HomeMy WebLinkAbout02 CC MINUTES 9.19.23City Council September 19, 2023
Meeting Minutes Page 1 of 10
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER – #3044 at 5:31 p.m.
ROLL CALL – City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tem Letitia Clark (arrived at 5:33
p.m., and Council Members Ryan Gallagher, Rebecca Gomez* and
Ray Schnell
Absent: None
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager
*Council Member Gomez participated in the closed session meeting via teleconference after
written notice of her need to participate remotely for just cause was circulated to the City
Council.
PUBLIC INPUT – None
CLOSED SESSION UPDATE – City Attorney David E. Kendig – The Council will convene
to discuss Items 1, 4 and 5 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)
CITY OF TUSTIN REGULAR SEPTEMBER 19, 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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2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
3. 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 Services Management Association (TPSSMA)
Employee
Organization:
Tustin Police Support Service Association (TPSSA)
4. LIABILITY CLAIMS – [Government Code § 54956.95]: (3 cases)
A. Claim No. 23-15, Claim of Ellis Law Corporation Obo Felix Nexticapan
Gonzalez
B. Claim No. 23-16, Claim of Ellis Law Corporation Obo Guadalupe Herrera Bello
C. Claim No. 23-44, Claim of Krista Dossett
5. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government
Code § 54957(b)(1)]
Title: City Manager
Recessed at 5:33 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND THE TUSTIN
HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER – #3044 at 7:05 p.m.
ROLL CALL – City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tem Letitia Clark, and Council
Members Ryan Gallagher, Rebecca Gomez* and Ray Schnell
Absent: None
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager
*Council Member Gomez participated in the open session meeting via teleconference after
written notice of her need to participate remotely for just cause was circulated to the City
Council.
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INVOCATION - Fr. Khoi, St. Cecilia Church
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Clark
PRESENTATION – The City Council presented a Certificate of Recognition to Police
Records Lead Sharon McCann for 25 Years of Service to the Tustin Community.
PUBLIC INPUT –
1. Jaden Savill
2. Ben Savill
3. Shelly Madison
4. Karen Brandis
5. Delilah Heidke
6. Kathy Chuang
7. Tibor Keleman
8. Michael and Lucas Chuang
9. John Garay
CLOSED SESSION REPORT – City Attorney David E. Kendig: The City Council
unanimously denied Claims 23-15, 23-16 and 23-44 and will reconvene in Closed Session
after Open Session to discuss Item No. 5.
CONSENT CALENDAR ITEMS 1-7
Public Input – John Garay (Item No. 6)
It was moved by Council Member Gallagher and seconded by Mayor Pro Tem Clark to
approve the Consent Calendar as recommended by staff.
Roll Call – City Clerk
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 AUGUST 15, 2023
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Motion: The City Council approved the Action Minutes of the Regular Meeting of the
City Council held on August 15, 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 $1,070,234.83,
$991,745.00 and $1,040,065.07 and Demands in the amount of $8,274.394.68.
4. LEGISLATIVE UPDATE
Staff and the City’s consultant Townsend Public Affairs (TPA) have prepared a
summary of state legislative activity.
Motion:
1. Took an OPPOSE UNLESS AMENDED position on AB 531 (Irwin) The
Behavioral Health Infrastructure Bond Act of 2023.
2. Took an OPPOSE UNLESS AMENDED position on AB 825 (Bryan) Vehicles:
bicycles on sidewalks.
3. Received and filed the updated legislative matrix as of September 8.
4. Received and filed legislative updates prepared by TPA.
5. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT
Pursuant to the Tustin Housing Authority Bylaws and State of California Housing
Authorities Law of the California Health and Safety Code Section 34328, the Tustin
Housing Authority (“Housing Authority”) is holding an annual meeting in order to
receive and file the annual report of its activities for the preceding fiscal year.
Motion:
The Tustin Housing Authority Commissioners took the following actions:
1. Received and filed the Annual Report for Fiscal Year (“FY”) 2022-2023 and
transmit such report to the Tustin City Council.
The City Council took the following actions:
1. Received and filed the Housing Authority’s Annual Report for FY 2022-2023.
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2. Directed that a copy of the Housing Authority’s Annual Report for FY 2022-
2023 be filed with the City Clerk and ex-officio Clerk of the City Council of the
City of Tustin and the California State Department of Housing and Community
Development.
6. AWARD CONTRACT FOR THE RED HILL AVENUE PAVEMENT
REHABILITATION PROJECT BETWEEN SAN JUAN STREET AND MELVIN
WAY, CIP NO. 70220
Bids for the Red Hill Avenue Pavement Rehabilitation Project between San Juan
Street and Melvin Way, CIP No. 70220, have been received and a construction
contract is ready to be awarded to the lowest responsive/responsible bidder, Onyx
Paving Company, Inc.
