HomeMy WebLinkAbout02 CC MINUTES 5.02.17 Agenda Item 2
Reviewed:
City Manager ENR
Finance Director N/A
CITY OF TUSTIN REGULAR MAY 2, 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 I
Letitia Clark, Councilmember Jeffrey C. Parker, City Treasurer
CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER— Meeting #2411 at 5:34 p.m.
ROLL CALL — City Clerk
Present: Mayor Dr. Allan Bernstein, Mayor Pro Tem Murray, and
Councilmembers Charles E. Puckett and Letitia Clark
Absent: Councilmember Rebecca Gomez
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
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 May 2, 2017
Meeting Minutes Page 1 of 12
(2 cases)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. LIABILITY CLAIMS [Government Code § 54956.95] — (5 Cases)
a. Claim of Adolfo Campos, Claim No. 17-04
b. Claim of Rosario Meade, Claim No. 17-05
c. Claim of Bernardo Magana, Claim No. 17-09
d. Claim of Yesenia Gonzalez, Claim No. 17-10
e. Claim of Darlene Travis, Claim No. 17-13
Recessed at 5:34 p.m.
Councilmember Gomez arrived at 5:35 p.m.
REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER— Meeting #2411 at 7:04 p.m.
INVOCATION — Mayor Pro Tem Murray
PLEDGE OF ALLEGIANCE — Councilmember Gomez
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council unanimously
denied Claim Nos. 17-04, 17-05, 17-09, 17-10, and 17-13. Other than that, there is no
reportable action.
PRESENTATIONS —
Jen Kohlenberger and Pamela Sailor provided an overview of the Miss Tustin program
and introduced the 2017 Miss Tustin Emma Foss and her Court.
Mayor Bernstein presented a Proclamation to the Norooz Clinic Foundation in recognition
of Mental Health Awareness Month.
ORAL COMMUNICATION/PUBLIC INPUT — Sherri Loveland
City Council May 2, 2017
Meeting Minutes Page 2 of 12
CONSENT CALENDAR ITEMS 1-7
It was moved by Councilmember Puckett and seconded by Mayor Pro Tem Murray to pull
Items 4 and 5 and 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 APRIL 18, 2017.
Motion: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on April 18, 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 $709,189.61;
and Demands in the amount of $1,603,899.24.
4. ADOPT RESOLUTION NO. 17-14 TO ACCEPT IMPROVEMENTS FOR THE
COUNCIL CHAMBER RENOVATIONS CONSTRUCTION PROJECT CIP NO.
10075
Director of Public Works Douglas S. Stack provided an overview of the
improvements in the Council Chamber as it relates to modifications included to
provide more accessibility for persons with disabilities such as additional seating
and installation of a hearing induction loop.
Construction of the Council Chamber Renovations Project (CIP No. 10075) has
been completed to the satisfaction of the City Engineer and the project is now
ready for City Council acceptance.
City Council May 2, 2017
Meeting Minutes Page 3 of 12
It was moved by Councilmember Clark and seconded by Mayor Pro Tem
Murray to:
1. Adopt Resolution No. 17-14 accepting the construction of the Council
Chamber Renovations Project (CIP No. 10075); and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
Motion carried: 5-0
RESOLUTION NO. 17-14
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 COUNCIL CHAMBER RENOVATION PROJECT (CIP 10075)
5. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE
AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER
LEVYING FISCAL YEAR 2017-2018 ASSESSMENTS
At the February 21, 2017 meeting, the City Council ordered the preparation of
an Engineer's Report for the Levy of Annual Assessments for the Tustin
Landscape and Lighting District. The Engineer's Report has now been
completed and is ready for City Council approval. Additionally, it is requested
that the City Council declare its intention to levy annual assessments and set a
public hearing for June 6, 2017.
Mayor Bernstein, Mayor Pro Tem Murray and Councilmember Gomez recused
themselves due to a potential conflict in real property interest.
Due to a lack of quorum, Mayor Bernstein, Mayor Pro Tem Murray and
Councilmember Gomez drew three coffee sticks to determine who will remain at
the dais to participate in the discussion. Councilmember Gomez drew the
shortest stick; therefore she remained at the dais to participate in the
discussion.
