HomeMy WebLinkAbout02 CC MINUTES 10.16.18Agenda Item 2
Reviewed:
City Manager ENR
Finance Director N/A
CITY OF TUSTIN REGULAR OCTOBER 16, 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 #2442 at 5:31 p.m.
ROLL CALL — City Clerk
Present: Mayor Al Murray and Mayor Pro Tem Rebecca Gomez and
Councilmembers Dr. Allan Bernstein and Charles E. Puckett
Absent: Councilmember Letitia 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 1-7 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 October 16, 2018
Meeting Minutes Page 1 of 13
2. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code §
54957(d)(1)] - (2 cases)
A. Title: City Manager
B. Title: City Attorney
4. LIABILITY CLAIMS - [Government Code § 54956.95] - (1 case)
A. Claim 18-17, Claim of Brenda Contreras
5. 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
6. CONFERENCE WITH LABOR NEGOTIATOR [Government Code § 54957.6] - (1
case)
A. Unrepresented employee: City Manager, Jeffrey C. Parker
Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda,
Director of Human Resources
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code
§ 54956.8]: (2 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
City Council October 16, 2018
Meeting Minutes Page 2 of 13
Negotiating Parties
Under Negotiation
Recessed at 5:32 p.m.
OMBRP, LLC (Brookfield)
Price and Terms of Payment
Councilmember Clark arrived at 6:10 p.m.
MINUTES OF THE REGULAR MEETING
OF THE TUSTIN CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2442 at 7:16 p.m.
INVOCATION - Pastor Eric Wakeling, Calvary Church
PLEDGE OF ALLEGIANCE — Councilmember Clark
PRESENTATIONS —
Mayor Murray presented Certificates of Recognition to Trevor Kodzis, Kaleb Anderson, Tom
George and Bryan Huckleberry (not present) in honor of the 2018 Boys State Program.
Mayor Murray presented a plaque to Cherrill Cady in honor of being recognized as a Gem
of Tustin.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council considered
Item No. 4 and denied Claim No. 18-17, Claim of Brenda Contreras; Councilmember Clark
was no present for that discussion. Other than that, there's no reportable action. The
Council will convene after the Regular Meeting to discuss the remaining items.
ORAL COMMUNICATION/PUBLIC INPUT — At this time, any member of the public may
address the Council on matters which are not on this evening's agenda, provided the matter
is within the subject matter jurisdiction of the City Council.
1. Jeff Walker
2. Barbie Daly, Transportation Corridor Agencies
City Council October 16, 2018
Meeting Minutes Page 3 of 13
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 7)
It was moved by Councilmember Puckett and seconded by Councilmember Clark to
approve the items 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 OCTOBER 2, 2018.
Motion: That the City Council approve the Action Minutes of the Regular Meeting
of the City Council held on October 2, 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 $792,350.74;
and Demands in the amount of $4,479,063.95.
4. APPROVE GRANTS OF EASEMENT TO THE SOUTHERN CALIFORNIA
EDISON COMPANY OVER PORTIONS OF AIRSHIP AVENUE SERVING THE
FLIGHT OFFICE DEVELOPMENT AT TUSTIN LEGACY
Ongoing construction of the Flight Phase 1 office campus at Tustin Legacy
necessitates the provision of multiple easements for electrical service to the
development. On October 2, 2018, the City Council approved underground
electrical supply systems and communication systems (herein referred to as
"systems") for the Flight development. Additional system easements for Southern
California Edison (SCE) are required in Airship Avenue which will serve the Phase
2 development of Flight.
As the owner of Phase 2, the City will need to approve the attached grants of
easement to SCE in order to serve the future Phase 2 development. The systems
City Council October 16, 2018
Meeting Minutes Page 4 of 13
easements are located within the larger Utility Agreement Easement Area and
will allow the systems to be stubbed at the future Phase 2 buildable area
boundary.
Pursuant to the Disposition and Development Agreement (DDA) between Flight
Venture, LLC (Flight Developer) and the City of Tustin originally entered into on
November 15, 2016, as amended. The Flight Developer has the Option to
purchase the Phase 2 property from the City. The proposed electrical service and
communications infrastructure will benefit both Phase 1 and 2 of the Flight
development regardless of whether or not the Flight Developer exercises the
Option to purchase Phase 2.
Motion: That the City Council authorize the Mayor and City Clerk to execute the
grants of easement to SCE as shown on the attached easement document
exhibits for the purposes of installation and maintenance of the systems as
outlined in the attached easement documents; and authorize the City Manager to
approve any future modifications to the proposed grants of easement which may
be necessary to meet the intent of providing said services to the Flight project
and/or Tustin Legacy Park.
