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Home My WebLink AboutCC MINUTES 12-17-19CITY OF TUSTIN REGULAR DECEMBER 17, 2019 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Letitia Clark, Mayor Pro Tem Matthew S. West, City Manager/ Charles E. Puckett, Council Member Dr. Allan Bernstein, Mayor Acting City Treasurer Barry W. Cooper, Council Member Erica N. Yasuda, City Clerk Austin Lumbard, Council Member David E. Kendig, City Attorney MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2466 at 5:31 p.m. ROLL CALL — City Clerk Present: Mayor Pro Tem Clark and Council Members Barry W. Cooper and Austin Lumbard Absent: Mayor Dr. Allan Bernstein and Council Member Puckett City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager 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): (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 § City Council December 17, 2019 Meeting Minutes Page 1 of 9 54956.81: (2 cases) A. Property Address/Description 430-271-81 portions of 430-271-78, 80, 82, 84, 92, 93, and portions of 430-371-41, 42, 43, 44, 45, 46, 48, 51, 54, 73, 74, 76, 77 Agency City of Tustin City Negotiators Matthew S. West, City Manager & John Buchanan, Director of Economic Development Negotiating Parties Brookfield Homes Southern California, LLC. Under Negotiation Price and Terms of Payment B. Property Address/Description Lease of Portions of 430-391-19, 20, 29, 30, 32, 42, 43, 44, 45, 46, 47, 50, 66, 67, 68, 69, 72 Agency City of Tustin City Negotiators Matthew S. West, City Manager & John A. Buchanan, Director of Economic Development Negotiating Parties Nicholas Prescott, Transaction Manager; Amazon.com Services, Inc. Under Negotiation Price and Terms of Payment Recessed to Closed Session at 5:32 p.m. Council Member Puckett arrived at 5:32 pm. MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER - Meeting #2466 at 7:00 p.m. INVOCATION - Pastor Dane Counts, King's Way Church PLEDGE OF ALLEGIANCE - Council Member Puckett PRESENTATIONS - Mayor Pro Tem Clark presented a Proclamation to Emergency Management Coordinator Joe Meyers in recognition of his years of service and retirement. City Council December 17, 2019 Meeting Minutes Page 2 of 9 Mayor Pro Tem Clark presented a Proclamation to Sergeant Michael Lamoureux in recognition of his years of service and retirement. Tustin Chamber of Commerce Representative Lindburgh McPherson presented proceeds from the Food and Wine Festival to the City Council. The City Council presented a plaque to Charles E. Puckett in recognition of his service as the 2019 Mayor. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. Council Member Cooper notified me that his company has a financial interest in a contract with Amazon, so he recused himself from the discussion of Closed Session Item 3B and left the room. Other than that, there was no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — 1. Sean Bradley 2. Dave Doe CONSENT CALENDAR ITEMS 1-9 - It was moved by Council Member Puckett and seconded by Council Member Lumbard to approve the Consent Calendar 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 — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON DECEMBER 3, 2019. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on December 3, 2019. 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 December 17, 2019 Meeting Minutes Page 3 of 9 Motion: It is recommended that the City Council approve Payroll in the amounts of $879,049.75; and Demands in the amount of $5,700,457.05. 4. 2020 LOCAL APPOINTMENTS LIST Prior to December 31St of each year, the Maddy Act requires municipal agencies to prepare and post a listing of all Commission/Committee vacancies for the upcoming year. Motion: Approve the 2020 Local Appointments List for the Planning Commission, Community Services Commission, Audit Commission, Building Board of Appeals and Public Art Committee and post notice as required by law. 5. ADOPT RESOLUTION NO. 19-64 TO ACCEPT IMPROVEMENTS FOR THE TUSTIN LEGACY LINEAR PARK SEGMENTS 3 & 4 IMPROVEMENTS (CIP NO. 20077) CONSTRUCTION PROJECT AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Tustin Legacy Linear Park Segments 3 & 4 Improvements (CIP No. 20077) Construction Project, has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Motion: It is recommended that the City Council take the following actions: Adopt Resolution No. 19-64 accepting the construction of the Tustin Legacy Linear Park Segments 3 & 4 Improvements (CIP No. 20077) 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. 