Property defined within the Master Developer footprint at Tustin Legacy the former Marine Corps Air Station

Transcription

1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN CALIFORNIA APRIL CALLED TO ORDER MEETING AT PM ATTENDANCE Present Mayor Jerry Amante Mayor Pro Tem Doug Davert and Councilmembers Lou Bone Tony Kawashima and Jim Palmer Absent None City Clerk Maria Huizar Chief Deputy City Clerk Others Present William A Huston City Manager and Doug Holland City Attorney PUBLIC INPUT None CLOSED SESSION ITEMS A CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section Property Property defined within the Master Developer footprint at Tustin Legacy the former Marine Corps Air Station Tustin including Reuse Plan Disposal Parcels portions of Reuse Plan Disposal Parcel City Negotiators Christine Shingleton Assistant City Manager Negotiators for TLCP Simon Whitmey representative for Tustin Legacy Community Partners TLCP Under Negotiation Terms and Conditions of Payment and B CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section Property Property identified as the Pacific Center East Former AAE site as legally described in the RFP issued by the Agency a copy of which is on file with the City Clerk s office Negotiators Christine Shingleton Assistant City Manager and Under Negotiation Opus West Terms and Conditions of Sale

2 C CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION pursuant to Government Code Section a SEMA Construction Inc v City of Tustin OCSD No D CONFERENCE WITH LEGAL COUNSEL EXPOSURE TO LITIGATION pursuant to Government Code SectionbE One case E CONFERENCE WITH LEGAL COUNSEL POSSIBLE INITIATION OF LITIGATION pursuant to Government Code Section c Two Cases RECESSED At pm City Council recessed to closed session to discuss matters listed under Closed Session RECONVENED At pm City Council reconvened in public members present session with all PUBLIC MEETING CALLED TO ORDER MEETING AT PM INVOCATION Father John Block Saint Cecilia s Church PLEDGE OF ALLEGIANCE AND NATIONAL ANTHEM All American Chorus ROLL CALL Present Absent City Clerk Others Present Mayor Jerry Amante Mayor Pro Tem Doug Davert Councilmembers Lou Bone Tony Kawashima and Jim Palmer None Pamela Stoker William A Huston Assistant City Manager and Doug Holland City Attorney CLOSED SESSION REPORT Council unanimously approved partial settlement with SEMA Construction Inc and commencement of Code Enforcement Civil matter PRESENTATIONS Proclamation presented by Mayor Amante to Shelley Burnett teacher at Tustin Community Preschool for being awarded the Teacher of the Year by the California County of Parent Participation Nursery Schools

3 Certificate of Recognition presented by Mayor Amante for National Public Safety Telecommunicators Appreciation Week PUBLIC HEARING ITEM PUBLIC HEARING FISCAL YEAR COMMUNITY DEVELOPMENT BLOCK GRANT CDBG FUNDING ALLOCATION FISCAL YEAR ACTION PLAN The Community Development Department is proposing Federal Department of Housing and Urban Development HUD a FY to submit to the Action Plan which describes the activities that the City will undertake during the program year The Action Plan includes the program budget for disbursement of Community Development Block Grant CDBG funds The Tustin Community Foundation acting as the City s Citizen Participation Committee conducted a public hearing on February and recommended that the City Council approve the proposed public service project funding allocation for Fiscal Years Staff report presented by Community Development Director Elizabeth Binsack and Public hearing opened at pm Bob Stiens spoke on behalf of the Tustin Community Foundation and Margie Wakeham of Families Forward presented Annual Report Hearing closed at pm Council discussion ensued Mayor Pro Tem Davert inquired about funding history for organizations appeared there were several smaller amounts rather than large impact allocations Councilmember Bone agreed past funding was maintained at difficult decision as funds are needed everywhere but available funds continue to decrease Mayor Amante also agreed never sufficient money in public allocation funding complicated with a reduced funding pot requested funding history for future reviews Motion It was moved by Councilmember Palmer seconded by Mayor Amante to keep integrity of program as proposed by Bone with minimum grant funding at reduction for graffiti removal to bring others to