It was moved by Councilmember Puckett and seconded by Councilmember
Clark to:
1. Adopt Resolution No. 17-18 approving the Engineer's Report for the
Tustin Landscape and Lighting District for Fiscal Year 2017-2018; and
2. Adopt Resolution No. 17-19 declaring its intention to levy annual
assessments for Fiscal Year 2017-2018 and setting a public hearing for
June 6, 2017.
City Council May 2, 2017
Meeting Minutes Page 4 of 12
Motion carried: 3-0-2
RESOLUTION NO. 17-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN
LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS
FOR FISCAL YEAR 2017-2018
RESOLUTION NO. 17-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL
LEVY OF ASSESSMENT FOR FISCAL YEAR 2017-2018 FOR THE
IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC
LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA
WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218
AND GIVING NOTICE THEREOF
Mayor Bernstein and Mayor Pro Tem Murray returned to the dais.
6. ADOPT RESOLUTION NO. 17-15 TO APPROVE THE SUBMITTAL OF A
MEASURE M2 TIER 1 ENVIRONMENTAL CLEANUP PROGRAM PROJECT
APPLICATION TO THE ORANGE COUNTY TRANSPORTATION
AUTHORITY
City Council adoption of Resolution No 17-15 will approve submittal of the City's
project application for Renewed Measure M funds (Measure M2) under the
Environmental Cleanup Allocation Program, Tier 1 Grant Program for fiscal year
2017/2018. The City has prepared and submitted a project application to
complete (CIP No. 50036).
Motion: That the City Council adopt Resolution No 17-15 approving the
submittal of the project application to the Orange County Transportation
Authority (OCTA) for funding under the Renewed Measure M Environmental
Cleanup Allocation Program, Tier 1 Grant Program 2017 Call for Projects.
RESOLUTION NO. 17-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AUTHORIZING AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL
CLEANUP, TIER 1 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL
TRANSPORTATION ORDINANCE NO. 3 FOR CATCH BASIN RETROFIT
PROGRAM
7. CANCELLATION OF THE SEPTEMBER 5, 2017 CITY COUNCIL MEETING
Due to a lack of quorum, staff recommends cancellation of the September 5,
City Council May 2, 2017
Meeting Minutes Page 5 of 12
2017 Regular City Council meeting.
Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly
scheduled Council meeting of September 5, 2017. The City Council hereby
waives notice of said meeting as required by Government Code §54954.
REGULAR BUSINESS ITEMS 8-10
8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1480
Ordinance No. 1480 re-authorizes and re-states Section 7945 as it presently
exists.
It was moved by Mayor Pro Tem Murray and seconded by Councilmember
Gomez to have second reading by title only and adoption of Ordinance No.
1480 (roll call vote).
Motion carried: 5-0
ORDINANCE NO. 1480
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN RE-
AUTHORIZING AND RE-STATING SECTION 7945 OF THE MUNICIPAL
CODE RELATING TO COLLECTION OF A PUBLIC EDUCATION
GOVERNMENT FEE BY STATE VIDEO FRANCHISE HOLDER
9. ORDINANCE ESTABLISHING FOUR YEAR TERMS AND TERM LIMITS FOR
CITY COMMISSIONERS
At the City Council's Strategic Plan Workshop on March 18, 2017, the Council
directed staff to return with a proposed ordinance establishing four-year terms
staggered every two years, and establishing term limits of two consecutive
terms for each commissioner. The attached Ordinance 1481 would, if adopted,
implement the Council's request for four-year terms and term limits and would
clarify the City Code regarding Commissioner removal in the event of excessive
absences from regular meetings.
Councilmember Gomez expressed concern with implementing four-year term
limits.
It was moved by Mayor Pro Tem Murray and seconded by Councilmember
Puckett to conduct the first reading by title only of Ordinance 1481 and direct
staff to schedule the Ordinance for second reading and adoption at the next
regular meeting of the Council.
Motion carried: 4-1-0 (Councilmember Gomez dissented)
City Council May 2, 2017
Meeting Minutes Page 6 of 12
ORDINANCE NO. 1481
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING AND RESTATING SECTION 1513 OF PART 1 OF
CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATING TO
CITY COMMISSION TERMS OF OFFICE
10. LEGISLATIVE UPDATE
City Manager Jeffrey C. Parker provided an overview of current legislation.
It was moved by Mayor Bernstein and seconded by Councilmember Puckett to
write letters of opposition for the following bills: AB 252, AB 890, AB 1250, SB
35 and SB 649.
