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HomeMy WebLinkAbout02 CC MINUTES 7-17-18 AND 8-11-18Agenda Item 2 Reviewed: City Manager ENR Finance Director N/A CITY OF TUSTIN REGULAR JULY 17, 2018 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 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. Yasuda, 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 #2438 at 5:32 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 Items 1-7 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): (2 cases) City Council July 17, 2018 Meeting Minutes Page 1 of 18 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. LABOR NEGOTIATIONS — [Government Code § 54957.6]: Agency Derick Yasuda, Director of Human Resources and Peter Negotiators: Brown, Liebert Cassidy Whitmore Employee Tustin Municipal Employees Association (TMEA) Organization: Employee Tustin Police Officers Association—Management Unit (TPMA) Organization: Employee Tustin Police Officers Association—Officer Unit (TPOA) Organization: Employee Tustin Police Support Services Management Association Organization: (TPSSMA) Employee Tustin Police Support Service Association (TPSSA) Organization: Employee Unrepresented Confidential Employees Organization: Employee Unrepresented Supervisory Employees Organization: Employee Unrepresented Executive Management and Management Organization: Employees Employee Unrepresented Part -Time Employees Organization: 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code § 54956.9(a)] — (2 cases) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE B. Name of Claim: Melissa Trahan Case No: WCAB #ADJ10961947 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property 134 Liberty Street/APN 935-260-86 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager; Jerry Craig, Deputy Director of Economic Development Negotiating Parties Affinia Default Services, LLC Under Negotiation Price and Terms of Payment City Council July 17, 2018 Meeting Minutes Page 2 of 18 6. LIABILITY CLAIMS - [Government Code § 54956.95] — (1 case) A. Claim 18-01, Claim of David C. Schott 7. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(b). (1 case) A. Confer with legal counsel regarding dispute regarding alleged prescriptive rights at 450 EI Camino Real. Recessed at 5:33 p.m. Councilmember Puckett was not present for the Regular Meeting of the City Council. MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2438 at 7:31 p.m. INVOCATION - Pastor Dane Counts PLEDGE OF ALLEGIANCE — Councilmember Bernstein CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council unanimously denied Claim No. 18-01; Council Member Clark recused herself due to a potential conflict of interest. Other than that, there was no reportable action. PRESENTATION - Mayor Murray presented a Proclamation to Emma Foss in honor of her representing the community as 2017 Miss Tustin. ORAL COMMUNICATION/PUBLIC INPUT — 1. Jennifer Sterling 2. Maureen Coddington 3. Linda Barelona 4. Darlene Savord 5. Dianna Proyor City Council July 17, 2018 Meeting Minutes Page 3 of 18 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 10) It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem Gomez to pull Items 6 and 10 and move the balance as recommended by staff. Motion carried: 4-0 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 JULY 3, 2018. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on July 3, 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 amount of $786,821.73; and Demands in the amount of $3,639,787.39. 4. GRANT OF ENCROACHMENT EASEMENT FOR DRIVEWAY AT 450/460 EL CAMINO REAL To resolve an existing dispute, formalize a recorded encroachment easement for driveway/access purposes over an approximately 3 foot wide strip of City -owned property located at 450 EI Camino Real. Motion: That the City Council approve and authorize the Mayor to execute the Encroachment Easement in a form substantially consistent with Exhibit A attached to the staff report, subject to any non -substantive revisions approved by the City Attorney. City Council July 17, 2018 Meeting Minutes Page 4 of 18 5. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF MELISSA TRAHAN Adoption of the attached Resolution will certify that Melissa Trahan is industrially disabled from her position of Police Officer and enable CalPERS to process her industrial disability retirement. Motion: Adopt Resolution No. 18-49 finding that Police Officer Melissa Trahan is industrially disabled from performing the duties of her position. RESOLUTION NO. 18-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT MELISSA TRAHAN, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HER DUTIES AS A POLICE OFFICER 6. TRUSTEE'S SALE - AFFORDABLE HOME LOCATED AT 134 LIBERTY STREET Council Member Clark recused herself due to a potential conflict in real property interest. The Tustin Housing Authority ("Authority") is seeking authorization to cure a homeowner default under the City's Affordable Housing Program in the Tustin Field I development. It was moved by Council Member Bernstein and seconded by Mayor Pro Tem Gomez that the Tustin Housing Authority Commission ("Commission") authorize the Tustin Housing Authority to purchase the moderate income affordable housing unit at 134 Liberty Street during the Trustee's Sale, and also authorize the Executive Director, or his designee, execute any required documents, as may be necessary to implement such action as recommended by the City Attorney. The price and terms will be discussed in Closed Session. Motion carried: 3-0 7. CANCELLATION OF THE AUGUST 21, 2018 AND SEPTEMBER 18, 2018 CITY COUNCIL MEETINGS Due to a lack of quorum, staff recommends cancellation of the August 21, 2018 and September 18, 2018 City Council meetings. Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting on August 21, 2018 and September 18, 2018. The City Council hereby waives notice of said meeting as required by Government Code §54954. City Council July 17, 2018 Meeting Minutes Page 5 of 18 8. APPROVE AGREEMENT NO. MA -080-18011416 TO FUND TOTAL MAXIMUM DAILY LOAD PROGRAMS AND RELATED ACTIVITIES IN THE NEWPORT BAY WATERSHED Agreement No. MA -080-18011416 provides for the joint funding of the Nutrient, Fecal Coliform, and Toxics studies in the Newport Bay Watershed pursuant to provisions of Section 303(d) of the Federal Clean Water Act and the Total Maximum Daily Load (TMDL) as adopted by the Santa Ana Regional Water Quality Control Board and the United States Environmental Protection Agency. The Agreement is for a five year period and is set to end on June 30, 2023. The Agreement replaces Agreement No. D11-066 which expired on June 30, 2018. Motion: That the City Council approve Agreement No. MA -080-18011416, Agreement to Fund Total Maximum Daily Loads Programs and Related Activities in the Newport Bay Watershed, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 9. NOTICE OF COMPLETION FOR THE EL CAMINO REAL/JAMBOREE ROAD MEDIAN MODIFICATIONS AND STRIPING REVISIONS PROJECT, CIP NO. 70238 Construction for the EI Camino Real/Jamboree Road Median Modifications and Striping Revisions Project, CIP No. 70238 has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Motion: That the City Council: 1. Adopt Resolution No. 18-50 accepting the construction of the EI Camino Real/Jamboree Road Median Modification and Striping Revisions Project (CIP No. 70238); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 18-50 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 EL CAMINO REAL/JAMBOREE ROAD MEDIAN MODIFICATIONS AND STRIPING REVISIONS PROJECT, CIP NO. 70238 10. AGREEMENT WITH COUNTY LIBRARY TO REIMBURSE COSTS OF LIBRARY COOLING TOWER RETROFIT PROJECT To approve an agreement with the County of Orange and the OC Community Resources/OC Public Libraries for the City to provide up to $140,000 in City Council July 17, 2018 Meeting Minutes Page 6 of 18 reimbursements for the costs of a cooling tower retrofit project at the Tustin Library. Assistant City Manager Matthew S. West provided an update regarding the status of the library. City Attorney David E. Kendig read the revised recommendation: The staff recommendation remains the same "Approve and authorize the City Manager to sign the "Funding Agreement Between The City Of Tustin And The County Of Orange For The Tustin Branch Library Cooling Tower Retrofit Project" attached hereto as Exhibit 1, subject to any revisions approved by the City Manager and the City Attorney that do not increase the total reimbursement above $140,000." with one addition: "Approve and authorize the City Manager with his discretion to elect not to proceed with this contract with the County and for the City to proceed with the project or to enter into a contract with another entity not to exceed $140,000. If the City Manager concludes that the work will be completed in a more expedited manner by another entity." It was moved by Mayor Pro Tem Gomez and seconded by Mayor Murray to approve the revised recommendation. Motion carried: 4-0 ANNOUCEMENT - City Attorney David E. Kendig: In order to address several issues raised in writing by the development community and the public regarding Item No. 18 Voluntary Workforce Housing Incentive Program, staff will be recommending that the item be continued to an adjourned regular meeting on August 11, 2018 at 8:00 am in the Council Chamber. Those who are interested in speaking on the item, may do so when we get to it. However, part of the purpose of continuance is to address some of the concerns that have been submitted in writing so we would appreciate it if you would defer your comments until you have seen the revised item. Again, you are allowed to speak tonight but we encourage you to wait until the next meeting. Mayor Murray used his Mayor's discretion to move Item No. 18. 18. VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM ORDINANCE Ordinance No. 1491 proposes to add Chapter 913 to Article 9 (Land Use) of the Tustin City Code (TCC), establishing a Voluntary Workforce Housing Incentive Program. Public Input: 1. Jennifer Sterling 2. Darlene Savord 3. Jennifer Diaz 4. Steven LaMotte City Council July 17, 2018 Meeting Minutes Page 7 of 18 5. TyRon Jackson City Manager Jeffrey C. Parker reiterated the City Attorney's comments regarding the continuation of the item to August 11, 2018 at 8:00 am. Reminded the public that this item has been on the City Council's agenda for the last five meetings. The program relates to two specific plan areas where the city is providing the opportunity for more residential units for the development community if they so desire, they don't have to. If they want to look for residential units in an area that is currently commercially zoned, under our current code, you cannot build a residential unit in these areas. The idea was to bring more residential units to enhance the commercial area. None of the money collected from this program will be used to address homeless issues. This program is to create affordable units in the community whether it's a cash payment or as indicated in the draft ordinance, affordable units are required to be built in place. Encouraged the public to call City Hall if they have a specific question regarding the ordinance. Staff would be happy to review your questions and explain what the city is doing to meet the affordable unit requirements under state law Recommendation — City Attorney David E. Kendig: Staff's recommendation is to adjourn to Regular Meeting on August 11, 2018 at 8:00 am in the Council Chamber. It was moved by Mayor Murray and seconded by Councilmember Bernstein to approve staff's recommendation. Motion carried: 4-0 ORDINANCE NO. 1491 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 9B TO ARTICLE 9 OF THE TUSTIN CITY CODE ESTABLISHING A VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM. Recessed at 8:04 p.m. Reconvened at 8:09 p.m. PUBLIC HEARING ITEMS — 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 11-12) 11. CODE AMENDMENT 2017-003 (ORDINANCE NO. 1493) — ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS — CONTINUED PUBLIC HEARING ITEM Assistant Director of Community Development Justina Willkom provided a City Council July 17, 2018 Meeting Minutes Page 8 of 18 PowerPoint presentation. This staff report is a modified report presented to the City Council on April 17, 2018. Underlined text indicates new and/or modified text. Code Amendment 2017-003 proposes to amend Article 9 Chapter 2 of the Tustin City Code (TCC) to update the standards and guidelines related to new alcoholic beverage sales establishments. The Code Amendment would allow any commercially or industrially zoned property to request approval for an on-site alcoholic beverage sales license with approval of a conditional use permit (CUP); establish new standards and operational guidelines; and, provide processes for issuance and/or revocation of CUPs for sales establishments. On March 13, 2018, the Planning Commission adopted Resolution No. 4360, recommending that the Tustin City Council adopt Ordinance No. 1493, approving Code Amendment 2017-003. However, the Planning Commission directed staff to forward their concerns to the City Council in the staff report. On April 17, 2018, the City Council held a public hearing and directed staff to revise Code Amendment 2017-0003 to retain the existing distancing requirements for off-site alcoholic beverage sales establishments. Subsequently, the City Manager's Office directed staff to modify the requirements for off-site sales establishments further by requiring a 1,000 -foot distance separation from public and private schools (K-12) and to limit the alcoholic beverage sales to less than 50 percent of the total gross annual sales. (Applicant: City of Tustin) Public hearing opened at 8:14 p.m. Public hearing closed at 8:14 p.m. with no public input. It was moved by Councilmember Bernstein and seconded by Councilmember Clark to have first reading of Ordinance No. 1493, amending Article 9 Chapter 2 of the TCC related to alcoholic beverage sales establishments, and set a second reading for the next City Council meeting. Motion carried: 4-0 ORDINANCE NO. 1493 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE ARTICLE 9 CHAPTER 2, SECTIONS 9232a1.(a), 9241a1., 9252j3.(c), 9271dd, AND 9299(3)(8) RELATING TO ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS 12. APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY DESIGN REVIEW 2018-00007, A REQUEST TO STORE A RECREATIONAL VEHICLE IN FRONT OF THE ATTACHED GARAGE AND INSTALL A VINYL GATE City Council July 17, 2018 Meeting Minutes Page 9 of 18 ACROSS THE DRIVEWAY TO SCREEN THE RECREATIONAL VEHICLE FROM PUBLIC VIEW. Assistant Director of Community Development Justina Willkom provided a PowerPoint presentation. On May 8, 2018, the Planning Commission adopted Resolution No. 4364, denying Design Review (DR) 2018-00007 to authorize the storage of a recreational vehicle (RV) within the required backup area for an existing two -car garage and installation of a vinyl gate across the existing driveway