HomeMy WebLinkAboutCC MINUTES 02-19-19CITY OF TUSTIN REGULAR FEBRUARY 19, 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 Acting 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 #2449 at 5:30 p.m.
ROLL CALL — City Clerk
Present: Mayor Charles E. Puckett, Mayor Pro Tem Dr. Allan Bernstein and
Councilmembers Austin Lumbard and Barry W. Cooper
Absent: Councilmember Letitia Clark
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)
3. LIABILITY CLAIMS -[Government Code § 54956.95] — (10 cases)
City Council February 19, 2019
Meeting Minutes Page 1 of 12
A. Claim No. 18-21, Claim of Joe Salter
B. Claim No. 18-23, Claim of Gina Dugan
C. Claim No. 18-27, Claim of Alfredo Belmonte
D. Claim No. 18-29, Claim of Charles Lewis
E. Claim No. 18-30, Claim of Orlando Gonzalez Garcia
F. Claim No. 18-31, Claim of Mehdi Ansari
G. Claim No. 18-32, Claim of Mercury Insurance Company (as subrogee for)
Dean Graves
H. Claim No. 18-35, Claim of Fatah Ammi
I. Claim No. 18-36, Claim of Yao (Jackie) Liu
J. Claim No. 19-01, Claim of Marek Przywara
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (2 cases)
A. Property
Address/Description
430-252-05
City of Tustin
-Agency
City Negotiators
Matthew S. West, Acting City Manager & Jerry Craig,
Deputy Director of Economic Development
Negotiating Parties
OUTFRONT Media, Collin Smith, Vice President —
National Real Estate Group
Under Negotiation
Price and Terms of Payment
B. Property
Address/Description
Future development of 85 +/- Parcel at Former MCAS
Tustin at corner of Valencia Avenue and Armstrong
Avenue in the City of Tustin
City of Tustin
-Agency
Negotiators
Matthew S. West, Acting City Manager
-City
Negotiating Parties
Thomas A. Miller, County of Orange, Chief Real
Estate Officer, U.S. Department of the Navy
Under Negotiation
Price and Terms of Payment
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
Recessed at 5:31 p.m.
Councilmember Letitia Clark arrived at 5:50 p.m.
MINUTES OF REGULAR MEETING
OF THE TUSTIN CITY COUNCIL
7:00 P.M.
City Council February 19, 2019
Meeting Minutes Page 2 of 12
CALL TO ORDER — Meeting #2449 at 7:25 p.m.
INVOCATION - Pastor Seth A. Britton
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Dr. Allan Bernstein
PRESENTATION —
Tustin Boys and Girls Club's Chief Executive Officer Jamie Serrano provided an update.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council
unanimously denied Claim Nos.18-21, 18 -23,18 -27,18 -29,18 -30,18 -31,18 -32,18-35,18-
36,
8-23,18-27,18-29,18-30,18-31,18-32,18-35,18-
36, and 19-01. Other than that, there was no reportable action.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Neil Sherman
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 12)
Mayor Pro Tem Bernstein recused himself due to a potential conflict in real property interest
regarding Item No. 5.
It was moved by Councilmember Clark and seconded by Councilmember Lumbard that the
City Council pull Item No. 5 and approve the balance as recommended by staff.
Motion carried: 4-0
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.
City Council February 19, 2019
Meeting Minutes Page 3 of 12
2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON FEBRUARY 5, 2019.
Motion: That the City Council approve the Action Minutes of the Regular Meeting of
the City Council held on February 5, 2019.
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
$811,636.84; and Demands in the amount of $3,885,961.11.
4. FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT
WITH NEW CINGULAR WIRELESS PCS, LLC (AT&T) FOR EXISTING WIRELESS
FACILITIES AT TUSTIN SPORTS PARK (12850 ROBINSON DRIVE)
First Amendment to Communications Site License Agreement between the City of
Tustin and New Cingular Wireless PCS, LLC (AT&T). The Amendment would allow
New Cingular Wireless PCS, LLC to make additional improvements to an existing
communications site as described in Exhibit 3-A of the attachment.
Motion: It is recommended that the City Council take the following actions:
Approve the attached First Amendment to Communications Site License
Agreement with New Cingular Wireless PCS, LLC; and
2. Authorize the Acting City Manager to execute this First Amendment.
5. ADOPT RESOLUTION NO. 19-06 ORDERING THE PREPARATION OF THE
ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2019-2020
State law requires an engineering analysis each year to identify property benefits and
to levy assessments in the Tustin Landscape and Lighting District. Resolution No.
