HomeMy WebLinkAboutCC MINUTES 07-17-18CITY OF TUSTIN REGULAR JULY 17, 2018
MEETING OF THE CITY COUNCIL - COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
i
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
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. Yasuda, 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)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
City Council July 17, 2018
Meeting Minutes Page 1 of 19
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 #ADJ 10961947
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
6. LIABILITY CLAIMS - [Government Code § 54956.95] — (1 case)
A. Claim 18-01, Claim of David C. Schott
City Council July 17, 2018
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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 19
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.
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.
5. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF MELISSA TRAHAN
City Council July 17, 2018
Meeting Minutes Page 4 of 19
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 19
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. L
Motion: That the City Council:
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 19
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 96 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 19
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 19
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 19
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:
I. 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 19
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 19
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 19
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 19
The City Council unanimously directed staff to send a letter of opposition relating
to S.3157.
Mayor Pro Tern Gomez requested staff to follow and provide updates regarding
Ab 2372.
COUNCILMEMBER COMMENTS AND REPORTS
Councilmember Bernstein
July 4
o Attended the 4th 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 4th 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 19
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 4th of July Parade.
Attended the 4th 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 19
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.org; 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 19
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 19
several different languages. As a kid, she could converse in Samoan, Japanese, Spanish, F.
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, her journalist 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.
City Council July 17, 2016
Meeting Minutes Page 18 of 19
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.
4'". -A JjjAj,,z/,2 J,
ERICA N. YASU A,
City Clerk
City Council July 17, 2018
Meeting Minutes Page 19 of 19