Motion: The City Council:
1. Awarded a construction contract to the lowest responsive/responsible bidder,
Onyx Paving Company, Inc. in the amount of $1,661,000.00 for the Red Hill
Avenue Pavement Rehabilitation Project between San Juan Street and Melvin
Way, CIP No. 70220, and authorized the Mayor and the City Clerk to execute
the contract documents on behalf of the City; and
2. Appropriated $175,000 from the AB 2766 Motor Vehicle Subvention Fund
(Fund 133) to fund the pedestrian crossing improvements at Olwyn Drive.
7. EXCLUSIVE NEGOTIATING AGREEMENT WITH CD-MS (TUSTIN) LLC FOR
PORTIONS OF TUSTIN LEGACY DISPOSITION AREA 8B
Request for authorization to enter into an Exclusive Negotiating Agreement (ENA)
with CD-MS (Tustin) LLC (Developer) for the disposition and development of portions
of Disposition Areas 8B at Tustin Legacy for a senior congregate care facility project.
Motion: Authorized the City Manager to execute the Exclusive Negotiating
Agreement between the City and Developer.
REGULAR BUSINESS ITEM 8
8. PUBLIC WORKSHOP TO DISCUSS CHANGES IN WATER RATES AND TO SET
A PUBLIC HEARING PURSUANT TO THE REQUIREMENTS OF PROPOSITION
218
Director of Finance, Jennifer King, and Habib Isaac, IB Consulting, provided a
PowerPoint presentation.
The City's consultant, IB Consulting, completed a cost-of-service analysis for the
City's Water Enterprise and developed proposed water rates to meet ongoing
operational, maintenance, and capital needs while maintaining the requirements of
existing bond covenants. City staff requests that the City Council hold a public
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workshop to discuss the cost-of-service analysis and proposed rates, and set a public
hearing for December 5, 2023, to consider the adoption of proposed water rates.
Public Input -
1. Dave R.
Mayor Lumbard appointed an Ad Hoc Committee consisting of Council Member
Gomez and Council Member Gallagher to discuss the overall issues with the
proposed water rates.
It was moved by Council Member Gallagher and seconded by Mayor Lumbard to
1. Conduct a public workshop to discuss the cost-of-service analysis and
proposed changes to the water rates;
2. Set a public hearing for December 5, 2023, to consider the adoption of
proposed new water rates;
3. Direct staff to prepare and mail the required public hearing notices; and
4. Direct staff to present a ten-year CIP plan at a future meeting and explore
cooperative agreements for opportunities for operational efficiencies.
Roll Call – City Clerk
Motion carried: 5-0
MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
9. PROCUREMENT TRANSPARENCY AND ACCOUNTABILITY
Submitted By Council Member Gallagher, Co-Signed By Mayor Lumbard
Public Input – None
It was moved by Mayor Lumbard and seconded by Council Member Gallagher to
direct staff to prepare an agenda report for Council discussion and consideration at
a future meeting date to be determined by the City Manager.
Mayor Lumbard amended his motion to include that the item is discussed at a 2023
meeting. Council Member Gallagher accepted the amendment.
Roll Call – City Clerk
Motion carried: 5-0
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COUNCILMEMBER COMMENTS AND REPORTS
Council Member Schnell
August 16
Attended the Orange County Business Council (OCBC) Health Care Forum; amazing
advancements being made in medicine.
August 17
Attended the Umma Adult Day Health Care Red Ribbon Cutting ceremony; a great facility
which is housed in Tustin.
August 29
Attended the Tustin Community Foundation (TCF) Superheroes of Tustin Community
Volunteer Recognition Luncheon; Mayor Pro Tem Clark and Council Member Gomez
participated in the event; was a great event to thank all the volunteers.
September 11
Attended the Orange County Fire Authority (OCFA) annual Remembrance Ceremony, with
Mayor Lumbard, paying tribute to victims of the attacks of September 11th.
September 12
Attended the Orange County Business Council (OCBC) first-ever First Responders Dinner;
recognizing nine first responder organizations from law enforcement, fire, and health care
sectors.
Council Member Gomez
August 16
• Attended the Orange County Business Council (OCBC) Health Care Forum; several
guest speakers from all the major health facilities within the county, including Hoag,
City of Hope, Providence and Memorial Care; was great to see the innovation that is
occurring in the county.
• Was the speaker at the Tustin Effective Apartment Managers (T.E.A.M.) Luncheon;
provided an update on the latest happenings in the Tustin community.
