HomeMy WebLinkAboutCC MINUTES 02.21.23City Council February 21, 2023
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MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER – #3035 at 5:30 p.m.
ROLL CALL – City Clerk
Present: Mayor Pro Tem Letitia Clark and Council Members Ryan Gallagher,
Rebecca Gomez and Ray Schnell
Absent: Mayor Austin Lumbard
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
to discuss Items 1 and 2 as they appear on the Closed Session agenda. There is a letter
on file with the City Clerk regarding Item No. 2.
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 - Significant
exposure to litigation pursuant to Government Code § 54956.9(d)(2) and (e)(5): (1
CITY OF TUSTIN REGULAR FEBRUARY 21, 2023
MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY,TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Letitia Clark, Mayor Pro Tem
Ryan Gallagher, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager
Rebecca Gomez, Council Member Erica N. Yasuda, City Clerk
Ray Schnell, Council Member David E. Kendig, City Attorney
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case)
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
Recessed to Closed Session at 5:31 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER – #3035 at 7:06 p.m.
INVOCATION – Council Member Gallagher
PLEDGE OF ALLEGIANCE – Council Member Gomez
PUBLIC INPUT –
1. Victor Alasti
2. Krista Kazarian
CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council took no
reportable action.
CONSENT CALENDAR ITEMS 1-9 –
Council Member Gallagher requested to pull Item No. 8.
Mayor Pro Tem Clark noted for the record that a revised attachment for Item No. 5 was
distributed to the Council and made available to the public.
Public Input – None
It was moved by Council Member Gallagher and seconded by Council Member Gomez to
pull Item No. 8 and approve the balance as recommended by staff.
Roll Call Vote – City Clerk
Motion carried: 4-0
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1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
Motion: That 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 FEBRUARY 7, 2023.
Motion: That the City Council approved the Action Minutes of the Regular Meeting
of the City Council held on February 7, 2023.
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 $918,853.62 and
Demands in the amount of $1,602,098.64.
4. COUNCIL AND COMMISSION TELECONFERENCING
Consider authorizing individual Council members and members of the City’s
Commissions to use teleconferencing consistent with the amended requirements of
the Brown Act.
Motion:
1. Authorized the use by members of the City Council and City Commissions of
teleconferencing in accordance with the Ralph M. Brown Act; and
2. Authorized each City Commission the option to disallow teleconferencing by
majority vote of that Commission.
5. FISCAL YEAR 2021-2022 AUDIT REPORTS
The financial statement audit for the 2021-2022 fiscal year has been completed by
Davis Farr LLP, which reflects an "unmodified", or clean opinion that the City's
financial statements for the fiscal year are presented fairly. Jennifer Farr, the audit
partner from Davis Farr LLP discussed the results of the audit with the Audit
Commission on January 26, 2023.
Motion: The City Council received and filed the fiscal year 2021-2022 audit reports.
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6. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY FOR THE QUARTER ENDING DECEMBER 31, 2022
Government Code Section 53646 requires that the Treasurer make an Investment
Report to the City Council at least quarterly showing balances by authorized
investment and certifying its compliance with the adopted Investment Policy.
Motion: Received and filed.
7. POLICE DEPARTMENT VEHICLE PURCHASE
On January 16, 2023, Patrol Unit 3409 was involved in a traffic collision. The vehicle
was inspected by our insurance adjuster and the at-fault driver's insurance adjuster.
The vehicle was deemed to be a total loss as a result of the collision and needs to
be replaced.
Motion: The City Council authorized:
1. The purchase of one (1) 2022 Dodge Durango pursuit-rated vehicle from the
National Auto Fleet Group in the City of Alhambra in the amount of
$49,851.76, as a replacement for one (1) total loss Dodge Charger.
2. The purchase of a police equipment conversion package for one (1) 2022
Dodge Durango pursuit-rated vehicle in the amount of $16,429.75.
3. The purchase of graphic designs from Digital Magic Signs for one (1) 2022
Dodge Durango pursuit-rated vehicle in the amount of $704.49.
4. The purchase of a Lakeman Chassis battery box for one (1) 2022 Dodge
Durango pursuit-rated vehicle in the amount of $187.61.
5. The purchase of a duty gear and electronics box from Innovative Emergency
Equipment for one (1) 2022 Dodge Durango pursuit rated vehicle in the
amount of $4,853.63.
6. The Public Works Department to dispose of the total loss vehicle at the
direction of the insurance company. If there are any proceeds as a result of
the disposal, credit the net proceeds to the applicable City Revenue Fund.
7. An appropriation from the Vehicle Replacement Fund in the amount of
$72,027.24 for the purchase and conversion of the 2022 Dodge Durango. The
Vehicle Replacement Fund will be reimbursed for the purchase upon
collection of any funds from the insurance claim.
