HomeMy WebLinkAboutCC MINUTES 05-07-19CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
Dr. Allan Bernstein, Mayor Pro Tem
Letitia Clark, Council Member
Barry W. Cooper, Council Member
Austin Lumbard, Council Member
MAY 7, 2019
COUNCIL CHAMBER
r 300 CENTENNIAL WAY, TUSTIN
Matthew S. West, City Manager/
Charles E. Puckett, Mayor Acting City Treasurer
Erica N. Yasuda, City Clerk
David E. Kendig, City Attorney
MINUTES OF THE CLOSED SESSION
MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — Meeting #2453 at 5:32 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 1-7 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. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to
City Council May 7, 2019
Meeting Minutes Page 1 of 12
Government Code § 54956.9(a): (3 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
C. Mary Wong vs. City of Tustin, Case No: 30-2017-00951612
4. LIABILITY CLAIMS — pursuant to Government Code § 54956.95: (1 case)
A. Claim No. 19-13, Claim of Adel Nassar
5. PUBLIC EMPLOYEE APPOINTMENT — pursuant to Government Code §
54957(b)(1).
A. Title: City Treasurer
6. CONFERENCE WITH LABOR NEGOTIATOR — pursuant to Government Code §
54957.6: (1 case)
A. Unrepresented employee: City Manager, Matthew S. West
Agency Representatives: David E. Kendig, City Attorney and Derick
Yasuda, Director of Human Resources
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (1 case)
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, 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
Recessed to Closed Session at 5:33 p.m.
Council Member Clark arrived at 5:38 p.m.
City Council May 7, 2019
Meeting Minutes Page 2 of 12
MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2453 at 7:11 p.m.
INVOCATION — Pastor Dane Counts
PLEDGE OF ALLEGIANCE — Council Member Clark
PRESENTATIONS —
Mayor Puckett and Tustin Area Council for Fine Arts (TACFA) Chair Betty Carle presented
Certificates of Recognition to the following first place winners of TACFA's 29th Annual
Student Art Invitational: Chelsea Lee, Joshua Gonzales, Daniella Kagasoff, Stella Fergin,
Stephanie Torroes, Wendy Garcia, Ryan McGritty, and Cristina Taylor.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council
_ unanimously reappointed Matthew S. West as Acting City Treasurer. In addition, the City
Council unanimously approved a proposed settlement of Claim No. 19-13; Claim of Adel
Nassar in the amount of $350 subject to Mr. Nassar's acceptance. Other than that, there
was no reportable action.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Joseph Ngo
2. Andrea Manriquez
3. Chris McGregor
4. Dave Hanna
5. Robin Donovan
6. James Collins
7. Monica Velazquez
8. Ajay Verma
9. Marlene Graham
10. Elizabeth Cooper -Butler
11. Erika Stehling
12. Elida Dortch
REGULAR BUSINESS ITEM 8
City Council May 7, 2019
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8. JOINT EXERCISE OF POWERS AGREEMENT WITH THE ORANGE COUNTY
HOUSING FINANCE TRUST
Association of California Cities of Orange County Interim Executive Director Dave
Kiff provided a PowerPoint presentation.
Adopt City Council Resolution 19-21, authorizing the City of Tustin to enter into a
Joint Exercise of Powers Agreement ("JPA") with the Orange County Housing
Finance Trust ("Trust").
It was moved by Mayor Pro Tem Bernstein and seconded by Council Member Clark
that the City Council take the following actions:
1. Find that this action is not subject to the California Environmental Quality Act
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because this action will not result in a physical change to the environment,
directly or indirectly; and
2. Adopt City Council Resolution No. 19-21 relating to participating in the Orange
County Housing Finance Trust via the City's execution of the Joint Exercise of
Powers Agreement which implements the Trust's shared powers and activities.
Motion carried: 5-0
RESOLUTION NO. 19-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING
TO THE JOINT EXERCISE OF POWERS FOR AND MEMBERSHIP IN THE
ORANGE COUNTY HOUSING FINANCE TRUST
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 Lumbard and seconded by Council Member Clark to pull
Item No. 7 and approve the balance 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 APRIL 16, 2019.
City Council May 7, 2019
Meeting Minutes Page 4 of 12
Motion: That the City Council approve the Action Minutes of the Regular Meeting of
the City Council held on April 16, 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 amounts of
$772,898.94 and $838,481.02; and Demands in the amount of $5,508,957.54.
