HomeMy WebLinkAbout02 CC MINUTES 10.19, 10.25, 11.1DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A
CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
Austin Lumbard, Mayor Pro Tem
Barry W. Cooper, Council Member
Rebecca Gomez, Council Member
Ryan Gallagher, Council Member
Agenda Item 2
Reviewed: °S
City Manager
Finance Director N/A
OCTOBER 19, 2021
300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER AND
VIDEO CONFERENCE
Letitia Clark, Mayor Matthew S. West, City Manager
Erica N.Yasuda, City Clerk
David E. Kendig, City Attorney
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:00 p.m.
CALL TO ORDER — #3007 at 5:01 p.m.
ATTENDANCE — City Clerk
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 UPDATE — City Attorney David E. Kendig: The City Council will
convene to discuss Items 1, 3, 4 and 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 — ANTICIPATED LITIGATION (1 case)
City Council October 19, 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code §
54957(d)(1)] — (1 case)
A. Title: City Manager
5. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION -
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1
case)
A. Officer -involved shooting of Luis Manuel Garcia on August 9, 2021
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
6:30 P.M.
CALL TO ORDER — #3007 at 6:39 p.m.
INVOCATION - Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE — Council Member Gallagher
PRESENTATIONS —
Tustin Community Foundation's Executive Director Erin Nielsen introduced Enderle
Center's General Manager Sharyn Cable. Ms. Cable introduced the 2019 Tustin Man of
the Year, Dr. Rick Nelson, and 2019 Woman of the Year, Dr. Patricia Machado, and donated
a check on behalf of the Enderle Center to the Tustin Community Foundaiton in honor of
the Man and Woman of the year recipients.
Mayor Clark presented a Proclamation to Orange County Hunger Alliance Hunger Relief
Worker Claudia Bonilla Keller in recognition of declaring October as Hunger Action Month.
PUBLIC INPUT— None
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council took no
reportable action.
City Council October 19, 2021
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CONSENT CALENDAR ITEMS 1-8 — It was moved by Mayor Pro Tem Lumbard and
seconded by Council Member Gomez to pull Item No. 8 and approve the balance of 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: 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 SPECIAL MEETING OF THE CITY COUNCIL
HELD ON OCTOBER 9, 2021 AND THE REGULAR MEETING OF THE CITY
COUNCIL HELD ON OCTOBER 5, 2021.
Motion: The City Council approved the Action Minutes of the Special Meeting of the
City Council held on October 9, 2021 and the Regular Meeting of the City Council
held on October 5, 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 $903,779.06; and
Demands in the amount of $4,192,363.55.
4. ADOPT RESOLUTION NO. 21-90 TO ACCEPT IMPROVEMENTS FOR THE
FISCAL YEAR 2020-2021 ROADWAY REHABILITATION AND SIDEWALK
REPAIR PROJECT, ZONE 2, CIP NO. 70020 AND AUTHORIZE THE CITY
ENGINEER TO FILE A NOTICE OF COMPLETION
Construction of the Fiscal Year 2020-2021 Roadway Rehabilitation and Sidewalk
Repair Project, Zone 2 (CIP No. 70020), has been completed to the satisfaction of
the City Engineer and is now ready for City Council acceptance.
Motion: The City Council took the following actions:
1. Adopted Resolution No. 21-90 accepting the construction of the Fiscal Year
2020-2021 Roadway Rehabilitation and Sidewalk Repair Project, Zone 2 (CIP
No. 70020); and
City Council October 19, 2021
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2. Authorized the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder's Office.
