HomeMy WebLinkAboutCC MINUTES 03-05-19CITY OF TUSTIN REGULAR MARCH 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 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 #2450 at 5:31 p.m.
ROLL CALL — City Clerk
Present: Mayor Charles E. Puckett and Councilmembers Letitia Clark, Austin
Lumbard and Barry W. Cooper
Absent: Mayor Pro Tem Dr. Allan Bernstein
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 City Council will
convene to discuss Items 1-6 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 March 5, 2019
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3. LIABILITY CLAIMS - [Government Code § 54956.951 - (1 case)
A. Claim No. 18-33, Claim of Miles M. Oda
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (1 case)
A. Property
430-252-05
Address/Description
Agency
City of Tustin
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
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
6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code §
54957(d)(1)] - (1 case)
A. Title: Acting City Manager
Recessed at 5:32 p.m.
MINUTES OF THE REGULAR MEETING
OF THE TUSTIN CITY COUNCIL
7:00 P.M.
CALL TO ORDER - Meeting #2450 at 7:00 p.m.
INVOCATION - Father Bao
PLEDGE OF ALLEGIANCE - Mayor Puckett
City Council March 5, 2019
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PRESENTATION —
Tustin Chamber of Commerce Representatives Peter Brakke, Eric Perez and James Perez
provided an update regarding Totally Tustin.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council unanimously
denied Claim No. 18-33, Claim of Miles M. Oda. Other than that, there was no reportable
action.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Emily France, Public Affairs Manager SoCalGas
2. Jeff Walker
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 6)
It was moved by Councilmember Clark and seconded by Councilmember Lumbard to
approve the Consent Calendar 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.
2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON FEBRUARY 19, 2019.
Motion: That the City Council approve the Action Minutes of the Regular Meeting of
the City Council held on February 19, 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.
City Council March 5, 2019
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Motion: It is recommended that the City Council approve Payroll in the amount of
$770,566.84; and Demands in the amount of $5,494,057.89.
4. ADOPT RESOLUTION NO. 19-07 DESIGNATING THE CITY'S AUTHORIZED
AGENT FOR THE PURPOSE OF OBTAINING HOMELAND SECURITY GRANT
PROGRAM AND EMERGENCY MANAGEMENT PERFORMANCE GRANT
FUNDING PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND
SECURITY THROUGH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES
The California Office of Emergency Services (CaIOES) requires a City resolution on
file designating the City's representative for the Homeland Security Grant Program
and the Emergency Management Performance Grant. Funds are utilized to make
various improvements to the City's Emergency Preparedness Program.
Motion: That the City Council Adopt Resolution No. 19-07 designating the Chief of
Police as the City's authorized agent for the Homeland Security Grant Program and
the Emergency Management Performance Grant Program.
RESOLUTION NO. 19-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DESIGNATING THE CITY'S AUTHORIZED AGENT FOR THE PURPOSE OF
OBTAINING HOMELAND SECURITY GRANT PROGRAM AND EMERGENCY
MANAGEMENT PROGRAM GRANT FUNDING PROVIDED BY THE FEDERAL
DEPARTMENT OF HOMELAND SECURITY THROUGH THE CALIFORNIA
OFFICE OF EMERGENCY SERVICES
5. 2018 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION
MONITORING STATUS REPORT FOR FEIS/EIR FOR MCAS TUSTIN SPECIFIC
PLAN
The California Government Code requires that the Planning Commission provide an
annual progress report to the City Council on the status of the City's General Plan
and the progress in its implementation, including the progress in meeting our share
of regional housing needs and efforts to remove governmental constraints to housing
development, maintenance, and improvement.
In addition, the City Council certified the Program Final Environmental Impact
Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of
MCAS Tustin along with its Supplemental and Addendums. The FEIS/EIR evaluated
the environmental impacts of the reuse and disposal of MCAS -Tustin, which included
the adoption of a Mitigation Monitoring and Reporting Program (MMRP) pursuant to
CEQA Guidelines Section 15097. The MMRP requires annual review to ensure
compliance with required mitigations.
On February 26, 2019, the Planning Commission reviewed the General Plan Annual
Report and the Tustin Legacy Annual Mitigation Monitoring Status Report and
authorized staff to forward the reports to the City Council. With Council authorization,
staff will forward the General Plan Annual Report to the State Office of Planning and
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Research and the State Department of Housing and Community Development (HCD)
in fulfillment of the State's requirement, and receive and file the Annual Tustin Legacy
Mitigation Monitoring Status Report.
Motion: That the City Council:
1. Authorize staff to forward the General Plan Annual Report to the State Office
of Planning and Research and the State Department of Housing and
Community Development; and
2. Receive and file the Annual Mitigation Monitoring Status Report and authorize
staff to submit a subsequent report when considerable and significant
activities occur.