4. AMENDMENT NO. 2 TO LICENSE AGREEMENT FOR LEMON GROVE
MAINTENANCE AT CITRUS RANCH PARK
Amendment No. 2 would extend the term of the License Agreement for lemon grove
maintenance at Citrus Ranch Park with Garcia Farming, Inc. for two years (July 1,
2018, to June 30, 2020). In addition, the Amendment provides for the automatic
renewal and extension of the License Agreement for one additional two-year term
(July 1, 2020, to June 30, 2022). Either party may prevent the automatic renewal and
extension of the agreement by providing no less than 30 -days written notice to the
other party.
Motion: It is recommended that the City Council approve the attached Amendment
No. 2 to the license agreement between the City and Garcia Farming, Inc. for lemon
grove maintenance at Citrus Ranch Park and authorize the Mayor to execute the
Amendment on behalf of the City.
5. EXTEND THE PROFESSIONAL SERVICES AGREEMENT FOR AUDIT
SERVICES WITH WHITE NELSON DIEHL EVANS LLP
The City's current independent auditor's agreement with White Nelson Diehl Evans
LLP (WNDE) California was for three years ending fiscal year 6/30/2018. The
agreement allowed for the extension of service for two subsequent fiscal years.
Based on the satisfactory service WNDE has provided, the Audit Commission
discussed and approved the extension of WNDE's agreement for fiscal years
2018/2019 and 2019/2020.
Motion: Based on the advisement of the Audit Commission, it is recommended that
the City Council approve the extension of the professional services agreement for
audit services with WNDE for fiscal years 2018/2019 and 2019/2020.
6. THIRD AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT WITH
SCHOOLSFIRST FEDERAL CREDIT UNION
Third Amendment to the Exclusive Negotiation Agreement (ENA) with SchoolsFirst
Federal Credit Union (SchoolsFirst) extending the negotiating period to September
City Council May 7, 2019
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24, 2019.
Motion: That the City Council authorize the City Manager to execute the Third
Amendment to the ENA, 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.
7. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING
FISCAL YEAR 2019-2020 ASSESSMENTS
Mayor Pro Tem Bernstein recused himself due to a potential conflict in real property
interest.
At the February 19, 2019 meeting, the City Council ordered the preparation of an
Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and
Lighting District. The Engineer's Report has now been completed and is ready for
City Council approval. Additionally, it is requested that the City Council declare its
intention to levy annual assessments and set a public hearing for June 4, 2019.
It was moved by Council Member Lumbard and seconded by Council Member Clark
that the City Council:
Adopt Resolution No. 19-19 approving the Engineer's Report for the Tustin
Landscape and Lighting District for Fiscal Year 2019-2020; and
2. Adopt Resolution No. 19-20 declaring its intention to levy annual assessments
for Fiscal Year 2019-2020 and setting a public hearing for June 4, 2019.
Motion carried: 4-0
RESOLUTION NO. 19-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR
2019-2020
RESOLUTION NO. 19-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF
ASSESSMENT FOR FISCAL YEAR 2019-2020 FOR THE IMPROVEMENT,
MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING
FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT
ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF
1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF
City Council May 7, 2019
Meeting Minutes Page 6 of 12
Mayor Pro Tem Bernstein returned to the dais.
REGULAR BUSINESS ITEMS 9-10
9. REQUEST TO EXCUSE COMMISSIONER ABSENCES
In accordance with Council Ordinance No. 1481, consider whether to approve a
request from Planning Commissioner AJ Jha to be excused from Planning
Commission meetings.
It was moved by Mayor Puckett and seconded by Mayor Pro Tem Bernstein to
execuse two of the three absences requested by Commissioner Jha and bring back
the policy at a future meeting for discussion.
Motion failed: 2-3 (Council Members Clark, Lumbard and Cooper dissented)
It was moved by Council Member Cooper and seconded by Mayor Puckett that the
City Council approve a request by Planning Commissioner Jha to be excused from
three (3) Planning Commission meetings and discuss the policy at a later date.
Motion carried: 3-2 (Council Members Clark and Lumbard dissented)
10. LEGISLATIVE UPDATE
Management Analyst Ken Piguee provided an update regarding state legislative
activity.
It was moved by Council Member Clark to approve staff's recommended positions
with the exception of #3 (SB 330) and #4 (SB 50) with the modification to oppose
unless amended on both SB 330 and SB 50.
Public Input:
1. Kimberly Adams
2. Ken Stahl
Council Member Clark requested staff to provide a list of cities that are opposed and
opposed unless amended regarding SB 50.