19-06 orders the preparation of the Engineer's Report for the Tustin Landscape and
Lighting District Levy of Annual Assessments for Fiscal Year 2019-2020.
It was moved by Mayor Pucket and seconded by Councilmember Lumbard that the
City Council adopt Resolution No. 19-06 ordering the preparation of the Engineer's
Report for the Tustin Landscape and Lighting District Levy of Annual Assessments
for Fiscal Year 2019-2020.
Motion carried: 4-0
RESOLUTION NO. 19-06
City Council February 19, 2019
Meeting Minutes Page 4 of 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2019-2020
Mayor Pro Tem Bernstein returned to the dais.
6. 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 make 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: Receive and file.
7. APPROVE GRANT OF EASEMENT TO IRVINE RANCH WATER DISTRICT OVER
A PORTION OF LOT "I" OF TRACT NO. 17144 IN TUSTIN LEGACY
Construction of the ongoing Tustin Legacy Linear Park (CIP No. 20077) includes
installation of Irvine Ranch Water District facilities within the roadway and adjacent
parcel. It is therefore necessary for the City of Tustin to grant an easement to Irvine
Ranch Water District (IRWD) for the sole object and purpose of constructing and
maintaining IRWD facilities on the easement area, as described in the Grant of
Easement.
Motion: It is recommended that the City Council grant an easement to the Irvine
Ranch Water District over a Portion of Lot "I" of Tract No. 17144 as shown on the
attached easement document exhibits for Irvine Ranch Water District facilities and
access purposes, and authorize the Mayor and City Clerk to execute the document
on behalf of the City.
8. ADOPT RESOLUTION NO. 19-08 TO ACCEPT IMPROVEMENTS FOR THE FY
2017-18 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP
NO. 70017)
Construction of the Fiscal Year (FY) 2017-18 Roadway Rehabilitation and Sidewalk
Repair Project (CIP No. 70017) has been completed to the satisfaction of the City
Engineer and is now ready for City Council acceptance.
Motion: It is recommended that the City Council take the following actions:
1. Adopt Resolution No. 19-08 accepting the construction of the FY 2017-18
Roadway Rehabilitation and Sidewalk Repair Project (CIP No, 70017); and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder's Office.
City Council February 19, 2019
Meeting Minutes Page 5 of 12
RESOLUTION NO. 19-08
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 FY 2017-18
ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP NO.
70017)
9. CANCELLATION OF THE MARCH 19, 2019 CITY COUNCIL MEETING
Due to a lack of quorum, staff recommends cancellation of the March 19, 2019 City
Council meeting.
Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly
scheduled Council meeting on March 19, 2019. The City Council hereby waives
notice of said meeting as required by Government Code §54954.
10. AGREEMENT FOR TRANSFER OF OWNERSHIP OF A POLICE SERVICE DOG
Officer Chuck Mitchell will be rotating out of the Canine Program and into the Patrol
Division, effective shift change March 18, 2019. PSD Kingsley is a 4 1/2 year-old
Belgian Malinois and has served as a Tustin Police Canine for two years. It is difficult
for a mature PSD to be re-trained and form a bond with a new handler due to its age.
Based on the unique bond between canine and handler, Officer Mitchell has agreed
to accept ownership of Kingsley. The Agreement for Transfer of Ownership of a
Police Service Canine has been reviewed and approved as to form by the City
Attorney.
Motion: Approve the Agreement for Transfer of Ownership for a Police Services
Dog between the City of Tustin and Officer Chuck Mitchell so that Kingsley can live
out the remainder of his days with the Mitchell family.
11. 2017-2018 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT
The 1980 amendments to the National Historic Preservation Act of 1966 provided for
the establishment of a Certified Local Government Program (CLG) to encourage the
participation of local governments in the identification, evaluation, registration, and
preservation of historic properties and promote the integration of the local historic
preservation into local planning and decision-making processes. As a participant in
the program, the City of Tustin is required to submit an annual report to the State of
California Office of Historic Preservation (OHP). The attached annual report
summarizes the City's historic preservation efforts and describes how the City met
the requirements of the program during the 2017-18 reporting period. The Planning
Commission as Historic and Cultural Resources Advisor reviewed the report as
required by the OHP on February 12, 2019.
Motion: That the City Council receive and file the report.
City Council February 19, 2019
Meeting Minutes Page 6 of 12
12. TUSTIN LEGACY DISPOSITION PARCEL 1C - RETAIL PARCEL CERTIFICATE
OF COMPLIANCE
Approval is requested for the Retail Parcel Certificate of Compliance for Disposition
Parcel 1 C (The Village at Tustin Legacy).
