HomeMy WebLinkAboutCC MINUTES 01-15-19CITY OF TUSTIN REGULAR JANUARY 15, 2019
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
Dr. Allan Bernstein, Mayor Pro Tem Jeffrey C. Parker, City Manager/
Letitia Clark, Councilmember Charles E. Puckett, Mayor City Treasurer
Barry W. Cooper, Councilmember Erica N. Yasuda, City Clerk
Austin Lumbard, Councilmember David E. Kendig, City Attorney
MINUTES OF THE CLOSED SESSION
MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — Meeting #2447 at 5:33 p.m.
ROLL CALL — City Clerk
Present: Mayor Charles E. Puckett, Mayor Pro Tem Dr. Allan Bernstein and
Councilmembers Barry W. Cooper and Austin Lumbard
- - Absent: Councilmember Letitia Clark
City Clerk: Carrie Woodward, Management Analyst
Others Present: David E. Kendig, City Attorney; Jeffrey C. Parker, City Manager
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.
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 January 15, 2019
Meeting Minutes Page 1 of 11
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]: (2 cases)
A. Property 430-271-81 portions of 430-271-78, 80, 82, 84, 92, 93,
Address/Description and portions of 430-371-41, 42, 43, 44, 45, 46, 48, 51,
54, 73, 74, 76, 77
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager & John Buchanan,
Director of Economic Development
Negotiating Parties Brookfield Homes Southern California, LLC.
Under Negotiation Price and Terms of Payment
B. Property 430-381-27, 28, 29, 30, 31, 32, 33, 35
Address/Description
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager, Jerry Craig, Deputy
Director of Economic Development
Negotiating Parties Jamboree Housing Corporation; Laura Archuleta,
President
Under Negotiation Price and Terms of Payment
5. PUBLIC EMPLOYEE APPOINTMENT (Cal. Gov't Code section 54957(b)(1).)
A. Title: Interim/Acting/Permanent City Manager
Recessed at 5:33 p.m.
Councilmember Clark arrived at 5:38 p.m.
MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
City Council January 15, 2019
Meeting Minutes Page 2 of 11
7:00 P.M.
CALL TO ORDER — Meeting #2447 at 7:24 p.m.
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE —
American Legion
PRESENTATIONS —
Mayor Puckett presented the Gem of Tustin to Pastor Dane Counts in recognition of his
dedication to the Tustin Community.
Mayor Puckett presented his 2019 Goals.
CLOSED SESSION REPORT — City Attorney David E. Kendig: City Manager Jeffrey C.
Parker announced his retirement with his last day being February 1, 2019. The City Council
unanimously appointed Matthew S. West as Acting City Manager effective February 2,
2019.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Jeff Walker
2. Samantha Smith
3. Soledad Rivera
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 Mayor Pro Tem Bernstein and seconded by Councilmember Clark 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
City Council January 15, 2019
Meeting Minutes Page 3 of 11
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 DECEMBER 18, 2018.
Motion: That the City Council approve the Action Minutes of the Regular Meeting
of the City Council held on December 18, 2018.
3. RATIFICATION OF PAYROLL
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 amounts
of $797,685.02 and $1,341,978.80.
4. ADOPTION OF THE 2019 INVESTMENT POLICY
The California Government Code provides guidelines for Cities to annually adopt —
their Investment Policy. The elected body and the Treasurer should review the
existing Investment Policy at least annually, and confirm its content at a public
meeting and annually delegate authority to invest.
Motion: Staff requests the City Council adopt the City of Tustin Investment Policy
for calendar year 2019.
5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
ADVERTISEMENT FOR BIDS FOR THE POLICE DEPARTMENT EVIDENCE
ROOM HVAC PROJECT CIP NO. 10032
The plans and specifications for the Police Department Evidence Room HVAC
Project (CIP No. 10032) have been prepared and the project is now ready for bid.
Motion: That the City Council:
1. Adopt Resolution No. 19-01 approving the plans and specifications for
the Police Department Evidence Room HVAC Project (CIP No. 10032);
and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 19-01
City Council January 15, 2019
Meeting Minutes Page 4 of 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE POLICE
DEPARTMENT EVIDENCE ROOM HVAC PROJECT CIP NO. 10032 AND
AUTHORIZING ADVERTISEMENT FOR BIDS
6. AWARD CONTRACT FOR THE FRONTIER PARK TRAIL AND IRRIGATION
PROJECT (CIP No. 20054)
Staff is recommending that the City Council award the construction contract for
the Frontier Park Trail and Irrigation Project (CIP No. 20054), to the lowest
responsive/responsible bidder, Horizons Construction Company, International,
Inc.