It was moved by Council Member Clark to support AB 234, and SB 669 and oppose
unless amended regarding both SB 330 and SB 50.
Motion carried: 5-0
11. CITY MANAGER EMPLOYMENT AGREEMENT
City Council May 7, 2019
Meeting Minutes Page 7 of 12
Following the conclusion of labor negotiations, the City Council will consider approval
of an Employment Agreement with Matthew S. West to serve as City Manager.
City Attorney David E. Kendig: The City Clerk has distributed the proposed
employment agreement that is before you now, and copies have been made
available to the public as well.
If anyone doesn't have a copy and would like one, the City Clerk will make one
available to you now.
The California Brown Act requires that the terms of the proposed agreement be
summarized verbally, so I will be summarizing it now.
The proposed agreement would pay the City Manager $242,112 per year, a
contribution of $9,500 annually paid bi-weekly to a City -sponsored deferred
compensation plan, and include an annual credit of 80 hours of paid administrative
leave each January, subject to the accrual cap in in place for Executive Management
employees.
The City Manager would also have a General Leave cash out of up to 80 hours plus
the number of hours provided in the Executive Management Resolution.
The agreement includes a reimbursement of up to $2,000 annually for technology
and a monthly technology allowance of $175 per month in lieu of a City -provides
mobile phone.
The City Manager would otherwise receive the standard Executive Management
Benefits that are set forth in the Executive Management Salary Resolution, including
flexible medical, dental and vision insurance, CalPERS retirement plan, life
insurance, short-term / long-term disability insurance; retiree medical insurance;
vehicle allowance; and smartphone stipend.
Finally the agreement would contain a severance provision including 9 months of
salary and provide 9 months of Flexible Benefits contributions severance in the event
the City terminates the employment without cause.
It was moved by Mayor Pro Tem Bernstein and seconded by Council Member
Lumbard that the City Council:
1. Receive a verbal summary of the proposed Employment Agreement with
Matthew S. West; and
2. Approve the Employment Agreement.
Motion carried: 5-0
City Council May 7, 2019
Meeting Minutes Page 8 of 12
COUNCILMEMBER COMMENTS AND REPORTS
Councilmember Cooper
April 17
Attended the Tustin Community Foundation 2019 Superheroes of Tustin Volunteer
Recognition Luncheon.
April 20
Attended the Annual Spring Egg Hunt; was a great event.
April 27
o Attended the Annual Community Yard Sale at the Tustin Senior Center.
o Attended Lemonade Day; congratulated Councilmember Clark for the great event
idea.
o Attended the Orange County Children's Business Fair at the Orange County
Rescue Mission; was an amazing event.
April 28
Attended the Girl Scouts Day of Service at Foothill High School.
May 4
Attended the Dollars for Scholars Kentucky Derby Fundraiser; a lot of money was raised
for the Tustin community.
Councilmember Lumbard
Requested a report at the next City Council meeting on May 21, 2019, on supporting a
position on Assembly Bill (AB) 392, which is a provision on the use of force in law
enforcement; the bill will make it tougher on police officers to be able to do their job;
Orange County Sheriff Don Barnes wrote an op-ed in the Orange County Register
opposing AB 392.
Requested staff to power wash the sidewalks in Old Town due to the ficus tree droppings.
Councilmember Clark
Thanked everyone for attending Lemonade Day on April 27, 2019; there were several
locations around the City; thanked Communications Officer Stephanie Najera for
publicizing the event; thanked Deputy Director of Economic Development Jerry Craig and
his team for coordinating and organizing the event; thanked all the local business and the
Tustin Unified School District (TUSD) for their participation; thanked TUSD Assistant
Superintendent, Grant Litfin, Ed.D. for arranging the curriculum for the fourth grade
classes; special recognition to Benson Elementary School, Thorman Elementary School,
Guin Foss Elementary School, Ladera Elementary School, Arryo Elementary School, and
Peter's Canyon Elementary School for having their own lemonade stand at the event;
City Council May 7, 2019
Meeting Minutes Page 9 of 12
thanked colleagues for supporting the event; announced an independent family, not
affiliated with TUSD, participated by having their own stand in front of Zama Tea; thanked
Raising Canes Restaurant for participating this year; believes the event will continue to
grow each year; thanked her intern for the day Danielle Jones who took pictures
throughout the event.
