HomeMy WebLinkAboutCC MINUTES 11-06-18CITY OF TUSTIN REGULAR NOVEMBER 6, 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 #2443 at 5:35 p.m.
ROLL CALL — City Clerk
Present: Mayor Al Murray, 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 1-4 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)
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
City Council November 6, 2018
Minutes Page 1 of 13
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]: (4 cases)
A.
Property
Address/Description
430-371-27, 28, 61; 430-381-38, 39, 40, 41, 43, 65,
66, 67, 68, 69, 74, 75
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
Address/Description
430-271-77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88,
89, 90, 91, 92, 93; 430-371-38, 39, 40, 41, 42, 43, 44,
45, 46, 47, 48, 50, 51, 52, 54, 55, 56, 57, 58, 59, 60,
73, 74, 76, 77
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
Address/Description
430-381-27, 28, 29, 30, 31, 32, 33, 35
Agency
City of Tustin
City Negotiators
Negotiating Parties
Jeffrey C. Parker, City Manager; Jerry Craig, Deputy
Director of Economic Development
Jamboree Housing Corporation; Laura Archuleta,
President
Under Negotiation
Price and Terms of Payment
D.
Property
Address/Description
1941 EI Camino Real, APN: 500-071-12
Agency
City of Tustin
City Negotiators
Jeffrey C. Parker, City Manager; Jerry Craig, Deputy
Director of Economic Development
City Council November 6, 2018
Minutes Page 2 of 13
Recessed at 5:33 p.m.
Councilmember Clark arrived at 5:34 p.m.
DRAFT ACTION MINUTES OF THE REGULAR MEETING
OF THE TUSTIN CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2443 at 7:09 p.m.
INVOCATION - Councilmember Puckett
PLEDGE OF ALLEGIANCE — Councilmember Puckett
PRESENTATIONS —
Mayor Murray presented Certificates of Recognition to Beckman High School students: Metztli
Mora and Karla Camacho in honor of their participation in The Clubhouse Network's 2018
Teen Summit through ListoAmerica.
Kristen Camuglia, Manager, Government Affairs, Cox Communications provided a
PowerPoint presentation.
Mayor Murray presented a Proclamation to Jeffrey Vu in honor of National Nurse
Practitioner Week: November 11 th-17th.
Dave Simpson, Manager, Regional Initiatives, Orange County Transportation Authority
provided an updated regarding recent projects.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
City Council November 6, 2018
Minutes Page 3 of 13
Negotiating Parties
Family Promise of Orange County, Melody Mosley -
President
Under Negotiation
Price and Terms of Payment
Recessed at 5:33 p.m.
Councilmember Clark arrived at 5:34 p.m.
DRAFT ACTION MINUTES OF THE REGULAR MEETING
OF THE TUSTIN CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2443 at 7:09 p.m.
INVOCATION - Councilmember Puckett
PLEDGE OF ALLEGIANCE — Councilmember Puckett
PRESENTATIONS —
Mayor Murray presented Certificates of Recognition to Beckman High School students: Metztli
Mora and Karla Camacho in honor of their participation in The Clubhouse Network's 2018
Teen Summit through ListoAmerica.
Kristen Camuglia, Manager, Government Affairs, Cox Communications provided a
PowerPoint presentation.
Mayor Murray presented a Proclamation to Jeffrey Vu in honor of National Nurse
Practitioner Week: November 11 th-17th.
Dave Simpson, Manager, Regional Initiatives, Orange County Transportation Authority
provided an updated regarding recent projects.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
City Council November 6, 2018
Minutes Page 3 of 13
ORAL COMMUNICATION/PUBLIC INPUT —
1. Barbara Boyd
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 9)
It was moved by Councilmember Puckett and seconded by Councilmember Clark to pull
Item No. 5 and move the balance of the Consent Calendar.
Motion carried: 5-0
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON
THE AGENDA
Motion: That the City Council waive reading in full of all ordinances and
resolutions on the agenda and declare that said titles which appear on the public
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 16, 2018.
Motion: That the City Council approve the Action Minutes of the Regular Meeting
of the City Council held on October 16, 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: It is recommended that the City Council approve Payroll in the amount
of $823,255.05 and $818,149.80; and Demands in the amount of $3,535,734.60.
4. SECOND AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT WITH
SCHOOLSFIRST FEDERAL CREDIT UNION
Second Amendment to the Exclusive Negotiation Agreement (ENA) with
SchoolsFirst Federal Credit Union (SchoolsFirst) extending the negotiating period
to January 15, 2019.
City Council November 6, 2018
Minutes Page 4 of 13
Motion: It is recommended that the City Council authorize the City Manager to
execute the Second Amendment to the ENA, subject to any non -substantive
modifications as may be deemed necessary and/or recommended by the City's
special real estate counsel or the City Attorney.