4 Mayor Pro Tem Davert would like to restore funding to those programs received historically and make bigger impact Mayor Amante said Councilmember Palmer s suggestion moving in right direction Council could suggest minimum Mayor Pro Tem Davert wanted to take a more critical look at allocations asked for cut offdate Community Development Director Binsack Final action not needed tonight but in mid May Councilmember Bone felt that those serving on committee this year had no insight of what had happened in past years would rather see it come back Councilmember Palmer was ok with bringing item back but did not wish to insert himself with the work of the Foundation nor set it back only give suggested minimum levels Mayor Pro Tem Davert stated Council was not being inappropriate with suggestions only fine tuning would like to see item come back in weeks with history and options Substitute Motion It was moved by Mayor Amante seconded by Mayor Pro Tem Davert to return to council in weeks with recommendation on minimum funding correction on allocation for current budget including funding history Motion carried ORAL COMMUNICATION PUBLIC INPUT Rosalie Morris of CR informed the Council and residents about the on going trash bin exchange program CONSENT CALENDAR ITEMS Mayor Amante noted that staff requested the continuance of Agenda Item Items and were pulled for separate action It was moved by Councilmember Bone seconded by Councilmember Kawashima to approve Consent Calendar items as recommended by staff Motion carried APPROVAL OF MINUTES REGULAR MEETING OF APRIL Motion Approve the Regular Minutes of APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion Approve and Payroll demands in the amounts of and in the amount of Y

5 QUARTERLY INVESTMENT REPORT Government Code Section 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 Receive and file AUTHORIZATION TO PURCHASE REMITTANCE PROCESSING SYSTEM Authorize City staff to purchase a remittance system for use by the Finance Department The remittance processing system electronically codifies and deposits checks The current RT Lawrence remittance processing system is ten its useful life years old and is beyond Motion Authorize the Finance Department to purchase the TS remittance system from Creditron in the amount of for the first year s maintenance which includes AWARD OF CONTRACT FOR CONSTRUCTION OF THE SYCAMORE AVENUE STORM DRAIN FROM SCHOOL LANE TO DEL AMO AVENUE CIP NO Bids for the Sycamore Avenue CIP No ready to be awarded Avenue Storm Drain from School Lane to Del Amo have been received and a construction contract is Motion Item continued at the request of staff CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE LANDSCAPE ASSESSMENT DISTRICT WITH SPECTRUMCARE LANDSCAPE IRRIGATION MANAGEMENT INC Approval of the second contract amendment with SpectrumCare Landscape Irrigation Management Inc will extend the agreement for landscape maintenance services for the Landscape and Lighting District for the period from July to June and will provide a price increase of Motion Approve the second amendment to the contract agreement between SpectrumCare Landscape Irrigation Management Inc and the City of Tustin for landscape maintenance services for the Landscape and Lighting District subject to City Attorney approval

