HomeMy WebLinkAbout02 CC MINUTES 2.20.18Agenda Item 2
Reviewed:
City Manager ENR
Finance Director N/A
CITY OF TUSTIN REGULAR
FEBRUARY 20, 2018
MEETING OF THE CITY COUNCIL
COUNCIL CHAMBER
AND TUSTIN HOUSING AUTHORITY
300 CENTENNIAL WAY, TUSTIN
r
Rebecca Gomez, Mayor Pro Tem
Jeffrey C. Parker, City Manager/
Dr. Allan Bernstein, Councilmember
Al Murray, Mayor City Treasurer
Charles E. Puckett, Councilmember
Erica N. Rabe, City Clerk
Letitia Clark, Councilmember
David E. Kendig, City Attorney
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
5:30 P.M.
CALL TO ORDER — Meeting #2428 at 5:37 p.m.
ROLL CALL — City Clerk
Present: Mayor Murray, Mayor Pro Tem Rebecca Gomez, and Councilmembers
Dr. Allan Bernstein, 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 on the Closed Session Agenda including conferring with City Negotiators
Jeffrey C. Parker and John Buchanan under Real Property Negotiations and Labor
Negotiators Derick Yasuda. Peter Brown will not be attending Closed Session.
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):
(Two Cases)
City Council February 20, 2018
Meeting Minutes Page 1 of 12
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (One Case)
A. Potential Challenges to SB50: Conveyance of Federal Public Lands
3. LIABILITY CLAIMS - [Government Code § 54956.95] — (One case)
A. Claim No. 17-44, Claim of Geico Insurance Co. obo Edward Aelenei.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (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
Negotiating Parties OMBRP, LLC (Brookfield)
Under Negotiation Price and Terms of Payment
5. LABOR NEGOTIATIONS - Government Code Section 54957.6
Agency Negotiators:
Derick Yasuda, Director of Human Resources and Peter
Brown, Liebert Cassidy Whitmore
Employee Organization:
Tustin Municipal Employees Association (TMEA)
Employee Organization:
Tustin Police Officers Association—Management Unit
(TPMA)
Employee Organization:
Tustin Police Officers Association—Officer Unit (TPOA)
Employee Organization:
Tustin Police Support Service Association (TPSSA)
Employee Organization:
Unrepresented Confidential Employees
Employee Organization:
Unrepresented Supervisory Employees
Employee Organization:
Unrepresented Executive Management and Management
Employees
Employee Organization:
Unrepresented Part -Time Employees
Recessed at 5:38 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2428 at 7:05 p.m.
City Council February 20, 2018
Meeting Minutes Page 2 of 12
INVOCATION - Taka Iguchi, Voice Church
PLEDGE OF ALLEGIANCE — Councilmember Puckett
PRESENTATIONS — Orange County Sanitation District: Director of Finance Lorenzo Tyner
provided a PowerPoint presentation.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council discussed case
one of two under Item No. 1, discussed Item No. 2, and unanimously denied Claim No. 17-
44. The Council will reconvene after the Regular meeting to discuss the remaining items.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Kim DeBenedetto
2. Chris Vallevieni
3. Lisa Danese
CONSENT CALENDAR ITEMS 1-8
It was moved by Mayor Murray and seconded by Councilmember Puckett to pull Items 5, 6
and 7 and approve 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 FEBRUARY 6, 2018.
Motion: That the City Council approve the Action Minutes of the Regular Meeting
of the City Council held on February 6, 2018.
3. RATIFICATION OF PAYROLL AND DEMANDS
City Council February 20, 2018
Meeting Minutes Page 3 of 12
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 amounts of $737,016.74;
and Demands in the amount of $6,316,058.73.
4. ADOPT RESOLUTION NO. 18-10 ORDERING THE PREPARATION OF THE
ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2018-2019
State law requires an engineering analysis each year to identify property benefits
and to levy assessments in the Tustin Landscape and Lighting District. Resolution
No. 18-10 orders the preparation of the Engineer's Report for the Tustin
Landscape and Lighting District Levy of Annual Assessments for Fiscal Year
2018-2019.