RESOLUTION NO. 21-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE
RECORDATION OF THE NOTICE OF COMPLETION FOR THE FY 2020-21
ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT, ZONE 2 (CIP
NO. 70020)
5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR ROADWAY REHABILITATION ON BRYAN AVENUE BETWEEN
RED HILL AVENUE AND BROWNING AVENUE AND ON RED HILL AVENUE
BETWEEN IRVINE BOULEVARD AND MELVIN WAY (CIP NO. 70020)
The plans and specifications for the Roadway Rehabilitation on Bryan Avenue from
Red Hill Avenue to Browning Avenue and Red Hill Avenue from Irvine Boulevard to
Melvin Way have been prepared and the project is now ready for bid. This project
replaces phase 2 of the Joint Project with the County of Orange for Roadway
Maintenance within Shared Boundary Areas that was approved by the City Council
on January 19, 2021. The contractor selected by the County supplied the City with a
bid that was higher than the County's Job Order Contracting pricing, and therefore
does not meet the procurement requirements associated with piggybacking on the
County's contract.
Motion: The City Council:
Adopted Resolution No. 21-93 approving the plans and specifications for the
Roadway Rehabilitation Bryan Avenue from Red Hill Avenue to Browning
Avenue and Red Hill Avenue from Irvine Boulevard to Melvin Way, CIP No.
70020,
2. Authorized the City Clerk to advertise to receive bids.
RESOLUTION NO. 21-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONS FOR ROADWAY REHABILITATION
ON BRYAN AVENUE BETWEEN RED HILL AVENUE AND BROWNING AVENUE
AND ON RED HILL AVENUE BETWEEN IRVINE BOULEVARD AND MELVIN WAY
(CIP NO. 70020) AND AUTHORIZING ADVERTISEMENT FOR BIDS
6. RESOLUTION DECLARING ASSESSORS PARCEL NUMBERS 434-431-13, 14,
15, 26, 27, 28 AND 434-441-23 EXEMPT FROM THE REVISED SURPLUS LAND
ACT
Resolution 21-88 will declare Assessors Parcel Numbers (APN) 434-431-13, 14, 15,
26, 27, 28 and 434-441-23 exempt from the revised Surplus Land Act (SLA) pursuant
to California Government Code Section 54234 and the Final Surplus Land Act
City Council October 19, 2021
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Guidelines Section 103 (b) (1) (A).
Motion: The City Council took the following actions:
1. Adopted Resolution 21-88: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL
PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBERS 434-431-
13, 14, 15, 26, 27, 28 AND 434-441-23 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.
7. APPROVAL OF AMENDMENT TO JOINT AGREEMENT FOR 800 -MEGAHERTZ
COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
The ability forfirst responders to maintain a common communication system is critical
and can significantly improve the delivery of services to the public. The 800 -
Megahertz Countywide Coordinated Communications System (CCCS) is a radio
system which enables interoperability among all participating city and county law
enforcement, fire, public works, and lifeguard/marine safety departments. The
system is licensed by the Federal Communications Commission for official
communications of the Orange County public safety agencies participating in the
system. The 800 -Megahertz CCCS Joint Agreement also allows all Orange County
cities to share in the cost of the operation and maintenance of the system. On June
22, 2021, the Orange County board of Supervisors approved a newly written Joint
Agreement for the Operation, Maintenance, and Financial Management of the
Orange County 800 Megahertz CCCS, which provides guidelines for the enhanced
operations and fiscal management of the system, and establishes Governance
Committee Bylaws. Approval of the rewritten Joint Agreement will ensure the City of
Tustin's continued partnership in the Orange County's public safety radio system.
Motion: The City Council authorized the approval of the "Amendment to the Joint
Agreement for the Operation, Maintenance and Fiscal Management of the Orange
County 800 -Megahertz Countywide Coordinated Communications System."
Approval of the rewritten Joint Agreement will ensure the City of Tustin's continued
partnership in the Orange County's public safety radio system.
8. 2021 CITYWIDE HISTORIC RESOURCES SURVEY UPDATE
The update to the City's Historic Resources Survey is part of the Planning
Commission as the Historic and Cultural Resources Advisor (HCRA) 2021 Annual
Work Program (Attachment A). The survey update has been prepared with the
assistance of Architectural Resources Group (ARG). Since November 2019, ARG
City Council October 19, 2021
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has completed a reconnaissance survey, an intensive -level survey, a database of
historic resources, and Primary Record forms for each identified property.