19-64 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 TUSTIN LEGACY LINEAR PARK SEGMENTS 3 & 4 IMPROVEMENTS (CIP 20077) 6. AWARD CONTRACT FOR THE TUSTIN LEGACY - VALENCIA AVENUE AND TUSTIN RANCH ROAD PROJECT PARKWAY LANDSCAPING IMPROVEMENTS (CIP NO. 70247) Staff is recommending that the City Council award the construction contract for the Tustin Legacy - Valencia Avenue and Tustin Ranch Road Parkway Landscaping Improvements Project (CIP No. 70247) to the lowest responsive/responsible bidder, Marina Landscape, Inc. Motion: It is recommended that the City Council award the construction contract for City Council December 17, 2019 Meeting Minutes Page 4 of 9 the Tustin Legacy - Valencia Avenue and Tustin Ranch Road Parkway Landscaping Improvements Project (CIP No. 70247) to the lowest responsive/responsible bidder, Marina Landscape, Inc. in the amount of $878,900.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 7. NOTICE OF COMPLETION FOR THE POLICE DEPARTMENT EVIDENCE ROOM HVAC PROJECT CIP NO. 10032 Construction for the Police Department Evidence Room HVAC Project (CIP No. 10032) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Motion: It is recommended that the City Council: 1. Adopt Resolution No. 19-61 accepting the Police Department Evidence Room HVAC Project (CIP No. 10032); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 19-61 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 POLICE DEPARTMENT EVIDENCE ROOM HVAC PROJECT (CIP 10032) 8. APPROVE AMENDMENT NO.3 TO AN AGREEMENT FOR TREE MAINTENANCE SERVICES BETWEEN THE CITY OF TUSTIN AND WEST COAST ARBORISTS, INC. Staff recommends that the City Council approve a Contract Amendment to the Urban Forestry Management Contract with West Coast Arborists, Inc. (WCA). The Amendment includes an increase of 4% to adjust for increased cost for insurance with a five-year term that will be priced in accordance with any increase in the CPI for each of those years. Motion: It is recommended that the City Council: Approve Contract Amendment No. 3 with West Coast Arborists, Inc. to adjust the fee schedule and authorize the Mayor to execute the Contract Amendment, subject to the City Attorney's approval; and 2. Approve additional appropriations of $187,000 from the Gas Tax Fund (Fund 130), $40,000 from the Park Development Fund (Fund 131), and $3,000 from the General Fund (Fund 100). 9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1504 City Council December 17, 2019 Meeting Minutes Page 5 of 9 Adoption of Ordinance No. 1504 approves Development Agreement 2019-00001 between the City of Tustin and the Brookfield residential to facilitate the development of 400 homes within Neighborhood D of the Tustin Legacy Specific Plan. Motion: That the City Council have second reading by title only and adoption of Ordinance No. 1504. ORDINANCE NO. 1504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2019-00001 BETWEEN THE CITY OF TUSTIN AND THE BROOKFIELD RESIDENTIAL TO FACILITATE THE DEVELOPMENT OF 400 HOMES WITHIN NEIGHBORHOOD D OF THE TUSTIN LEGACY SPECIFIC PLAN REGULAR BUSINESS ITEMS 10 - 11 10. DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WITH BROOKFIELD HOMES SOUTHERN CALIFORNIA LLC, FOR DISPOSITION PACKAGE 2C AND 8 AT TUSTIN LEGACY Request for authorization to approve the Disposition and Development Agreement (DDA) between Brookfield Homes Southern California LLC (Brookfield) and the City of Tustin (City) for the development of a for -sale residential community consisting of 400 homes on approximately 25.4 net acres. The DDA specifies the terms and conditions under which the City owned property, known as Disposition Packages 2C and 8, will be conveyed and developed by Brookfield. 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. It was moved by Council Member Puckett and seconded by Council Member Lumbard to authorize the City Manager to execute the DDA between Brookfield and the City subject to any 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 11. 