6 CONTRACT AMENDMENT FOR CUSTODIAL SERVICES WITH DIAMOND CONTRACT SERVICES INC Approval of the second contract amendment with Diamond Contract Services Inc will extend the Agreement for custodial services for the period from July to June and provide an annual price increase of Motion Approve the second amendment to the contract agreement between Diamond Contract Services Inc and the City of Tustin for custodial services subject to City Attorney approval APPROVAL OF AGREEMENT REGARDING FUNDING OF STREET IMPROVEMENTS BY AND AMONG THE CITY OF IRVINE THE IRVINE COMPANY LLC AND THE CITY OF TUSTIN FOR CONSTRUCTION OF TUSTIN RANCH ROAD BETWEEN WALNUT AVENUE AND EDINGER AVENUE CIP NO The proposed Agreement by and among the City of Irvine The Irvine Company LLC and the City of Tustin outlines each agency s responsibilities for the construction of Tustin Ranch Road between Walnut Avenue and Edinger Avenue CIP No Joe Gehley Peppertree resident had concerns with design of sound wall City Manager Huston replied item was related to funding not design issues and staff would meet with homeowners in near future to discuss wall design Motion It was moved by Mayor Pro Tem Davert seconded by Councilmember Bone to approve the Agreement Regarding Funding of Street Improvements by and among the City of Irvine The Irvine Company and the City of Tustin for construction of Tustin Ranch Road between Walnut Avenue and Edinger Avenue CIP No and authorize the Mayor and City Clerk to execute the document on behalf of the City Motion carried APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE VALENCIA AVENUE ARMSTRONG AVENUE KENSINGTON PARK DRIVE AND LANSDOWNE ROAD PAVEMENT FINISH SURFACE CIP NO The plans and specifications for the Valencia Avenue Armstrong Avenue Kensington Park Drive and Lansdowne Road Pavement Finish Surface project CIP No have been prepared and the project is now ready to be bid A Notice of Exemption has been recorded with the County of Orange for this project since it is categorically exempt under California Environmental Quality Act CEQA requirements Motion Adopt resolution

7 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE VALENCIA AVENUE ARMSTRONG AVENUE KENSINGTON PARK DRIVE AND LANSDOWNE ROAD PAVEMENT FINISH SURFACE CIP NO AND AUTHORIZING ADVERTISEMENT FOR BIDS EMERGENCY REPAIR OF WELL NAT THE T STREET DESALTER Well No at thet Street Desalter recently experienced a mechanical failure Detailed inspection has determined that the well pump and motor need to be replaced It is critical that Well No be returned to service as quickly as possible to meet operational emergency and fire flow requirements within the City of Tustin water service area Resolution No ratifies the Public Works Department s decision to dispense with regular public works bidding requirements and pursue emergency repairs to Well No Motion a Adopt resolution required vote and RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA DECLARING THAT THE PUBLIC INTEREST AND NECESSITY DEMANDED THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO REPAIR WELL NO THE CITY OF TUSTIN th STREET DESALTER TO SAFEGUARD LIFE HEALTH AND PROPERTY AT b Authorize the for the replacement of a pump motor from the Water Division FY Operations Budget and well AWARD OF BID FOR THE TUSTIN AREA SENIOR CENTER KITCHEN RENOVATION PROJECT NO The bid opening for the Tustin Area Senior Center Kitchen renovation project was held on March The scope of work includes demolition kitchen equipment utilities electrical mechanical and plumbing repair to the existing structure and all appurtenant work as detailed in the plans and specifications Motion a Award the contract to Pacific Landmark International of Santa Ana California the lowest responsible and responsive bidder in the amount of and authorize the Mayor and the City Clerk to execute

8 the contract documents on behalf of the City and b Reject the bid of Joe s Sunrise Construction Inc of San Bernardino California as beingnon responsive POLICE DEPARTMENT SURPLUS FIREARMS INVENTORY The Police Department has phased out the caliber Glock and Beretta semi auto duty handguns and the retention of these weapons is not warranted based upon needs of the Agency and facility storage capabilities The current inventory includes sixteen Glock Model s and four Beretta Model handguns Sworn personnel have expressed a desire to purchase the weapons at the current market price established by our firearms supplier All sales and transfers would be completed in accordance with Department of Justice guidelines Motion Authorize the sale and transfer of ownership of twenty surplus handguns previously issued as duty weapons to qualified sworn personnel FY STATE HOMELAND SECURITY GRANT EMERGENCY PREPAREDNESS The County of Orange through the Sheriff Coroner Department is the lead agency for the Orange County Operational Area for Homeland Security Acting in that capacity they have applied for received and accepted a grant from the State of California Office of Homeland Security to enhance countywide emergency preparedness Terms of the grant require that certain funds property or equipment purchased with grant funds be transferred to jurisdictions within the operational area Councilmember Palmer requested information on acronyms on items being funded and programs being funded and information Police Chief Scott Jordan explained funding source Motion It was moved by Mayor Pro Tem Davert seconded by Councilmember Palmer to authorize transfer of the following equipment technology or services Replacement of Personal Protective Equipment Joint Hazard Assessment Team MIR I MAP OC EOC Upgrades Continual Training CERT and MMRS from the County of Orange to the City of Tustin and authorize the Chief of Police to sign any grant related paperwork on behalf of the City Motion carried CANINE SALES AGREEMENT NINO Police canine Nino has been medically retired due to internal medical and

