HomeMy WebLinkAboutCC MINUTES 10-01-19CITY OF TUSTIN REGULAR
OCTOBER 1, 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
5:30 P.M.
CALL TO ORDER — Meeting #2461 at 5:32 p.m.
ROLL CALL — City Clerk
Present: Mayor Charles E. Puckett, Council Members Barry W. Cooper and
Austin Lumbard
Absent: Mayor Pro Tem Dr. Allan Bernstein and Council Member Letitia Clark
City Clerk: Carrie Woodward, Management Analyst
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, 2 and 3A, 4A, and 5 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
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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. Mary Wong v. City of Tustin, Case No: 30-2017-00951612
C. Kelly, James, Kristi Wong and Jennifer Otero v. City of Tustin, Case No: 2019-
01089429-CU-PP-CJC
4. LIABILITY CLAIMS — [Government Code § 54956.95]: (1 case)
A. Claim No. 19-29; Claim of Ashot Petrossian
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (1 case)
A. Property
Address/Description
430-461-11
City of Tustin
-Agency
City Negotiators
Matthew S. West, City Manager & John A. Buchanan,
Director of Economic Development
Negotiating Parties
Flight Venture LLC - David Binswanger, Senior Executive
VP
Under Negotiation
I Price and Terms of Payment
Recessed at 5:32 p.m.
Mayor Pro Tem Bernstein and Council Member Clark arrived at 5:39 p.m.
MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2461 at 7:01 p.m.
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE —
American Legion
PRESENTATIONS —
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Mayor Puckett presented Certificates of Recognition to Alex Florman, Benjamin Tilford, and
Will Carlen -Jones in honor of their participation in the 2019 Boys State Program.
Mayor Puckett presented a Proclamation to Jeff R. Thompson in honor of his service as a
Planning Commissioner.
Mayor Puckett presented a Proclamation to David A. Wilson in honor of his retirement as
Director of Parks and Recreation.
Mayor Puckett presented a Proclamation to the Orange County Fire Authority in honor of
Fire Prevention Week.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council denied Claim
No. 19-29; Claim of Ashot Petrossian. Other than that, the Council took no reportable action.
ORAL COMMUNICATION/PUBLIC INPUT —
1. John Garay
CONSENT CALENDAR ITEMS - It was moved by Mayor Pro Tem Bernstein and seconded
by Council Member Lumbard to approve 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 SEPTEMBER 17, 2019.
Motion: That the City Council approve the Action Minutes of the Regular Meeting of
the City Council held on September 17, 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.
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Motion: It is recommended that the City Council approve Payroll in the amount of
$858,519.59 and Demands in the amount of $6,278,272.91.
4. FY2018 URBAN AREA SECURITY INITIATIVE (UASI) GRANT
The City of Anaheim, in its capacity as a Core City for the Anaheim/Santa Ana Urban
Area, has applied for, received and accepted a grant entitled "FY 2018 Urban Areas
Security Initiative" (UASI) Grant Program. This grant is from the Federal Department
of Homeland Security, Federal Emergency Management Agency, through the State
of California Emergency Management Agency. It is intended to enhance countywide
emergency preparedness, and to help the Operational Area prevent, respond to, and
recover from acts of terrorism, as set forth in the grant guidelines and assurances
that are incorporated into the Agreement by reference.
The Office of Grants and Training has awarded $4,135,000.00 to the City of Anaheim
for use in the Anaheim/Santa Ana Urban Area, for the term of May 8, 2019, through
March 31, 2021. The funds are now available for distribution throughout the
Operational Area, and the City of Tustin, as a Sub -Recipient, is authorized to
participate in the grant funding.
Motion: It is recommended that the City Council:
1. Adopt Resolution 19-41, designating the Chief of Police or his designee as
the City's authorized representative for the FY 2018 UASI grant.
2. Approve the FY 2018 UASI Transfer Agreement between the City of
Anaheim and the City of Tustin.
