HomeMy WebLinkAboutCC MINUTES 10-15-19CITY OF TUSTIN REGULAR
OCTOBER 15, 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 #2462 at 5:33 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 Council will meet to
discuss Items 1, 2, 4 and 5. Item 3 will not be discussed.
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
Government Code § 54956.9(a): (3 cases)
City Council October 15, 2019
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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. 19-34; Claim of Law Offices of Jerry L. Steering OBO: Andrew Denny
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (1 case)
A. Property
Address/Description
Lease of Portions of 430-391-19, 20, 29, 30, 32, 42, 43,
44, 45, 46, 47, 50, 66, 67, 68, 69, 72
Agency
City of Tustin
City Negotiators
Matthew S. West, City Manager & John A. Buchanan,
Director of Economic Development
Negotiating Parties
Nicholas Prescott, Transaction Manager; Amazon.com
Services, Inc.
Under Negotiation
Price and Terms of Payment
Recessed to Closed Session at 5:33 p.m.
Council Member Clark arrived at 5:45 p.m.
Council Member Lumbard arrived at 6:15 p.m.
MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2462 at 7:04 p.m.
INVOCATION - Eric Wakeling, Senior Pastor, Calvary Church
PLEDGE OF ALLEGIANCE — Council Member Cooper
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CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council unanimously
denied the application to present late Claim No. 19-34. 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 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 OCTOBER 1, 2019.
Motion: That the City Council approve the Action Minutes of the Regular Meeting of
the City Council held on October 1, 2019.
3. RATIFICATION OF PAYROLL
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
$819,523.63.
4. SB 2 PLANNING GRANT FUNDING
The Community Development Department is proposing to submit a 2019 Planning
Grants Program (PGP) project application to the State of California, Department of
Housing and Community Development, for up to the maximum amount of non-
competitive funding allowed to the City of Tustin ($310,000) for multiple eligible
projects that support the State's program. The PGP is intended to provide funding to
local governments for the preparation, adoption, and implementation of plans that
streamline housing approvals and accelerate housing production.
Motion: That the City Council: Adopt Resolution No. 19-42 (Attachment A)
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authorizing and directing the Community Development Director to apply for and
submit to the State of California, Department of Housing and Community
Development, the 2019 Planning Grants Program application in an amount up to
$310,000; authorize the City Manager to enter into and execute an agreement with
the State for said funds, and, authorize the Community Development Director to
manage the grant.
RESOLUTION NO. 19-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS
PROGRAM FUNDS
5. AMENDMENT TO THE CITIZEN PARTICIPATION PLAN AND 2019-20 ACTION
PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
A Citizen Participation Plan is required for the City of Tustin's participation in the
CDBG program. The Citizen Participation Plan outlines the process for public
participation in the development and implementation of the Consolidated Plan. At the
City's Council's meeting on April 16, 2019, the City Council directed staff to review
the Citizen Participation Plan, specifically with regard to the funding allocation
procedure for public service activities. The proposed amendment to the Citizen
Participation Plan would revert the funding cycle for public service activities from a
one-year back to a three-year funding cycle. An additional amendment is being —
proposed, which would modify the definition of a substantial amendment to the
Consolidated Plan and/or Action Plan.
An amendment to the 2019-20 Action Plan is also being proposed, which would
reallocate funding from the CDBG Program Administration activity, to a new activity,
the Historic Resources Survey Update.
Motion: That the City Council adopt Resolution No. 19-47 amending the Citizen
Participation Plan for the CDBG program by: reverting the funding cycle for public
service activities from a one-year back to a three-year funding cycle, and modifying
the definition of a substantial amendment to the Consolidated Plan and/or Action
Plan; and, amending the 2019-20 Action Plan by reallocating funding from CDBG
Program Administration activity to the Historic Resources Survey Update.