Motion: That the City Council award the construction contract for the Frontier
Park Trail and Irrigation Project (CIP No. 20054), to the lowest
responsive/responsible bidder, Horizons Construction Company, International,
Inc. in the amount of $835,033.08 and authorize the Mayor and the City Clerk to
execute the contract documents on behalf of the City.
7. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE
MANAGEMENT AND MANAGEMENT EMPLOYEES
Adoption of the attached Resolution will adjust the salary range for the
classification of Director of Economic Development.
Motion: That the City Council adopt Resolution No. 19-03 amending the City's
Classification and Compensation Plans for Executive Management and
Management employees.
RESOLUTION NO. 19-03
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 18-80
REGULAR BUSINESS ITEMS 8-11
8. CONTRACTOR SERVICES AGREEMENT — TEMPORARY SHELTER, INC
(AKA, ORANGE COUNTY RESCUE MISSION)
The Tustin Housing Authority ("Authority") is seeking authorization to enter into a
Contractor Services Agreement ("CSA") with Temporary Shelter, Inc., an affiliate
of the Orange County Rescue Mission, to operate the Tustin Temporary
Emergency Shelter.
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember
Lumbard that:
City Council January 15, 2019
Meeting Minutes Page 5 of 11
The Tustin Housing Authority Commissioners take the following action:
1. Authorize the Executive Director to execute a Contractor Services
Agreement with Temporary Shelter, Inc. to operate the Tustin Temporary
Emergency Shelter.
The City Council take the following actions:
1. Authorize the City Manager to execute a Contractor Services Agreement
with Temporary Shelter, Inc. to operate the Tustin Temporary Emergency
Shelter; and
2. Appropriate $986,343 in General Fund Reserves to the Tustin Housing
Authority for the purpose of funding the first year of Tustin Temporary
Emergency Shelter operations.
Motion carried: 5-0
9. REVIEW OF OLD TOWN PERMIT PARKING PROGRAM
For several years, Old Town residents expressed concerns about the impacts
related to an increase in on -street parking in the Old Town residential area, and
the City Council directed staff to address these concerns. �—
After conducting significant public outreach, the City Council: 1) directed staff on
February 20, 2018, to implement permit parking in the Old Town residential area;
2) adopted an ordinance on March 20, 2018, establishing permit parking in the
Old Town residential area; and 3) directed staff to monitor the program and to
report back to the Council.
Public Input:
1. David Arnold
2. Darlene Savord
3. Natasha Bhagat
4. Thomas Knybel
5. Janice Gregory
6. Kim DeBenedetto
7. Devin Dugan
8. GleeAnne Jeffries
9. Jerry Montgomery
10. Bill Findiesen
11. Mark Raber
12. John Garay
13. Paul Jensen
14. Susanne Rooney
15. Lynda Chavarels
16. Toby Moore
City Council January 15, 2019
Meeting Minutes Page 6 of 11
17. Wanda Ortiz
18. Mark Hall
19. Fred Schlosser
20. RJ Schwichtenberg
21. David Kozlik
22. Chad Ortlieb
It was moved by Mayor Puckett and seconded by Councilmember Cooper to
receive and file the report.
The Council unanimously directed staff to conduct a workshop regarding citywide
parking and prepare a revised ordinance which would allow one permit, per
residence, without inspection, in the designated Old Town area for Council's
consideration at a future meeting.
Motion carried: 5-0
Recessed at 8:48 p.m.
Reconvened at 8:53 p.m.
10. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED
JUNE 30, 2018
The City engages an independent certified public accounting firm to complete an
annual audit of the City's financial records. There are a number of reports such
as the Comprehensive Annual Financial Report (CAFR), produced as a result of
the annual audit and there are actions that are required by the City's governing
board (City Council) to meet the requirements of various auditing standards, such
as meeting with the auditing firm that conducted the audit to discuss the audit and
internal control issues.
Nitin Patel, CPA, White Nelson Diehl Evans LLP provided a PowerPoint
presentation.