Motion carried: 5-0
OTHER BUSINESS/COMMITTEE REPORTS
City Manager Jeffrey C. Parker
Thanked the City Council for their patience during the renovation of the council chamber;
thanked City Clerk's Office for their hard work during the renovation; thanked Public
Works Director, Douglas S. Stack and his staff for putting the renovation project together
in a timely matter; thanked Finance Deputy Director, Sean Tran and his staff for
coordinating the technology aspect of the renovation; the technology is a major upgrade.
Councilmember Puckett
April 19
Attended the Transportation Corridor Agencies (TCA) Board meeting regarding the toll
roads.
April 20
o Attended Transportation Corridor Agencies (TCA) Joint Capital Committee meeting.
o Attended Transportation Corridor Agencies (TCA) Joint Environmental Committee
meeting.
April 21
Attended the Tustin Community Foundation (TCF) Superheroes of Tustin luncheon;
congratulated Randi Bernstein on being recognized as a Superhero Volunteer; thanked aII
the volunteers in Tustin who make the community a better place to live.
April 25
Met with the Chinese Delegation that was on the United States tour.
City Council May 2, 2017
Meeting Minutes Page 7 of 12
April 26
Attended the Transportation Corridor Agencies (TCA) Joint Tolls meeting.
April 27
Attended the Orange County Council of Governments meeting.
April 29
Attended the Exchange Club's Casino Night; congratulated Randi Bernstein, Exchange
Club President and Donna Puckett for selling out the event; the event raised more than
$25,000.00; Exchange Club has raised close to $100,000.00, this past year, which has
gone towards the Veterans Outpost.
April 30
Attended the Blue Buoy Swim School Water Safety and Drowning Prevention Day;
thanked the Blue Buoy Assisteens Program for hosting the event; thanked Johnny and
Cindy Johnson from the Blue Buoy Swim School for the job they do to help with drowning
prevention.
Councilmember Gomez
April 20
Attended the Tustin Public Schools Foundation dinner following the golf classic; there was
quite an enthusiastic crowd willing to raise money for Tustin students.
April 22
Attended Earth Day at the Parks and Recreation Tustin Community Yard Sale; weather
was perfect for a little shopping; shoppers need to be reminded to bring their reusable
bags next year.
April 28
Attended Tustin Area Fine Arts Council's student awards for the Annual Student Art
Invitational; on display was extremely creative and impressive paintings, drawings,
photography and ceramics; congratulated the winners of the show.
April 29
Was not able to attend Take Back Day or the Shredding event but understands both were
successful.
Thanked Parks and Recreation facilities staff Israel Preciado who made adjustments to
the stage during the chamber renovations and for making the stage safe for Council.
Congratulated Dr. Jon Tuin who was recently name Tustin High principal, replacing
Christine Matos.
City Council May 2, 2017
Meeting Minutes Page 8 of 12
Councilmember Clark
April 20
o Attended the Orange County Vector Control Board meeting; discussed whether or
not to form an ad hoc committee to make decisions regarding aerial spraying;
ultimately decided to have the full Board vote on aerial spraying.
o Attended the Tustin Public Schools Foundation Fourth Annual Golf Classic and
Dinner.
April 21
Attended the Tustin Community Foundation (TCF) Superheroes of Tustin luncheon;
enjoyed luncheon; great way to recognize community volunteers.
April 23
Attended the Elementary Science Olympiad at the Community Center at the Market Place;
students from all over Orange County participated in the event.
April 24
Met with the Human Resources Department; thanked Director of Human Resources
Derick Yasuda for the tour of the department; thanked the Human Resource Department
for the meeting and presentation.
April 25
o Attended the Bridges out of Poverty training hosted by the Orange County
Department of Education.
o Attended the Heritage Park Playground Opening; thanked the Tustin Rotary Club
for their contribution towards the playground; thanked Director of Parks and
Recreation, David A. Wilson and his team for putting on a great Ribbon Cutting
Ceremony.
April 26
Was a speaker at the Tustin Realtors Weekly Broker preview meeting; was happy to talk
to them.
April 28
Was a panelist for the Women in Politics Symposium hosted by California Women Lead.
April 29
Attended the Exchange Club's Casino Night; thanked the Exchange Club for the invitation;
had a lot of fun.
April 30
Attended the Blue Buoy Swim School Water Safety and Drowning Prevention Day.
