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Home My WebLink AboutCC MINUTES 12.07.21 DocuSign Envelope ID:737AE1 B6-2002-4FE7-8743-0165FB1 C006A CITY OF TUSTIN REGULAR DECEMBER 7, 2021 MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER AND 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 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 p.m. CALL TO ORDER — #3011 at 5:02 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 PUBLIC INPUT — None CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene in Closed Session to discuss Items 1-3 as they appear on the Closed Session agenda, including conferring with its labor negotiators David Kendig and Derick Yasuda and will discuss potential joining litigiation regarding National Prescription Opioid litigation US District Court, Nothern District Ohio Case No. 117-MD-2804. 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) City Council December 7, 2021 Meeting Minutes Page 1 of 12 DocuSign Envelope ID:737AE1 B6-2002-4FE7-8743-0165FB1 C006A 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. CONFERENCE WITH LABOR NEGOTIATOR — pursuant to Government Code § 54957.6: (1 case) A. Unrepresented employee: City Manager, Matthew S. West Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources Recessed to Closed Session at 5:03 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY 6:30 P.M. CALL TO ORDER — #3011 at 6:35 p.m. INVOCATION — Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE — Mayor Pro Tem Lumbard PRESENTATION — Mayor Clark presented her 2021 Accomplishments. PUBLIC INPUT — 1 . Cody Mendoza, representative from Congresswoman Katie Porter's Office, presented Certificates of Recognition to Mayor Clark and Mayor Pro Tem Lumbard. 2. Ash Avandi, representative from Senator Min's Office, presented Certificates of Recognition to Mayor Clark and Mayor Pro Tem Lumbard. 3. Al Murray, representative from Supervisor Wagner's Office, presented to Mayor Clark and Mayor Pro Tem Lumbard. Mayor Pro Tem Lumbard presented the Mayor's gavel to Mayor Clark for her service during 2021 . CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. City Council December 7, 2021 Meeting Minutes Page 2 of 12 DocuSign Envelope ID:737AE1 B6-2002-4FE7-8743-0165FB1 C006A CONSENT CALENDAR ITEMS 1-13 — PUBLIC INPUT FOR CONSENT CALENDAR ITEMS 1 . John Garay (e-comment regarding Item No. 5) It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Cooper to pull Item 7 and approve the balance 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. 2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 16, 2021 Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on November 16, 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 $907,841 .13; and Demands in the amount of $1 ,661 ,124.44. 4. 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 City Council December 7, 2021 Meeting Minutes Page 3 of 12 DocuSign Envelope ID:737AE1 B6-2002-4FE7-8743-0165FB1 C006A 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. 5. ADOPT RESOLUTION NO. 21-105 AMENDING COUNCIL POLICY REGARDING COUNCILMEMBER REQUESTS TO ADD ITEMS TO CITY COUNCIL AGENDAS As unanimously directed by the City Council at their November 16, 2021 meeting, Resolution No. 21-105 amends Council policy regarding Councilmember requests to add items to City Council agendas. The process includes two main steps. The first step being a written request co-signed by another Councilmember be submitted to the City Manager to agendize the item under the heading "Matters which Council Members have asked to be placed on a Future Agenda". The second step requires an affirmative vote of three Councilmembers in order to agendize the item for full discussion and consideration at a subsequent City Council meeting. Motion: The City Council adopted Resolution No. 21-105, a Resolution of The City Council of The City of Tustin, California, amending Council policy regarding Councilmember requests to add items to City Council agendas. RESOLUTION NO. 21-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING COUNCIL POLICY REGARDING COUNCILMEMBER REQUESTS TO ADD ITEMS TO CITY COUNCIL AGENDAS 6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1517 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS) Adoption of Ordinance No. 1517 amends Chapter 2 of Article 9 of the Tustin City Code, revising the City's regulations pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling units (JADUs) in compliance with 2019 Senate Bill (SB) 13 and Assembly Bills (AB) 68, and 881 (collectively "ADU State Law"). Motion: The City Council: 1 . Had second reading by title only and adoption of Ordinance No. 1517. ORDINANCE NO. 1517 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTIONS 9221a1 , 9222a5, 9223a7, 9224b1 , 9228a7, 9244d8, 9252j2, 9263g, 9264b8, 9271jj, 9297, and 9299b1 i AND ADDING SECTION 9279 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS 7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1516 (WATER