HomeMy WebLinkAboutCC MINUTES 06.01.21 DocuSign Envelope ID:428HE2E-38130-43C13-81 BO-769A83568A37
CITY OF TUSTIN REGULAR JUNE 1, 2021
MEETING OF THE CITY COUNCIL VIDEO CONFERENCE
HOUSING AUTHORITY AND LOCAL
REUSE AUTHORITY
Austin Lumbard, Mayor Pro Tem
Barry W. Cooper, Council Member Letitia Clark, Mayor Matthew S. West, City Manager
Rebecca Gomez, Council Member Erica N.Yasuda, City Clerk
Ryan Gallagher, Council Member David E. Kendig, City Attorney
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, TUSTIN HOUSING
AUTHORITY, AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE
AUTHORITY
CLOSED SESSION MEETING — 4:30 p.m.
CALL TO ORDER — #2499 at 4:30 p.m.
ATTENDANCE —
Present: Mayor Letitia Clark, Mayor Pro Tem Austin Lumbard and Council
Members Ryan Gallagher and Rebecca Gomez
Absent: Council Member Barry W. Cooper
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney, Matthew S. West, City Manager
PUBLIC INPUT — None
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): (4 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 (1 case)
City Council June 1, 2021
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A. Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Section 54956.9 related to a written threat to initiate litigation against the City for
alleged violation of the California Voting Rights Act.
4. LABOR NEGOTIATIONS — [Government Code § 54957.6]
Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown,
Liebert Cassidy Whitmore
Employee Organization: Tustin Municipal Employees Association (TMEA)
Employee Organization: Tustin Police Officers Association—Management Unit (TPMA)
Employee Organization: Tustin Police Officers Association—Officer Unit (TPOA)
Employee Organization: Tustin Police Support Services Management Association
(TPSSMA)
Employee Organization: Tustin Police Support Service Association (TPSSA)
Employee Organization: Unrepresented Confidential Employees
Employee Organization: Unrepresented Supervisory Employees
Employee Organization: Unrepresented Executive Management and Management
Employees
Employee Organization: Unrepresented Part-Time Employees
5. LIABILITY CLAIMS — [Government Code § 54956.95]: (2 cases)
A. Claim of Ruth Mulnard, Claim No. 21-08
B. Claim of Tustin Ranch Shadowbrook Homeowners Association, Claim No. 21-09
6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to
Government Code § 54956.9(d)(1): (2 cases)
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. Orange County Water District et al v. 3M Company, et al, Orange County Superior
Court Case Number 30-2020-01172419-CU-PL-CXC
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, TUSTIN HOUSING
AUTHORITY, AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE
AUTHORITY
6:00 P.M.
CALL TO ORDER —#2499 at 6:03 p.m.
INVOCATION - Pastor Fred Snider, Grace Harbor Church
City Council June 1, 2021
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PLEDGE OF ALLEGIANCE — Mayor Pro Tem Lumbard
PUBLIC INPUT—
1 . John Garay
CLOSED SESSION REPORT— City Attorney David E. Kendig: The City Council discussed
Item 3A and began discussions on Item 4. The Council will reconvene after open session
to discuss the balance of Item 4 and remainer of the Closed Session items.
CONSENT CALENDAR ITEMS 1-9 - It was moved by Mayor Pro Tem Lumbard and
seconded by Council Member Gallagher to approve the Consent Calendar as
recommended by staff.
Roll call — City Clerk
Motion carried: 4-0
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
Motion: The City Council waived reading in full of all ordinances and resolutions on
the agenda and declared 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 MAY 18, 2021 AND THE STRATEGIC PLAN WORKSHOP OF THE CITY
COUNCIL HELD ON MAY 12, 2021.
Motion: The City Council approved the Action Minutes of the Regular Meeting of the
City Council held on May 18, 2021 and the Strategic Plan Workshop of the City
Council held on May 12, 2021 .
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: The City Council approved Payroll in the amount of $864,879.35; and
Demands in the amount of $3,942,470.22.