9 foot issues In an effort to allow Nino an opportunity to remain in police service as a drug canine the City will be selling him to the Village Department located in the state of Illinois of Hume Police Motion Approve a Sales Agreement for Canine Nino between the City of Tustin and the Village of Hume Illinois and release any and all responsibility and liability for said canine to the Village of Hume POLICE DEPARTMENT SALE OF SURPLUS POLICE EQUIPMENT Sell surplus Tustin Police vehicles to the Allan Hancock College Public Safety Department Sale price is fair market value based on year mileage and maintenance The Ford Expedition will be sold as is Motion Authorize the sale of one surplus Ford Crown Victoria patrol unit and one Ford Expedition police services vehicle to Allan Hancock Community College in the amount of and respectively EXCLUSIVE AGREEMENT TO NEGOTIATE WITH OPUS WEST CORPORATION ON PACIFIC CENTER EAST FORMER AAE SITE Responses to a Request for Proposal RFP for the disposition and development of the Tustin Pacific Center East Former AAE site have been evaluated and it is recommended that the City and Redevelopment Agency enter into an Exclusive Agreement to Negotiate with Opus West Corporation on the subject site Motion Subject to non substantial modifications as may be determined necessary by the City Attorney or the City Manager prior to execution approve and authorize the City Manager and Agency Executive Director or designee to execute an Exclusive Agreement to Negotiate ENA between the City of Tustin Tustin Community Redevelopment Agency and Opus West Corporation and to carry out all actions necessary to negotiate a Disposition and Development Agreement DDA REGULAR BUSINESS ITEMS ORDINANCE NO LOGO AND SEAL SECOND READING OF ORDINANCE REVISING CITY The proposed ordinance will revise the City Logo and Seal as recently approved by the City Council Motion It was moved by Mayor Pro Tem Davert seconded by Councilmember Kawashima to have second reading by title only and adoption of Ordinance No roll call vote

10 ORDINANCE NO AN ORDINANCE OF THE CITY OF TUSTIN CALIFORNIA AMENDING PART TO CHAPTER ARTICLE OF THE TUSTIN CITY CODE REGARDING THE CITY SEAL AND LOGO Motion carried NUMBER SKIPPED ORANGE COUNTY ANIMAL CARE SERVICE BARKING DOG PROGRAM Pursuant to Chapter of Title of the Tustin Municipal Code the City has adopted portions of the County of Orange animal control regulations by reference In July of the City Council adopted Ordinance No amending Chapter of Title to clean up out dated and incorrect references Ordinance No did not however incorporate by reference the County sbarking Dog Ordinance which had been adopted by the County in November The City Council determined that additional time to review the success of the County s Barking Dog program was needed and directed staff to return after six months with additional data so that the Council could review and reconsider adoption of the County sbarking Dog Ordinance Additional information regarding the Barking Dog program is now available for the Council sconsideration If so desired a public hearing must be held to adopt the barking dog provisions of the County Code and revise Chapter of Title of the Tustin Municipal Code Presentation by Orange County Animal Care Services Director Jennifer Phillips Current Nuisance Complaint Process Misdemeanor process Animal Care Services has passive role step compliant process o First compliant wait days o Second complaint wait days o Third complaint issue Notice to Abate o Notice to Abate gives dog owner another days days of evidence signatures Submission to District Attorney s Office year for resolution Up to Barking Dog Program Why was new program developed o Over barking dog complaints are filed annually o Consistent feedback from both dog owners and complainants that o current process is not effective Citizens expect OCACS to be more involved o Chronic barking dog problems are difficult to resolve through