On August 10, 2021, the Planning Commission adopted the Citywide Historic
Resources Survey Update Report and authorized the Community Development
Director to finalize the report.
Council Member Gomez commented on the importance of this report which is a
valuable tool for the community to understand the history of the city, and commended
staff for the detailed report. Council Member Gomez confirmed with staff that this
report will be available on the website.
It was moved by Council Member Gomez and seconded by Mayor Pro Tem Lumbard
that the City Council receive and file the report.
Motion carried: 4-0
REGULAR BUSINESS ITEM 9
9. VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM ORDINANCE
AND IN -LIEU FEE
Ordinance No. 1491 was adopted in September of 2018 by adding Chapter 913 to the
Tustin City Code entitled "Voluntary Workforce Housing Incentive Program". The
Ordinance and In -Lieu Fee are applicable only if a developer proposes to "up zone"
property using the "Residential Allocation Reservation" process to add residential
units on property not currently zoned for residential uses within the Downtown
Commercial Core Specific Plan and the Red Hill Specific Plan areas.
At its August 17, 2021 meeting, the City Council requested that staff return to the
October 5, 2021 meeting for the Council to discuss potential policy direction options
regarding the City's Voluntary Workforce Housing Incentive Program Ordinance and
In -Lieu Fee. During that meeting, it was moved by Mayor Pro Tem Lumbard and
seconded by Council Member Gallagher to continue the item to the October 19, 2021
Council meeting.
City Council October 19, 2021
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Public Input —
1. Karissa DiStefano, Building Industry Association (submitted an e-mail and
addressed the Council in-person)
2. Tustin Planning Partnership (submitted e -comments)
3. Lisa Talmage (addressed the Council via Zoom)
4. Kimberly Adams (addressed the Council via Zoom)
5. The Kennedy Commission (submitted a letter)
It was moved by Mayor Clark and seconded by Mayor Pro Tem Lumbard to continue
this item to the next meeting.
Motion carried: 4-0
COUNCIL MEMBER COMMENTS AND REPORTS
Council Member Gallagher
October 6
Attended the Orange County Sanitation District Operations Committee meeting.
nr.tnhPr 11
Attended the Orange County Sanitation District Groundwater Replenishment Steering
Committee meeting.
Thanked Mayor Clark for the opportunity to attend the Municipal Water District of Orange
County (MWDOC) facilitative discussion; identified programs MWDOC can provide to the
City of Tustin as it relates to water efficiency; requested information from city staff on the
City's water use efficiency, specifically to how it relates to recent legislation such as SB 606
and AB 1668; sees an opportunity to improve water efficiency in the City.
Mayor Clark
Asked Council Member Gallagher if there was mention of the programs having grant funding
or opportunity to fund some of the work.
Council Member Gallagher
Announced there was no discussion on the programs having grant funding but believes
there are a lot of grants available for water use efficiency.
Council Member Gomez
Attended the Tustin Senior Advisory Board retreat; discussed goals and events for the
upcoming year; discussed the mission of the Tustin Area Senior Center; speaking more on
education and engagement resource development.
City Council October 19, 2021
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October 16
o Toured the Irvine Ranch Conservancy, great opportunity to see some of the open
space that is north of Tustin; interesting to see what the County of Orange terrain
looks like; it's phenomenal.
o Attended the Parks and Recreation Art Walk event; was very well organized; lots of
participants; thanked Parks and Recreation staff for their efforts in a successful
event.
Mayor Pro Tem Lumbard
Announced he agrees with Council Member Gallagher, in regards to water efficiency in
Tustin, would like more information on the topic.
October 14
Attended the Transportation Corridor Agencies Joint Board of Directors meeting; discussed
litigation matters as well as the performance review of the CEO Michael Kraman.
October 16
Received resounding compliments from those who attended the event; congratulated the
Parks and Recreation staff for their hard work.
