HomeMy WebLinkAboutCC MINUTES 11-19-19CITY 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
NOVEMBER 19, 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
5:30 P.M.
CALL TO ORDER — Meeting #2464 at 5:35 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:
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—ANTICIPATED LITIGATION -Initiation
City Council November 19, 2019
Meeting Minutes Page 1 of 12
of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
A. Appointment of Receiver Regarding 1042 San Juan Street, Tustin; Owner: The
Kiba Residences, LLC
4. 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
Recessed at 5:35 p.m.
Council Member Clark arrived at 5:35 p.m.
MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2464 at 7:05 p.m.
INVOCATION - Fr. Bao, St. Cecilia Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Bernstein
PRESENTATIONS —
Sandy Avzaradel, MS Ed., Project Director provided a PowerPoint presentation on Early
Childhood OC.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council
unanimously authorized the filing of a civil action to seek appointment of a health and safety
receiver to take control of the property at 1042 San Juan Street to remedy Code
Enforcement violations. Other than that, there was no reportable action.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Bobby McDonald, Orange County Veterans Advisory Council
City Council November 19, 2019
Meeting Minutes Page 2 of 12
2. Srinivas Sampige
3. Raj Dadlani
4. Rajiv Iyer
5. Asher Sharoni
6. Gopal Murugesan
7. Kris Iyer
8. Anne Lee
9. Dale Geurts
10. Denise Berg
11. Charlie Mazza
12. Rebecca Gomez
13. Bill Strohler
Recessed at 7:54 p.m.
Reconvened at 7:59 pm.
CONSENT CALENDAR ITEMS 1-11 — It was moved by Mayor Pro Tem Bernstein and
seconded by Council Member Clark to pull Item No. 11 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 NOVEMBER 5, 2019.
Motion: That the City Council approve the Action Minutes of the Regular Meeting of
the City Council held on November 5, 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
$876,411.08; and Demands in the amount of $4,388,642.08.
4. CANCELLATION OF THE JANUARY 7, 2020 CITY COUNCIL MEETING
City Council November 19, 2019
Meeting Minutes Page 3 of 12
Due to a lack of quorum, staff recommends cancellation of the January 7, 2020, City
Council meeting.
Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly
scheduled Council meeting on January 7, 2020. The City Council hereby waives
notice of said meeting as required by Government Code §54954.
5. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY
Government Code Section 53646 requires that the Treasurer make an Investment
Report to the City Council at least quarterly showing balances by authorized
investment and certifying its compliance with the adopted Investment Policy.
Motion: Receive and file.
6. APPOINTMENT TO FILL VACANCY IN BOARD OF DIRECTORS OF THE TUSTIN
AREA SENIOR CENTER FUND, INC.
Per the Tustin Area Senior Center Fund, Inc. by-laws, City Council action is required
to fill a vacancy on the fund's Board of Directors. Due to the resignation of Don
Ropele, a vacancy currently exists and staff is recommending Mr. Ken Higman to fill
this opening.
Recommendation: It is recommended that the City Council appoint Mr. Ken
Higman, an active community volunteer, to the Board of Directors of the Tustin Area
Senior Center Fund, Inc.
7. DECLARATION OF SURPLUS PROPERTY
The City has accumulated a quantity of obsolete and/or damaged computer monitors
that are no longer usable or required for public use.
Motion: That the City Council:
1. Declare the listed equipment surplus and not required for public use; and
2. Authorize staff to sell/have auctioned serviceable equipment of value and
dispose of assets beyond repair.
8. ADOPT RESOLUTION NO. 19-53 TO APPROVE THE SUBMITTAL OF REGIONAL
TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) PROJECT
APPLICATION FOR THE TUSTIN AVENUE/STREET AND ROSE DRIVE
CORRIDOR TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR
RED HILL AVENUE
City Council November 19, 2019
Meeting Minutes Page 4 of 12
City Council adoption of Resolution No. 19-53 will approve the submittal of an
application prepared by the City of Orange for the Tustin Avenue/Street and Rose
Drive Traffic Signal Synchronization Project to the Orange County Transportation
Authority (OCTA). Participation by all agencies maintaining traffic signals along this
corridor, which also includes the Cities of Santa Ana, Anaheim, Placentia, Yorba
Linda and Caltrans, is needed for approval of the project application under the 2020
Call for Projects for the Competitive Measure M2 Traffic Signal Synchronization
Program (Project P). Within the City of Tustin the project would include existing traffic
signals on Tustin Avenue at First Street as well as Yorba Street at Irvine Boulevard.
