HomeMy WebLinkAboutCC MINUTES 03-20-18CITY OF TUSTIN REGULAR MARCH 20, 2018
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
AND TUSTIN HOUSING AUTHORITY 300 CENTENNIAL WAY, TUSTIN
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
5:30 P.M.
CALL TO ORDER — Meeting #2430 at 5:33 p.m.
ROLL CALL — City Clerk
Present: Mayor Al Murray, Mayor Pro Tem Rebecca Gomez and
Councilmembers Dr. Allan Bernstein and 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 City Council will
convene to discuss Item Nos. 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:
1. 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 March 20, 2018
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3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (One Case)
A. Property
Address/Description
Agency
City Negotiators
Negotiating Parties
Under Negotiation
Recessed at 5:34 p.m.
150 E. 1 st Street, APN: 401-583-01
City of Tustin
Jeffrey C. Parker, City Manager; and Jerry Craig,
Deputy Director of Economic Development
Tustin War Memorial, Inc., Al Potenza, CEO
Price and Terms of Payment
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2430 at 7:03 p.m.
INVOCATION — Pastor Seth Britton
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Gomez
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council took no
reportable action.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Brenda Nimota
2. Darlene Savord
3. Bill McInerney
PRESENTATIONS —
On behalf of Congresswoman Mimi Walters, District Representative Luis Reyes presented
a United States Flag to Chief Charles F. Celano Jr. in honor of Master Reserve Officer
Delbert Glen Pickney.
Sanford Smith provided a PowerPoint presentation of the new Hoag Health Center in Tustin.
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CONSENT CALENDAR ITEMS - All matters listed under the Consent Calendar are
considered to be routine and will be enacted by one motion without discussion. Persons
wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form
with the City Clerk. (Agenda Items 1 through 4)
It was moved by Councilmember Bernstein 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 MARCH 7, 2018 AND CLOSED SPECIAL MEETING OF THE CITY
COUNCIL HELD ON MARCH 7, 2018.
Motion: That the City Council approve the Action Minutes of the Regular Meeting
of the City Council held on March 7, 2018 and Closed Special Meeting of the City
Council held on March 7, 2018.
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 amounts of $744,873.63;
and Demands in the amount of $3,917,001.49.
4. 2017 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION
MONITORING STATUS REPORT FOR FEIS/EIR FOR MCAS TUSTIN
SPECIFIC PLAN
The California Government Code requires that the Planning Commission provide
an annual progress report to the City Council on the status of the City's General
Plan and the progress in its implementation, including the progress in meeting
our share of regional housing needs and efforts to remove governmental
constraints to housing development, maintenance, and improvement.
In addition, the City Council certified the Program Final Environmental Impact
Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse
City Council March 20, 2018
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of MCAS Tustin along with its Supplemental and Addendums. The FEIS/EIR
evaluated the environmental impacts of the reuse and disposal of MCAS -Tustin,
which included the adoption of a Mitigation Monitoring and Reporting Program
(MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP requires
annual review to ensure compliance with required mitigations.
On March 13, 2018, the Planning Commission reviewed the General Plan Annual
Report and the Tustin Legacy Annual Mitigation Monitoring Status Report and
authorized staff to forward the reports to the City Council. With Council
authorization, staff will forward the General Plan Annual Report to the State Office
of Planning and Research and the State Department of Housing and Community
Development (HCD) in fulfillment of the State's requirement, and receive and file
the Annual Tustin Legacy Mitigation Monitoring Status Report.
Motion: That the City Council:
Authorize staff to forward the General Plan Annual Report to the State
Office of Planning and Research and the State Department of Housing and
Community Development; and
2. Receive and file the Annual Mitigation Monitoring Status Report and
authorize staff to submit a subsequent report when considerable and
significant activities occur.
PUBLIC HEARING ITEM — A Public Hearing Item provides Individuals the opportunity to
be heard regarding an intended action of the City Council related to land use or fees.
(Agenda Item 5)
5. CODE AMENDMENT 2017-004 (ORDINANCE NO. 1483), TEMPORARY
SIGNS IN THE PUBLIC RIGHT OF WAY
Principal Planner Scott Reekstin provided a PowerPoint presentation.
Code Amendment 2017-004 proposes to amend Article 9 Chapter 4 of the Tustin
City Code, related to temporary signs in the public right-of-way, in accordance
with a 2015 United States Supreme Court decision.
On February 13, 2018, the Planning Commission adopted Resolution No. 4344,
recommending that the Tustin City Council adopt Ordinance No. 1483, approving
Code Amendment 2017-004. (Applicant: City of Tustin)
Public hearing opened at 7:33 p.m.
Public hearing closed at 7:34 p.m.; with no public input.
