HomeMy WebLinkAbout02 CC MINUTES 12.4.18 AND 12.6.18Agenda Item 2
Reviewed:
City Manager ENY
Finance Director N/A
CITY OF TUSTIN REGULAR DECEMBER 4, 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
5:30 P.M.
CALL TO ORDER — Meeting #2445 at 5:35 p.m.
ROLL CALL — City Clerk
Present: Mayor Murray, Mayor Pro Tem Gomez and Councilmembers Dr. Allan
Bernstein and Charles E. Puckett
Absent: 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 Item Nos. 1-3 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 December 4, 2018
Meeting Minutes Page 1 of 9
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
Recessed at 5:36 p.m.
Councilmember Clark arrived at 6:40 p.m.
MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2445 at 7:08 p.m.
INVOCATION — Orange County Fire Authority Chaplain Harry Robinson
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Gomez
PRESENTATIONS —
Recognition of Mayor Pro Tem Rebecca Gomez for Years of Service to the Tustin
Community
The following individuals presented to Mayor Pro Tem Gomez:
■ Congresswoman Mimi Walters' Representative Luis Reyes
■ Supervisor Todd Spizer's Representative Al Tell
■ Tustin Unified School District Board Member Jonathan Abelove and Superintendent
Gregory Franklin
■ Tustin Chamber of Commerce Dr. David Laughray
■ Tustin City Council Members
Recognition of Mayor Elwyn A. Murray for Years of Service to the Tustin Community
The following individuals presented to Mayor Murray:
■ Congresswoman Mimi Walters' Representative Luis Reyes
■ Supervisor Todd Spizer's Representative Al Tell
■ Tustin Unified School District Board Member Jonathan Abelove and Superintendent
City Council December 4, 2018
Meeting Minutes Page 2 of 9
Gregory Franklin
■ Tustin Chamber of Commerce Dr. David Laughray
■ Orange County Fire Authority Chief Brian Fennessy
■ Tustin City Council Members
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
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 8)
It was moved by Mayor Murray and seconded by Mayor Pro Tem Gomez to approve the
Consent Calendar 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 — THE REGULAR MEETING OF THE CITY
COUNCIL HELD ON NOVEMBER 20, 2018.
Motion: That the City Council approve the Action Minutes of the Regular Meeting
of the City Council held on November 20, 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 $825,607.67; and Demands in the amount of $1,553,708.40.
City Council December 4, 2018
Meeting Minutes Page 3 of 9
4. ADOPT RESOLUTION NO. 18-85 TO ACCEPT IMPROVEMENTS FOR THE
RED HILL AVENUE WIDENING AND MEDIAN IMPROVEMENTS PROJECT
FROM BARRANCA PARKWAY TO EDINGER AVENUE, CIP NOS. 70197,
70226 & 70227, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE
OF COMPLETION
Construction of the Red Hill Avenue Widening and Median Improvements Project
from Barranca Parkway to Edinger Avenue, CIP Nos. 70197, 70226 & 70227, has
been completed to the satisfaction of the City Engineer and is now ready for City
Council acceptance.
Motion: That the City Council take the following actions:
Adopt Resolution No. 18-85 accepting the construction of the Red Hill
Avenue Widening and Median Improvements Project from Barranca
Parkway to Edinger Avenue, CIP Nos. 70197, 70226 & 70227; and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the Orange County Recorder's Office.
RESOLUTION NO. 18-85
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 RED HILL AVENUE WIDENING AND MEDIAN IMPROVEMENTS
PROJECT FROM BARRANCA PARKWAY TO EDINGER AVENUE, CIP NOS.
70197, 70226 & 70227
5. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 265 PACIFIC 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 265 Pacific Street.
Owner: Maryann Cazzell, as Trustee of the Maryann Cazzell 2003 Revocable
Family Living Trust (Ms. Cazzell)
Location: 265 Pacific Street
Motion: That the City Council adopt Resolution No. 18-91 authorizing the
execution of a Historic Property Preservation Agreement (Mills Act Contract) with,
Ms. Cazzell, the owner of the property, located at 265 Pacific Street.
