HomeMy WebLinkAbout00 CC AGENDA 6.21.22CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL r
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Council Member
Ryan Gallagher, Council Member
Rebecca Gomez, Council Member
JUNE 21, 2022
300 CENTENNIAL WAY,TUSTIN
COUNCIL CHAMBER AND
VIDEO CONFERENCE
Austin Lumbard, Mayor Matthew S. West, City Manager
Carrie Woodward, Acting City Clerk
David E. Kendig, City Attorney
NOTICE REGARDING PUBLIC PARTICIPATION
To watch the meeting, the public may observe the meeting in person in the Council Chamber
or via the City's Granicus service at: https://www.tustinca.org/282/Meetings-Agendas or on
the local Cox Channel 851.
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1. PARTICIPATING DURING A MEETING
Community members who wish to address the City Council during a public
meeting may attend the meeting in person or join through Zoom. By joining the
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browser at https://zoom.us/join, by entering the Meeting ID and Passcode below.
Meeting ID: 940 8640 1921
Passcode: 600222
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identify you when it is your time to speak. We suggest installing and testing the
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To join to the Zoom web conference from any phone (landline or wireless), dial
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City Council June 21, 2022
Meeting Agenda Page 1 of 9
When prompted use the below Meeting ID and Passcode:
Meeting ID: 940 8640 1921
Passcode: 600222
The City Clerk will identify you by the last 4 digits of your phone when it is your
time to speak.
When requested by the City Clerk, call-in users can unmute and mute their
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2. PROVIDE WRITTEN COMMENTS THROUGH THE E -COMMENT SYSTEM
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A. To submit an e -comment on an upcoming meeting agenda go to
https://tustin.granicusideas.com/meetings?scope=upcoming and
select the agenda item.
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c. Comments related to a particular agenda item will only be
considered prior to the close of public comments on that item
d. Comments on matters that are not on the agenda may be submitted
only until the "Public Comment" portion of the agenda is concluded.
For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the
meetings for those individuals with disabilities, so the City has established a process to
request a reasonable modification or accommodation consistent with the Americans with
Disabilities Act (ADA). If you would like to request a modification or accommodation due to
a disability, please call (714) 573-3025 as soon as is feasible, and identify the need and
the requested modification or accommodation. The City's ADA Coordinator or her
designee will receive the request and communicate in response to the request.
Items Distributed To The City Council Less Than 72 Hours Prior To Meeting: Pursuant to
Government Code section 54957.5, non-exempt public records that relate to one or more
open session agenda items and that are distributed to a majority of the City Council less
than seventy-two (72) hours prior to the meeting will be available for public inspection on
the electronic posting board located at 300 Centennial Way, Tustin, CA 92780.
City Council June 21, 2022
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CLOSED SESSION MEETING OF THE CITY COUNCIL AND THE COUNCIL ACTING
IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY
5:30 p.m.
CALL TO ORDER — #3023
ATTENDANCE — Acting City Clerk
PUBLIC INPUT — Members of the public may provide comments in writing, in person or in
real time via Zoom to address the City Council on items on the Closed Session Agenda.
CLOSED SESSION UPDATE — City Attorney David E. Kendig
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): (2 cases)
3. LIABILITY CLAIMS — [Government Code § 54956.95]: (5 cases)
A. Claim of Dan Darwish, Claim No. 22-11
B. Claim of Nicholas Britton, Claim No. 22-19
C. Claim of Abtin Kasravi, Claim No. 22-22
D. Claim of Kristen and Haley Sims, Claim No. 22-24
E. Claim of Catherine Davis, Claim No. 22-16
REGULAR MEETING OF THE CITY COUNCIL AND THE
TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — #3023
INVOCATION - Pastor Jorge Molina — Mariners Church
City Council June 21, 2022
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PLEDGE OF ALLEGIANCE — Mayor Lumbard
PUBLIC INPUT — At this time, any member of the public may address the Council on
matters which are not on this evening's agenda, provided the matter is within the subject
matter jurisdiction of the City Council.
