The URL can be used to link to this page

Home My WebLink AboutCC MINUTES 06-04-19CITY OF TUSTIN REGULAR JUNE 4, 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 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 6:15 P.M. CALL TO ORDER — Meeting #2455 at 6:15 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 will 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 City Council June 4, 2019 Meeting Minutes Page 1 of 10 of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to 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 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property Address/Description 430-252-05 Agency City of Tustin City Negotiators Matthew S. West, City Manager & Jerry Craig, Deputy Director of Economic Development Negotiating Parties OUTFRONT Media, Collin Smith, Vice President — National Real Estate Group Under Negotiation I Price and Terms of Payment Recessed to Closed Session at 6:15 p.m. REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2455 at 7:08 p.m. INVOCATION — Rabbi Elie Kaplan Spitz, Congregation B'nai Israel PLEDGE OF ALLEGIANCE — Girl Scout Troop 3562 CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — Ravi Choudhuri, American Lung Association City Council June 4, 2019 Meeting Minutes Page 2 of 10 CONSENT CALENDAR ITEMS 1 - 7 _ Mayor Pro Tem Bernstein recused himself from Item No. 7 and Public Hearing Item No. 8 due to a potential conflict in real property interest. It was moved by Mayor Pro Tem Bernstein and seconded by Council Member Clark to approve the balance of the Consent Calendar 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 21, 2019. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on May 21, 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 $798,142.17 and Demands in the amount of $1,914,404.74. 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the fourth quarter of 2018. The average noise level measured at Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1 ), remained fairly consistent with prior quarters during this fourth quarter reporting period. Average noise levels during the fourth quarter continued to remain well below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Motion: That the City Council receive and file this report. 5. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE CLIFTON C. MILLER COMMUNITY CENTER AUDITORIUM RENOVATION (CIP NO. 20079) City Council June 4, 2019 Meeting Minutes Page 3 of 10 The Clifton C. Miller Community Center Auditorium Renovation has been completed and the project is ready for acceptance and filing of the Notice of Completion. Motion: It is recommended that the City Council: 1. Adopt Resolution No. 19-23 accepting the Clifton C. Miller Community Center Auditorium Renovation (CIP No. 20079), and 2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office. RESOLUTION NO. 19-23 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 CLIFTON C. MILLER COMMUNITY CENTER AUDITORIUM RENOVATION (CIP NO. 20079) 6. OLD TOWN TUSTIN PLANTER BOX PUBLIC ART PROJECT APPROVAL At their May 15, 2019, Regular Meeting, the Community Services Commission recommended to forward nine planter box art concepts, that were previously approved by the Public Art Committee, for future consideration by the City Council to complete Phase 1 of the Old Town Tustin Planter Box Art Project. Motion: That the City Council adopt Resolution 19-24 approving nine planter box art designs, submitted by four artists, to decorate Main Street and EI Camino Real in Old Town Tustin and authorize the Parks and Recreation Department to execute agreements with the respective artists. RESOLUTION NO. 19-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE ARIWORK AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AGREEMENTS WITH THE RESPECTIVE ARTISTS 7. AWARD OF CONTRACTS FOR ANNUAL LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND CITY[WATER FACILITIES AND THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Staff is requesting the City Council award landscape maintenance services contracts for the General Fund City/Water Facilities and Tustin Landscape and Lighting District, covering an initial term, beginning July 1, 2019 through June 30, 2021 with an option for three additional one-year extensions at the City's sole discretion. Public Input: Neil Sherman It was moved by Council Member Lumbard and seconded by Council Member Clark to award landscape maintenance services contracts to; Mariposa Landscapes, Inc. City Council June 4, 2019 Meeting Minutes Page 4 of 10 for the General Fund City/Water Facilities in the amount of $1,138,049.28 annually; and Mariposa Landscapes, Inc. for the Tustin Landscape and Lighting District (TLLD) in the amount of $656,340.48 annually, authorizing the Mayor and the City Clerk to execute the contract documents on behalf of the City. Motion carried: 4-0 PUBLIC HEARING ITEM 8 8. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2019-2020 The Tustin Landscape and Lighting District Engineer's Report was completed and approved by the City Council at their May 7, 2019 meeting. At that meeting, the City Council declared its intention to levy annual assessments and set a public hearing for June 4, 2019. In order to levy the annual assessments, the City Council is required to conduct a public hearing and, provided there is no majority protest, adopt Resolution No. 19-25 confirming the annual assessments for Fiscal Year 2019-2020. Public hearing opened at 7:25 p.m. Public hearing closed at 7:25 p.m. with no public input It was moved by Council Member Clark and seconded by Council Member Cooper to: Conduct a public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2019-2020; and 2. Adopt Resolution No. 19-25 confirming the annual assessments for Fiscal Year 2019-2020. Motion carried: 4-0 RESOLUTION NO. 19-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2019-2020 Mayor Pro Tem Bernstein returned to the dais. City Council June 4, 2019 Meeting Minutes Page 5 of 10 REGULAR BUSINESS ITEMS 9-10 9. CODE AMENDMENT REGARDING COMMISSIONER ABSENCES City Attorney David E. Kendig provided a PowerPoint presentation. At the City Council meeting of May 7, 2019, the City Council directed staff to return with a proposed amendment to the City Code provisions related to Commissioner absences. Ordinance No. 1481 adopted on May 16, 2017, establishes automatic removal of Commissioners upon the occurrence of four (4) absences from Commission meetings within any twelve (12) consecutive month period, but excluding such absences excused by the City Council. This staff report provides the City Council with two (2) alternatives (though the Council may direct staff to return with a different approach at the Council's discretion): 1. (Version A) "Four Strikes, You're Out": Automatic removal of Commissioner upon four (4) absences within any twelve (12) consecutive month period without any possible excuse (Attachment A); or 2. (Version B) "No Limit": No automatic removal based on absences. This -- would remove the absences policy from the Ordinance. Removal would only occur if the Commissioner or Board Member is elected to the City Council or if three members of the City Council vote to remove the Commissioner/Board member. (Attachment B). Either alternative would still allow the City Council to remove any or all members of a Commission or Board with at least three (3) affirmative votes. It was moved by Mayor Pro Tem Bernstein and seconded by Mayor Puckett to have first reading by title only of Version B of the proposed Ordinance No. 1502. Motion carried: 3-2 (Council Member Clark and Council Member Cooper dissented) ORDINANCE NO. 1502 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 1513, 1539, 1553, AND 1573 OF CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE REGARDING CITY COMMISSIONER AND BUILDING BOARD OF APPEALS MEMBER REMOVAL FROM OFFICE. 10. LEGISLATIVE UPDATE Staff prepared a summary of state legislative activity. City Council June 4, 2019 Meeting Minutes Page 6 of 10 The City Council unanimously received and filed the updated legislative matrix as of May 23. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY City Manager Matthew S. West Thanked staff for their hard work with the FY 2019/2020 and 2020/2021 two year budget. Thanked Director of Finance John Buchanan, Deputy Director of Finance Sean Tran, Mangement Analyst Glenda Babbitt, Director of Public Works Douglas S. Stack, Public Works Manager Stacey Cuevas, Field Services Manager Jason Churchill and their teams for putting the budget together. Invited everyone to visit the newly renovated Community Center after the City Council meeting. COUNCILMEMBER COMMENTS AND REPORTS Councilmember Cooper May 22 Attended the Partnership for Youth Success in Anaheim. May 23 Participated in the Currie Middle School Exit Interviews; thanked Currie Middle School for the opportunity to participate in the event. Mav 24 Attended Tustin Night at Angel Stadium; thanked the Tustin