HomeMy WebLinkAboutCC MINUTES 04-03-18CITY OF TUSTIN REGULAR
APRIL 3, 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 #2431 at 5:32 p.m.
ROLL CALL — City Clerk
Present: Mayor Al Murray and Councilmembers Dr. Allan Bernstein and Charles
E. Puckett and Letitia Clark
Absent: Mayor Pro Tem 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 — Deputy City Attorney Lois Bobak: The Council will discuss
Item Nos. 1,3, and 4 and will not consider Item No. 2.
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)
3. LIABILITY CLAIMS - [Government Code § 54956.95] — (Five cases)
City Council April 3, 2018
Meeting Minutes Page 1 of 12
A. Claim of Carmen Saraleguy, Claim No. 17-31
B. Claim of Alejandro Rodriguez, Claim No. 17-40
C. Claim of Beatriz Valdez, Claim No. 18-04
D. Claim of Gloria Bautista, Claim No. 18-05
E. Claim of Ignacio Garcia, Claim No. 17-49
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (Two Cases)
A. Property
APN: 430-251-28, and a portion of Parcel 1 in Book
Address/Description
7542, Page 974, Official Records
Agency
City of Tustin
City Negotiators
Jeffrey C. Parker, City Manager; Jerry Craig, Deputy
Director of Economic Development
Negotiating Parties
SchoolsFirst Federal Credit Union; Bill Cheney,
President/CEO
Under Negotiation
Price and Terms of Payment
B. Property
430-381-27, 28, 29, 30, 31, 32, 33, 35
Address/Description
Agency
City of Tustin
City Negotiators
Jeffrey C. Parker, City Manager; Jerry Craig, Deputy
Director of Economic Development
Negotiating Parties
Jamboree Housing Corporation; Laura Archuleta,
President
Under Negotiation
Price and Terms of Payment
Recessed at 5:34 p.m.
Mayor Pro Tem Gomez arrived at 5:34 p.m.
MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2431 at 7:04 p.m.
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE —
American Legion
CLOSED SESSION REPORT — Deputy City Attorney Lois Bobak: The Council
unanimously denied Claim Nos. 17-31, 17-40, 17-49 18-04 and 18-05. Other than that;
City Council April 3, 2018
Meeting Minutes Page 2 of 12
there was no reportable action.
ORAL COMMUNICATION/PUBLIC INPUT —
1.
Jon Dumitru
2.
Jan Strahl
3.
Leo Cid
4.
Darlene Savord
5.
Betty Robinson
6.
Deborah Kurilchyk
7.
Tom Smith
8.
Laura Houston
9.
Arthur Nuriyev
10.
Brenda Nimota
11.
Linda Jennings
PRESENTATIONS —
Mayor Murray presented a Certificate of Recognition to Officer Javon Smith in recognition
of being named 2017 Tustin/Santa Ana Rotary Officer of the Year.
Mayor Murray presented Certificates of Recognition to the First Place winners of the Tustin
Area Council for Fine Arts' 28th Annual Student Art Invitational.
Mayor Murray presented a Proclamation to Stephanie Luu, Outreach Coordinator for the
Fair Housing Foundation, in recognition of April as Fair Housing Month.
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 5)
It was moved by Councilmember Puckett and seconded by Councilmember Clark to pull
Item Nos. 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
City Council April 3, 2018
Meeting Minutes Page 3 of 12
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 20, 2018.
Motion: That the City Council approve the Action Minutes of the Regular Meeting
of the City Council held on March 20, 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 $730,581.43;
and Demands in the amount of $3,202,502.15.
4. FIRST AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT WITH
SCHOOLSFIRST FEDERAL CREDIT UNION
Request City Council approval to enter into a First Amendment to the Exclusive
Negotiation Agreement (ENA) with SchoolsFirst Federal Credit Union
("SchoolsFirst") by extending the negotiation schedule through October 20, 2018.
Deputy City Attorney Lois Bobak clarified the extension date of the agreement is
October 20, 2018 which was incorrectly stated as October 16, 2018 on the staff
report.