Congratulated and thanked the 2019 Man and Woman of the Year Rick Nelson and Patricia
Machado for all their volunteer work they have done for the Tustin community; Tustin has a
special community of volunteers who make Tustin a wonderful place to live; proud to be a
part of the Tustin community; thanked all the volunteers who donate their time to the
community.
Mayor Clark
Upcoming Events
October 25
Proposed District Election Public Hearing #4
7:00 PM
Location: Council Chamber & Zoom
For more information visit DrawTustin.org
October 27
City of Tustin and Orange County One -Stop Mobile Employment Unit
10:00 AM - 4:00 PM
Location: Tustin Library
Visit oconestop.com/mobile-unit
October 28
Virtual Residential Parking Community Meeting #3
City Council October 19, 2021
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6:00 p.m.
Location: ZOOM
October 29
Halloween Howl
3:00 PM - 5:00 PM
Location: Columbus
Tustin Activity Center
Congratulated the Lumbard Family on their new addition to their family
ADJOURNED at 7:13 p.m. The next meeting is scheduled on Monday, October 25, 2021 for
the Closed Session Meeting at 5:00 p.m., the Regular Business Meeting at 6:30 p.m. and the
Public Hearing regarding the Proposed Transition to District Elections at 7:00 p.m.
City Council October 19, 2021
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CITY OF TUSTIN REGULAR MEETING
AND PUBLIC HEARING OF THE CITY
COUNCIL
Austin Lumbard, Mayor Pro Tem
Barry W. Cooper, Council Member
Rebecca Gomez, Council Member
Ryan Gallagher, Council Member
Agenda Item 2
Reviewed: °S
City Manager
Finance Director N/A
OCTOBER 25, 2021
+ 300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER AND
VIDEO CONFERENCE
Letitia Clark, Mayor Matthew S. West, City Manager
Erica N.Yasuda, City Clerk
David E. Kendig, City Attorney
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AT 6:30 P.M. AND
THE PUBLIC HEARING #4 REGARDING PROPOSED TRANSITION TO DISTRICT
ELECTIONS AT 7:00 P.M.
CALL TO ORDER — #3008 at 6:30 p.m.
ATTENDANCE — City Clerk
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
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Lumbard
PUBLIC INPUT— None
CONSENT CALENDAR ITEM 1
PUBLIC INPUT FOR THE CONSENT CALENDAR — None
It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gallagher to
approve the Consent Calendar.
Motion carried: 5-0
City Council October 25, 2021
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1. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS
In order for the Council to continue to have the option to meet via teleconference
during the pandemic, AB 361 requires the Council to make specified findings at least
every thirty (30) days.
Motion: Made the following findings by majority vote of the Council:
A. A state of emergency has been proclaimed by California's Governor due to
the COVID-19 pandemic and continues in effect; and
B. The Council has reconsidered the circumstances of the state of emergency;
and
C. State and local officials continue to recommend measures to promote social
distancing to slow the spread of COVID-19.
COUNCIL MEMBER COMMENTS AND REPORTS
Council Member Gallagher
October 21
Attended the Tustin Chamber of Commerce Tustin Block Party in Old Town event; thanked
staff, vendors, participants, and sponsors for their participation with the event; received a
lot of positive feedback; had a great time; was a great event.
Council Member Gomez
Deferred report until the next meeting.
Council Member Cooper
Announced he is looking forward to the State of the City on December 2, 2021.
Announced he is looking forward to the Tustin Community Foundation's Mayor's
Thanksgiving Breakfast on November 18, 2021.
Mayor Pro Tem Lumbard
nr.tnhPr 91
Attended the Tustin Chamber of Commerce Tustin Block Party in Old Town event; was a
great event.
Deferred rest of the report until the next meeting.
Mayor Clark
City Council October 25, 2021
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October 21
Attended the Tustin Chamber of Commerce Tustin Block Party in Old Town event; was a
great event; nice to see families dressed for Halloween; event has Council's support; hoping
to see similar events occurring in Old Town.
