HomeMy WebLinkAboutCC MINUTES 11-05-19CITY OF TUSTIN REGULAR
NOVEMBER 5, 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 #2463 at 5:31 p.m.
ROLL CALL — City Clerk
Present: Mayor Charles E. Puckett, Mayor Pro Tem Dr. Allan Bernstein and
Council Members Barry W. Cooper and Austin Lumbard
Absent: Council Member Letitia Clark
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
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 November 5, 2019
Meeting Minutes Page 1 of 11
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-C U -P P -CJ C
4. LIABILITY CLAIMS— [Government Code § 54956.95]:(3 cases)
A. Claim No.19-32; Claim of Gail Weidner
B. Claim No.19-35; Claim of Jenny Larios
C. Claim No.19-38; Claim of Donald P. Driscoll on behalf of Mario Barragan
Recessed to Closed Session at 5:32 p.m.
Council Member Clark arrived at 5:36 p.m.
MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2463 at 7:01 p.m.
INVOCATION - Pastor Tony Wood, Mission Bible Church
PLEDGE OF ALLEGIANCE — Mayor Puckett
PRESENTATIONS —
Planning Commission Chairperson Steve Kozak presented a Commendation to Kimberly
Conroy in recognition of American Grub and Swinging Door.
Mayor Puckett presented a Proclamation to Jeffrey Vu in recognition of National Nurse
Practitioner Week.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council unanimously
denied Claim Nos. 19-32 and 19-35 and took no action on Claim No. 19-31. The Council
provided direction on the Wong cases listed as 3A and 3B on the Closed Session agenda.
City Council November 5, 2019
Meeting Minutes Page 2 of 11
Other than that, there was no reportable action.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Meg Gullo, Public Art Committtee Member
2. Brian Lochrie, Transportation Corridor Agencies Representative
CONSENT CALENDAR ITEMS 1-10 — It was moved by Mayor Pro Tem Bernstein and
seconded by Council Member Clark to pull Item No. 6 and move 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 OCTOBER 15, 2019.
Motion: That the City Council approve the Action Minutes of the Regular Meeting of
the City Council held on October 15, 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 amounts of
$868,666.42 and $880,730.48; and Demands in the amount of $4,649,677.74.
4. AWARD CONTRACT FOR BUSINESS LICENSE SOFTWARE REPLACEMENT
Staff requests that the City Council award the contract to HdL Software, LLC. for a
new Business License software solution. The Business License software solution
replacement is initiative #14 of the 5 -year IT Application Plan.
Motion: It is recommended that the City Council award the contract to HdL Software,
LLC. for the Business License software solution replacement and authorize the City
Manager to execute the contract documents on behalf of the City.
City Council November 5, 2019
Meeting Minutes Page 3 of 11
5. FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT
WITH LOS ANGELES SMSA LIMITED PARTNERSHIP, DBA VERIZON
WIRELESS, FOR EXISTING WIRELESS FACILITIES AT TUSTIN SPORTS PARK
(12850 ROBINSON DRIVE)
First Amendment to Communications Site License Agreement between the City of
Tustin and Los Angeles SMSA Limited Partnership, dba Verizon Wireless. The
Amendment would allow Verizon to make additional improvements to an existing
communications site as described in Exhibit 3-A of the attachment.
Motion: It is recommended that the City Council take the following actions:
1. Approve the attached First Amendment to Communications Site License
Agreement with Los Angeles SMSA Limited Partnership, dba Verizon
Wireless; and
2. Authorize the City Manager to execute this First Amendment.
6. TUSTIN CIVIC CENTER WALL MURAL PUBLIC ART PROJECT
At their October 16, 2019, Regular Meeting, the Community Services Commission
recommended to forward a wall mural concept selected by the Public Art Committee
for consideration by the City Council.