It was moved by Mayor Murray and seconded by Councilmember Bernstein to
authorize the City Manager to enter into a First Amendment to an Exclusive
Negotiation Agreement by and between the City of Tustin and SchoolsFirst
Federal Credit Union, subject to any non -substantive modifications as may be
deemed necessary and/or recommended by the City's special real estate counsel
or the City Attorney.
Motion carried: 5-0
5. RESOLUTION AUTHORIZING CITY STAFF TO PARTICIPATE IN THE ACC-
OC'S PLANNING EFFORTS REGARDING COUNTY -WIDE PERMANENT
SUPPORTIVE HOUSING
The proposed Resolution 18-21 would, if adopted, authorize City staff to
represent the City in meetings and discussions being coordinated by the
Association of California Cities, Orange County (ACC -OC) regarding potential
allocations and siting locations of "permanent supportive housing" units. These
discussions relate to County -wide efforts to address homelessness in the County.
City Council April 3, 2018
Meeting Minutes Page 4 of 12
City staff is not, however, authorized to commit the City to a proposed allocation
or plan of site locations unless such allocation or plan is considered and approved
by the City Council.
City Manager Jeffrey C. Parker provided an update regarding the proposed
resolution.
It was moved by Mayor Murray and seconded by Councilmember Bernstein to
approve the revised Resolution No. 18-21 authorizing City Staff to participate in
the Association of California Cities Orange County's planning efforts regarding
County -Wide Permanent Supportive Housing.
Motion carried: 5-0
RESOLUTION NO. 18-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AUTHORIZING CITY STAFF TO PARTICIPATE IN THE ASSOCIATION OF
CALIFORNIA CITIES ORANGE COUNTY'S PLANNING EFFORTS
REGARDING COUNTY -WIDE PERMANENT SUPPORTIVE HOUSING
REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion. (Agenda Items 6-8)
6. FIRST READING OF ORDINANCE NO. 1496 TO AMEND CITY CODE
SECTION 5331n BY RE-ESTABLISHING PREFERENTIAL PERMIT ONLY
PARKING ON BIRCHFIELD DRIVE, SANDBROOK DRIVE AND
SILVERBROOK DRIVE
Preferential permit parking on Birchfield Drive, Sandbrook Drive and Silverbrook
Drive was previously approved in August 2016 (i.e., first and second readings on
August 2nd and 16th, respectively). The latest recently approved Ordinance to
amend City Code Section 5331 n to include Old Town residential streets
inadvertently omitted Birchfield Drive, Sandbrook Drive and Silverbrook Drive.
Ordinance No. 1496 adds these three residential streets back into Tustin City
Code Section 5331 n.
It was moved by Councilmember Puckett and seconded by Mayor Pro Tem
Gomez to introduce and have the first reading of Ordinance No. 1496 to re-
establish preferential permit only parking on Birchfield Drive, Sandbrook Drive
and Silverbrook Drive, and set the second reading for the Council's next
scheduled meeting.
Motion carried: 5-0
ORDINANCE NO. 1496
City Council April 3, 2018
Meeting Minutes Page 5 of 12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n
REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1483
Ordinance No. 1483 amends 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.
It was moved by Councilmember Bernstein and seconded by Councilmember
Clark to have second reading by title only and adoption of Ordinance No. 1483.
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, 9404al s, and 9404C6, RELATING TO TEMPORARY
OFF -PREMISES COMMERCIAL SIGNS AND TEMPORARY NOW
COMMERCIAL SIGNS.
8. LEGISLATIVE UPDATE
Assistant City Manager Matt West provided an overview of key legislative items
for 2018.
COUNCILMEMBER COMMENTS AND REPORTS
Councilmember Bernstein
March 21
o Attended the American Legion Post 227 fundraiser at Famous Dave's Restaurant.
o Attended the Newport Bay Watershed Executive Committee Board meeting.
March 22
o Attended the Orange County Council of Governments (OCCOG) General Assembly
meeting; keynote speaker was by former Navy Seal, Curt Cronin.
o Had the honor of sitting on a panel regarding securing Orange County's water future;
a lot of great information was shared.
