HomeMy WebLinkAbout02 CC MINUTES 3.21.17 Agenda Item 2
Reviewed:
City Manager ENR
Finance Director N/A
CITY OF TUSTIN REGULAR MARCH 21, 2017
MEETING OF THE CITY COUNCIL COMMUNITY CENTER
• 300 CENTENNIAL WAY, TUSTIN
Al Murray, Mayor Pro Tem Jeffrey C. Parker, City Manager
Rebecca Gomez, Councilmember Dr. Allan Bernstein, Mayor David E. Kendig, City Attorney
Charles E. Puckett, Councilmember Erica N. Rabe, City Clerk
Letitia Clark, Councilmember Jeffrey C. Parker, City Treasurer
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER— Meeting #2408 at 7:17 p.m.
INVOCATION — Councilmember Puckett
PLEDGE OF ALLEGIANCE — Councilmember Clark
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
PRESENTATIONS —
■ Marine Aircraft Group 39 Noncommissioned Officer of the Quarter: Sergeant Evans
■ Marine Aircraft Group 39 Marine of the Quarter: Lance Corporal Frost
City Council March 21, 2017
Meeting Minutes Page 1 of 11
■ Rodgers Center for Holocaust Education 18th Annual Holocaust Art and Writing
Contest
■ Tustin High School T-Tech Academy of Technology & Engineering: Lemelson-MIT
InvenTeam Program
■ National Child Abuse Prevention Month
■ Jabberwocky Commendation
Recessed at 7:58 p.m.
Reconvened 8:20 p.m.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Jay Samora, District Representative Congresswoman Mimi Walters
CONSENT CALENDAR ITEMS 1-4
It was moved by Councilmember Puckett and seconded by Councilmember Clark 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 MARCH 7, 2017.
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on March 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.
City Council March 21, 2017
Meeting Minutes Page 2 of 11
Recommendation: That the City Council approve Payroll in the amount of
$698,056.26; and Demands in the amount of$3,368,987.78.
4. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
ADVERTISEMENT FOR BIDS FOR THE RED HILL AVENUE WIDENING AND
MEDIAN IMPROVEMENTS PROJECT FROM BARRANCA PARKWAY TO
EDINGER AVENUE, CIP NOS. 70197, 70226 & 70227
The plans and specifications for the Red Hill Avenue Widening and Median
Improvements Project from Barranca Parkway to Edinger Avenue, CIP Nos.
701977 70226 & 70227 have been prepared and the project is ready to be bid.
Recommendation: That the City Council:
1. Adopt Resolution No. 17-03 approving the plans and specifications for
the Red Hill Avenue Widening and Median Improvements Project from
Barranca Parkway to Edinger Avenue, CIP Nos. 70197, 70226 & 70227;
and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 17-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE RED
HILL AVENUE WIDENING AND MEDIAN IMPROVEMENTS PROJECT FROM
BARRANCA PARKWAY TO EDINGER AVENUE, CIP NOS. 701977 70226 &
70227 AND AUTHORIZING ADVERTISEMENT FOR BIDS
PUBLIC HEARING ITEMS 6-7
5. CODE AMENDMENT 2017-001 (ORDINANCE NO. 1478) RELATED TO
MARIJUANA ACTIVITY
PowerPoint presentation provided by Deputy City Attorney Jason M. McEwen.
Code Amendment (CA) 2017-001 would amend the Tustin City Code (TCC) as
required by the passage of Proposition 64, the Adult Use of Marijuana Act (the
"Act"). CA 2017-001 would amend the TCC so that it does not prohibit activity
and/or uses that are expressly permitted pursuant to the Act. CA 2017-001
would expressly prohibit marijuana dispensaries as a land use by banning such
activity in all zoning districts, and would also prohibit marijuana dispensaries as
a business activity.
On February 28, 2017, the Planning Commission adopted Resolution No. 4335
recommending that the Tustin City Council adopt Ordinance No. 1478,
City Council March 21, 2017
Meeting Minutes Page 3 of 11
amending TCC Sections 3141, 3152, 9270c and 9297 relating to the regulation
of marijuana activity in the City.
Public hearing opened at 8:37 p.m.
Public hearing closed at 8:37 p.m. with no public comments
It was moved by Councilmember Gomez and seconded by Councilmember
Puckett to direct staff to return with a revised ordinance addressing the
consistency of the language and return for first reading at the April 4, 2017
meeting.
