HomeMy WebLinkAboutCC MINUTES 10-17-17CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
Al Murray, Mayor Pro Tem
Rebecca Gomez, Councilmember
Charles E. Puckett, Councilmember
Letitia Clark, Councilmember
OCTOBER 17, 2017
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
Jeffrey C. Parker, City Manager
Dr. Allan Bernstein, Mayor David E. Kendig, City Attorney
Erica N. Rabe, City Clerk
Jeffrey C. Parker, City Treasurer
MINUTES OF THE CLOSED SESSION MEETING
OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — Meeting #2421 at 5:34 p.m.
ROLL CALL — City Clerk
Present: Mayor Dr. Allan Bernstein, Mayor Pro Tem Murray, 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: 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:
CONFERENCE WITH LEGAL COUNSEL ---ANTICIPATED LITIGATION - Significant
exposure to litigation pursuant to Government Code § 54956.9(d)(2):
(Two Cases)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (Two Cases)
City Council October 17, 2017
Meeting Minutes Page 1 of 10
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.81: (One Case)
A. Property 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
Address/Description 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/Brookfield Huntley/Tustin Legacy.
LLC
Under Negotiation Price and Terms of Payment
Recessed at 5:35 p.m.
Councilmember Gomez arrived at 5:45 p.m.
MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2421 at 7:07 p.m.
INVOCATION — Pastor Dr. Bernardo Ramirez
PLEDGE OF ALLEGIANCE — Councilmember Clark
PRESENTATIONS —
Board of Directors President Armen Karamardian provided a PowerPoint presentation
regarding the Tustin Public Schools Foundation.
Mayor Bernstein presented a Proclamation to Jeffrey Vu and Kristin Rhodes in honor of
National Nurse Practitioner Week: November 12 -18, 2017.
Robin Ganahl and Mika Savani from Mothers Out Front provided a PowerPoint presentation
regarding Community Choice Energy.
ORAL COMMUNICATIONIPUBLIC INPUT -
1. Michael Rotcher
City Councif October 17, 2017
Meeting Minutes Page 2 of 10
2.
Roger Gloss
3.
Trisha Yount
4.
Kirsten Andersen
5.
Lauren Ganahl
6.
Teri Osborne
PRESENTATIONS (CONTINUED) -
Orange County Fire Authority Division Chief Andy Kovacs provided a PowerPoint
presentation regarding the Canyon 2 Fire.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council took no
reportable action.
CONSENT CALENDAR ITEMS 1-5
It was moved by Mayor Pro Tem Murray and seconded by Councilmember Puckett to pull
Item No. 4 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 OCTOBER 3, 2017 AND THE SPECIAL MEETING OF THE CITY
COUNCIL HELD ON OCTOBER 12, 2017
Motion: That the City Council approve the Action Minutes of the Regular Meeting
of the City Council held on October 3, 2017 and the Special Meeting of the City
Council held on October 12, 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 $713,270.49;
and Demands in the amount of $4,595,938.69.
City Council October 17, 2017
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4. SENIOR CENTER TRANSPORATION RECEIVES TWO (2) 2017 FORD
STARCRAFT 16 PASSENGER (WITH 2 WHEELCHAIR) BUSSES THROUGH
CALTRANS FTA TRADITIONAL SECTION 5310 PROJECT
The Tustin Area Senior Transportation Program applied for the Caltrans FTA
Traditional Section 5310 Projects: Enhanced Mobility of Seniors and Individuals
with Disabilities Grant on December 1, 2014, and was awarded two (2) Class C -
Large Duty Paratransit Busses in January 2015. The process was to take
approximately 18-24 months for procurement and the busses have been
received.
It was moved by Mayor Pro Tem Murray and seconded by Councilmember
Gomez that the City Council accept the grant of the two (2) 16 -passenger 2017
Ford StarCraft paratransit busses, maintain the current 2008 Chevy EI Dorado
Paratransit Bus, and release the 2006 Ford E-450 Paratransit Bus.
