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Home My WebLink About02 MINUTES 12-1-15CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL John Nielsen, Mayor Pro Tem Rebecca Gomez, Councilmember Al Murray, Councilmember Dr. Allan Bernstein, Councilmember • . Charles E. Puckett, Mayor Agenda Item 2 Reviewed: City Manager ENR Finance Director N/A DECEMBER 1, 2015 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Erica N. Rabe, City Clerk Pamela Arends-King, City Treasurer MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2380 at 5:35 p.m. ATTENDANCE Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tem John Nielsen and Councilmembers Rebecca "Beckie" Gomez, Al Murray and Dr. Allan Bernstein Absent: None City Clerk: Erica N. Rabe, City Clerk Others Present: David E. Kendig, City Attorney and Jeffrey C. Parker, City Manager PUBLIC INPUT — None 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 — INITIATION OF LITIGATION City Council December 1, 2015 Meeting Minutes Page 1 of 9 [Government Code § 54956.9(d4)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code § 54956.9(a)] — One Case A. Successor Agency to the Tustin Redevelopment Agency, et al. v. Michael Cohen: Case No. 34-2013-80001623CUWMGDS-1 Appellate Court Case No. C076836 RECESSED at 5:36 p.m. RECONVENED at 7:06 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL VE[1I111a►vi l CALL TO ORDER — Meeting #2380 at 7:06 p.m. INVOCATION - Reverend Dr. David Laughray, Saddleback Chapel PRESENTATION OF COLORS - Tustin Police Department Honor Guard PLEDGE OF ALLEGIANCE - Police Chief Charles F. Celano Jr. ROLL CALL — City Clerk Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tem John Nielsen and Councilmembers Rebecca "Beckie" Gomez, Al Murray and Dr. Allan Bernstein Absent: None City Clerk: Erica N. Rabe, City Clerk Others Present: David E. Kendig, City Attorney and Jeffrey C. Parker, City Manager CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no City Council December 1, 2015 Meeting Minutes Page 2 of 9 reportable action. ORAL COMMUNICATION/PUBLIC INPUT — None PRESENTATIONS — ❖ Mayor Puckett presented Certificates of Recognition to the 1St Annual Totally Tustin Food and Wine Festival committee members, sponsors and restaurants ❖ Mayor Puckett provided a PowerPoint presentation of his 2015 accomplishments CONSENT CALENDAR ITEMS 1-16 It was moved by Councilmember Murray and seconded by Councilmember Bernstein to approve the balance as recommended by staff. Motion carried: 5-0 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation: 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 17, 2015. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on November 17, 2015. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin and Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amount of $713,862.71 and Demands in the amount of $4,094,948.78. City Council December 1, 2015 Meeting Minutes Page 3 of 9 4. 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. Recommendation: That the City Council receive and file this item. 5. AUTHORIZE USE OF THE COUNTY OF ORANGE'S COOPERATIVE PURCHASING PROGRAM TO PURCHASE AND INSTALL WATER QUALITY DEVICES CIP 50036 Staff is requesting City Council authorization to use the County of Orange's Cooperative Purchasing Program to purchase and install water quality devices for Phase 4 of the Citywide Catch Basin BMP's Project CIP 50036, pursuant to Tustin City Code Section 1625c. Recommendation: That the City Council adopt Resolution No. 15-81 authorizing the City of Tustin to use the County of Orange's Cooperative Purchasing Program, consistent with the effective date of Ordinance No. 1438 and the amended Tustin City Code Section 1625c, to contract with United Storm Water, Inc. to purchase and install water quality devices at various locations throughout the City for Phase 4 of the Citywide Installation of Catch Basin BMP's Project CIP 50036. RESOLUTION NO. 15-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE USE OF THE COUNTY OF ORANGE'S COOPERATIVE PURCHASING PROGRAM TO PURCHASE AND INSTALL WATER QUALITY DEVICES FOR THE CITYWIDE CATCH BASIN BMP'S PROJECT CIP 50036 6. WATER CONSERVATION