Chamber of Commerce members and citizens who joined the event. May 28 o Attended the Navy Conveyance staff meeting. o Attended the Police Department Volunteer Dinner at the Tustin Ranch Golf Course; thanked the volunteers for the thousands of hours they have worked throughout the year. May 30 Attended the Broadmoor Park Home Owners Association meeting; discussed different parking options. May 31 Attended the Tustin Area Man and Woman of the Year 2018 event; congratulated Tony Wong and Erin Nielsen for receiving the award. June 2 Attended the Street Fair and Chili Cook -Off event; thanked all the volunteers for their hard City Council June 4, 2019 Meeting Minutes Page 7 of 10 work. Councilmember Lumbard Thanked the City Selection Team for selecting him to serve on the Airport Land Use Commission for Orange County. June 2 Volunteered at the Chili Cook -Off and Street Fair event; congratulated staff on a successful event; thanked all the volunteers who arrived with him before sunrise to help set-up for the event. Councilmember Clark Mav 23 Attended the Orange County Fire Authority Board of Directors meeting. May 24 Attended "Tustin Night" at Angel Stadium; thanked the Tustin Chamber of Commerce members and everyone who joined the event. May 28 Attended the Tustin Police Department Volunteer Dinner at the Tustin Ranch Golf Course; was a great event. May 30 Attended Congresswoman Katie Porter's Town Hall meeting at the Tustin Library. June 2 Attended the City of Tustin Street Fair and Chili Cook -Off event; thanked all the volunteers for their hard work; enjoyed the changes to the layout of the event, especially moving the rides to C Street; appreciates all the hard work by the city staff and volunteers. Thanked staff for the hard work in preparing the FY 2019/2020 and 2020/2021 budget. Thanked staff for inviting Girl Scout Troop 3562 to provide the Pledge of Allegiance at the City Council meeting. Mayor Pro Tem Bernstein May 22 o Attended the Association of California Cities Orange County seminar on Assembly Bill 1356, regulating marijuana dispensaries. o Attended the Orange County Sanitation District Board meeting; discussed Assembly Bill 967. May 24 City Council June 4, 2019 Meeting Minutes Page 8 of 10 Attended "Tustin Night" at Angel Stadium; thanked the Tustin Chamber of Commerce members and everyone who joined the event. May 27 o Was the keynote speaker for the American Legion Post #227 Memorial Day Celebration at the Tri -City Cemetery in Santa Ana. o Attended the League of California Cities -Orange County Environmental Quality meeting. May 30 Attended the United States Marine Corps Stingers Squadron, Changing of Command Ceremony at Camp Pendleton with Cris Cusac. May 31 o Attended the Municipal Water District of Orange County Water Summit. o Attended the Tustin Area Man and Woman of the Year 2018 event; congratulated Tony Wong and Erin Nielsen for receiving the award. June 2 Attended the City of Tustin Street Fair and Chili Cook -Off event; thanked all the volunteers for their hard work; congratulated David A. Wilson, Director of Parks and Recreation; Chad Clanton, Deputy Director of Parks and Recreation; Vanessa Osborn, Recreation Supervisor; Garrison DeVine, Recreation Coordinator and staff on a great event. Announced on June 6, 1944 the Invasion of Normandy occurred; a week later on June 15, 1944 the Battle of Saipan occurred; these two battles helped lead to the beginning of the end of World War II. Mayor Puckett May 22 Attended the Transportation Corridor Agencies meeting. May 23 o Attended the Orange County Council of Governments Board meeting. o Attended the Transportation Corridor Agencies meeting. May 24 Was unable to attend "Tustin Night" at Angel Stadium due to a family wedding in Tulsa, Oklahoma. May 30 Attended Congresswoman Katie Porter's Town Hall meeting at the Tustin Library. City Council June 4, 2019 Meeting Minutes Page 9 of 10 May 31 o Celebrated his daughter Denise's birthday. o Attended the Tustin Area Man and Woman of the Year 2018 event; congratulated Tony Wong and Erin Nielsen for receiving the award. June 2 Attended the City of Tustin Street Fair and Chili Cook -Off event; thanked all the volunteers for their hard work; was a great event. ADJOURNED at 8:04 p.m. The next meeting is scheduled on Tuesday, June 18, 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. r CHARLES E. PUCKETT, Mayor L� j �Aj4da , ERICA N.-YAsqbA, City Clerk City Council June 4, 2019 Meeting Minutes Page 10 of 10