HomeMy WebLinkAboutCC MINUTES 02-04-20CITY OF TUSTIN REGULAR FEBRUARY 4, 2020
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
em. 300 CENTENNIAL WAY, TUSTIN
Letitia Clark, Mayor Pro Tem Matthew S. West, City Manager/
Charles E. Puckett, Council Member Dr. Allan Bernstein, 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 #2468 at 5:30 p.m.
ROLL CALL — City Clerk
Present: Mayor Dr. Allan Bernstein, Mayor Pro Tem Letitia Clark and Council
Members Charles E. Puckett, Barry W. Cooper and Austin Lumbard
Absent: None
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): (2 cases)
City Council February 4, 2020
Meeting Minutes Page 1 of 9
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. Protect Tustin Ranch v. City of Tustin, et al.,Orange County Superior Court
Case No. 30-2019-01113056-CU-PT-CXC
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (1 case)
A. Property 1941 EI Camino Real, APN: 500-071-12
Address/Description
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 5:31 p.m.
MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2468 at 7:03 p.m.
INVOCATION — Council Member Puckett
PLEDGE OF ALLEGIANCE — Council Member Cooper
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Mel Vernon
2. Elizabeth Sigel
3. Marie Luebbers
City Council February 4, 2020
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4.
Mark Roberts
5.
Eric Day
6.
Ben Savill
7.
Michael Luebbers
8.
Neil Sherman
9.
Michael Guzman
10.
Lee Fink
CONSENT CALENDAR ITEMS — It was moved by Mayor Pro Tem Clark and seconded by
Council Member Lumbard to pull Items 5 and 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 JANUARY 21, 2020.
Motion: That the City Council approve the Action Minutes of the Regular Meeting of
the City Council held on January 21, 2020.
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 amount of
$834,892.99; and Demands in the amount of $5,969,549.70.
4. ADOPT RESOLUTION NO. 20-02 ESTABLISHING PRIMA FACIE SPEED LIMITS
ON CITY STREETS
Adoption of Resolution No. 20-02 will establish speed limits on certain streets
throughout the City of Tustin based upon an engineering and traffic survey as
required by the California Vehicle Code.
Motion: It is recommended that the City Council adopt Resolution No. 20-02
establishing Prima Facie Speed Limits on certain streets throughout the City of
Tustin.
City Council February 4, 2020
Meeting Minutes Page 3 of 9
RESOLUTION NO. 20-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ESTABLISHING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS
5. CITY OF TUSTIN COMMUNITY DEVELOPMENT 2019 YEAR IN REVIEW
Management Analyst II Adrianne DiLeva provided a PowerPoint presentation.
Throughout the year, staff provides the City Council with a status of projects that the
Planning Commission, Zoning Administrator, or Community Development Director
approved; major improvement projects; and other items of interest. The Community
Development Department's 2019 Year in Review summarizes the Community
Development Department's activities throughout 2019 including discretionary permits
processed and approved (i.e. Conditional Use Permits, Design Reviews, Subdivision
Maps, etc.), major accomplishments for various functional areas within the
Department, Code Enforcement activities, and Building Division activities.
It was moved by Council Member Puckett and seconded by Council Member
Lumbard to receive and file the report.
Motion carried: 5-0
6. A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF TUSTIN (ORANGE
COUNTY, CALIFORNIA) TAXABLE WATER REFUNDING REVENUE BONDS,
SERIES 2020, APPROVING THE FORM AND AUTHORIZING EXECUTION OF AN
INDENTURE OF TRUST, AN ESCROW AGREEMENT, A BOND PURCHASE
AGREEMENT, A PRELIMINARY OFFICIAL STATEMENT AND A CONTINUING
DISCLOSURE CERTIFICATE AND AUTHORIZING ACTIONS RELATED
THERETO
Fieldman Consultant James Fabian provided a presentation.
Approval by the City of Tustin ("City") is requested to authorize the issuance of City
of Tustin Taxable Water Refunding Revenue Bonds, Series 2020 (the "2020 Bonds")
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 Clark
that the City Council adopt Resolution No. 20-07 Entitled Resolution Authorizing The
Issuance Of City Of Tustin (Orange County, California) Taxable Water Refunding
Revenue Bonds, Series 2020, Approving The Form And Authorizing Execution Of An
Indenture Of Trust, An Escrow Agreement, A Bond Purchase Agreement, A
Preliminary Official Statement And A Continuing Disclosure Certificate And
Authorizing Actions Related Thereto.
Motion carried: 5-0
City Council February 4, 2020
Meeting Minutes Page 4 of 9
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1505
Adoption of Ordinance No. 1505 will 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.
Motion: That the City Council have second reading by title only and adoption of
Ordinance No. 1505.
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
8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE
SIDEWALK REPAIR PROJECT CIP NO. 70019
The plans and specifications for the Annual Roadway Rehabilitation and Citywide
Sidewalk Repair Project (CIP No. 70019) have been prepared and the project is now
ready for bid.
Motion: It is recommended that the City Council:
Adopt Resolution No. 20-08 approving the plans and specifications for the
Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project (CIP
No. 70019), and authorize the City Clerk to advertise to receive bids.
2. Approve an additional appropriation of $470,000 from Measure M2 - Fair
Share (Fund 139) for sidewalk removal and replacement.
RESOLUTION NO. 20-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY
REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70019
AND AUTHORIZING ADVERTISEMENT FOR BID
REGULAR BUSINESS ITEMS 9-11
9. 2020 PUBLIC ART COMMITTEE APPOINTMENTS
Council direction is needed to fill (2) two vacancies on the Public Art Committee due
to a resignation by Bonny Hsu and term expiration of Scott McMillin.