to screen a recreational vehicle stored in front of the home from public view. On May 11, 2018, the property owner filed an appeal of the Planning Commission's decision. (Attachment F to the staff report). Applicant/Property Owner: Christine Coursen P.O. Box 4087, Tustin, CA 92781 Location: 1461 Garland Avenue Public hearing opened at 8:20 p.m. Public Input: 1. Jeff Walker 2. Mike Larnard 3. Christine Coursen (applicant) Public hearing closed at 8:30 p.m. It was moved by Mayor Murray and seconded by Mayor Pro Tem Gomez to adopt Resolution No. 18-47 (Attachment G to the staff report) upholding the Planning Commission's decision to deny authorization of a recreational vehicle (RV) within the required backup area for an existing two -car garage and installation of a vinyl gate across the existing driveway to screen a recreational vehicle stored in front of the garage on the property located at 1461 Garland Avenue. Amended Motion: It was recommended by Councilmember Bernstein to defer the item following after the Strategic Plan Meeting on August 11. It was moved by Mayor Murray and seconded by Mayor Pro Tem Gomez to approve the amended motion. Motion carried: 4-0 City Council July 17, 2018 Meeting Minutes Page 10 of 18 REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 13-19) 13. HISTORIC RESOURCES COMMITTEE Assistant Director of Community Development Justina Willkom provided a PowerPoint presentation. On June 20, 1988, the City Council adopted Ordinance No. 1001 establishing the City's Cultural Resources Overlay District and the City's Cultural Resources Advisory Committee. On July 31, 1991, the City of Tustin became a Certified Local Government (CLG) pursuant to the National Historic Preservation Act of 1996, as amended in 1980. On May 1, 2007, the City Council, in an effort to minimize impact on City resources related to City boards, commissions and committees, adopted Ordinance 1332 assigning Cultural and Historic Resources responsibilities to the Planning Commission. At their April 3, 2018 meeting, the City Council received public comment by Ms. Linda Jennings requesting that the Historic Resource Committee be reinstated (Attachment A to the staff report -City Council Minutes). Council Member Gomez requested that the matter be set for a Council agenda with background information. Public Input: Linda Jennings The Council unanimously continued the item and directed staff to gather more information from the State regarding what they require and why do there are only two currently. 14. PUBLIC ART COMMITTEE APPOINTMENTS Mayor Murray appointed an ad hoc committee consisting of Mayor Murray and Councilmember Clark to interview the Public Art Committee candidates and make a recommendation to the full City Council. It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem Gomez that the City Council: 1. Appoint the following three candidates to serve a four-year term on the Public Art Committee: Kimberly Powell Albarian, Meg Gullo, and Ellen Kirwan; and 2. Appoint the following two candidates to serve a two-year term on the Public Art Committee: Bonny Hsu and Scott McMillin. Motion carried: 4-0 City Council July 17, 2018 Meeting Minutes Page 11 of 18 15. REQUESTS TO EXCUSE COMMISSIONER ABSENCES In accordance with Council Ordinance 1481, consider whether to approve requests from two Planning Commissioners to excuse absences from Planning Commission meetings. It was moved by Mayor Murray to continue the item to the next City Council meeting. Mayor Pro Tem Gomez requested that staff bifurcate the requests for each Commissioner rather than as one item and requested the attendance records for each Commissioner since the inception of their last appointment. It was moved by Mayor Murray and seconded by Councilmember Bernstein to include Mayor Pro Tem Gomez's requests and continue the item to the next City Council meeting. Motion carried: 4-0 16. GRANT OF PERMANENT ACCESS EASEMENT Approval is requested to execute a Grant of Permanent Access Easement for Mutual Propane at 1021 Edinger Avenue and to accept Mutual Propane's Grant of Permanent Access Easement for 1001 Edinger Avenue. It was moved by Mayor Murray and seconded by Councilmember Clark to authorize the following: 1. The City Manager to execute a Grant of Permanent Access Easement for Mutual Propane at 1021 Edinger Avenue, subject to any non -substantive revisions as approved by the City Attorney; and 2. The City Manager to accept a Grant of Permanent Access Easement from Mutual Propane for 1001 Edinger Avenue, subject to any non -substantive revisions as approved by the City Attorney. Motion carried: 4-0 17. RESOLUTIONS ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A MEASURE RELATING TO TRANSIENT OCCUPANCY TAX AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018, AND SETTING DEADLINES AND PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE CITY INITIATED TRANSIENT OCCUPANCY TAX MEASURE To adopt resolutions to submit to the voters in the November election a question related to