Motion carried: 5-0
5. APPROVAL OF OPERATOR SERVICES AGREEMENT FOR BALL FIELD
MAINTENANCE SERVICES FOR THE TUSTIN SPORTS PARK AND
COLUMBUS TUSTIN PARK SOFTBALL FIELDS
Approval of an Operator Services Agreement between the City of Tustin and
Diamonds Sports Field Maintenance, Inc., to provide the City with ball field
maintenance services for the Tustin Sports Park and Columbus Tustin Park
softball and baseball fields.
Motion: That the City Council authorize the Mayor and the City Clerk to execute
an Operator Services Agreement with Diamonds Sports Field Inc. for one year
with two (2) one-year extensions.
REGULAR BUSINESS ITEMS 6-9
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1484
Ordinance No. 1484 amends Article 9 (Land Use) Chapter 1 of the Tustin City
Code, related to Incentives for the Development of Affordable Housing to comply
with recent updates of State law.
It was moved by Councilmember Puckett and seconded by Mayor Pro Tem
Murray that the City Council have second reading by title only and adoption of
Ordinance No. 1484 by roll call vote.
Motion carried. 5-0
City Council October 17, 2017
Meeting Minutes Page 4 of 10
ORDINANCE NO. 1484
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AMENDING TUSTIN CITY CODE ARTICLE 9, CHAPTER 1, IN
ITS ENTIRETY RELATING TO INCENTIVES FOR THE DEVELOPMENT OF
AFFORDABLE HOUSING
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1485
Ordinance No. 1485 amends the Tustin City Code by expanding upon the City's
current smoking and park regulations to clarify that smoking is prohibited in public
parks. Additionally, if adopted, the proposed ordinance would clarify that use of
electronic cigarettes and similar devices is prohibited in all areas of the City where
smoking is prohibited.
Public Input:
1. Farihah Chowdhury
2. Nancy Segovia
It was moved by Councilmember Clark and seconded by Councilmember Gomez
that the City Council have second reading by title only and adoption of Ordinance
No. 1485 by roll call vote.
Motion carried: 5-0
ORDINANCE NO. 1485
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AMENDING PART 2, CHAPTER 1 OF ARTICLE 4 OF THE
TUSTIN CITY CODE REGARDING THE REGULATION OF SMOKING IN
PUBLIC PLACES, PLACES OF EMPLOYMENT AND CITY -OWNED,
OPERATED OR LEASED FACILITIES, AND SECTION 7112 OF CHAPTER 1
OF ARTICLE 7 OF THE TUSTIN CITY CODE REGARDING PROHIBITED
ACTIVITIES IN PARKS.
Recessed at 8:11 p.m.
Reconvened at 8:21 p.m.
8. ORDINANCE ADOPTING REGULATIONS ON THE USE OF UNMANNED
AIRCRAFT (DRONES)
City Attorney David E. Kendig provided a PowerPoint presentation.
The growing use of unmanned aerial systems (known commonly as "drones") has
given rise to concerns about public safety. While Federal aviation law preempts
many local efforts to regulate drones while in flight, the City Council may wish to
adopt regulations limiting how and where drones may take off and land, and
City Council October 17, 2017
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regulating what property owner permissions are required to be obtained by drone
operators.
Public Input: Kelsey Brewer, Policy Manager, Association of California Cities of
Orange County
It was moved by Mayor Pro Tem Murray and seconded by Councilmember
Puckett that the City Council conduct the first reading by title only of Ordinance
1487 and direct staff to schedule the Ordinance for second reading and adoption
at the next regular meeting of the Council.
Motion carried: 5-0
ORDINANCE NO. 1487
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING CHAPTER 11 TO ARTICLE 4 OF THE TUSTIN CITY
CODE REGARDING THE REGULATION OF UNMANNED AIRCRAFT.
9. TUSTIN LEGACY BACKBONE INFRASTRUCTURE FINANCING PROGRAM -
2017 UPDATE
Deputy Director of Public Works Ken Nishikawa provided a PowerPoint
presentation.
A 2017 updated analysis has been completed of the fair share contributions
required of development areas at Tustin Legacy to finance Tustin Legacy
Backbone Infrastructure to serve new development.