March 23
City Council April 3, 2018
Meeting Minutes Page 6 of 12
Attended the League of California Cities - Orange County General Membership meeting;
public safety issues were addressed; urged everyone to visit www.keepcalsafe.org website.
March 27
Attended the Association of California Cities of Orange County (ACCOC) Homelessness
Taskforce meeting; Tustin has taken a leadership position with homelessness; very proud
of what has been accomplished in Tustin.
March 28
o Attended the League of California Cities Board meeting; discussed several pieces of
legislation regarding SB 827 and Prop 69; announced Prop 69 will be on the June
ballot.
o Attended the Orange County Sanitation Board of Directors meeting.
o Attended the Association of California Cities of Orange County (ACCOC) Legislation
meeting; discussed fourteen (14) different Legislation Bills.
March 31
Attended the Parks and Recreation Department Annual Egg Hunt event; great attendance;
everyone had a great time.
Wished everyone a Happy Easter and Happy Passover.
Councilmember Puckett
NAarrh 91
o Attended the Transportation Corridor Agency (TCA) Joint Capitol meeting.
o Attended the Transportation Corridor Agency (TCA) Joint Communications meeting.
AAarrh 99
Attended the Orange County Council of Governments (OCCOG) General Assembly
meeting.
March 24
o Attended the Habitat for Humanity Framing Ceremony.
o Attended the Grand Opening for the Orange County Animal Shelter.
March 28
Attended the City of Tustin Citizen Academy Meet and Greet; very well done event.
March 29
o Attended the Transportation Corridor Agency (TCA) Environmental Committee
meeting.
City Council April 3, 2018
Meeting Minutes Page 7 of 12
o Attended the fundraiser for Orange County 5th District Supervisor, Lisa Bartlett.
March 31
Attended the Parks and Recreation Department Annual Egg Hunt event; great attendance;
enjoyed the Pancake Breakfast organized by the Tustin Community Foundation; great job
by the Parks and Recreation staff.
April 2
Attended the Tustin Exchange Club meeting; Police Chief Charles F. Celano was the guest
speaker; thanked Police Chief Charles F. Celano for attending.
Wished everyone a Happy Easter.
Councilmember Clark
March 31 and April 1
Was the keynote speaker for the Community College Female Student Leader Organization
for their Women's History Month Program; was held at the Irvine Ranch Water District
Office.
March 22
o Served on a panel at Orange Coast College for Women in Government; served on
the panel with Newport Beach City Council Member, Diane Dixon, former Newport
Beach Mayor, Evelyn Heart, and former Costa Mesa Mayor, Mary Hornbuckle.
o Attended the Orange County Council of Governments (OCCOG) General Assembly
meeting.
March 27
Attended a committee meeting with local elected officials for the 2018 California Women
League Conference which will be held April 25th -27th at the Disneyland Hotel.
April 3
Attended the Clinic in the Park Board meeting.
Was unable to attend Egg Hunt, due to family obligation.
Mayor Pro Tem Gomez
March 22
Attended the Santa Ana River Flood Protection Agency (SARFPA) meeting; received
updates on the construction proposals and projects occurring near the Prado Dam.
March 24
o Attended the Tustin Habitat for Humanity Housing Project Framing Ceremony.
o Attended the Women's History Month Celebration in Irvine.
City Council April 3, 2018
Meeting Minutes Page 8 of 12
o Spoke briefly at the Orange County Lesbian, Gay, Bisexual, Transgender, and Queer
(LGBTQ) Youth Conference in Santa Ana.
March 28
Attended the City of Tustin Citizen Academy Meet and Greet; appreciates participants
attending the program; thanked city staff who are working to prepare for the Citizen
Academy.
March 30
o Toured the Garden Grove School District offices; met with the Garden Grove
Superintendent; Gabriela Mafi as well as many parents and teachers.
o Attended the Tustin Senior Center Spring Brunch.
March 31
Attended the Parks and Recreation Department Annual Egg Hunt event; wonderful event
prepared by the Tustin Parks and Recreation Department; watching children find the golden
egg was the best part of the day; thanked all the volunteers and employees who provided
a spectacular Community Event and Pancake Breakfast.