Motion: That the City Council adopt Resolution No. 18-10 ordering the
preparation of the Engineer's Report for the Tustin Landscape and Lighting
District Levy of Annual Assessments for Fiscal Year 2018-2019.
RESOLUTION NO. 18-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER'S REPORT
FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2018-2019
5. AWARD OF CONTRACT FOR TUSTIN LIBRARY RESTORATION PROJECT
CIP 10080
Staff is requesting that the City Council award the construction contract for the
Tustin Library Restoration Project CIP No. 10080 to the lowest
responsive/responsible bidder, TBC Contractors Corporation. The award amount
reflects the City's option to accept the bid alternate providing new carpet in lieu
of salvage/cleaning and reinstallation over the raised floor subarea.
It was moved by Councilmember Bernstein and seconded by Mayor Murray to:
Appropriate $1,076,034 from the General Fund -Capital Improvement
Program (Fund 200) for the Tustin Library Restoration Project (CIP No
10080) for a total project appropriation of $1,301,034;
2. Award the construction contract for the Tustin Library Restoration Project
CIP No. 10080 to the lowest responsive/responsible bidder, TBC
Contractors Corporation, in the amount of $748,315.97 adjusted for the bid
alternate and authorize the Mayor and the City Clerk to execute the
contract documents on behalf of the City; and
City Council February 20, 2018
Meeting Minutes Page 4 of 12
3. Adopt Resolution No. 18-09 authorizing the use of County of Orange
Cooperative Purchasing Program Contract #RCA -017-18010006 for
Suddath Relocation Systems of California, Inc. in the amount of $56,100
as a precautionary measure should the work require immediate and
orderly relocation of library materials from the direct work area.
Motion carried: 5-0
RESOLUTION NO. 18-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AUTHORIZING THE COUNTY OF ORANGE COOPERATIVE
PURCHASING PROGRAM TO PURCHASE CERTAIN ITEMS
6. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR
RECREATION MANAGEMENT SOFTWARE
Approval of a Professional Services Agreement between the City of Tustin and
CivicPlus, to provide the City with recreation management software for program
registrations and facility reservations.
It was moved by Mayor Pro Tem Gomez and seconded by Councilmember Clark
to authorize the Mayor and the City Clerk to execute a Professional Services
Agreement with CivicPlus for the purchase, implementation and deployment of
CivicRec Recreation Management Software.
Motion carried: 5-0
7. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR CITY
WEBSITE AND MOBILE APPLICATION DEVELOPMENT AND
MANAGEMENT
Approval of a Professional Services Agreement between the City of Tustin and
CivicPlus to develop a user-friendly, self-service government web environment
for the community, including development of a new mobile application.
It was moved by Councilmember Clark and seconded by Mayor Pro Tem Gomez
to authorize the Mayor and the City Clerk to execute a Professional Services
Agreement with CivicPlus for the design, development and deployment of the
CivicEngage Content Management System.
Motion carried: 5-0
8. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY
City Council February 20, 2018
Meeting Minutes Page 5 of 12
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.
Motion: That the City Council receive and file the report.
REGULAR BUSINESS ITEMS 9-10
9. ON -STREET PARKING IN OLD TOWN RESIDENTIAL AREA
PowerPoint presentation by Principal Planner Scott Reekstin.
During the past several years, Old Town residents have expressed concerns
about the impacts related to an increase in on -street parking in the Old Town
residential area. Concerns were expressed at the various public workshops and
public hearings held on the subject of second residential units in Old Town Tustin
in 2013, 2014, and 2015, and when the Vintage residential project was
considered and approved in 2016.
To address these concerns, the City Council directed staff on September 15,
2015, and November 15, 2016, to take several actions including: the facilitation
of permit parking requests; increased enforcement; an updated overnight vehicle
count; a resident survey; a community workshop; meeting with apartment
managers; studying potential parking impacts in conjunction with the proposed
Downtown Commercial Core Plan; and outreach to the Tustin Acres community.
