HomeMy WebLinkAbout02 CC MINUTES 09.04.18Agenda Item 2
Reviewed:
City Manager ENR
Finance Director N/A
CITY OF TUSTIN REGULAR SEPTEMBER 4, 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 #2440 at 5:34 p.m.
ROLL CALL — City Clerk
Present: Mayor Al Murray and Councilmembers Dr. Allan Bernstein and Charles
E. Puckett
Absent: Mayor Pro Tem Rebecca Gomez and Councilmember Clark
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 Council will convene to
discuss Items 1-5 on the Closed Session Agenda.
Mayor Pro Tem Gomez arrived at 5:34 p.m.
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
City Council September 4, 2018
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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)
3. LIABILITY CLAIMS - [Government Code § 54956.95] - (3 cases)
A. Claim No. 18-15, Claim of Richard, Donna and David
B. Claim No. 17-46, Claim of Paola Fuentes -Ortega
C. Claim No. 18-14, Claim of Wharton Pacific, LLC
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: Khaya Breskin
Case No: WCAB: #ADJ11278186
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (3 cases)
A. Property 430-371-27, 28, 61; 430-381-38, 39, 40, 41, 43, 65,
Address/Description 66767768769774775
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager & John Buchanan,
Director of Economic Development
Negotiating Parties OMBRP, LLC (Brookfield)
Under Negotiation Price and Terms of Payment
B. Property 430-271-77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88,
Address/Description 89, 90, 91, 92, 93; 430-371-38, 39, 40, 41, 42, 43, 44,
457 467 477 487 507 517 527 547 557 567 577 587 597 607
73774776777
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager & John Buchanan,
Director of Economic Development
Negotiating Parties OMBRP, LLC (Brookfield)
Under Negotiation Price and Terms of Payment
C. Property 1941 EI Camino Real, APN: 500-071-12
Address/Description
Agency City of Tustin
City Council September 4, 2018
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City Negotiators
Negotiating Parties
Under Negotiation
Recessed at 5:35 p.m.
Jeffrey C. Parker, City Manager; Elizabeth Binsack,
Director of Community Development; and Jerry Craig,
Deputy Director of Economic Development
Family Promise of Orange County, Melody Mosley -
President
Price and Terms of Payment
Councilmember Clark arrived at 5:45 p.m.
MINUTES OF THE REGULAR MEETING OF THE TUSTIN
CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2440 at 7:30 p.m.
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — Cub
Scout Pack 541- Arrow Of Light Den
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council
unanimously denied Claim No. 17-46, 18-14 and 18-15. Other than that, there was no
reportable action.
ORAL COMMUNICATION/PUBLIC INPUT —
1.
Arthur Schaper
2.
John Garay
3.
Jeff Walker
4.
Barbara Boyd
5.
Irene Bahera
6.
Maria Carrasco
7.
Nora Garcia
8.
Andras Maldonado
9.
Graciela Guarneras
10.
Maria Garibay
11.
David Garibay
12.
Malia Gharios
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13. Edmundo Folipo
14. Catherine Waterman
15. Christiana da Costa
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 15)
It was moved by Councilmember Puckett and seconded by Councilmember Bernstein to
pull Item 7 and 13 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
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 ON JULY 17, 2018 AND ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL HELD ON AUGUST 11, 2018.
Motion: That the City Council approve the Action Minutes of the Regular Meeting
of the City Council held on July 17, 2018 and the Adjourned Regular Meeting of
the City Council held on August 11, 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 $814,361.36,
$779,259.88 and $829,630.40; and Demands in the amount of $10,670,501.05.
4. SUMMARY OF PROJECTS
The following report provides a summary of projects and activities from the
Community Development Department to the Tustin City Council. The report
focuses on the status of projects that the Planning Commission, Zoning
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Administrator, or staff approved; major improvement projects; Certificates of
Appropriateness; Code Enforcement activities; and, other items of interest.
Motion: That the City Council receive and file this item.
5. APPROVAL OF LICENSE AGREEMENT FOR WIRELESS INSTALLATIONS
ON PUBLIC STRUCTURES TO NEW CINGULAR WIRELESS PCS, LLC
Staff is requesting the City Council approve a license agreement for wireless
installations on public structures to New Cingular Wireless PCS, LLC dba AT&T
Mobility (AT&T).