City Council December 4, 2018
Meeting Minutes Page 4 of 9
RESOLUTION NO. 18-91
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 265
PACIFIC STREET, TUSTIN, CALIFORNIA.
6. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 150 MOUNTAIN VIEW DRIVE
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 150 Mountain View Drive. 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: Lee K. Fink
Location: 150 Mountain View Drive
Motion: That the City Council adopt Resolution No. 18-86 authorizing the
execution of a Historic Property Preservation Agreement (Mills Act Contract) with
Lee K. Fink, the owner of the property, located at 150 Mountain View Drive.
RESOLUTION NO. 18-86
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 150
MOUNTAIN VIEW DRIVE, TUSTIN, CALIFORNIA.
7. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT
The Local Transportation Authority Ordinance No. 3 requires the City to adopt an
annual Expenditure Report to account for the Net Revenues, developer/traffic
impact fees, and funds expended by the City, which satisfy the Maintenance of
Effort (MOE). The Orange County Transportation Authority (OCTA) established
the MOE benchmark in conjunction with passage of the original Measure M. MOE
City Council December 4, 2018
Meeting Minutes Page 5 of 9
is a requirement that the City expend local funds on transportation related projects
each fiscal year in order to be eligible to receive Measure M2 Fairshare funds;
the City's required MOE expenditure is $1,455,691.
Motion: That the Tustin City Council Adopt Resolution No. 18-90, adopting the
Measure M2 Expenditure Report for Fiscal Year 2017-2018 (attached) and direct
staff to file the report with the Orange County Transportation Authority.
RESOLUTION NO. 18-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, THE ANNUAL MEASURE M2 FAIRSHARE EXPENDITURE
REPORT FOR FISCAL YEAR 2017-2018
8. CITY OF TUSTIN STRATEGIC PLAN FY 2018/19 THROUGH FY 2022/23
The attached Strategic Plan for FY 2018/19 through FY 2022/23 reflects a lengthy
collaborative process that builds upon the success of the prior Strategic Plan (FY
2012/13 through FY 2017/18) and has culminated in a document that will guide
and inform policy and program decisions for the next five years. The strategic
plan has been developed with consideration for the community and organization's
most important priorities.
Motion: That the City Council receive and file the attached Strategic Plan for the
City of Tustin for FY 2018/19 through FY 2022-23.
REGULAR BUSINESS ITEMS 9-10
9. DECLARING RESULTS OF NOVEMBER 6, 2018 GENERAL MUNICIPAL
ELECTION
On November 6, 2018, the City's General Municipal Election was held to elect
two Members of the City Council. The Orange County Registrar of Voters has
certified the results of that election.
It was moved by Councilmember Clark and seconded by Councilmember Puckett
to adopt Resolution No. 18-92 declaring the results and other such matters as
provided by law for the November 6, 2018 General Municipal Election.
Motion carried: 5-0
RESOLUTION NO. 18-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DECLARING THE RESULTS OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 6, 2018, AND OTHER SUCH MATTERS AS
PROVIDED BY LAW
INITIATIVE ORDINANCE NO. 1499
City Council December 4, 2018
Meeting Minutes Page 6 of 9
AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING SECTION 2703 OF THE TUSTIN CITY CODE TO INCREASE THE
TRANSIENT OCCUPANCY TAX
10. MAYOR AND MAYOR PRO TEM SELECTION
The City Council selects those members of the Council who will serve as Mayor
and Mayor Pro Tem for the following year.
City Attorney David E. Kendig opened the nomination process for Mayor.
Councilmember Bernstein nominated Councilmember Puckett. No additional
nominations were received.
Mayor Puckett opened the nomination process for Mayor Pro Tem. Mayor
Puckett nominated Councilmember Bernstein. Councilmember Cooper
nominated Councilmember Clark.
