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Home My WebLink AboutCC MINUTES 12-03-19CITY OF TUSTIN REGULAR DECEMBER 3, 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 #2465 at 5:33 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; PUBLIC INPUT — None Matthew S. West, City Manager CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to discuss Items 1-5 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 City Council December 3, 2019 Meeting Minutes Page 1 of 10 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. LIABILITY CLAIMS —[Government Code § 54956.95]:(3 cases) A. Claim No. 19-23, Claim of Ramoncito Damazo B. Claim No. 19-33, Claim of Hannah Phui C. Claim No. 19-37, Claim of Lisa Ballentine 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (2 cases) A. Property Address/Description 430-271-81 portions of 430-271-78, 80, 82, 84, 92, 93, and portions of 430-371-41, 42, 43, 44, 45, 46, 48, 51, 54, 73, 74, 76, 77 Agency City of Tustin City Negotiators Matthew S. West, City Manager & John Buchanan, Director of Economic Development Negotiating Parties Brookfield Homes Southern California, LLC. Under Negotiation Price and Terms of Payment B. Property Address/Description 1941 EI Camino Real, APN: 500-071-12 Agency City of Tustin City Negotiators Matthew S. West, City Manager; Jerry Craig, Deputy Director of Economic Development Negotiating Parties Family Promise of Orange County, Melody Mosley - President Under Negotiation Price and Terms of Payment Recessed at 5:33 p.m. Council Member Clark arrived at 5:40 p.m. MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL AND TUSTIN HOUSING AUTHORITY City Council December 3, 2019 Meeting Minutes Page 2 of 10 7:00 P.M. CALL TO ORDER — Meeting #2465 at 7:04 p.m. INVOCATION — Deacon Isaiah Leslie, Church of Christ PLEDGE OF ALLEGIANCE — Council Member Lumbard PRESENTATIONS — Mayor Puckett presented a Proclamation to Police Services Officer David Maher in recognition of 20 Years of Service and Retirement. Mayor Puckett presented his 2019 Accomplishments. CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council unanimously rejected Claims 19-23, 19-33, and 19-37 submitted by Romancito Damazo, Hannah Phui and Lisa Ballantine, respectively. Other than that, the Council took no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — 1. Darlene Savord 2. Lynda Chavarela 3. Dale Geurts 4. Anne Lee 5. Bill Stohler 6. Denise Berg 7. Srinivas Sampige 8. Kaye Witte 9. Doug Davert 10. Albert Henna CONSENT CALENDAR ITEMS 1-9 — 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 City Council December 3, 2019 Meeting Minutes Page 3 of 10 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 19, 2019. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on November 19, 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 $844,067.67; and Demands in the amount of $4,164,736.75. 4. EXTENDING THE TERM OF THE PROJECT POSITION OF BUILDING PERMIT TECHNICIAN Adoption of the attached Resolution will extend the term of the project position of Building Permit Technician by five (5) years. Motion: Adopt Resolution No. 19-62 to extend the term of the project position of Building Permit Technician by five (5) years. RESOLUTION NO. 19-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE TERM OF THE PROJECT POSITION OF BUILDING PERMIT TECHNICIAN 5. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer/traffic impact fees, and funds expended by the City, which satisfy the Maintenance of Effort (MOE). The Orange County Transportation Authority (OCTA) established the MOE benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds; the City's required MOE expenditure is $1,455,691. Motion: It is recommended that the Tustin City Council Adopt Resolution No. 19-60, City Council December 3, 2019 Meeting Minutes Page 4 of 10 adopting the Measure M2 Expenditure Report for Fiscal Year 2018-2019 (attached), and direct staff to file the report with the Orange County Transportation Authority. RESOLUTION NO. 19-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF TUSTIN, CALIFORNIA 6. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 130 MOUNTAIN VIEW DRIVE The Mills Act is State legislation that provides for reduced property taxes on a historic property if the property owner agrees to maintain and preserve the property for a minimum of ten (10) years. On June 16, 1997, the City Council authorized the implementation of a Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft historic property preservation agreement for the property located at 130 Mountain View Drive. Owners: Tyler Beck and Rachel Ashley DeOcampo Location: 130 Mountain View Drive Motion: That the City Council adopt Resolution No. 19-51 authorizing the execution _ of a Historic Property Preservation Agreement (Mills Act Contract) with Mr. Beck and Ms. DeOcampo, the owners of the property located at 130 Mountain View Drive. RESOLUTION NO. 19-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 130 MOUNTAIN VIEW DRIVE, TUSTIN, CALIFORNIA 7. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 150 PACIFIC STREET The Mills Act is State legislation that provides for reduced property taxes on an eligible historic property if the property owner agrees to maintain and preserve the property for a minimum of ten (10) years. On June 16, 1997, the City Council authorized the implementation of the Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft historic property preservation agreement for the property located at 150 Pacific Street. Owners: Paul Cox and Nilla Gelius Location: 150 Pacific Street City Council December 3, 2019 Meeting Minutes Page 5 of 10 Motion: That the City Council adopt Resolution No. 19-52 authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with Mr. Cox and Ms. Gelius, the owners of the property located at 150 Pacific Street. RESOLUTION NO. 19-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 150 PACIFIC STREET, TUSTIN, CALIFORNIA. 8. HISTORIC RESOURCES SURVEY UPDATE On March 26, 2019, the Planning Commission, as Historic and Cultural Resources Advisor, approved a Work Program for 2019. The Work Program included an update of the City's Historic Resources Survey (Survey), last prepared in 2003. On June 5, 2018, the City Council adopted Resolution 18-40 which appropriated funding to the Community Development Department to update the Survey. On May 2, 2019, the Community Development Department released an RFP to qualified professionals to update the Survey. During the months of August and September 2019, staff conducted interviews with each of the five (5) consultants who responded to the RFP, with a second interview and contract offered to and accepted by Architectural Resources Group. On November 12, 2019, the Planning Commission, as Historic and Cultural Resources Advisor, received a project overview presentation by Planning staff and Architectural Resources Group. Motion: That the City Council receive and file the report. 9. HOUSING SUCCESSOR AGENCY ANNUAL REPORT FOR FISCAL YEAR 2018- 2019 In accordance with Senate Bill 341's amendments to Health & Safety Code Section ("HSC") 34176.1(f), the Tustin Housing Authority, serving as the Housing Successor Agency to the former Tustin Community Redevelopment Agency, has prepared an annual report for filing with the Tustin Housing Authority Commission and the Tustin City Council. Recommendation: It is recommended the Tustin Housing Authority Commissioners take the following actions - City Council December 3, 2019 Meeting Minutes Page 6 of 10 • Receive and file the Housing Successor Agency Annual Report for Fiscal Year ("FY") 2018-2019 and transmit such report to the Tustin City Council. It is recommended the City Council take the following actions: • Receive and file the Housing Successor's Annual Report for FY 2018-2019. • Direct that a copy of the Housing Successor Agency Annual Report be posted on the City of Tustin's website at www.tustinca.org PUBLIC HEARING ITEM 10 10. DEVELOPMENT AGREEMENT 2019-00001, TENTATIVE TRACT MAP 19103, DESIGN REVIEW 2019-00009 The project is a request to construct 400 residential condominium units, a community recreation facility, open space areas, and other neighborhood amenities. The site is located within Planning Areas 8, 13, and 14 (Neighborhood D) of the Tustin Legacy Specific Plan and is generally bounded by future Airship Avenue to the north, Street 'D' to the east, Alley Grove Promenade to the south, and Street 'B' to the west. The proposed project requires approval of Development Agreement (DA) 2019-00001, Tentative Tract Map (TTM) 19103, and Design Review (DR) 2019-00009. On November 12, 2019, the Planning Commission adopted Resolution No. 4395 recommending that the City Council approve the proposed project. Applicant: Brookfield Homes Southern California LLC Associate Planner Samantha Beier provided a PowerPoint presentation. Public hearing opened at 7:56 p.m. Public hearing closed at 7:56 p.m. with no public input It was moved by Council Member Clark and seconded by Mayor Puckett to: Introduce and have first reading by title only of Ordinance No. 1504 for DA 2019-00001 to facilitate the development and conveyance of an approximate 25.4 -acre site within the boundaries of the Tustin Legacy Specific Plan and set the second reading of the ordinance for the next City Council meeting. 