Announced she is holding virtual office hours this Friday, October 29, 2021; a few time slots
are still available.
Announced she will be attending the Halloween Howl this Friday, October 29, 2021 from
3:00-5:00 PM at the Columbus Tustin Activity Center.
Recessed at 6:37 p.m.
Reconvened at 7:00 p.m.
PUBLIC HEARING ITEM NO. 2
2. FOURTH PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY
REGARDING THE TRANSITION FROM AT -LARGE TO DISTRICT ELECTIONS,
SELECTION OF A DISTRICT MAP, SELECTION OF THE SEQUENCE OF
DISTRICT ELECTIONS, AND FIRST READING OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, ADDING SECTION 1309 TO CHAPTER 3 OF
ARTICLE 1 OF THE TUSTIN CITY CODE IMPLEMENTING BY -DISTRICT
ELECTIONS OF FOUR COUNCIL MEMBERS AND ESTABLISHING THE OFFICE
OF THE MAYOR TO BE ELECTED AT -LARGE
Public Hearing opened at 7:00 p.m.
Jen Nentwig, Tripepi Smith and Dr. Justin Levitt, National Demographics Corporation
provided a PowerPoint presentation.
The City received a letter from the Mexican American Legal Defense and Education
Fund (MALDEF) asserting that the City's at -large election system violates the
California Voting Rights Act (CVRA). MALDEF threatens litigation if the City declines
to voluntarily convert to district -based elections. On August 3, 2021 the City Council
adopted Resolution 21-64 declaring its intention to transition from at -large to district -
based elections, and to complete the transition in time for the 2022 General Municipal
Election. By voluntarily proceeding to transition to district -based elections, the City
benefits from a "safe harbor" provision in the CVRA that maximizes community
control and self-determination over the process of establishing districts and district
boundaries. The district transition process required two public hearings be held prior
to consideration of any draft maps. The first two public hearings occurred on
September 7th and September 17th. Additionally, two community workshops occurred
on August 31St and September 22nd. A third public hearing on the draft maps was
City Council October 25, 2021
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held 10:00 a.m. on Saturday, October 9t" and a fifth public hearing is scheduled for
7:00 p.m. on November 1St
During this fourth public hearing, the public is invited to provide input regarding
selection of one of the proposed district maps labeled 101 through 121 as posted on
DrawTustin.org (see Attachment 1) and regarding the proposed sequence of district
elections. After receiving community input, the City Council will consider selection of
one of the population -balanced proposed maps. Following selection of a district map
and sequencing of district elections, the City Council will consider introduction and
first reading of Ordinance No. 1518 (see Attachment 2) implementing a transition
from at -large to district -based elections for four Council Members and the Mayor
elected at -large.
Public Input — Yvonne Su (addressed the Council via Zoom)
Public Hearing closed at 7:47 p.m.
It was moved by Council Member Gomez and seconded by Mayor Clark to reopen
the public hearing to allow for additional public comments.
Motion carried: 4-1 (Council Member Cooper dissented)
Public Hearing reopened at 8:20 p.m.
Public Input —
1. Ronna
2. Anonymous
Public Hearing closed at 8:22 p.m.
The City Council:
1. Received a report on the districting process and permissible criteria to be
considered to create district boundaries and determine sequence of district
elections; and
2. Conducted a public hearing to receive public input regarding selection of a
district map and the sequence of district elections; and
Motion: It was moved by Council Member Gomez and seconded by Mayor Clark to
select Map 115.
Roll Call — City Clerk
Motion failed: 2-3 (Mayor Pro Tem Lumbard, Council Member Cooper and Council
City Council October 25, 2021
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Member Gallagher dissented)
Motion: It was moved by Council Member Gallagher and seconded by Council
Member Cooper to select Map 113, the Mayor (as a four-year term) and District 3 in
2022.