11 K o current process o Current process is inordinately long and arduous Citizens are often not comfortable talking with their neighbors want a third party involved Focus on expediency fairness and resolution Animal Care Services has active role Defines Barking Dog minutes consecutive minutes of intermittent o NOT if a person is trespassing or dog is being teased or provoked Brings Parties together to resolve conflict Promotes dog s healthy happiness o First Complaint ACO visits dog owner and offers assistance to resolve barking o Second Complaint days Complainant signs Affidavit Officers issues citation o Administrative Hearing with days Neutral d party appointed by CEO Both parties must attend Serves as mediation o First months of programs Complaints filed Citations issued Guilty Dismissed Appealed Adopted by Board of Supervisors in November OCACS launched on June out of Cost of Program o cities adopted ordinance scheduled for hearing Tustin undecided at this time total cost additional staff Hearing Officer Operating costs o City of Tustin of overall services o o estimated cost for Tustin Billing on usage of program Julian Cangelosi spoke in opposition to ordinance opined that program flawed since Agency is successful in less than of cases Motion Bone to It was moved by Mayor Pro Tem Davert seconded by Councilmember a Introduce Ordinance No amending Part of Chapter of Title of the Tustin Municipal Code to adopt by reference the relevant provisions of

12 Division of Title and Divisions and of Title of the Codified Ordinances of the County of Orange relating to animal control including the barking dog provisions b Set a public hearing for May of Ordinance No and to have second reading and adoption c Instruct the City Clerk to notice the public hearing pursuant to law Motion carried Amante opposed Councilmember Palmer moved to reconsider the vote It was moved by Councilmember Palmer seconded by Mayor Amante to reconsider motion Motion carried Motion It was moved by Mayor Pro Tem Davert seconded by Councilmember Bone to introduce Ordinance No Clerk to notice the hearing Motion carried set a public hearing and instruct the City Amante and Palmer opposed SUMMARY OF PROPOSED PARKING REGULATION On October and March the City Council conducted public workshops to review the existing off street parking regulations arterial parking restrictions and the existing permit parking program and consider a series of implementation actions that would improve the quality of life within Tustin and increase the efficiency of the circulation system This report summarizes those actions and associated budget implications Presentation of staff report by Public Works Director Tim Serlet Council discussion ensued Mayor Amante asked about annual reoccurring costs Director Serlet responded those are personnel costs Mayor Pro Tem Davert commented on letter from Apartment Owners Association issue was not about abandoned vehicles but about blight circulation safety also no one individual has right to park on public street its a public right as a whole supports staff recommendations Councilmember Bone reiterated private streets are exempt staff should address issue of parking cars elsewhere on street sweeping days would like to sit on parking permit resolution committee and offer insight supports staff recommendations Councilmember Palmer concerned with recommendations e Items b and Mayor Amante asked if recommendation d would be codified but not enforced Director Binsack confirmed that owner would be responsible for enforcement

13 Also questioned the phasing and timing of new regulations Directors Serlet and Binsack indicated that item would come back to Council in June Councilmember Palmer does not support prohibiting overnight parking Motion It was moved by Mayor Pro Tem Davert seconded by Councilmember Bone to direct staff to a Prepare a comprehensive parking ordinance to consolidate parking standards establish design standards clarify existing on site restrictions and provide flexibility for Old Town parking b Prepare an ordinance resolution to prohibit all public street parking from amto amwithin the City limits c Prepare an ordinance resolution to prohibit public street parking within the hours that a public street is scheduled for sweeping d Prepare an ordinance resolution to prohibit on street parking on Irvine Boulevard between Prospect Avenue and Holt Avenue Newport Avenue from Sycamore Avenue to north of First Street Red Hill Avenue from Sycamore Avenue to Bryan Avenue e Prepare a permit parking program to address exceptions and exemptions to the nighttime parking ban am am and any spillover traffic from arterial parking restrictions f Request the County of Orange to restripe jurisdiction to lanes Irvine Boulevard within their Motion carried Palmer opposed LEGISLATIVE REPORTS Councilmember Bone requested that staff review the following Bills ABDesign Build for Cities ABTaxing of Roads infrastructure SB Contract Retention Amount SBLand use issues AB Billion Bond Issue HR Flood Insurance for areas protected by dams levys Mayor Amante stated that staff withdrew support letters for two Devore Bills because they died in committee and AB Walters on Voting ID also died in committee

