HomeMy WebLinkAbout02 CC MINUTES 6.15.21 AND 7.9.21 DocuSign Envelope ID:8D9F7D6C-07B0-42D6-BCD7-8623739C6164
Agenda Item 2
Reviewed: DS
"5-W
City Manager
Finance Director N/A
CITY OF TUSTIN REGULAR JUNE 15, 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 — #3000 at 4:30 p.m.
ATTENDANCE —
Present: Mayor Letitia Clark, Mayor Pro Tem Austin Lumbard and Council
Members Barry W. Cooper, Ryan Gallagher and Rebecca Gomez
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 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): (3 cases)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
3. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION (1 case)
City Council June 15, 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: Unre resented 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(d)(1): (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
Council Member Gomez left the meeting at 5:15 p.m.
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 — #3000 at 6:05 p.m.
INVOCATION - Pastor Jorge Molina, Mariners Church
City Council June 15, 2021
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PLEDGE OF ALLEGIANCE — Council Member Cooper
Mayor Clark moved the public hearing items to the first order of business on the agenda
due to the estimated time to conduct the ballot tabulation.
PUBLIC HEARING ITEMS 13-14
13. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL
ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR
FISCAL YEAR 2021-2022
The Tustin Landscape and Lighting District Engineer's Report was completed and approved
by the City Council at their April 20, 2021 meeting. At that meeting, the City Council declared
its intention to levy annual assessments and set a public hearing for June 15, 2021 . In order
to levy the annual assessments , the City Council is required to conduct a public hearing
and, provided there is no majority protest, adopt Resolution No. 21-44 confirming the annual
assessments for Fiscal Year 2021-2022.
Public Hearing opened at 6:08 p.m.
Public Input: None
Public Hearing closed at 6:09 p.m.
It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Cooper to
adopt Resolution No. 21-44 confirming the annual assessments for Fiscal Year 2021-2022.
Roll Call — City Clerk
Motion carried: 4-0
RESOLUTION NO. 21-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE
MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH
AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT FOR FISCAL YEAR 2021-2022
14. ADOPT RESOLUTION NO. 21-46 FORMING AND LEVYING ASSESSMENTS
WITHIN TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2021 AND
REPLACING THE EXISTING TUSTIN LANDSCAPE AND LIGHTING DISTRICT
The Tustin Landscape and Lighting District was formed in 1985 to fund the maintenance of
perimeter landscaping on the arterial highways and for the operation and maintenance of
street lighting on public streets within the Tustin Ranch area. Assessments for the benefiting
properties were first confirmed for Fiscal Year 1985-1986 and each fiscal year thereafter.
City Council June 15, 2021
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Assessments collected through the District do not cover the cost of maintenance. Surplus
bond funds have been used since Fiscal Year 2009-2010, as allowed by the California
Streets and Highways Code, to fully fund annual maintenance needs within the District
boundaries. The surplus funds are nearly exhausted and a new Tustin Landscape and
Lighting Reassessment District 2021 (Reassessment District 2021) will need to be formed
to ensure annual revenue is not less than expenses.
At the April 20, 2021 meeting, the City Council approved the Engineer's Report for the Levy
of Annual Assessments for the Tustin Landscape and Lighting Reassessment District 2021
and set a public hearing for June 15, 2021 . Ballots were mailed to all property owners on
April 30, 2021. At the close of the public hearing, a consultant hired by the City will tabulate
all returned ballots to determine if there is sufficient property owner support for creating
Reassessment District 2021 .
Public Hearing opened at 6:11 p.m.
Public Input: None
Public Hearing closed at 6:11 p.m.
Due to some members of the public stating they were not able to join the virtual meeting
link, the public hearing was reopened to allow for public comments.
Public Hearing opened at 6:13 p.m.
Public Input: None
Public Hearing closed at 6:14 p.m.
Mayor Clark stated that the City Council can only act on this item once ballot tabulation is
complete and the results are available. This item will be continued to the end of the agenda
to allow time for ballot tabulation.