August 17
• Attended the Orange County Mosquito & Vector Control meeting; discussed updates
to the outreach and communication plans as well as the activities of the agency.
• Attended the Umma Adult Day Health Care Red Ribbon Cutting ceremony; the facility
provides adult and respite care.
August 24
Attended the Orange County League of Cities meeting; 2023-2024 elections were held;
there was a presentation on some of the new laws regarding Campaign Contributions and
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Conflicts of Interest.
August 29
Attended the Tustin Community Foundation (TCF) Superheroes of Tustin Community
Volunteer Recognition Luncheon; was a great way to celebrate the local organizations and
the volunteers that contribute to the Tustin community.
September 7
• Attended the Orange County Employees Association Health Fair; was a phenomenal
effort on their part to educate and provide resources to their employees.
• Attended the Tustin Senior Advisory Board meeting; updates on several different
activities for the senior community was provided; there was considerable discussion
on the Orange County Aging Plan and some of the resources affecting seniors within
the community; congregate meals were slightly increased from July to August but
the At Home meals went down slightly, which is good to show that the seniors are
receiving their services.
September 9
• Attended the Tustin Community Yard Sale; was a great success.
• Attended the Tustin Police Department Open House; mentioned the Nixle service
the Tustin Police Department provides which gives updates on community events
and crime alerts; please visit tustinca.org/NixleAlerts.
Announced on September 23, 2023, the Tustin Senior Center will be hosting a Resource
Fair where residents can get free medical screenings, receive information for medical
insurance assistance, senior living, physical therapy and support groups; also offering free
flu shots on a first come first serve basis; do not have to be a senior to attend the event, it’s
good to have information to assist with seniors in the community.
Announced September is Library Card sign up month; please visit the Tustin Library to
obtain a library card if you do not have one.
Announced the Tustin Library is hosting Self-Care Saturday on September 23, 2023; the
following activities will be offered:
o Yoga & Stretch Class with Yoga instructor, Joy Veluz.; please bring your own yoga
mat or towel; and
o Author Dr. Lauren Cook will discuss her newest book, Generation Anxiety: A
Millennial and Gen Z Guide to Staying Afloat in an Uncertain World.; Dr. Lauren Cook
is a licensed clinical psychologist, keynote speaker, and company consultant; she
loves speaking around the country to help create more mentally healthy workplaces
and schools; complimentary books are available, while supplies last; and
o Tea Tasting Demonstration; presented by Orange County Public Library’s (OCPL)
Charlie Cart.
Registration is not required; for more information call 714-544-7725 or email
ocpl.tustin@occr.ocgov.com.
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Council Member Gallagher
September 9
Attended the Tustin Police Department Open House; was a great event.
September 17
Attended HONDA-YA’s 30th Anniversary Charity Event; Tustin Community Foundation
(TCF) was also involved with the event.
Requested information from City staff regarding the Tustin Field I parking permit issue;
interested to learn if there are ways the City can assist with the issue.
Requested information from City staff regarding the stop sign issue on Moffett Drive;
encouraged residents to speak at the City Council meeting regarding the issue.
Mayor Pro Tem Clark
Congratulated Jocelyn Garcia, winner of the 2023 Miss Tustin competition; Jocelyn Garcia
is a resilient individual.
Announced the Miss Tustin Scholarship Association will be hosting a Domestic Violence
Walk on October 1, 2023, at Linear Park.
August 29
Was the keynote speaker at the Tustin Community Foundation (TCF) Superheroes of Tustin
Community Volunteer Recognition Luncheon; was a great event; Mayor Lumbard as well
as Council Members Gomez and Schnell were in attendance; thanked TCF for continuing
to host the event.
September 14
Toured the Tustin Temporary Homeless Shelter with Orange County Supervisor Vicente
Sarmiento; was a great tour; appreciated his staff and son attending the tour.
Announced the Tustin Public Schools Foundation, 2023 Celebration of Schools Dinner on
September 20, 2023.
Requested information from City staff regarding the Tustin Field I parking permit issue; also
has concerns regarding the stop sign issue on Moffett Drive.
Thanked the public for speaking and being engaged during City Council meetings.
Mayor Lumbard
Thanked the residents for attending and speaking at the City Council meeting; the City
Council may not have authority over certain issues, but they are a resource for help and
information; thanked Jaden and Ben Savill for their public input; Tustin is fortunate to have
a community that cares and respects their residents.
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Recessed to Closed Session at 8:56 p.m.
Reconvened at 9:21 p.m.
CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council took no
reportable action.
ADJOURNED at 9:22 p.m. The next meeting is scheduled on Tuesday, October 3, 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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