CLOSED SESSION REPORT — City Attorney David E. Kendig
CONSENT CALENDAR ITEMS - All matters listed under the Consent Calendar are
considered to be routine and will be enacted by one motion without discussion. Persons
wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form
with the City Clerk. (Agenda Items 1 - 10)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
Recommendation: That the City Council waive reading in full of all ordinances and
resolutions on the agenda and declare that said titles which appear on the public
agenda shall be determined to have been read by title and further reading waived.
2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON JUNE 7, 2022.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on June 7, 2022.
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.
Recommendation: It is recommended that the City Council approve Payroll in the
amount of $912,294.00 and Demands in the amount of $5,303,303.30.
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.
Recommendation: Make the following findings by majority vote of the Council:
City Council June 21, 2022
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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.
5. APPROPRIATION LIMIT FOR THE FISCAL YEAR 2022/23
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 Fiscal Year 2022/23 Proposed Budget as
presented to the City Council on June 7, 2022.
Recommendation:
1. Select the change in the California per Capita Personal Income as the price
factor for adjusting the Fiscal Year 2022/23 Appropriation Limit.
2. Adopt Resolution No. 22-33 setting the appropriation limit for the Fiscal Year
2022/23 at $109,904,672.
RESOLUTION NO. 22-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL
YEAR 2022/23 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION
OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT
CODE
6. SET PUBLIC HEARING FOR WATER QUALITY REPORT ON PUBLIC HEALTH
GOALS (PHGs) 2019-2021
The California Health and Safety Code requires that water utility agencies with more
than 10,000 service connections prepare a report every three years and conduct a
public hearing to provide information to consumers on levels of contaminants in the
City's drinking water.
Recommendation: It is recommended that the City Council set a public hearing for
July 19, 2022 at 7:00 p.m. to receive and respond to public comments on the 2019-
2021 Public Health Goal Report.
7. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL PACKAGE,
FISCAL YEAR 2022-2023
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).
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Recommendation: It is recommended that the City Council take the following
actions:
1. Adopt the attached Measure M2 Seven -Year Capital Improvement Program
(CIP) (Fiscal Year 2022-2023 through Fiscal Year 2028-2029); and
2. Authorize the Director of Public Works/City Engineer to submit the City of
Tustin's Measure M2 eligibility package to the OCTA.
8. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE TUSTIN SPORTS PARK
PLAYGROUND RENOVATION (CIP NO. 20086)
The Tustin Sports Park Playground Renovation has been completed and the project
is ready for acceptance and filing of the Notice of Completion.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 22-36 accepting the Tustin Sports Park Playground
Renovation (CIP No. 20086), and
2. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's office.
RESOLUTION NO. 22-36
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 TUSTIN SPORTS
PARK PLAYGROUND RENOVATION (CIP NO. 20086)
9. LEGISLATIVE UPDATE
Staff and the City's consultant Townsend Public Affairs (TPA) have prepared a
summary of state legislative activity.
Recommendation:
1. Take a SUPPORT position on SB 986 (Umberg) Vehicles: catalytic converters
2. Receive and file the updated legislative matrix as of June 9
3. Receive and file legislative updates prepared by TPA
10. PUBLIC ART COMMITTEE APPOINTMENT
Due to a term expiration on the Public Art Committee, Council direction is needed to
fill the vacancy.
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Recommendation: It is recommended that the City Council appoint Medha Paliwal
to serve a four-year term on the Public Art Committee.
PUBLIC HEARING ITEM 11
11. ADOPTION OF A RESOLUTION UPDATING THE COMPREHENSIVE FEE
SCHEDULE
The Comprehensive User Fee Study, which was completed in May 2021 determined
the cost of providing services and ensured that user fees and charges do not exceed
the costs of providing services for 2021. Industry best practices recommend that a
comprehensive review of the cost of services and fees be performed every three to
five years. However, annually, the user fees should be updated to ensure that the
user fees are consistent with the cost of living and/or reflect any operational changes.
At this time, it is recommended that the City Council proceed with a public hearing to
consider the adoption of the recommended fees, which are proposed to take effect
on September 1, 2022.
