HomeMy WebLinkAboutCC MINUTES 02-05-19CITY OF TUSTIN REGULAR FEBRUARY 5, 2019
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
Dr. Allan Bernstein, Mayor Pro Tem Matthew S. West, Acting City Manager
Letitia Clark, Councilmember Charles E. Puckett, Mayor Vacant, 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 #2448 at 5:33 p.m.
ROLL CALL — City Clerk
Present: Mayor Charles E. Puckett, Mayor Pro Tem Dr. Allan Bernstein and
Councilmember Austin Lumbard
Absent: Councilmembers Letitia Clark and Barry W. Cooper
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Matthew S. West, Acting 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 February 5, 2019
Meeting Minutes Page 1 of 10
3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION -
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2)
and (e)(5). (1 case)
4. CONFERENCE WITH LABOR NEGOTIATORS [Government Code § 54957.6] -
(1 case)
A. Unrepresented employee: Acting City Manager, Matthew S. West
Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda,
Director of Human Resources
5. PUBLIC EMPLOYEE APPOINTMENT (Cal. Gov't Code section 54957(b)(1).)
A. Title: City Treasurer
Recessed at 5:34 p.m.
Councilmember Cooper arrived at 5:35 p.m.
Councilmember Clark arrived at 5:40 p.m.
MINUTES OF THE REGULAR MEETING OF THE TUSTIN
CITY COUNCIL AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2448 at 7:01 p.m.
INVOCATION - Pastor Eric Wakeling
PLEDGE OF ALLEGIANCE — Councilmember Cooper
PRESENTATIONS —
Tustin Unified School District representatives Superintendent Dr. Gregory Franklin; Deputy
Superintendent Kathie Nielsen; and Senior Director of Maintenance, Operations and
Facilities David Miranda provided a PowerPoint presentation on the Legacy Magnet --
Academy.
City Council February 5, 2019
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Mayor Puckett and Councilmembers presented a proclamation and plaque to retired City
Manager Jeffrey C. Parker.
Recessed at 7:34 p.m.
Reconvened at 7:44 p.m.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council
unanimously appointed Matthew S. West to be Acting Treasurer for the City.
In addition, the City Council will be reconvening in closed session after the open session
meeting concludes to discuss items 1 and 2 on the closed session agenda.
Other than that, there was no reportable action.
ORAL COMMUNICATION/PUBLIC INPUT — None
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)
Councilmember Lumbard registered a "no" vote on Item No. 4. It was moved by Mayor Pro
Tem Bernstein and seconded by Councilmember Lumbard to approve the balance of 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 JANUARY 15, 2019.
Motion: That the City Council approve the Action Minutes of the Regular Meeting
of the City Council held on January 15, 2019.
City Council February 5, 2019
Meeting Minutes Page 3 of 10
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 $749,012.91; and Demands in the amount of $7,840,386.08.
4. PORTION OF DISPOSITION PACKAGE 8 AND 2C - TUSTIN LEGACY
EXCLUSIVE NEGOTIATING AGREEMENT
Request for authorization to enter into an Exclusive Negotiating Agreement (ENA)
with Brookfield Homes Southern California, LLC (Developer) for the disposition
and development of a portion of Disposition Package 8 and 2C at Tustin Legacy
for the development of for -sale residential units.
The Council authorized the Acting City Manager to execute the Exclusive
Negotiating Agreement between the City of Tustin and Developer.
Motion carried: 4-1 (Councilmember Lumbard dissented)
5. DECLARATION OF SURPLUS PROPERTY
The City has accumulated a quantity of obsolete and/or damaged computer and
other equipment that are no longer usable or required for public use.
Motion: That the City Council:
1. Declare the listed equipment surplus and not required for public use.
2. Authorized staff to sell/have auctioned serviceable equipment of value and
dispose of assets beyond repair.
6. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE CITRUS RANCH PARK PICNIC SHELTER
(CIP No. 20081)
This project includes the construction of a new picnic shelter at Citrus Ranch
Park.
Motion: Staff recommends that the City Council approve Resolution No. 19-04,
approving plans and specifications for the construction of the Citrus Ranch Park
Picnic Shelter (CIP No. 20081) and authorizing the City Clerk to advertise for bids.
RESOLUTION NO. 19-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND
City Council February 5, 2019
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AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CITRUS RANCH
PARK PICNIC SHELTER (CIP No. 20081)
7. CITY OF TUSTIN COMMUNITY DEVELOPMENT 2018 YEAR IN REVIEW
Throughout the year, staff provides the City Council with a status of projects that
the Planning Commission, Zoning Administrator, or Community Development
Director approved; major improvement projects; and other items of interest. The
Community Development Department's 2018 Year in Review summarizes the
Community Development Department's activities throughout 2018 including
discretionary permits processed and approved (i.e. Conditional Use Permits,
Design Reviews, Subdivision Maps, etc.), major accomplishments for various
functional areas within the Department, Code Enforcement activities, and
Building Division activities.