PRESENTATIONS -
Mayor Clark presented a Proclamation recognizing Juneteenth.
Mayor Clark presented a Proclamation recognizing Pride Month.
Mayor Clark presented a Proclamation to Amanda Peronto recognizing Carbon Monoxide
Awareness. SoCalGas Sr. Public Affairs Manager Emily Grant and Battalion Chief Kyle
Kuzma emphasized the importance of installing carbon monoxide detectors.
Mayor Clark presented a Proclamation to Alfio Rossetti in honor of Roma D' Italia's 60th
Anniversary.
Council Member Gomez returned to the meeting at 6:33 p.m.
City Council June 15, 2021
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PUBLIC INPUT—
1 . Cathy Chiang
2. Peter Lin
3. John Garay (submitted e-comments which were distributed to the Council on June
15th)
CLOSED SESSION REPORT— City Attorney David E. Kendig: The City Council convened
at 4:30 p.m. and all five members were present at that time. There was a discussion on
labor negotiations and discussion on one Closed Session item. At 5:15 p.m., Council
Member Gomez had to depart and thereafter there was a discussion on the two liability
claims on the agenda, Item No. 5. The Claim of Ruth Mulnard, Claim No. 21-08 was denied
by a 4-0 vote with Council Member Gomez absent. The Claim of Tustin Ranch
Shawdowbrook Homeowners Association, Claim No. 21-09 was denied by a 3-1 vote with
Council Member Cooper dissenting and Council Member Gomez absent. The Council will
be reconvening in Closed Session at the recess of Open Session to discuss Items 1, 2, 3
and 4 as they appear on the Closed Session agenda. Aside from that, there's no reportable
action.
CONSENT CALENDAR ITEMS 1-12
Public Input: None
It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gomez to pull
Item No. 5 and approve the balance as recommended by staff.
Roll Call — City Clerk
Motion carried: 5-0
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 JUNE 1, 2021 AND THE BUDGET WORKSHOP OF THE CITY
COUNCIL HELD ON MAY 24, 2021.
City Council June 15, 2021
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Motion: The City Council approved the Action Minutes of the Regular Meeting of the
City Council held on June 1 , 2021 and the Budget Workshop of the City Council held
on May 24, 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 $854,546.54; and
Demands in the amount of $4,142,671 .67.
4. APPROVE AGREEMENT FOR INDEPENDENT AUDIT SERVICES
Clifton Larson Allen LLP recently concluded their work as the City's auditors upon
the completion of the audit for Fiscal Year 2019/20. On March 29, 2021 , the City
issued a Request for Proposal (RFP) for Professional Auditing Services. The City
received eight (8) proposals, and on May 26, 2021 , the Audit Commission
interviewed the highest ranked audit firms. Based on the advisement of the Audit
Commission, it is recommended that the City Council consider the appointment of
Davis Farr LLP to serve as the City's independent auditor.
Motion: The City Council approved Davis Farr LLP as the independent certified
public accounting firm to perform auditing services for three years beginning with the
fiscal year ending June 30, 2021 , with the option of providing the same services for
the two subsequent fiscal years. Staff also requests Council authorize the City
Manager to execute the agreement with Davis Farr LLP subject to any non-
substantive modifications as may be deemed necessary and/or recommended by the
City Attorney.
5. OFFICE LEASE EXTENSION FOR 275 CENTENNIAL WAY, SUITE 104
Authorization is requested to execute a five-year lease extension through June 30,
2026, for the suite at 275 Centennial Way to provide office space for the Economic
Development Department employees and certain operational functions.
Council Member Gallagher requested that staff look at alternatives ahead of the three
year exit, look at options for bringing those staff in house whether that's expanding
or renovating current facilities.
It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gomez
to authorize the City Manager to execute the attached lease extension for Suite 104
at 275 Centennial Way, consistent with the general terms identified in this Agenda
Report.
Roll Call — City Clerk
City Council June 15, 2021
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Motion carried: 5-0
6. SURPLUS PROPERTY DECLARATION FOR ASSESSORS PARCEL NUMBER
396-333-02
Resolution 21-45 will declare APN 396-333-02 as surplus land pursuant to California
Government Code Section 54221 .