It was moved by Councilmember Puckett and seconded by Councilmember
Gomez that the City Council:
1. Receive and approve the 2017 Update of the Tustin Legacy Backbone
Infrastructure Financing Program and Tustin Legacy Fair Share Analysis;
and
2. Direct staff to utilize the fair share allocations for specific development
areas in negotiated sale or conveyance transactions, including those
transactions that involve development agreements, disposition and
development agreements and/or other transaction agreements at Tustin
Legacy necessary to accommodate private development.
Motion carried: 5-0
OTHER BUSINESSICITY MANAGER AND CITY ATTORNEY
City Manager Jeffrey C. Parker
City Council October 17, 2017
Meeting Minutes Page 6 of 10
Thanked Director of Public Works Douglas S. Stack, Public Works staff, Director of
Economic Development John Buchanan, Economic Development staff, Deputy City
Manager Matthew West, and the Community Development staff for their hard work and
dedication with the Tustin Legacy Backbone Infrastructure project.
COUNCILMEMBER COMMENTS AND REPORTS
Councilmember Puckett
Announced that the drone privacy factor (in regards to Agenda Item No. 8) is very important.
October 4
Attended the Orange County Sanitation District meeting.
October 5
o Attended the Southern California Association of Governments (SCAG) meeting;
keynote speaker was Governor Jerry Brown.
a Attended the Tustin Tiller Days V.I.P Kick -Off Dinner.
October 7
o Attended the Tustin Tiller Days Pancake Breakfast sponsored by the Tustin Chamber
of Commerce.
c Participated in the Tustin Tiller Days Parade.
October 8
o Attended the Tustin Tiller Days Tiny Tillers competition.
o Attended the Orange County Rescue Mission Graduation Ceremony; very
impressive program and event.
October 10
Toured the Canyon Fire 2 staging area and burn areas, with Orange County Fire Authority
(OCFA) Division Chief Andy Kovacs.
October 11
Attended the Tustin Chamber of Commerce Monthly Breakfast.
October 12
o Attended the Transportation Corridor Agencies (TCA) Board of Directors meeting.
o Attended the Tustin Special City Council meeting.
o Attended the Tustin Hangar Half -Marathon Kick -Off Party.
October 13
Attended the City of Fullerton Mayor's Breakfast; keynote speaker was Mark Whitacre,
author of the book, Against AN Odds.
October 16
Attended the Hispanic Chamber of Commerce Golf Tournament.
City Council October 17, 2017
Meeting Minutes Page 7 of 10
Councilmember Gomez
October 5
o Met with Dr. Stephanie Phillips from the Santa Ana Unified School District.
n Attended the Tustin Tiller Days V.I.P Kick -Off Dinner.
October 6
Announced due to a work conflict she was unable to attend the Emergency Medical Care
Committee meeting.
October 7
o Attended the Tustin Tiller Days Pancake Breakfast; sponsored by the Tustin
Chamber of Commerce.
o Participated in the Tustin Tiller Days Parade; great to see former Mayors of Tustin
participate in the parade.
o Volunteered in the Tustin Tiller Days Tilleritaville booth.
.o Thanked Recreation Supervisor Christine Zepeda, Recreation Coordinator Karl
Halili, Recreation Deputy Director Chad Clanton, Tiller Day Chair Larry Sample, all
the volunteers and Parks and Recreation staff for their hard work with the event;
another outstanding Tiller Day event.
October 12
Announced the Orange County Library Advisory Board meeting was canceled.
UI
October 13
Attended the Santa Ana Public Schools Foundation State of Schools Breakfast; wonderful
to hear what other school districts are doing to educate our children.
October 14
Toured the Canyon 2 Fire with Orange County Fire Authority (OCFA) Division Chief Andy
Kovacs, especially the Tustin area most affected by the fire; thanked Chief Kovacs for his
time and hard work.
Announced the Senior Resource Fair is on November 3rd from 9:00 a.m.-12:00 p.m.; County
of Orange will also be providing seniors with flu shots.
Announced Health Insurance Counseling and Advocacy Program (HICAP) counselors will
be available on November 6th for Open Enrollment from 9:00 a.m.-4:00 p.m. at the Tustin
Senior Center.
Councilmember Clark
October 4
o Attended the City of Westminster State of the City; featuring Mayor Tri Ta; received
updates regarding their developments.
o Attended the Community Health Initiative of Orange County Annual Gala.