SHORTAGE CONTINENCY PLAN) City Council December 7, 2021 Meeting Minutes Page 4 of 12 DocuSign Envelope ID:737AE1 B6-2002-4FE7-8743-0165FB1 C006A Adoption of Ordinance No. 1516 approves updating the Water Management Plan to incorporate changes outlined in the 2020 WSCP. The changes are the result of the California Legislature amending the Urban Water Management Planning Act in 2018 which, among other things, mandated the City develop and adopt a Water Shortage Contingency Plan (WSCP) with prescribed elements as part of the Urban Water Management Plan (UWMP). Mayor Pro Tem Lumbard noted for the record that the Council received a letter from the California Pool and Spa Association and Pool and Hot Tub Alliance regarding the restrictions of Shortage Level 4. It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gomez to: 1 . Have second reading by title only and adoption of Ordinance No. 1516. Motion carried: 5-0 ORDINANCE NO. 1516 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE NECESSITY FOR AND AMENDING THE WATER MANAGEMENT PLAN 8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1519 (SOLID WASTE CHAPTER) Adoption of Ordinance No. 1519 amends Chapter 3 of Article 4 of the Tustin City Code pertaining to municipal solid waste and divertable materials. Motion: The City Council: 1 . Had second reading by title only and adoption of Ordinance No. 1519. ORDINANCE NO. 1519 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4, CHAPTER 3 OF THE TUSTIN CITY CODE PERTAINING TO MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS 9. HOUSING SUCCESSOR AGENCY ANNUAL REPORT FOR FISCAL YEAR 2020- 2021 In accordance with Senate Bill 341's amendments to Health & Safety Code Section ("HSC") 34176.1(f), the Tustin Housing Authority, serving as the Housing Successor Agency to the former Tustin Community Redevelopment Agency, has prepared an annual report for filing with the Tustin Housing Authority Commission and the Tustin City Council. Motion: City Council December 7, 2021 Meeting Minutes Page 5 of 12 DocuSign Envelope ID:737AE1 B6-2002-4FE7-8743-0165FB1 C006A The Tustin Housing Authority Commissioners took the following actions: • Receive and file the Housing Successor Agency Annual Report for Fiscal Year("FY") 2020-2021 and transmit such report to the Tustin City Council. The City Council took the following actions: • Receive and file the Housing Successor's Annual Report for FY 2020-2021 . • Direct that a copy of the Housing Successor Agency Annual Report be posted on the City of Tustin's website at www.tustinca.org 10. AWARD CONTRACT FOR THE 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) Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Roadway Rehabilitation on Bryan Avenue from Red Hill Avenue to Browning Avenue and on Red Hill Avenue from Irvine Boulevard to Melvin Way, CIP No. 70020. Motion: The City Council awarded a construction contract to the lowest responsive/responsible bidder, PALP Inc. dba Excel Paving Company in the amount of $416,400.00, for the Bryan Avenue and the Red Hill Avenue street rehabilitation, CIP No. 70020 and authorized the Mayor and the City Clerk to execute the contract documents on behalf of the City. 11. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer/traffic impact fees, and funds expended by the City, which satisfy the Maintenance of Effort (MOE). The Orange County Transportation Authority (OCTA) established the MOE benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds; the City's required MOE expenditure for Fiscal Year 2020-21 is $1,697,045. This figure will remain the same through Fiscal Year 2022-23. Motion: The City Council adopted Resolution No. 21-96, adopting the Measure M2 Expenditure Report for Fiscal Year 2020-2021 (attached), and directed staff to file the report with the Orange County Transportation Authority. RESOUTION NO. 21-96 City Council December 7, 2021 Meeting Minutes Page 6 of 12 DocuSign Envelope ID:737AE1 B6-2002-4FE7-8743-0165FB1 C006A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONCERNING THE MEASURE M2 (M2) EXPENDITURE REPORT FOR THE CITY OF TUSTIN, CALIFORNIA 12. MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 200 SOUTH B STREET The Mills Act is State legislation that provides for reduced property taxes on a historic property if the property owner agrees to maintain and preserve the property for a minimum of ten (10) years. On June 16, 1997, the adoption of City Council Resolution No. 97-50 authorized the implementation of a Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft Historic Property Preservation Agreement (Agreement) for the property located at 200 South B Street Owner: Joseph Heredia Location: 200 South B Street (Assessor's Parcel Number: 401-562-01) Motion: The City Council adopted Resolution No. 21-102 authorizing the execution of a Historic Property Preservation Agreement (commonly referred as Mills Act Contract) with Mr. Joseph Heredia, the owner of the property located at 200 South B