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Home My WebLink About02 CC MINUTES 01.21.20CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Letitia Clark, Mayor Pro Tem Charles E. Puckett, Council Member Barry W. Cooper, Council Member Austin Lumbard, Council Member Agenda Item 2 Reviewed: City Manager ENY Finance Director N/A JANUARY 21, 2020 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN lrr i Matthew S. West, City Manager/ Dr. Allan Bernstein, 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 #2467 at 5:30 p.m. ROLL CALL — City Clerk Present: Mayor Dr. Allan Bernstein and Council Members Charles E. Puckett, Barry W. Cooper and Austin Lumbard Absent: Mayor Pro Tem 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 City 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) City Council January 21, 2020 Meeting Minutes Page 1 of 9 3. 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 4. LIABILITY CLAIMS — [Government Code § 54956.95]: (6 cases) A. Claim No. 19-31, Claim of Armen Keuylian B. Claim No. 19-36, Claim of Haley Shoemaker and Kyle Cannady C. Claim No. 19-38, Claim of Driscoll & Omens OBO: Mario Barragan D. Claim No. 19-39, Claim of Katnik & Katnik Lawyers OBO: Ann Lambourne E. Claim No. 19-40, Claim of Anthony Arrocha F. Claim No. 19-42, Claim of Alvaro Lopez 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property Address/Description 430-391-19, 42, 43, 44, 45, 47, 50, 69 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 at 5:31 p.m. MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2467 at 7:00 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion PRESENTATIONS — Mayor Bernstein presented a Certificate of Recognition to the Tustin High School Women's Varsity Volleyball Team in honor of winning the CIF Southern Section Division V Finals. City Council January 21, 2020 Meeting Minutes Page 2 of 9 Orange County Registrar of Voters Operations Manager Justin Berardino provided a PowerPoint presentation on Vote Centers. Mayor Bernstein presented his 2020 Goals. CLOSED SESSION REPORT— City Attorney David E. Kendig: The City Council denied the following claims: Claim No. 19-31, Claim of Armen Keuylian, Claim No. 19-36, Claim of Haley Shoemaker and Kyle Cannady, Claim No. 19-38, Claim of Driscoll & Omens OBO: Mario Barragan, Claim No. 19-39, Claim of Katnik & Katnik Lawyers OBO: Ann Lambourne, Claim No. 19-40, Claim of Anthony Arrocha, and Claim No. 19-42, Claim of Alvaro Lopez. Other than that, there was no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — 1. Julio Tirado -Valencia 2. Jose Castanada CONSENT CALENDAR ITEMS 1-6 — It was moved by Council Member Puckett and seconded by Council Member Lumbard to approve the Consent Calendar as recommended by staff. Motion carried: 4-0 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 DECEMBER 17, 2019. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on December 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. Motion: It is recommended that the City Council approve Payroll in the amounts of City Council January 21, 2020 Meeting Minutes Page 3 of 9 $833,047.37 and $1,440,899.51; and Demands in the amount of $5,653,073.52. 4. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE TUSTIN-LEGACY NEIGHBORHOOD "D" SOUTH PHASE 1 INFRASTRUCTURE BACKBONE (CIP NO. 70246) AND NON -BACKBONE (CIP NO. 70250) CONSTRUCTION PROJECT The plans and specifications for the Tustin -Legacy Neighborhood "D" South Phase 1 Infrastructure Backbone (CIP No. 70246) and Non -Backbone (CIP No. 70250) Construction Project have been prepared and the project is ready to be bid. Motion: It is recommended that the City Council: Adopt Resolution No. 20-03 approving the plans and specifications for the Tustin -Legacy Neighborhood "D" South Phase 1 Infrastructure Backbone (CIP No. 70246) and Non -Backbone (CIP No. 70250) Construction Project; and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 20-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN-LEGACY NEIGHBORHOOD "D" SOUTH PHASE 1 INFRASTRUCTURE BACKBONE (CIP NO. 70246) AND NON -BACKBONE (CIP NO. 70250) CONSTRUCTION AND AUTHORIZING ADVERTISEMENT FOR BIDS 5. AMENDED RESOLUTION FOR SB 2 PLANNING GRANT FUNDING On October 15, 2019, the City Council adopted Resolution No. 19-42 associated with SB 2 Planning Grant funding. In November, 2019, the City's Community Development Department submitted the grant application with the State of California, Department of Housing and Community Development (HCD). Upon HCD's review of the submitted resolution with the grant application, HCD directed the City to amend its resolution to address a minor