Motion: That the City Council approve a license agreement for wireless
installations on public structures to New Cingular Wireless PCS, LLC dba AT&T
Mobility (AT&T) and authorize the Mayor and the City Clerk to execute the license
agreement on behalf of the City.
6. AWARD OF CONTRACT FOR THE CONSTRUCTION OF TUSTIN
EMERGENCY OPERATION CENTER AND CORPORATE YARD PROJECT
(CIP No. 10067)
Bids for the Tustin Emergency Operation Center and Corporate Yard Project CIP
#10067 have been received and a construction contract is ready to be awarded
to the lowest responsive/responsible bidder, Tovey-Shultz Construction, Inc.
Motion: That the City Council:
1. Award the construction contract to Tovey-Shultz Construction, Inc., the
lowest responsive/responsible bidder, in the amount of $12,187,005.00,
and authorize the Mayor and the City Clerk to execute the contract
documents on behalf of the City.
2. Adopt Resolution No. 18-58 authorizing the use of County of Orange
Cooperative Purchasing Program Contract # RCA -017-18010014 for GM
Business Interiors (GMBI) for FF&E (Furnishings, Fixtures and Equipment)
and Audio and Visual in the amount of $1,020,281.
RESOLUTION NO. 18-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AUTHORIZING THE COUNTY OF ORANGE COOPERATIVE
PURCHASING PROGRAM TO PURCHASE CERTAIN ITEMS
7. NOTICE OF COMPLETION FOR TUSTIN LIBRARY RESTORATION (CIP
10080)
Construction for the Tustin Library Restoration Project (CIP No. 10080) has been
completed to the satisfaction of the City Engineer and is now ready for City
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Council acceptance.
Assistant City Manager Matthew West provided a PowerPoint presentation.
Councilmember Puckett left the dais at 8:09 p.m.
It was moved by Councilmember Clark and seconded by Mayor Pro Tem Gomez
that the City Council:
Adopt Resolution No. 18-48 accepting the construction of the Tustin
Library Restoration Project (CIP No. 10080); and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
Motion carried: 4-0
RESOLUTION NO. 18-48
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 TUSTIN LIBRARY RESTORATION PROJECT, CIP NO. 10080
Councilmember Puckett returned to the dais at 8:12 p.m.
8. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
Quarterly Report for the first quarter of 2018. The average noise level measured
at Tustin's monitoring station (NMS 1ON), located at Columbus Tustin Middle
School on Beneta Way (Figure 1), remained fairly consistent with prior quarters
during this first quarter reporting period. Average noise levels during the first
quarter continued to remain well below the City, County, and State criteria of 65
dB Community Noise Equivalent Level (CNEL) for residential uses.
Motion: That the City Council receive and file this report.
9. LEASE AGREEMENT FOR OPERATION OF THE FOOD/BEVERAGE
CONCESSION AT TUSTIN SPORTS PARK
The current operators of the food and beverage concession at Tustin Sports Park
(Luigi and Amy Ravetto, dba Express Sports Cafe) have notified staff that they
intend to sell their business to Kathy Gallardo and Rob Stait, dba Best of Friends
Cafe. Because there are only seven (7) months left on the Ravetto's current lease,
staff is recommending that that their lease be terminated and a new lease
agreement be entered into with Ms. Gallardo and Mr. Stait.
City Council September 4, 2018
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Motion: That the City Council:
Terminate the Lease Agreement between Luigi and Amy Ravetto (dba
Express Sports Cafe) and the City of Tustin.
2. Approve a new three (3) year Lease Agreement between Kathy Gallardo
and Rob Stait (dba Best of Friends Cafe) and the City of Tustin for the
operation of the food and beverage concession at Tustin Sports Park.
10. 2018 BIENNIAL CONFLICT OF INTEREST CODE REVIEW (DESIGNATED
POSITIONS)
Biennially the City is required to review the list of designated positions in the
Conflict of Interest Code. City staff recommends the following changes to the list
of designated filers as follow:
Additions: Assistant City Manager (City Manager's Office), Senior Management
Analyst (City Manager's Office), Deputy Director of Economic Development
(Economic Development), Deputy Director of Finance (Finance Department), and
Code Enforcement Officer (Finance Department).