Transient Occupancy Tax. City Council July 17, 2018 Meeting Minutes Page 12 of 18 Public Input: David Laughray City Attorney David E. Kendig announced there was an update to the dollar figure in Resolution No. 18-51 and 18-52: The amount should be $480,000 annually. Further in Section 2 of Resolution No. 18-52, it was suggested that the Council add the following language "The Mayor and Mayor Pro Tem are authorized to invite the Chairman of the Chamber of Commerce to join in the ballot argument in favor of the measure. If he or she accepts, the City Clerk is authorized to include that Chairman in the ballot argument'. It was moved by Mayor Pro Tem Gomez and seconded by Councilmember Clark to approve the following: A. Adopt the revised Resolution No. 18-51 ordering the submission to the qualified electors of the City of a measure relating to transient occupancy tax at the general election to be held on Tuesday, November 6, 2018, as called by Resolution No. 18-37, in the form attached as Exhibit 1; and B. Adopt the revised Resolution No. 18-52 setting deadlines and priorities for filing written arguments regarding the City initiated Transient Occupancy Tax Measure and directing the City Attorney to prepare an impartial analysis, in the form attached as Exhibit 2. Motion carried: 4-0 RESOLUTION NO. 18-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A MEASURE RELATING TO TRANSIENT OCCUPANCY TAX AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018, AS CALLED BY RESOLUTION NO. 18-37 RESOLUTION NO. 18-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING DEADLINES AND PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE CITY INITIATED TRANSIENT OCCUPANCY TAX MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. 19. LEGISLATIVE UPDATE Staff has prepared an update of proposed key California legislative items for 2018. City Council July 17, 2018 Meeting Minutes Page 13 of 18 The City Council unanimously directed staff to send a letter of opposition relating to S.3157. Mayor Pro Tem Gomez requested staff to follow and provide updates regarding Ab 2372. COUNCILMEMBER COMMENTS AND REPORTS Councilmember Bernstein July 4 o Attended the 4t" of July Fireworks Show at Tustin High School; congratulated David A. Wilson, Director of Parks and Recreation, Chad Clanton, Deputy Director of Parks and Recreation, and their staff for a great event. o Participated in the Tustin Meadows 4t" of July parade; thanked the Tustin Meadows community for the invite; had a great time participating in the parade. July 6 Attended the Water Advisory Committee of Orange County (WACO) meeting; several key issues were discussed; Dr. Gerald Meral Bond Author discussed his water bond, Prop 3. July 9 Attended the Orange County Sanitation District Legislative and Public Affairs Committee meeting; discussed two main bills which were passed, Assembly Bill (AB) 1668 and Senate Bill (SB) 606; both bills were jointly designed to overhaul California's approach to conserving water; measures impose a number of new or expanded requirements on state water agencies and local water suppliers, and provide for significantly greater state oversight of local water suppliers' water use, even in non -drought years; water conservation is key. July 11 Attended the Local Agency Formation Commission Orange County (LAFCO) meeting; a new commissioner was sworn -in and two incumbent commissioners were sworn -in; congratulated former Tustin Mayor, Doug Davert for now representing Special Districts of the LAFCO Commission. July 16 Chaired the Water Committee for the Association of California Cities Orange County (ACCOC); had the pleasure of having Dr. Gerald Meral, Bond Author, and Syrus Devers, Director of Governmental Affairs Attorney for Best Best & Krieger LLP, speak at the meeting; Syrus Devers spoke on Assembly Bill (AB) 1668 and Senate Bill (SB) 606; encouraged everyone to familiarize themselves with the two bills; will be keeping an eye out on Senator Monning's Bill, SB 623. Congratulated participants of the Tustin Citizen Academy who are now on the Tustin City Council July 17, 2018 Meeting Minutes Page 14 of 18 Public Art Committee; congratulated city staff for putting together the Citizen Academy program. Announced the Tustin Exchange Club's, Hoedown Event, Saturday, July 21, 2018, at Peppertree Park; encouraged everyone to attend. Councilmember Clark Forgo comments due to adjournment speech. Mayor Pro Tem Gomez July 4 Attended the Tustin Meadows 4t" of July Parade. Attended the 4t" of July Fireworks at Tustin High School that evening; thanked the Parks and Recreation Department and the Police Department for their efforts in making the event a fun and safe event for the community. July 13 o Attended the Orange County Emergency Medical Committee meeting; the following items were discussed: o The quarterly reports on ambulance offload times and diversion rates; o Reviewed a new policy requiring a chest compression device which costs between $7,500-$15,000; not clear who will pay for the