clarification related to grant signators and to be consistent with state protocol. Motion: That the City Council: Adopt Resolution No. 20-05 (Attachment A which is in redlined form for ease of reference) which provides for the State HCD's directed amendments. RESOLUTION NO. 20-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM FUNDS [AMENDMENT TO RESOLUTION NO. 19-42] 6. ADOPTION OF THE 2020 INVESTMENT POLICY City Council January 21, 2020 Meeting Minutes Page 4 of 9 The California Government Code provides guidelines for Cities to annually adopt their Investment Policy. The elected body and the Treasurer should review the existing Investment Policy at least annually and confirm its content at a public meeting and annually delegate authority to invest. Motion: Staff requests the City Council adopt the City of Tustin Investment Policy for calendar year 2020. PUBLIC HEARING ITEMS 7-8 7. ADOPTION OF RETAIL WATER RATES — PUBLIC HEARING RESOLUTION 20- 04 The City's consultant, Raftelis Financial Consultants, completed a cost of service analysis and developed a proposed water rate that will meet ongoing operational, maintenance, capital, and Bond Covenant requirements. As of the published date of this report, the City has received fifty-four (54) written protests to the proposed water rates. Raftelis Financial Consultants Representative Habib Isaac provided a PowerPoint presentation. Public hearing opened at 7:59 p.m. 1. Brenda Nimoto 2. David Diaz 3. Jim Lizzi 4. Jerry Diaz 5. Ian Morgan 6. Tracy Scott 7. Jen Kohl 8. Joanne Shelly 9. Jon Katzenstein Public hearing closed at 8:23 p.m. At the close of the public hearing, 67 (sixty-seven) protests were submitted. It was moved by Council Member Puckett and seconded by Council Member Cooper to adopt Resolution No. 20-04 approving the proposed water rates for fiscal year 2019-2020 through fiscal year 2023-2024 with effective dates of February 1, 2020; January 1, 2021; January 1, 2022; January 1, 2023; and January 1, 2024. 18. .1 • . - 0Mdi7 City Council January 21, 2020 Meeting Minutes Page 5 of 9 Recessed at 8:40 p.m. Reconvened at 8:45 p.m. RESOLUTION NO. 20-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADJUSTING WATER RATES PROVIDED BY THE CITY OF TUSTIN 8. CODE AMENDMENT 2019-002 (ORDINANCE NO. 1505), FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE Currently, the Tustin City Code does not allow "off -premises" signs, including digital display billboards. The proposed Code Amendment 2019-002 would allow digital display billboards under certain conditions and provide benefits to the City, such as the removal of additional legal non -conforming billboards, advertising of City events and public service announcements, and/or financial contributions to the City. On December 10, 2019, the Planning Commission adopted Resolution No. 4397, recommending that the Tustin City Council approve Code Amendment 2019-002 (Ordinance No. 1505). Public hearing opened at 8:46 p.m. Public hearing closed at 8:46 p.m. with no public input. It was moved by Council Member Puckett and seconded by Council Member Cooper that the City Council: 1. Adopt City Council Resolution No. 20-06, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the proposed Code Amendment 2019-002 (Ordinance No. 1505) 2. Introduce and have the first reading of Ordinance No. 1505, approving Code Amendment 2019-002, which adds subsection 9404(b)(7) and amends Section 9402 and subsections 9404(a)(1)(h), 9404(a)(1)(k), and 9404(b)(2) of Chapter 4 of Article 9 to the Tustin City Code relating to freeway adjacent digital display billboards. Motion carried: 4-0 RESOLUTION NO. 20-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR CODE AMENDMENT 2019-002 (ORDINANCE NO. 1505), A REVISION TO THE TUSTIN CITY CODE ADDING SUBSECTION 9404(B)(7) AND AMENDING SECTION 9402 AND SUBSECTIONS 9404(A)(1)(H), 9404(A)(1)(K), AND 9404(B)(2), RELATING TO FREEWAY City Council January 21, 2020 Meeting Minutes Page 6 of 9 ADJACENT DIGITAL DISPLAY BILLBOARDS. ORDINANCE NO. 1505 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 9404137 AND AMENDING SECTIONS 9402, 9404A1 H, 9404A1 K, AND 9404132 OF CHAPTER 4 OF ARTICLE 9 OF THE TUSTIN CITY CODE, RELATING TO FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS REGULAR BUSINESS ITEM 9 9. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2019 The City engages an independent certified public accounting firm to complete an annual audit of the City's financial records. There are a number of reports such as the Comprehensive Annual Financial Report (CAFR), produced as a result of the annual audit and there are actions that are required by the City's governing board (City Council) to meet the requirements of various auditing standards, such as meeting with the auditing firm that conducted the audit to discuss the audit and internal control issues. It was moved by Council Member Lumbard and seconded by Council Member Cooper to approve the following: 1. Receive and file the CAFR for the year ended June 30, 2019. 2. Discuss the audit and internal controls with the independent certified public accounting firm, White Nelson Diehl Evans LLP, who conducted the audit. Motion carried: 4-0 OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY City Manager Matthew S. West Announced Legislative updates will be reported again beginning with the February 4, 2020 meeting; will be discussing Senator Scott Wiener's amendments to SB 50; bill aims to dramatically increase housing density across the state, but the current iteration will allow local governments more flexibility; cities and counties pushed back last year against SB 50's threat to usurp local power and eliminate residential zoning; bill was ultimately held up in committee; the crux of SB 50 — allowing multifamily housing near transit hubs. Announced in November, Southern California Association of Governments (SCAG) had their Regional Housing Assessment, which is required every eight years to identify housing goals; during the meeting there was a change in SCAG's methodology with requiring City Council January 21, 2020 Meeting Minutes Page 7 of 9 Orange County cities to have a drastic increase with their housing development; Tustin as well as other Orange County cities will have a major increase in residential unit development; city staff is going to continue to discuss this issue during City Council meetings, will continue to have a robust conversation and keep the public and residents aware and up-to-date with this topic. Announced Chad Clanton has been permanently appointed as the Director of Parks and Recreation; Chad has been with the City of Tustin since 2008 and has done a great job. Introduced Assistant City Manager Nicole Bernard; Nicole previously worked for the City of Fullerton; has experience in Economic Development and City Manager Departments as well as experience in the private sector. Assistant City Manager Nicole Bernard Thanked everyone and announced is excited to work for the Tustin organization; appreciates everyone being so welcoming. COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper No report. Council Member Lumbard Congratulated Director of Parks and Recreation Chad Clanton on his promotion. Welcomed Assistant City Manager Nicole Bernard. Thanked City Manager Matthew S. West on his report on the housing situation in Orange County; disagrees that a regional body (Southern California Association of Governments) should have the authority to force Tustin to build thousands of residential housing units; looking forward to the follow-up and putting in hard work to push back on this issue. Council Member Puckett Congratulated Director of Parks and Recreation, Chad Clanton on his promotion; well deserved. Welcomed Assistant City Manager Nicole Bernard; great to have on board. January 5 Attended the first service of the new Legacy Church in Tustin; services are currently being held at Heritage Elementary School; congratulated Pastor Kyle Popineau on a successful launch. City Council January 21, 2020 Meeting Minutes Page 8 of 9 January 8 Attended the Tustin Chamber of Commerce Monthly Luncheon; keynote speaker was Wing Lam, owner of Wahoo's Fish Taco Restaurant. January 16 Attended the Tustin Police Department Swearing -In ceremony. January 21 Attended the County of Orange, State of the County Luncheon; well attended event. Congratulated Mayor Bernstein on his 2020 Mayor's Goals; looking forward to all the good things that are going to happen this year. Mayor Bernstein January 10 Attended the Association of California Cities Orange County, Energy Environment and Water Committee meeting; encouraged everyone to visit the website to learn about what has been done and what's being done with PFOA and PFAS in water. Welcomed Assistant City Manager Nicole Bernard; great to have on board. Congratulated Director of Parks and Recreation, Chad Clanton on his promotion; thanked Chad for everything he has done for Tustin. Announced the Mayor's Inaugural Dinner is scheduled for March 20, 2020; location and time is still to be determined. ADJOURNED at 9:02 p.m. The next meeting is scheduled on Tuesday, February 4, 2020 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. City Council January 21, 2020 Meeting Minutes Page 9 of 9