Motion: Adopt Resolution No. 18-60 modifying the Appendix (Designated
Positions) contained in the City's Conflict of Interest Code.
RESOLUTION NO. 18-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN
THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND
REPEALING RESOLUTION NO. 16-51
11. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE GRAFFITI REMOVAL
PROGRAM
The City's contract with Graffiti Control Systems expires on February 1, 2019. To
continue the City's contract graffiti removal program, it is necessary for the City
Council to authorize staff to advertise for contractor bids.
Motion: That the City Council authorize and direct the Community Development
Director to advertise for contractor bids to continue implementation of the City's
graffiti removal program.
12. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT
Pursuant to the Tustin Housing Authority Bylaws and State of California Housing
Authorities Law of the California Health and Safety Code, the Tustin Housing
Authority is holding an annual meeting to receive and file the annual report for the
preceding fiscal year.
City Council September 4, 2018
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Motion:
The Tustin Housing Authority Commissioners take the following actions:
1. Receive and file the Annual Report for Fiscal Year ("FY") 2017-2018 and
transmit such report to the Tustin City Council.
The City Council take the following actions:
1. Receive and file the Housing Authority's Annual Report for FY 2017-2018.
2. Direct that a copy of the Housing Authority's Annual Report for FY 2017-
2018 to be filed with the City Clerk and ex -officio Clerk of the City Council
of the City of Tustin and the California State Department of Housing and
Community Development.
13. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY
City Manager Jeffrey C. Parker provided an update regarding the unfunded
liability at the request of Mayor Pro Tem Gomez.
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted Investment
Policy.
The Council unanimously voted to receive and file.
14. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF KHAYA BRESKIN
Adoption of the attached Resolution will certify that Khaya Breskin is industrially
disabled from her position of Police Officer and enable CalPERS to process her
industrial disability retirement.
Motion: Adopt Resolution No. 18-59 finding that Police Officer Khaya Breksin is
industrially disabled from performing the duties of her position.
RESOLUTION NO. 18-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT KHAYA BRESKIN, A LOCAL SAFETY MEMBER,
IS INDUSTRIALLY DISABLED FROM HER DUTIES AS A POLICE OFFICER
City Council September 4, 2018
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15. TUSTIN AREA SENIOR CENTER TRANSPORTATION PROGRAM TITLE VI
PLAN UPDATE
As a requirement to receive grant funding from the California Department of
Transportation for the Federal Transit Administration (FTA) Section 5310 Elderly
and Disabled Specialized Transportation Program, the City of Tustin must update
its Title VI Plan for the Tustin Area Senior Center's (TASC) Transportation
Program every three years. As required by Title VI of the Civil Rights Act of 1964,
this plan establishes policies ensuring that services and benefits are provided on
a non-discriminatory basis.
Motion: That City Council:
1. Adopt Resolution 18-64 which authorizes the Director of Parks and
Recreation to implement the updated Title VI Plan for the Tustin Area
Senior Center's Transportation Program.
RESOLUTION NO. 18-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE GOVERNING OFFICIAL, DIRECTOR OF
PARKS AND RECREATION, TO APPROVE THE TITLE VI COMPLIANCE FOR
THE AGENCY
REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion. (Agenda Items 16-21)
16. DISCUSSION OF SENATE BILL 54 AND PROPOSITION 47
Discuss SB 54 and Proposition 47 and provide direction.
City Manager Jeffrey C. Parker provided an overview of S1354.
Public Input:
1.
York Nysschens
2.
Edmund Bradley
3.
Kenny Strawn
4.
Angela Roundy
5.
Linda Cator
6.
Jackie Young
7.
Darlene Savord
8.
Laura Siriani
9.
Robbin Burton
10.
Linda Naylor
11.
Deborah Kurilchyk
12.
John Kelly
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13. Dr. Bill Honigman
14. Su Geer
15. Lauren Austin
16. Kevin Brewer
17. Cynthia Case
18. Rev Kay Sylvester
19. Dianna Pryor
20. DD Dominguez
21. Patricia Ferrera
22. Liz Kadison
23. Sarah Rasmussen
24. Betty Robinson
25. Vaughn Becht
26. Jan Strahl
Recessed at 9:24 p.m.
Reconvened at 9:38 p.m.