RESOLUTION NO. 19-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY'S
AUTHORIZED REPRESENTATIVE FOR THE FY 2018 URBAN AREAS SECURITY
INITIATIVE (UASI)
5. SECOND AMENDMENT TO THE TUSTIN LEGACY DISPOSITION AND
DEVELOPMENT AGREEMENT CORNERSTONE I (DDA) WITH FLIGHT PHASE I
OWNER LLC (FORMED BY THE AFFILIATES OF LINCOLN PROPERTY
COMPANY COMMERCIAL, INC. AND ALCION CAPITAL STRATEGIC III, LLC)
Request for authorization to approve the Second Amendment to the Disposition and
Development Agreement Cornerstone I (DDA) with Flight Phase I Owner LLC,
successor in interest to Flight Venture LLC (formed by the affiliates of Lincoln
Property Company Commercial, Inc. (LPCC) and Alcion Capital Strategic III, LLC
(Alcion)) for the Flight office development at Tustin Legacy. This amendment would
allow for the formation of a new entity to include LPCC and Alcion by transferring the
option to develop Phase 2 from the Phase 1 owner to this new entity. The formation
of this entity will allow for pre -planning activities to commence and equity to be
invested into Phase 2 from new sources. All terms and conditions in Phase 2, will be
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transferred to the new entity including previously approved entitlements and
development requirements. The purchase price schedule for Phase 2 will remain
unchanged.
Motion: Authorize the City Manager to execute the Second Amendment to the DDA
between Flight Phase I Owner LLC and the City, and any related implementing
documents, subject to non -substantive modifications as may be deemed necessary
and/or recommended by the City's special real estate counsel or the City Attorney.
6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE TUSTIN LEGACY TUSTIN RANCH ROAD AND VALENCIA
AVENUE PARKWAY LANDSCAPING IMPROVEMENTS PROJECT, CIP NO.
70247
The plans and specifications for the Tustin Legacy Tustin Ranch Road and Valencia
Avenue Parkway Landscaping Improvements Project, CIP No. 70247 have been
prepared and the project is ready to be bid.
Motion:
1. Adopt Resolution No. 19-40 approving the plans and specifications for the
Tustin Legacy Tustin Ranch Road and Valencia Avenue Parkway
Landscaping Improvements Project, CIP No. 70247; and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 19-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN LEGACY TUSTIN
RANCH ROAD AND VALENCIA AVENUE PARKWAY LANDSCAPING
IMPROVEMENTS PROJECT, CIP NO. 70247, AND AUTHORIZING
ADVERTISEMENT FOR BIDS
7. AUTHORIZATION TO PURCHASE OFFICE FURNITURE FOR THE PUBLIC
WORKS ENGINEERING RECONFIGURATION (CIP NO. 10032)
Staff is requesting authorization to purchase furniture and modular walls for the
Public Works Engineering Reconfiguration (CIP No. 10032).
Motion: That the City Council adopt Resolution No. 19-44 authorizing the use of
State of California Department of General Services; CMAS Contract #4-11-71-0119A
(National Office Furniture) and 04-12-71-0084B (Trendway Corporation) and
National Cooperative Purchasing Alliance Contract #07-39 (Maxon Furniture) with
D&R Office Works, Inc. for the purchase and installation of furniture, modular walls
and partitions.
RESOLUTION NO. 19-44
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL
SERVICES TO PURCHASE CERTAIN ITEMS
8. AUTHORIZATION TO PURCHASE THREE UTILITY TRUCKS, FIVE PICKUP
TRUCKS AND ONE RIDING LAWN MOWER AND DECLARATION OF SURPLUS
EQUIPMENT FOR PUBLIC AUCTION
Staff is requesting City Council authorization to purchase three (3) 1 -ton utility trucks,
five (5) 1/2 -ton pickup trucks and one (1) riding lawn mower with accessories for
Public Works and Community Development. In addition, the City Council is requested
to declare certain City equipment surplus in accordance with Section 1626a (2) of the
Tustin City Code and authorize their sale at public auction.