Mayor Pro Tem Bernstein
April 17
Attended the Association of California Cities of Orange County (ACCOC) Installation
Banquet; congratulated the new board members; thanked the ACCOC for their
leadership.
April 20
Attended the Annual Spring Egg Hunt; was an amazing event; congratulated Parks and
Recreation Director David A. Wilson and his staff on a successful event; thanked the
sponsors who participated and supported the event.
April 24 and 25
Attended the League of California Cities Legislative Day in Sacramento; congratulated
Economic Development Management Analyst II Kenneth Piguee for his legislative
update; stated housing is a major element of Legislation; discussed Senate Bill 50 at the
conference; stated the City of Tustin has been a leader with Affordable Housing.
April 26
Attended the Southern California Water Coalition Board meeting; discussed the California
water legislation particularly the California water tax and the State water fund; discussed
bills introduced by Senator Caballero
April 27
Attended Lemonade Day; congratulated Councilmember Clark for the event idea and
great job with the event; had pink lemonade from Guin Foss Elementary School.
April 30
Participated in a third grade question and answer on local government and how it works
at Tustin Memorial Academy; congratulated and thanked the teachers for arranging the
afternoon and for the invitation.
May 1
Attended the Orange County Sanitation District Operations Committee meeting.
May 3
Attended the Water Advisory Committee of Orange County meeting; discussed the
California water tax; a great presentation was given that day.
May 4
Attended the Dollars for Scholars Kentucky Derby Fundraiser; was a great event.
City Council May 7, 2019
Meeting Minutes Page 10 of 12
Announced May 2nd was Holocaust Remembrance Day; history is not about the past but
a critical subject for the present and future; need to continue to educate the community
and to share in the Holocaust survivor's experiences and stories of survival and triumph
and ensure we bare witness to these events.
Wished his mother a very Happy Birthday, which was celebrated on May 6t"
Mayor Puckett
April 17
o Attend the Tustin Community Foundation 2019 Superheroes of Tustin Volunteer
Recognition Luncheon; congratulated Councilmember Clark and former Mayor
Elwyn A. Murray for receiving the Superheroes award.
o Attended the Association of California Cities of Orange County (ACCOC)
Installation Banquet.
April 18
Attended the Ribbon Cutting Ceremony for the Always Caring Home Care.
April 20
Attended the Annual Spring Egg Hunt; event gets bigger every year; great job by the
Tustin Parks and Recreation Department.
April 24
o Attended the Transportation Corridor Agencies (TCA) meeting.
o Attended the Orange County Sanitation District meeting as an alternate for Mayor
Pro Tem Bernstein.
April 25
o Attended two (2) Transportation Corridor Agencies (TCA) meetings.
o Chaired the Association of California Cities of Orange County (ACCOC) meeting.
April 26
Attended the Transportation Corridor Agencies (TCA) meeting; toured the mitigation
properties at the end of the toll roads.
April 28
o Attended the 3rd Annual Girl Scouts Day of Service at Foothill High School; was
a phenomenal event.
o Attended the Assistance League of Tustin Parking Lot Sale.
May 1 -
Attended the Southern California Association of Governments (SCAG), Regional
City Council May 7, 2019
Meeting Minutes Page 11 of 12
Conference titled Beyond Boundaries.
May 4
Attended the Old Town Tustin Home and Garden Tour.
ADJOURNED IN MEMORY OF
SOCAL WATER POLO COACH CESAR ALTAMIRANO
It is with great sadness that we adjourn tonight's meeting in memory of Tustin High and
SOCAL water polo coach Cesar Altamirano who tragically passed away from injuries that
he sustained during an automobile accident.
A Go Fund Me page was created to help raise funds for the funeral services and his fiance
who is expecting their child in a few months. Cesar was a hardworking and loving young
man. He left a lasting mark through his love of people and his giving spirit. He was an
excellent coach that provided positive encouragement and had remarkable teaching skills
that led his teams to numerous victories.
Cesar will be deeply missed however his beautiful and loving spirit will remain in the
hearts of his loved ones. We can honor Cesar by emphasizing the skills he taught and
echoing the life he lived; by working hard and loving harder; by doing our best even when _
we're not feeling our best; by putting forth the effort to love and help others. Today we
mourn, today we weep; tomorrow the sun will shine
ADJOURNED at 9:18 p.m. The next meeting is scheduled on Tuesday, May 21, 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
LL &Qad,.t -
ERICA N. YA DA,
City Clerk
City Council May 7, 2019
Meeting Minutes Page 12 of 12