2. Adopt Resolution No. 19-54 approving TTM 19103 and DR 2019-00009 to subdivide an approximate 25.4 -acre site into seventy-three (73) numbered lots and ten (10) lettered lots for the development of 400 residential condominium units, a community recreation facility, open space areas, and other neighborhood amenities. Motion carried: 5-0 City Council December 3, 2019 Meeting Minutes Page 7 of 10 ORDINANCE NO. 1504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2019-00001 BETWEEN THE CITY OF TUSTIN AND THE BROOKFIELD RESIDENTIAL TO FACILITATE THE DEVELOPMENT OF 400 HOMES WITHIN NEIGHBORHOOD D OF THE TUSTIN LEGACY SPECIFIC PLAN. RESOLUTION NO. 19-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 19103 AND DESIGN REVIEW 2019-00009 FOR THE DEVELOPMENT OF 400 RESIDENTIAL CONDOMINIUM UNITS ON LOTS 2 and 5-10 OF TRACT 18197 WITHIN PLANNING AREA 8,13 and 14 OF NEIGHBORHOOD D OF THE TUSTIN LEGACY SPECIFIC PLAN. REGULAR BUSINESS ITEM 11 11. MAYOR AND MAYOR PRO TEM SELECTION The City Council selects those members of the Council who will serve as Mayor and Mayor Pro Tem for the following year. Council Member Clark nominated Mayor Pro Tem Bernstein to serve as Mayor. The nomination was seconded by Council Member Lumbard. Motion carried: 5-0 Mayor Bernstein nominated Council Member Clark to serve as Mayor Pro Tem. The nonmination was seconded by Council Member Lumbard. Motion carried: 5-0 OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY City Manager Matthew S. West Thanked staff for their hard work on the Brookfield project, as well as the development partners of the project; great staff within the Tustin organization doing great work. Shared that being in a new position as City Manager this past year has been a great year working with former Mayor Puckett and the entire City Council; congratulated Mayor _ Bernstein and Mayor Pro Tem Clark on their new positions; looking forward to the upcoming 2020 year. City Council December 3, 2019 Meeting Minutes Page 8 of 10 COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper No report. Council Member Lumbard Congratulated former Mayor Puckett on a great year; congratulated Mayor Bernstein and Mayor Pro Tem Clark on their new City Council positions. Council Member Puckett Deferred comments until next meeting; congratulated Mayor Bernstein and Mayor Pro Tem Clark on their new City Council positions. Mayor Pro Tem Clark Announced how great this past year has been; a lot of work has been accomplished this year, could not have been done without city staff and the support of the Tustin community. November 21 Attended the Tustin Mayor's Thanksgiving Breakfast; thanked the Tustin Community Foundation for hosting such a great event; the keynote speaker was amazing. Thanked Tustin Dollars for Scholars for recognizing her with a Community Service Award; is very thankful to the organization. Requested to have responses to public comment put on the agenda. Mayor Bernstein Announced will follow-up with city staff regarding Mayor Pro Tem Clark's request. November 21 Attended the Tustin Mayor's Thanksgiving Breakfast; was a wonderful event. Announced the Tustin Christmas Tree Lighting event is scheduled for Friday, December 6, 2019 at the Tustin City Hall Courtyard; invited everyone to attend. Announced the Tustin Hanukkah celebration will be held on Sunday, December 22, 2019, the first night of Hanukkah; invited everyone to attend the Menorah lighting that night. ADJOURNED IN MEMORY OF MAYOR BERNSTEIN'S UNCLE MARV City Council December 3, 2019 Meeting Minutes Page 9 of 10 ADJOURNED at 8:07 p.m. The next meeting is scheduled on Tuesday, December 17, 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. L TITIA CLARK, Mayor Pro Tem ERICA N. YAS A, City Clerk City Council December 3, 2019 Meeting Minutes Page 10 of 10