Street. RESOLUTION NO. 21-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 200 SOUTH B STREET, TUSTIN, CALIFORNIA 13. MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 450 WEST THIRD STREET The Mills Act is State legislation that provides for reduced property taxes on a historic property if the property owner agrees to maintain and preserve the property for a minimum of ten (10) years. On June 16, 1997, the adoption of City Council Resolution 97-50 authorized the implementation of a Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft Historic Property Preservation Agreement (Agreement) for the property located at 450 West Third Street. Owner: Shannon and Charles McCance Location: 450 West Third Street (Assessor's Parcel Number: 401-363-08) Motion: The City Council adopted Resolution No. 21-103 authorizing the execution of a Historic Property Preservation Agreement (commonly referred to as Mills Act City Council December 7, 2021 Meeting Minutes Page 7 of 12 DocuSign Envelope ID:737AE1 B6-2002-4FE7-8743-0165FB1 C006A Contract)with Mr. and Mrs. McCance, the owners of the property located at 450 West Third Street. RESOLUTION NO. 21-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 450 WEST THIRD STREET, TUSTIN, CALIFORNIA REGULAR BUSINESS ITEM 14 14. MAYOR AND MAYOR PRO TEM SELECTION The City Council selects those members of the Council who will serve as Mayor and Mayor Pro Tem for the following year. Selection of Mayor Council Member Gomez nominated Mayor Clark to serve as Mayor. Mayor Clark seconded. Council Member Gallagher nominated Mayor Pro Tem Lumbard to serve as Mayor. Council Member Cooper seconded. Roll Call Vote for Mayor Clark to serve as Mayor— City Clerk Motion failed: 2-3 (Mayor Pro Tem Lumbard, Council Member Cooper and Council Member Gallagher dissented) Roll Call Vote for Mayor Pro Tem Lumbard to serve as Mayor— City Clerk Motion carried: 4-1 (Council Member Gomez dissented) Selection of Mayor Pro Tem Council Member Gallagher nominated Council Member Cooper to serve as Mayor Pro Tem. Mayor Lumbard seconded. Council Member Clark nominated Council Member Gomez to serve as Mayor Pro Tem. Council Member Gomez seconded. Roll Call Vote for Council Member Cooper to serve as Mayor Pro Tem — City Clerk Motion carried: 3-2 (Council Member Clark and Council Member Gomez dissented) City Council December 7, 2021 Meeting Minutes Page 8 of 12 DocuSign Envelope ID:737AE1 B6-2002-4FE7-8743-0165FB1 C006A OTHER BUSINESS/CITY MANAGER REPORT City Manager Matthew S. West Congratulated former Mayor Clark and former Mayor Pro Tem Lumbard for serving this past year; congratulated incoming Mayor Lumbard and Mayor Pro Tem Cooper; looks forward to the 2022 New Year. City Attorney David E. Kendig Seconded City Manager Matthew S. West's thoughts; appreciated Mayor Clark's service; congratulated Mayor Lumbard and Mayor Pro Tem Cooper; looks forward to working with them. COUNCILMEMBER COMMENTS AND REPORTS Council Member Gallagher November 17 Attended the Orange County Sanitation District Board meeting. December 1 Attended the Orange County Sanitation District Operations Committee meeting; reported the committee moved forward with investing in innovative technology; stated the staff of the Orange County Sanitation District brought the technology forward to the committee; encouraged City staff to seek out similar innovative technology. December 2 Attended the City of Tustin's State of City event; was a fantastic event; was very impressed with the presentation and creativity of the video. December 4 Attended the Tustin Police Department's Santa Cop Drive-Thru event; was inspired by the generosity at the event; Tustin is truly blessed with its Police Department. Council Member Gomez November 17 Attended the Mayor's Thanksgiving Breakfast event; was great to see community leaders at the breakfast; was inspired to hear all the great work that is being accomplished by all the local nonprofits. November 18 Attended the Orange County Vector and Mosquito Control Board meeting; reported the board approved a resolution to remain with remote meetings; was provided an overview of the 75th Anniversary activities and its communication outreach to the Orange County cities; reported the approval of staffing changes following the resignation of one staff member to provide more cover and service throughout the County; renewed the contract to perform aerial adult mosquito control services. City Council December 7, 2021 Meeting Minutes Page 9 of 12 DocuSign Envelope ID:737AE1 B6-2002-4FE7-8743-0165FB1 C006A November 20 Reported the Tustin Senior Center held a Community Yard Sale event; was a great success. December 2 Reported was unable to attend the City of Tustin's State of City event; heard it was a resounding success. Congratulated former Mayor Clark on a productive and successful year as Mayor; congratulated incoming Mayor Lumbard and Mayor Pro Tem Cooper. Council Member Clark Thanked the Tustin Community Foundation