Motion: That the City Council authorize the Acting City Manager to execute the
Retail Parcel Certificate of Compliance, 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.
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 13)
13. PUBLIC HEARING SETTING SOLID WASTE RATES
The City Council approved a new contract with CR&R, Incorporated (CR&R) on
October 2, 2018. Services under the new contract will begin on April 1, 2019. Prior
to solid waste and recycling rates being charged in accordance with the new contract,
the City Council is required by Proposition 218 to notify all affected property owners
and conduct a protest hearing to review and set rates. Written notification has been
provided to all property owners in accordance with Proposition 218.
Public Works Manager Stacey Cuevas provided a brief presentation.
The public hearing opened at 7:42 p.m.
The public hearing closed at 7:42 p.m. with no public comments.
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember Clark
that the City Council conduct a public hearing to receive testimony on the proposed
solid waste and recycling rates scheduled to take effect April 1, 2019 and if no
majority protest exists, approve the rates related to the recently awarded contract
with CR&R, Incorporated.
Motion carried: 5-0
REGULAR BUSINESS ITEM 14
14. PROPOSED ORDINANCE AND RESOLUTIONS AMENDING THE CITY'S
PREFERENTIAL PERMIT PARKING PROGRAM TO PROVIDE EACH ELIGIBLE
RESIDENCE REQUESTING A PERMIT AT LEAST ONE PARKING PERMIT
Acting City Manager Matthew S. West provided a brief overview.
City Council February 19, 2019
Meeting Minutes Page 7 of 12
At its January 15, 2019 meeting the City Council directed City staff to prepare
proposed revisions to the City's permit parking program to allow one permit, per
residence, without inspection, for the Council's consideration, and to coordinate a
workshop regarding City-wide parking issues. The workshop will occur at a future
meeting. This item would ensure that eligible residences would receive at least one
parking permit.
The proposed amendments to the City's Preferential Permit Parking Program would
assure each eligible residence in existing and future permit parking areas (both inside
and outside of Old Town) one (1) parking permit upon request, whether or not that
residence makes full utilization of its off-street parking.
Public Input:
1.
Scott Couchman
2.
GleeAnne Jeffries
3.
Sharon Swoboda
4.
Kim DeBenedetto
5.
Toby Moore
6.
Darlene Savord
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember Cooper
that the City Council:
1. Conduct first reading by title only of Ordinance No. 1500 amending Tustin City
Code section 5331(n) and adding new Tustin City Code section 5331(0);
2. Approve Resolution No. 19-09 amending the Policies and Procedures for
Preferential Permit Parking on Public Streets Within the Old Town Residential
Area; and
3. Approve Resolution No. 19-10 amending the Policies and Procedures for
Preferential Permit Parking on Public Streets Outside the Old Town
Residential Area.
Motion carried: 5-0
ORDINANCE NO. 1500
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5331 (STOPPING,
STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN
STREETS), SUBSECTION "N" (PARKING BY PERMIT ONLY); AND ADDING A
NEW SUBSECTION "O" TO SECTION 5331 OF THE TUSTIN CITY CODE
REGARDING THE CITY'S PERMIT PARKING PROGRAM.
RESOLUTION NO. 19-09
City Council February 19, 2019
Meeting Minutes Page 8 of 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING
AMENDED POLICIES AND PROCEDURES FOR PREFERENTIAL PERMIT
PARKING ON PUBLIC STREETS WITHIN THE OLD TOWN RESIDENTIAL AREA
RESOLUTION 19-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING
THE AMENDED POLICIES AND PROCEDURES FOR PREFERENTIAL PERMIT
PARKING ON PUBLIC STREETS OUTSIDE THE OLD TOWN RESIDENTIAL
AREA.
COUNCILMEMBER COMMENTS AND REPORTS
Councilmember Cooper
February 6
Visited The Link Homeless Shelter in Santa Ana; taught basic interview and resume skills
to sixteen homeless men and women; third trip visiting the shelter; many of the individuals
are looking for ways to better themselves; was an honor to talk to a diverse group of people.
February 7
Attended former Tustin City Manager Jeffrey C. Parker's retirement party at Wilcox Manor;
was a lot of fun.
February 8
Attended a meeting with John Porrello, CEO of PriorityWorkforce; PriorityWorkforce is a
Tustin based staffing company; they would like to assist homeless veterans transition back
into the workforce.