Motion: The City Council took the following actions:
1 . Adopted Resolution 21-45: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL
PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBER 396-333-02
AS SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 54221
2. Authorized the City Manager to sign and direct staff to submit the appropriate
documentation to the California Department of Housing and Community
Development in connection with the Resolution.
RESOLUTION NO. 21-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS
PARCEL NUMBER 396-333-02 AS SURPLUS LAND PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 54221 .
7. APPROPRIATION LIMIT FOR FISCAL YEAR 2021/2022
Article XIII B of the State Constitution requires each City to annually adopt a limit on
appropriations for all governmental funds. The following recommendation and
attached worksheets are based on the FY2021-2023 Proposed Biennial Budget as
presented to the City Council on May 24, 2021 .
Motion:
1. Selected the change in the California per Capita Personal Income as the price
factor for adjusting the Fiscal Year 2021/2022 appropriations limit.
2. Adopted Resolution No. 21-42 setting the appropriation limit for Fiscal Year
2021/2022 at $102,424,952.
RESOLUTION NO. 21-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL
YEAR 2021-2022 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION
OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT
CODE
City Council June 15, 2021
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8. APPROVE THE ANNUAL MEASUR E M2 ELIGIBILITY SUBMITTAL PACKAGE,
FISCAL YEAR 2021-2022
In order to maintain eligibility for funding under the Orange County Measure M2
Program, the City is required to annually submit a compliance package to the Orange
County Transportation Authority (OCTA).
Motion: The City Council took the following actions:
1 . Adopted the attached Measure M2 Seven-Year Capital Improvement Program
(CIP) (Fiscal Year 2021-2022 through Fiscal Year 2027-2028);
2. Approved Resolution No. 21-47 informing the OCTA that there have been no
changes to the City's Circulation Element of the General Plan and that it is
consistent with the Master Plan of Arterial Highways and that the City concurs
with the Mitigation Fee Program for new development ;
3. Approved Resolution No. 21-48 informing the OCTA that the City updated a
Pavement Management Plan that is in conformance with the OCTA format;
and
4. Authorized the Director of Public Works/City Engineer to submit the City of
Tustin's Measure M2 eligibility package to the OCTA.
RESOLUTION NO. 21-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION ELEMENT,
AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM
RESOLUTION NO. 21-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT MANAGEMENT
PLAN FOR THE MEASURE M (M2) PROGRAM
9. RESOLUTION DECLARING ASSESSORS PARCEL NUMBERS 430-271-81 AND
PORTIONS OF 430-271-78, 80, 82, 84, 92, 93, 430-371-41, 42, 43, 44, 45, 46, 48,
51, 54, 73, 74, 76, 77 EXEMPT FROM THE REVISED SURPLUS LAND ACT
Resolution 21-50 will declare APN 430-271-81 and portions of 430-271-78, 80, 82,
84, 92, 93, 430-371-41, 42, 43, 44, 45, 46, 48, 51 , 54, 73, 74, 76, 77 exempt from
the revised Surplus Land Act (SLA) pursuant to California Government Code Section
54234 and the Final Surplus Land Act Guidelines Section 103 (b) (1) (A).
Motion: The City Council took the following actions:
1 . Adopted Resolution 21-50: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL
PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBERS 430-271-
City Council June 15, 2021
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81 AND PORTIONS OF 430-271-78, 80, 82, 84, 92, 93, 430-371-41, 42, 43,
44, 45, 46, 48, 51 , 54, 73, 74, 76, 77 EXEMPT FROM THE REVISED
SURPLUS LAND ACT PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 54234 AND THE FINAL SURPLUS LAND ACT GUIDELINES
SECTION 103 (b) (1) (A).
2. Authorized the City Manager to sign and direct staff to submit the appropriate
documentation to the California Department of Housing and Community
Development in connection with the Resolution.
