HomeMy WebLinkAbout02 CC MINUTES 11.1.22City Council November 1, 2022
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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
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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
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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
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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.
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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
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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
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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
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• 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
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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.
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