City Council February 4, 2020
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It was moved by Mayor Pro Tem Clark and seconded by Council Member Lumbard
to reappoint Mr. McMillin to a four-year term and direct the City Clerk to solicit
applications.
Motion carried: 5-0
Mayor Bernstein announced he will appoint an ad hoc committee to interview the
remaining three candidates and additional applicants, if received, and make a
recommendation to the full city council at that time.
10. LEGISLATIVE UPDATE
Management Analyst II Ken Piguee provided a presentation.
Staff has prepared a summary of state legislative activity.
It was moved by Council Member Lumbard and seconded by Council Member
Puckett to:
1. Take a SUPPORT position on SB 54/AB 1080 (Allen/Gonzalez) packaging
and products.
2. Take a SUPPORT position on SB 378 (Wiener): Electrical deenergization
events: procedures: allocation of costs: reports.
3. Receive and file the updated legislative matrix as of January 24.
Motion carried: 5-0
11. TUSTIN RESPONSE TO DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE
BOWERY MIXED USE PROJECT IN THE CITY OF SANTA ANA
Principal Planner Scott Reekstin provided a PowerPoint presentation.
Tustin City Council concurrence is requested for the City of Tustin's (the City)
response to the Draft Environmental Impact Report (DEIR) for The Bowery Mixed
Use Project in Santa Ana. The proposed project would redevelop a 14.58 -acre site
at 2300 South Red Hill Avenue and provide 1,150 multiple -family residences in four
(4) buildings of five (5) to six (6) stories, 80,000 square feet of retail and restaurant
commercial space, and adjacent parking structures. The project would require a
General Plan Amendment and Zone Change.
It was moved by Council Member Cooper and seconded by Council Member
Lumbard to direct staff to forward the response letter (attached to the staff report) to
the City of Santa Ana.
City Council February 4, 2020
Meeting Minutes Page 6 of 9
Motion carried: 5-0
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Cooper
February 1
Participated in the Tustin Community Foundation (TCF) Paper Football Challenge at the
Columbus Tustin Middle School Gym; thanked and congratulated Erin Nielsen and Gene
Micco from TCF for organizing a wonderful event; thanked Kurt Bensworth and Tony Wong
for their participation; thanked Sharyn Cable, Eric Enderle and the Enderle Center for their
support; thanked Peter Brakke, Owner/Operator of Chick-fil-A at Tustin Legacy for his
wonderful food donation.
Council Member Lumbard
Announced the month of February is Black History Month; recognized Mayor Pro Tem Clark
for her leadership on the City Council; proud to sit next to her on the City Council; recognized
former Mayor Elwyn A. Murray for his leadership and service to the City of Tustin; Tustin is
a diverse community and is lucky to have both of them as leaders.
Council Member Puckett
Congratulated Mayor Pro Tem Clark on receiving the Dollars for Scholars Community
Member Award; very well deserved.
January 21
Attended two Transportation Corridor Agencies meetings.
January 22
Attended the Rock and Brews Ribbon Cutting ceremony; had the privilege to meet one of
the restaurant owners, Paul Stanley from the band KISS.
January 23
Attended the Orange County Council of Governments meeting.
January 27-28
Attended the Association of California Cities Orange County Advocacy Trip in Sacramento.
January 29
Attended the City of Garden Grove State of the City event.
February 1
Attended the Tustin Community Foundation Paper Football Challenge at the Columbus
Tustin Middle School Gym; very well attended; congratulated the Tustin Veterans Outpost
City Council February 4, 2020
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for taking first place in the event.
Announced former Mayor of Tustin Ronald B. Hoesterey has been diagnosed with liver
cancer; asked everyone to please keep him in their thoughts.
Mayor Pro Tem Clark
Encouraged the Tustin community to participate in the 2020 Census; reminded everyone
that a lot of funding is given to communities based on the population; everything can be
done online; information can be found on the Californiacensus.org to find out all the
information.
Announced the Boys and Girls Club will be hosting a Valentine's Day event at Luna Rosa
Restaurant on February 12tH
Offered condolences to the Altobelli Family; John Altobelli, his wife Keri and their daughter
Alyssa were among the victims who were involved in the Kobe Bryant helicopter crash,
which took the lives of all nine people on board; the Altobelli family has connection with
members in the Tustin community.
Mayor Bernstein
January 22
o Attended the Rock and Brews Ribbon Cutting ceremony; had the privilege to meet
one of the restaurant owners, Paul Stanley from the band KISS; very well attended.
o Attended the Orange County Sanitation District meeting; discussed the approval of
the Groundwater Replenishing System Final Expansion project; project will increase
treatment capacity from 100 to 130 million gallons per day; enough water for 1 million
people.
January 24
Attended the League of California Cities Environmental Quality meeting in Sacramento; is
the Chairperson of the committee.
Announced the Holocaust Remembrance Forum will be held on March 12, 2020 at Beckman
High School; two Holocaust survivors will be on the panel discussing and sharing their
experiences.
February 1
Attended the Tustin Community Foundation Paper Football Challenge at the Columbus
Tustin Middle School Gym; very well attended; congratulated the Tustin Veterans Outpost
for taking first place in the event; congratulated the Tustin Community Foundation; thanked
all the sponsors of the event; congratulated Council Member Cooper for keeping the event
on schedule and moving along.
Announced the Tustin Police Department's Annual Awards Ceremony will be held on Friday,
February 7, 2020 at the Marconi Automotive Museum.
City Council February 4, 2020
Meeting Minutes Page 8 of 9
ADJOURNED at 8:11 p.m. The next meeting is scheduled on Tuesday, February 18, 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.
Mayor
City Council
Meeting Minutes
ERICA N. YAS A,
City Clerk
February 4, 2020
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