Recommendation:
1. Conduct a public hearing on the proposed adoption of an update to the City's
Comprehensive Fee Schedule; and,
2. Adopt Resolution No. 22-21, Establishing and Adopting Updated
Development Processing Fees and Other City Rates, Charges, and User Fees
for Various Government Services.
RESOLUTION NO. 22-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ESTABLISHING AND ADOPTING UPDATED DEVELOPMENT PROCESSING
FEES AND OTHER CITY RATES, CHARGES, AND USER FEES FOR VARIOUS
GOVERNMENT SERVICES
REGULAR BUSINESS ITEMS 12 -13
12. SUMMARY OF PROJECTS — COMMUNITY DEVELOPMENT & PUBLIC WORKS
DEPARTMENTS
The following report provides a summary of projects and activities from the
Community Development and Public Works Departments to the Tustin City Council.
The report focuses on the status of projects that the Planning Commission, City
Council, Zoning Administrator, or staff approved; historic preservation projects; Code
Enforcement activities; major construction and improvement projects; and, other
items of interest.
Recommendation: That the City Council receive and file this item.
13. FISCAL YEAR 2022/23 BUDGET ADOPTION
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On June 7, 2022, the City Council conducted a budget workshop on the Proposed
Annual Operating Budget and Capital Improvement Program for Fiscal Year 2022/23,
which allocates resources that reflect the City Council's priorities set forth in the City's
five-year strategic plan. Staff recommends that the City Council proceed with the
adoption of the budget for the Second Year (Fiscal Year 2022/23) of the 2021-2023
Biennial Budget and related resolutions.
Recommendation:
Adopt Resolution No. 22-32, Adopting the Second Year (Fiscal Year 2022/23)
of the 2021-2023 Biennial Budget and Related Documents for Fiscal Year
2022/23;
2. Adopt Tustin Housing Authority Resolution No. 22-01, Adopting the Housing
Authority Budget and Appropriating from the Anticipated Revenues of the
Authority for the Fiscal Year 2022/23; and,
3. Adopt Resolution No. 22-37, Amending the City's Salary Schedule and the
Position Control Schedule consistent with the Proposed Budget for Fiscal Year
2022/23.
RESOLUTION NO. 22-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING THE SECOND YEAR (FISCAL YEAR 2022/23) OF THE 2021-2023
BIENNIAL BUDGET AND RELATED DOCUMENTS FOR FISCAL YEAR 2022/23
TUSTIN HOUSING AUTHORITY RESOLUTION NO. 22-01
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 2022/23
RESOLUTION NO. 22-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
UPDATING THE CITYWIDE SALARY SCHEDULE AND THE POSITION CONTROL
SCHEDULE
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURN IN MEMORY OF THE 5 MARINES KILLED IN AN MV -22B OSPREY CRASH
We are heartbroken about the tragic news of the helicopter accident that occurred last week.
If you have not seen it, an Osprey tiltrotor aircraft went down during a training exercise and
the crash resulted in the loss of five Marines. We have learned over the past days that these
Marines were from VMM Squadron 364 at Camp Pendleton, also known as the "Purple
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Foxes," which has been a part of the Tustin family for many years. The Tustin community is
proud of its rich military heritage and as testament to that appreciation, the City
ceremoniously adopted two Marine Squadrons with ties to the former MCAS Tustin. One of
those squadrons was the "Purple Foxes" VMM Squadron 364, who formed at the former
MCAS Tustin in 1961, before ultimately relocating to Camp Pendleton. On behalf of our
entire community, as the Mayor of Tustin, I'd like to express our deepest condolences as we
all mourn the loss of five Marines from the "Purple Foxes" Squadron 364:
• Corporal Nathan E. Carlson, 21, a Tiltrotor crew chief
• Captain Nicholas P. Losapio, 31, an MV -22B pilot
• Corporal Seth D. Rasmuson, 21, a Tiltrotor crew chief
• Captain John J. Sax, 33, an MV -22B pilot.
• Lance Corporal Evan A. Strickland, 19, a Tiltrotor crew chief
May God bless these Marines for their honorable service and provide peace to their families.
ADJOURNMENT - The next meeting is scheduled on Tuesday, July 5, 2022 for the Closed
Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council June 21, 2022
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