February 10
Attended the Miss Tustin Scholarship Program mock interviews; second year participating
with the program; diverse group of young ladies; great program to be involved with.
February 11
Attended the Tustin Unified School District Board meeting.
February 13
o Attended the Tustin Chamber of Commerce Monthly Breakfast; great event;
congratulated the Officers of the Month.
o Attended the Orange County Mosquito and Vector District's New Trustee
Orientation.
February 14
o Attended the Orange County Mosquito and Vector District Board meeting; very
interesting board to be a member of.
City Council February 19, 2019
Meeting Minutes Page 9 of 12
o Volunteered at the Tustin Senior Center Valentine's Day Luncheon; had a great time;
was a blessing to be there.
Councilmember Lumbard
No reportable comments.
Councilmember Clark
February 10
Attended the Miss Tustin Scholarship Program mock interviews; very impressive group of
young ladies; all the contestants are college students competing for college scholarships;
encouraged everyone to attend the Miss Tustin Scholarship Pageant, Saturday, February
23, 2019.
Encouraged everyone to attend the Tustin Community Foundation's Sip and Stroll event in
Old Town Tustin; had the opportunity to kick-off the event four years ago.
February 13
Attended the United Way Homeless Workshop; United Way is holding a series of
educational workshops which are free and open to the public; information can be found on
the United Way website; encouraged all to attend.
Mayor Pro Tem Bernstein
February 6
Attended the Orange County Sanitation District Operations Committee meeting; several key
topics were discussed such as the Capital Improvement Project (CIP) and California
Environmental Quality Act (CEQA) Facilities Master Plan; pleasure to be a part of the
Orange County Sanitation District.
February 11
Attended the Association of California Cities Orange County (ACCOC) Legislative and
Regulatory Committee meeting; two key issues were discussed: the California Water Fix
and the new California Water tax.
February 13
Attended the Orange County Local Agency Formation Commission
reviewed the major projects which will be brought to the commission;
Irvine Ranch Water District (IRWD), the Orange County Sanitation
Orange County Sanitation District Anaheim annexation, and the
regarding San Juan Capistrano water and waste water facilities.
Wished everyone a belated Happy Valentine's Day.
Mayor Puckett
February 6
(LAFCO) meeting;
projects include the
District annexation,
sphere of influence
City Council February 19, 2019
Meeting Minutes Page 10 of 12
o Spoke to the Tustin Local Relators group regarding what is going on in Tustin; very
good questions were asked.
o Attended the Buena Park State of the City Breakfast.
February 7
o Attended the Southern California Association of Governments (SCAG) meeting.
o Attended former Tustin City Manager Jeffrey C. Parker's retirement party at Wilcox
Manor; wished Jeff well in his new position.
February 8
o Attended the Orange County Senior Citizens Advisory Council meeting at the Tustin
Senior Center.
o Attended the Tustin Police Department Awards Banquet; congratulated Tustin Police
Chief Stu Greenburg on a great event.
February 11
o Presented Lily Schwieger with a proclamation and flowers acknowledging her 100th
Birthday celebration.
o Attended the Tustin Unified School District Board meeting; honored former Tustin
City Manager Jeffrey C. Parker.
February 12
Had the privilege of swearing-in two new Planning Commissioners, AJ Jha and Ryan
Gallagher.
February 13
Attended the Tustin Chamber of Commerce Monthly Breakfast; congratulated the Officer of
the Month.
February 14
o Attended the Transportation Corridor Agencies (TCA) Board meeting.
o Attended the Transportation Corridor Agencies (TCA) Litigation Ad Hoc Committee
meeting.
o Attended the Transportation Corridor Agencies (TCA) 241 and 91 Ad Hoc Committee
meeting.
February 15
Attended the Orange County Board of Supervisors Candidate Forum.
February 16
Attended the Juice -It Up Grand Opening.
City Council February 19, 2019
Meeting Minutes Page 11 of 12
Invited everyone to attend the Tustin Community Foundation's Sip and Stroll event in Old
Town Tustin on Saturday, February 23, 2019.
Invited everyone to attend the Miss Tustin Pageant on February 23, 2019 at Beckman High
School; great event to attend.
ADJOURNED at 8:17 p.m. The next meeting is scheduled on Tuesday, March 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, 300 Centennial Way, Tustin, California.
CHARLES E. PUCKETT, ERICA N. YASU A,
Mayor City Clerk
City Council February 19, 2019
Meeting Minutes Page 12 of 12