HomeMy WebLinkAbout02 CC MINUTES 3.7.23City Council March 7, 2023
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MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER – #3036 at 5:38 p.m.
ROLL CALL – City Clerk
Present: Mayor Pro Tem Letitia Clark and Council Members Ryan Gallagher and
Ray Schnell
Absent: Mayor Lumbard and Council Member Rebecca Gomez
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 City Council will be
convening in Closed Session to discuss Items 3, 4, 5 and 6 as the y appear on the agenda,
including consultation with its labor negotiator 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
CITY OF TUSTIN REGULAR MARCH 7, 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
Agenda Item 2
Reviewed:
City Manager ______
Finance Director N/A
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of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant
exposure to litigation pursuant to Government Code § 54956.9(d)(2) and (e)(5): (1
case)
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Government Code § 54956.9(a): (1 case)
A. Orange County Superior Court Case No. 30-2019-01105734, Ambrose v. City
of Tustin
5. LIABILITY CLAIMS – [Government Code § 54956.95]: (2 cases)
A. Claim No. 22-49, Claim of Sunil and Varsha Daryanani
B. Claim No. 23-01, Claim of Kathy Furen
6. LABOR NEGOTIATIONS – [Government Code § 54957.6]
Agency
Negotiators:
Derick Yasuda, Director of Human Resources and Peter Brown,
Liebert Cassidy Whitmore
Employee
Organization:
Tustin Police Support Service Association (TPSSA)
Recessed to Closed Session at 5:40 p.m.
Mayor Lumbard arrived at 7:00 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER – #3036 at 7:03 p.m.
INVOCATION – Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE – Council Member Schnell
PUBLIC INPUT – None
CLOSED SESSION REPORT – City Attorney David E. Kendig: By a vote of 3-0, with Mayor
Lumbard and Council Member Gomez absent, the Council denied Claim No. 23 -01. The
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Council took no action on Claim No. 22-49. Also, by a vote of 3-0, the Council approved a
settlement in the litigation of Ambrose vs. the City of Tustin which calls f or a payment of
$150,000 towards the settlement pool in exchange for a release of all claims and dismissal
of the lawsuit. Other than that, there was no reportable action.
CONSENT CALENDAR ITEMS 1-8 –
Council Member Gallagher requested to pull Item No. 5.
It was moved by Mayor Pro Tem Clark and seconded by Council Member Gallagher to pull
Item No. 5 and approve the balance as recommended by staff.
Roll Call Vote – Mayor Lumbard
Motion carried: 4-0
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 FEBRUARY 21, 2023.
Motion: The City Council approved the Action Minutes of the Regular Meeting of the
City Council held on February 21, 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 $947,941.29 and
Demands in the amount of $3,803,348.30.
4. ADOPT RESOLUTION NO. 23-07 TO ACCEPT IMPROVEMENTS FOR THE
NEWPORT AVENUE PAVEMENT REHABILITATION PROJECT BETWEEN 1-5
AND HOLT AVENUE (CIP NO. 70244) AND BETWEEN SYCAMORE AVENUE
AND 1-5 (CIP NO. 70245) AND AUTHORIZE THE CITY ENGINEER TO FILE A
NOTICE OF COMPLETION
Construction of the Newport Avenue Pavement Rehabilitation Project between 1 -5
and Holt Avenue (CIP No. 70244) and between Sycamore Avenue and 1 -5 (CIP No.
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70245) has been completed to the satisfaction of the City Engineer and is now ready
for City Council acceptance.
Motion: The City Council:
1. Adopted Resolution No. 23-07 accepting the construction of the Newport
Avenue Pavement Rehabilitation Project between 1 -5 and Holt Avenue
(CIP No. 70244) and between Sycamore Avenue and 1-5 (CIP No. 70245);
and
2. Authorized the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder's Office.
RESOLUTION NO. 23-07
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 NEWPORT
AVENUE PAVEMENT REHABILITATION PROJECT BETWEEN I-5 AND HOLT
AVENUE, CIP NO. 70244, AND BETWEEN SYCAMORE AVENUE AND I-5, CIP
NO. 70245
5. APPROVE REIMBURSEMENT AGREEMENT WITH EAST ORANGE COUNTY
WATER DISTRICT FOR CITY'S PORTION OF CONSTRUCTION COSTS
RELATED TO THE OC-43 WALNUT VAULT REPLACEMENT PROJECT AND
AUTHORIZE EXECUTION OF MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF TUSTIN AND EAST ORANGE COUNTY WATER DISTRICT
RELATIVE TO JOINT USE OF TURNOUT FACILITY VAULTS
Council Member Gallagher recused himself due to his company having a contract
with East Orange County Water District.