27. Will Bruzzo
28. Linda Barcelona
29. Arthur Schaper
30. Maureen Coddington
31. Jesse S.
32. Luis Reyes
33. Rabbi Jonathan Klein
34. Naui
35. Steve Serra
36. Bodie Rasmussen
37. Megan Dowling
38. Katie McKeon
39. Marc Petrie
40. Kim Sorgente
41. Lee Fink
It was moved by Mayor Murray and seconded by Councilmember Puckett to:
1. Approve and authorize the Mayor to sign Resolution Number 18-66
reaffirming the City's March 22, 2017 letter of opposition to SB 54; and
2. Approve and authorize the Mayor to sign Resolution Number 18-67
declaring the City's support to repeal Proposition 47 (the "Reduced
Penalties for Some Crimes Initiative").
Mayor Pro Tem Gomez requested that the Council bifurcate Item No. 1 and 2.
It was moved by Mayor Murray and seconded by Councilmember Puckett to
City Council September 4, 2018
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approve and authorize the Mayor to sign Resolution Number 18-66 reaffirming
the City's March 22, 2017 letter of opposition to SB 54.
Motion carried: 3-2 (Mayor Pro Tem Gomez and Councilmember Clark dissented
It was moved by Mayor Murray and seconded by Councilmember Puckett to sign
Resolution Number 18-67 declaring the City's support to repeal Proposition 47
(the "Reduced Penalties for Some Crimes Initiative").
Motion carried: 5-0
RESOLUTION NO. 18-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, REAFFIRMING THE CITY'S MARCH 22, 2017 LETTER OF
OPPOSITION TO SB 54
RESOLUTION NO. 18-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DECLARING THE CITY'S SUPPORT TO REPEAL
PROPOSITION 47
Recessed at 10:20 p.m.
Reconvened at 10:35 p.m.
17. SECOND READING AND ADOPTION OF ORDINANCE NO. 1491
Ordinance No. 1491 amends the Tustin City Code by adding Chapter 9B to Article
9 of the Tustin City Code Establishing a Voluntary Workforce Housing Incentive
Program.
It was moved by Councilmember Clark and seconded by Mayor Pro Tem Gomez
to have second reading by title only and adoption of Ordinance No. 1491.
Motion carried: 3-2 (Councilmembers Puckett and Bernstein 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.
18. SECOND READING AND ADOPTION OF ORDINANCE NO. 1493
Ordinance No. 1493 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
City Council September 4, 2018
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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.
It was moved by Mayor Murray and seconded by Councilmember Puckett to have
second reading by title only and adoption of Ordinance No. 1493.
Motion carried: 5-0
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)(g)
RELATING TO ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS.
19. REQUESTS TO EXCUSE ABSENCES BY PLANNING COMMISSIONER
MASON
In accordance with Council Ordinance 1481, consider whether to approve the
request from Planning Commissioner Amy Mason to excuse two (2) past absences
from Planning Commission meetings.
It was moved by Mayor Murray and seconded by Councilmember Bernstein to
approve the request to excuse absence of the February 13, 2018 Planning
Commission meeting.
Motion carried: 4-1 (Mayor Pro Tem Gomez dissented)
It was moved by Mayor Murray and seconded by Councilmember Bernstein to
approve the request to excuse absence of the February 20, 2018 Planning
Commission meeting.
Motion carried: 4-1 (Mayor Pro Tem Gomez dissented)
20. REQUESTS TO EXCUSE ABSENCES BY PLANNING COMMISSIONER
THOMPSON
In accordance with Council Ordinance 1481, consider whether to approve the
request from Planning Commissioner Jeff Thompson to excuse two (2) future
absences from Planning Commission meetings.
It was moved by Councilmember Puckett and seconded by Councilmember
Bernstein to approve requests by Planning Commissioners Jeff Thompson to
excuse two (2) future absences from Planning Commission meetings.
Motion carried: 4-1 (Mayor Pro Tem Gomez dissented)
City Council September 4, 2018
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21. BUILDING BOARD OF APPEALS APPOINTMENTS
The City Attorney announced this item is continued to a future meeting.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager Jeffrey C. Parker
Announced Police Chief Charles F. Celano, Jr. will host a Town Hall meeting on SB54 so
the community understands that the action taken tonight means nothing in regards to the
changes of how SB54 is implemented by the City.