City Council June 1, 2021
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4. ADOPT RESOLUTION NO. 21-35 APPROVING PROJECT LIST TO BE
SUBMITTED TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR SB1
FUNDING FOR FISCAL YEAR 2021/22
In order to be eligible to receive new funding under Senate Bill 1 (SB1), the City is
required to submit a Project List to the California Transportation Commission (CTC)
no later than July 1 , 2021 .
Motion: The City Council:
1 . Adopted Resolution No. 21-35 identifying projects to be submitted to the
California Transportation Commission for SB 1 funding; and
2. Directed staff to submit the Project List to the California Transportation
Commission on behalf of the City.
RESOLUTION NO 21-35
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2021-22
FUNDED BY SB 1 : THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
5. CREATIVE SIGNALS PUBLIC ART PROJECT
At their May 19, 2021, Regular Meeting, the Community Services Commission
recommended to forward a Creative Signals traffic signal cabinet wrap selected by
the Public Art Committee for consideration by the City Council.
Motion: The City Council adopted Resolution 21-40 approving the Creative Signals
wrap, submitted by artist Michael Norice, to be installed on the traffic signal cabinet
located on the southwest corner of Red Hill Avenue and Service Road, and authorize
the Parks and Recreation Department to execute an agreement to install the wrap.
RESOLUTION NO. 21-40
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 TO INSTALL THE WRAP
6. THIRD AMENDMENT TO CONTRACTOR SERVICES AGREEMENT —
TEMPORARY SHELTER, INC
The Tustin Housing Authority ("Authority") is seeking authorization to enter into a
Third Amendment to the Contractor Services Agreement ("CSA") with Temporary
Shelter, Inc., to operate the Tustin Temporary Emergency Shelter through June 30,
2022.
Motion: The City Council, as the governing body of the City of Tustin, took the
following actions:
City Council June 1, 2021
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1) Authorized the City Manager to execute on behalf of the City the Third
Amendment to the Contractor Services Agreement with Temporary Shelter,
Inc. to operate the Tustin Temporary Emergency Shelter; and,
2) Waived competitive solicitation for this one-year extension, as permitted under
Title 2, Section §200.320(c) of the Code of Federal Regulations, because the
public exigency for this service will not permit a delay resulting from
competitive solicitation due to the circumstances of the public health
emergency and the increase in homelessness.
The City Council, acting in its capacity as the Tustin Housing Authority
Commissioners, take the following actions:
3) Authorized the City Manager, in his official capacity as Executive Director of
the Tustin Housing Authority, to execute a Third Amendment to the Contractor
Services Agreement with Temporary Shelter, Inc. to operate the Tustin
Temporary Emergency Shelter; and,
4) Waived competitive solicitation for this one-year extension, as permitted under
Title 2, Section §200.320(c) of the Code of Federal Regulations, because the
public exigency for this service will not permit a delay resulting from
competitive solicitation due to the circumstances of the public health
emergency and the increase in homelessness
7. APPROVE FIRST AMENDMENT TO AGREEMENT WITH CR&R
Consider approving an amendment to the City's agreement with CR&R Incorporated
providing a six (6) month extension for program implementation due to difficulties
arising from COVID-19 restrictions.
Motion: The City Council approved the First Amendment to Agreement for the
Collection, Transportation, Processing and Diversion of Recyclable Materials, Food
Scraps, Yard Trimmings, Wood, Construction and Demolition Debris and Other
Materials and for the Collection, Transportation and Disposal of Municipal Solid
Waste; and authorized the City Clerk and Mayor to execute the Amendment.
8. APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA GAS
COMPANY OVER PORTIONS OF LOTS 1 - 3, 5 - 10, 12 AND 13 OF TR 18197
SERVING NEIGHBORHOOD D SOUTH AT TUSTIN LEGACY
Ongoing construction of the Brookfield Development in Neighborhood D South at
Tustin Legacy necessitates the provision of easements for gas service to the
development. Underground gas facilities are to be subsequently provided.