The City Council also directed staff to report back with its findings and to
recommend a strategy for the Council's consideration.
On June 6, 2017, staff reported back to the City Council, and the Council directed
staff to mail a summary of a proposed permit parking program and a ballot/petition
to all property owners and tenants within the Old Town residential area; and to
report back to the Council. Advance notices and advisory ballots were mailed out
in the summer of 2017 to over 650 individuals. 269 completed ballots were
received on or prior to September 15, 2017. Overall, 60 percent of the
respondents expressed support for permit parking, while 40 percent of the
respondents expressed opposition.
This report summarizes: 1) the ongoing concerns related to on -street parking in
the Old Town residential area; 2) the City's 2015 and 2016 Old Town on -street
parking counts and findings; 3) public outreach undertaken to address the issue;
4) a summary and analysis of the advisory ballots; and, 5) a recommendation to
implement one (1) of two (2) alternatives for permit parking in the Old Town
residential area.
City Council February 20, 2018
Meeting Minutes Page 6 of 12
Public Input:
1. Thomas K
2. Christine Johnson-Somes
3. Charlene DeBar
4. Edward Wellman
5. John Keelin
6. Bob Nason
7. Sharon Swoboda
8. Michael Stoney
9. Juan Facio
10. David Kozlik
11. Stephen Jones
12. RJ Schwichtenberg
13. Linda Jennings
It was moved by Mayor Murray and seconded by Councilmember Bernstein to
set the required ordinance for first reading on March 7, 2018 and implement
permit parking in the Old Town residential area in accordance with Alternative
Two with input from staff to revisit the maximum number of permits.
City Manager Jeffrey C. Parker recommended to implement Alternative Two and
direct staff to return with an update in six months.
Amended Motion: It was moved by Mayor Murray and seconded by
Councilmember Bernstein to adopt Alternative Two with a six month trial period.
Friendly Amendment: Mayor Pro Tem Gomez proposed a review period after
issuance of 500 permits versus six months.
It was moved by Mayor Murray and seconded by Councilmember Bernstein to
incorporate the friendly amendment to set the required ordinance for first reading
on March 7, 2018 and implement permit parking in the Old Town residential area
in accordance with Alternative Two and implement a trial period of six months or
issuance 500 permits, whichever is first.
Motion carried: 5-0
Recessed at 8:41 p.m.
Reconvened at 8:47 p.m.
10. FIRST READING OF ORDINANCE NO. 1492 ESTABLISHING
COMPENSATION AND TERMS OF OFFICE FOR THE BUILDING BOARD OF
APPEALS
City Council February 20, 2018
Meeting Minutes Page 7 of 12
Staff recommends that the City Council approve compensation for the Building
Board of Appeals in the amount of $150 per Board Member per meeting attended
and establish staggered terms for the members of that Board.
It was moved by Councilmember Puckett and seconded by Councilmember
Bernstein to have first reading by title only of Ordinance No. 1492.
Mayor Pro Tem Gomez requested clarification on who would determine which
members would be appointed to the initial two year versus four year term.
City Attorney David E. Kendig responded that the determination would be
Council's discretion.
Motion carried: 5-0
ORDINANCE NO. 1492
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING ARTICLE 1, CHAPTER 5 OF THE TUSTIN CITY
CODE REGARDING COMMISSIONER AND BOARD MEMBER
COMPENSATION AND TERMS
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager Jeffrey C. Parker
February 15
Attended the Association of California Cities of Orange County (ACCOC) Orange County
Homelessness Solutions Dinner with Mayor Murray, Councilmember Bernstein, and Deputy
Director of Economic Development Jerry Craig; discussed the homeless issue along the
Santa Ana Riverbed; the County of Orange will issue vouchers which will allow temporary
housing for those living along the riverbed to live free -of -charge, in local motels for thirty
(30) days; thirty-one (31) out of the thirty-four (34) cities in Orange County have put a lot of
effort into finding permanent housing for the homeless; goal is to have 2,700 units be
established in Orange County for the homeless; thanked Mayor Murray and Councilmember
Bernstein for the actions the City has taken for moving forward with the homelessness issue.