RESOLUTION NO. 19-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING AMENDMENTS TO THE CITY'S CITIZEN PARTICIPATION PLAN
AND THE 2019-20 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM AND AUTHORIZING SUBMISSION OF THE
AMENDMENTS TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
6. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
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Quarterly Report for the second 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
second quarter reporting period. Average noise levels during the second 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.
PUBLIC HEARING ITEMS 7-8
7. APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE DESIGN
REVIEW 2018-00026 AND CONDITIONAL USE PERMIT 2018-00018 (COSTCO
GAS STATION)
Appellants: Charlie Mazza on behalf of himself and unidentified homeowners and
businesses
Address: 2541 and 2655 EI Camino Real
Applicant: Terry Odle/MG2, 3333 Michelson Drive, Suite 100 Irvine, CA 92612
Property Owner: Diana Salazar, Costco Director of Real Estate Costco Wholesale
Corporation 9 Corporate Park, Suite 230 Irvine, CA 92606
PowerPoint Presentation by Senior Planner Erica Demkowicz
Presentation by Costco Representatives Director of Real Estate Diana Salazar,
Senior Engineer Neelam Dorman and Attorney Dale Goldsmith
Presentation by Appellant Charlie Mazza
Public hearing opened at 8:18 p.m.
Public Input:
1.
Anne Lee
2.
Dale Geurts
3.
Denise Berg
4.
Bill Strohler
5.
Maysim Mondegaran
6.
Laura Adams
7.
Anayeli Garfias
8.
Marie Luebbers
9.
Tom Key
10.
James H.
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11. Asher Sharomi
12. Dave Gilchrist
13. Rajasekhar Palwai
14. Tal Finney
15. Lak Venkat
16. David Wu
Public hearing closed at 8:49 p.m.
On July 9, 2019, the Planning Commission adopted Resolution No. 4385 (Attachment
M), approving a request to demolish the existing Goodyear Tire Center located at
2541 EI Camino Real and to replace with 56 new parking stalls and to construct a
new 16 pump Costco gasoline fuel station with canopy and related equipment at 2655
EI Camino Real.
On July 19, 2019, the appellants (listed above) filed an appeal of the Planning
Commission's adoption of Resolution No. 4385 approving the project. The written
appeal: (1) states that the actions taken by the Planning Commission should be
reversed; (2) identifies concerns related to the gas station operation; and (3) identifies
concerns related to the adequacy of the environmental determination of the proposed
project.
Original Motion: It was moved by Mayor Puckett and seconded by Mayor Pro Tem
Bernstein to adopt Resolution No. 19-39 (Attachment T) upholding the Planning
Commission's decision to approve Conditional Use Permit (CUP) 2018-00018 and
Design Review (DR) 2018-00026 to authorize the demolition of the existing Goodyear
Tire Center and adjacent Goodyear parking area at 2541 EI Camino Real and replace
with 56 new parking stalls and to construct a new 16 pump Costco gasoline fuel
station with canopy and related equipment at 2655 EI Camino Real.
Substitute Motion: It was moved by Council Member Clark to direct staff to conduct
a study to cover items that have not been covered.
Motion died due to a lack of a second.
Mayor Puckett called a vote for the Original Motion.
Motion carried: 4-1 (Council Member Cooper dissented)
RESOLUTION NO. 19-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
UPHOLDING PLANNING COMMISSION APPROVAL OF CONDITIONAL USE
PERMIT 2018-00018 AND DESIGN REVIEW 2018-00026, A REQUEST TO
DEMOLISH THE EXISTING GOODYEAR TIRE CENTER AND ADJACENT
GOODYEAR PARKING AREA AT 2541 EL CAMINO REAL AND REPLACE WITH
56 NEW PARKING STALLS AND TO CONSTRUCT A NEW 16 PUMP COSTCO
GASOLINE FUEL STATION WITH CANOPY AND RELATED EQUIPMENT AT 2655
EL CAMINO REAL.
City Council October 15, 2019
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Recessed at 9:36 p.m.
Reconvened at 9:42 p.m.