Motion: It is recommended that the City Council:
1. Adopt Resolution No. 19-43 authorizing the State of California Department
of General Services to purchase three (3) 1 -ton utility trucks and five (5)1/2 -
ton pickup trucks from Winner Chevrolet, Elk Grove, CA in the amount of
$249,540.91 and also the purchase of one (1) TORO riding lawnmower from
CMAS contract in the amount of $ 23,950.08 from Turf Star, Brea, CA.
2. Declare, in accordance with the Tustin City Code - Section 1626a (2), the
attached itemized list of equipment as surplus and not required for public
use.
3. Authorize the sale of the equipment listed below at the next available public
auction and credit net proceeds to applicable City Revenue Fund.
RESOLUTION NO. 19-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF
CALIFORNIA TO PURCHASE CERTAIN ITEMS
9. AUTHORIZE CONSULTANT SERVICES AGREEMENT FOR THE
PREFERENTIAL PERMIT PARKING PROGRAM ON PUBLIC STREETS UPDATE
Authorization is requested to execute a Consultant Services Agreement (CSA) with
Dixon Resources Unlimited for professional consulting services to update the City's
Preferential Permit Parking Program on Public Streets. In July 2019, the City of Tustin
solicited proposals from four (4) qualified firms to update the Preferential Permit
Parking Program ("project") including policies, procedures and implementation plan
to provide neighborhoods with options to help address parking needs on public
streets.
Motion: It is recommended that the City Council:
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1. Authorize staff to execute a Consultant Services Agreement with Dixon
Resources Unlimited, Inc. in an amount not to exceed $56,775 to cover
professional consulting services, and
2. Appropriate $56,775 from the General Fund (Fund 100) for this work.
REGULAR BUSINESS ITEMS 10-11
10. SPONSORSHIP OF 2019 TUSTIN FOOD AND WINE FESTIVAL
Deputy Director Jerry Craig and Tustin Chamber of Commerce Member Lindberg
McPherson provided a presentation.
City sponsorship of the Tustin Chamber of Commerce's (Chamber) Tustin Food and
Wine Festival event on October 27, 2019.
It was moved by Mayor Pro Tem Bernstein and seconded by Council Member Cooper
that the City Council authorize the City Manager to execute the 2019 Tustin Food
and Wine Festival Sponsorship Agreement, and authorize the City Attorney to make
non -substantive changes to the agreement as deemed necessary.
Motion carried: 5-0
11. LEGISLATIVE UPDATE
Management Analyst Ken Piguee provided a presentation.
Staff has prepared a summary of state legislative activity.
It was moved by Council Member Clark and seconded by Council Member Lumbard
to receive and file the updated legislative matrix as of September 19.
Motion carried: 5-0
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager Matthew S. West
Reported on the Permit Parking Program, Item nine (9) on the agenda, authorizing a
Consultant Services Agreement for a parking consultant; the agreement follows a change
which was made in Spring 2019; City Council requested that staff conduct a public
workshop; staff, after much discussion decided to bring in a permit parking consultant that
will help best fit the needs of the community.
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COUNCILMEMBER COMMENTS AND REPORTS
Council Member Cooper
September 18
Attended Director of Parks and Recreation David A. Wilson's retirement party at the Clifton
C. Miller Community Center.
September 19
Attended the Orange County Vector Control meeting; discussed the influx of the Aedes
mosquito; the first human West Nile case of 2019 was reported in Tustin; reminded
everyone to please cover up and to wear DEET repellant if planning to be outside;
encouraged everyone to visit the Orange County Vector Control website.
September 26
Attended the State of the City event; was a great event; was approached by two (2) City
Council Members from the City of San Clemente who congratulated the Tustin City Council
Members for their participation with the event and video; thanked Mayor Charles E. Puckett
and Communications Manager Stephanie Najera on a great event.
September 29
Attended the Tustin Boys and Girls Club 10th Annual Dinner, Dance & Auction "Motown on
the Bay" Gala in Newport Beach; honored Tustin Unified School District Board Member. —
Jonathan Abelove for all his years of service to the Tustin Community; was an amazing
event.