devices; o Children's Hospital Orange County (CHOC) has requested to be named a Pediatric Trauma Center; some hospitals expressed concern over a lack of receiving these pediatric patients and how that would affect their pediatric admission rates; o Brief discussion regarding the Grand Jury report "Competition or Collaboration Orange County's Public Agency Helicopters"; the Emergency Medical Services was not consulted in the preparation of the report; o Completed Sidewalk/CPR program which trained about 3,000 people with the cooperation of the contracted ambulance companies; o Some law enforcement agencies have been given NARCAN as an antidote for opioid overdoses; o The OC Emergency Medical System reviewed the Multi -Casualty Incident Response plan to prepare for major incidents occurring in the county. o Was given a tour of Linear Park by Christine Zepeda, Public Works Maintenance Supervisor; believes the public will be thrilled with the passive park and walking trails. o Met with Healthy Smiles, an organization that provides dental services to younger citizens. City Council July 17, 2018 Meeting Minutes Page 15 of 18 July 16 Attended the Senior Center Advisory Committee (SCAC) Legislative Committee meeting; featured speaker was Bob Niccum, from the Orange County (OC) Grand Jury; he explained how the grand jurors are selected and their responsibilities; Mr. Niccum gave a brief overview of the eight reports that they completed this past year ending June 30th; the eight reports included: o An analysis of Orange County Fire Authority (OCFA) and fiscal implications of some cities possibly leaving the Authority; o School safety; o The food and meal periods for inmates at the Orange County Jail; o Homelessness; o Landfills within the county; o The County Emergency Operations Center; o The jurisdiction of the Orange County Sheriffs and Orange County Fire Authority (OCFA) regarding the use of helicopters; o Inmate deaths in the Orange County (OC) jails. All of these reports have been picked up by the media, but the public can obtain the reports by going to www.ocgrandiury.orq; a brief update on pending legislation affecting seniors was also given. Announced is looking forward to the long-awaited Library re -opening in late August; appreciates the public's patience while the County of Orange and the City of Tustin worked together to assure that the library is safe for the patrons; thanked Matthew West, Assistant City Manager and Helen Fried, Orange County Librarian for working toward this opening. Mayor Murray July 4 Attended the July 4th Fireworks Show; outstanding job. July 9 Attended the Orange County Transportation Authority (OCTA) Board meeting; discussed the Project F update for the City of Tustin, which is the final design phase of the 55 Freeway Project. July 10 o Attended the Orange County Fire Authority (OCFA) Human Resource Committee meeting; discussed enhancements to the OCFA Wellness Program. o Conducted the Tustin Art Policy Committee Interviews; consisted of twelve (12) candidates. July 11 o Attended the Tustin/Irvine Realty Group meeting; provided the attendees with a Tustin update. City Council July 17, 2018 Meeting Minutes Page 16 of 18 o Attended the Orange County Fire Authority (OCFA) Budget and Finance meeting; discussed the OCFA Investment Portfolio Policy. July 12 Attended the Orange County Transportation Authority (OCTA) Transit Committee meeting; announced the Tustin Project for the Enhanced Mobility for Seniors and Disabled Grant Program was approved by the Transit Committee for $72,000; will go to the OCTA Board of Directors for approval on July 23rd July 14 Participated in the 6th Annual Tustin Family & Youth Center Dental Clinic; over seventy children and adults were provided with free dental care including five veterans; thanked Barbara Guerrero-Yanez, Recreation Coordinator, staff, volunteers, Dr. Charles Tozzer, Dr. Kris Tn, the eight Tustin dentists who provided dental care and the additional support volunteers. July 15 o Announced family attended the University California, Irvine, Family Orientation event for incoming students; daughter Lily will be transferring there in the fall. o Attended the retirement event for Tustin Police, Deputy Chief Paul Garaven; presented him with a Certificate of Appreciation from the Tustin City Council; was a great event; congratulated Police Chief Charles F. Celano, Jr., for his wonderful speech. July 16 o Attended the Los Angeles — San Diego — San Luis Obispo Rail Corridor (LOSSAN) Board meeting; presentation on LOSSAN ridership, and time performance in the corridor; discussed approval of a new Rail -to -Rail contract. o Attended the 2018 Tustin Street Fair and Chili Cook -Off Wrap -Up event at the Black Marlin; thanked everyone who was involved. ADJOURNED IN MEMORY OF CARMELLA LOUISE VANN BY COUNCIL MEMBER LETITIA CLARK Carmella Louise Vann was named after her two great grandmothers Carmen Mestaz and Ella Christensen. Carmella was born on June 11, 1975, at the Long Beach Naval Hospital