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1500
Ordinance No. 1500 amends Tustin City Code section 5331(n) and adds new Tustin
City Code section 5331(0).
Motion: Have second reading by title only and adoption of Ordinance No. 1500.
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.
REGULAR BUSINESS ITEM 7
7. FISCAL YEAR 2018-2019 MID -YEAR BUDGET REVIEW
The following is staff's review of the City's first seven (7) months of operations under
the adopted/amended FY 2018-19 Budget. Revenues and expenditures for each
fund were reviewed and adjusted based on the current economic climate, and
projected expenditures reflect costs to date, service needs, and the timing of when
funds would be expended.
Deputy Director of Finance Sean Tran provided a PowerPoint presentation.
It was moved by Councilmember Lumbard and seconded by Councilmember Clark
to approve the following supplemental appropriations:
Approve a supplemental appropriation of $3,300,000 from unappropriated
reserves of the Land Proceeds Fund (Fund 189) to be used towards the pre-
payment of unfunded pension liabilities;
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2. Approve a supplemental appropriation of $500,000 from unappropriated
reserves of the Land Proceeds Fund (Fund 189) to be contributed towards the _
City's Section 115 OPEB (Other Post -Employment Benefits) Trust at Public
Agency Retirement Services (PARS);
3. Approve a supplemental appropriation of $1,363,667 from the unappropriated
reserves of the General Fund (Fund 100) and transfer from Land Proceeds
Fund (Fund 189) to General Fund for expenditures associated with the various
Memorandums of Understanding;
4. Approve a supplemental appropriation of $235,073 from the unappropriated
reserves of various funds ($10,200 from Fund 120, $21,000 from Fund 130,
$6,400 from Fund 136, $3,130 from Fund 171, $31,200 from Fund 185,
$139,543 from Fund 300, $6,600 from Fund 561, and $17,000 from Fund 575)
for expenditures associated with the various Memorandums of Understanding;
5. Approve a supplemental appropriation of $655,733 from the unappropriated
reserves of the General Fund (Fund 100) for various departmental
expenditures associated with ADA Compliance, various professional and
consulting services, and tree removal services;
6. Approve a supplemental appropriation of $2,000 from the unappropriated
reserves of the Special Events Fund (Fund 180) for expenditures associated
with Tiller Days;
7. Approve a supplemental appropriation of $45,735 from the unappropriated
reserves of the Workers Compensation Fund (Fund 181) for expenditures
associated with a higher than anticipated Department of Industrial Relations
assessment;
8. Approve a supplemental appropriation of $106,354 from the unappropriated
reserves of the Water Enterprise Capital Fund (Fund 301) for expenditures
associated with well maintenance;
9. Approve a supplemental appropriation of $17,297 from the unappropriated
bond proceeds of the MCAS 2010 Tax Allocation Bonds Fund (Fund 561) for
expenditures associated with capital projects.
Motion carried: 4-0
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
Acting City Manager Matthew S. West
City Council March 5, 2019
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Thanked Director of Finance John Buchanan, Deputy Directors Sean Tran and Jenny Leisz;
Management Analyst Glenda Babbitt, and the entire Finance Department staff for working
hard on the two year Mid -Year Budget Review; staff is currently working on the next two
year budget to present to City Council in May and June.
Provided a follow-up from the prior City Council meeting regarding the Permit Parking
Workshop; an ongoing issue that has been in place since the 1980's which has evolved
since then; City Council and staff direction is to take a holistic approach; staff has been
actively evaluating a number of ways to revamp the Permit Parking Program; examples
include:
o Updating the city's survey to understand best practices in Orange County;
o Establishing zones throughout the City;
o Eliminating onsite utilization all together;
o Establishing a maximum number of permits per household given capacity on city
streets, including multi -family housing;
o Establishing consistent permit fees including guest passes, which is a desire from
City Council, and the best way to administer and enforced through a third party.
Staff is evaluating all elements in an appropriate time frame; reiterated the outcome of
Ordinance 1500 which established one parking permit per household for those inside the
permit parking areas without onsite utilization and will take effect on April 5th; looking to
schedule a City Council Workshop sometime in July, sooner if possible.
Wished Councilmember Clark a Happy Birthday.
City Attorney David E. Kendig
Wished Councilmember Clark a Happy Birthday.
COUNCILMEMBER COMMENTS AND REPORTS
Councilmember Cooper
Wished Councilmember Clark a Happy Birthday.
February 21
Attended a networking event at the Santa Fe Springs Chamber of Commerce; met the City
Manager; looking to bring ideas to the Tustin Chamber of Commerce.
February 23
o Attended the Tustin Community Foundation's Sip and Stroll event in Old Town
Tustin; phenomenal event.
o Attended the Miss Tustin Pageant at Beckman High School; congratulated the new
Miss Tustin, Keenan Pasztor.