Roll Call — City Clerk
Motion carried: 3-2 (Mayor Clark and Council Member Gomez dissented)
It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Cooper
to introduce and have first reading of Ordinance No. 1518, An Ordinance of the City
Council of the City of Tustin, California, Adding Section 1309 to Chapter 3 (City
Council) of Article 1 (Administration) of the Tustin City Code Implementing By -District
Elections of Four Council Members and Establishing the Office of the Mayor to be
Elected At -Large.
Roll Call — City Clerk
Motion carried: 5-0
ORDINANCE NO. 1518
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING SECTION 1309 TO CHAPTER 3 (CITY COUNCIL) OF
ARTICLE 1 (ADMINISTRATION) OF THE TUSTIN CITY CODE IMPLEMENTING
BY -DISTRICT ELECTIONS OF FOUR COUNCIL MEMBERS AND ESTABLISHING
THE OFFICE OF THE MAYOR TO BE ELECTED AT -LARGE
Recessed at 8:30 p.m.
Reconvened at 8:37 p.m.
City Attorney David E. Kendig read Ordinance No. 1518 into the record in its
entirety.
ADJOURNED at 8:50 p.m. The next meeting is scheduled on Monday, November 1, 2021
for the Closed Session Meeting at 5:00 p.m., the Regular Business Meeting at 6:30 p.m and
the Public Hearing regarding the transition to district elections at 7:00 p.m.
City Council October 25, 2021
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CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
Austin Lumbard, Mayor Pro Tem
Barry W. Cooper, Council Member
Rebecca Gomez, Council Member
Ryan Gallagher, Council Member
Agenda Item 2
Reviewed: DS
City Manager
Finance Director N/A
NOVEMBER 1, 2021
+ 300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER AND
VIDEO CONFERENCE
Letitia Clark, Mayor Matthew S. West, City Manager
Erica N.Yasuda, City Clerk
David E. Kendig, City Attorney
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
6:30 P.M.
PUBLIC HEARING AND ADOPTION OF ORDINANCE TO TRANSITION TO DISTRICT
ELECTIONS AT 7:00 P.M.
CALL TO ORDER — #3009 at 6:32 p.m.
INVOCATION — Pastor Fred Snider, Grace Harbor Church
PLEDGE OF ALLEGIANCE — Council Member Cooper
PUBLIC INPUT — None
CONSENT CALENDAR ITEMS 1-2 — It was moved by Mayor Pro Tem Lumbard and
seconded by Council Member Cooper to approve the Consent Calendar as recommended
by staff.
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.
City Council November 1, 2021
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2. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS
In order for the Council to continue to have the option to meet via teleconference
during the pandemic, AB 361 requires the Council to make specified findings at least
every thirty (30) days.
Motion: Made the following findings by majority vote of the Council:
a. A state of emergency has been proclaimed by California's Governor due to
the COVID-19 pandemic and continues in effect; and
b. The Council has reconsidered the circumstances of the state of emergency;
and
c. State and local officials continue to recommend measures to promote social
distancing to slow the spread of COVID-19.
REGULAR BUSINESS ITEM 3
3. VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM ORDINANCE
AND IN -LIEU FEE
Ordinance No. 1491 was adopted in September of 2018 by adding Chapter 913 to the
Tustin City Code entitled "Voluntary Workforce Housing Incentive Program". The
Ordinance and In -Lieu Fee are applicable only if a developer proposes to "up zone"
property using the "Residential Allocation Reservation" process to add residential
units on property not currently zoned for residential uses within the Downtown
Commercial Core Specific Plan and the Red Hill Specific Plan areas.
At its August 17, 2021 meeting, the City Council requested that staff return to the
October 5, 2021 meeting for the Council to discuss potential policy direction options
regarding the City's Voluntary Workforce Housing Incentive Program Ordinance and
In -Lieu Fee. During that meeting, it was moved by Mayor Pro Tem Lumbard and
seconded by Council Member Gallagher to continue the item to the October 19, 2021
Council meeting. At the October 19, 2021 meeting, the item was continued again.