It was moved by Councilmember Clark and seconded by Mayor Pro Tem
Bernstein that the City Council receive and file the CAFR for the year ended June
30, 2018.
Motion carried: 5-0
11. APPROVAL OF SECOND AMENDMENT TO SCHOOL FACILITIES
IMPLEMENTATION, FUNDING AND MITIGATION AGREEMENT WITH
TUSTIN UNIFIED SCHOOL DISTRICT, AND APPROPRIATION OF
$14,958,598 TO FUND CONSTRUCTION BY TUSD OF A PORTION OF THE
LEGACY MAGNET ACADEMY 6-12 SCHOOL PROJECT AT TUSTIN LEGACY
City Council January 15, 2019
Meeting Minutes Page 7 of 11
This item would appropriate funding for the construction by the Tustin Unified _
School District (TUSD) of portions of the Legacy Magnet Academy 6-12 School
Project at Tustin Legacy, and approve the Second Amendment to the School
Facilities Implementation, Funding and Mitigation Agreement with TUSD relating
to the project and its funding.
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember
Clark that the City Council approve and authorize the Mayor to execute the
Second Amendment to School Facilities Implementation, Funding And Mitigation
Agreement Between Tustin Unified School District, Community Facilities District
No. 06-1 Of Tustin Unified School District, The City Of Tustin And Community
Facilities District No 2014-1 Of The City Of Tustin in the form attached hereto as
Attachment A (the "Second Amendment to City School Funding Agreement"); and
Appropriate $14,958,598 from Fund 189 for the Base Phase I City Advance and
City Administration Advance as defined in the Second Amendment to the School
Funding Agreement.
Motion carried: 5-0
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager Jeffrey C. Parker
Provided an update regarding Agenda Item #11 (Development of Legacy Magnet Academy
6-12 School Project at Tustin Legacy) which has been one of the biggest projects the City
Council has been working on for several years; first phase of the project will include a very
large campus development which will provide for most of the infrastructure and the
backbone elements of the school; this phase will provide one administration building and
one school building, consisting of classrooms; anticipation of the school opening being the
Fall of 2021; current City Council as well as past City Council members have committed a
great deal of financial support to TUSD for this project; without the efforts of the City team,
this project may not have happened for another five to ten years; congratulated everyone
working on this project.
Thanked the City Council for their support through the years. Announced after attending
975 City Council meetings, working for 39 different City Council Members/bosses, working
35 years in local government and 27 of those 35 years as a City Manager, 7 years with the
City of Tustin he is retiring.
City Attorney David E. Kendia
Thanked City Manager, Jeffrey C. Parker for his amazing service to the City of Tustin; he is
going to be missed.
COUNCILMEMBER COMMENTS AND REPORTS
City Council January 15, 2019
Meeting Minutes Page 8 of 11
Councilmember Cooper
December 28
Participated in the Rose Parade float preparation; attended on behalf of the Tustin Lion's
Club; 9,500 roses were used on the front end of one vehicle; was an amazing experience.
January 7
Attended the Swearing -In Ceremony for Orange County District Attorney, Todd Spitzer.
January 9
o Attended the Tustin Chamber of Commerce Monthly Membership Breakfast.
o Attended the Swearing -In Ceremony for the new Police Chief, Stu Greenberg.
January 10
Attended the Association of California Cities of Orange County (ACCOC), Newly Elected
Officials Orientation at Angel Stadium of Anaheim.
Councilmember Lumbard
Welcomed Police Chief Stu Greenberg.
January 15
Attended the Orange County Transportation Authority (OCTA) Citizen's Advisory
Committee meeting; discussed the Governor's proposed budget; key points as it relates to
municipal funding: Governor Newsom is proposing to restrict funds for transportation and
infrastructure projects if municipalities are not meeting or reaching their RHNA allocations;
hopefully, at the May Revise, the state legislators and OCTA officials will encourage
Governor Newsom to lift the restrictions on the funding.
Councilmember Clark
Requested staff to invite the Tustin Unified School District (TUSD) to give an update on the
development of Legacy Magnet Academy 6-12 School Project at Tustin Legacy at a future
City Council meeting.
Requested that staff continue including the legislative report updates in future City Council
agendas.
Shared that she has appreciated working with City Manager Jeffrey C. Parker; Mr. Parker
has been one of the most creative City Managers she has worked with.
