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Home My WebLink AboutCC MINUTES 07-16-19CITY 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 JULY 16, 2019 COUNCIL CHAMBER 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 6:00 P.M. CALL TO ORDER — Meeting #2458 at 6:00 p.m. ROLL CALL — City Clerk Present: Mayor Charles E. Puckett, Mayor Pro Tem Dr. Allan Bernstein and Council Member Barry W. Cooper Absent: Council Members Letitia Clark and Austin Lumbard 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 City Council will convene to discuss Items 1-5 on the Closed Session Agenda. The purpose of Item No. 1 is to discuss the recent officer involved shooting at Tustin Legacy that occurred last week. 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 July 16, 2019 Meeting Minutes Page 1 of 7 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 Price and Terms of Payment 5. LIABILITY CLAIMS — pursuant to Government Code § 54956.95: (1 case) A. Claim No. 19-17, Claim of Gary L. Chambers OBO Howard Subnick Recessed to Closed Session at 6:01 p.m. Council Member Clark arrived at 6:35 p.m. MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2458 at 7:00 p.m. INVOCATION — Director of Strategic Assests Ben Hurst, Salvation Army PLEDGE OF ALLEGIANCE — Mayor Pro Tem Bernstein City Council July 16, 2019 Meeting Minutes Page 2 of 7 PRESENTATIONS — Mayor Puckett presented a Certificate of Recognition to Senior Management Assistant Julie Interrante in honor of 35 Years of Service. Government Relations Manager Kelley Lee provided a PowerPoint presentation regarding the Southern California Edison Wildfire Mitigation Plan. Mayor Puckett presented a Proclamation to Orange County Fire Authority Division IV Chief Phil Johnson in recognition of Drowning Prevention Awareness. Mayor Puckett presented a Proclamation to Orange County Fire Authority Division IV Chief Phil Johnson in recognition of Wildfire Awareness. CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council denied Claim No. 19-17, Claim of Gary L. Chambers OBO Howard Subnick. Other than that, there was no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — None CONSENT CALENDAR ITEMS 1-6 — It was moved by Council Member Clark and seconded by Mayor Pro Tem Bernstein to approve the Consent Calendar as recommended by staff. Motion carried: 4-0 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 JULY 2, 2019. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on July 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. City Council July 16, 2019 Meeting Minutes Page 3 of 7 Motion: It is recommended that the City Council approve Payroll in the amount of $831,782.70 and Demands in the amount of $8,815,663.21. 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the first quarter of 2019. 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 first quarter reporting period. Average noise levels during the first 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. SECOND READING AND ADOPTION OF ORDINANCE NO. 1501 Adoption of Ordinance No. 1501 approves Development Agreement 2018-00001 between the City of Tustin and SchoolsFirst Federal Credit Union to facilitate the development of an office campus facility with a 180,000 square foot office building, a 5,000 square foot retail bank branch building and four (4) level parking structure. Motion: Have second reading by title only and adoption of Ordinance No. 1501. ORDINANCE NO. 1501 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT 2018-00001 BETWEEN THE CITY OF TUSTIN AND SCHOOLSFIRST FEDERAL CREDIT UNION TO FACILITATE THE DEVELOPMENT OF AN OFFICE CAMPUS FACILITY WITH A 180,000 SQUARE FOOT OFFICE BUILDING, A 5,000 SQUARE FOOT RETAIL BANK BRANCH BUILDING, FOUR (4) LEVEL PARKING STRUCTURE AND ASSOCIATED SITE IMPROVEMENTS WITHIN PLANNING AREAS 7, 9, 11 AND 14 OF THE PACIFIC CENTER EAST SPECIFIC PLAN 6. EXPENDITURE OF PROCEEDS FROM THE 2019 TUSTIN STREET FAIR & CHILI COOK -OFF FOR PUBLIC PURPOSE For the past 34 years, a portion of the proceeds from the Tustin Street Fair & Chili Cook -off have been distributed to local non-profit organizations in exchange for supplying volunteers to serve and contribute to the event and benefit the public throughout the year. For 2019, the organizations selected to receive these funds for public purpose are the Tustin American Legion Post 227 and nine additional groups. Motion: It is recommended that City Council authorize the expenditure for public purposes of $20,000 in surplus proceeds from the 2019 Tustin Street Fair & Chili Cook -off to ten local non-profit organizations for their community service. City Council July 16, 2019 Meeting Minutes Page 4 of 7 PUBLIC HEARING ITEM 7 7. 