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HomeMy WebLinkAbout02 CC MINUTES 11.1.22City Council November 1, 2022 Meeting Minutes Page 1 of 9 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3029 at 5:30 p.m. ATTENDANCE – City Clerk Present: Mayor Austin Lumbard, Mayor Pro Tem Barry W. Cooper and Council Members Letitia Clark, 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 be convening in Closed Session to discuss Items 3, 4 and 5 as they appear on the agenda including conference with its real property negotiators David Kendig and Derick Yasuda. 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): (1 case) 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) CITY OF TUSTIN REGULAR NOVEMBER 1, 2022 MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY,TUSTIN COUNCIL CHAMBER Barry W. Cooper, Mayor Pro Tem Letitia Clark, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager Ryan Gallagher, Council Member Erica N. Yasuda, City Clerk Rebecca Gomez, Council Member David E. Kendig, City Attorney Agenda Item 2 Reviewed: City Manager ______ Finance Director N/A DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16 City Council November 1, 2022 Meeting Minutes Page 2 of 9 3. LIABILITY CLAIMS – [Government Code § 54956.95]: (4 cases) A. Claim of Alberto Rocca, Claim No. 22-32 B. Claim of Monica Lopez, Claim No. 22-35 C. Claim of Brenda Ramirez, Claim No. 22-36 D. Claim of Hoa Le, Claim No. 22-38 4. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] A. Title: City Manager 5. 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 at 5:31 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3029 at 7:16 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion PUBLIC INPUT – 1. Dr. Frank Gomez (in-person) 2. Ronna Weltman (in-person) 3. Jordan Weltman (in-person) 4. Jennifer Golden (in-person) 5. Leslie Cox (in-person) 6. Marie Luebbers (Zoom) CLOSED SESSION REPORT – City Attorney David E. Kendig: The City Council unanimously denied Claim Nos. 22-32, 22-35, 22-36 and 22-38 filed by Alberto Rocca, Monica Lopez, Brenda Ramirez, and Hoa Le. Noted for the record, under the Brown Act which controls local legislative meetings, public comment is an opportunity to present your thoughts and comments but the Council is not allowed to respond to questions so please DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16 City Council November 1, 2022 Meeting Minutes Page 3 of 9 understand that. CONSENT CALENDAR ITEMS 1-8 – Council Member Gomez requested to pull Item No. 7. Public Input- John Garay It was moved by Council Member Gomez and seconded by Mayor Pro Tem Cooper to pull Item No. 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 OCTOBER 18, 2022. Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on October 18, 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 $1,002,034.54 and Demands in the amount of $3,064,317.09. 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 DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16 City Council November 1, 2022 Meeting Minutes Page 4 of 9 B. The Council has reconsidered the circumstances of the state of emergency; and C. Local health officials continue to recommend measures to promote social distancing. 5. FY2021 URBAN AREA SECURITY INITIATIVE (UASI) GRANT The City of SANTA ANA, in its capacity as a Core City for the Anaheim/Santa Ana Urban Area, has applied for, received and accepted a grant entitled "FY 2021 Urban Areas Security Initiative" (UASI) Grant Program. This grant is from the Federal Department of Homeland Security, Federal Emergency Management Agency, through the State of California's Office of Emergency Services. It is intended to enhance countywide emergency preparedness, and to help the Operational Area prevent, respond to, and recover from acts of terrorism, as set forth in the grant guidelines and assurances that are incorporated into the Agreement by reference. The Office of Grants and Training has awarded $5,113,750.00 to the City o f SANTA ANA for use in the Anaheim/Santa Ana Urban Area, for the performance term of September 1, 2021 through March 31, 2024 (FY2021). In which, the grant period for sub-recipients (City of Tustin) can be awarded through the period August 10, 2022 to March 31, 2024. The funds are now available for distribution throughout the Operational Area, and the City of Tustin, as a Sub -Recipient, is authorized to participate in the grant funding. Motion: The City Council: 1. Adopted Resolution 22-50, designating the Chief of Police or his designee as the City's authorized representative for the FY 2021 UASI grant. 