Because of the proximity and the key role it has on traffic flow along Tustin Avenue
specifically at the Santa Ana intersection of Tustin Avenue and Fourth Street, the
Fourth Street/Irvine Boulevard interchange with SR -55 Freeway has been identified
as part of the project. The intersection of Yorba Street at Irvine Boulevard in the City
of Tustin due to its proximity to the interchange has also been included in the
application.
Motion: It is recommended that the City Council adopt Resolution No. 19-53
approving the submittal of the application to the Orange County Transportation
Authority for the 2020 Call for Projects for the Renewed Measure M Regional Traffic
Signal Synchronization Program (Project P) in the funding of the Tustin
Avenue/Street and Rose Drive Traffic Signal Synchronization Project.
RESOLUTION NO. 19-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING THE SUBMITTAL OF APPLICATION FOR THE TUSTIN
AVENUE/STREET AND ROSE DRIVE TRAFFIC SIGNAL SYNCHRONIZATION
PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR
FUNDING UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRAFFIC
SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P)
9. APPROVE QUITCLAIM OF WATER EASEMENTS OVER SCHOOLSFIRST
PROPERTY
Development of a new corporate headquarters office building, credit union branch
building, and parking structure at the SchoolsFirst Federal Credit Union
(SchoolsFirst) campus will include installation of new domestic water, irrigation, and
fire services to the property. Two existing easements over the property held by the
City of Tustin for water purposes are superseded by newly granted easements and
can be quitclaimed.
Motion: It is recommended that the City Council:
1. Approve the quitclaim to SchoolsFirst Federal Credit Union of a non-exclusive
easement for water main purposes, dated January 23, 1984 and recorded
February 01, 1984 as Instrument No. 84-045990 in the Official Records of the
Office of the County Recorder of Orange County, State of California and
City Council November 19, 2019
Meeting Minutes Page 5 of 12
authorize the Mayor and City Clerk to execute the document on behalf of the
City; and
2. Approve the quitclaim to SchoolsFirst Federal Credit Union of a perpetual
easement for detector check purposes, dated January 19, 1988 and recorded
February 01, 1988 as Instrument No. 88-046685 in the Official Records of the
Office of the County Recorder of Orange County, State of California and
authorize the Mayor and City Clerk to execute the document on behalf of the
City.
10. APPROPRIATE SUPPLEMENTAL FUNDING FOR THE NEWPORT AVENUE /
SCHOOLSFIRST TRAFFIC SIGNAL INSTALLATION PROJECT, CIP NO. 40092,
AND THE DEL AMO AVENUE / NEWPORT AVENUE IMPROVEMENTS
PROJECT, CIP NO. 70249
Staff is requesting supplemental appropriations from the unappropriated reserves of
the Gas Tax Fund (Fund 130) for the Newport Avenue / SchoolsFirst Traffic Signal
Project, CIP No. 40092, and the Del Amo Avenue / Newport Avenue Improvements
Project, CIP No. 70249.
Motion: It is recommended that the City Council:
Appropriate $150,000 from the unappropriated reserves of the Gas Tax Fund
(Fund 130) for the Newport Avenue / SchoolsFirst Traffic Signal Installation
Project, CIP No. 40092; and
2. Appropriate $1,350,000 from the unappropriated reserves of the Gas Tax
Fund (Fund 130) for the Del Amo Avenue / Newport Avenue Improvements
Project, CIP No. 70249.
11. RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN
CONNECTION WITH THE PROPOSED ISSUANCE OF BONDS TO REFUND THE
OUTSTANDING TUSTIN PUBLIC FINANCING AUTHORITY (ORANGE COUNTY,
CALIFORNIA) 2013 WATER REVENUE BONDS, CONFIRMING THE
APPOINTMENT OF PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN
OTHER ACTIONS IN CONNECTION THEREWITH
Approval by the City of Tustin ("City") is requested to authorize the initiation of
proceedings to refinance the 2013 Water Revenue Bonds (the "2013 Bonds") to take
advantage of lower interest rates to reduce the annual debt service payments.
It was moved by Council Member Lumbard and seconded by Mayor Pro Tem
Bernstein to adopt City Council Resolution 19-55 entitled: Resolution authorizing the
commencement of proceedings in connection with the proposed issuance of bonds
to refund the outstanding Tustin Public Financing Authority (Orange County,
California) 2013 Water Revenue Bonds, confirming the appointment of professional
services and authorizing certain other actions in connection therewith.
City Council November 19, 2019
Meeting Minutes Page 6 of 12
Motion carried: 5-0
RESOLUTION NO. 19-55
RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN
CONNECTION WITH THE PROPOSED ISSUANCE OF BONDS TO REFUND THE
OUTSTANDING TUSTIN PUBLIC FINANCING AUTHORITY (ORANGE COUNTY,
CALIFORNIA) 2013 WATER REVENUE BONDS, CONFIRMING THE
APPOINTMENT OF PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN
OTHER ACTIONS IN CONNECTION THEREWITH
REGULAR BUSINESS ITEMS 12-13
12. REGIONAL HOUSING NEEDS ASSESSMENT ALLOCATION
PowerPoint presentation by Principal Planner Scott Reekstin.