RESOLUTION NO. 21-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS
PARCEL NUMBERS 430-271-81 AND PORTIONS OF 430-271-78, 80, 82, 84, 92,
93, 430-371-41, 42, 43, 44, 45, 46, 48, 51 , 54, 73, 74, 76, 77 EXEMPT FROM THE
REVISED SURPLUS LAND ACT PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 54234 AND THE FINAL SURPLUS LAND ACT GUIDELINES
SECTION 103 (b) (1) (A).
10. SURPLUS PROPERTY DECLARATION FOR ASSESSORS PARCEL NUMBERS
430-371-20, 22, 25, 26, 40, 59, 60, 43, 61, 67, 68 AND PORTIONS OF 430-371-39,
56, 57, 58 AND 77
Resolution 21-49 will declare APN 430-371-20, 22, 25, 26, 40, 59, 60, 61 , 67, and
68; and portions of 430-371-39, 56, 57, 58 and 77 as surplus property pursuant to
California Government Code Section 54221 .
Motion: The City Council took the following actions:
1 . Adopted Resolution 21-49: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL
PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBERS 430-371-
20, 22, 25, 26, 40, 59, 60, 61 , 67, AND 68; AND PORTIONS OF 430-371-39,
56, 57, 58 AND 77 AS SURPLUS PROPERTY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 54221 .
2. Authorized the City Manager to sign and direct staff to submit the appropriate
documentation to the California Department of Housing and Community
Development in connection with the Resolution.
RESOLUTION NO. 21-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS
PARCEL NUMBERS 430-371-20, 22, 25, 26, 40, 59, 60, 61 , 67, AND 68; AND
PORTIONS OF 430-371-39, 56, 57, 58 AND 77 AS SURPLUS PROPERTY
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221 .
City Council June 15, 2021
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11. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL
EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19)
Consider adoption of Resolution 21-52 determining that there is a need to continue
the local emergency relating to COVID-19 in accordance with Government Code
Section 8630.
Motion: Adopted Resolution No. 21-52 Determining the Need to Continue the Local
Emergency Regarding Novel Coronavirus (COVID-19).
RESOLUTION NO. 21-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY
REGARDING NOVEL CORONAVIRUS (COVID-19)
12. LEGISLATIVE UPDATE
Staff and the City's consultant (Townsend Public Affairs) have prepared a summary
of state legislative activity.
Motion: Received and filed the May 2021 Legislative and Tracking Matrix Updates.
REGULAR BUSINESS ITEMS 15-16
15. FISCAL YEAR 2021/22 BUDGET ADOPTION
Director of Finance Jason AI-Iman provided a PowerPoint presentation.
On May 24, 2021 , the City Council conducted a budget workshop on the Proposed
Biennial Budget and Capital Improvement Program for Fiscal Years 2021/22 and
2022/23. At the end of Fiscal Year 2022/23, General Fund Reserves are projected to
remain at or above the City Council's minimum reserve policy. Staff recommends
that the City Council proceed with the adoption of the budget for the First Year (Fiscal
Year 2021/22) of the 2021-2023 Biennial Budget and related resolutions.
Public Input— None
It was moved by Mayor Pro Tem Lumbard and seconded by Council Member
Gallagher to:
1. Adopt Resolution No. 21-41, Adopting the First Year (Fiscal Year 2021/22) of
the 2021-2023 Biennial Budget and Appropriating from the Anticipated
Revenues of the City for Fiscal Year 2021/22-1
2. Adopt Tustin Housing Authority Resolution No. 21-01 , Adopting the Housing
Authority Budget and Appropriating from the Anticipated Revenues of the
Authority for the Fiscal Year 2021/22-1
City Council June 15, 2021
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3. Adopt Resolution No. 21-43, Amending the City's Salary Schedule and the
Position Control Schedule consistent with the Proposed Budget for Fiscal Year
2021/22-1 and,
4. Adopt new Resolution No. 21-51 which was circulated to the Council on June
15, 2021, Authorizing a loan from the Land Held for Resale Fund to the Tustin
Water Enterprise Fund.