Motion: The City Council authorized the Mayor to execute the grant of easement to
Southern California Gas ("Gas") as shown on the attached easement document
exhibits for the purposes of installation and maintenance of the systems as outlined
in the attached easement documents; and authorized the City Manager to approve
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any future modifications to the proposed grants of easement which may be necessary
to meet the intent of providing said services to the Brookfield project.
9. CITY OF TUSTIN PROPERTIES WITHIN THE PROPOSED TUSTIN LANDSCAPE
AND LIGHTING REASSESSMENT DISTRICT 2021
Consider submitting ballots in support of forming Tustin Landscape and Lighting
Reassessment District 2021 .
Motion: The City Council directed the City Manager to complete ballots for City-
owned parcels in support of forming Tustin Landscape and Lighting Reassessment
District 2021 and submitted ballots to the City Clerk for tabulation on June 15, 2021 .
PUBLIC HEARING ITEMS 10-12
10. PUBLIC HEARING 2020 WATER SHORTAGE CONTINGENCY PLAN
Water Services Manager Mike Grisso provided a PowerPoint presentation that
covered Items 10, 11 and 12.
On April 4, 2017, the City Council adopted Ordinance 1477 amending the Water
Management Plan, Article 4, Chapter 10 of the Tustin, Code of Ordinances. In 2018,
the California Legislature amended the Urban Water Management Planning Act that,
among other things, mandated the adoption of a Water Shortage Contingency Plan
(WSCP) with prescribed elements as part of the Urban Water Management Plan
(UWMP). As a result, staff has developed a 2020 WSCP in conjunction with the 2020
UWMP and upon adoption, will update the Water Management Plan ordinance to
reflect the appropriate changes .
Public hearing opened at 6:18 p.m.
Public Input — None
Public hearing closed at 6:19 p.m.
It was moved by Mayor Pro Tem Lumbard and seconded by Council Member
Gallagher to adopt Resolution No. 21-37 approving the 2020 Water Shortage
Contingency Plan.
Roll call — City Clerk
Motion carried: 4-0
RESOLUTION NO. 21-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ADOPTING THE 2020 WATER SHORTAGE CONTINGENCY PLAN (WSCP)
11. ADDENDUM TO 2015 URBAN WATER MANAGEMENT PLAN
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As recommended by the California Department of Water Resources (DWR) in the
DWR Urban Water Management Plan (UWMP) 2020 Guidebook, each urban water
supplier completing a 2020 UWMP should adopt an addendum to the 2015 UWMP
consistent with the Delta Plan Policy WR P1, Reduce Reliance on the Delta Through
Improved Regional Water Self-Reliance. The addendum is to be included as an
appendix to the 2020 UWMP.
Public hearing opened at 6:20 p.m.
Public Input — None
Public hearing closed at 6:20 p.m.
It was moved by Mayor Pro Tem Lumbard and seconded by Council Member
Gallagher to adopt Resolution No. 21-38 approving the addendum to the 2015 Urban
Water Management Plan.
Roll call — City Clerk
Motion carried: 4-0
RESOLUTION NO. 21-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ADOPTING AN ADDENDUM TO THE 2015 URBAN WATER MANAGEMENT PLAN
12. PUBLIC HEARING 2020 URBAN WATER MANAGEMENT PLAN
The California Urban Water Management Planning Act of 1983 requires the City to
develop and adopt an Urban Water Management Plan (UWMP) every five years. It
requires urban water suppliers providing water for municipal services of more than
3000 connections or 3000 acre-feet of water production annually, to prepare, conduct
a public hearing, and adopt in accordance with the prescribed requirements of the
Act.
Public hearing opened at 6:21 p.m.
Public Input — None
Public hearing closed at 6:21 p.m.
It was moved by Mayor Pro Tem Lumbard and seconded by Council Member
Gallagher to adopt Resolution No. 21-36 approving the City's 2020 Urban Water
Management Plan.