2. Approved the FY 2021 UASI Transfer Agreement between the City of Santa Ana and the City of Tustin. RESOLUTION NO. 22-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY’S AUTHORIZED REPRESENTATIVE FOR THE FY 2021 URBAN AREAS SECURITY INITIATIVE (UASI) 6. FRONTIER PARK MOSAIC TILE MURAL PUBLIC ART PROJECT At their October 19, 2022, Regular Meeting, the Community Services Commission recommended forwarding the design for the Frontier Park Mosaic Tile Mural approved by the Public Art Committee to the City Council for final consideration. Motion: The City Council adopted Resolution 22-54 approving the design for the Frontier Park Mosaic Tile Mural, which was created via a public input process led by artist Mike Tauber. DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16 City Council November 1, 2022 Meeting Minutes Page 5 of 9 RESOLUTION NO. 22-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE ARTWORK AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE ARTIST 7. TUSTIN CITY CODE UPDATE - SOLID WASTE CHAPTER Public Works Manager Stacey Cuevas provided a PowerPoint presentation. On November 16, 2021, the City Council approved changes to the Tustin City Code (TCC) to ensure the City complies with Senate Bill 1383 requirements. Specifically, the Solid Waste Chapter was updated to require that all properties subscribe to recycling services for traditional dry recyclables as well as organics if they generate those materials. Staff has spent the last year implementing recycling programs and working with CalRecycle on plans to ensure all customers are fully compliant by December 31, 2023. Through this work, staff has identified TCC revisions that will assist in timely implementation of recycling programs throughout the community. It was moved by Council Member Gomez and seconded by Mayor Lumbard to conduct first reading by title only of Ordinance No. 1530 amending Chapter 3 of Article 4 of the Tustin City Code related to solid waste. Motion carried: 5-0 ORDINANCE NO. 1530 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 8. SALARY RESOLUTION FOR UNREPRESENTED PART-TIME NONBENEFITTED EMPLOYEES Adoption of the attached Resolution will authorize modified terms and conditions of employment for unrepresented Part-Time Non-Benefitted employees as a result of an upcoming increase in the State minimum wage. Motion: The City Council adopted Resolution No. 22-53 for Part-Time Non- Benefitted employees. RESOLUTION NO. 22-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION FOR UNREPRESENTED PART-TIME NON- BENEFITTED EMPLOYEES AND SUPERSEDING RESOLUTION 21-83 PUBLIC HEARING ITEM 9 DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16 City Council November 1, 2022 Meeting Minutes Page 6 of 9 9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1529 (AMENDING CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN CITY CODE AND ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE, RELATED MODEL CODES WITH CERTAIN APPENDICES, AND SUPPLEMENTAL REGULATIONS, AND ADOPTING AMENDMENTS THERETO) Adoption of Ordinance No. 1529 amends the 2022 Building Standards Code with certain Appendices and supplemental regulations. Resolution No. 22 -43 is the accompanying resolution that provides express findings that such changes or modifications are reasonably necessary due to local climatic, geological or topographical conditions for the City of Tustin. Public Hearing opened at 7:41 p.m. Public Input – None Public Hearing closed at 7:41 p.m. It was moved by Council Member Gallagher and seconded by Council Member Clark to: 1. Adopt Resolution No. 22-43 setting forth findings as to local climatic, geological or topographical conditions within the City of Tustin which make it reasonably necessary to make certain amendments to the 2022 Building Standards Code; and 2. Have second reading by title only and adoption of Ordinance No. 1529. Motion carried: 5-0 ORDINANCE NO. 1529 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING CODE AMENDMENT 2022-0006 AMENDING CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN CITY CODE AND ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE, RELATED MODEL CODES WITH CERTAIN APPENDICES, AND CERTAIN SUPPLEMENTAL REGULATIONS, INCLUDING: THE CALIFORNIA BUILDING CODE, 2022 EDITION, ADDING APPENDIX Q; THE CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; THE CALIFORNIA FIRE CODE, 2022 EDITION, INCLUDING APPENDICES B, BB, C, CC, AND H; THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; THE CALIFORNIA PLUMBING CODE, 2022 EDITION; THE CALIFORNIA MECHANICAL CODE, 2022 EDITION; THE CALIFORNIA ELECTRICAL CODE, 2022 EDITION; THE CALIFORNIA ENERGY CODE, 2022 EDITION; THE CALIFORNIA HISTORICAL BUILDING CODE, 2022 EDITION; THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; THE CALIFORNIA REFERENCED STANDARDS CODE, 2022 EDITION; THE UNIFORM HOUSING CODE, 1997 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16 City Council November 1, 2022 Meeting Minutes Page 7 of 9 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2021 EDITION; WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS. RESOLUTION NO. 22-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE NECESSARY CERTAIN MODIFICATIONS AND CHANGES TO THE 2022 