The East Orange County Water District (EOCWD) provides imported water supply to
the City through various imported water connections. EOCWD has identified a project
to replace and improve the OC-43 imported water connection. EOCWD engaged the
City during the design phase and has developed a reimbursement agreement for
components and improvements specific to the City's needs to operate and control
imported water entering the City's water system.
Concurrently, EOCWD and the City engaged in a process to clarify ownership,
controls and operations of imported water conn ections, commonly referred to as
"turnout facilities", and established a Memorandum of Understanding (MOU) to
memorialize the joint use of these facilities.
It was moved by Mayor Pro Tem Clark and seconded by Council Member Schnell to :
1. Approve the Reimbursement Agreement with East Orange County Water
District for the City's costs related to the replacement of the OC-43 Walnut
Vault Replacement Project;
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2. Authorize the City Manager to execute the Reimbursement Agreement for OC-
43 Walnut Vault Replacement; and
3. Authorize the City Manager to execute the Memorandum of Understanding
Relative to Joint Use of Turnout Facility Vaults.
Roll Call Vote – Mayor Lumbard
Motion carried: 3-0
Council Member Gallagher returned to the dais.
6. ADOPT RESOLUTION NO. 23-08 AMENDING THE DEDICATION OF RIGHT-OF-
WAY OF LEGACY ROAD IN TUSTIN LEGACY
As a part of conveyance maps TR 17404 and TR 17144, certain lots located on the
former site of the Tustin Marine Corps Air Station were reserved for public s treet
purposes. Resolution No. 13-17 dedicated and accepted certain of these lots
including Legacy Road in Neighborhood D South which right -of-way legal description
is inconsistent with the constructed and accepted public improvements to Legacy
Road and with recorded Tract Map No. 18197.
Motion: The City Council adopted Resolution No. 23-08 amending the right-of-way
dedication of Legacy Road in Neighborhood D South in Tustin Legacy.
RESOLUTION NO. 23-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING RESOLUTION NO. 13-17 CONCERNING THE DEDICATION OF
SPECIFIED PROPERTY FOR PUBLIC STREET PURPOSES
7. 2022 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION
MONITORING STATUS REPORT FOR FEIS/EIR FOR TUSTIN LEGACY
SPECIFIC PLAN
The California Government Code requires that the Planning Commission provide an
annual progress report to the City Council on the status of the City’s General Plan
and the progress in its implementation, including the progress in meeting our share
of regional housing needs and efforts to remove governmental constraints to housing
development, maintenance, and improvement.
In addition, the City Council certified the Program Final Environmental Impact
Statement/Environmental Impact Report (FEIS/EIR) fo r the Disposal and Reuse of
MCAS Tustin along with its Supplemental and Addendums. The FEIS/EIR evaluated
the environmental impacts of the reuse and disposal of MCAS-Tustin, which included
the adoption of a Mitigation Monitoring and Reporting Program (MMRP ) pursuant to
CEQA Guidelines Section 15097. The MMRP requires annual review to ensure
compliance with required mitigations.
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On February 28, 2023, the Planning Commission reviewed the General Plan Annual
Report and the Tustin Legacy Annual Mitigation Monitoring Status Report and
authorized staff to forward the reports to the City Council. With Council authorization,
staff will forward the General Plan Annual Report to the California Department of
Housing and Community Development (HCD) and Office of Pl anning and Research
(OPR) in fulfillment of the State’s requirement, and receive and file the Tustin Legacy
Annual Mitigation Monitoring Status Report.
Motion: The City Council:
• Authorized staff to forward the General Plan Annual Report to the State OPR
and HCD; and
• Received and filed the Tustin Legacy Annual Mitigation Monitoring Status Report
and authorized staff to submit a subsequent report when considerable and
significant activities occur.
