HomeMy WebLinkAbout02 CC MINUTES 8.15.17Agenda Item 2
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City Manager ENR
Finance Director N/A
CITY OF TUSTIN REGULAR AUGUST 15, 2017
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
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 CLOSED SESSION MEETING
OF THE CITY COUNCIL
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CALL TO ORDER — Meeting #2418 at 5:30 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 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
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:
City Council August 15, 2017
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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. LIABILITY CLAIMS - [Government Code § 54956.95] — Three Cases
a. Claim of Nancy O'Toole, Claim No. 17-22
b. Claim of Claudia Orozco, Claim No. 17-24
c. Claim of Timothy C. Sabic, Claim No. 17-28
Recessed at 5:31 p.m.
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2418 at 7:03 p.m.
INVOCATION — Pastor Dane Counts
PLEDGE OF ALLEGIANCE — Councilmember Puckett
MOMENT OF SILENCE — Mayor Bernstein requested a moment of silence to mourn the
loss of Gerry Aust.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council
unanimously denied Claim Nos 17-22, 17-24, 17-28. Other than that; there was no
reportable action.
PRESENTATION —
Mayor Bernstein presented a Certificate of Recognition to Jada Mya Gatlin in honor of
winning the First Place National Champion in Long Jump, 51st USATF Hershey National
Junior Olympic Track & Field Championship.
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ORAL COMMUNICATION/PUBLIC INPUT —
1. Harold Katzman
2. Helen Fried
CONSENT CALENDAR ITEMS 1-6
It was moved by Mayor Pro Tem Murray and seconded by Councilmember Puckett 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 AUGUST 1, 2017 AND SPECIAL MEETING OF THE CITY COUNCIL
HELD ON AUGUST 9, 2017.
Motion: That the City Council approve the Action Minutes of the Regular Meeting
of the City Council held on August 1, 2017 and the Special Meeting of the City
Council held on August 9, 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 $782,093.82;
and Demands in the amount of $2,320,808.15.
4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY
Government Code Section 53646 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.
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Motion: That the City Council receive and file this report.
5. ADOPT RESOLUTION NO. 17-39 TO ACCEPT IMPROVEMENTS FOR THE
MOFFETT DRIVE EXTENSION (CIP NO. 70230), LEGACY ROAD EXTENSION
(CIP NO. 70231), FUTURE TUSD SCHOOL SITE (CIP NO. 70234) AND CITY
PROPERTY (CIP NO. 70235) GRADING PROJECT AND AUTHORIZE THE
CITY ENGINEER TO FILE A NOTICE OF COMPLETION
Construction of the Moffett Drive Extension (CIP No. 70230), Legacy Road
Extension (CIP No. 70231), Future TUSD School Site (CIP No. 70234) and City
Property (CIP No. 70235) Grading Project has been completed to the satisfaction
of the City Engineer and is now ready for City Council acceptance.
Motion: That the City Council:
Adopt Resolution No. 17-39 accepting the construction of the Moffett Drive
Extension (CIP No. 70230), Legacy Road Extension (CIP No. 70231),
Future TUSD School Site (CIP No. 70234) and City Property (CIP No.
70235) Grading Project; and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the Orange County Recorder's Office.
RESOLUTION NO. 17-39
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 MOFFETT DRIVE EXTENSION (CIP NO. 70230), LEGACY ROAD
EXTENSION (CIP NO. 70231), FUTURE TUSD SCHOOL SITE (CIP NO. 70234)
AND CITY PROPERTY (CIP NO. 70235) GRADING PROJECT
6. DECLARATION OF SURPLUS PROPERTY
The City has accumulated a quantity of obsolete and/or damaged computer and
other equipment that are no longer usable or required for public use.
Motion: That the City Council:
1. Declare the listed equipment surplus and not required for public use; and
2. Authorize staff to sell/have auctioned serviceable equipment of value and
dispose of assets beyond repair.
REGULAR BUSINESS ITEMS 7-9
City Council August 15, 2017
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7. TWO-YEAR FUNDING AGREEMENT FOR BUSINESS DEVELOPMENT AND
EVENT SERVICES WITH THE TUSTIN CHAMBER OF COMMERCE
Deputy Director of Economic Development Jerry Craig provided a presentation.
City Council approval is requested for the City of Tustin to enter into a Two -Year
Funding Agreement for Business Development and Event Services with the
Tustin Chamber of Commerce.
Public Input: Bill McInerney
It was moved by Councilmember Puckett and seconded by Mayor Pro Tem
Murray to:
1. Authorize entering into a Two -Year Funding Agreement for Business
Development and Event Services with the Tustin Chamber of Commerce;
and
2. Authorize the City Manager to execute the Two -Year Funding Agreement
for Business Development and Event Services, and authorize the City
Attorney to make non -substantive changes to the agreement as deemed
necessary.
