HomeMy WebLinkAbout02 CC MINUTES 4.4.17 Agenda Item 2
Reviewed:
City Manager ENR
Finance Director N/A
CITY OF TUSTIN REGULAR APRIL 4, 2017
MEETING OF THE CITY COUNCIL COMMUNITY CENTER
• 300 CENTENNIAL WAY, TUSTIN
i
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 CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER— Meeting #2409 at 5:34 p.m.
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
PUBLIC INPUT — None
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene
to discuss Items 1-3.
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):
City Council April 4, 2017
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(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 §
54956.8] — (1 case)
A. Property 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
Address/Description 29, 30, 31, 32, 33, 61, 62, 63, 64, 65, 66, 67, 68
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager & John Buchanan,
Director of Economic Development/Acting Director
of Finance
Negotiating Parties OliverMcMillan Tustin Legacy Inc.
Under Negotiation Price and Terms of Payment
Recessed at 5:35 p.m.
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER— Meeting #2409 at 7:03 p.m.
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE —
American Legion
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
PRESENTATIONS —
Mayor Bernstein presented a Proclamation to Sharyn Cable in honor of being a Gem of
Tustin.
Mayor Bernstein presented a Proclamation to Stephanie Luu in honor of Fair Housing
Foundation Month.
City Council April 4, 2017
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ORAL COMMUNICATION/PUBLIC INPUT —
1. Jim Bickley
2. Gary Magill
3. Darin Loughrey
4. Rudy Padrol
5. Sherri Loveland
PRESENTATIONS (CONTINUED) -
Chief Celano presented to Police Officer Javon Smith in recognition of achieving the
Mothers Against Drunk Drivers (MADD) Deuce Award.
CONSENT CALENDAR ITEMS 1-4
It was moved by Councilmember Puckett and seconded by Councilmember Clark to move
the balance as recommended by staff.
Motion carried: 5-0
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 ON MARCH 21, 2017.
Motion: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on March 21, 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.
Motion: That the City Council approve Payroll in the amount of $708,866.18;
and Demands in the amount of $3,254,220.07.
4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
City Council April 4, 2017
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This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
Quarterly Report for the third quarter of 2016. The average noise level
measured at Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin
Middle School on Beneta Way (Figure 1), remained consistent with prior
quarters during this third quarter reporting period. Average noise levels during
the third quarter remained well below the City, County, and State criteria of 65
dB Community Noise Equivalent Level (CNEL) for residential uses
Motion: That the City Council receive and file this report.
PUBLIC HEARING ITEM 5
5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1477
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
(attached) 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.
At the March 21, 2017 City Council meeting, the title was read into record and
the Council had first reading and introduction of the following Ordinance:
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
Public hearing opened at 7:34 p.m.
Public hearing closed at 7:34 p.m. with no public input
It was moved by Councilmember Puckett and seconded by Mayor Pro Tem
Murray to:
1. Conduct a public hearing to accept public comments; and
2. At the conclusion of the public hearing, have the second reading by title
only and adopt by a 4/5ths roll call vote Ordinance No. 1477.
Motion carried: 5-0
City Council April 4, 2017
Meeting Minutes Page 4 of 12
REGULAR BUSINESS ITEMS 6-9
6. WATER CONSERVATION UPDATE - FEBRUARY 2017
As a result of the drought, the City of Tustin is required to provide the State
Water Resources Control Board with a monthly report regarding water
consumption and restrictions. This report summarizes the information provided
to the State for the month of February 2017 and provides the City Council and
the public with general information on previous and upcoming actions taken by
the City.
It was moved by Mayor Bernstein and seconded by Councilmember Gomez to
receive and file this report.
Motion carried: 5-0
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1479 (CODE
AMENDMENT 2017-002)
Ordinance No. 1479 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.
It was moved by Mayor Pro Tem Murray and seconded by Councilmember
Puckett to have second reading by title only and adoption of Ordinance No.
1479.
Motion carried: 5-0
ORDINANCE NO. 1479
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING TUSTIN CITY CODE SECTIONS 9252h AND 9288a7
AND AMENDING TUSTIN CITY CODE SECTIONS 9222a5, 9222b2, 9223a7,
9223b2, 9224b1, 9244d8, 9252j25 92639, 9264b, 9297, and 9299bl(I)
RELATING TO ACCESSORY DWELLING UNITS.