California State housing law requires that each city and county plan for existing and
future housing needs. The Regional Housing Needs Assessment (RHNA) is the
process that prescribes the housing need for each jurisdiction. The California
Department of Housing and Community Development (HCD) is the agency that
makes the final regional RHNA determination, and the Southern California
Association of Governments (SCAG) is the regional agency responsible for the
development of the RHNA allocation methodology and the distribution of the RHNA
allocation among the jurisdictions in six (6) Southern California counties, including
Orange County. On November 7, 2019, the SCAG Regional Council approved a
substitute motion for a draft modified RHNA allocation methodology that results in a
RHNA allocation for Tustin of about 9,493 housing units.
It was moved by Mayor Pro Tem Bernstein and seconded by Council Member Clark
to authorize the Mayor to send a letter to HCD objecting to the City's disproportionate
RHNA allocation and receive and file the report.
Motion carried: 5-0
13. CALLING AND CONSOLIDATION OF NOVEMBER 3, 2020 MUNICIPAL
ELECTION, AND SUBMITTAL TO THE VOTERS OF A PROPOSED MEASURE
REGARDING LIMITED COUNCIL COMPENSATION
City Attorney David E. Kendig provided a PowerPoint presentation.
If approved, this agenda item: (1) will call the City's General Municipal Election on
November 3, 2020 and request the County to consolidate it with the Statewide
General Election on the same date, and (2) approve submittal to the voters of a ballot
question relating to changes in the Tustin City Code regarding limited Council
compensation.
City Council November 19, 2019
Meeting Minutes Page 7 of 12
It was moved by Mayor Pro Tem Bernstein and seconded by Mayor Puckett to:
1. Adopt Resolution 19-56 ordering, calling, and giving notice of a General
Municipal Election in the City of Tustin on November 3, 2020, and requesting
the Board of Supervisors consolidate the election with the State's General
Election (Attachment A);
2. Adopt Resolution 19-57 giving notice for the submittal to the voters of a ballot
question relating to changes in the Tustin City Code regarding limited Council
compensation (Attachment B);
3. Adopt Resolution 19-58 authorizing submittal of written arguments for or
against the City Code amendment (Attachment C);
4. Adopt Resolution 19-59 to: (A) set forth the language of the ballot title for the
City Code amendment to be included on the ballot, (B) authorize the City
Attorney to prepare an impartial analysis for the proposed City Code
amendments to be submitted to the voters, and (C) approve guidelines for
preparation of arguments for or against the proposed City Code amendment,
fixing the date for submission of direct arguments and rebuttal arguments, and
posting the notice for the argument process in accordance with the California
State Elections Code; (Attachment D); and
5. Authorize staff to process all other documents to proceed with the General
Municipal Election and the proposed City Code amendments as set forth
above.
Motion carried: 5-0
RESOLUTION 19-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALLING FOR
AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN
THE CITY OF TUSTIN ON NOVEMBER 3, 2020, FOR ELECTION OF CERTAIN
OFFICERS AND ALL OTHER MEASURES AS PROPOSED OR AUTHORIZED BY
THE CITY COUNCIL, AND REQUESTING THE BOARD OF SUPERVISORS OF
ORANGE COUNTY TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION
WITH THE STATE'S GENERAL ELECTION
RESOLUTION 19-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN GIVING
NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF
TUSTIN ON NOVEMBER 3, 2020, FOR SUBMISSION TO THE VOTERS OF A
City Council November 19, 2019
Meeting Minutes Page 8 of 12
QUESTION RELATING TO THE AMENDMENT OF THE CITY CODE IN REGARD
TO LIMITED COUNCIL COMPENSATION
RESOLUTION 19-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AUTHORIZING WRITTEN ARGUMENTS FOR PROPOSED AMENDMENTS TO
THE TUSTIN CITY CODE
RESOLUTION NO. 19-59
A RESOLUTION OF THE CITY OF TUSTIN SETTING FORTH THE LANGUAGE OF
A BALLOT TITLE FOR A CITY CODE AMENDMENT REGARDING LIMITED
COUNCIL COMPENSATION TO BE INCLUDED ON THE BALLOT FOR THE 2020
GENERAL ELECTION, DIRECTING CITY ATTORNEY TO PREPARE IMPARTIAL
ANALYSIS, AND DIRECTING THE CITY CLERK TO ESTABLISH DEADLINES FOR
THE SUBMISSION OF ARGUMENTS AND REBUTTALS.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager Matthew S. West
Thanked the City Council, the Tustin community, and city staff for the ability to work with
everyone; Tustin is a great organization to work for.