5. REJECTION OF ALL BIDS AND AUTHORIZATION TO RE -ADVERTISE FOR
BIDS FOR THE TUSTIN LEGACY LINEAR PARK SEGMENTS 3 & 4
IMPROVEMENTS CONSTRUCTION PROJECT, CIP NO. 20077
Staff is recommending that the City Council reject all bid proposals received on
the Tustin Legacy Linear Park Segments 3 & 4 Improvements Construction
Project, CIP No. 20077 and authorize and direct City Clerk to re -advertise for
bids. The City received eleven (11) bids for this project, all higher than the
engineer's estimate. In addition, staff has determined that a revision of the Bid
Proposal Form would be in the City's best interest in order to clarify to bidders the
perception of ambiguity of the landscape island bio -retention basin installation bid
quantity requirements.
Motion: That the City Council reject all eleven (11) bids received on the Tustin
Legacy Linear Park Segment 3 & 4 Improvements Construction Project, CIP No.
20077 and direct the City Clerk to return all bid bonds and re -advertise for bids.
6. APPROVE GRANT OF EASEMENT TO SOUTHERN CALIFORNIA GAS
COMPANY OVER PORTIONS OF LEGACY ROAD (CIP NO. 70231) IN TUSTIN
LEGACY
Construction of the ongoing Legacy Road Extension (CIP No. 70231) includes
installation of Southern California Gas Company (SoCalGas) facilities within the
roadway and adjacent parcels. It is therefore necessary for the City of Tustin to
grant an easement to SoCalGas for these facilities and for access purposes over
these parcels.
City Council October 16, 2018
Meeting Minutes Page 5 of 13
Motion: That the City Council grant an easement to the Southern California Gas
Company over a portion of Lots T & U of TR 17404 and Lot 35 of TR 17026 as
shown on the attached easement document exhibits for gas facilities and access
purposes, and authorize the Mayor and City Clerk to execute the document on
behalf of the City.
7. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 405 W. MAIN STREET
The Mills Act is State legislation that provides for reduced property taxes on an
eligible historic property if the property owner agrees to maintain and preserve
the property for a minimum of ten (10) years. On June 16, 1997, the City Council
authorized the implementation of a Mills Act program and established a policy
specifying which properties would be eligible for the program. Attachment A of
this report includes a draft historic property preservation agreement for the
property located at 405 West Main Street. This is the nineteenth (19th) historic
property preservation agreement to be considered by the Council. The agreement
contains standard language that is required by State law and customized terms,
standards, and conditions for the property. Because the property is in very good
condition, the improvements required over the minimum ten (10) -year contract
term are relatively minor.
Owner: Laura Lee Cortez Location: 405 W. Main Street
Motion: That the City Council adopt Resolution No. 18-69 authorizing the
execution of a Historic Property Preservation Agreement (Mills Act Contract) with
Laura L. Cortez, the owner of the property, located at 405 West Main Street.
RESOLUTION NO. 18-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT
DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC
PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS
EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 405 WEST
MAIN STREET, TUSTIN, CALIFORNIA.
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 8)
8. ORDINANCE NO. 1498 APPROVING ZONE CHANGE (ZC) 2017-00001
INCLUDING ADOPTION OF THE RED HILL AVENUE SPECIFIC PLAN (SP -
13) AND AMENDMENT TO THE CITY OF TUSTIN ZONING MAP; GENERAL
PLAN AMENDMENT (GPA) 2017-00001 FOR CHANGES TO THE TEXT AND
LAND USE MAP; FINDING/CERTIFYING THE FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE PROJECT IS
ADEQUATE
City Council October 16, 2018
Meeting Minutes Page 6 of 13
PowerPoint presentation provided by Director of Community Development
Elizabeth Binsack and Senior Planner Erica Demkowicz.
In February 2016, the City of Tustin City Council directed Staff to initiate the
preparation of a specific plan for a portion of the Red Hill Avenue corridor just
north and south of the 1-5 freeway with the goal of promoting revitalization within
the existing commercial district.
On August 14, 2018, the Planning Commission held a public hearing on the
adoption of the RHASP and associated General Plan Amendment, Zone Change
and DPEIR to establish new land use regulations and design criteria for
development within a 36 -acre area along Red Hill Avenue. At the meeting, public
comments were received and questions were raised by the Planning Commission
that required additional clarification. As a result, the meeting was continued to
September 25, 2018.
At the September 25, 2018 Planning Commission meeting, additional public
comments were received and after additional discussion, the Commission
adopted Resolutions Nos. 4367, 4368 and 4369 recommending approval of the
RHASP to the City Council. The recommendation of the Commission also
included the following amendments to the RHASP which are described below:
1. Revise the maximum number of stories/height from five (5) to four (4)
stories and an overall maximum building height of fifty (50) feet.
2. Require as standard, additional on-site parking and a parking
management plan within the Specific Plan.
3. Require as a finding, in allocation of the 500 Residential Allocation
Reservations units that the City shall consider an equitable distribution
within the Specific Plan Area such that no one parcel receives a
disproportionate number of units.