8. CONTINUED PUBLIC HEARING - CODE AMENDMENT 2017-001
(ORDINANCE NO. 1478) RELATED TO MARIJUANA ACTIVITY
On March 21, 2017, this item was considered by the City Council, at which time
a question arose from Councilmember Gomez as to the consistency of the
language of the proposed ordinance. At that time, City Council voted to continue
this item in order to allow the City Attorney time to review and address the
issue. After conferring with Councilmember Gomez further, it was determined
that the language of proposed ordinance was consistent and does not require
modification, but that an additional agenda report to clarify the difference
between state law and proposed Ordinance No. 1478 would be beneficial.
City Council April 4, 2017
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Given the passage of Proposition 64, California state law now states that it is
lawful under state law for an individual to possess, plant, cultivate, harvest, dry,
or process not more than six (6) living marijuana plants as long as that activity is
conducted within a person's private residence (i.e. house, apartment unit,
mobile home or other similar dwelling), or upon the grounds of that private
residence (e.g. in an outdoor garden area), is conducted in a locked space, and
is not visible by normal unaided vision from a public place (Health & Safety
Code §§ 11362.1(a)(3) and 11362.2(a)(2), (a)(3), and (b)(5)). In other words,
under state law an individual may cultivate up to six (6) marijuana plants in a
backyard, open-air garden so long as the backyard is secure (e.g. is surrounded
by a locked fence) and the cultivation activity is not visible from a public place.
State law dictates that a City may not completely ban the foregoing activities
with one exception; local entities may ban the outdoor cultivation of marijuana
upon a private residence. As an example, in the situation described in the
previous paragraph (outdoor, open-air garden), state law allows cities to ban
such activity. On the other hand, state law does not allow cities to completely
ban cultivation of marijuana within a private residence or upon the grounds of a
private residence if the activity is conducted within a fully enclosed secure
structure and not visible from a public place. For example, cities cannot ban
cultivation of up to six marijuana plants if the activity is conducted in an opaque
and secure storage shed or greenhouse.
Proposed Ordinance No. 1478 bans outdoor cultivation within the City of Tustin
to the fullest extent permissible under the newly enacted state law
It was moved by Councilmember Puckett and seconded by Councilmember
Gomez to introduce and have a first reading, by title only, of Ordinance No.
1478, approving CA 2017-001 by amending TCC Sections 3141, 3152, 9270c
and 9297 relating to the regulation of marijuana activity in the City and set a
second reading for the next City Council 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, 31527 9270
AND 9297 TO UPDATE THE CITY'S BUSINESS AND LAND USE
REGULATIONS PERTAINING TO MARIJUANA ACTIVITY.
9. 2017 COMMISSIONER APPOINTMENTS
It was moved by Mayor Pro Tem Murray and seconded by Councilmember
Gomez to continue the item to the April 18, 2017 City Council meeting and that
if the ad hoc committee doesn't have a resolution in time for the next meeting,
they will submit two separate lists consisting of five candidates each for
Council's consideration.
City Council April 4, 2017
Meeting Minutes Page 6 of 12
Motion carried: 5-0
OTHER BUSINESS/COMMITTEE REPORTS
City Manager Jeffrey C. Parker
Announced the temporary closure of the Tustin Library due to a subterranean water leak;
Orange County staff were assessing the damage and is in the process of preparing a cost
estimate and resolution to repair the damages; City of Tustin staff and the County of
Orange staff have been in communication with each other regarding length of time the
library will be closed; information will be posted online once city staff is informed; the
public can contact the City of Tustin or the County of Orange for more information.
Councilmember Puckett
March 22
o Attended the Transportation Corridor Agencies Committee meeting.
o Attended the Tustin Community Foundation Patriots and Pioneers Street
Dedication Ceremony; Davis Drive, in Tustin Ranch, was dedicated in honor of
United States Marine Corps, Private First Class Carlos Davis; great ceremony;
thanked Donna Perry for organizing a great program.
March 23
o Attended the Transportation Corridor Agencies meeting.
o Attended the Orange County Council of Government meeting at Irvine City Hall.
March 24
Attended the Orange Coast Mayors' Prayer Breakfast; Kansas Governor Sam Brown was
the keynote speaker.
March 29
Attended the City of Tustin Citizen Academy Meet and Greet kick-off program; was great
to see all those in attendance; great program and opportunity for those wanting to get
involved with City commissions.
March 30
Attended the Sexual Harassment Prevention training.
March 31
Attended the Parks and Recreation Casino Night event at the Tustin Area Senior Center;
great event.