8. AWARD CONTRACT FOR THE ALLEY GROVE PROMENADE PROJECT, CIP
NO. 20084
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Staff is requesting the City Council award a construction contract to the lowest
responsive/responsible bidder for the Alley Grove Promenade Project in Tustin
Legacy, CIP No. 20084, Brightview Landscape Development, Inc. ("Brightview").
It was moved by Council Member Gallagher and seconded by Council Member
Gomez to:
1. Deny the bid protest submitted by Marina Landscape, Inc. ("Marina") as to
Brightview;
2. Waive inconsequential bid deviations in the bid of Brightview, award a
construction contract in the amount of $3,437,030.44, for the Alley Grove
Promenade Project, CIP No. 20084 to Brightview as the lowest responsive
and responsible bidder, and authorize the Mayor and the City Clerk to execute
the contract documents on behalf of the City; and
3. Appropriate $884,700 from Land Sale Proceeds Fund (Fund 189) to fully fund
the project.
Roll Call Vote – City Clerk
Motion carried: 4-0
9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1534 ADDING PART
8 TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATED TO THE
ESTABLISHMENT OF A PUBLIC ART COMMISSION
Adoption of Ordinance No. 1534 amends the Tustin City Code by adding Part 8 to
Chapter 5 of Article 1 of the Tustin City Code establishing the Public Art Commission.
Motion: The City Council had second reading by title only and adoption of Ordinance
No. 1534.
ORDINANCE NO. 1534
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ADDING PART 8 TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE
RELATED TO THE ESTABLISHMENT OF A PUBLIC ART COMMISSION
REGULAR BUSINESS ITEMS 10-11
10. MID-YEAR BUDGET REVIEW FOR FISCAL YEAR 2022-2023
Director of Finance Jennifer King provided a PowerPoint presentation.
This report provides the City Council with a Mid-Year Budget Review of Fiscal Year
2022-2023, which projects General Fund operating revenues to be $2.2 million higher
than the adopted budget and General Fund operating expenditures to be $2.1 million
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higher than the amended budget; and projects General Fund Reserves of $27 million
at June 30, 2023 (or 30% of General Fund operating expenditures) which exceeds
the City Council's reserve policy of 15% to 20%.
Public Input – None
It was moved by Council Member Gomez and seconded by Council Member
Gallagher to:
1. Authorize an increase to the amended budget for General Fund revenues by
$2,166,700 based on projected amounts reflected within this report;
2. Authorize an increase to General Fund appropriations for City Clerk's Office
($22,307), Public Works ($279,541), and Non-Departmental ($2,585,704);
3. Authorize staffing changes to the Position Control List and approve Resolution
23-09, establishing classifications and salary ranges for Assistant Plan Check
Engineer, Associate Plan Check Engineer, Equipment Mechanic Leadworker,
and Water Treatment Leadworker;
4. Authorize supplemental appropriations of $438,100 from unappropriated
reserves of the Gas Tax Fund (Fund 130) for plant material rehabilitation,
contract engineering, and contract signal operation support;
5. Authorize supplemental appropriations of $62,000 from unappropriated
reserves of the Street Lighting District Fund (Fund 142) for increased energy
costs and new signals;
6. Authorize an increase of $114,000 to the state grant revenue budget in the
Solid Waste Fund (Fund 171) and ·supplemental appropriations of $215,000
from the same fund for costs related to implementing State Grant Senate Bill
(SB) 1383 Reduction of Organic Waste;
7. Authorize supplemental appropriations of $32,000 in the Special Events Fund
(Fund 180) for increased recreation services;
8. Authorize supplemental appropriations of $3,023,000 from unappropriated
reserves of the Water Enterprise Fund (Fund 300) for Beneta Well
construction costs, Pasadena Well equipment replacement, and increased
water purchase costs;
9. Authorize supplemental appropriations of $482,000 in the Water Capital Fund
(Fund 301) for Edinger Well maintenance, analysis, and engineering services;
10. Authorize supplemental appropriations of $288,500 in the Special Tax B Fund
(Fund 442) for a projected increase in special tax transferred to the General
Fund for public services at the Tustin Legacy area; and
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11. Authorize supplemental appropriations for capital projects outlined within this
report.
Roll Call Vote – City Clerk
Motion carried: 4-0
RESOLUTION NO. 23-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
UPDATING THE CITYWIDE SALARY SCHEDULE AND THE POSITION CONTROL
SCHEDULE
11. PARKS & RECREATION DEPARTMENT ANNUAL REPORT 2022
Director of Parks and Recreation provided a PowerPoint presentation.
