HomeMy WebLinkAboutCC MINUTES 06.21.22DocuSign Envelope ID: 40458ODD-AADA-445D-AD8D-1E4D904EOF67
CITY OF TUSTIN REGULAR JUNE 21, 2022
MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY,TUSTIN
COUNCIL CHAMBER AND
VIDEO CONFERENCE
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager
Ryan Gallagher, Council Member Carrie Woodward, Acting City Clerk
Rebecca Gomez, Council Member David E. Kendig, City Attorney i
MINUTES OF THE 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 at 5:31 p.m.
ATTENDANCE — Acting City Clerk
Present: Mayor Austin Lumbard, Council Members Letitia Clark, Ryan Gallagher
and Rebecca Gomez
Absent: Mayor Pro Tem Barry W. Cooper
City Clerk: Carrie Woodward, Acting 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
to discuss Items 1 and 3 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): (3 cases)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
City Council June 21, 2022
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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
Recessed at 5:32 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND THE
TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — #3023 at 7:01 p.m.
INVOCATION - Pastor Jorge Molina — Mariners Church
PLEDGE OF ALLEGIANCE — Mayor Lumbard
PUBLIC INPUT —
1. Louise Warner (E -Comment)
2. John Garay (E -Comment)
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council
unanimously denied, with the exception of Mayor Pro Tem Cooper being absent, Claim Nos.
22-11, 22-19, 22-22, 22-24, 22-16. The Council took no other reportable action.
CONSENT CALENDAR ITEMS 1 — 10
It was moved by Council Member Clark and seconded by Council Member Gomez to
approve the Consent Calendar as recommended by staff.
Motion carried: 4-0
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
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Motion: The City Council waived the 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.
Motion: The City Council approved 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.
Motion: The City Council approved 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.
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.
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.
Motion: The City Council:
1. Selected the change in the California per Capita Personal Income as the price
factor for adjusting the Fiscal Year 2022/23 Appropriation Limit.
City Council June 21, 2022
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2. Adopted 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.
Motion: 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).
Motion: The City Council took the following actions:
1. Adopted the attached Measure M2 Seven -Year Capital Improvement Program
(CIP) (Fiscal Year 2022-2023 through Fiscal Year 2028-2029); and
2. Authorized 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.
Motion: The City Council:
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1. Adopted Resolution No. 22-36 accepting the Tustin Sports Park Playground
Renovation (CIP No. 20086), and
2. Authorized 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.
Motion: The City Council:
1. SUPPORTED position on SB 986 (Umberg) Vehicles: catalytic converters
2. Received and filed the updated legislative matrix as of June 9
3. Received and filed 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.
Motion: The City Council appointed 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
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consider the adoption of the recommended fees, which are proposed to take effect
on September 1, 2022.
Public Hearing opened at 7:05 p.m.
Public Hearing closed at 7:06 p.m.
It was moved by Council Member Gomez and seconded by Council Member
Gallagher to:
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.
Roll Call Vote — Acting City Clerk
Motion carried: 4-0
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
Assistant Planner Jorge Maldonado provided a PowerPoint presentation.
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.
Public Input — John Garay
Council Member Clark and Council Member Gomez requested Streamline Tustin be
submitted for the Turning Red Tape into Red Carpet award through the Orange
County Business Council (OCBC).
City Council June 21, 2022
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The City Council unanimously received and filed this item.
13. FISCAL YEAR 2022/23 BUDGET ADOPTION
Director of Finance Jason AI -Imam provided a PowerPoint presentation.
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.
It was moved by Mayor Lumbard and seconded by Council Member Gomez to:
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.
Roll Call Vote — Acting City Clerk
Motion carried: 4-0
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
City Council June 21, 2022
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OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
Council Member Gallagher
No Report.
Council Member Gomez
June 9
Attended the Orange County Library Advisory Board, Special meeting; reviewed bylaws and
address changes; reported the bylaws were revised to reflect current practice and to be in
accordance with the County format of committee bylaws.
.Bina A -1n
Attended four graduations from the County Access Schools; reported these schools
represented many Tustin residents.
June 14
Attended the Permit Parking Ad Hoc Committee meeting; discussed parking and permit
issues and potential solutions.
.Bina 1.r,
Attended the Tustin Effective Apartment Managers Luncheon event; reported Tustin Police
Behavioral Health Bureau Commander, Katarina Thomas, was the guest speaker and gave
a presentation on Tustin's progress for the Behavioral Health Response Unit since its
initiation in January 2022.
• Attended the Orange County Mosquito and Vector Control District, Policy and
Personnel Committee meeting; discussed personnel changes in the District.
• Attended the Orange County Mosquito and Vector Control District, Board of Trustees
meeting; discussed the personnel recommendations, annual audit letter, and the
annual report of expense reimbursements; received presentations on the vector and
operations outreach activities; reported the District was very proud to participate in
the Tustin Chili Cook Off and Street Fair event.
• Attended the Orange County League of Cities Dinner event at the Knotts Berry Farm
Hotel; reported District 65 Assembly Woman Sharon Quirk -Silva gave an update on
recent legislation and California State Governor Gavin Newsom's Office gave an
update on the May revise and opportunities for one-time funding; reported there was
considerable discussion and concern from the many Council Members in attendance
regarding starting programs with one-time funding that could not be sustained.
June 21
City Council June 21, 2022
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Helped honor the 2022 Superheroes of Tustin at the Tustin Community Foundation's
luncheon event; thanked all the volunteers in the Tustin community for their service.
Wished everyone a Happy Pride Month in the LGBTQ+ community; hoped everyone
enjoyed the Juneteenth holiday and wished everyone a belated Happy Father's Day.
Council Member Clark
Thanked the City for recognizing Juneteenth; reported many Americans across the nation
celebrated Juneteenth; stated Juneteenth has been heavily celebrated in the Black
community for years.
Thanked City staff for being responsive and implementing infographic and streamlining
communication to the community through the years; reported it is amazing to see the
requests accomplished year after year.
Mayor Lumbard
June 8
• Attended the Orange County Fire Authority (OCFA), Budget and Finance Committee
meeting; thanked Division Chief Baryic Hunter for attending the City Council meeting.
• Wished City Manager, Matthew S. West a belated Happy Birthday.
June 9
Attended the Transportation Corridor Agencies (TCA), Board of Directors meeting.
.hints 71
Attended the Tustin Community Foundation's 2022 Superheroes of Tustin luncheon event
at Congregation B'nai Israel with Council Member Gomez; mentioned the National Anthem
was very impressive.
Announced the following upcoming events:
June 23
13th Annual World's Largest Swimming Lesson
8:00-8:30 AM
Location: Blue Buoy Swim School
July 4
Fourth of July Celebration
6:00 PM - 8:00 PM
Location: Tustin High School
Every Friday beginning on July 8th
Movies in the Park
Movies start at Dusk
City Council June 21, 2022
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Please visit TUSTINMOVIES.COM for more information
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
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.
ADJOURNED at 7:58 p.m. 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.
Docu Signed by: Docu Signed by:
119DEE3867CO41A... SC7F39A6D9D84E2..
AUSTIN LUMBARD, CARRIE WOODWARD,
Mayor Acting City Clerk
City Council June 21, 2022
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