December 19
Served as a judge for the Currie Middle School Entrepreneurship Program; very impressed
with the presentations from 7th and 8th graders; thanked Deputy Director of Economic
Development, Jerry Craig and Executive Coordinator, Regina Blankenhorn, Tustin Mazda,
City Council January 15, 2019
Meeting Minutes Page 9 of 11
Chick-fil-A at the District and Black Parrot Designs for also supporting the competition;
former Councilmember Rebecca Gomez was a huge proponent of the program, felt honored
to continue the Council support.
January 9
Welcomed the new Police Chief Stu Greenberg. Attended the Swearing -In Ceremony for
the Police Chief Stu Greenberg; great turn out and support across the county; looking
forward to working with Chief Greenberg and continuing on the strong work ethic of the
department.
January 12
Attended the University California, Irvine (UCI) Law School Session on how to address
disparity issues in the community particularly in housing and education; very informative.
Wished everyone a Happy Martin Luther King Jr. Holiday; shared a favorite quote from Dr.
King is, "Everybody can be great ... because anybody can serve. You don't have to have a
college degree to serve. You don't have to make your subject and verb agree to serve. You
only need the heart to serve others." Appraciates everyone who has the heart to serve in
the community.
Mayor Pro Tem Bernstein
January 4
Attended the Water Advisory Committee of Orange County (MWDOC) meeting;
presentation was given on the Water Storage Investment Program; Prop 1 was passed in
2014, 2.7 billion dollars is delineated for storage; looking forward to the money being
dispensed for the public benefit.
January 7
Attended the opening for the Courage to Remember Holocaust Exhibit which was held
inside the Tustin Library from January 7-14; was a highly attended exhibit; was an
interactive exhibit regarding the history of the Holocaust.
Announced the Holocaust Survivor Forum will be held on Wednesday, January 16th at the
Community Center at the Market Place at 6:30 p.m.; three Holocaust survivors will share
their stories and experiences; encouraged all to attend.
January 9
o Attended the Tustin Chamber of Commerce Monthly Membership Breakfast;
congratulated Officers of the Month, Police Service Officers Deborah Ernandez and
Kailey Kaczor on their award.
o Attended the Swearing -In Ceremony for the new Police Chief, Stu Greenberg;
welcomed the Chief Stu Greenberg; great turn out and support across the county.
January 10
Attended the Association of California Cities of Orange County (ACCOC), Leadership
Forum.
City Council January 15, 2019
Meeting Minutes Page 10 of 11
Thanked City Manager Jeffrey C. Parker for being such a large influence to the City of
Tustin; he has left a great imprint on the organization; has been a great mentor; he will
definitely be missed; wished him the best on all his endeavors.
Mayor Puckett
Wished everyone a Happy New Year.
January 7
Attended the opening for the Courage to Remember Holocaust Exhibit; thanked Mayor Pro
Tem Bernstein for coordinating the event.
January 9
o Attended the Tustin Chamber of Commerce Monthly Membership Breakfast; two
Officers of the Month were honored.
o Administered the Oath of Office at the Swearing -In Ceremony for the new Police
Chief, Stu Greenberg; excited to have Chief Greenberg with the City of Tustin.
January 10
Attended the Association of California Cities of Orange County (ACCOC), Cities Leadership
Reception at Angel Stadium of Anaheim.
Wished City Manager Jeffrey C. Parker best of luck on his future endeavors; staff and
residents of Laguna Woods are fortunate to have him; thanked him for everything he has
done; he will be missed.
Invited everyone to attend the Miss Tustin Pageant on February 23, 2019; last year's Mr.
Tustin contestants will be performing at the Miss Tustin Pageant.
Mayor Pro Tem Bernstein
Congratulated Matthew S. West who was appointed to Acting City Manager.
Congratulated City Manager Jeffrey C. Parker for bridging the relationship between the City
of Tustin and the Tustin Unified School District (TUSD); hopes the current City Council can
continue the relationship with TUSD.
ADJOURNED at 9:33 p.m. The next meeting is scheduled on Tuesday, February 5, 2019 for
the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in
the Council, Chamber, 0 Centennial Way, Tustin, California.
�C
CHARLES E. PUCKETT, ERICA N. ASU[Q ,
Mayor City Clerk
City Council January 15, 2019
Meeting Minutes Page 11 of 11