for the Mayor's Thanksgiving Breakfast event; the event went very well; reported the keynote speaker, President of California State University, Fullerton, Fram Virjee's presentation was inspiring. Thanked city staff for a great State of the City event; was a great opportunity to come together safely outside; the video was fun and fitting for the current times; announced the video will be available to the public soon; encouraged everyone to be kind and gracious to each other; thanked Communications Manager, Stephanie Najera, production studio, Studio Three Sixty, and everyone involved. Thanked everyone for an amazing year as Mayor; congratulated incoming Mayor Lumbard and Mayor Pro Tem Cooper. Mayor Pro Tem Cooper Attended most city events; stated the Mayor's Thanksgiving Breakfast and the State of the City events were both great; shared the making of the State of the City video was fun to participate in; was glad to have the community come together and support Tustin at those events. Thanked former Mayor Clark for a job well-done as Mayor this past year; congratulated incoming Mayor Lumbard. Mayor Lumbard Reserved reports for next City Council Meeting. Expressed he is grateful for the civility and professionalism with all Council Members; stated this Council comes to an understanding, even with non-agreeing matters, and moves forward in a respectful manner. Thanked former Mayor Clark for her leadership; under demanding circumstances she was able to get some big things done this past year; was a pleasure working with her as Mayor; enjoys former Mayor Clark's professional congeniality. City Council December 7, 2021 Meeting Minutes Page 10 of 12 DocuSign Envelope ID:737AE1 B6-2002-4FE7-8743-0165FB1 C006A Congratulated incoming Mayor Pro Tem Cooper; reported it will be busy year ahead and looks forward to working together. Recognized Tustin is a very special place; stated he will work with the Council to make Tustin better; appreciates the Council's support. ADJOURNED IN MEMORY OF TUSTIN UNIFIED SCHOOL DISTRICT TEACHER AND ADMINISTRATOR DIANE AUST Council Member Gomez provided remarks: Diane Aust pasted away on November 19, 2021 ; she lived more than 60 years of her life in Tustin. She spent her entire career as an educator and administrator in the Tustin Unified School District. Once she retired in 2004, she continued to devote her time and energy to serving the community in various volunteer capacities. As an employee of the Tustin Unified School District, she taught at Loma Vista Elementary School and Hewes Middle School. In 1997, she became the assistant principal at Hewes Middle School and remained there until she retired in 2004. She was awarded District Teacher of the Year in 1992. For 22 years, Diane and her husband, Jerry, gave up their spring break to take more than 2500 Hewes Middle School students to Washington D.C. and other historical sites. It took years, but I finally found a memorial that she and Jerry did not know. She was an active member of the California Association of Director of Activities and was inducted into its hall of fame in 2009. Diane was a member of the board of directors for the Tustin Area Council for Fine Arts for almost 20 years, assisting with their activities, such as, Broadway in the Park. She was an active member of the local chapter of the Delta Kappa Gamma Society for Outstanding Women Educators. Diane was a loyal supporter of the Tustin Public Schools Foundation (TPS). She was a member of the Dino Dash committee from the very beginning, nearly 30 years ago. She volunteered at every event and program with the Tustin Public Schools Foundation. She was a valued advisor and will always be a member of the TPS family. In 2018, the Tustin School Management Association awarded her and Jerry their Community Service Award recognizing their decades of service to the Tustin Unified community. Diane has left her mark on the greater Tustin community and her impact will live on in the students that benefit from her generous contributions. I met Diane during her tenure at Hewes Middle School over 20 years ago. She was a friend to everyone and greeted everyone with that wonderful smile and enthusiasm for everything she did. Diane and Jerry were fixtures in our community, attending and supporting many community organizations and events. A summer favorite was the Concerts in the Park, where her former students, City Council December 7, 2021 Meeting Minutes Page 11 of 12 DocuSign Envelope ID:737AE1 B6-2002-4FE7-8743-0165FB1 C006A colleagues and friends could spend time with her. Diane will be missed by the entire Tustin community. Please keep her family in your thoughts. Rest in peace my friend. ADJOURNED at 7:17 p.m. The next meeting is scheduled on Tuesday, December 21 , 2021 for the Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m. DocuSigned by: DocuSigned by: AUS 'LUBARD, ERIC '°°YA49A Mayor City Clerk City Council December 7, 2021 Meeting Minutes Page 12 of 12