Roll Call — City Clerk
Motion carried: 5-0
RESOLUTION NO. 21-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING THE FIRST YEAR (FISCAL YEAR 2021/22) OF THE 2021-2023
BIENNIAL BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES
OF THE CITY FOR THE FISCAL YEAR 2021/22
TUSTIN HOUSING AUTHORITY RESOLUTION NO. 21-01 A RESOLUTION OF
THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING THE HOUSING AUTHORITY BUDGET AND APPROPRIATING FROM
THE ANTICIPATED REVENUES OF THE AUTHORITY FOR THE FISCAL YEAR
2021/22
RESOLUTION NO. 21-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE CITYWIDE SALARY SCHEDULE AND POSITION CONTROL
SCHEDULE
RESOLUTION NO. 21-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING A LOAN FROM THE LAND HELD FOR RESALE FUND TO THE
TUSTIN WATER ENTERPRISE FUND
16. TUSTIN CARES 2021 AND THE AMERICAN RESCUE PLAN ACT OF 2021
Director of Finance Jason AI-Iman provided a PowerPoint presentation.
As a continuation of the Tustin CARES program launched last year in response to
the onset of the global COVID-19 pandemic, $7.4 million from the American Rescue
Plan Act of 2021 (ARPA) are expected to be utilized to provide additional rounds of
aid and reinvestment into the Tustin community to respond to the public health
emergency, address related negative economic impacts, and to invest in water and
broadband infrastructure. A portion of ARPA funds are also expected to be utilized to
replace lost revenue related to the public health emergency for the provision of
government services through December 31, 2024.
Public Input— None
City Council June 15, 2021
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It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Cooper
to:
1 . Authorize the City Manager to Accept and Appropriate up to $7,380,784 of
American Rescue Plan Act funds to fund the Tustin CARES 2021 program for
COVID response, relief and reinvestment,
2. Authorize the City Manager to Accept and Appropriate the remaining
allocation of American Rescue Plan Act funds consistent with the spending
plan outlined within this report.
Roll Call — City Clerk
Motion carried: 5-0
OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
Announced, in correlation with the City of Tustin's Strategic Plan, the City is restarting the
permit parking process with a public workshop in the evening of July 7, 2021 ; more details
to come; city staff is finalizing a survey which will go out to the Tustin community to solicit
feedback before and after the workshop; announced this will be the beginning of a series of
workshops on permit parking.
Announced California State Governor Gavin Newsom has shared information over the past
few days for the re-opening of California from the Coronavirus pandemic; announced the
City is waiting for the Division of Occupational Safety and Health (CAL/OSHA) to reconvene
on June 17, 2021 to update the workplace guidelines; asked the public to standby as the
City gathers the new guidelines for re-opening.
City Attorney David E. Kendig
The Council will reconvene in Closed Session to discuss Items 1 , 2, 3 and 4 as they appear
on the Closed Session agenda.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Gallagher
June 2
Attended the Orange County Sanitation District (OCSD) Operations Committee meeting;
approved the fiscal year budget of 650 million; mentioned 224 million is designated for
Capital Improvement Projects (CIP) with 66% set for rehabilitation and repairs with the
balance for strategic initiative; shared how the OCSD's fiscal year budget mirrors the City
City Council June 15, 2021
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of Tustin's strategic planning efforts on fund allocation; stated a significant portion of their
CIP is for repair and rehabilitation.
Council Member Gomez
June 4
Attended the College and Career Preparatory Academy graduation.
June 5
Attended the Tustin Police Department's Virtual Open House event; was a great virtual open
house; enjoyed the question and answer portion of the event.
June 9
Attended the Orange County Vector and Mosquito Control District's Emerging Technologies
to Combat Invasive Mosquitoes workshop.
June 8
Attended Rancho Alamitos High School graduation.
June 11
Attended the Girls CIF Basketball Finals, Division 3 AA; congratulated the Sage Hill's Girls
Basketball team on winning the championship.
Council Member Cooper
No report.