COUNCILMEMBER COMMENTS AND REPORTS
Councilmember Bernstein
Attended several legislative meetings and water oriented seminars regarding the current
status of the State of California; conservation is a way of life.
July 21
Attended the Tustin Exchange Club's Hoedown Event at Peppertree Park; the club
donated $40,000 to veterans and disadvantaged children.
August 11
Attended the Strategic Plan Meeting; thanked staff for organizing a great day; many
interesting and informative topics were discussed.
August 19
Attended the Enderle Center 20th Annual Classic Car Show; thanked everyone who helped
put the event together.
August 22
o Attended the Tustin Library Re -Opening Ceremony; congratulated the city and staff
that worked hard to restore and re -open the library.
o Attended the Orange County Sanitation District Board of Directors meeting.
Reflected on the City Council meeting which was a very contentious meeting; public
comments were passionate and some were erroneous; encouraged citizens addressing
the Council to do their research so meaningful comments and dialogue can take place;
thanked everyone for attending the meeting.
Councilmember Puckett
City Council September 4, 2018
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Passed on comments due to cancelled meetings and recent surgery.
Announced celebrated 53 years of marriage to wife Donna Puckett.
Councilmember Clark
August 11
Attended the Strategic Plan Meeting; thanked staff for organizing a great day and helpful
development of a new strategic plan.
August 22
Attended the Tustin Library Re -Opening Ceremony; thanked staff that had a hand in
restoring the building.
August 18
Was a guest speaker at the Women's Empowerment Conference held at the Tustin Ranch
Golf Club.
August 26
Was a guest speaker at the Susan G. Komen Leadership Team.
Vector Control Update
Announced as of August 9, the only West Nile Virus human case this year has been
identified in Tustin; other cities including Fullerton, Garden Grove, Orange, Santa Ana, and
Villa Park have had positive mosquito samples; Tustin remains to be the only area where a
human has been infected.
Announced there's an increase in Aedes mosquito activity; it has been identified across the
county and more recently in Tustin and San Clemente; these mosquitos are not native to
this area; are known to be most aggressive during the day; are dangerous because of the
known diseases they carry such as Yellow Fever and Zika.
Reminded everyone to:
wear insect repellent;
repair holes in screen doors; and
wear light colored clothing or long sleeves and pants when possible.
Announced if someone is still experiencing excessive biting, the Orange County Vector
Control will service your area; visit OCvector.org to make a service request.
Announced Tustin Tiller Day's Event scheduled for October 5 t 6 t and 7t" at Columbus
Tustin Park; committee is hard at work; new addition is the T -Town tent which is an area
where alumni of Tustin high schools will gather to have a mini reunion which is scheduled
for October 5t" from 6:00 p.m. -10-00 p.m.
City Council September 4, 2018
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Mayor Pro Tem Gomez
August 7
Attended National Night Out; thanked everyone that came out to celebrate the Tustin Police
Department and the many local services in the community.
August 8
Attended the Tustin Chamber of Commerce Monthly Membership Breakfast; two of Tustin
Police Officers received the Officer of the Month Award; featured speaker was
Congresswoman Mimi Walters; unfortunately, the Congresswoman did not stay very long
for questions.
August 10
Attended the Senior Citizens Advisory Group meeting in San Juan Capistrano; Drew Byde
from the Orange County Adult Protective Services, formerly of Tustin, discussed Financial
Scams; received updates from the Office on Aging and the Orange County Strategic Plan
for Aging; the mid -year assessment of the 2018 Senior Citizens Advisory Council (SCAC)
goals was held.
August 11
Attended the Strategic Plan Workshop; was a successful meeting; workshop sets the tone
for the upcoming years, including determining the city's financial goals; thanked the staff for
all of their preparations.
August 15
Attended the American Association of University Women (AAUW) Summer Social; great
way to catch up with friends and get the pulse of what is going on in the city; was able to
explain the quarterly report which was in the City Council agenda packet.
August 16
Attended Police Support Services Manager Mary Novotny's retirement gathering; missed
the story about personal meeting, however heard everyone got quite a laugh at their
experience.
August 22
Attended the Tustin Library Re -Opening Ceremony after many months of repairs; the library
looks fantastic; thanked Assistant City Manager Matthew West for his work on the re-
opening of the library; encouraged everyone to please visit; the Tustin location is the second
busiest library in the County despite not have the largest library or population.