In addition, the Planning Commission recommended that the City Council
address:
1. Traffic and circulation impacts related to Red Hill Avenue and Interstate 5
freeway.
2. Parkland fees - that parkland in the area be a priority and fees be focused
within or adjacent to the Specific Plan area.
3. Issues related to non -conforming uses/buildings/sites.
Public hearing opened at 8:01 p.m.
Public Input:
1. Neil Sherman
2. Jim Marine
City Council October 16, 2018
Meeting Minutes Page 7 of 13
3.
John Garay
4.
Michael Hubman
5.
Charlie Laumann
6.
Beverly Laumann
7.
Jerry Amante
8.
Bruce Heathcote
9.
Steve La Motte
10.
Mike Abel
11.
John Nielsen
12.
Craig Swanson
13.
Bob Stein
Public hearing closed at 8:39 p.m.
It was moved by Mayor Murray and seconded by Councilmember Bernstein that
the City Council:
1. Adopt Resolution No. 18-73, certifying the Final Program Environmental
Impact Report SCH No. 2017041031, making required environmental
findings, including a Statement of Overriding Considerations and
Mitigation Monitoring and Reporting Program, in accordance with the
requirements of the California Environmental Quality Act;
2. Adopt Resolution No. 18-74, approving General Plan Amendment 2017-
00001 for changes to the text and Land Use Map to ensure consistency
with the proposed Red Hill Avenue Specific Plan (SP -13); and
3. Have first reading of Ordinance No. 1498 and set second reading for the
next City Council meeting: Ordinance No. 1498, an Ordinance Of The City
Council Of The City Of Tustin, California, Approving Zone Change 2017-
00001 Including Adoption Of The Red Hill Avenue Specific Plan (SP -13)
And Related Amendments To The Tustin Zoning Map
Motion carried: 5-0
RESOLUTION NO. 18-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL
IMPACT REPORT (SCH# 2017041031), MAKING FINDINGS REQUIRED BY
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING THE
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP),
FINDINGS AND FACTS, AND STATEMENT OF OVERRIDING
CONSIDERATIONS IN THE APPROVAL OF THE RED HILL AVENUE
SPECIFIC PLAN (SP -13).
RESOLUTION NO. 18-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
City Council October 16, 2018
Meeting Minutes Page 8 of 13
CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (GPA 2017-00001)
INCLUDING TEXT AMENDMENTS AND AMENDMENTS TO CERTAIN
EXHIBITS/MAPS FOR THE RED HILL AVENUE SPECIFIC PLAN (RHASP).
ORDINANCE NO. 1498
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING ZONE CHANGE 2017-00001 INCLUDING
ADOPTION OF THE RED HILL AVENUE SPECIFIC PLAN (SP -13) AND
RELATED AMENDMENTS TO THE TUSTIN ZONING MAP.
REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion. (Agenda Item 9)
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DECLARING
A SHELTER CRISIS
Adoption of a resolution declaring a shelter crisis will ensure eligibility for related
state funding and will allow the City to address homelessness in a manner that is
protective of the City's homeless and the City's residents and businesses.
It was moved by Councilmember Puckett and seconded by Councilmember
Bernstein to adopt Resolution 18-75 (Attachment A) declaring a shelter crisis in
the City of Tustin and authorizing the City's participation in the Homeless
Emergency Aid Program in accordance with Government Code Sections 8698 et
seq.
Motion carried: 5-0
RESOLUTION NO. 18-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
DECLARING A SHELTER CRISIS PURSUANT TO SB 850 (CHAPTER 48,
STATUTES OF 2018 AND GOVERNMENT CODE § 8698.2)
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager Jeffrey C. Parker
Thanked the Public Work's, Field Services Division for an excellent job addressing all the
tree damages throughout the city due to the severe wind issues; received nice emails from
Tustin residents regarding how quickly Field Services cleared the debris and damages.
Expressed condolences and sympathies to the family members of the resident who was
killed when a large tree fell on her car due to the severe winds
City Council October 16, 2018
Meeting Minutes Page 9 of 13
COUNCILMEMBER COMMENTS AND REPORTS
Councilmember Bernstein
October 3
Attended the Orange County Sanitation District Operations Committee meeting; discussed
Cyber Security.
October 8
Attended the Orange County Sanitation District Legislative and Public Affairs Committee
meeting; discussed voting for Prop 3 in the upcoming elections.
October 11
Attended the Municipal Water District of Orange County (MWDOC) Water Policy Forum
and Dinner; had the pleasure of representing Tustin; presentation was given by Gloria D.
Gray, newly elected Chairwoman for the Metropolitan Water District Board of Directors.