Motion carried: 5-0
ORDINANCE NO. 1478
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SECTIONS 3141, 3152, 9270
AND 9297 TO UPDATE THE CITY'S BUSINESS AND LAND USE
REGULATIONS PERTAINING TO MARIJUANA ACTIVITY
6. CODE AMENDMENT 2017-002 (ORDINANCE NO. 1479), ACCESSORY
DWELLING UNITS
PowerPoint presentation provided by Director of Community Development
Elizabeth A. Binsack.
Code Amendment 2017-002 proposes to amend Article 9 Chapter 2 of the
Tustin City Code, related to accessory dwelling units (formerly referred to as
second residential units), in compliance with State law.
On February 28, 2017, the Planning Commission adopted Resolution No. 4337,
recommending that the Tustin City Council adopt Ordinance No. 1479,
approving Code Amendment 2017-002. (Applicant: City of Tustin)
Public hearing opened at 8:49 p.m.
Public hearing closed at 8:49 p.m. with no public comments
It was moved by Councilmember Puckett and seconded by Councilmember
Gomez to introduce and have first reading of Ordinance No. 1479, approving
Code Amendment (CA) 2017-002 by amending Article 9 Chapter 2 of the Tustin
City Code (TCC) to:
1. Continue to allow new accessory dwelling units of up to 600 square feet
in size on any residentially zoned lot in the Cultural Resource (CR)
District regardless of lot size;
City Council March 21, 2017
Meeting Minutes Page 4 of 11
2. Allow new accessory dwelling units on residential lots of at least 10,000
square feet in size in other residential areas of the City; and,
3. Allow new accessory dwelling units within existing single-family dwellings
and existing accessory buildings in all single-family zones, pursuant to
State law.
4. And, set a second reading for the next City Council meeting.
Motion carried: 5-0
ORDINANCE NO. 1479
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING TUSTIN CITY CODE SECTIONS 9252jj AND 9288a7
AND AMENDING TUSTIN CITY CODE SECTIONS 9222a5, 9222b2, 9223a7,
9223b27 9224b1, 9244d87 9252j27 926387 9264b7 9297, and 9299b1(i)
RELATING TO ACCESSORY DWELLING UNITS.
REGULAR BUSINESS ITEMS 7-8
7. ADOPTION OF URGENCY ORDINANCE NO. 1477 REVISING THE WATER
MANAGEMENT PLAN AND CONDUCT FIRST READING OF REGULAR
ORDINANCE NO. 1477
PowerPoint presentation provided by Director of Public Works Douglas S.
Stack.
The state of California has been experiencing severe drought conditions for the
last five years. However, conditions have improved over the last three months,
prompting a review of the City's Water Management Plan. Ordinance No. 1477
revises the City's Water Management Plan to incorporate the Governor's
permanent water use restrictions and modifies the conservation stages to
provide the City Council a more gradual approach to implementing these
restrictions when needed in the future.
It was moved by Mayor Bernstein and seconded by Mayor Pro Tem Murray to:
1. Adopt by a 4/5ths roll call vote Ordinance No. 1477 on an urgency basis
to revise the City's Water Management Plan; and
2. Conduct the first reading by title only of Ordinance 1477 and direct staff
to schedule a public hearing at the next regular meeting of the City
Council for second reading and adoption.
3. Direct staff to rescind the Stage 2 designation effective immediately.
Motion carried: 5-0
City Council March 21, 2017
Meeting Minutes Page 5 of 11
ORDINANCE NO. 1477
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING AND DETERMINING THE NECESSITY FOR AND
AMENDING THE WATER MANAGEMENT PLAN
8. LEGISLATIVE UPDATE
City Manager Jeffrey C. Parker provided an update on key legislative items.
It was moved by Mayor Pro Tem Murray and seconded by Councilmember
Gomez to send an opposition letter relating to SB 54 and support letter relating
to AB 346.
Motion carried: 5-0
OTHER BUSINESS/COMMITTEE REPORTS
Councilmember Puckett
March 8
Attended the Tustin Chamber of Commerce Monthly Breakfast; always a great meeting.
March 9
o Attended the Transportation Corridor Agencies Board meeting.
o Attended the Transportation Corridor Agencies Ad Hoc Committee meeting.
March 13 and 14
Attended the Association of California Cities of Orange County (ACCOC) Advocacy trip to
Sacramento with several Legislators; was a great trip.