Thanked Management Analyst Kenneth Piguee for taking the lead on the clean-up of the
85 acres buildings around the North hangar; thanked Police Lieutenant Stephanie Nichols,
Police Sergeant Sarah Fetterling, Field Services Manager Jason Churchill, City Attorney
David E. Kendig, and city staff who worked together this past summer on the project;
expressed gratitude for working with a great team; encouraged the community, if they see
any disruption at the base, to please contact the Tustin Police Department at (714) 573-
3225.
City Attorney David E. Kendig
Wished everyone a Happy Thanksgiving.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Cooper
November 10
Attended and celebrated the 244th United States Marine Corps Birthday Celebration at
Camp Pendleton; was honored to be invited and attend.
November 11
Attended the Veterans Day Dinner at the Santa Ana Elks Lodge; event was hosted by
City Council November 19, 2019
Meeting Minutes Page 9 of 12
President of the Orange County Rescue Mission, Jim Palmer; congratulated Police Services
Officer Steve Giddings for being voted Veterans Volunteer of the Year for the City of Tustin;
was a great event.
November 16
Attended the Asian Business Association of Orange County Business to Business Veterans
Gala in Yorba Linda; highlight was meeting a World War II Veteran; Vietnam Veteran Bobby
McDonald was also in attendance; was honored to be there.
November 17
Attended the American Flag Retirement Ceremony at the Orange County Fire Authority
(OCFA) facility; hosted by Orange County Supervisor Don Wagner; thanked OCFA Division
Chief Phil Johnson for a tour of the facility.
November 19
Toured the new Orange County Tax Accessors Office hosted by Orange County Tax
Accessor Claude Parrish; beautiful new building.
Council Member Lumbard
Wished son Wyatt James a very Happy 4th Birthday.
Council Member Clark
Thanked city staff and the Tustin community for everything they do; besides being a mother,
being a city council member has been a huge honor and expressed gratitude for being in
the position.
Mayor Pro Tem Bernstein
November 6
Attended the Orange County Sanitation District Operations Committee meeting.
November 11
Attended the Veterans Day Dinner at the Santa Ana Elks Lodge; event was hosted by
President of the Orange County Rescue Mission, Jim Palmer; congratulated Police Services
Officer Steve Giddings for being voted Veterans Volunteer of the Year for the City of Tustin.
November 8
Attended the Groundbreaking Ceremony for the Orange County Groundwater
Replenishment System Expansion project.
Announced that City Council members take each and every decision they make very
seriously; making decisions is not always an easy process; members try their best to make
the right decisions for the entire Tustin community.
Wished everyone a very Happy Thanksgiving.
City Council November 19, 2019
Meeting Minutes Page 10 of 12
Congratulated City Attorney David E. Kendig on his upcoming wedding.
Mayor Puckett
Congratulated City Attorney David E. Kendig on his upcoming wedding.
November 6
o Attended the City of Yorba Linda State of the City event at the Richard Nixon
Presidential Library and Museum.
o Attended the Transportation Corridor Agencies Executive Board meeting.
November 7
o Attended the Southern California Association of Governments Regional Council
meeting.
o Attended the Tustin High School Girls Volleyball CIF Championship game; first
championship title for the Girls Volleyball program.
November 11
Attended the Veterans Day Dinner at the Santa Ana Elks Lodge.
November 13
o Attended the Transportation Corridor Agencies meeting.
o Attended the Tustin Chamber of Commerce Luncheon; keynote speaker was City
Manager Matthew S. West who did an excellent job.
November 14
Attended the Transportation Corridor Agencies meeting.
November 16
Attended the Eagle Scout Court of Honor Ceremony at Red Hill Lutheran Church;
congratulated Caleb Stice, Colin Stice, and Leonardo Berta on receiving scouting's highest
honor of Eagle Scout.
Announced the Mayor's Prayer Breakfast as well as the Enderle Center Christmas
Celebration on Thursday, November 21, 2019.
Wished everyone a Happy Thanksgiving.
City Council November 19, 2019
Meeting Minutes Page 11 of 12
ADJOURNED IN MEMORY OF
WILLIAM "BILL" WOOLLETT, JR.
ADJOURNED at 8:55 p.m. The next meeting is scheduled on Tuesday, December 3, 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.
t/
CHARLES E. PUCKETT, ERICA N. YA , DA,
Mayor City Clerk
City Council November 19, 2019
Meeting Minutes Page 12 of 12