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Home My WebLink AboutCC MINUTES 04-16-19CITY OF TUSTIN REGULAR APRIL 16, 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, Council Member Charles E. Puckett, Mayor Acting City Treasurer Barry W. Cooper, Council Member Erica N. Yasuda, City Clerk Austin Lumbard, Council Member David E. Kendig, City Attorney MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2452 at 5:30 p.m. ROLL CALL — City Clerk Present: Mayor Charles E. Puckett, Mayor Pro Tem Dr. Allan Bernstein and Council Members Austin Lumbard and Barry W. Cooper Absent: Council Member 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 1-6 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): (3 cases) 2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION -Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to City Council April 16, 2019 Meeting Minutes Page 1 of 10 Government Code § 54956.8: (2 cases) A. 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 Agency City of Tustin City Negotiators Matthew S. West, Acting City Manager 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 B. Property Address/Description APN: 430-251-28, and a portion of Parcel 1 in Book 7542, Page 974, Official Records Agency City of Tustin City Negotiators Matthew S. West, Acting City Manager, John Buchanan, Director of Economic Development, and Jerry Craig, Deputy Director of Economic Development Negotiating Parties SchoolsFirst Federal Credit Union, Bill Cheney, President/CEO Under Negotiation Price and Terms of Payment 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (2 cases) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE B. Paola Fuentes -Ortega, Representative of the Estate of Edwin Fuentes v. City of Tustin; City of Santa Ana; Michael Carter; Case No. 30-2019-01055803- CU-PP-CJC 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code § 54957(d)(1): (1 case) A. Title: Acting City Manager 6. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code § 54957(b)(1): A. Title: City Manager Recessed at 5:31 p.m. Councilmember Clark arrived at 5:34 p.m. City Council April 16, 2019 Meeting Minutes Page 2 of 10 MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2452 at 7:08 p.m. INVOCATION — Mayor Charles E. Puckett PLEDGE OF ALLEGIANCE — Council Member Lumbard PRESENTATIONS — Columbus Tustin Middle School students provided a presentation regarding the upcoming Climate Change Summit. Mayor Puckett presented a Proclamation to Donate Life Ambassador Steve Lang recognizing April as Donate Life Month. U.S. Census Bureau Partnership Specialist Bao Nguyen provided a PowerPoint presentation on the 2020 Census. CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council unanimously appointed Matthew S. West as the City Manager. Other than that, there was no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — 1. Soledad Rivera 2. Jeff Walker 3. Miriam Boulger 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 Council Member Clark and seconded by Council Member Lumbard to pull Item No. 6 and approve the balance as recommended by staff. City Council April 16, 2019 Meeting Minutes Page 3 of 10 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 APRIL 2, 2019. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on April 2, 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 $819,180.53; and Demands in the amount of $4,370,134.70. 4. ADOPT RESOLUTION NO. 19-15 COMMITTING TO PARTNER WITH THE U.S. CENSUS BUREAU FOR THE 2020 CENSUS Representatives from the U.S. Census Bureau have requested that the City adopt a resolution committing to partner with the U.S. Census Bureau to help ensure a full and accurate count. Motion: It is recommended that the City Council adopt Resolution No. 19-15 committing to partner with the U.S. Census Bureau for the 2020 Census. RESOLUTION NO. 19-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING COMMITMENT TO PARTNER WITH THE U.S. CENSUS BUREAU FOR A 2020 CENSUS 5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70018 The plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project (CIP No. 70018) have been prepared and the project is now ready for bid. Motion: It is recommended that the City Council: City Council April 16, 2019 Meeting Minutes Page 4 of 10 1. Adopt Resolution No. 19-17 approving the plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project (CIP No. 70018), and authorize the City Clerk to advertise to receive bids. 2. Approve an additional appropriation of $150,000 from the General Fund - Capital Improvement Program (Fund 200) for this project. RESOLUTION NO. 19-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70018 AND AUTHORIZING ADVERTISEMENT FOR BIDS 6. ADOPT RESOLUTION NO. 19-16 APPROVING PROJECT LIST TO BE SUBMITTED TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR SBI FUNDING FOR FISCAL YEAR 2019120 In order to be eligible to receive new funding under Senate Bill 1 (SB1), the City is required to submit a Project List to the California Transportation Commission (CTC) no later than May 1, 2019. It was moved by Mayor Pro Tem Bernstein and seconded by Council Member Clark to: 1. Adopt Resolution No. 19-16 identifying projects to be submitted to the California Transportation Commission for SB 1 funding; and 2. Direct staff to submit the Project List to the California Transportation Commission on behalf of the City. Motion carried: 5-0 RESOLUTION NO 19-16 RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2019-20 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 7. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF JOHN STRAIN Adoption of the attached Resolution will certify that John Strain is industrially disabled from his position of Police Lieutenant and enable CalPERS to process his industrial disability retirement. Motion: Adopt Resolution No. 19-13 finding that Police Lieutenant John Strain is industrially disabled from performing the duties of his position. RESOLUTION NO. 19-13 City Council April 16, 2019 Meeting Minutes Page 5 of 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT JOHN STRAIN, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE LIEUTENANT 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 8) 8. FISCAL YEAR 2019-20 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ALLOCATION, FISCAL YEAR 2019-20 ACTION PLAN Director of Community Development Elizabeth A. Binsack provided a PowerPoint presentation. The Community Development Department is proposing to submit to the U.S. Department of Housing and Urban Development (HUD), the Program Year (PY) 2019-20 Action Plan (Attachment A), which describes the activities that the City will undertake during the program year. The Action Plan includes the program budget for disbursement of Community Development Block Grant (CDBG) funds. The City of Tustin has not yet received formal notification from HUD regarding the 2019-20 funding allocation; however, based on prior years' funding, the City anticipates receiving approximately $820,000 in CDBG funding. On February 28, 2019, the Citizen Participation Committee conducted a public hearing, received public input and testimony, and considered all public service applications submitted. The Citizen Participation Committee has provided a recommendation to the City Council regarding public service funding allocations for Program Years 2019-20. In 2007, the City Council amended its Citizen Participation Plan, to allow for a three (3) year funding cycle for public service activities. In 2017, the City Council amended the plan back to an annual funding cycle. Staff is now proposing to revert the public service funding to a three (3) year funding cycle. Public hearing opened at 8:11 p.m. 1. Holly Hagler and Sergio Espinoza, SeniorSery 2. Development Director Irene Drissen, Mercy House Public hearing closed at 8:17 p.m. It was moved by Mayor Pro Tem Bernstein and seconded by Council Member Clark that the City Council: Adopt Resolution No. 19-14 approving the PY 2019-20 Action Plan and funding allocations; authorize submission of the PY 2019-20 Action Plan to the U.S. Department of Housing and Urban Development; authorize the Community Development Department to enter into contracts with CDBG subrecipients for public services, non-public services, and fair housing City Council April 16, 2019 Meeting Minutes Page 6 of 10 services; authorize the Community Development Director to reallocate funding proportionately, if the final funding amount is other than $820,000; and, 2. Direct staff to initiate an amendment to the Citizen Participation Plan, changing the funding cycle from one (1) year to three (3) years for public service activities. Motion carried: 5-0 RESOLUTION NO. 19-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PROGRAM YEAR 2019-20 ACTION PLAN AND FUNDING ALLOCATION FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COUNCILMEMBER COMMENTS AND REPORTS Councilmember Cooper Encouraged everyone to attend the Tustin Community Foundation's, 2019 Superheroes of Tustin Volunteer Recognition Luncheon on Wednesday, April 171H April 4 -- o Attended the Tustin Public Schools Foundation's (TPSF), Golf Classic Tournament at Tustin Ranch Golf Course. o Attended the awards ceremony for the Tustin Hangar Half Marathon. April 6 Attended the Tustin Disaster Preparedness Expo at the South Hangar; was a great turnout of first responders and participants. April 10 Attended the Chamber of Commerce Monthly Membership Breakfast; congratulated the Officers of the Month; keynote speaker was Police Chief Stu Greenburg. Councilmember Lumbard April 16 Attended the last Orange County Transportation Authority (OCTA) Citizen Advisory Committee meeting; was appointed by former Tustin Mayor Elwyn A. Murray; committee was encouraged to reiterate to their respective agency to look at OCTA's long term transportation plan; another legislative bill is being circulated in Sacramento, allowing unlimited density near transit centers and potentially near bus routes; would be nice to know what neighborhoods could be affected by the new bill; currently the new bill is not getting a lot of support, however, it continues to be brought up; request staff to take a look at the bill. City Council April 16, 2019 Meeting Minutes