It was moved by Council Member Clark and seconded by Council Member Lumbard
to adopt Resolution 19-48 approving the wall mural design, submitted by artist Aaron
Glasson, to be painted on the seat wall at the Tustin Civic Center, outside the Clifton
C. Miller Community Center, and authorize the Parks and Recreation Department to
execute an agreement with the artist.
Motion carried: 5-0
RESOLUTION NO. 19-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA
APPROVING THE ARTWORK AS RECOMMENDED BY THE PUBLIC ART
COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION
DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE ARTIST
7. AUTHORIZATION TO PURCHASE AND INSTALL A PICNIC SHELTER AND TWO
(2) SHADE STRUCTURES FOR THE COLUMBUS TUSTIN PARK PICNIC
SHELTER AND SPORTS FIELD IMPROVEMENTS (CIP NO. 20080)
Staff is requesting authorization to contract with Icon Shelter Systems, Inc. for the _
purchase and installation of a picnic shelter and two bleacher shade structures at
Columbus Tustin Park (CIP No. 20080) utilizing the Houston -Galveston Area Council
(HGAC) Buy cooperative government purchasing program.
City Council November 5, 2019
Meeting Minutes Page 4 of 11
Motion: It is recommended that the City Council adopt Resolution 19-49, authorizing
the use of the Houston -Galveston Area Council (HGAC) Buy cooperative government
purchasing program (Contract # PR11-18) for the purchase and installation of a
picnic shelter and two bleacher shade structures at Columbus Tustin Park from Icon
Shelter Systems, Inc.
RESOLUTION NO. 19-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING THE USE OF THE HOUSTON-GALVESTON AREA COUNCIL
(HGAC) BUY COOPERATIVE PURCHASING PROGRAM TO CONTRACT FOR
THE PUCHASE AND INSTALLATION OF A PICNIC SHELTER AND TWO (2)
BLEACHER SHADE STRUCTURES AT COLUMBUS TUSTIN PARK (CIP NO.
20080 )
8. SERVICE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND
THE CITY OF TUSTIN REGARDING POTABLE WATER SERVICE FOR VARIOUS
PARCELS OF UNINCORPORATED REAL PROPERTY
The City of Santa Ana recently submitted an annexation application to the Orange
County Local Agency Formation Commission (OC LAFCO) for the "Reorganization
of the 17th Street and Tustin Unincorporated Island to the City of Santa Ana". Water
service to the unincorporated County area is currently provided by the City of Tustin
and it is recommended the City of Tustin continue to provide water service to this
area after the proposed annexation. The proposed Service Agreement provides the
legal framework for the City of Tustin to continue providing potable water service to
this area.
Motion: It is recommended that the City Council approve the Service Agreement by
and between the City of Santa Ana and the City of Tustin regarding Potable Water
Service for Various Parcels of Unincorporated Real Property, authorizing the City
Manager and City Clerk to execute the agreement on behalf of the City.
9. AGREEMENT WITH THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY
FOR SHARING CONSULTANT SERVICES TO PERFORM THE AMERICAN
WATER INFRASTRUCTURE ASSESSMENT
The American Water Infrastructure Act (AWIA) requires all drinking water utilities to
conduct a Risk and Resilience Assessment of their community water systems and
develop a corresponding Emergency Response Plan. All drinking water utilities with
greater than 3,000 customers, must complete these efforts and self -certify their
compliance with the U.S. Environmental Protection Agency. The Municipal Water
District of Orange County is making available a cost-sharing agreement to all Orange
County water agencies for the completion of the Risk and Resilience Assessment
and Emergency Response Plan.
Motion: It is recommended that the City Council:
City Council November 5, 2019
Meeting Minutes Page 5 of 11
1. Approve Agreement with the Municipal Water District of Orange County for _
sharing consultant costs for 2019 AWIA compliance risk and resiliency
assessments and emergency response plans for participating agencies
(phases II and III), and authorize the City Manager to execute the agreement
on behalf of the City; and
2. Appropriate $120,000 from the Water Enterprise Fund (Fund 300).
10. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE CITRUS RANCH PARK PICNIC
SHELTER (CIP NO. 20081)
The Citrus Ranch Park Picnic Shelter 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. 19-50 accepting the Citrus Ranch Park Picnic Shelter
(CIP No. 20081), and
2. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's office.