March 15
Attended the Orange County Sanitation District tour.
March 16
Attended two Transportation Corridor Agencies (TCA) Committee meetings.
March 18
Attended the Strategic Plan Workshop.
March 21
Participated in the Tustin Unified School District Principal for the Day; was Principal for the
Day at Veeh Elementary School; had the opportunity to observe how students are taught;
thanked Principal Rafael Plascencia for a great day.
Councilmember Gomez
City Council March 21, 2017
Meeting Minutes Page 6 of 11
March 11
Attended the National History Day at the Orange County Department of Education; would
like to see Tustin Unified School District participate in this event; started a conversation
with the Tustin Unified Board President Jonathan Abelove regarding having Tustin Unified
participate.
March 16
Attended the Tustin Police Department Promotion Ceremony; great to see new officers as
well as other personnel getting promoted.
March 18
Attended the Strategic Plan Workshop; was a good discussion with everyone; was nice to
have time to discuss future plans and policies for Tustin; appreciated everyone's
participation.
March 20
Attended the Senior Advisory Council Legislative meeting; presenter was from the Public
Law Center in Orange County; they are a pro bono law firm committed to providing access
to low income residents; through volunteerism staff they are able to provide legal services
including counseling, individual representation, community education and advocacy
especially for seniors; was updated on past and future legislation they have advocated for.
March 21
Participated in the Tustin Unified School District Principal for the Day; was Principal for the
Day at Heritage Elementary School, the newest school in the Tustin Unified School
District; there was over one hundred (100) transfer students which will be attending the
school next year; no need to worry about school enrollment; was able to watch a fire drill;
a lot going on at Heritage Elementary School that day.
Councilmember Clark
March 9
Attended the Tustin Community Foundation Patriots and Pioneer Program's ceremony; a
small ceremony held to remind the residents where their street name comes from;
honored to have led the Pledge of Allegiance; Gray Place a street in Tustin Ranch, was
named after a former Tustin Tiller, Sergeant Marvin Gray who served in the United States
Air Force; he was killed in a midair collision while serving his country.
March 12
Attended the Tustin Chamber of Commerce Hanger Half Marathon; thanked Tustin
Chamber of Commerce for a job well done with organizing the event and bringing so many
people into Tustin.
March 13
Met with Tustin Public Works Department; thanked Douglas S. Stack, Director of Public
City Council March 21, 2017
Meeting Minutes Page 7 of 11
Works, and his team for the great information they provided.
March 15
o Attended the Superintendent's Counsel; received a lot of good information from the
Tustin City Counsel perspective.
o Attended the Orange County Mosquito and Vector Control District Board meeting;
discussed the nine (9) high risk cities in Orange County, for West Nile Virus.
o Attended the Tustin Chili Cook-Off Committee meeting with Parks and Recreation
Supervisor, Marilyn Buescher and Chili-Cook Off Committee Chair Donna Marsh-
Perry; discussed new and exciting ideas the committee can have at Peppertree
Park during the event.
March 17
Attended the Tustin Parks and Recreation St. Patrick's Day luncheon at the Tustin Area
Senior Center.
March 18
Attended the Strategic Plan Workshop; a lot of topics were discussed; thanked the staff for
all their hard, dedication, and for sacrificing their Saturday to attend the meeting; great
goals were set for the upcoming year.
March 21
Participated in the Tustin Unified School District Principal for the Day; was Principal for the
Day at Columbus Tustin Middle School; thanked Principal Maggie Burdette for the tour of
the school; staff and students were great.
Mayor Pro Tem Murray
March 8
o Attended the Tustin Chamber of Commerce Monthly Breakfast; congratulated
Tustin Officer Kendal Russel on receiving the Officer of the Month Award.
o Attended the Association of California Cities of Orange County (ACCOC) Shot Hole
Borer discussion; shot hole borers are tiny insects which destroys tree bark;
discussion on causes and prevention of these insects; very well attended.
o Attended the Orange County Fire Authority (OCFA) Budget and Finance
Committee meeting; discussed unfunded liability.
March 9
o Attended the Association of California Cities of Orange County (ACCOC) Regional
Homelessness Task Force meeting; complimented Tustin City Manager, Jeffrey C.
Parker who is very involved with helping with the Homelessness Task Force;
homelessness is a county and regional issue.
o Attended the Orange County Transportation Authority (OCTA) Transit meeting.