14 OTHER BUSINESS COMMITTEE REPORTS Councilmember Bone Metrolink report daily passenger count has been increasing possibly to passengers per day by State League of Cities report Transportation Communication Committee City might lose Proposition have no repayment agreement and could also be lost Public Works Policy B funds if application not made soon Gas taxes State budget revenues up and expenses up budget expected in September Southern California Association of Government report RTP moved to regional council Orange line removed Mayor Amante commented on presentation by Santa Ana GG on GoLocal Program requested presentation to Council at future meeting on multi modal Regional council meeting Lake Forest Councilmember Richard Dickson named President of SCAG Maglev Committee is years old to begin meeting on quarterly basis will include freeway cities north south of airport OC Board of Supervisors and San Diego Board of Supervisors and Water Advisory Committee of Orange County MWD Water Quality mgr reported effect of pharmaceuticals in water is insignificant water usage in Tustin is down applauded conservation efforts Rain to date is inches in Orange County Mayor Amante Thanked Tustin Chamber of Commerce for hosting d District OCTA Breakfast update was provided on programs and California Transportation Commission awarded Orange County million for grade crossing projects ADJOURNED pm The next regular meeting of the City Council is scheduled for Tuesday May at for Closed Session and pm for the Regular Business Meeting in the Council Chamber Centennial Way Tustin California PAMELA City Clerk STOKER Minutes Page of

15 MINUTES OF THE REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY TUSTIN CALIFORNIA APRIL CALL TO ORDER MEETING AT pm ATTENDANCE Present Chair Jerry Amante Chair Pro Tem Doug Davert Agency Members Lou Bone Tony Kawashima and Jim Palmer Absent Recording Secretary Others Present None Pamela Stoker William A Huston Executive Director and Douglas C Holland City Attorney PUBLIC INPUT None REGULAR BUSINESS ITEM It was moved by Agency Member Bone seconded by Agency Member Kawashima to approve items through as recommended by staff Motion carried APPROVAL OF MINUTES REGULAR MEETING OF APRIL Motion Approve the Redevelopment Agency Minutes of EXCLUSIVE AGREEMENT TO NEGOTIATE WITH OPUS WEST CORPORATION ON PACIFIC CENTER EAST FORMER AAE SITE Responses to a Request for Proposal RFP for the disposition and development of the Tustin Pacific Center East Former AAE site have been evaluated and it is recommended that the City and Redevelopment Agency enter into an Exclusive Agreement to Negotiate with Opus West Corporation on the subject site Motion Subject to non substantial modifications as may be determined necessary by the City Attorney or the City Manager prior to execution approve and authorize the City Manager and Agency Executive Director or designee to execute an Exclusive Agreement to Negotiate ENA between the City of Tustin Tustin Community Redevelopment Agency and Opus West Corporation and to carry out all actions necessary to negotiate a Disposition and Development DDA Community Redevelopment Agency Meeting

16 APPROVAL OF A CONSULTING SERVICES AGREEMENT WITH OVERLAND PACIFIC INC FOR PROPERTY MANAGEMENT SERVICES AT AND NEWPORT AVENUE Motion Authorize the Executive Director or his designee to execute a Consultant Services Agreement with Overland Pacific Inc for property management services for Agency owned properties located at and Newport Avenue ADJOURNED PM Next regular meeting is scheduled for Tuesday May at pm in the Council Chamber Centennial Way Tustin California JERRY AMANTE PAMELA STOKER Chair Recording Secretary Community Redevelopment Agency Meeting