to mother Deborah Louise Vann and father Presley Louis Vann. Her dad was stationed at the United States Marine Corps (USMC) EI Toro Air Base. Through her father's travels, Carmella's family came into contact with people from diverse cultures, languages and dialects. Carmella at an early age, demonstrated a keen ability read, understand, and speak City Council July 17, 2018 Meeting Minutes Page 17 of 18 several different languages. As a kid, she could converse in Samoan, Japanese, Spanish, Dutch, and German comfortably with friends of her father. Carmella's parents' service in the Marine Corps ended in 1980 and made Tustin their home. In time, Carmella attended Columbus Tustin Middle school where she enrolled in her first formal language class of Spanish. By the time, Carmella entered Tustin High School she was totally fluent in Spanish and it payed off well for her with not only obtaining her first job, with the Tustin Recreation Department, but it was a job that ended up impacted so many young Spanish children's lives. As a Parks and Recreation employee, Carmella was assigned to Frontier Park, due to her organization, her imagination, her truly caring heart, and her command of the Spanish language, Carmella turned the park into a bustling, exciting place where the kids were excited to come to every day. Her command of the Spanish language was also very evident during one of her Miss Tustin performances where she presented an extremely heart-warming dedication to her "Na -Na" Olga in Spanish. Carmella was the first African American Miss Tustin in 1992 and she one of the youngest Miss Tustins at the age of 16. From the Miss Tustin Pageant, Carmella continued on and entered and won two more Beauty Pageants. She won Miss Coastal Cities Pageant and Miss Greater Long Beach Pageant. At that time, both of the pageants were at a level where all of the contestants were older than 17, but because of Carmella's knowledge, confidence, poise and her unique ability to blend in her Spanish charm, it helped her to excel in those pageants and end in victory. Carmella went on to attend and graduate from UCI with a degree in Communications and she had a very successful career as a Journalist, a Copywriter, and an Editor for several well-known companies. Unfortunately, herjournalist career ended on July 3, 2018 when she was killed in a tragic car accident. Her family left this quote: George Washington Carver once said... "How far you go in life depends on you being tender with the young, compassionate with the aged, sympathetic with the striving and tolerant of the weak and strong, because someday in your life you will have been all of these" One cannot think of a better way of summing up Carmella's life than the quote above. George Washington Carver was a great man because of the deep faith he relied upon and he lived it and shared it with the world that surrounded him and Carmella was a great woman because of the deep faith she relied upon and she lived it and shared it all with who were fortunate enough to be around her. My deep condolences with the Vann family. I went to school with Carmella's sister and it's a great loss for our Tustin Community. ADJOURNED at 9:45 p.m. The next meeting is scheduled on Tuesday, September 4, 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 July 17, 2018 Meeting Minutes Page 18 of 18 Agenda Item 2 Reviewed: City Manager ENR Finance Director N/A CITY OF TUSTIN ADJOURNED REGULAR AUGUST 11, 2018 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 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. Yasuda, City Clerk Letitia Clark, Councilmember David E. Kendig, City Attorney 11 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL 8:00 A.M. CALL TO ORDER — Meeting #2439 at 8:05 a.m. ROLL CALL — City Clerk: The record reflected that all members were in attendance. PLEDGE OF ALLEGIANCE — Mayor Murray ORAL COMMUNICATION/PUBLIC INPUT — None 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 3) It was moved by Mayor Murray and seconded by Councilmember Bernstein to approve the Consent Calendar. 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 August 11, 2018 Meeting Minutes Page 1 of 5 agenda shall be determined to have been read by title and further reading waived. 2. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED "WHERE THERE'S A WILL, THERE'S A WAY - HOUSING ORANGE COUNTY'S CHRONICALLY HOMELESS" Consider approve the attached response to the 2017-18 Grand Jury Report, Where There's a Will, There's a Way - Housing Orange County's Chronically Homeless, and authorize submittal to the Orange County Grand Jury. Motion: Approve and authorize the Mayor to sign the attached response to the Orange County Grand Jury on behalf of the City Council, and direct the City Clerk to submit the response. 3. MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT, THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT, THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION, THE TUSTIN POLICE SUPPORT SERVICES MANAGEMENT ASSOCIATION, AND THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION AND SALARY RESOLUTIONS FOR UNREPRESENTED EXECUTIVE MANAGEMENT, MANAGEMENT, SUPERVISORY, AND CONFIDENTIAL EMPLOYEES Adoption of the attached Resolutions and Memoranda of Understanding (MOU) will authorize terms and conditions of employment, in accordance with City Council direction, for employees in classifications represented by the Tustin Police Officers Association — Police Officer Representation Unit (TPOA), the Tustin Police Officers Association — Police Management Representation Unit (TPMA), the Tustin Police Support Services Association (TPSSA), the Tustin Police Support Services Management Association (TPSSMA), and the Tustin Municipal Employees Association (TMEA) and for all unrepresented Executive Management, Management, Supervisory, and Confidential employees. Motion: It is recommended that the City Council take the following actions: 1. Adopt Resolution No. 18-53 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPOA for the period July 1, 2018 through June 30, 2021; and 2. Adopt Resolution No. 18-54 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPMA for the period July 1, 2018 through June 30, 2021; and City Council August 11, 2018 Meeting Minutes Page 2 of 5 3. Adopt Resolution No. 18-55 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPSSA for the period July 1, 2018 through June 30, 2021; and 4. Adopt Resolution No. 18-56 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPSSMA for the period July 1, 2018 through June 30, 2021; and 5. Adopt Resolution No. 18-57 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TMEA for the period July 1, 2018 through June 30, 2021; and 6. Adopt Resolution No. 18-62 amending the City's Classification and Compensation Plans for Executive Management and Management employees; and 7. Adopt Resolution No. 18-63 amending the City's Classification and Compensation Plans for Supervisory and Confidential employees; and 8. Appropriate compensation adjustments totaling $1,232,290 in the respective funds per the FY 2018-19 adopted budget and transfer the same amount from Land Sale Proceeds Reserves (Fund 189) to provide funding; and 9. Appropriate compensation adjustments totaling $160,610 from Water Enterprise Fund Reserves (Fund 300). RESOLUTION NO. 18-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 18-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 18-55 City Council August 11, 2018 Meeting Minutes Page 3 of 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 18-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT SERVICES MANAGEMENT ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 18-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 18-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 17-06 RESOLUTION NO. 18-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY AND CONFIDENTIAL EMPLOYEES, AND SUPERSEDING RESOLUTION 16-39 AND RESOLUTION 15-37 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 4 ) 4. VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM ORDINANCE AND IN -LIEU FEE City Manager Jeffrey C. Parker provided an overview of the program. Ordinance No. 1491 proposes to add Chapter 9B to Article 9 (Land Use) of the City Council August 11, 2018 Meeting Minutes Page 4 of 5 Tustin City Code (TCC), establishing a Voluntary Workforce Housing Incentive Program. Resolution No. 18-61 adopts the Voluntary Workforce Housing Incentive Program and In -Lieu Fee. Public hearing opened at 8:17 a.m. Public Input: 1. Adam Wood, Building Industry Association 2. Mary Lynn Coffee, WASL 3. Maria Vargas, Resident 4. Cesar Covarrubias, Kennedy Commission Public hearing closed at 8:31 a.m. It was moved by Mayor Pro Tem Gomez and seconded by Councilmember Clark that the City Council introduce and have the first reading by title only of Ordinance No. 1491 in the form attached as Exhibit "A" hereto, adding Chapter 9B to Article 9 Chapter 1, establishing a Voluntary Workforce Housing Incentive Program; and set a second reading for the next regular City Council meeting. Amended motion: It was moved by Mayor Pro Tem Gomez and seconded by Councilmember Clark to amend the motion to include adoption of Resolution No. 18-61 in the form attached as Exhibit "B" hereto, adopting the Voluntary Workforce Housing Incentive Program and In -Lieu Fee that shall become effective concurrently with the effective date of Ordinance No. 1491. Motion carried: 3-2 (Councilmembers Bernstein and Puckett dissented) ORDINANCE NO. 1491 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 9B TO ARTICLE 9 OF THE TUSTIN CITY CODE ESTABLISHING A VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM. RESOLUTION NO. 18-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM IN -LIEU FEE AND INCORPORATING THE FEE INTO THE CITY'S COMPREHENSIVE SCHEDULE OF FEES ADJOURNED at 8:57 a.m. The next meeting is scheduled on Tuesday, September 4, 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 August 11, 2018 Meeting Minutes Page 5 of 5