Roll call — City Clerk
Motion carried: 4-0
City Council June 1, 2021
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RESOLUTION NO. 21-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ADOPTING THE CITY OF TUSTIN 2020 URBAN WATER MANAGEMENT PLAN
PURSUANT TO CALIFORNIA WATER CODE SECTIONS 10610 THROUGH 10657
REGULAR BUSINESS ITEM 13
13. SUMMARY OF PROJECTS — COMMUNITY DEVELOPMENT & PUBLIC WORKS
DEPARTMENT
Management Analyst Adrianne DiLeva provided a PowerPoint presentation.
The following report provides a summary of projects and activities from the
Community Development and Public Works Department to the Tustin City Council.
The report focuses on the status of projects that the Planning Commission, Zoning
Administrator, or staff approved; major improvement projects; Certificates of
Appropriateness; Code Enforcement activities; and, other items of interest.
The City Council unanimously received and filed this item.
OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
Announced Management Analyst II, Adrianne DiLeva detailed the Tustin CARES program
during her presentation; reiterated the City Council's interest in the American Rescue Plan
Act (ARPA) funds as being a part of the Tustin CARES program; announced city staff will
bring potentional options for the ARPA funds, potentially expand the Tustin CARES
program, and look at other uses for the ARPA funds during the next City Council meeting
on June 15, 2021 .
Announced the City Council held a Budget Workshop on Monday, May 24, 2021;
announced the city's budget report will be returning to the City Council at the June 15, 2021
meeting; announced the video of the Budget Workshop is on City's website.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Gallagher
May 26
Attended the Orange County Sanitation District (OCSD) Operations Committee meeting;
discussed items to wrap up strategic planning efforts; discussed the investments made in
continuing renewal energy; announced OCSD is looking into new additional treatment and
more regional resources for all of its agency's members; reported 320 million dollars in
construction contracts were led, none within Tustin's jurisdiction; announced a lot going on
with OCSD as they go through their long-term management asset program.
City Council June 1, 2021
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May 31
Attended the City of Tustin's Memorial Day Remembrance event, thanked Recreation
Coordinator Garrison De Vine for coordinating the event; was a wonderful event; very well
done; congratulated city staff for putting on a lovely event.
Council Member Gomez
May 20
• Attended the Orange County Mosquito and Vector Control District meeting; approved
the upcoming fiscal year 2021-2022 budget; reported there were committee reports
from the Policy and Personnel Operations Committee and the Budget and Finance
Committee; announced a public hearing was held to consider the ordering of a
program for the services and levy assessments for the upcoming fiscal year, in
connection with the District's vector surveillance and control assessment.
• Attended the Orange County Public Libraries' (OCPL) Library Advisory Board
meeting; discussed the budget for fiscal year 2021-2022; announced a presentation
was given by Management Partners to discuss the strategic initiatives for the OCPL
library system.
May 22
Attended the City of Tustin's Water Safety Challenge Day; thanked the volunteers and city
staff for organizing the booths and sharing water safety tips; announced we can never share
enough information about keeping people safe around water.
May 28
Volunteered at Beckman High School's Grad Night event; congratulated all high school
graduates at Beckman High School, Foothill High School, Tustin High School and Hillview
High School, as well as the Tustin middle schools.
May 31
Attended the City of Tustin's Memorial Day Remembrance event at the Veterans Sports
Park; was a beautiful event; thanked city staff for the great job on the event; announced the
City's paver program at the Veterans Sport Park, more information on the program is
available on the City's website; adding a paver to Veterans Sports Park is a great way to
honor all of the veterans; thanked all those who have served in the military that made the
ultimate sacrifice; wished a Happy Memorial Day to all veterans.