Public Input —
1. Karen Alves (in-person)
2. Karissa DiStefano (in-person)
3. Neil Sherman (Zoom)
4. Sheena Innocente (Zoom)
5. Kimberly Adams (Zoom)
6. Lisa Talmage (Zoom and submitted e -comments)
7. Rich Gomez (Zoom)
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It was moved by Council Member Gomez and seconded by Mayor Clark to maintain
the policy as is.
Motion carried: 3-2 (Mayor Pro Tem Lumbard and Council Member Gallagher
dissented)
PUBLIC HEARING ITEM 4
4. FIFTH PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY
REGARDING THE TRANSITION FROM AT -LARGE TO DISTRICT ELECTIONS
AND SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, ADDING SECTION 1309 TO CHAPTER 3 OF
ARTICLE 1 OF THE TUSTIN CITY CODE IMPLEMENTING BY -DISTRICT
ELECTIONS OF FOUR COUNCIL MEMBERS AND ESTABLISHING THE OFFICE
OF THE MAYOR TO BE ELECTED AT -LARGE
City Attorney David E. Kendig provided introductory remarks.
On October 25, 2021, the City Council conducted the first reading of Ordinance No.
1518, adding Section 1309 to Chapter 3 of Article 1 of the Tustin City Code
implementing a transition from at -large to district -based elections for four Council
Members and establishing the Office of the Mayor to be elected at -large.
Public Hearing opened at 7:10 p.m.
Public Input —
1. Robert Collar (e -comments)
2. Public Comments received through DrawTustin.org were distributed to the
Council)
3. John (e -comments)
4. Lee Fink (Zoom)
5. Kimberly Adams (Zoom)
6. Lisa Talmage (Zoom)
Public Hearing closed at 7:20 p.m.
It was moved by Mayor Pro Tem Lumbrd and seconded by Council Member
Gallagher to waive full reading and read by title only Ordinance No. 1518 and adopt
Ordinance No. 1518.
Motion carried: 3-2 (Mayor Clark and Council Member Gomez dissented)
ORDINANCE NO. 1518
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING SECTION 1309 TO CHAPTER 3 (CITY COUNCIL) OF
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ARTICLE 1 (ADMINISTRATION) OF THE TUSTIN CITY CODE IMPLEMENTING
BY -DISTRICT ELECTIONS OF FOUR COUNCIL MEMBERS AND ESTABLISHING
THE OFFICE OF THE MAYOR TO BE ELECTED AT -LARGE
OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
Thanked city staff, consultants Tripepi Smith and National Demographic Corporation for
their hard work with the District Election process; thanked residents for attending the five
Public Hearings, giving their time and input; process was completed in a very compressed
time frame; thanked the entire team, thanked the public and thanked the City Council for
their time and the many discussions on the topic; informed the public the last off cycle
meeting is completed; next Regular City Council meeting will be held on Tuesday,
November 16, 2021.
Mayor Clark
Thanked city staff for their due diligence; making sure the District Election process stayed
in compliance; thanked city staff for making sure City Council was as informed as possible
before every Public Hearing; appreciated the additional hours put in to make sure the
process was completed.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Gallagher
No report.
Council Member Gomez
October 8
Attended the Orange County Emergency Medical Care Committee meeting; following items
were discussed:
o Announced the Paramedic Advisory Committee now allows for paramedics to deliver
COVID and flu vaccines;
o Transportation Advisory Committee completed their annual Ambulance Inspection;
o Medical Director reported there's still a substantial spread of COVID but the infection
hospitalization rates were improving;
o Ambulance diversion due to impacted facilities was still in reasonable turnaround
time even during the COVID surge; there was concern over staff availability which
was impacting care delivery;
o Discussed the oil spill which occurred in Huntington Beach;
o Emergency Medical Services Fee Study was completed, which means ambulance
rates have increased.