COUNCILMEMBER COMMENTS AND REPORTS
Councilmember Bernstein
February 6
Attended the Association of California Cities of Orange County (ACCOC) Water Summit
Breakfast; discussed California Water Fix; General Manager of the Metropolitan Water
District, Jeffrey Kightlinger, was a speaker at the breakfast.
City Council February 20, 2018
Meeting Minutes Page 8 of 12
February 7
Attended the Orange County Sanitation District Operations meeting; discussed rate
increases; thanked Orange County Sanitation District Director of Finance and
Administrative Services, Lorenzo Tyner for the information.
February 8 & 9
Attended the Urban Water Institute conference; was a speaker at the conference and was
able to be on a panel regarding who's in control and who controls the water in the state of
California; thanked Tustin Director of Public Works, Douglas S. Stack for his knowledge and
putting together the slide show presentation.
February 14
Attended the Local Agency Formation Commission (LAFCO) of Orange County meeting.
February 15
Attended the Association of California Cities of Orange County (ACCOC) Orange County
Homelessness Solutions Dinner; Tustin is targeted for 67-69 permanent housing units for
homeless veterans; City of Tustin has taken a leadership position with homeless veterans.
February 16
Attended the Orange County Sanitation District Winterfest event; Congressman Dana
Rohrabacher was in attendance; the Orange County Water District and the Orange County
Sanitation District returned over one hundred (100) million gallons of water in a twenty-four
(24) hour period back into the aquifer, setting a Guinness World Record; congratulated
Orange County Water District and the Orange County Sanitation District on setting the
Guinness World Record.
February 17
Attended the Miss Tustin Scholarship Pageant; congratulated Raena Ramirez and her court
for becoming the new Miss Tustin; congratulated Emma Foss, on her year of serving as the
2017 Miss Tustin; is looking forward to a fun year.
Councilmember Puckett
February 8
o Attended the Transportation Corridor Agencies (TCA) Board meeting.
o Attended the Orange County Business Council (OCBC) Annual Installation Banquet
Dinner.
February 14
Attended the Tustin Chamber of Commerce Monthly Breakfast; congratulated Officer
Charlie Carter as the recipient of the Tustin Officer of the Month.
February 15
Attended the Tustin Police Department Swearing In and Promotion Ceremony; amazing
ceremony.
City Council February 20, 2018
Meeting Minutes Page 9 of 12
February 17
Attended the Miss Tustin Scholarship Pageant; congratulated Raena Ramirez and her court
for becoming the 2018 Miss Tustin.
Looking forward to the Tustin Community Foundation, Sip and Stroll on Saturday, February
24, 2018.
Councilmember Clark
February 7
Spoke at the weekly Realtors Brokers Preview meeting; very good crowd in attendance.
February 11
Spoke to the Miss Tustin contestants at their last workshop before the Miss Tustin Pageant;
gave words of advice and encouragement.
February 15
Attended the Orange County Mosquito and Vector Control District Board meeting; had their
Year in Review report; they have significantly increased their outreach, with a robust
marketing campaign which they received grant money to do.
February 17
Attended the Miss Tustin Scholarship Pageant; congratulated Raena Ramirez and her court
for becoming the 2018 Miss Tustin; congratulated Emma Foss, on her year of serving as
2017 Miss Tustin.
Announced last week the country faced an unthinkable tragedy with the fatal shooting at
Marjory Stoneman Douglas High School in Parkland, Florida; society needs to remain
prepared for emergencies and to be thankful for local law enforcement; we need to remain
diligent with protecting ourselves; thoughts and prayers are with the Parkland, Florida
community.
Mayor Pro Tem Gomez
February 7
Attended the City of Buena Park State of the City Luncheon at the Knott's Berry Farm Hotel;
nice to see what other cities are doing with their redevelopment; the centerpieces
represented the various businesses in the city.