City Council October 17, 2017
Meeting Minutes Page 8 of 10
October 5
Attended the Tustin Tiller Days V.I.P Kick -Off Dinner.
October 6
o Attended the Emergency Medical Care Committee meeting; several annual reports
were given including the Emergency Ambulance Transportation Performance report
and a report on the Drowning Prevention Campaign; received a video and update on
the Point of Dispensing Exercises happening in Tustin on October 261h from 11:00
a.m.-1:00 p.m. at the Columbus Tustin Activity Center.
o Attended the Tustin Tiller Days Talent Show on the Community Stage; well attended.
October 7
Participated in the Tustin Tiller Days Parade; great job by Tiller Days Parade Chair Cherrill
Cady, Tiller Days Chair Larry Sample, Parks and Recreation staff, and the Tiller Days
Committee.
October 11
Attended the Orange County Business Council Workforce Development Conference; a few
takeaways include the aging population in Orange County; lowest high school drop-out rate
exists in California; and our economy is currently growing strong.
October 12
Participated in the Tustin High School Spanish IV honor's class project; was a witness in
their Human Right's presentations.
Mayor Pro Tem Murray
October 4
Attended the Association of California Cities of Orange County (ACCOC) Economic
Development Symposium at the University of Irvine (UCI); very well attended event.
October 5
Celebrated his daughter's birthday at Disneyland
October 7
o Attended the Tustin Tiller Days Pancake Breakfast sponsored by the Tustin Chamber
of Commerce.
o Participated in the Tustin Tiller Days Parade; congratulated the Tustin Tiller Days
Committee on a great event.
October 9
o Attended the Orange County Transportation Authority (OCTA) Board meeting;
primary issue was the 405FWY.
o fMet with public safety officials to get updates on the Canyon 2 Fire.
October 10
City Council October 17, 2017
Meeting Minutes Page 9 of 10
o Met with Orange County Fire Authority (OCFA), Tustin Police Department, and
mutual agencies at the Emergency Operation Center (EOC) at the Great Park in
Irvine for an update on the Canyon 2 Fire.
o Participated in a ride -a -long with Orange County Fire Authority (OCFA) Division Chief
Andy Kovacs to see the Canyon 2 Fire burned areas of Tustin and Cowan Heights;
Deputy City Manager Matthew West, Communications Manager Stephanie Najera,
and Councilmember Chuck Puckett was in attendance as well.
October 11
o Attended the Tustin Chamber of Commerce Monthly Breakfast; congratulated
Communications Officer of the Month Kayleen Kuykendall on her award.
o Attended the Orange County Fire Authority (OCFA) Budget and Finance meeting.
October 12
o Attended the Association of California Cities of Orange County (ACCOC) Cyber
Security Forum at The Cove at the University of Irvine (UCI).
o Attended the Orange County Transportation Authority (OCTA) Transit Committee
meeting; discussed the new pilot program, Orange County (OC) Flex.
o Interviewed by Foothill High School student Sydney Shimomura.
o Attended the Tustin Special City Council meeting.
October 13
Participated in the Orange County Fire Authority (OCFA) Air Support with Congresswoman
Mimi Walters, OCFA Chief Patrick McIntosh, and OCFA Chair Elizabeth Swift.
Mayor Bernstein
Attended the Orange County Sanitation District Legislative Committee meeting.
October 7
Participated in the Tustin Tiller Days Parade; congratulated the Tustin Tiller Days
Committee on a wonderful event; thanked the Parks and Recreation staff and volunteers
for their hard work in making Tiller Days a successful event.
Thanked Orange County Fire Authority (OCFA) Division Chief Andy Kovacs, OCFA staff,
and Tustin Police Department for their great efforts in protecting residents and their property
during the Canyon 2 Fire.
Announced it was great to be back after missing the past couple City Council meetings.
ADJOURNED at 9:12 p.m. The next meeting is scheduled on Tuesday, November 7,
2017 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at
7:00 p.m. the Council Chamber, 300 Centennial Way, Tustin, California.
DR. ALLAN BERNSTEIN, ERICK N. RABE,
Mayor City Clerk
City Council October 17, 2017
Meeting Minutes Page 10 of 10