5. OFFICIAL POLICE TOWING SERVICE AGREEMENTS
The City of Tustin has three tow companies on rotation to provide towing services
for the Tustin Police Department. This is to keep the roadways clear for the
purposes of public safety. The Official Police Towing Agreements have expired
for the City of Tustin and we are currently operating on a month-to-month
contractual basis. The City of Tustin initiated a Request for Proposal (RFP)
process to which four tow companies responded with proposals. Upon conclusion
of the process, three tow companies have been selected for award of the contract
for non-exclusive towing services for the City of Tustin. The contract, like the
previous contract, is for three years, with the possibility of two, two-year
extensions.
Public Input: Jody Campbell, Metro Pro
Lieutenant Ryan Coe provided an overview of the selection process.
It was moved by Mayor Murray and seconded by Councilmember Puckett to
receive and file the Police Department's selection of the following three
companies for the Official Police Towing Service Agreement, effective December
1, 2018:
1. Archie's Towing
2. Greater Southern California Towing
3. John's Towing
Motion carried: 4-1 (Councilmember Bernstein dissented)
6. TICKETS AND PASSES DISTRIBUTION POLICY
Adoption of the proposed Tickets and Passes Distribution Policy ensures that any
ticket or pass provided to the City by any third party or purchased or obtained
directly by the City shall be distributed to City Officials in a manner that serves or
promotes a public purpose of the City in accordance with Section 18944.1 of the
Fair Political Practices Commission (FPPC) Regulations.
Motion: It is recommended that the City Council adopt Resolution No. 18-77,
adopting the Tickets and Passes Distribution Policy.
RESOLUTION NO. 18-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING A TICKETS AND PASSES DISTRIBUTION POLICY
City Council November 6, 2018
Minutes Page 5 of 13
IN ACCORDANCE WITH FAIR POLITICAL PRACTICES COMMISSION
REGULATION 18944.1
7. REIMBURSEMENT OF INFRASTRUCTURE DESIGN COSTS AND
RESOLUTION OF EXCLUSIVE NEGOTIATING AGREEMENT WITH OMBRP
LLC
This item brings closure to outstanding issues with the Community Core
Development (Neighborhood D North) negotiations between the City and
OMBRP LLC (OMBRP).
Motion: It is recommended that the City Council:
1. Approve reimbursement of the Community Core Development
(Neighborhood D North) infrastructure design costs; and
2. Authorize the City Manager to execute the termination letter for the
Exclusive Negotiating Agreement with OMBRP LLC.
8. EXTENDING THE TERM OF THE PROJECT POSITION OF
TRANSPORTATION COORDINATOR
Adoption of the attached Resolution will extend the term of the project position of
Transportation Coordinator by two (2) years.
Motion: It is recommended that the City Council adopt Resolution No. 18-82 to
extend the term of the project position of Transportation Coordinator by two (2)
years.
RESOLUTION NO. 18-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, EXTENDING THE TERM OF THE PROJECT POSITION OF
TRANSPORTATION COORDINATOR
9. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY
Government Code Section 53646 requires that the Treasurer submit an
Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted Investment
Policy.
Motion: It is recommended that the City Council receive and file.
REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion. (Agenda Items 10-16)
City Council November 6, 2018
Minutes Page 6 of 13
10. RESOLUTION AUTHORIZING CONVERSION OF A PUBLIC FACILITY INTO
A FACILITY FOR UNSHELTERED INDIVIDUALS AND DECLARING THE
NEED FOR THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO
CONVERT THE CITY -OWNED STRUCTURES
City Manager Jeffrey C. Parker and City Attorney David E. Kendig provided a
PowerPoint presentation.
Adoption of resolutions declaring the need for the immediate expenditure of public
money in order to convert City -owned structures into shelter for unsheltered men,
women and children will enable the City: (1) to protect the health, safety and
welfare of residents by housing unsheltered individuals; (2) to comply with the
Federal Court 120 day deadline to open a shelter for the homeless; and (3) to
enforce ordinances prohibiting unregulated homeless encampments in public
areas such as the City's camping and related ordinances, thus protecting the
quality of life in Tustin.
Public Input:
1.
Vinod Bommaiah
2.
Jeff Lawrence
3.
Tricia Agnew
4.
Janel Bommaiah
5.
Lauren Tuculescu
6.