February 9
Attended the Orange County Senior Advisory Board; Tustin was the host for the meeting;
Lisa Gibson, representative from the Orange County Strategic Plan for Aging provided an
update on the Food Security and Nutrition committee; is one of ten (10) initiatives to address
senior issues in Orange County; the Cal Fresh program participation has been low due to
misinformation and the complicated application process; six (6) month goal was to enroll
one hundred forty-two (142) more seniors; were able to surpass their goal and enroll one
City Council February 20, 2018
Meeting Minutes Page 10 of 12
hundred eighty-two (182) seniors; senior grocery distribution has also been improved.
February 15
Attended the Tustin Police Department Swearing In and Promotion Ceremony; wonderful
to see the new additions to the Tustin Police Department and celebrate their milestone with
their families; kudos to Police Chief Charles F. Celano, Jr. for having officers introduce their
family members in attendance; especially proud of 2011 Cypress graduate, Kaylee
Kuykendall on her promotion to Tustin Communications Officer II.
Announced as elected officials, we cannot sit by while these school shootings continue to
occur; we have to stand-up and speak out; this can happen in any community, to anyone's
children; we must speak out and send our opinions up the chain, so this doesn't continue to
occur.
Mayor Murray
February 12
Attended the Orange County Transportation Authority (OCTA) Board meeting; Lisa Bartlett,
OCTA Chairwoman gave her initiative and goals for the upcoming year.
February 13
Presented an update on the Orange County Transportation Authority (OCTA) at the Orange
County Asian Business Association Luncheon.
February 14
o Attended the Tustin Chamber of Commerce Monthly Breakfast; congratulated Tustin
Officer Charlie Carter as the recipient of the Tustin Officer of the Month.
o Attended the Orange County Fire Authority (OCFA) Budget and Finance meeting;
reviewed the monthly investment report.
February 15
o Attended the Orange County Transportation Authority (OCTA) Legislative and
Communications Committee meeting; primary objective was establishing the State
and Legislative platform for 2018.
o Attended the Tustin Police Department Swearing In and Promotion Ceremony; was
an outstanding ceremony; congratulated Police Chief, Charles F. Celano, Jr. for
bringing great staff to the Tustin Police Department.
o Attended the Association of California Cities of Orange County (ACCOC)
Homelessness Solutions Dinner; thirty-one (31) of the thirty-four (34) Orange County
cities were in attendance; homelessness solutions are a county -wide effort.
February 17
o Spoke at the Orange County Transportation Authority (OCTA) Lunar New Year
Metrolink Celebration held at the Irvine Transportation Center; annual event; over
two hundred and fifty (250) people in attendance; great event.
City Council February 20, 2018
Meeting Minutes Page 11 of 12
o Unable to attend the Miss Tustin Scholarship Pageant; congratulated Raena
Ramirez and her court for becoming the 2018 Miss Tustin; congratulated Emma
Foss, on her year of serving as Miss Tustin 2017; congratulated Master of
Ceremony's TyRon Jackson on a job well done.
Shared that he took a fishing trip, caught over five hundred (500) pounds of yellowfin tuna;
donated some of the tuna to the Orange County Rescue Mission.
Participated in a walk -along in the new shopping center at the Tustin Legacy; spoke to many
of the new business owners in the complex; businesses are doing well; would like an update
from staff regarding the Hoag Medical Center which is currently being built in the Tustin
Legacy.
Expressed that the tragedy in Parkland, Florida has been a major focus; knows the Tustin
Police Chief, Charles F. Celano, Jr., and the Tustin Unified School District are making sure
the schools in Tustin are safe; knows it's an ongoing discussion.
Thanked staff and colleagues for the discussions and dialogue on the parking situation, was
very well handled; very difficult subject.
Recessed to Closed Session at 9:11 p.m.
Reconvened at 11:30 p.m.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
ADJOURNED at 11:33 p.m. The next meeting is scheduled on Wednesday, March 7, 2018
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 February 20, 2018
Meeting Minutes Page 12 of 12