Requested staff to look at the comments made by Linda Jennings from the Tustin Historical
Preservation; has been an area of concern; stated Planning Commission has not done
enough continuing education in this area; asked staff to bring back to the City Council with
recommendations within the next 30-60 days.
Mayor Murray
March 21
Attended the Association of California Cities of Orange County (ACCOC) Executive
meeting.
March 22
o Attended the Orange County Council of Governments (OCCOG) General Assembly
meeting; keynote speaker was former Navy Seal, Curt Cronin; announced Council
Member Bernstein attended the Water Panel meeting with Association of California
Cities of Orange County (ACCOC) Chief Executive Officer, Heather Stratman.
o Attended the City of Orange, Mayor Teresa "Tita" Smith, State of the City.
o Attended the Orange County Fire Authority (OCFA) Board meeting.
March 23
Attended the League of California Cities - Orange County General Membership meeting.
March 24
City Council April 3, 2018
Meeting Minutes Page 9 of 12
The Orange County Fire Authority (OCFA) in conjunction with the City of Tustin, American
Red Cross, and community volunteers installed free smoke and carbon monoxide alarms
for Tustin residents; thanked OCFA Fire Division Chief, Andy Kovacs for his hard work with
the program; 333 smoke alarms and 104 carbon monoxide alarms were installed for the
residents in the 258 homes.
March 26
Attended the Orange County Transportation Authority (OCTA) Board of Directors meeting;
discussed the Orange County Street Car Project.
March 27
o Attended the Association of California Cities of Orange County (ACCOC)
Homelessness Taskforce meeting; thanked City Manager, Jeffrey C. Parker and
Council Member Bernstein for attending.
o Attended the unveiling, at Children's Hospital of Orange County (CHOC), of their
Children's In -Patient Mental Health Center; very nice event.
March 28
Attended the City of Tustin Citizen Academy Meet and Greet; thirty-four (34) students are
participating in the program; thanked City Clerk, Erica N. Rabe and her staff for their hard
work put forth with the program.
March 29
o Attended the Association of California Cities of Orange County (ACCOC) Legislative
and Regulatory meeting.
o Attended the Los Angeles -San Diego -San Luis Obispo Rail Corridor (LOSSAN
Corridor) meeting.
o Attended the Orange County Fire Authority (OCFA) Special Board meeting.
March 31
Attended the Parks and Recreation Department's Annual Egg Hunt event; Tustin
Community Foundation organized the Pancake Breakfast hosted by Snooze Restaurant;
daughter Emily Murray, had the honor of kicking -off the event; congratulated the Parks and
Recreation staff and Community Services Commissioners on a successful event.
April 2
Attended the Orange County Transportation Authority (OCTA) Executive Board meeting.
April 3
Attended the Orange County City Managers and Mayors Hearing before Federal Judge
David Carter; presented to Judge Carter the City of Tustin's efforts in addressing the
homelessness issue and transitional housing; discussed the Orange County Rescue
Mission, the Veterans Outpost and future projects Tustin is involved with. I )"
City Council April 3, 2018
Meeting Minutes Page 10 of 12
ADJOURNED IN HONOR OF
CHRISTOPHER "TRIPP" ZANETIS
BY MAYOR PRO TEM GOMEZ
Tustin has a proud military history and I am honored to adjourn tonight's meeting.
Christopher Zanetis had many titles, Fire Marshall, Captain, Scholar, Attorney, Son, Activist,
and Friend, but most everyone knew him simply as "Tripp."
Christopher "Tripp" Zanetis, died March 15, 2018 near the border of western Iraq and Syria
when his U.S. military helicopter crashed during a troop transport, killing all seven service
members on board.
While a sophomore at New York University (NYU), Zanetis lived a few blocks from the World
Trade Center during the attack of Sept. 11, 2001. He volunteered with the Fire Department
of New York on 9/11 for 14 hours. Zanetis graduated cum laude in 2003 from NYU with a
BA in politics. After graduation, Zanetis joined the New York City Fire Department, later
promoted to fire marshal and was recognized for his bravery as part of an investigative unit.