Michelle Wisniewski
7. Reverend Valerie Hart
8. Costin Tuculescu
9. Steven Rivera
10. Kyle Shallahamer
11. Cyndee Albertson
12.Jim Blake
13. Pia Lewis
14. David Hsu
15. Erika Hsu
16. Reverend Laura Siriani
17.Adriana Shin
18. Kevin Broulette
19. Jennifer Dienhart
20. Jack Chen
21. Pamela Lawrence
22. Tab Johnson
23. Tiffany Kuykendall
24. Michael Arnot
25. Susanne Tirona
26. Charles Eldridge
27. Jessica Moland
City Council November 6, 2018
Minutes Page 7 of 13
28. Rich Cano
29. David Le
30. Wayne Forsythe
31. Mary Hill
32. Tina Diep
33. Dior Watanabe
34. Deniz Erkham
35. Tina Do
36. Chris Chao
37. David Laughray
38. Cathy Vallevieni
39. Winnie Pham-Villalvazo
40. James Rumley
41. Kathy Chuang
42. Jonathan Bontoft
43. Ariana Patel
44. Sherry Sanborn
45. Janet Di Fiore
46. Paul Albarian
47. Jenifer Nguyen
48. Andres Madrigal
Recessed at 9:48 p.m.
Reconvened at 10:04 p.m.
It was moved by Mayor Pro Tem Gomez and seconded by Mayor Murraythat
City Council:
1. Adopt Resolution 18-76 (Attachment A) authorizing conversion of City-
owned structures into a shelter for unsheltered individuals; and
2. Approve the Notice of Exemption (Exhibit B) and the Notice of
Determination (Exhibit C), and direct staff to file them with the County
Clerk; and
3. Adopt Resolution 18-84 (Attachment F) declaring the necessity of the
immediate expenditure of public money to convert the structures pursuant
to Public Contract Code § 20168; and delegating authority to order action
in furtherance of such conversion pursuant to Public Contract Code §
22050(B)(1); (4/5ths vote required), and
4. Direct staff to initiate outreach to solicit public input regarding the long-term
location of a homeless shelter, and
5. Staff a Police Officer at the site from 7:00 a.m. to 6:00 p.m. during school
hours; and
City Council November 6, 2018
Minutes Page 8 of 13
6. Direct staff to pursue a permanent site as quickly as possible.
Motion carried: 5-0
RESOLUTION NO. 18-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AUTHORIZING CONVERSION OF CITY -OWNED STRUCTURES INTO A
SHELTER FOR UNSHELTERED INDIVIDUALS
RESOLUTION NO. 18-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
DECLARING THE NECESSITY OF THE IMMEDIATE EXPENDITURE OF
PUBLIC MONEY TO CONVERT CITY -OWNED STRUCTURES INTO SHELTER
FOR THE HOMELESS PURSUANT TO PUBLIC CONTRACT CODE § 20168;
AND DELEGATING AUTHORITY TO ORDER ACTION IN FURTHERANCE OF
SUCH CONVERSION PURSUANT TO PUBLIC CONTRACT CODE §
22050(b)(1))
11. PLANNING COMMISSION AS HISTORIC AND CULTURAL RESOURCES
ADVISOR PROGRAM
On April 3, 2018, the City Council received public comment from the Tustin
Preservation Conservancy requesting the City Council reinstate the Historic
Resources Committee (HRC) as a separate committee. Mayor Pro Tem Gomez
requested that the matter be set for a Council agenda with background
information.
On July 17, 2018, and October 8, 2018, staff provided the City Council with
historical background information related to the HRC and data regarding other
cities' programs throughout the County and State. At the October 8, 2018,
meeting, the City Council stated its intent to retain the Planning Commission as
the City's HRC to conserve City resources and requested staff make
recommendations on a specific historic resources program and training for
Planning Commissioners in their roles as historic and cultural resources advisors.
It was moved by Councilmember Bernstein and seconded by Councilmember
Puckett to adopt Resolution No. 18-78 affirming the Planning Commission shall
continue to act in an advisory capacity on matters related to historic and cultural
resources and adopt a program establishing their roles, responsibilities, and
annual work program and return with an update in one year.
Motion carried:5-0
RESOLUTION NO. 18-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AFFIRMING THE PLANNING COMMISSION ACTING AS
City Council November 6, 2018
Minutes Page 9 of 13
HISTORIC AND CULTURAL RESOURCES ADVISOR PURSUANT TO TUSTIN
CITY CODE 9252c AND ESTABLISHING A PROGRAM DEFINING THE
COMMISSION ROLES, RESPONSIBILITIES AND ANNUAL WORK PROGRAM
12. AWARD CONTRACT FOR CLOSED CIRCUIT SURVEILLANCE SYSTEM
UPGRADE AT CIVIC CENTER
Staff requests that the City Council award the contract to Convergint
Technologies for the Closed Circuit Surveillance System (CCTV) upgrade at the
Civic Center. The CCTV upgrade is initiative #30 of the 5 -year IT Application
Plan.