RESOLUTION NO. 19-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA
ACCEPTING THE WORKS OF CONSTRUCTION AND AUTHORIZING THE
RECORDATION OF THE NOTICE OF COMPLETION FOR THE CITRUS RANCH
PARK PICNIC SHELTER (CIP NO. 20081)
PUBLIC HEARING ITEM 11
11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1503 AND
ADOPTION OF RESOLUTION NO. 19-45
Ordinance No. 1503 will adopt the 2019 California Building Standards Code with
certain appendices, supplemental regulations and amendments to apply to all new
construction within the City of Tustin beginning January 1, 2020. Resolution No. 19-
45 has been prepared to identify and adopt the required findings supporting
subsequent City Council consideration and action on proposed Ordinance No. 1503.
Public hearing opened at 7:23 p.m.
Public hearing closed at 7:23 p.m. with no public input
It was moved by Mayor Pro Tem Bernstein and seconded by Council Member
Lumbard to:
City Council November 5, 2019
Meeting Minutes Page 6 of 11
1. Adopt Resolution No. 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; and
2. Have second reading by title only and adoption of Ordinance No. 1503.
Motion carried: 5-0
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. 19-45
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
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Cooper
October 19
Attended the 12th Annual Art Walk and Craft Crawl in Old Town.
October 24
Attended the Cybersecurity Awareness in Cloud Computing at the Irvine Marriot Hotel,
sponsored by the Community Associations Institute of Orange County.
City Council November 5, 2019
Meeting Minutes Page 7 of 11
October 26
Attended the University of Nevada, Las Vegas vs San Diego State football game; had
opportunity to be on the field for the coin toss; three Tustin High School alumni, Bo Bell,
Zach Bell, and B.J Bell were honored at the game; was amazing to be part of the event;
congratulated the Bell brothers.
October 27
Attended the 5th Annual Tustin Chamber of Commerce Food and Wine Festival at the
Hangar; was an amazing event.
October 30
Attended the Moffett Bridge Ribbon Cutting Ceremony; well attended event.
Nnvamhar 9
Attended the South Coast Area Boys and Girls Club Gala Fundraiser at the Marriot Hotel in
Dana Point.
November 3
Attended the Tustin Public Schools Foundation 29th Annual Dinosaur Dash event; over
7,500 participants; thanked all the volunteers who worked the event.
Council Member Lumbard
Thanked all City Commissioners who work hard and make tough decisions throughout the
year; their work does not go unnoticed; was excited to see the authorization to install a
picnic structure and two (2) shade structures at Columbus Tustin Park come to fruition from
the annual Community Services Commissioners park tour.
Thanked the Public Works staff and all the contractors for their hard work with the Moffett
Bridge project; is a beautiful bridge and a much-needed thoroughfare for the Tustin
community.
Thanked the Tustin Community Foundation, Tustin Chamber of Commerce, and Tustin
Public Schools Foundation for everything they do for all the events they put on throughout
the year.
Council Member Clark
C)rtnhar 17
o Attended the League of California Cities Annual Conference in Long Beach.
o Led the Pledge of Allegiance and offered greetings for the National Association of
Hispanic Real Estate Professionals for their annual meeting at the Tustin Community
Center at the Market Place.
October 23
Attended the Orange County Business Council Workforce Development Conference;
City Council November 5, 2019
Meeting Minutes Page 8 of 11
discussed upscaling to address automation and artificial intelligence; was a very interesting
discussion.
October 24
o Attended the Orange County Library Advisory Committee meeting; announced
Literary Orange, which is a conference for writers and aspiring writers, will occur on
April 24, 2020 at the Newport Beach Marriott Hotel.
o Attended the Orange County Fire Authority Board meeting.