City Council March 20, 2018
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It was moved by Councilmember Bernstein and seconded by Puckett to have first
reading of Ordinance No. 1483, approving Code Amendment (CA) 2017-004 by
amending Article 9 Chapter 4 of the Tustin City Code (TCC) to:
1. Allow temporary off -premises commercial signs and temporary non-
commercial signs in the public right-of-way;
2. Apply uniform standards that are based on size, location, total number,
posting duration, and placement, rather than content; and,
3. Set a second reading for the April 3, 2018 City Council meeting.
Motion carried: 5-0
ORDINANCE NO. 1483
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING TUSTIN CITY CODE SECTION 9403d7; AMENDING
TUSTIN CITY CODE SECTIONS 9402, 9403d2, 9403e11, 9403e13, 9404a1k,
9404a1 n, 9404a3c, 9406D, and 9406E2; AND DELETING TUSTIN CITY CODE
SECTIONS 9403e14, 9404a1 s, and 9404C6, RELATING TO TEMPORARY OFF
-PREMISES COMMERCIAL SIGNS AND TEMPORARY NON-COMMERCIAL
SIGNS.
REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion. (Agenda Items 6-8)
6. AUTHORIZATION TO SOLICIT REQUEST FOR PROPOSALS FOR SOLID
WASTE COLLECTION SERVICES AND FIFTH AMENDMENT TO CONTRACT
WITH CR&R INCORPORATED FOR SOLID WASTE AND RECYCLING
SERVICES
Principal Management Analyst Stacey Cuevas provided a PowerPoint
presentation.
The current contract with CR&R Incorporated (CR&R) for both residential and
commercial solid waste services will expire on September 30, 2018. Pursuant to
the City's Purchasing Policy staff has prepared a Request for Proposals (RFP)
for new solid waste services. CR&R has agreed to extend the current contract
through March 31, 2019 to ensure the City has sufficient time to solicit and review
proposals and award a new contract.
It was moved by Councilmember Clark and seconded by Councilmember
Bernstein to:
Approve the Fifth Amendment to the Contract for the Collection,
Transportation and Disposal of Municipal Solid Waste and for the
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Collection, Transportation, Processing and Diversion of Recyclable
Materials;
2. Authorize the Mayor and City Clerk to execute the amendment on behalf
of the City;
3. Approve the attached Request for Proposals for the Collection,
Transportation, Processing and Diversion of Recyclable Materials, Food
Scraps, Yard Trimmings, Wood, Construction and Demolition Debris and
other materials and for Collection, Transportation and Disposal of
Municipal Solid Waste;
4. Authorize the Director of Public Works/City Engineer to make non
substantive changes to the RFP and its attachments; and
5. Authorize staff to solicit proposals.
Motion carried: 5-0
7. APPROVAL OF RESOLUTION 18-17 ESTABLISHING A CITY OF TUSTIN
PUBLIC ART POLICY
On May 16, 2016, and November 7, 2017, staff presented the City Council Public
Art Policy options for review since the City Council is considering commissioning
public art projects and accepting artwork gifted to the City. Subsequently, the City
Council referred the policy options to the Community Services Commission for
review and recommendation at a future City Council meeting.
Public Input:
1. Kim DeBenedetto
Director of Parks and Recreation Dave Wilson provided a PowerPoint
presentation.
It was moved by Councilmember Bernstein and seconded by Councilmember
Puckett to adopt Resolution 18-17 establishing a City of Tustin Public Art Policy
and amending the policy to include that the Committee will meet on a project
oriented basis and the Council will review the policy in one year.
Motion carried: 5-0
RESOLUTION NO. 18-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING THE PUBLIC ART POLICY
8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1494
City Council March 20, 2018
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Ordinance No. 1494 amends the Tustin City Code by establishing preferential
permit only parking in the Old Town residential area.
It was moved by Councilmember Puckett and seconded by Mayor Murray to have
second reading by title only and adoption of Ordinance No. 1494.
Motion carried: 5-0
ORDINANCE NO. 1494
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n TO
ESTABLISH PREFERENTIAL PERMIT ONLY PARKING IN THE OLD TOWN
RESIDENTIAL AREA
COUNCILMEMBER COMMENTS AND REPORTS
Councilmember Bernstein
March 7
Attended the ribbon cutting for the new Orange County Animal Shelter in Tustin.
March 9
Attended the Association of California Cities of Orange County Pension Forum;
congratulated City staff for addressing pension issues early on.
March 11
Attended the Tustin Hangar Half Marathon & 5K; thanked the participants, sponsors,
volunteers and colleagues; congratulated the Chamber of Commerce for a successful
event.
March 12
Attended the Orange County Sanitation District Legislative and Public Affairs Committee
meeting; discussed SB5 (Proposition 68) and a $8.9 billion water bond measure headed by
Jerry Meral;
Wished a Happy Birthday to Councilmember Puckett
March 16
Attended the Orange County Local Agency Formation Commission (LAFCO) meeting
Announced The Exchange Club is hosting a Bingo Event on March 24th
Councilmember Puckett
City Council March 20, 2018
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March 7
Attended the ribbon cutting for the Orange County Animal Shelter; invited the public to
attend the opening on Saturday, March 24, 2018
March 9
Attended the Hope International Board of Trustees meeting
March 11
Attended the Tustin Hangar Half Marathon & 5K
March 12
Attended the Pacific Symphony performance at Red Hill Lutheran Church
March 14
Attended the Tustin Chamber of Commerce Breakfast; congratulated Officer of the Month
Michael Carter
March 17
Attended the celebration of life for Nadene Holub, founder of Laurel House.