Mayor Pro Tem Lumbard
May 22
Attended the City of Tustin's Water Safety Challenge Day; thanked Johnny Johnson and
the Blue Buoy Swim School's staff for being a part of the event; announced Jessica Hardy,
Olympic Gold Medalist, was in attendance; echoed Council Member Gomez's point on water
safety; mentioned a lot of kids are going into pools and beaches this summer, it is very
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important to get kids and adults educated on water safety; announced there should always
be a designated water watcher, designated water watcher lanyards were given out at the
Water Safety Challenge Day event and are to be worn by the designated water watcher at
any pool or beach; reminded everyone how important it is to know where your child is when
they are swimming, as drowning is a silent occurrence, having a designated water watcher
without a cell phone or any distraction is key; reported sadly we lose people every year to
drowning in Orange County and Southern California.
May 26
• Attended the Transportation Corridor Agencies (TCA) Joint Capital Programs &
Projects Committee meeting; discussed the future for TCA and potential projects
moving forward, including the 91 Freeway extender and connector.
• Attended the Transportation Corridor Agencies (TCA) Joint Operations and Finance
Committee meeting; reported TCA is in very good shape financially; announced TCA
has fluid reserves to spend on its projects or pay off its debts.
May 31
Attended the City of Tustin's Memorial Day Remembrance event at the Veterans Sports
Park; announced the Veterans Sports Park is an important park site with the Tustin Hangar's
in the background and the veterans memorial; mentioned many family members with lost
service members from the Tustin community were in attendance at the event; stated Johnny
Johnson of Blue Buoy Swim School is one community member that memorialized his father
with the Tustin paver program at Veterans Sports Park; announced Memorial Day is for
remembering those that were lost and cannot be here to celebrate with us; announced
Denton Knapp, Director of the Tierney Center for Veteran Services was in attendance;
thanked city staff for all their hard work.
Mayor Clark
Attended the Orange County Council of Governments (OCCOG) and the Orange County
Fire Authority (OCFA) meetings over the last couple of weeks; discussed the City's
involvement in the Drowning Prevention Task Force at the OCFA meeting; shared Tustin's
resolution on drowning prevention awareness and the Tustin Water Safety Challenge Day
event on May 22, 2021; announced everyone should be aware of water safety not only
during the summer, but throughout the year.
May 31
Attended the City of Tustin's Memorial Day Remembrance event at the Veterans Sports
Park; thanked Parks and Recreation Services Director Chad Clanton and Recreation
Superintendent Marylin Buescher; thanked Recreation Coordinator Garrison De Vine for
always being an excellent emcee; reiterated Mayor Pro Tem Lumbard's comments on how
Veterans Sports Park makes Tustin stand out compared to surrounding cities; the Veterans
Sports Park commemorates lost family members with its amazing history; was proud to
showcase Veterans Sport Park with the Tustin Hangars in the backdrop and invite
community leaders throughout the county and region to celebrate and commemorate
Memorial Day and hopes to have a future Veteran's Day event held; thanked all past
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colleagues and city staff for making Veterans Sports Park a special place in the city.
Announced upcoming events:
• Tustin Summer Camps started June 1 , 2021 ; all-day day camps are available at
Columbus Tustin Activity Center and the Tustin Family and Youth Center; visit
tustinca.org for more information.
• Tustin Police Department's Virtual Open House will be June 5th at 11 :00 AM;
encourages everyone to participate in the virtual event; visit tustinpd.org for more
information.
Reminded everyone to be courteous, kind and patient with one another as the City and
State re-open from the Coronavirus pandemic; more public events are happening and
people are starting to attend in-person events; hopeful to return to normalcy as better family
members and neighbors as we continue to officially open all the way up.
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will reconvene
in Closed Session to discuss Items 1, 4, and 5 on the Closed Session agenda.
Recessed at 6:54 p.m.
Reconvened at 8:15 p.m.
CLOSED SESSION REPORT—City Attorney David E. Kendig: Council Member Cooper was
absent. The Council did not discuss Item 5 on the Closed Session agenda. Other than that;
there was no reportable action.
ADJOURNED at 8:16 p.m. The next meeting is scheduled on Tuesday, June 15, 2021 for
the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
DocuSigned by: DocuSigned by:
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LETT 3CEA , ERICA N YASUDA,
Mayor City Clerk
City Council June 1, 2021
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