Motion: That the City Council receive and file the report.
8. ADOPT RESOLUTION NO. 19-05 TO ACCEPT IMPROVEMENTS FOR THE
PARK AVENUE IMPROVEMENTS FROM TUSTIN RANCH ROAD TO
WARNER AVENUE CONSTRUCTION PROJECT (CIP NO. 70233) WITHIN
THE DISTRICT, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE
OF COMPLETION
Construction of the Park Avenue Improvements from Tustin Ranch Road to
Warner Avenue Construction Project (CIP No. 70233) within The District, 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. 19-05 accepting the construction of the Park Avenue
Improvements from Tustin Ranch Road to Warner Avenue Construction
Project (CIP No. 70233) within The District; and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the Orange County Recorder's Office.
RESOLUTION NO. 19-05
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 PARK AVENUE IMPROVEMENTS FROM TUSTIN RANCH ROAD TO
WARNER AVENUE CONSTRUCTION PROJECT (CIP NO. 70233) WITHIN THE
DISTRICT
REGULAR BUSINESS ITEMS 9-11
9. BUILDING BOARD OF APPEALS APPOINTMENTS
City Council February 5, 2019
Meeting Minutes Page 5 of 10
In January 2018, the City Council: adopted Ordinance No. 1486 establishing the
Building Board of Appeals (BBA); directed the City Clerk to advertise for citizen
applicants to fill the Board; and, directed the Community Development Director to
review the applications and make recommendations on applicant qualifications
and compliance with the California Codes, The City Clerk received thirteen (13)
applications, but two (2) applicants subsequently withdrew their interest. The
Community Development Director, City's Building Official, and Assistant Director
interviewed the eleven (11) applicants and is now recommending that the City
Council appoint five candidates to the Board. Pursuant to Ordinance No. 1492,
the terms of the appointments are to be staggered so that they do not all expire
in the same year. Three (3) candidates would serve a four (4) year term and two
(2) candidates would serve a two (2) year term.
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember
Clark that the City Council appoint three (3) candidates to serve a four (4) year
term as follows: Scoba Rhodes, Fred Moore, and Kevin Verdi; and, appoint two
(2) candidates to serve a two (2) year term as follows: Wendy Brough and John
Parker.
Motion carried: 5-0
10. Matthew S. West recused himself.
APPROVAL OF AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT WITH
MATTHEW S. WEST, AS ACTING CITY MANAGER
This agenda item calls for the City Council to consider approval of Amendment
No. 3 to the Employment Agreement with Matthew S. West to serve as Acting
City Manager.
City Attorney Report - David E. Kendig: As you will recall, the City Council
unanimously appointed Matthew S. West as the Acting City Manager effective
February 2nd. Before you at this time is a recommendation to approve
Amendment Number 3 to the City's Employment Agreement with Matthew S.
West to address that appointment. A copy of the proposed amendment is before
you on the dais, and copies are also available for the public to review at this time.
Pursuant to this Agreement, the City would appoint Matthew to the position of
Acting City Manager for a period of 120 days, with additional Acting Pay provided
in the amount of $1,460 per bi-weekly pay period effective February 2nd
In addition, the Agreement provides that Matthew is appointed to serve as Acting
City Treasurer with no additional compensation for performing those duties.
Except as provided in this Amendment Number 3, all other provisions of the
amended Employment Agreement with Mr. West remain unchanged.
City Council February 5, 2019
Meeting Minutes Page 6 of 10
That concludes my summary of Amendment Number 3. Copies are before you
on the dais, and I would be happy to address any questions you might have.
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember
Lumbard to approve Amendment No. 3 to the Employment Agreement with
Matthew S. West to serve as Acting City Manager.
Motion carried: 5-0
Acting City Manager Matthew S. West returned to the dais.
11. 2019 COMMISSION APPOINTMENTS
Council direction is needed to fill (2) two vacancies on the Planning Commission
and (1) vacancy on the Community Services Commission.
On December 18, 2018, the City Council reappointed Commissioners on the
Audit Commission, Planning Commission and Community Services Commission
whose terms were expiring on March 1, 2019. Further, the City Council appointed
an ad hoc committee consisting of Councilmember Letitia Clark and
Councilmember Austin Lumbard to interview candidates for the remaining
vacancies and make a recommendation to the full City Council.
On January 23, 2019 the ad hoc committee interviewed a total of (23) twenty-
three candidates. Councilmember Clark and Councilmember Lumbard are
recommending the following candidates for Council's consideration: Emi Embler
to serve on the Community Services Commission and AJ Jha and Ryan Gallagher
to serve on the Planning Commission.