March 11
Attended the second annual Tustin Police Department Run with the Cop event at
Heideman Elementary School; congratulated Tustin Officer Matthew Roque for his hard
City Council March 21, 2017
Meeting Minutes Page 8 of 11
work in organizing the event; thanked TyRon Jackson with Operation Warm Wishes for
being at the event; complimented Tustin Police Department for on a great event.
March 12
Attended the Chamber of Commerce Hanger Half Marathon; was joined by Orange
County Supervisor Todd Spitzer and fellow Tustin Councilmembers; congratulated Tustin
City Manager, Jeffrey C. Parker and city staff for a great event; understands it was a lot of
work.
March 13
Attended the Association of California Cities of Orange County (ACCOC) Advocacy trip to
Sacramento with several Legislators; ACCOC was acknowledged at the California State
Assembly meeting; was a great event.
March 14
Presented an update at the City of Irvine Council meeting with Association of California
Cities of Orange County (ACCOC) Chief Executive Director, Heather Stratman.
March 15
Attended the Tustin Chili Cook-Off and Street Fair Committee meeting; event will be held
on June 4t"; event occurs on the first Sunday in June; "A Good Time in Old Town" is the
event theme this year; congratulated Parks and Recreation Supervisor, Marilyn Buescher
and Chili-Cook Off Committee Chair Donna Marsh-Perry for always doing a great job of
organizing the event.
March 16
o Attended the Orange County Transportation Authority (OCTA) Legislative and
Communications Committee meeting; will be traveling to Sacramento to speak on
behalf of the board and OCTA.
o Attended the Tustin Police Department Welcoming and Swearing-In Ceremony;
Deputy Chief Paul Garaven and staff welcomed new Police Department staff; very
well attended event.
March 18
Attended the Strategic Plan Workshop; a lot of topics were discussed; great opportunity
for many different topics to be discussed.
March 20
Attended the Los Angeles—San Diego—San Luis Obispo Rail Corridor (LOSSAN) Board
meeting; rideshare on the rail system is definitely improving.
March 21
Participated in the Tustin Unified School District Principal for the Day; was Principal for the
Day at Peter's Canyon Elementary School; thanked Principal Brooke Carreras outstanding
staff and students.
City Council March 21, 2017
Meeting Minutes Page 9 of 11
Mayor Bernstein
March 8
Attended the Tustin Arbor Day Ceremony at Cedar Grove Park; thanked Tustin Public
Works Field Services Manager, Jason Churchill and tree contractor Pat Madsen; City of
Tustin is a designated Tree City USA.
March 10
Attended Chapman University's Annual Holocaust Art and Writing Contest; was a fantastic
event; would like Tustin Unified School District to have a city wide competition.
March 12
Attended the Tustin Chamber of Commerce Hanger Half Marathon; congratulated Tustin
Chamber of Commerce and Tustin city staff for a job well done with organizing the event;
was a wonderful event; 4,000 runners participated in the event.
March 13
Attended the Orange County Sanitation District Legislative meeting.
Attended the Newport Bay Watershed Committee meeting.
March 17
Attended the Tustin Parks and Recreation St. Patrick's Day luncheon at the Tustin Area
Senior Center; thanked the Parks and Recreation staff for their hard work with the event.
March 18
Attended the Strategic Plan Workshop; a lot of important information was discussed;
thanked city staff for putting on the workshop, for their presentations, and for making
Tustin a great city.
March 21
Participated in the Tustin Unified School District Principal for the Day; was Principal for the
Day at Heideman Elementary School; thanked Principal Sean Lindsay and staff for a
wonderful job; thanked everyone for the privilege of being Principal for the Day.
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
(Followed the Regular Meeting of the City Council)
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The City 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
City Council March 21, 2017
Meeting Minutes Page 10 of 11
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 LEGAL COUNSEL — EXISTING LITIGATION [Government
Code § 54956.9(a)] — One case
A. City of Tustin v. Mira Properties, LLC et al.; OCSC Case No. 30-2014-
00734190-CU-MC-CJC.
Recessed at 9:38 p.m.
Reconvened at 10:15 p.m.
CLOSED SESSION REPORT: City Attorney David E. Kendig: The Council took no
reportable action.
ADJOURNED at 10:15 p.m. The next meeting is scheduled on Tuesday, April 4, 2017
for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00
p.m. in the Community Center, 300 Centennial Way, Tustin, California.
City Council March 21, 2017
Meeting Minutes Page 11 of 11