Due to more than one nomination, the City Clerk distributed ballots. The City Clerk
read the votes: Councilmember Dr. Allan Bernstein received the following votes:
Mayor Puckett, Councilmember Clark, Councilmember Lumbard and Dr. Allan
Bernstein. Councilmember Clark received one nomination from Councilmember
Cooper.
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. Steve Norman
2. Costin Tuculescu
3. Winnie Pham-Villalvazo
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager Jeffrey C. Parker
Announced there will be a Special City Council Meeting on Thursday, December 6, 2018 at
6:30 p.m.; discussion will be on the temporary homeless shelter.
Welcomed new City Councilmembers Barry W. Cooper and Austin Lumbard; looking
forward to working with both of them; congratulated Mayor Puckett and Mayor Pro Tem
Bernstein on their new positions; looking forward in sharing great success with the City
Council.
City Council December 4, 2018
Meeting Minutes Page 7 of 9
City Attorney David E. Kendig
Welcomed new City Councilmembers Barry W. Cooper and Austin Lumbard.
COUNCILMEMBER COMMENTS AND REPORTS
Councilmember Cooper
Thanked everyone who attended Swearing -In Ceremony; thanked friends, business
colleagues and Supervisor Spitzer's Field Deputy Al Tello for their support; thanked his
family and especially his son for his words of wisdom; thanked Community Services
Commissioner Donna Marsh -Perry, former Tustin City Councilmembers A.J. "Tony" Coco
and John Nielsen for their guidance and support; thanked Eric and James Perez for their
help through the campaign process.
Councilmember Lumbard
Congratulated former Mayor Pro Tem Gomez and outgoing Mayor Murray for their hard
work and dedication to the Tustin community the past eight years; congratulated Mayor
Puckett and Mayor Pro Tem Bernstein on their new positions; thanked his parents, family
friends Mike and Susan Wright, his sister Rachel, his brother-in-law Chris, his wife and their
two oldest children for their support and for attending the Swearing -In Ceremony; thanked
everyone for their support; looks forward to listening to the community and responding to
their needs.
Councilmember Clark
Congratulated Councilmembers Barry W. Cooper and Austin Lumbard on their elected
positions; thanked Councilmember Cooper for the Mayor Pro Tem nomination; hopes to find
ways councilmembers can come together, find a commonality, diffuse any differences, and
remember it's about the Tustin community; looking forward to serving with the new
councilmembers.
Thanked former Mayor Pro Tem Gomez and outgoing Mayor Murray for their hard work and
dedication to the Tustin community; both were trailblazers while on the City Council;
outgoing Mayor Murray was the first African-American male mayor in Orange County;
former Mayor Pro Tem Gomez was the fifth woman elected onto the City Council; former
Mayor Pro Tem Gomez worked a full-time job, had been working on her doctrine, and
served on two elected positions.
Mayor Pro Tem Bernstein
November 28-30
Attended the League of California Cities Leaders and Board of Directors meeting; many
policies and procedures were discussed; will update everyone once policies are formulated.
City Council December 4, 2018
Meeting Minutes Page 8 of 9
November 30
Was unable to attend the Tustin Employee Appreciation event due to the League of
California Cities Leaders and Board of Directors meeting; thanked city staff for their hard
work and contribution throughout the year.
December 2
Attended the Hanukkah and Menorah Lighting Ceremony; thanked Tustin Unified School
District Board Member Jonathan Abelove, Enderle Center, and Rabbi Ezriel and everyone
who attended the event; was the largest Hanukkah Lighting and Menorah Ceremony Tustin
has had.
Congratulated the new Councilmembers Barry W. Cooper and Austin Lumbard on their
elected positions; looking forward to learning different perspectives; congratulated Mayor
Puckett on his new position; looking forward to having the entire City Council working
together.
Announced it was the third night of Hanukkah; Hanukkah is a celebration of good over evil;
wished everyone a Happy Hanukkah.
Thanked former Mayor Pro Tem Gomez and outgoing Mayor Murray for their hard work and
dedication to the Tustin community; for their guidance and opportunity to develop policies.