It was moved by Councilmember Puckett and seconded by Mayor Murray that
the Council:
1. Award the contract to Convergint Technologies for the Closed Circuit
Surveillance System upgrade and authorize the City Manager to execute the
contract documents on behalf of the City; and
2. Approve supplemental appropriations in the amount of $509,980 from
unappropriated reserves of the General Fund (Fund 100).
Motion carried: 5-0
13. EXCLUSIVE NEGOTIATING AGREEMENT WITH FAMILY PROMISE OF
ORANGE COUNTY
City Council approval is requested to enter into an Exclusive Negotiating
Agreement ("ENA") with Family Promise of Orange County, Inc. ("Family
Promise").
Public Input:
1. Cyndee Albertson
2. Mark Kiner
3. Soledad Rivera
It was moved by Mayor Murray and seconded by Councilmember Puckett to
authorize the City Manager to enter into an Exclusive Negotiating Agreement by
and between the City of Tustin and Family Promise.
Motion carried: 5-0
14. SECOND READING AND ADOPTION OF ORDINANCE NO. 1498
Ordinance No. 1498 amends the Tustin City Code by approving Zone Change
2017-00001 including adoption of the Red Hill Avenue Specific Plan (SP -13) and
City Council November 6, 2018
Minutes Page 10 of 13
related amendments to the Tustin Zoning Map.
It was moved by Councilmember Puckett and seconded by Mayor Murray that
the City Council have second reading by title only and adoption of Ordinance No.
1498.
Motion carried: 5-0
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
15. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE
MANAGEMENT AND MANAGEMENT EMPLOYEES
Adoption of the attached Resolution will authorize terms and conditions of
employment for unrepresented Executive Management and Management
employees in accordance with City Council direction.
City Attorney David E. Kendig Report: The amended salary resolution for
Executive Management employees would provide Executive Management
employees with the voluntary opportunity to cash out additional General Leave,
in any amount, as long as at least 200 hours of General Leave remain in the
employee's General Leave bank after the cash out. There are no other changes
to the compensation and benefits for Executive Management employees.
It was moved by Councilmember Puckett and seconded by Mayor Murray that
the City Council adopt Resolution No. 18-80 amending the City's Classification
and Compensation Plans for Executive Management and Management
employees.
Motion carried: 5-0
RESOLUTION NO. 18-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR
UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT
EMPLOYEES, AND SUPERSEDING RESOLUTION 18-62
16. SIXTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
City Manager Jeffrey C. Parker recused himself.
Adoption of the attached Resolution will amend the terms and conditions of
employment for the City Manager.
City Council November 6, 2018
Minutes Page 11 of 13
City Attorney David E. Kendig Report: The proposed Amendment to the City
Manager's Employment Agreement would extend the term of the Agreement from
July 5, 2019 to July 3, 2020. In addition, the proposed Amendment would provide
the City Manager with a vehicle allowance in lieu of a City vehicle and additional
City -paid contributions to the City Manager's deferred compensation plan of
$1,271.00 per biweekly pay period. All other terms and conditions of employment
would remain the same.
It was moved by Councilmember Bernstein and seconded by Mayor Murray that
the City Council adopt Resolution 18-81 approving Amendment No. 6 to the
Employment Agreement with the City Manager and authorize the Mayor to
execute the Amendment.
Motion carried: 5-0
RESOLUTION NO. 18-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING AMENDMENT NO. 6 TO THE EMPLOYMENT AGREEMENT
WITH THE CITY MANAGER
City Manager Jeffrey C. Parker returned the meeting.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager Jeffrey C. Parker
Announced due to the City of Tustin election results not being certified until after December
4, 2018, there may be a Special City Council meeting to swear -in the new City
Councilmembers.
Announced there was a Town Hall meeting on a temporary Homeless Shelter the previous
night; many residents were in attendance; significant discussion occurred; thanked the City
Clerk's Office, the City Manager's Office, and the Police Department for their help facilitating
the meeting; thanked City Attorney David E. Kendig for his PowerPoint presentation and
hard work; thanked Assistant City Manager Matthew West for his due diligence in putting
everything together for the Town Hall meeting and the City Council meeting.
COUNCILMEMBER COMMENTS AND REPORTS
Mayor Murray
Due to the late time of the evening, asked colleagues to defer their comments to the next
City Council meeting.
ADJOURNED IN MEMORY OF THE VICTIMS OF
City Council November 6, 2018
Minutes Page 12 of 13
THE MASS SHOOTING ON OCTOBER 27, 2018 IN PITTSBURG, PENNSYLVANIA
ADJOURNED IN MEMORY OF
COSTA MESA FIRE CAPTAIN MIKE KREZA
ADJOURNED at 11:03 p.m. The next meeting is scheduled on Tuesday, November 20, 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.
ERICA N. YA U A,
City Clerk
City Council November 6, 2018
Minutes Page 13 of 13