UPDATE - OCTOBER 2015 As a result of the drought, the City of Tustin is required to provide the State Water Resources Control Board with data that will be used to determine if the City is meeting the required 28% conservation target and the various methods being utilized to ensure compliance with the State's mandates. This report summarizes the information provided to the State for the month of October 2015 and provides the City Council and the public with general information on previous and upcoming actions taken by the City. Recommendation: That the City Council receive and file this report. City Council December 1, 2015 Meeting Minutes Page 4 of 9 REGULAR BUSINESS ITEMS 7-10 7. CODE AMENDMENT 2015-004 (ORDINANCE NO. 1465), WATER EFFICIENT LANDSCAPE ORDINANCE The project is a proposed amendment to the Tustin City Code that would provide new standards for water efficient landscapes in conformance with Governor Brown's Executive Order. In 1992, the State of California enacted the Water Conservation in Landscaping Act, (AB 325) requiring the adoption of water efficient landscape ordinances by cities and counties throughout the state. To meet this requirement, the City of Tustin adopted Ordinance No. 1099 on December 7, 1992. Since 1992, the State of California has adopted Assembly Bills (AB) 2717 and 1881 to further regulate and achieve greater landscape water use efficiency. On December 1, 2009, the City Council adopted Ordinance No. 1376 to comply with AB 1881. In 2015, Governor Brown issued Executive Order B-29-15, which requires additional water use efficiency as a result of the ongoing severe drought conditions in California. It was moved by Councilmember Bernstein and seconded by Councilmember Murray to: 1. Introduce and have first reading of Ordinance No. 1465, approving Code Amendment (CA) 2015-004 by amending Chapter 7 of Article 9 of the Tustin City Code (TCC) to provide new standards for water efficient landscapes, and set a second reading for the next City Council meeting; and 2. Adopt Resolution No. 15-86, approving the 2015 Guidelines for Implementation of the City of Tustin Water Efficient Landscape Ordinance. Motion carried: 4-1 (Mayor Pro Tem Nielsen dissenting) ORDINANCE NO. 1465 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 7 OF ARTICLE 9 OF THE TUSTIN CITY CODE REGARDING WATER EFFICIENT LANDSCAPES RESOLUTION NO. 15-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE 2015 GUIDELINES FOR IMPLEMENTATION OF THE CITY OF TUSTIN WATER EFFICIENT LANDSCAPE ORDINANCE City Council December 1, 2015 Meeting Minutes Page 5 of 9 8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1464 Ordinance No. 1464 amends Tustin City Code Subsection 5331n to establish preferential permit only parking on Shadybrook Drive and Fernbrook Drive. It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem Nielsen to have second reading by title only and adoption of Ordinance No. 1464 (roll call vote). Motion carried: 4-1 (Councilmember Gomez dissenting) ORDINANCE NO. 1464 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY 9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1458 Ordinance No. 1458 amends Tustin City Code Section 5331n by establishing preferential permit only parking within the Walnut Park/Broadmoor neighborhood summary. Public Input: 1. Angie Wahl 2. Patrick Behr 3. Kel Behr 4. Austin Ellingsen 5. Julia Mouser 6. Harriet Leavitt 7. Bob Leahy It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray to have second reading by title only and adoption of Ordinance No. 1458 (roll call vote). Motion carried: 5-0 ORDINANCE NO. 1458 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY 10. MAYOR AND MAYOR PRO TEM SELECTION The City Council selects those members of the Council who will serve as Mayor and Mayor Pro Tem for the following year. City Council December 1, 2015 Meeting Minutes Page 6 of 9 It was moved by Mayor Puckett and seconded by Councilmember Bernstein to nominate John Nielsen as Mayor. Motion carried 5-0 It was moved by Mayor Nielsen and seconded by Councilmember Murray to nominate Dr. Allan Bernstein as Mayor Pro Tem. Motion carried 4-1 (Councilmember Gomez dissenting) OTHER