2019 PUBLIC HEALTH GOALS REPORT The California Health and Safety Code requires public water systems serving more than 10,000 service connections to prepare a Public Health Goal (PHG) report every three years and conduct a public hearing to provide information to consumers on levels of contaminants in the City's drinking water. For the 2016-2018 reporting period, the City's drinking water quality compiled with all California Division of Drinking Water (DDW), and United States Environmental Protection Agency (USEPA) drinking water standards. Although PHGs are recommended targets and not enforceable standards, the City's water system exceeded the PHGs for arsenic, bromate, coliform bacteria, lead, copper, gross alpha and beta particle activity, and uranium. It is important to note, all water samples that reported above the PHGs, also reported below the state and federal maximum contaminant levels (MCL), and the City's water system remains in full compliance with all state and federal water quality standards. Public hearing opened at 7:26 p.m. Public hearing closed at 7:26 p.m. with no public input It was moved by Mayor Pro Tem Bernstein and seconded by Council Member Cooper that the City Council approve the 2019 Public Health Goal Report. Motion carried: 4-0 COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper July 4 o Attended Operation Warm Wishes Canned Food Drive at Tustin High School; congratulated TyRon Jackson, President of Operation Warm Wishes, for another successful food drive; was an honor to participate in the event o Attended the Tustin Meadows 4th of July parade o Attended the Tustin Fireworks Show at Tustin High School; had a great time Council Member Clark July 4 o Attended the Tustin Meadows 4th of July parade; thanked the Tustin Meadows City Council July 16, 2019 Meeting Minutes Page 5 of 7 Community for a great parade o Attended the Tustin Fireworks Show at Tustin High School; congratulated the Parks and Recreation Department for putting on a great event; thanked Director of Parks and Recreation David A. Wilson and Recreation Supervisor Marilyn Buescher for organizing the event; was a fun and successful community event July 12 Attended the Emergency Medical Care Committee meeting; discussed Southern California Edison's Power Safety Public Shut -Offs; appreciated the communication to the public about these shut -offs; thanked Kelley Lee, Southern California Edison Government Relations Manager for her presentation Announced the Orange County Library Advisory Committee is encouraging everyone to visit the Orange County Public Libraries and to participate in the Discover and Go program; the program allows the use of a library card to receive discounts at a number of museums and activities around the county Mayor Pro Tem Bernstein July 4 o Attended the Tustin Meadows 4th of July parade; thanked the Tustin Meadows Community for a great parade o Attended the Tustin Fireworks Show at Tustin High School; congratulated the Parks and Recreation Department for putting on a great event; had a great time listening to the Stone Soul band July 8 Attended the Orange County Sanitation District Legislation and Public Affairs meeting July 10 Attended the Orange County Sanitation District Operations Committee meeting; announced the beaches patrolled by the Orange County Sanitation District are the cleanest beaches in Southern California which all received A+ ratings; discussed Senate Bill 1383 July 12 o Attended the Water Advisory Committee of Orange County meeting; announced the water tax will not be implemented for at least the next few years o Attended the League of California Cities General meeting; keynote speaker was Assemblywoman Sharon Quirk -Silva; discussed the housing legislation that has been recently passed Announced that July 16, 2019 is the 50th Anniversary of the launching of Apollo 11 to the moon; was a great moment in American history City Council July 16, 2019 Meeting Minutes Page 6 of 7 Mayor Puckett July 4 o Attended the Tustin Meadows 4th of July parade; thanked the Tustin Meadows Community for a great parade; thanked community member Neil Sherman for being one of the vehicle drivers in the parade o Attended the Tustin Fireworks Show at Tustin High School; congratulated the Parks and Recreation Department for putting on a great event; had a great time listening to the Stone Soul band July 9 Shared that he had cataract surgery on left eye July 11 Attended the Transportation Corridor Agencies Executive meeting July 14 Attended the Veterans Outpost monthly BBQ; thanked the Tustin and Irvine Exchange Clubs for putting on such a great BBQ for all the veterans Announced he will be celebrating his wife's birthday on July 18th; wished her a Happy Birthday ADJOURNED at 7:39 p.m. The next meeting is scheduled on Tuesday, August 20, 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. ,-e)X�� j. CHARLES E. PUCKETT, Mayor City Council Meeting Minutes L-rA . n. AW, ERICA N. YASUIbA, City Clerk July 16, 2019 Page 7 of 7