October 28
Attended the Orange County Library Advisory Board meeting; announced to be on the look-
out for:
o Individuals can now check-out a Book Club Bag which is a bag that has ten (10)
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copies of a book which can be checked -out for six (6) weeks and includes a guide
for discussion;
o Kindergarten readiness backpacks with thirteen (13) domains of learning, as well as
guides for parents;
o Craft opportunities;
o Number of online career resources for those looking for employment; please visit the
library website and click on Jobs and Careers;
o Tustin Library is back to their full hours, their hours before the COVID-19 pandemic;
o Advisory Board asked for a calendar of events for specific library locations, rather
than one (1) County calendar;
o All locations have expanded their Wifi during library business hours;
o Tustin Library has Family Story Time on Mondays at 10:30 A.M. and 11:30 A.M., and
on Saturdays at 9:00 A.M.;
o Tustin Library has an in-person Book Club every second Tuesday of the month at
5:30 P.M. and a Spanish Book Club the third Thursday of the month at 5:30 P.M;
please contact the library for more information or visit the website at www.ocpl.org.
October 29
Attended the Tustin Halloween Howl at the Columbus Tustin Community Center; lots of
participants; thanked the volunteers who gave their time working the event; congratulated
the Parks and Recreation Department for hosting a safe and fun event.
October 31
Attended the Tustin Public Schools Foundation, 30th Anniversary Dino Dash event; was the
vision of the late Nancy Cast and Linda Jennings who co-founded the Tustin Public Schools
Foundation; they began to mobilize the community to fund raise, and laid the ground work
for what the Foundation is today.
Thanked city staff and Council colleagues during the District Elections process; was a very
intense process with lots of meetings; thanked the public members who submitted maps
and comments; thanked everyone for their efforts during the process.
Mayor Pro Tem Lumbard
Appreciated the commodore between Council colleagues on recent agenda items, even
though there has been split votes on items; appreciated and thanked them for their
commitment to the Tustin community; appreciated everyone's hard work.
Mayor Clark
October 29
Attended the Tustin Halloween Howl at the Columbus Tustin Community Center;
congratulated Chad Clanton, Director of Parks and Recreation and his department for
hosting such a wonderful event; enjoys the Parks and Recreation events the most, most
diverse members of the Tustin community attend those events; announced Parks and
Recreation Department does a great job of marketing and advertising throughout the entire
city.
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October 31
Attended the Tustin Public Schools Foundation's 30th Anniversary Dino Dash event; many
elected officials in attendance. Mayor Farrah N. Khan, City of Irvine, Senator Dave Min,
Supervisor Donald P. Wagner, District Attorney Todd Spitzer were in attendance along with
Council Member Gomez; everyone seemed to be happy to be in attendance.
Attended the Orange County Council of Governments (OCCOG) Board meeting.
Attended the Orange County Fire Authority (OCFA) Board meeting.
Announced Upcoming Events
November 11
Veterans Day Celebration: Hometown Hero Picnic
12:00 P.M. - 5:00 P.M.
Location: Veterans Sports Park
November 17
Orange County Council of Governments (OCCOG), General Assembly
Time: 8:00 A.M.-4:00 P.M.
All elected officials in Orange County are able to attend.
November 18
Mayor's Thanksgiving Breakfast
7:00 A.M.
Location: Salvation Army Tustin Ranch Church
Council Member Cooper
Admired the involvement Tustin community members had with the District Election process;
a lot of time and a lot of commitment was given from everyone during the process;
announced even though Council colleagues may not have agreed on everything, it's
apparent everyone wants what's best for the Tustin community; appreciated everyone's
efforts during the process.
October 31
Enjoyed seeing all the kids out trick -or -treating in the neighborhoods; wonderful to see
residents out and enjoying themselves.
Announced the Tustin Boys and Girls Club Gala on Saturday, November 6th; encouraged
everyone to attend.
ADJOURNED at 7:43 p.m. The next meeting is scheduled on Tuesday, November 16, 2021
for the Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m.
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