October 25
Volunteered at the PADRE Foundation, Harvest Festival at Fairmont Private School.
October 30
Attended the Tustin Moffett Bridge Ribbon Cutting Ceremony; congratulated
Communications Manager, Stephanie Najera for putting on a great event; congratulated
Director of Public Works, Douglas S. Stack and his staff for their hard work with the design
and construction of the Moffett Bridge.
Novemher 4
Attended and participated in the Tustin Public Schools Foundation 29th Annual Dinosaur
Dash event; kicked off the Dino Dash 10k; was very happy to attend the event.
October 27
Attended the 5th Annual Tustin Chamber of Commerce Food and Wine Festival at the
Hangar; was an amazing event.
Thanked all the Tustin volunteers who support and give their time to the Tustin Community.
Mayor Pro Tem Bernstein
October 23
Attended the Orange County Sanitation District Board meeting.
Octnher 25
Attended the Orange County Sanitation District (OCSD), State of the District Breakfast;
congratulated OCSD on the many awards they have received throughout the year; thanked
OCSD for being a top organization in Orange County; encouraged everyone to visit the
OCSD website at www.ocsd.com.
Octnher 27
Attended the 5th Annual Tustin Chamber of Commerce Food and Wine Festival at the
Hangar; was an amazing event; over 2,000 people attended the event; congratulated Tustin
Chamber of Commerce Vice Chairman, Lindburgh McPherson for coordinating the event.
October 30
Attended the Moffett Bridge Ribbon Cutting Ceremony; thanked Communications Manager,
Stephanie Najera for putting on a great event; congratulated Director of Public Works,
City Council November 5, 2019
Meeting Minutes Page 9 of 11
Douglas S. Stack and his staff for their hard work with the design and construction of the
Moffett Bridge.
November 1
Attended the Tustin Police Officers Association Casino Night Fundraiser.
November 4
Attended and participated in the Tustin Public Schools Foundation 29th Annual Dinosaur
Dash event.
Congratulated the Public Art Committee for beautifying Tustin with public art throughout the
community.
Announced applications for the 2020 Citizen Academy will be available in December.
Mayor Puckett
Welcomed the Boy Scouts who were attending the City Council meeting.
October 16-18
Attended the League of California Cities Annual Conference in Long Beach.
October 19
o Attended the 12th Annual Tustin Art Walk and Craft Crawl in Old Town Tustin.
o Attended the Walleye Festival at the Great Park in Irvine.
October 23
Attended the Tustin Boys and Girls Club Endowment Board meeting.
October 24
o Attended the Orange County Council of Governments Board meeting.
o Attended the Transportation Corridor Agencies Board meeting.
October 25
Attended the Orange County Sanitation District, State of the District Breakfast.
October 27
Attended the 5th Annual Tustin Chamber of Commerce Food and Wine Festival at the
Hangar.
October 29
Attended the Woodruff, Spradlin, and Smart Open House.
October 30
Attended the Tustin Moffett Bridge Ribbon Cutting Ceremony; great addition to Tustin.
City Council November 5, 2019
Meeting Minutes Page 10 of 11
November 4
Attended the Tustin Public Schools Foundation 29th Annual Dinosaur Dash event; had the
honor of starting the 8:15 a.m. race.
Mayor Pro Tem Bernstein
Thanked Planning Commissioner Chairperson Stephen Kozak for attending the City Council
meeting.
Mayor Puckett
Thanked the Tustin Public Schools Foundation, for a great Dinosaur Dash event; gets
bigger and better every year.
ADJOURNED at 7:41 p.m. The next meeting is scheduled on Tuesday, November 19, 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.
ee;;4-7, - J",
CHARLES E. PUCKETT,
Mayor
'1* 0 d jjj,
ERICA N. YAS149A,
City Clerk
City Council November 5, 2019
Meeting Minutes Page 11 of 11