Announced the 2019 Tustin Tiller Days festival will take place October 4th_6th at Columbus
Tustin Park.
Council Member Lumbard
Congratulated and thanked former Commissioner Jeff Thompson on his dedication to the
Tustin Community; thanked all Tustin Commissioners for all their hard work, dedication,
and for helping to make City Council Members jobs easier.
September 26
Attended the State of the City event; was a great event and a great representation of the
civility of the Tustin City Council Members; may not always have to agree on issues but
City Council Members do a great job of disagreeing agreeably.
Council Member Clark
September 19
Attended the Orange County Business Council, Orange County Community Indicators —
Summit; the event featured the release of the 2019 Community Indicators Report that
tracks the region's health and prosperity; please visit www.ocbc.org for more information.
September 26
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Attended the State of the City event; thanked Communications Manager Stephanie Najera
on a great event; thanked Studio 360 for the video; thanked the Tustin Chamber of
Commerce for a great partnership with the event; thanked Mayor Charles E. Puckett for
putting on a good show.
September 29
Attended the Tustin Boys and Girls Club 10th Annual Dinner, Dance & Auction "Motown on
the Bay" Gala in Newport Beach.
Announced the upcoming Girls in Government Summit on October 4, 2019 at the Clifton
C. Miller Community Center; thanked Executive Coordinator, Regina Blakenhorn and
Executive Assistant Crystal Luna for their hard work with the event; 58 out of 60 spots are
currently filled.
Congratulated and thanked former Commissioner Jeff Thompson and former Director of
Parks and Recreation, David A. Wilson for their dedication and commitment to the Tustin
Community.
Mayor Pro Tem Bernstein
September 18
o Attended the Newport Bay Watershed Committee meeting.
o Attended the Orange County Sanitation District Special meeting; discussed the
Strategic Plan.
September 23
Attended the Orange County Sanitation District Board meeting.
September 26
o Attended the Association of California Cities Orange County, Legislative and
Regulatory meeting.
o Attended the State of the City event; thanked Communications Manager Stephanie
Najera on a great event and thanked Studio 360 for a wonderful video; received
may great comments on the comradery with the City Council Members.
Congratulated and thanked former Commissioner Jeff Thompson and former Director of
Parks and Recreation David A. Wilson for their dedication and commitment to the Tustin
Community; knows Acting Director of Parks and Recreation Chad Clanton will do a great
job with the department.
Invited everyone to attend the 2019 Tustin Tiller Days festival on October 4th -6th at
Columbus Tustin Park.
Announced 2019 Rosh Hashanah ended on October 1St
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Mayor Puckett
September 18
Had the honor to swear -in Stephen "Rusty" Kozak to the Community Services Commission.
September 24
Had the honor to swear -in Lisa Chu to the Planning Commission
September 25
o Attended three (3) Transportation Corridor Agencies meetings.
o Attended the Orange County Taxpayers Association, Roses and Radishes event.
September 26
o Presented Leticia Barrozo from the Tustin Unified School District a Certificate of
Retirement after 35 years working for the District.
o Attended the Orange County Council of Governments meeting.
o Attended the Transportation Corridor Agencies meeting.
o Attended the State of the City event; thanked Communications Manager Stephanie
Najera on a wonderful event.
September 27
o Attended the Hope International University Board meeting.
o Attended the Hope International University Spirit of Hope Gala.
Invited everyone to attend the 2019 Tustin Tiller Days festival on October 4th -6th at
Columbus Tustin Park.
October 1
Attended the soft opening of the Rock & Brews Restaurant.
ADJOURNED at 7:56 p.m. The next meeting is scheduled on Tuesday, October 15, 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.
0
CHARLES E. PUCKETT,
Mayor
City Council
Meeting Minutes
-LuAAjj
ERICA N. Y UDA, _
City Clerk
October 1, 2019
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