CALIFORNIA BUILDING STANDARDS CODE REGULAR BUSINESS ITEM 10 10. SUMMARY OF PROJECTS – COMMUNITY DEVELOPMENT & PUBLIC WORKS DEPARTMENTS Assistant Director of Community Development Irma Huitron 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. The City Council received and filed this item. COUNCILMEMBER COMMENTS AND REPORTS Council Member Gomez October 20 • Attended a Women in Leadership Luncheon event; former California State Senator, Russ Feingold, was the featured speaker; mentioned Feingold is President of the American Constitution Society based in Washington D.C. • Attended the Orange County Mosquito and Vector Control District Board meeting; approved normal business warrants and reviewed financials; reviewed the legal services contract for the increase in fees for the District’s legal counsel; received updates on the vector activity for the previous month and year -to-date; reported communications outreach, activities and operational updates were given. • Attended the Tustin Chamber of Commerce Mixer event at Casa Del Sol. October 22 Attended the Tustin Dollars for Scholars Italian Fest Fall Fundraiser event with Mayor Pro Tem Cooper. October 27 DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16 City Council November 1, 2022 Meeting Minutes Page 8 of 9 • Attended the Orange County Library Advisory Board meeting; reported there was a lack of quorum to conduct business; reported the following updates were given: Irvine satisfied funds, literacy in the OC Read program and the Health Care Outreach and Engagement Partnership program; discussed a Career Online High School through the Orange County Public Library system. • Attended the Tustin Chamber of Commerce 2nd Annual Halloween Block Party event. November 1 Attended the Girls Inc. of Orange County Champions for Girls Luncheon event; reported the event primarily benefits the College Bound program for young women; stated this program serves over 100 high school senior girls in Orange County and works with them toward their college acceptance; reported the event was very successful in fundraising; stated is a great program in Orange County. Encouraged everyone to vote next week. Council Member Gallagher October 26 Attended the Orange County Sanitation District (OCSD) Board meeting; reported the District has their State of the District event on November 15, 2022 at 9:00 A.M.; the event is open to the public to attend and hear from the General Manager and Board Members on the District’s accomplishments over the past year; following the State of the District event, there will be a virtual tour of the District’s plant; reported the tour is impressive to see. October 27 Attended the Tustin Chamber of Commerce 2nd Annual Halloween Block Party event in Old Town Tustin; was a great event; commended the Parks and Recreation staff for supporting the event with a fun and engaging booth at the event. Council Member Clark Encouraged everyone to vote; stated City Hall is a voting center for in -person voting; reminded everyone election day is on November 8, 2022. Commented on the attack advertisement mailers sent out; mentioned these attack ads do not represent Tustin; stated she has enjoyed serving collegially with two separate City Councils and they always find a way to work together among their differences. Mayor Pro Tem Cooper Thanked Director of Parks and Recreation Services, Chad Clanton, for supporting the Tustin Chamber of Commerce 2nd Annual Halloween Block Party event; reported a job well-done by the Parks and Recreation staff. October 22 Attended the Tustin Dollars for Scholars Italian Fest Fall Fundraiser event with Council DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16 City Council November 1, 2022 Meeting Minutes Page 9 of 9 Member Gomez; was a well-attended event. Mayor Lumbard October 26 Attended the Tustin Community Foundation bi-monthly nonprofit and inner faith forum. October 27 Attended the Orange County Fire Authority (OCFA) Board of Directors meeting; finalized the purchase agreement and strategy for two new helicopters. October 28 Held Mayoral Office Hours; was a great opportunity to talk with residents and hear their concerns. Wished his son, Hunter, a soon to be Happy Birthday. Announced the following upcoming events: November 5th Household Hazardous Waste Disposal 8:00 A.M. – 4:00 P.M. Location: 235 E. Main Street (Main Street Water Facility) Call 714-573-3350 for more information November 5th Senior Resource Fair 9:00 A.M. – 11:00 A.M. Location: Tustin Senior Center This free event will feature an array of health services and representatives Call 714-573-3371 for more information November 11th Veterans Day Celebration and Car Show 10:00 A.M. – 2:00 P.M. Location: Veterans Sports Park Call 714-426-2453 for more information ADJOURNED at 8:02 p.m. The next meeting is scheduled on Tuesday, November 15, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16