BUSINESS/COMMITTEE REPORTS COUNCILMEMBER PUCKETT Invited everyone to a reception in the lobby with cake and punch COUNCILMEMBER GOMEZ Deferred comments to the next City Council meeting COUNCILMEMBER MURRAY November 18 o Attended the Association of California Cities of Orange County Board of Directors Meeting o Attended the Changing of the Flags Ceremony at the Orange County Civic Center; the event was a great opportunity to honor the city flags along with the county flag and the military flags of the State of California; applauded Chairman and Third District Supervisor Todd Spitzer for his efforts November 19 o Attended the Mayor's Thanksgiving Prayer Breakfast hosted by the Tustin Community Foundation November 20 o Attended the Tustin Ranch Elementary 20th Anniversary Celebration November 26 o The Murray family continued their annual Thanksgiving tradition of serving food at the Orange County Rescue Mission with President Jim Palmer o Attended the 7th Annual Unity in the Community Thanksgiving Spectacular at Peppertree Park, hosted by Operation Warm Wishes and TyRon Jackson; thanked City Council December 1, 2015 Meeting Minutes Page 7 of 9 TyRon and all those who participated Wished Randi Bernstein a Happy Birthday Announced that the Trojans won the football game against UCLA; presented a hat to Councilmember Gomez in spirit of friendly competition Thanked Councilmember Puckett for a job well done as Mayor MAYOR PRO TEM BERNSTEIN November 18 o Represented the city at the Orange County Local Agency Formation Committee meeting • The Committee discussed the disposition of Sewer Area 7 and determined that a final decision will probably not be made until next year • Invited all interested to peruse the websites of LAFCO, the East Orange County Water District, and the Irvine Ranch Water District to get additional information and there are various underground websites November 19 o Attended the Mayor's Thanksgiving Prayer Breakfast hosted by the Tustin Community Foundation; mentioned that the event was wonderfully attended and that Councilmember Puckett is irreplaceable o Attended the Tustin Armed Forces Reserve Center Groundbreaking Ceremony o Attended the Orange County Vector Control District meeting November 20 o Attended the Tustin Ranch Elementary 20th Anniversary November 14 o Attended the Tustin Boys and Girls Club "Be A Hero" Gala; thanked and congratulated Elysse Perkins, the Committee, and Randi Bernstein for a wonderful fundraising event November 26 o Attended the 7th Annual Unity in the Community Thanksgiving Spectacular at Peppertree Park, hosted by Operation Warm Wishes and TyRon Jackson; thanked TyRon and all those who participated November 30 o Attended the Old Town Tree Lighting Ribbon Cutting; congratulated Councilmember Puckett for a great job Congratulated the city for meeting the water conservation numbers; it's a great community effort City Council December 1, 2015 Meeting Minutes Page 8 of 9 Wished wife Randi a Happy Birthday; thanked her for her patience and support Thanked Councilmembers for their support and guidance, their insights, and sharing their experiences in taking on a position of further responsibility Thanked staff and the entire community for believing in him and supporting him MAYOR NIELSEN Thanked all Council -colleagues for the support; truly appreciated and looking forward to a great year Mentioned that he is working on Mayors Goals for 2016; encouraged the community to provide input if interested Thanked wife Melinda for her patience and support UPCOMING EVENT ANNOUCEMENTS o Christmas Tree Lighting Friday, December 4 @ 6:00 p.m. Tustin Library Outdoor Courtyard o Menorah Lighting Sunday, December 6 @ 3:30 p.m. - 5:00 p.m. Tustin Library Courtyard o Tustin Talent Show Saturday, December 12 @ 12:00 p.m. Tustin Community Center at the Market Place o Santa Sleigh December 1 — December 22 PRESENTATION - Orange County Assessor Claude Parrish presented a Proclamation to former Mayor Puckett. ADJOURNED at 8:08 p.m. The next meeting is scheduled for Tuesday, December 15, 2015 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 December 1, 2015 Meeting Minutes Page 9 of 9