April 1
Attended the Saddleback College Foundation Gala at the Ritz Carlton in Laguna Niguel.
City Council April 4, 2017
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Councilmember Gomez
March 23
o Was Principal for the Day at Taft Elementary School in the City of Orange; great to
be invited by principal, Connie Smith, a former Tustin Unified School District
principal and Tustin resident; was great to see some of the strategies used to
encourage student attendance and parent engagement.
o Attended the Tustin Area Senior Advisory Board meeting; discussed their current
activities and the upcoming Casino night which was held on Friday, March 31St;
Needs Assessment is still being evaluated and there will be more information to
follow; the Spring brunch is scheduled for Friday, April 14 at 11:00 am.
o Attended the Santa Ana River Flood Protection Agency meeting; discussed the
progress on the projects around the 91 Freeway at the Orange County Line; was
quite a bit of discussion regarding the recent rainfall and the ability of the local
dams to capture the water.
March 29
Attended the City of Tustin Citizen Academy Meet and Greet kick-off program; participants
have shown a great deal of interest in the community and our city; looking forward to their
"graduation ceremony" in a few months.
March 30
o Was on the Currie Middle School Entrepreneur class presentation panel; panel
included Peter Brakke of Chick-fil-A at The District, John Patterson, President of
the OC Auto Team, and Jerry Craig from the City of Tustin Economic Development
Department; thanked those who were willing to assist students with their projects;
students did an outstanding job of providing facts, demographics, and community
surveys in support of their projects; great business ideas which will need to be
looked into.
o Attended the Sexual Harassment Prevention training.
March 31
Attended the Senior Center Annual Casino Night Fundraiser; "Love Boat" was the theme
for the evening; approximately 225 people attended; everyone seemed to enjoy the
gaming tables, food and the music; Tustin Teens in Action Volunteer Group from the
Tustin Family Youth Center managed the Photo Booth Area; attendees were given an
opportunity to pose in front of the ship and receive a free framed photo; fun to watch
karaoke in the lounge; thanked the sponsors Enderle Center, Anthem BlueCross and AGA
Medicare Options and those who purchased tickets for the event; the Senior Center was
able to raise $2,000 with this event.
Announced on April 5, Officer John Hedges will be at Thorman Elementary School to kick
off a bike safety assembly followed by a bicycle rodeo on Thursday; thanked Tustin Police
Officer John Hedges and Principal Deanna Parks for ensuring that the students who
received the free bikes from Bikes for Kids are safe riders.
Announced the floor and the electrical system at the Tustin Library has been affected due
City Council April 4, 2017
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to a leak in the subfloor, which has impacted the operations of the library; due to the
extensive nature of the damage, the library will be closed for at least a month, but possibly
much longer; fencing will be placed around the library during the construction phase; signs
have been placed on the library and a notice has been placed on the County Library
website to advise patrons of the library closure.
Announced was interested in hearing about the softball fields; spent many weekends
playing softball in Tustin before moving to the city; met a lot of people in and around the
city while playing.
Councilmember Clark
March 24
Attended the last Association of California Cities of Orange County (ACCOC), Public
Policy Making class at the University of California, Irvine (UCI); thanked Mayor Pro Tem
Murray for the recommendation on taking the class.
March 27
Met with Tustin Parks and Recreation Department; thanked David A. Wilson, Director of
Parks and Recreation, and his team for the valuable information they provided.
March 29
Attended the City of Tustin Citizen Academy Meet and Greet kick-off program;
encouraged participants to put the knowledge they are gaining from the course into action.
March 31
Held office hours at Tustin City Hall; met with constituents from throughout the city; was
able to meet with non-profit groups such as the American Lung Association and Mothers
Out Front; was very valuable.
April 2
Attended the Girl Scouts of Orange County Inaugural Day of Service; troops from Orange
County gather to assist each other with their service projects, for their bronze, silver, and
gold awards; several troops were working on service projects to help impact the Tustin
community.
Announced April 4t" was Equal Pay Day and the month of April is National Childhood
Abuse Prevention Awareness Month; invited fellow councilmember colleagues to the
Raise Foundation kick-off for National Childhood Prevention Awareness Month at the
Bowers Museum on Wednesday, April 5th
Thanked city staff for their hard work with the Tustin Library issues and for the updates
with the facility; requested that staff keep the community updated with the library issues as
well.
