HomeMy WebLinkAboutCC MINUTES 05-21-19CITY OF TUSTIN REGULAR MAY 21, 2019
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
Dr. Allan Bernstein, Mayor Pro Tem Matthew S. West, 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 11
MINUTES OF THE CLOSED SESSION
MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — Meeting #2454 at 5:30 p.m.
ROLL CALL — City Clerk
Present: Mayor Charles E. Puckett, Mayor Pro Tem Dr. Allan Bernstein and
Council Members Letitia Clark, Barry W. Cooper and Austin Lumbard
Absent: None
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager
PUBLIC INPUT — None
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council wil convene to
discuss Items 1-4 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 21, 2019
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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
4. LIABILITY CLAIMS pursuant to Government Code § 54956.95: (1 case)
A. Claim No. 19-14; Claim of David Johnson
Recessed at 5:31 p.m.
MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2454 at 7:00 p.m.
INVOCATION — Mayor Puckett
PLEDGE OF ALLEGIANCE — Council Member Cooper
PRESENTATIONS —
Mayor Puckett presented a plaque to Coach Darin McBain in honor of being recognized as
a Gem of Tustin.
Mayor Puckett presented a Certificate of Recognition to Joe Ferguson in honor of his life
saving efforts on March 9, 2019.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council unanimously
denied Claim No. 19-14, Claim of David Johnson. Other than that, there was no reportable
action.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Marie Luebbers
City Council May 21, 2019
Meeting Minutes Page 2 of 9
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 Mayor Pro Tem Bernstein and seconded by Council Member Clark to
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 MAY 7, 2019.
Motion: That the City Council approve the Action Minutes of the Regular Meeting of
the City Council held on May 7, 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
$775,374.94 and Demands in the amount of $7,832,245.81.
4. 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.
5. SUMMARY OF PROJECTS
City Council May 21, 2019
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The following report provides a summary of projects and activities from the
Community Development Department to the Tustin City Council. The report focuses
on the status of projects that the Planning Commission, Zoning Administrator, or staff
approved; major improvement projects; Certificates of Appropriateness; Code
Enforcement activities; and, other items of interest.
Motion: That the City Council receive and file this item.
6. COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF THE ORANGE
COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP) AND APPROVAL OF
UPDATED OCTAP REGULATIONS
The Orange County Transportation Authority (OCTA) has administered the Orange
County Taxi Administration Program (OCTAP) on behalf of Orange County cities and
the County of Orange since 1998. The recent enactment of taxi regulation legislation
AB 1069 (Chapter 753, Statutes of 2017) requires changes to how cities regulate
taxicabs. To comply with State law, it is recommended that the City enter into a new
Cooperative Agreement with OCTA for the continued administration of the OCTAP
program and adopt the updated OCTAP Regulations.
Motion:
Authorize the City Manager to execute Cooperative Agreement No. C-8-2015
with Orange County Transportation Authority for the administration of the
Orange County Taxi Administration Program (OCTAP), effective January 1,
2019 through December 31, 2020; and
2. Adopt Resolution No. 19-22, A Resolution of the City Council of the City of
Tustin, California, Adopting Updated Orange County Taxi Administration
Program Regulations.
RESOLUTION NO. 19-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING UPDATED ORANGE COUNTY TAXI ADMINISTRATION PROGRAM
REGULATIONS
7. POLICE DEPARTMENT VEHICLE PURCHASE
Four (4) Police Department patrol units, one (1) Police Department unmarked vehicle
and five (5) Police Department motorcycles are in need of replacement. In addition,
two (2) Police Department vehicles need to be added to our fleet; one (1) Police
Department unmarked vehicle for Fleet Operations and one (1) Dodge Charger for
the patrol fleet. The Department has determined the need to purchase three (3)
Dodge Charger and two (2) Chevrolet Tahoe pursuit -rated vehicles; one (1)
unmarked Chevrolet Tahoe administrative vehicle; one (1) unmarked Dodge
Durango for Fleet Operations and five (5) BMW Police -packaged motorcycles.