8. ORDINANCE NO. 1503 AMENDING CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN
CITY CODE AND ADOPTING THE 2019 CALIFORNIA BUILDING STANDARDS
CODE, RELATED MODEL CODES WITH CERTAIN APPENDICES, AND
SUPPLEMENTAL REGULATIONS, AND ADOPTING AMENDMENTS THERETO;
AND, RESOLUTION NO. 19-46 AMENDING RESOLUTION NO. 08-60 TO
ELIMINATE THE TUSTIN TRANSPORTATION SYSTEM IMPROVEMENT
PROGRAM FEE
Every three (3) years, the State of California Building Standards Commission selects
and adopts new construction regulations substantially based on internationally
published model codes. Collectively, these State regulations are known as the
California Code of Regulations (CCR), Title 24, or most commonly, the "California
Building Standards Code." State law requires the 2019 California Building Standards
Code to apply to all California cities effective January 1, 2020.
However, the State of California's Health and Safety Code Section 17958.7 and
18941.5 permits local governments to adopt amendments to the California Building
Standards Code when they are administrative or procedural, or when there are local
climatic, geological or topographical conditions that exist within their communities.
The local government amendments must provide a more restrictive building standard
than that contained in Title 24. Health and Safety Code Section 18941.5. Ordinance
No. 1503 is proposed to adopt and amend the 2019 Building Standards Code with
certain Appendices and supplemental regulations.
Also, the Tustin Transportation System Improvement Program formally expires on
January 1, 2020, eliminating the requirement for collecting the associated fee when
building permits are issued within the Program Area. Resolution No. 19-46 is
proposed to amend the City's Comprehensive Fee Schedule to eliminate the fee,
effective January 1, 2020.
Public hearing opened at 9:43 p.m.
Public hearing closed at 9:43 p.m. with no public comments
It was moved by Council Member Lumbard and seconded by Council Member Clark
to approve staff's recommendation.
1. Continue to November 5, 2019, consideration of Resolution 19-45 setting
forth findings as to local climatic, geographic or topographic conditions within
the City of Tustin which make it reasonably necessary to make certain
amendments to the 2019 Building Standards Code;
2. Introduce and have first reading of Ordinance No. 1503 and set for second
City Council October 15, 2019
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reading at the Council's November 5, 2019 meeting. This procedure is in
accordance with the California Government Code Title 5, Division 1, Part 1
as published by the Building Standards Bulletin 19-05; and,
3. Adopt Resolution 19-46 amending the City -Wide Comprehensive Schedule
of Fees to eliminate the current Tustin Transportation System Improvement
Program fees effective January 1, 2020.
City Attorney David E. Kendig read the title of Ordinance No. 1503 in the record.
Motion carried: 5-0
RESOLUTION NO. 19-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN
THE CITY OF TUSTIN WHICH MAKE NECESSARY CERTAIN MODIFICATIONS
AND CHANGES TO THE 2019 CALIFORNIA BUILDING STANDARDS CODE
ORDINANCE NO. 1503
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ADOPTING CODE AMENDMENT 2019-00001 AMENDING CHAPTER 1 OF
ARTICLE 8 OF THE TUSTIN CITY CODE AND ADOPTING THE 2019 CALIFORNIA
BUILDING STANDARDS CODE, RELATED MODEL CODES WITH CERTAIN
APPENDICES, AND CERTAIN SUPPLEMENTAL REGULATIONS, INCLUDING:
THE CALIFORNIA BUILDING CODE, 2019 EDITION, ADDING APPENDIX P; THE
CALIFORNIA RESIDENTIAL CODE, 2019 EDITION; THE CALIFORNIA FIRE
CODE, 2019 EDITION, INCLUDING APPENDICES B, BB, C, CC, AND H; THE
CALIFORNIA GREEN BUILDING STANDARDS CODE, 2019 EDITION; THE
CALIFORNIA PLUMBING CODE, 2019 EDITION; THE CALIFORNIA MECHANICAL
CODE, 2019 EDITION; THE CALIFORNIA ELECTRICAL CODE, 2019 EDITION;
THE CALIFORNIA ENERGY CODE, 2019 EDITION; THE CALIFORNIA
HISTORICAL BUILDING CODE, 2019 EDITION; THE CALIFORNIA EXISTING
BUILDING CODE, 2019 EDITION; THE CALIFORNIA REFERENCED STANDARDS
CODE, 2019 EDITION; THE UNIFORM HOUSING CODE, 1997 EDITION; THE
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997
EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018
EDITION; WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS.