The Parks & Recreation Department’s Annual Report summarizes the Department’s
activities throughout 2022.
Public Input – None
The City Council received and filed the Annual Report.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Schnell
February 8
Attended the Tustin Chamber of Commerce Luncheon event; received positive feedback on
how city staff interacts with the businesses; thanked all city staff for being responsive and
engaging to Tustin businesses.
February 14
Attended a meeting with Mayor Lumbard, Chief Greenberg and the Police Department
Command staff regarding the Tustin Unified School District (TUSD) safety protocols;
reported recently there have been multiple school threats on different campuses throughout
Tustin.
Will be attending the following Ribbon Cutting Ceremonies:
• February 27
The Parlor at Stafford Prime; an Italian takeout cafe; and
• March 1
Saddleback College and Advanced Technology and Education Park (ATEP) are
holding a campus groundbreaking; an amazing facility is going to be built there;
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focusing on the trades such as culinary and automotive technology and repair; very
proud of this project.
Stated will be attending the County of Orange’s State of the County event on March 7, 2023.
Council Member Gallagher
February 8
Attended the Orange County Sanitation District (OCSD) Administration Committee meeting.
February 9
Attended a Ribbon Cutting Ceremony event for the Orange County Rescue Mission Village
of Hope’s new playground; reported the In-N-Out Foundation granted funding for the
playground; reported is a great playground.
Reported Tustin is having a rise in crime in different communities; stated this is an
opportunity for the city to partner with community groups to help and implement crime
preventing solutions.
Council Member Gomez
February 8
• Gave blood at the City of Tustin Blood Drive event; reported a community member
stated their appreciation for the city to hold blood drives on city property.
• Visited the Senior Center’s Sweetheart Ball event; reported many seniors were
appreciative for the live music and expressed desire to have continued dance events.
February 11
Refereed the Tustin Community Foundation’s Paper Football Challenge event; thanked all
the sponsors, volunteers and participants for making the event successful.
February 13
Visited the Parks and Recreation Department’s Frontier Park Community Tile Mural;
reported the mural is beginning to take shape; thanked all the volunteers and staff for
making this public art project successful; stated lead artist, Mike Todd, has been a wonderful
presence for the project.
February 15
Attended the Tustin Effective Apartment Managers (TEAM) Luncheon event; reported
Tustin Police Department’s Police Officer, Bradley Schultz and Police Sergeant, Michael
VanCleve discussed safety concerns.
February 16
Attended the Orange County Mosquito and Vector Control District Board meeting and Open
House event; reported the following:
• District Manager, Rick Howard, was honored on his retirement and Lora Young was
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selected to be the new District Manager;
• District Council gave their annual report on Trusted Roles and Responsibilities;
• District staff presented the District’s 75th Anniversary in Review;
• Board of Trustees adopted a MOU with the Orange County Mosquito and Vector
Control District Employee Association; and
• Received updates on vector outreach and operational activities.
February 17
Visited Sabil USA, a Tustin nonprofit organization; shared the following information on Sabil
USA:
• Started in 2012 by Samar and Sahar Aziz to support the surge of vulnerable
immigrant families coming to the United States; reported the organization now helps
any family that needs assistance;
• In the past year, Sabil has served 600 individuals for mental health services,
including crisis intervention, teen counseling, suicide prevention and marriage
counseling; provided 5,000 individuals with rental and utility assistance, 18,000
individuals with food security for the entire year and prevented 250 individuals from
eviction and homelessness;
• Tustin residents are able to utilize the daily food pantry open from 10:00 A.M. – 4:00
P.M. Monday through Thursday; Sabil provides free dry goods, protein, dairy and
eggs; residents need to provide ID;
• Monthly drive-thru food distributions are hosted on the 3rd Sunday of the month; and
• Since 2012, Sabil has served 1.5 million people with food security;
To donate or volunteer please visit www.sabil.us for more information; Thanked the Sabil
USA organization for all their work in the Tustin community.
Mayor Pro Tem Clark
Thanked the Parks and Recreation Department for creating community connections during
the pandemic; commended them for their efforts and presentation.
Announced the following upcoming events:
March 7th
Arbor Day Tree Planting Ceremony
3:00 P.M.
Location: Columbus Tustin Park
March 10th
Annual Casino Night Fundraiser
7:00 P.M. – 10:00 P.M.
Location: Clifton C. Miller Community Center
March 11th
Annual Shredding Event
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8:00 A.M. – 12:00 P.M.
Location: Civic Center Parking Lot
ADJOURNED at 8:16 p.m. The next meeting is scheduled on Tuesday, March 7, 2023 for
the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
___________________________ _____________________________
AUSTIN LUMBARD, ERICA N. YASUDA,
Mayor City Clerk
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