It was moved by Councilmember Clark and seconded by Councilmember Cooper
to appoint Emi Embler to the Community Services Commission and AJ Jha and
Ryan Gallagher to the Planning Commission.
Motion carried: 5-0
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
Acting City Manager Matthew S. West
Thanked the City Council for the opportunity to serve as the Acting City Manager; echoed
Jeffrey C. Parker's comments that the City of Tustin is a great organization; the
environment, staff and City Council allow for many tremendous things; is looking forward to
the challenge.
COUNCILMEMBER COMMENTS AND REPORTS
City Council February 5, 2019
Meeting Minutes Page 7 of 10
Councilmember Cooper
No reportable comments
Councilmember Lumbard
Congratulated the new Planning and Community Services Commissioners who were
appointed by City Council.
Councilmember Clark
January 17
Attended the Orange County (OC) Library Advisory Board meeting; learned the County of
Orange offers high school diplomas online for free; anyone in the county can apply to earn
their high school diploma online through the county library.
January 24
Attended the Orange County Fire Authority (OCFA) Board meeting.
Attended the Women in Government Conference in Washington D.C.; very inspiring to be
with a great group of women.
Mayor Pro Tem Bernstein
Congratulated the new Planning and Community Services Commissioners who were
appointed by City Council; looking forward to working together.
Congratulated Matthew S. West who was appointed to Acting City Manager.
Thanked Retired City Manager Jeffrey C. Parker for his years of dedicated service to the
City of Tustin, being a great mentor and leaving the City of Tustin a better place than before
he arrived.
January 27-29
Attended the Association of California Cities Orange County (ACCOC) Advocacy Trip in
Washington D.C.; thanked the City of Tustin for the opportunity to represent the Tustin
community; ACCOC had a robust schedule during the trip; had a wonderful experience
visiting Congresswoman Katie Porter and Congressman Harley Rouda; Congresswoman
Porter was very complimentary of the City of Tustin's efforts in addressing the
homelessness issue and providing affordable housing.
Wished Retired City Manager Jeffrey C. Parker and Executive Coordinator Regina
Blankenhorn a very Happy Birthday.
Mayor Puckett
January 16
City Council February 5, 2019
Meeting Minutes Page 8 of 10
Attended the Holocaust Survivor Forum at the Tustin Community Center at the Market
Place; thanked Mayor Pro Tem Bernstein for putting the forum together; was a very
emotional and eye opening event.
January 17
Met with Judge David O. Carter to discuss the homelessness issue in Tustin and Orange
County.
January 24
o Chaired the Orange County Council of Governments (OCCOG) meeting;
presentation was given by Waste Not OC Coalition.
o Attended the Transportation Corridor Agency (TCA) meeting.
January 27-29
Attended the Association of California Cities Orange County (ACCOC) Advocacy Trip in
Washington D.C.; visited Congresswoman Katie Porter and Congressman Harley Rouda;
was a great trip.
January 31
o Attended the Association of California Cities Orange County (ACCOC)
Homelessness Forum at Irvine City Hall.
o Spoke with the Asian Business Owners Association.
February 1
Toured the CR&R Anaerobic Digestion Facility in Perris, California; largest in the country.
February 2
Was a judge at the Tustin Community Foundation Paper Football Challenge; forty-eight (48)
teams participated in the event; well attended fundraiser.
Wished Retired City Manager Jeffrey C. Parker and Executive Coordinator Regina
Blankenhorn a very Happy Birthday.
Invited everyone to attend the Miss Tustin Pageant on February 23, 2019 at Beckman High
School.
Mayor Pro Tem Bernstein
Announced the Holocaust Survivor Forum was held on Wednesday, January 16th at the
Community Center at the Market Place; was a collaborative event with the City of Tustin
and the Tustin Unified School District; over 400 hundred people attended; over a thousand
students attended the Courage to Remember Exhibit at the Tustin Library; thanked the three
Holocaust survivors, Hefty Niholm, Bertie Lubinsky and Dr. Jacob Eisenbach for sharing
their stories and experiences during the Holocaust; thanked the Tustin community for
attending and supporting the event.
City Council February 5, 2019
Meeting Minutes Page 9 of 10
Recessed at 8:04 p.m.
Reconvened at 9:07 p.m.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
ADJOURNED at 9:07 p.m. The next meeting is scheduled on Tuesday, February 19, 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, 300 Centennial Way, Tustin, California.
Ite-,�4�t�
CHARLES E. PUCKETT,
Mayor
City Council
Meeting Minutes
ERICA N. YASU A,
City Clerk
February 5, 2019
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