City Council May 21, 2019
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Motion: It is recommended the City Council authorize:
1. The purchase of two (2) 2019 Chevrolet Tahoe pursuit -rated vehicles, (1) 2020
Chevrolet Tahoe police -package vehicle, three (3) 2019 Dodge Charger
pursuit -rated vehicles, and one (1) 2019 Dodge Durango police -package
vehicle from the National Auto Fleet Group in the City of Alhambra in the
amount of $231,674.63.
2. The purchase of five (5) 2019 BMW JR1250RT-P police motorcycles from Iry
Seaver Motorcycles in Orange, California in the amount of $139,877.00
(including tax, license fees, delivery, and police equipment installation).
3. The purchase of police equipment conversion packages for the three (3) 2019
Dodger Chargers, three (3) 2019 Chevrolet Tahoe vehicles and one (1) 2019
Dodge Durango from Hi -Standard Automotive in the City of Orange, California
in the amount of $73,710.21.
4. The purchase of graphic designs from Digital Magic Signs in the amount of
$2,911.56.
5. The Public Works Department will dispose of the retired surplus vehicles at
the next public auction, and credit the net proceeds to the applicable City
Revenue Fund.
6. The appropriation of additional funds from the reserves of the equipment fund
(Fund 184) in the amount of $38,173.40 to complete the purchase.
REGULAR BUSINESS ITEMS 8-9
8. SET DATE FOR FISCAL YEAR 2019-2021 BIENNIAL BUDGET WORKSHOP
Staff suggests that the City Council schedule a Budget Workshop for Tuesday, June
4, 2019. The draft budget will be submitted to the City Council prior to the budget
workshop.
City Manager Matthew S. West recommended that the workshop begin at 5:30 p.m.
on June 4, 2019.
It was moved by Council Member Clark and seconded by Council Member Cooper
to set the meeting time for 5:30 p.m.
Motion carried: 5-0
9. AB 392 (WEBER) AND SB 230 (CABALLERO)
Staff has prepared an overview of AB 392 (Weber) and SB 230 (Caballero), two bills
relating to police use of force.
City Council May 21, 2019
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It was moved by Council Member Lumbard and seconded by Mayor Puckett that the
City Council take the following positions regarding the two bills, and direct staff to
communicate the positions to the State Legislature:
1. Take an OPPOSE UNLESS AMENDED position on AB 392 (Weber): Peace
officers: deadly force.
2. Take a SUPPORT position on SB 230 (Caballero) Law enforcement: use of
deadly force: training: policies.
Motion carried: 5-0
PRESENTATIONS (continued) 31d District Supervisor Donald P. Wagner introduced
himself to the City Council and Tustin community.
COUNCILMEMBER COMMENTS AND REPORTS
Councilmember Cooper
May 8
Attended the Tustin Chamber of Commerce Connection Luncheon.
May 9
o Attended the Orange County Mosquito and Vector Control District Public Relations
meeting; a new slogan is being advertised, Tip and Toss.
o Attended the Sunwest Bank Ribbon Cutting Ceremony; was a well -attended event.
May 16
Attended the Orange County Mosquito and Vector Control District Board meeting.
May 17
Attended the Tustin Unified School District 2019 Teacher of the Year Awards Banquet;
was an amazing event.
May 18
o Was the guest speaker at the Girl Scouts of Orange County Gold Award Ceremony
in Huntington Beach; was an honor to celebrate the outstanding accomplishments
of the girls and adults; congratulated Larissa Skelton, a student at Foothill High
School, who was a recipient of the award.
o Attended the Tustin Rotary Club Lobsterfest; congratulated the Rotary Club for
putting on a great event.
Councilmember Lumbard
City Council May 21, 2019
Meeting Minutes Page 6 of 9
Congratulated the Tustin Chamber of Commerce for a successful Battle of the Badges Golf
Tournament at the Tustin Ranch Golf Course; was a great event to benefit public safety
officers.
Congratulated the Tustin Community Foundation for being selected by Assemblyman
Steven Choi, as the 2019 California Nonprofit of the Year.