Mayor Pro Tem Lumbard
Congratulated the Tustin Police Department for their Virtual Open House event on June 5,
2021 ; announced the Tustin Police Department does a great job on community outreach on
all platforms and is appreciated by the community.
June 10
Attended the Transportation Corridor Agencies (TCA) Board of Directors meeting; approved
the 2022 fiscal year budget of 280 million; announced a priority is to pay down long-term
debt.
Announced a happy belated Flag Day to everyone; was nice to see all the United States
flags displayed in the City; was moved by a Boy Scout Troop displaying a row of United
States flags in front of every house on a street in North Tustin.
June 15
Attended, with Mayor Clark, the Orange County Transportation Authority's (OCTA) South
Orange County Multimodal Transportation Study of Elected Officials Round Table; was
instructive to see how OCTA is currently approaching transportation and the challenges it
brings; looking at the opportunities for new technology in the future and how it impacts South
Orange County; what Tustin does also impacts South Orange County overall.
City Council June 15, 2021
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Encouraged everyone to participate on June 17, 2021 the world's largest swim lesson at
Blue Buoy Swim School at 8:00 AM; has attended this event in the past; mentioned to stay
aware about water safety; announced the City of Tustin's Water Safety Day event was held
a couple weeks ago on drowning prevention and water safety; as swimming increases
during the summer months, stay cognizant of the risk of water especially during large
gatherings; mentioned to always have someone watching and never swim alone.
Mayor Clark
Announced the community is busier than ever with the State of California re-opening.
Reiterated Mayor Pro Tem Lumbard's comments on the importance of drowning prevention
awareness; the City had a near drowning incident a few days ago; luckily someone was
around and able to revive a very young girl.
Attended Tustin Area Man and Woman of the Year event with Council Member Gallagher
and Council Member Cooper; recognized Woman of the Year, Patricia Machado and Man
of the Year, Richard Nelson; was a great event and was nice to attend in person.
Announced upcoming events:
• July 4t" Fireworks Show will be at Tustin High School; preregistration is required to
attend; visit the City of Tustin website for more information.
• City of Tustin and Orange County's One-Stop Mobile Employment Unit will be at the
Tustin Library from 11:00 AM — 4:00 PM on July 21 , 2021 .
• Concerts in the Park will be held on Wednesdays from 6:00 PM — 8:00 PM at
Peppertree Park.
• Movies in the Park will be held on Fridays at dusk; check the City of Tustin website
for locations as they will be at rotating City parks.
PUBLIC HEARING ITEM NO. 14 CONTINUED
City Attorney David E. Kendig: I'm informed that it's very clearly going to be a majority
protest of the vote that we are awaiting. The final tally isn't in yet but the outcome is very
clear. Our inclination, rather than reconvene in open session later, would be to report at the
next meeting what the final tally is but at this point it appears to be a clear majority protest.
ADJOURNED IN MEMORY OF JANE BAUER
A FORMER TUSTIN UNIFIED SCHOOL DISTRICT BOARD MEMBER
Council Member Gomez provided the adjournment remarks
City Council June 15, 2021
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Recessed to Closed Session at 7:37 p.m
ADJOURNED at 9:54 p.m. The next meeting is scheduled on Tuesday, July 6, 2021 for the
Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
City Council June 15, 2021
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Agenda Item 2
DS
Reviewed:
City Manager
Finance Director N/A
CITY OF TUSTIN SPECIAL JULY 9, 2021
MEETING OF THE CITY COUNCIL , VIDEO CONFERENCE
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 SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
5:00 P.M.
CALL TO ORDER at 5:00 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 anticipated litigation:
1 . 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)
City Council July 9, 2021
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Employee Organization- Tustin Police Support Service Association TPSSA
Employee Organization: Unrepresented Confidential Employees
Employee Organization: Unre resented Supervisory Employees
Employee Organization: Unrepresented Executive Management and Management
Employees
Employee Organization- Unrepresented Part-Time Employees
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
ADJOURNED at 6:04 p.m.
City Council July 9, 2021
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