City Council April 4, 2017
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Mayor Pro Tem Murray
March 22
o Attended the Association of California Cities of Orange County (ACCOC) Board
meeting; had Chief Executive Officer, Heather Stratman's review; was very
complimentary review process.
o Attended the Tustin Community Foundation Patriots and Pioneers Street
Dedication Ceremony; Davis Drive, in Tustin Ranch, was dedicated in honor of
United States Marine Corps, Private First Class Carlos Davis; nicely attended;
thanked Donna Perry for organizing a great program.
March 23
o Attended the Association of California Cities of Orange County (ACCOC)
Legislative and Regulatory Committee meeting; discussed many of the assembly
bills moving around in Sacramento.
o Attended the Orange County Transportation Authority (OCTA) Special Transit
Committee meeting; special meeting was held to work on proposals for the OC
Streetcar project.
o Attended the Orange County Fire Authority (OCFA) Board meeting; major topic was
executive staffing and personal related issues.
March 24
Attended the Orange Coast Mayors' Prayer Breakfast; nice remarks by Mayor Allan
Bernstein; represented the City of Tustin very well.
March 27
Attended the Orange County Transportation Authority (OCTA) Board meeting; major topic
was bus ridership; Gregory T. Winterbottom was reappointed as Public Member.
March 30
o Attended the Sexual Harassment Prevention training.
o Attended the City of Irvine Police Department Awards and Officer of the Year event
with Tustin Police Chief Charles F. Cealno.
March 31
Attended the Route 91 Freeway Ribbon Cutting Ceremony at the Corona Metrolink
Station; had over 500 people in attendance.
April 3
Attended the Orange County Transportation Authority (OCTA) Executive Board meeting.
April 4
Attended the Orange County Fire Authority (OCFA) Human Resources meeting; OCFA
staff did a presentation on workers' compensation; complimented Risk Management staff
on the changes they have made.
Announced the City of Tustin Easter Egg Hunt will be held on Saturday, April 15th at the
City Council April 4, 2017
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Tustin Sports Park.
Mayor Bernstein
March 22
Attended the Orange County Sanitation Board meeting; Red Hill Sewer project is
progressing; ground water replenishment is now bottled water; Orange County Sanitation
District is participating in the integrated regional water management plan for both northern
and central Orange County with the Orange County Water District and the Newport Bay
Water Shed Council.
Announced a few bills to pay attention to are: Senate Bill (SB) 5 which was introduced by
Senator De Leon; bill would enact the California Drought, Water, Parks, Climate, Coastal
Protection, and Outdoor Access for All Act of 2018; SB 231, which was introduced by
Senator Robert Hertzberg, to pass a bill that redefines "sewer" to include storm water; last
bill to pay attention to is SB 541, introduced by Senator Allen, the bill would define school
facility water capture practices for all new, reconstructed, or altered public schools.
March 24
o Attended the Orange Coast Mayors' Prayer Breakfast; thanked Senator John
Moorlach for the invitation; Kansas Governor Sam Brown gave a very inspirational
speech; a good time was had by all.
o Had the opportunity to participate with SeniorServ's, Meals on Wheels program;
they deliver over a thousand meals a week to Tustin residents; thanked Susan
Papiri and Buffy for the opportunity to deliver meals and socialize with those who
are fundamentally by themselves.
March 27
o Toured many of the Water Enterprise facilities as well as the Simon Ranch
Reservoir and Booster Pump Station; visited Edinger Avenue Well; thanked Water
Services Manager, Art Valenzuela, Field Maintenance Manager, Jason Churchill,
and Public Works Director, Douglas S. Stack for the tour.
o Attended the City of Stanton Mayor's Breakfast; was a good event.
o Toured the Illumination Foundation's Theriault Emergency House in Stanton; was
able to see their emergency transitional and bridge housing units.
o Attended the Metropolitan Water District of Southern California dinner; presenter
was Metropolitan Water District General Manager Jeffrey Kightlinger.
March 29
Attended the City of Tustin Citizen Academy Meet and Greet kick-off program; had a fun
time; congratulated Tustin city staff who are organizing the program.
March 31
Attended the Senior Center Annual Casino Night Fundraiser; "Love Boat" was the theme
for the evening; everyone had a great time; thanked the Parks and Recreation Senior
Center staff as well as Parks and Recreation Supervisor Marilyn Buescher and
Community Service Commissioner, Donna Perry for their hard work with the event.
City Council April 4, 2017
Meeting Minutes Page 11 of 12
ADJOURNED at 8:32 p.m. The next meeting is scheduled on Tuesday, April 18, 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 April 4, 2017
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