Mayor Puckett
Welcomed the new City Councilmembers Barry W. Cooper and Austin Lumbard;
congratulated Mayor Pro Tem Bernstein on his new position; is confident the Council can
work together for the betterment of the Tustin community.
ADJOURNED IN MEMORY OF JIM KANE
(DIRECTOR OF SADDLEBACK MORTUARY)
ADJOURNED at 8:5 p.m. The next meeting is scheduled on Tuesday, December 18, 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 December 4, 2018
Meeting Minutes Page 9 of 9
Agenda Item 2
Reviewed:
City Manager ENY
Finance Director N/A
CITY OF TUSTIN DECEMBER 6, 2018
SPECIAL MEETING COUNCIL CHAMBER
OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
Dr. Allan Bernstein, Mayor Pro Tem Jeffrey C. Parker, City Manager/
Letitia Clark, Councilmember Charles E. "Chuck" Puckett, Mayor City Treasurer
Barry W. Cooper, Councilmember Erica N. Yasuda, City Clerk
Austin Lumbard, Councilmember David E. Kendig, City Attorney
MINUTES OF THE SPECIAL CLOSED SESSION
MEETING OF THE CITY COUNCIL
5:00 P.M.
CALL TO ORDER at 5:03 p.m.
ROLL CALL — City Clerk
Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tem Dr. Allan Bernstein
and Councilmembers Letitia Clark, Barry W. Cooper and Austin
Lumbard
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 Council will convene
to discuss Items 1-2 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): (1 case)
City Council December 6, 2018
Meeting Minutes Page 1 of 4
2. 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
Recessed at 5:04 p.m.
MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL - 6:30 P.M.
CALL TO ORDER at 6:38 p.m.
INVOCATION — Mayor Puckett
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Bernstein
CLOSED SESSION REPORT — City Attorney David E. Kendig
reportable action.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Susan Sidhu
2. Donald Collie
3. Greg Solomon
4. Pamela Lawrence
5. Adriana Shin
6. Mimi Hirsch
7. Jeff Lawrence
8. Tina Diep
9. Michael Agnew
10. Lindburgh McPherson
REGULAR BUSINESS ITEM NO. 1
The Council took no
1. CONSIDERATION OF ALTERNATIVE LOCATIONS FOR TEMPORARY
EMERGENCY HOMELESS SHELTER
City Manager Jeffrey C. Parker provided a PowerPoint presentation.
City Council December 6, 2018
Meeting Minutes Page 2 of 4
This item seeks input from the public and the City Council regarding potential
alternative locations for the temporary emergency homeless shelter currently
planned at the Northeast corner of Redhill Avenue and Valencia Avenue.
Public Input:
1. Jessica Moland
2. Athena Vazquez Barroso
3. Winnie Pham
4. Parm Lalli
5. Rev Laura Siraini
6. Rev Valerie Hart
7. Cher Bartlett
8. Jim Blake
9. Allison McCraner
Recessed at 7:44 p.m.
Reconvened at 7:54 p.m.
Public Input (continued):
10.
Paul Albarian
11.
Vinny Bommaiah
12.
Lauren Tuculescu
13.
Costin Tuculescu
14.
Allison Madison
15.
Cathy Vallevieni
16.
Darlene Sparks
17.
Melissa Broulette
18.
Jeremy Schwartz
19.
Neil Sherman
20.
Sally Piccuto
21.
Duke Nguyen
22.
Adrian Henson
23.
Heather Willkinson
24.
Sun Jung
25.
Robert Duffy
26.
Michael Demoratz
27.
Mohammed Aly
It was moved by Councilmember Lumbard and seconded by Mayor Pro Tem Bernstein to
direct staff to return to the December 18, 2018 City Council meeting with a report for both
sites (The Former Army Reserve Site and The Vacant Property at the Corner of Warner and
Armstrong) including operational details, costs, timelines and distance from Heritage
Elementary School.
City Council December 6, 2018
Meeting Minutes Page 3 of 4
Motion carried: 5-0
ADJOURNED at 8:48 p.m.
City Council December 6, 2018
Meeting Minutes Page 4 of 4