RESOLUTION NO. 19-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE CITY-WIDE COMPREHENSIVE SCHEDULE OF FEES TO
REMOVE TUSTIN TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM
FEES.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Council October 15, 2019
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City Manager Matthew S. West
Announced that staff has been taking security measures around the North Hangar; there
will be heavy activity in that area on October 16th to locate and remove trespassers.
Wished Council Member Cooper a Happy Birthday.
City Attorney David E. Kendig
Wished Council Member Cooper a Happy Birthday.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Cooper
No report for the meeting.
Council Member Lumbard
Reserved comments for next City Council meeting.
Council Member Clark
Thanked everyone who participated in the Girls in Government Summit on October 4, 2019
at the Clifton C. Miller Community Center; thanked Mayor Puckett and City Manager
Matthew S. West for stopping by and showing their support; thanked Police Support
Services Manager Thao Nguyen, Police Sergeant Sarah Fetterling Parks and Recreation
Supervisor Marilyn Buescher, Public Works Manager Stacey Cuevas, Management
Assistant Janine Hernandez, and Director of Community Development Elizabeth Binsack
for serving as round table moderators and speakers at the Summit; keynote speaker was
Laguna Niguel City Manager Tamara Letourneau; thanked Executive Coordinator Regina
Blankenhorn and Executive Assistant Crystal Luna for their hard work with planning the
event.
Wished Council Member Cooper a Happy Birthday.
Mayor Pro Tem Bernstein
Congratulated Council Member Clark on the success of the Girls in Government Summit;
congratulated city staff who participated with the event; would like to see a similar program
extended to male students interested in local government; would like to see the Girls in
Government Summit occur on a yearly basis.
Thanked the Parks and Recreation Department on a great Tiller Days event.
Wished Council Member Cooper a Happy Birthday.
City Council October 15, 2019
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Announced will be celebrating 32nd Wedding Anniversary. with wife Randi Bernstein on
October 18tH
Congratulated colleagues and city staff for being able to come to a decision in a respectable
manner on a sensitive project.
Mayor Puckett
October 3
o Attended the Southern California Association of Governments meeting.
o Spoke at a Boys Scout Troop meeting.
October 4
Attended the Girls in Government Summit; thanked Council Member Clark for a great event;
would like to see it occur every year.
October 5
Participated in the Tustin Tiller Days Parade.
October 8
Attended the Ribbon Cutting ceremony for Avid Bioservices; took a tour of the lab.
October 9
o Attended the Transportation Corridor Agencies Executive Board meeting.
o Attended the Tustin Chamber of Commerce Monthly Luncheon; Tustin Unified
School District Superintendent Gregory A. Franklin, Ed.D. was the keynote speaker.
October 10
Attended the Transportation Corridor Agencies Board meeting.
October 11
o Attended the City of Fullerton's Prayer Breakfast.
o Attended the Mr. Tustin Pageant.
October 12
Celebrated daughter and son-in-law's 25th Wedding Anniversary.
October 13
Spoke at a Boys Scout Troop meeting.
(lrtnhar 1 d
Toured the new Tustin School Academy at Tustin Legacy, which is still under construction,
with City Manager Matthew S. West and Management Analyst Kenneth Piguee.
City Council October 15, 2019
Meeting Minutes Page 10 of 11
ADJOURNED at 9:57 p.m. The next meeting is scheduled on Tuesday, November 5, 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
City Council
Meeting Minutes
ERICA N. YASU A,
City Clerk
October 15, 2019
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