiller Days; more will be forthcoming once the City works through some of the suggestions from the meeting. January 20 Participated in the Orange County Women's March in Santa Ana; wonderful to see women, men, and children support issues that matter to everyone. January 22 Attended the Senior Advisory Council Legislative meeting; Christine Chow, from the Orange County Strategic Plan for Aging was the guest speaker; she discussed the Coalition of Cities non -profits, Orange County Sanitation District (OCTA), University of California, Irvine (UCI); Cal Optima, and others who are addressing issues which affect seniors; she also discussed short and long term plans of many of the various sub -committees, many of them being ahead of schedule; she highlighted food security and health care issues as two of the top priorities among many others. January 24 Attended the City of Tustin Senior Center Needs Assessment Sub -Committee meeting; more will be forthcoming once the City works through some of the suggestions from the meeting. January 25 o Attended the Orange County Library Board meeting; several new members were introduced as assignments changed from the different cities, which happens every January; two (2) key issues were discussed: o Code of Conduct which is expected at all libraries and safety workshops for all staff; no changes to the code were made, however the information was brought forth due to some of the new members not understanding what happens at the libraries. o Approved the 2018 meeting schedule; the Strategic Visioning Sub -Committee provided a brief update, and the revised fee schedule was approved; new officers were elected; announced she will be serving Chair of the committee for the upcoming year. o Attended the Tustin Mayor's Inaugural Dinner Event for cocktails at the home of the Wasserman Family in Tustin Ranch and then later on in the evening at the Black Marlin in Tustin for dessert; thanked the Wasserman's, the Black Marlin, the Tustin Community Foundation, all the sponsors, and the chairs of the various events. City Council February 6, 2018 Meeting Minutes Page 12 of 13 January 27 Attended the Schools Choice Fair at the Main Place Mall. February 1 Attended the Tustin Area Senior Advisory Board meeting; some of the findings and strategies for improvement were shared with the Advisory Committee; SeniorSery served approximately 1,100 meals in January; Seniors also have the ability to get assistance with their taxes every Thursday from 8:00 a.m.-11:00 a.m., until Tax Day; contact the Tustin Senior Center to get an appointment. Announced the Sweetheart Luncheon will be on Thursday, February 8, 2018 at 12:00 Noon. Announced the Sweetheart Ball will be on Wednesday, February 14, 2018 at 7:30 p.m. Announced Casino Night will be on Friday, March 23, 2018 at 7:00 p.m. February 2 Attended the Tustin Police Department Awards Banquet and Dinner; great to see the Tustin Police Officers recognized for their hard work; one of the favorite events of the year; great event; great to see the Tustin Officers recognized for the great work they do in keeping the Tustin a safe place. Announced will be attending the Buena Park State of the City on Wednesday, February 7, 2018; good to get out and see what other cities are doing. Requested the Community Development Year in Review report to be posted on the City of Tustin website; great for the community to see what is going on in the upcoming year. Wished City Manager, Jeffrey C. Parker a Happy Birthday. ADJOURNED at 7:54 p.m. The next meeting is scheduled on Tuesday, February 20, 2018 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. ----#jjV-I' ERIC N. RABE, City Clerk City Council February 6, 2018 Meeting Minutes Page 13 of 13