Motion carried: 5-0
8. WATER CONSERVATION UPDATE
Director of Public Works Douglas S. Stack provided an update.
Although the City is no longer required to achieve specific conservation amounts,
the City of Tustin is still required to provide the State Water Resources Control
Board with a monthly report regarding water consumption and enforcement
actions. This report summarizes the information provided to the State for the
month since local water use restrictions were eased in April 2017.
The City Council unanimously agreed to receive and file this report.
9. LEGISLATIVE UPDATE
Deputy City Manager provided an update of proposed key legislative items.
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COUNCILMEMBER COMMENTS AND REPORTS
Councilmember Puckett
Congratulated a young man in the audience who is receiving his Eagle Scout Badge in
November.
August 4
Attended a field tour with the Transportation Corridor Agencies (TCA) of the toll roads.
August 10
Attended the Transportation Corridor Agencies (TCA) Board of Directors meeting.
August 11
Attended the Marine Corps Stingers Squadron Open House event at Camp Pendleton.
August 13
Attended the 1921 NASH Presentation at Cox Market Place; congratulated Phil Cox on the
display.
August 14
Announced he had the pleasure of celebrating Mayor Bernstein's birthday.
August 15
Attended the FLIGHT at Tustin Legacy Groundbreaking Event.
Announced the passing of Mr. Gerry Aust; services to be held on Wednesday, August 16tH
At Red Hill Lutheran Church
Councilmember Gomez
August 3
Participated in a Tustin Police ride along; thanked Police Officer Matt Roque and the on
duty officers for sharing their time and their expertise; stated the following regarding the ride
along:
o spoke with citizens about their safety concerns
o thanked the officers and the people that were met that night
o interactions with the public demonstrate the depth of the police officers training
o leadership of the department is evident
o the community should be very proud of the women and men that serve the City of
Tustin
August 11
o Attended the Senior Center Advisory Committee (SCAC) meeting held at the Cal
Optima offices in Orange; featured speaker was Joe Ford, a Veterans Claims Officer
from the Orange County Veterans Service Office.; stated Mr. Ford gave a very
thorough presentation on the Veterans Service Office, Disability and indemnity
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Compensation, Pensions, Survivor's benefits and VA caregiver support; Veterans
are encouraged to visit the Orange County (OC) Veterans office in Santa Ana at
1300 S. Grand Avenue; announced Veterans can also visit the website at
www. veterans. ocgov.com if a Veteran is notable to be present, a Power of Attorney,
can be provided to assist with establishing benefits.
o Announced there will be a South County Veterans Resource Fair on Tuesday,
September 19, 2017 at 10:00 am at Saddleback College.
o The plan amendment on the Orange County Strategic Plan on Aging was
submitted to the California department of Aging.
o SeniorSery reported there will be a $200,000 funding shortfall which was
mentioned last month; may result in the number of meals delivered to the
seniors.
o Announced other resources on Aging:
■ Senior Center without Walls.org — a concept that might help reach out
to more seniors
■ The Area Agency on Aging in Napa and Solano Counties has some
additional resources that might be helpful to model as resources are
developed.
o Jeffrey Rodriguez from Social Security reminded everyone of the upcoming
open enrollment for Medicare.
o Attended the Senior Center Luau; over 100 in attendance; seniors had a wonderful
time with the food and entertainment.
o Announced two volunteer from Micah's Way indicated how much they loved
volunteering at the Tustin Senior Center; they shared that Recreation Supervisor,
Marilyn Buescher and Recreation Coordinator, Garrison DeVine were wonderful to
work with and how much they do to assure the seniors feel welcome; enjoyed hearing
that type of feedback from citizens about city employees and city services.
Tribute to Gerry Aust:
could talk about Gerry's accomplishments, but I'd rather talk about the man. I met Gerry
many years ago when he was a middle school principal. Many of us knew Gerry as a
teacher, administrator, volunteer and friend. He mentored, thousands of students and
probably hundreds of teachers and principals in Tustin Unified School District (TUSD).
It did not matter if Gerry saw you yesterday or 6 months ago, he still greeted you loudly with
a big smile and a big hug. Gerry was well known by thousands of Tustin students as Mr.
Aust who taught them and led them on Washington, D.C. trips. I often talked with Gerry
about many DC sights. It took years, but I finally knew about one monument that he didn't!
Gerry loved Concerts in the Park — he would relish the summer Wednesdays to connect
with friends. He would often lament that he didn't know the bands or the songs, but would
proceed to dance and have a glass of wine, anyway. However, when he knew a song, he
would raise his hands and say "I know this one!"