8. POLICE COMMUNICATIONS OFFICER HIRING INCENTIVE PILOT PROGRAM
Staff is seeking City Council approval to implement a proposed Police
Communications Officer Hiring Incentive Pilot Program to improve the City’s success
in recruiting, hiring, and retaining lateral Police Communications Officers.
Motion: Authorized the City Manager, or his designee, to implement a Police
Communications Officer Hiring Incentive Pilot Program.
Mayor Lumbard recused himself from Items 9 and 10 due to the advice of legal counsel.
REGULAR BUSINESS ITEM 9
9. APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY REQUEST
FOR DISABILITY-RELATED MODIFICATION OF CITY POLICIES, PRACTICES,
AND/OR PROCEDURES
Philip Teyssier of Atomic Investments, Inc. (“Appellant”) appeals from the Planning
Commission’s denial of a request for disability-related reasonable modification of City
policies, practices, and/or procedures to allow C alifornia Treatment Services, a
subsidiary of Acadia Healthcare Company, Inc. (“Acadia”) to operate an outpatient
treatment and counselling center (“Comprehensive Treatment Center” or “CTC”) at
a commercial property owned by the Appellant located at 535 E. First Street.
AMERICANS WITH DISABILITIES ACT (“ADA”) ADVISORY STATEMENT
RELATED TO THE PROPOSED PROJECT:
If approved, the proposed CTC would exclusively serve persons receiving treatment
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for Opioid Use Disorder. To be a patient at the CTC, an individual cannot be actively
using illegal drugs. Persons receiving such treatment are “qualified individual[s] with
a disability” afforded full protection under the ADA and the ADA prohibits the City
from discriminating against qualified individuals in making land use decisions .
In considering this application and the appeal, the City Council may not treat the
proposed CTC differently than it would any other medical clinic. It may not base its
decision on the fact that patients at the CTC will be receiving treatment for Opioid
Use Disorder. Nor may unsubstantiated fears, prejudice, or stereotypes related to
persons recovering from Opioid Use Disorder form the basis of the City Council’s
decision.
Deputy City Attorney Michael Daudt provided a PowerPoint presentation .
Appeallant and Property Owner Phil Teyssier , Acadia Healthcare Regional Director
Diana Wydo and Physician Ricardo Cardenas provided a PowerPoint presentation.
Public Input:
1. Leticia Pasillas
2. Sharmain Bodini
3. Myron Martin
4. Patrick Adams
5. Gene Bodini
6. Tony Magnemi
7. Joy Bautista
8. Pete Beatty
9. Holly Hoenshell
10. Valerie Ortega
11. Gitty Tamadon
12. Margaret Jones
13. Ian Carter
14. Barbara Howell
15. Clint Sallee
16. Jaime Mourod
17. Victoria Leonard
18. Diana Wydo
19. Gene Bodini
20. Leticia Pasillas
21. Gary Hendricks (Zoom)
22. Myron Martin
23. Patrick Adams
24. Sharmain Bodini
25. Pete Beatty
26. Tony Magnemi
27. Rola Jreisat
28. Phil Teyssier
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The following e-comments were distributed to the City Council:
1. Luis Cho
2. Anonymous
3. Dale Willumson
4. John Nielsen
It was moved by Council Member Gallagher and seconded by Council Member
Schnell to approve Resolution No. 23-11 denying the request for disability-related
modification of policies, practices and procedures .
Roll Call Vote – City Clerk
Motion carried: 3-0
PUBLIC HEARING ITEM 10
10. APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY
CONDITIONAL USE PERMIT 2022-0009
Conditional Use Permit (CUP) 2022-009 is a request to allow the operation of an
outpatient treatment and counseling center (Comprehensive Treatment Center or
CTC) for opioid use disorder utilizing medicated-assisted treatment (MAT) in
combination with counseling and therapies at 535 E. First Street. The proposed
project will occupy a 10,610 square foot tenant space on the second floor of an
existing office building. The hours of operation will be Monday through Friday from
5:00 am to 2:00 pm and Saturdays from 6:00 am to 9:00 am. It is anticipated that on
average approximately 1401 total clients would be served per day. The project site
is located within the Downtown Commercial Core Specific Plan – Development Area
3 (DCCSP-DA3) where “Medical Clinics for Out-patients Only” are listed as
conditionally permitted uses.