Requested for an Automated External Defibrillator (AED) machine to be placed inside the
Council Chambers.
Councilmember Clark
May 14
Attended the Columbus Tustin Middle School Climate Change Summit; was extremely
impressed with the students and their projects; was a great event to attend; commended
the students on their outreach efforts.
May 17
Attended the Tustin Unified School District 2019 Teacher of the Year Awards Banquet; was
an amazing event; a great production put on by the Tustin Public Schools Foundation;
enjoyed seeing former Tustin classmates Jerrin McHale, who is the current Guin Foss
Elementary School, Parent Teacher Organization President, and Ivan Ramirez, Tustin
Teacher of the Year Nominee for Hillview High School.
May 19
Volunteered with the National Charity League at the Santa Ana Zoo Party for the Planet.
Announced is looking forward to the annual budget review workshop.
Requested that city staff contact the Tustin Girl Scout Troop to provide flag ceremony at a
future City Council meeting.
Thanked Marie Luebberg for her invitation to the Community Choice Agency's Business of
Local Energy symposium; requested staff to provide an update re community choice energy
which was discussed at the Strategic Plan Workshop.
Mayor Pro Tem Bernstein
May 8
Attended The Orange County Local Area Formation Commission meeting.
May 13
Attended the Orange County Sanitation District Legislative and Public Affairs Committee
meeting; discussed Assembly Bill (AB) 217 which supports the state water tax and
Assembly Bill (AB) 1672 by Assemblyman Ken Cooley which is a bill on solid waste
flushable products.
City Council May 21, 2019
Meeting Minutes Page 7 of 9
May 16
Attended the Tustin Chamber of Commerce Battle of the Badges Golf Tournament at the
Tustin Ranch Golf Course; was a great event.
May 17
o Attended the Orchard Hills Middle School exit interviews; congratulated the students
on their projects; evident that a lot of hard work was put into the projects;
congratulated the teachers and parents who worked with and supported the students
throughout the year.
o Attended the Tustin Unified School District 2019 Teacher of the Year Awards
Banquet; congratulated all the nominees and award recipients.
May 18
Attended the Yorba Linda Water District (YLWD) Open House; thanked the YLWD for the
invitation.
Invited everyone to attend the Santa Ana Cemetery Veterans Ceremony on Memorial Day,
Monday, May 27, 2019.
Invited everyone to attend the Tustin Chili Cook -Off and Street Fair event on Sunday, June
2, 2019.
Mayor Puckett
May 8
o Attended the Transportation Corridor Agencies Executive meeting.
o Attended the Tustin Chamber of Commerce Connection Luncheon.
o Attended Tustin Unified School District employee Kathy Nielson's retirement party.
May 9
o Attended the Transportation Corridor Agencies Board meeting.
o Attended the Transportation Corridor Agencies meeting.
o Attended the Transportation Corridor Agencies Ad Hoc Committee meeting.
o Attended the Sunwest Bank Ribbon Cutting Ceremony; was a wonderful event.
May 14
Attended the Columbus Tustin Middle School Climate Change Summit; congratulated the
students on a wonderful job.
May 15
o Attended the Transportation Corridor Agencies meeting.
City Council May 21, 2019
Meeting Minutes Page 8 of 9
o Attended the Tustin Homeless Shelter tour with Orange County Supervisor Donald
P. Wagner.
May 16
o Participated in the Newport Beach Chamber of Commerce Leadership Tomorrow
Mayor's Panel.
o Attended the Tustin Chamber of Commerce Battle of the Badges Golf Tournament
dinner at the Tustin Ranch Golf Course; was a great event.
May 17
o Attended the Orchard Hills Middle School exit interviews; phenomenal event to
attend.
o Attended the Tustin Unified School District 2019 Teacher of the Year Awards
Banquet; congratulated all the nominees and award recipients.
May 20
Attended the Hope International University Golf Tournament.
ADJOURNED at 7:37 p.m. The next meeting is scheduled on Tuesday, June 4, 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. YAS DA,
City Clerk
City Council May 21, 2019
Meeting Minutes Page 9 of 9