October 13
Attended the Mr. Tustin Pageant; had a fabulous time; congratulated all the contestants
who participated in the event; thanked all the sponsors; the event doubled their funds
compared to last year's event; congratulated Johnny Parker on being crowned Mr. Tustin.
October 15
Attended the Tustin Chamber of Commerce Candidate Forum; candidates running for the
Tustin Unified School District Board as well as Tustin City Council participated in the event;
thanked the Tustin Chamber of Commerce for organizing and facilitating the event.
Thanked the Tustin Public Works Department for doing an excellent job addressing the
damages due to the wind; observed staff from the Public Works Department as well the
Tustin Police Department working together to block streets and clean-up the tree debris.
Extended condolences to the young lady who was killed by a falling eucalyptus tree in
Tustin; terrible tragedy; deepest sympathies to her family.
Wished wife Randi Bernstein a Happy 31St Wedding Anniversary.
Councilmember Puckett
October 4
Attended the Southern California Association of Governments (SCAG) meeting.
October 4-7
Attended the Tustin Tiller Day's event.
October 10
Attended the Tustin Chamber of Commerce Monthly Membership Breakfast meeting.
City Council October 16, 2018
Meeting Minutes Page 10 of 13
October 11
Attended the Transportation Corridor Agencies (TCA) Board meeting.
October 12
Attended the Fullerton Mayor's Prayer Breakfast; speaker was a former mob boss from
New York; had very interesting stories.
October 13
Participated in the Second Annual Mr. Tustin Pageant; had a fabulous time; congratulated
Johnny Parker for winning the contest; the Miss Tustin organization raised triple the
amount than the previous year; great to have proceeds go to the scholarship fund.
October 15
Attended the Tustin Chamber of Commerce, Candidate Forum; thanked the Tustin
Chamber of Commerce for hosting the event.
Councilmember Clark
October 4-7
Attended Tustin Tiller Days; had a wonderful time with family at the event; remembers
attending the event as a child; thanked Cherrill Cady, Tiller Day Parade Chair and Marilyn
Buescher, Recreation Supervisor for their hard work with the event.
October 11
Attended the California Women's Leadership Association luncheon; honored their Women
to Watch; nominated Tustin community member Thao Tran -Chang, who is very active in
the Tustin Girl Scouts.
Announced a Tustin resident had passed away after contracting the West Nile virus;
expressed condolences to her family members.
Announced the amount of mosquitos has decreased in Tustin; less mosquitos are carrying
the West Nile virus.
Mayor Pro Tem Gomez
Deferred comments due to the lateness of the time.
Mayor Murray
October 4
o Attended the Association of California Cities — Orange County (ACCOC) Business
and Ballot Dinner.
o Attended the Tustin Tiller Days Kick -Off Dinner.
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City Council October 16, 2018
Meeting Minutes Page 11 of 13
o Attended the Auto Dealers Business Luncheon; keynote speaker was former Navy
Blue Angel Pilot, John Foley.
o Celebrated daughter Emily's birthday.
October 6
Participated in the Tustin Tiller Days Parade with wife Tammy and daughter Emily; thanked
Cherrill Cady, Tustin Tiller Days Parade Chair, Bob Hemley, and everyone involved with
the parade.
October 7
Celebrated daughter Emily and wife Tammy's birthdays; also celebrated Wedding
Anniversary with wife Tammy.
October 8
Attended the Orange County Transportation Authority (OCTA) Board of Directors meeting.
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Attended the Orange County Fire Authority (OCFA), Fire Services Event in downtown
Santa Ana.
October 10
Attended the Tustin Chamber of Commerce Monthly Membership Breakfast meeting;
congratulated Tustin Police Officer, Shonn Rojas for receiving the Officer of the Month
Award; thanked Jeffrey C. Parker, Tustin City Manager for his presentation.
Thanked city staff for doing an excellent job with the cleanup of all the tree debris.
Congratulated the Tustin Parks and Recreation staff for their great job with the Tustin Tiller
Days event.
Thanked colleagues for the tough decisions they had to make with the challenging items
and for all their hard work.
Offered condolences to the Bermas Family who lost their family member when a
eucalyptus tree fell on her in Tustin, during the Santa Ana winds.
Recessed at 9:44 p.m.
Reconvened at 11:00 p.m.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council unanimously
approved the terms of a settlement agreement in the litigation that is referenced in Item 5 on
this evening's agenda, the final approval of which rests with other parties to the litigation. As
soon as the settlement becomes final, and upon inquiry by any person, the City will disclose
the substance of the agreement.
City Council October 16, 2018
Meeting Minutes Page 12 of 13
In addition, the Council unanimously directed the initiation of non -judicial foreclosure
proceedings regarding the affordable unit at 92 Liberty Street. Other than that there was no
reportable action.
ADJOURNED at 11:01 p.m. The next meeting is scheduled on Tuesday, November 6, 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 October 16, 2018
Meeting Minutes Page 13 of 13