City Council March 5, 2019
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March 1
o Attended the Read Across America Day at Loma Vista Elementary School; had the '
opportunity to read in two different classrooms.
o Volunteered with the preparation of the Tustin Hangar Half Marathon with passing
out t -shirts at The District at Tustin Legacy; great turn -out of participants.
March 2
Volunteered and toured the new Temporary Homeless Shelter; very eye opening tour.
Thanked Peter Brakke, Restaurant Operator of Chick-fil-A, who donated hundreds of meals
for participants of the Temporary Homeless Shelter.
March 3
Volunteered at the Tustin Hangar Half Marathon; an amazing event; oldest participant in
the race was in their mid 90's; one gentleman in the 60's age bracket qualified for the New
York Marathon.
Councilmember Lumbard
Asked staff to provide details on the incident at the North Hangar and what the city's
responsibility for security around that and what the roles are of the United States Navy and
the County of Orange.
Acting City Manager Matthew S. West provided an update on the incident; staff is working
with the property owner to increase security at the location.
Councilmember Lumbard (continued)
Congratulated all the participants of the Tustin Hangar Half Marathon.
March 1
Attended the Read Across America Day at Heritage Elementary School and read to Mrs.
Holcomb's 1St Grade class; was special to read to daughter Aubrey's class.
Reminded everyone to vote for Orange County Third District Supervisor on March 12th; open
position is to fill current Orange County District Attorney, Todd Spitzer's position.
Wished Councilmember Clark a Happy Birthday.
Councilmember Clark
February 23
o Attended the 33rd Annual Black History Parade in Anaheim; was happy to participate;
parade had to be re -scheduled due to the rain, original date was the first Saturday in
February.
City Council March 5, 2019
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o Attended the Tustin Community Foundation's Sip and Stroll event in Old Town
Tustin; event has grown exponentially the past few years; very proud of the event.
o Was the guest speaker at In Action Network for Homeless in Buena Park.
February 27 and 28
Attended the Orange County Fire Authority (OCFA) Orientation for new board members; a
major take -away from the orientation was 911 dispatchers always need an address when
calling for an emergency even when calling from a cell phone; know your surroundings if
something happens.
March 1
Attended the Read Across America Day at Loma Vista Elementary School; always a fun
event to participate in.
March 3
Attended the Tustin Hangar Half Marathon; congratulated the Tustin Chamber of
Commerce; had a great turn out; very organized and successful event.
March 4
Joined Deputy Director of Economic Development Jerry Craig and Management Assistant
Janine Hernandez in meeting with representatives from Raising Cane's; discussed
partnering for Lemonade Day.
Requested a legislative update from staff.
Thanked everyone for the birthday wishes.
Mayor Puckett
February 20
Honored to swear -in newly appointed Community Services Commissioner Emi Embler.
February 22
Attended the Orange County Fire Authority (OCFA) Best and Bravest Annual Awards
Ceremony; congratulated winners and nominees including David Fraser, Jason Sultzer,
Levi Medina, Brent Forsyth, Shelby Perkins, and Kyle Lanphear.
February 23
o Attended the Miss Tustin Pageant at Beckman High School; congratulated Miss
Tustin Keenan Pasztor.
o Attended the Tustin Eagle Scout Court of Honor at Red Hill Lutheran Church; really
enjoyed attending the event.
February 27
o Attended the Meet the Mayor program at Arroyo Elementary School; spoke to ninety-
seven (97) 2nd graders; very well behaved students; asked great questions.
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o Attended the Transportation Corridor Agencies (TCA) meeting.
February 28
Attended the Transportation Corridor Agencies (TCA) meeting.
March 1
o Attended the Read Across America Day at Tustin Ranch Elementary School; enjoyed
the day.
o Attended the Ribbon Cutting for Royal Business Bank in Irvine; very well done
ceremony.
o Attended the Cub Scout Blue and Gold Banquet.
March 2
Toured the new Temporary Homeless Shelter; shelter will be open in the middle of March.
March 3
Attended the Tustin Hangar Half Marathon; was a great day for a race; congratulated all the
winners; well attended event.
Invited everyone to the Mayor's Birthday Party Fundraiser on March 21 st at the Tustin Boys
and Girls Club.
Invited everyone to the Mayor's Meet and Greet on March 2Wh at Greenwood Village.
ADJOURNED IN MEMORY OF
DIRECTOR OF PARKS AND RECREATION DAVID A. WILSON'S FATHER
ADJOURNED at 7:45 p.m. The next meeting is scheduled on Tuesday, April 2, 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,
Mayor
ERICA N. YASQDA,
City Clerk
City Council March 5, 2019
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