On January 10, 2023, the Planning Commission adopted Resolution No. 4456
(Attachment A), denying CUP 2022-009. On January 19, 2023, the property owner
(listed above) filed an appeal of the Planning Commission's decision denying the
proposed project (Attachment B). The appeal hearing before the City Council is de
novo. The written appeal states that: (1) the decision of the Planning Commission
denying the project should be reversed and that CUP 2022 -0009 be approved,
pending revision of the proposed Conditions of Approval; (2) City staff has been
unwilling to meet the applicant or property owner in order to discuss the proposed
use, most notably regarding the conditions of approval prior to only making them
available less than six (6) days prior to the Planning Commission hearing date,
thereby blocking any input; (3) after the motion by the Planning Commission to deny
the proposed use, the Planning Commission Chair did not follow proper procedures
in allowing any discussion on the motion on the floor, and instead, pushed ahead to
vote on the motion; (4) the information presented to the Planning Commission by
staff was done so without their clear understanding of the facts; (5) the City Attorney's
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office promised to provide public records as they become available, but failed to do
so; and (6) there has been a gross violation of proper procedure.
AMERICANS WITH DISABILITIES ACT (“ADA”) ADVISORY STATEMENT
RELATED TO THE PROPOSED PROJECT:
If approved, the proposed CTC would exclusively serve persons receiving treatment
for Opioid Use Disorder. To be a patient at the CTC, an individual cannot be actively
using illegal drugs. Persons receiving such treatment are “qualified individual[s] with
a disability” afforded full protection under the ADA and the ADA prohibits the City
from discriminating against qualified individuals in making land use decisions .
In considering this application and the appeal, the City Council may not treat the
proposed CTC differently than it would any other medical clinic. It may not base its
decision on the fact that patients at the CTC will be receiving treatment for Opioid
Use Disorder. Nor may unsubstantiated fears, prejudice, or stereotypes related to
persons recovering from Opioid Use Disorder form the basis of the City Council’s
decision.
Public Hearing opened at 9:09 p.m.
Assistant Director Irma Huitron provided a PowerPoi nt presentation.
Appeallant and Property Owner Phil Teyssier provided a verbal presentation.
Public Input:
1. Leticia Pasillas
2. Sharmain Bodini
3. Patrick Adams
4. Pete Beatty
5. Tony Magnemi
6. Holly Hoenshell
7. Randy Wong
8. Jaime Mourod
9. Barbara Howell
10. Margaret Jones
11. Tammie (Zoom)
12. Greg Hendricks (Zoom)
The following e-comments were distributed to the City Council:
1. John Garay
2. Dona Evans
3. Frank Smith
4. Tammie Bullard
5. Anonymous
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6. John Nielsen
Public Hearing closed at 10:08 p.m.
It was moved by Council Member Gallagher and seconded by Council Member
Schnell to approve Resolution No. 23-10 upholding The Planning Commission Action
By Denying Conditional Use Permit (CUP) No. 2022 -0009.
Roll Call Vote – City Clerk
Motion carried: 3-0
Recessed at 10:12 p.m.
Reconvened at 10:16 p.m.
Mayor Lumbard returned to the dais.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Clark
Announced International Women’s Day on March 8, 2023; celebrating the social, economic,
cultural, and political achievements of women.
Mayor Lumbard
February 23
Attended Orange County Fire Authority (OCFA) Board meeting; discussed an accelerated
pension paydown plan; reported the paydown plan is helping the budget; reported
committee appointments were ma de and was reappointed to the Finance and Budget
Committee.
March 8
Attended Arbor Day Tree Planting event at Columbus Tustin Activity Center; thanked city
staff and City Arborist, Jim Sulli, for planting a new tree in celebration of Arbor Day.
Council Member Schnell
Wished Mayor Pro Tem Clark, a Happy Birthday; Council Member Gallagher, a Happy
Belated Birthday; and wished his wife, a Happy Birthday.
ADJOURNED at 10:17 p.m. The next meeting is scheduled on Tuesday, March 21, 2023 for
the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
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