Page 7 of 10 Met with Deputy Police Chief Jeffrey Blair regarding the graffiti issues that occurred a couple of weeks ago; informed the public there has been a change with the City of Tustin's graffiti removal company; due to the transition in companies, there was a delay in graffiti removal; was reassured by Deputy Chief Blair that the Tustin Police Department is doing everything they can to get the appropriate waivers to remove the graffiti and enforcing all the laws; there is a community perception that graffiti and gang activity are increasing; wanted to reassure the community that the Police Department is doing everything they can do to remove the graffiti as quickly as possible. Councilmember Clark Announced and encouraged everyone to attend Lemonade Day on April 27, 2019; there will be several locations around the City; asked the community to visit the Lemonade Day website: www.lemonadeday.org/Tustin; thanked Deputy Director of Economic Development Jerry Craig and his team for their help and assistance with organizing the event; looking forward to a fun day promoting entrepreneurship in the community; the event offers a great opportunity to partner the local businesses with the school district while also giving children the idea of making their own money. Requested City staff follow-up with the Broadmoor Park Association parking issues; parking zones may need to be addressed. Congratulated Matthew S. West on his appointment to City Manager; thanked him for all his hard work; appreciates the ongoing communication. Thanked City staff for their hard work on the new website; looks great and is user friendly; encouraged the community to visit the website. Mayor Pro Tem Bernstein April 3 Attended the Orange County Sanitation District Operations meeting; voted to approve engine overhauls to limit air pollution. April 4 Chaired the Association of California Cities of Orange County (ACCOC), Energy Environment and Water Committee meeting as well as the Metropolitan Water District of Orange County (MWDOC) meeting; both meetings discussed a water tax which is circulating in Sacramento; encouraged everyone to review AB 217; suggested everyone also review SB 669 and SB 414 which was introduced by Senator Caballero; these bills will establish a safe drinking fund. April 5 o Attended the Water Advisory Committee of Orange County Committee meeting; discussed the California water fix. o Attended the Orange County Sanitation District Legislative and Public Affairs meeting. City Council April 16, 2019 Meeting Minutes Page 8 of 10 April 9 Participated in serving ice cream at Ben and Jerry's Ice Cream at The District at Tustin Legacy in support of raising money for the Big Brothers and Sisters program; was a very successful event. April 10 Attended the Local Agency Formation Commission (LAFCO) meeting; adopted a Strategic Plan; for more information visit LAFCO's website. April 11 o Attended the Tustin Veterans Outpost Luncheon; thanked former Tustin Mayor Elwyn A. Murray for being involved and championing the program; thanked the Tustin Exchange Club for raising over $200,000.00 in donations to the Veteran's Outpost over the past three (3) years. o Participated in a Chapman University Business School panel. April 13 Attended the Tustin Exchange Club Flamingo Bingo Fundraising event; $4,000.00 was raised and donated to the Tustin Police Foundation, to help and assist with their activities with the homeless throughout the Tustin community. Announced there will be a parking workshop to discuss the parking issues throughout the community, suggested revisiting the current RV Parking Ordinance. Reassured the public graffiti will not be a continuous issue in the community. Congratulated Matthew S. West on his appointment to City Manager; thanked him for all his hard work. Mayor Puckett April 6 Attended the Tustin Disaster Preparedness Expo at the South Hangar; was a great experience. April 9 Attended the Swearing -In Ceremony for Christina L. Shea, the new Mayor of the City of Irvine. April 10 o Attended the Chamber of Commerce Monthly Membership Breakfast; keynote speaker was Police Chief Stu Greenburg. o Attended the Transportation Corridor Agencies (TCA) Executive meeting. April 11 City Council April 16, 2019 Meeting Minutes Page 9 of 10 Attended the Transportation Corridor Agencies (TCA) Board meeting. April 12 Was the Opening Speaker and Chairperson for the Orange County Council of Governments (OCCOG) General Assembly. April 13 o Attended the Tustin Police Department's, Cars, Cops, and Coffee event; was a great event. o Attended the Tustin Eagle Court of Honor at Red Hill Lutheran Church; four (4) young men received the award. o Attended the Tustin Exchange Club Flamingo Bingo Fundraising event; did a phenomenal job raising funds for the veterans. Congratulated Matthew S. West on his appointment to City Manager. ADJOURNED at 8:36 p.m. The next meeting is scheduled on Tuesday, May 7, 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. f-uADI ES E. PUCKETT, VI 11-,1.LL Mayor ERICA N. YASUDA, City Clerk City Council April 16, 2019 Meeting Minutes Page 10 of 10