As the wars in Iraq and Afghanistan intensified in 2008, Zanetis joined the Air National.
Guard, the Air Force arm of the National Guard. He flew in the Air Force's combat search
and rescue helicopter and was deployed to both Afghanistan and Iraq. Zanetis, serving his
third tour, was nearing the end of his 10 -year commitment with the Air National Guard and
received the Meritorious Service Medal and five Air Medals for combat missions. As an
active National Guard pilot, he would be called to provide civilian search and rescue
services.
In 2014, while still on active duty and on leave from the FDNY, Zanetis entered Stanford
Law School. Zanetis joined the Stanford Journal of International Law and the International
Refugee Assistance Project, where he was able to help acquire a Special Immigrant Visa
for an Afghan interpreter who worked with a classmate.
During his last year at Stanford Law, Zanetis served as the co -president of the Stanford Law
Veteran's Organization, facilitated Stanford Law's inaugural OutLaw Conference on LGBTQ
Advocacy in the Workplace and won the National LGBT Bar Association's Student
Leadership Award in 2017. A talented pianist, he wrote and co-produced the Stanford Law
School musical.
Zanetis secured an extemship with the Office of Legal Affairs at NATO headquarters in
Brussels, Belgium, where he spent six months working on diverse legal issues.
Whine at Stanford Law, Zanetis spearheaded the effort to rededicate the Stanford Law
School's World War II Memorial plaque and had it installed on the school grounds where it
could be viewed by the public for the first time in several decades.
Stanford Law School Dean M. Elizabeth Magill said "Tripp Zanetis was a beloved student,
friend and community member here at Stanford Law School and will be deeply missed. We
are heartbroken at his loss. He was one of the most extraordinary students I had the
City Council April 3, 2018
Meeting Minutes Page 11 of 12
privilege of knowing and he will long be remembered in the institution."
Law Professor Michelle Wilde Anderson wrote in a tribute, "With hardwiring for public
service, the sweet energy of a puppy and a brilliant, curious mind, Tripp was making a life
that would make a difference. He was building toward elected office, and he would have
been a leader for our times. Tripp Zanetis was gold. We are richer for his life, and we owe
something back for it."
In honor of Zanetis, a 2017 graduate of Stanford Law School, flags across the Stanford
campus were lowered to half-staff.
Zanetis' name will be engraved in the lobby of Stanford's Memorial Auditorium, where the
walls are dedicated to members of the Stanford community who have died in all wars, most
recently a section for those lost in Afghanistan and Iraq.
After graduating from Stanford with pro bono distinction last year, he was working as an
associate in the litigation department of New York City law firm Debevoise & Plimpton.
Zanetis was a member of the Bar of New York.
The more I learned about him, the more I referred to him as the modern-day Forrest Gump.
While serving duty, he once was pinned down and had to be rescued himself. Serving in
the rescue efforts was Prince Harry. Along with his many accomplishments, Tripp loved
musical theater. He once tried to school a waitress in restaurant inspired by the musical
South Pacific. His friends had to stop him or they would not have been able to place their
order! He was a fitness buff who loved cross -fit and traveling.
Tripp was honored this past week in New York by his FDNY colleagues, family and friends.
His funeral procession which was blocks long began at his firehouse Engine 28 Ladder 11
and ended in Washington Square.
He was a man of service and a great leader. We all could make this world a better place
by following his example of service to others.
Tripp, a native of Indiana, is survived by his parents, John and Sarah Zanetis, and sisters,
Angela and Britt. His family and many friends will remember him for his spirit, his love of
life, his ability to advocate for others, and his service to our country.
Tripp, we wish you safe travels on your next journey.
ADJOURNED at 8:28 p.m. The next meeting is scheduled on Tuesday, April 17, 2018 for
the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.nm.
in the Co cil Cham 3 0 Centennial Way, Tustin, Califor ia.
ELWYNA. MU RAY, ERICA N. RABE,
Mayor City Clerk
City Council April 3, 2018
Meeting Minutes Page 12 of 12