2020 MAYORAL APPOINTMENTS TO COMMITTEES Annually, following selection of the Mayor, the Mayor appoints those members of the City Council who will serve on various City and Regional committees. It was moved by Council Member Puckett and seconded by Council Member Lumbard to: 1. Confirm the attached appointments as recommended by the Mayor; and City Council December 17, 2019 Meeting Minutes Page 6 of 9 2. Adopt FPPC Form 806: Agency Report of Public Official Appointments and direct staff to post on the City's website. Motion carried: 4-0 OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY City Manager Matthew S. West Announced there is a list frequently asked questions regarding the Costco gasoline station in Tustin Ranch on the City's website: www.tustinca.org/Faq; invited the public to visit the website for information. Updated the public on the homicide which occurred on Prospect Avenue and Norwood Park Place on December 9, 2019; Tustin Police Department (TPD) has been investigating this incident non-stop since it has occurred; TPD are using various resources and working diligently to identify the subject and/or suspects; the investigation will continue until the subject is identified and apprehended; if the public has any information to please contact the Tustin Police Department Crime Tip Line at (714) 426-2400; callers can remain anonymous. City Attorney David E. Kendig Wished everyone Happy Holidays. COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper December 4 Attended the Manufacture Housing Education Trust Luncheon in Costa Mesa; will donate a $1,250 gift certificate, which was won during the raffle, to the American Legion Post 227. December 14 Attended the Families Together Toy Drive event; very organized and amazing event. December 17 Attended the A.G. Currie Middle School Entrepreneurship Forum for Mr. Zach Samarin's class; is an amazing program; was honored to attend. Council Member Lumbard Thanked Mayor Pro Tem Clark on chairing a great meeting; thoughts are with Mayor — Bernstein, hoped he feels better soon; wished everyone Merry Christmas and Happy Holidays; thanked staff for a wonderful 2019 year. City Council December 17, 2019 Meeting Minutes Page 7 of 9 Council Member Puckett Thanked Mayor Pro Tem Clark on chairing a great meeting. Attended four (4) Transportation Corridor Agencies meetings in the past month. November 21 o Attended the Tustin Community Foundation Mayor's Thanksgiving Breakfast at the Tustin Salvation Army; thanked the Tustin Community Foundation for a great event. o Attended the Orange County Council of Governments meeting. December 4 Attended the Manufacture Housing Education Trust Luncheon in Costa Mesa; has attended the event for twenty years; will donate a $1,000 gift certificate, which was won during the raffle, to the Miss Tustin Scholarship Association. December 5 Attended the Southern California Association of Governments, 10th Annual Economic Summit in Los Angeles. December 6 Attended the Tustin Christmas Tree Lighting Ceremony; great event and wonderful attendance. December 9 Attended the Veterans Outpost Christmas Party. December 10 Dressed as Santa Claus in the Police Department's Santa Sleigh Program, along with Mrs. Puckett as Mrs. Claus; had a wonderful time. December 11 Attended Tustin Chamber of Commerce Luncheon; dressed as Santa Claus at the event, along with Mrs. Puckett as Mrs. Claus. December 15 Attended the 90th Birthday Celebration for Margaret Pottenger, was held at the Tustin Area Museum; great to be there and very well attended. Wished Mayor Bernstein a quick recovery. Wished everyone a Merry Christmas and a Happy New Year. Mayor Pro Tem Clark Extended well wishes to Mayor Bernstein. City Council December 17, 2019 Meeting Minutes Page 8 of 9 Thanked colleges for their assistance with the City Council meeting. December F Attended the Tustin Christmas Tree Lighting Ceremony; congratulated Acting Director of Parks and Recreation, Chad Clanton and his team on a great event; really enjoyed the international theme of the event. December 14 Attended the Families Together Toy Drive event; very organized and amazing event; get's better every year; Families Together expanded their audience this past year, was a hit. December 17 Served on the panel for the A.G. Currie Middle School Entrepreneurship Forum; thanked Deputy Director of Economic Development, Jerry Craig and Executive Coordinator, Regina Blankenhorn for organizing the event. Congratulated Council Members Lumbard and Cooper on the completion of their first year on the City Council. Wished everyone Happy Holidays. ADJOURNED at 7:43 p.m. The next meeting is scheduled on Tuesday, January 21, 2020 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. DR. ALLA BERNSTEIN, Mayor City Council Meeting Minutes IiAi-44- EltCA N. Y UDA, City Clerk December 17, 2019 Page 9 of 9