Councilmember Clark
February 26
Attended the Community Emergency Response Team (CERT) training for the second grade
class at Heritage Elementary School.
March 11
Attended the Tustin Hangar Half Marathon & 5K
Mayor Pro Tem Gomez
March 8
Attended the Climate Change Summit at Columbus Tustin Middle School; wonderful to see
our students engaged in science and sharing their knowledge with the community.
March 10
Attended the National History Day event at the Orange County Department of Education;
one student represented the Tustin Unified District.
March 16
Spoke at the Graves Middle School Career Day; which was her former middle school; was
the first time she was on the campus in many years.
Announced, due to her work schedule, was unable to attend the Orange County Senior
City Council March 20, 2018
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Advisory Board and will report when the minutes are received.
Thanked the Chamber of Commerce for their efforts on the Tustin Hangar Half Marathon &
5K.
Mayor Murray
March 8
o Attended the Orange County Transportation Authority Transit Committee meeting;
Discussed the Street Car project; legislative issues with the State.
o Honored to watch the California Assembly adjourn in honor of Sergeant Del Pickney
led by Assemblymember Marc Steinorth
March 9
o Attended the Association of California Cities of Orange County Pension Reform
o Met with Assemblymember Steven Choi for his Car Seat installation event conducted
by the California Highway Patrol
March 10
Attended the 3rd Annual Run with A Cop at Heideman Elementary School; coordinated by
Officer Matt Roque
March 11
Attended the Tustin Hangar Half Marathon & 5K; thanked the Police Department, Public
Works and the Chamber of Commerce
March 12
Attended the Orange County Transportation Authority Board of Directors meeting
March 13
Participated in the SeniorSery program by delivering meals to Tustin seniors
March 14
o Attended the Tustin Chamber of Commerce Breakfast; congratulated Officer of the
Month Michael Carter for being recognized for his above and beyond service
handling calls involving veterans and military families
o Attended the Orange County Fire Authority Budget and Finance Committee meeting;
reviewed the mid -year budget adjustments
March 15
o Attended the Orange County Transportation Authority Legislative and
Communications meeting
City Council March 20, 2018
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o Attended the farewell luncheon for Interim Chief Patrick McIntosh
o Congratulated Officer Javon Smith as the Rotary Club Officer of the Year
o Attended the Homeless City Coalition Task Force meeting
o Attended a Special Meeting of the Orange County Fire Authority to appoint the new
Fire Chief Brian Fennessy
March 16
o Honored to speak at the 54th Orange Coast Christian Outreach Mayor's Prayer
Breakfast; keynote speaker was former Navy Seal Chad Williams who was an
inspirational speaker
o Attended the Tustin Police Department Academy #156 graduation
o Attended the Senior Center St. Patrick's Day Luncheon; chatted with seniors and
former Mayor Tony Coco
o Attended a Cybersecurity presentation by the Orange County Sheriff's Department
ADJOURN IN MEMORY OF
Lieutenant James A. Mazzuchelli, USN
Navy Flight Surgeon
HMLA-267
Lieutenant James Anthony Mazzuchelli, fondly known as Doc, was born in New Jersey
and grew up in Fleming Island, Florida.
He received his diploma from Clay High School in 2003 and received a full scholarship to
Drexel University in Philadelphia where he graduated with a degree in Commerce and
Engineering.
Upon completion of college, he was accepted into the Lake Erie College of Osteopathic
Medicine and received an Officer's commission in the United States Navy while enrolled.
After graduating as a physician, being recommissioned as a Lieutenant and then
completing flight school, he became a Navy Flight Surgeon and was assigned to Marine
Light Attack Helicopter Squadron 267 (HMLA-267), also known as the Stingers, stationed
at Camp Pendleton.
Several weeks ago, James completed his aircrew syllabus and received his aerial
observer/aircrew wings making him one of a select few doctors throughout the Navy to
also have these wings.
City Council March 20, 2018
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On February 24, 2018, James passed away following injuries sustained in a helicopter
incident at Camp Pendleton. He was only 32.
James is survived by his Mother, Father, stepmother, stepfather, and two sisters.
His giving heart and need to help others is exemplified in his desire to be an organ donor.
Through this gift, he has enabled others to live.
There is no greater honor or privilege than to serve your country in uniform and we are
proud and honored that Lieutenant James Mazzuchelli, and the Stingers, are part of the
Tustin family.
May God bless Lieutenant Mazuchelli's memory and tonight, we adjourn in his honor.
ADJOURNED at 8:38 p.m. The next meeting is scheduled on Tuesday, April 3, 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.
ERICA N. RABE,
City Clerk
City Council March 20, 2018
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