City Council May 2, 2017
Meeting Minutes Page 9 of 12
Mayor Pro Tem Murray
April 19
Attended the Association of California Cities of Orange County (ACCOC) Board of
Directors Installation Dinner; congratulated newly appointed president, Steven R. Jones,
Mayor of Garden Grove.
April 26
Attended the Association of California Cities of Orange County (ACCOC) Local
Government Finance Committee meeting chaired by Newport Beach Councilmember
Diane B. Dixon; Public Employment Retirement System (PERS) Kerry Worgan provided
valuable information regarding PERS. Thanked Acting Director of Finance John
Buchanan and Senior Management Analyst Karyn Roznos for attending.
April 27
o Chaired the Orange County Transportation Authority (OCTA) Transit Committee
meeting.
o Attended the Association of California Cities of Orange County (ACCOC)
Legislative and Regulatory Committee meeting. Thanked City Manager Jeffrey C.
Parker for his support with the issue.
April 28
Attended the Tustin Area Republican Women Federation luncheon; guest speaker was
Third District Supervisor, Todd Spitzer.
April 29
o Attended the attend Tustin Police Department Coffee, Cars, and Cops event;
thanked Chief Charles F. Celano for having a great event.
o Attended the City of Tustin Shredding Event; thanked City Clerk, Erica N. Rabe for
a great service provided to the community.
o The National Take Back Day was also a great success
o Attended the Tustin Exchange Club Casino Night; thanked Exchange Club
President Randi Bernstein for a great event.
May 1
Visited the Orange County Fire Authority (OCFA), Tustin Station 43; had the opportunity to
view the new ladder fire truck; a wonderful new piece of fire safety equipment.
Thanked Orange County Fire Authority (OCFA), Division Chief Randy Black for his service
to the Tustin community; his new assignment will be Division Chief for the City of Santa
Ana; welcomed new Division Chief Andy Kovacs to the Tustin community.
Announced that May is National Drowning Prevention month; thanked Communications
Manager, Stephanie Najera for having an integral part in the Drowning Prevention team.
City Council May 2, 2017
Meeting Minutes Page 10 of 12
Mayor Bernstein
April 19 and 20
Attended the California League of Cities Legislative Day in Sacramento; thanked
Executive Coordinator, Regina Blankenhorn for setting-up the trip.
April 20
Attended the Tustin Public Schools Foundation Fourth Annual Golf Classic and Dinner;
congratulated Tustin Unified School District for a wonderful event.
April 21
Attended the Tustin Community Foundation (TCF) Superheroes of Tustin luncheon;
enjoyed the event; congratulated the volunteers who were nominated for an award;
thanked Randi Bernstein for her volunteer award.
April 25
Attended the Heritage Park Playground Opening; thanked the Tustin Rotary Club for their
$10,000.00 donation towards the playground.
April 26
o Attended the Orange County Sanitation District Joint Legislative Public Affairs
Committee and Steering Committee meeting; discussed what would be the future
of the Legislative Committee; voted to keep the Legislative Committee and become
more active with the committee.
o Attended the Orange County Sanitation District Board meeting.
April 27
Attended the Tustin/Santa Rotary Club meeting; provided the club with updates on what is
going on in the community; thanked rotary Club President Leo Middleton for the invitation.
April 28
o Attended the Southern California Water Committee meeting; discussed water
issues.
o Attended Tustin Area Fine Arts Council's student awards for the Annual Student Art
Invitational; on display was extremely creative and impressive paintings, drawings,
photography and ceramics; congratulated Betty Carle and staff for their hard work
with organizing this event.
April 29
o Attended the attend Tustin Police Department Coffee, Cars, and Cops event;
thanked Chief Charles F. Celano for having a great and successful event.
o Attended the Tustin Exchange Club Casino Night; thanked Exchange Club
President Randi Bernstein for a great event; congratulated Randi Bernstein,
Exchange Club President and Donna Puckett for selling out the event; the event
raised around $29,000.00 to support veterans within the City of Tustin.
Announced on Thursday, May 4t" at 5:00 p.m., a Holocaust Remembrance Forum will be
City Council May 2, 2017
Meeting Minutes Page 11 of 12
held at the Community Center at the Market Place.
ADJOURNED at 8:08 p.m. The next meeting is scheduled on Tuesday, May 16, 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 May 2, 2017
Meeting Minutes Page 12 of 12