A testimony to Gerry's generosity was when he and a few others way overbid for a 20 person
pizza party at the TPSF golf tournament last spring. He thought it was a good cause —
always for the kids and it was a way to get together. That party took place last Thursday
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with many of us in attendance except for Gerry and Diane because Gerry was not feeling
well. We spent a great deal of the evening discussing the fact that he was just at Concerts
the previous night, but didn't look well. People were checking on Gerry and Diane
throughout the evening. Many e-mails were being sent between friends that evening and
Sunday. We were shocked to lose such a vibrant, enthusiastic man.
My condolences to Diane and his children and grandchildren. There is a hole in Tustin
tonight, but let's remember his spirit, his enthusiasm, and his love for his community. Let's
fill that hole with a bit more kindness and a bit more volunteerism. His loss will be felt by the
many groups he served and people that he worked with.
Well, my friend, on your next stop, I will bet that you know all the songs!
Councilmember Clark
August 11
Participated in a Tustin police ride along with Officer Robert Nelson; enjoyed the experience;
thanked Officer Nelson for his time, for listening to the concerns of the citizens, and for going
above and beyond his call of duty; thanked Tustin Police Chief Charles F. Celano for the
allowing the ride along.
August 12
Attended the Explorium: Destination Kids Competition Awards Ceremony at the Orange
County Fair; the Boys and Girls Club of Tustin received several awards; applaud the Boys
and Girls Club for always encouraging their members to enter into the contest at the Orange
County Fair.
August 15
Attended the FLIGHT at Tustin Legacy Groundbreaking Event; well-done event; thanked
the staff for their hard work with the FLIGHT project.
Offered condolences to the Aust family on the passing of Mr. Gerry Aust.
Mayor Pro Tem Murray
August 3
Attended the F-35 Cockpit Demo at Parker Aerospace as a guest of Congresswoman Mimi
Walters; flew the simulator of America's newest fighter jet and landed it successfully on an
aircraft carrier.
August 9
o Attended the Tustin Chamber of Commerce Breakfast with Councilmember Puckett;
Tustin Police Sergeant Duane Havourd was recognized as the May Officer of the
Month; Tustin Detectives Eric Haug and Ryan Newton aka Batman and Robin were
recognized as the June Officers of the Month.
o Attended the Orange County Fire Authority (OCFA) Budget and Finance Committee
meeting.
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August 10
Attended the California League of Cities General Membership meeting and SB1
presentation by Orange County Transportation Authority (OCTA) CEO Darrell Johnson;
congratulated Mayor Bernstein who was elected as the Orange County League of Cities
Third District representative.
August 13
Attended the 1921 NASH Presentation at Cox Market Place; congratulated Phil Cox on the
display.
August 14
o Attended the Orange County Transportation Authority (OCTA) Board meeting;
continued discussions on the 405 Freeway Improvement Project and the outreach
efforts to the corridor city communities regarding 9 bridge renovations along the
corridor.
o Wished a Happy Birthday to Mayor Bernstein who celebrated his birthday.
August 15
o Attended the Orange County Transportation Authority (OCTA) Board meeting;
reported the City of Tustin received $169,556 in grant funds from OCTA to be used
to reduce transportation related pollution to water; OCTA received 24 applications
and Tustin was one of 16 cities selected to receive funding; funds come from the
Measure 1/2 cent sales tax allocated to the Environmental Cleanup Program;
congratulated Douglas S. Stack, Director of Public Works and staff for submitting the
application and receiving the grant.
o Attended the FLIGHT at Tustin Legacy Groundbreaking Event; well-done event;
Flight is the new 900,000 square foot technology workplace; congratulated John
Buchanan, Director of Economic Development Department, and the rest of the city
staff involved with the FLIGHT project.
Thoughts and prayers to Diane Aust and her family in their loss of Gerry Aust a pillar of the
Tustin community. Gerry will missed.
Mayor Bernstein
August 4
Attended the Orange County Water Advisory Board Committee meeting.
August 5
Attended the Murder Mystery Dinner at Wilcox Manor.
August 9
Attended the Orange County Local Area Formation Committee (LAFCO) meeting.
August 10
Attended the California League of Cities General Membership meeting; was elected as the
Orange County League of Cities Third District representative; looking forward to serving the
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city and county in that capacity.
August 11
Attended the Marine Corps Stingers Squadron Open House event at Camp Pendleton;
Stinger Squadron gifted the City of Tustin with an United States flag which was flown over
Okinawa, Japan during a military mission.
August 15
Attended the FLIGHT at Tustin Legacy Groundbreaking Event; well-done event; thanked
and congratulated the staff for their hard work with the FLIGHT project.
ADJOURNED IN MEMORY OF
GERRY AUST
ADJOURNED at 8:04 p.m. The next meeting is scheduled on Tuesday, September 19,
2017 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 August 15, 2017
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