August 24
Attended the gathering of Orange County female elected officials in honor of Sharon Quirk -
Silva; this group is always very energetic and gives hope to the Orange County legislative
landscape.
August 25
Attended the Annual Truman Awards Dinner; featured speakers were Kevin de Leon and
City Council September 4, 2018
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Congressman Adam Schiff.
Announced September is Hispanic Heritage month; Sylvia Mendez, who was the child
plaintiff in the Orange County school segregation issue, before Brown vs. Board of
Education, was the speaker at Cypress College she is a resilient woman who has spent her
life speaking about the injustice of our systems when we rely on the hue of one's skin, where
we were born, or who our parents are; Ms. Mendez' cause is what we should be celebrating
this evening.
Wished everyone a Happy Labor Day.
Mayor Murray
August 11
Attended the Strategic Plan Workshop; thanked staff who participated with the meeting.
August 13
Attended the Orange County Transportation Authority (OCTA) Board of Directors meeting.
August 16
Attended Police Support Services Manager Mary Novotny's retirement celebration.
August 18
Attended Tustin Chamber of Commerce Ribbon Cutting Ceremony at Enderle Center for
Rebecca Pelletier Interiors.
August 19
Attended the Enderle Center 20th Annual Classic Car Show.
August 21
Attended the Orange County Transportation Authority (OCTA) Legislative meeting.
August 22
Attended the Tustin Library Re -Opening Ceremony; was an outstanding event.
August 23
o Attended the Orange County Exploring Program Executive Committee meeting;
discussed the upcoming Spurgeon Awards banquet; happy to announce Tustin
Police Chief Charles F. Celano, Jr. and Irvine Police Chief Mike Hamel as recipients
of the award; congratulated Police Chief, Charles F. Celano, Jr. on being a recipient.
o Attended the Tustin Mazda newly renovated dealership Re -Opening Celebration;
congratulated Tustin Mazda owner John Patterson on his new dealership.
o Attended the Orange County Fire Authority (OCFA) Board meeting.
August 27
City Council September 4, 2018
Meeting Minutes Page 16 of 17
Attended the Orange County Transportation Authority (OCTA) Board meeting.
August 29
Attended the Special Los Angeles — San Diego — San Luis Obispo Rail Corridor (LOSSAN)
Board meeting.
Thanked Senior Transportation Funding Analyst from the Orange County Transportation
Authority (OCTA) for helping receive the $124,000.00 grant for the Tustin Area Senior
Center's Transportation Coordinator position.
Thanked colleagues for their thoughtful comments during a very challenging meeting; very
proud to a part of the current City Council.
ADJOURNED at 11:02 p.m. The next meeting is scheduled on Tuesday, October 2, 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 September 4, 2018
Meeting Minutes Page 17 of 17
Agenda Item 2
Reviewed:
City Manager ENR
Finance Director N/A
CITY OF TUSTIN SPECIAL SEPTEMBER 11, 2018
CLOSED SESSION MEETING COUNCIL CHAMBER
OF THE CITY COUNCIL 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 SPECIAL CLOSED SESSION MEETING
OF THE CITY COUNCIL
6:00 P.M.
CALL TO ORDER at 6:05 p.m.
ROLL CALL — City Clerk
Present: Mayor Murray and Councilmembers Dr. Allan Bernstein, Charles E.
Puckett and Letitia Clark
Absent: Mayor Pro Tem Gomez
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 Council will convene
to discuss Items 1-4 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 September 11, 2018
Meeting Minutes Page 1 of 2
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government
Code § 54956.9(a)] — (1 case)
A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil
Action No. SA CV 18-00155 DOC JDE
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (1 case)
A. Property 150 E. 1st Street, APN: 401-583-01
Address/Description
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager; and Jerry Craig,
Deputy Director of Economic Development
Negotiating Parties Dr. David Laughray, Tustin Chamber of Commerce
Under Negotiation Price and Terms of Payment
Recessed at 6:07 p.m.
Mayor Pro Tem Gomez arrived at 6:15 p.m.
Reconvened in Open Session at 7:50 p.m.
CLOSED SESSION REPORT — David E. Kendig: The Council took no reportable action.
ADJOURNED at 7:51 p.m.
City Council September 11, 2018
Meeting Minutes Page 2 of 2