HomeMy WebLinkAbout02 CC MINUTES 10.17.23 AND 10.27.23DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F
CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
Letitia Clark, Mayor Pro Tern
Ryan Gallagher, Council Member
Rebecca Gomez, Council Member
Ray Schnell, Council Member
Agenda Item 2
Reviewed: Ds
City Manager
Finance Director N/A
OCTOBER 17, 2023
300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Austin Lumbard, Mayor Matthew S. West, City Manager
Erica N. Yasuda, City Clerk
David E. Kendig, City Attorney
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3046 at 5:30 p.m.
ROLL CALL — City Clerk
Present: Mayor Austin Lumbard and Council Members Ryan Gallagher,
Rebecca Gomez and Ray Schnell
Absent: Mayor Pro Tern Letitia Clark
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, 3, 4 and 5 as they appear 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): (2 cases)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
City Council October 17, 2023
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3. LABOR NEGOTIATIONS — [Government Code § 54957.6]
Agency
Negotiators:
Derick Yasuda, Director of Human Resources and Peter Brown,
Liebert Cassidy Whitmore
Employee
Tustin Police Support Services Management Association (TPSSMA)
Organization:
Employee
Tustin Police Support Service Association (TPSSA)
Organization:
4. LIABILITY CLAIMS — [Government Code § 54956.95]: (7 cases)
A. Claim No. 23-24, Claim of Juan Villegas
B. Claim No. 23-32, Claim of Kuoyun Lee
C. Claim No. 23-39, Claim of Michael Yang
D. Claim No. 23-42, Claim of Subro Claims, Inc o/b/o Geico Ins a/s/o Dongkyu
Kyu Joo
E. Claim No. 23-45, Claim of Sana Shaikh
F. Claim No. 23-48, Claim of Aiman-Smith & Marcy, PC obo: Cari McCormick
G. Claim No. 23-50, Claim of Conran Waterson
5. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government
Code § 54957(b)(1)]
Title: City Manager
Recessed to Closed Session at 5:31 p.m.
Mayor Pro Tern Clark arrived at 5:40 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND THE COUNCIL
ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY
7:00 P.M.
CALL TO ORDER — #3046 at 7:12 p.m.
INVOCATION - Deacon Bill Weeks, St. Cecilia Church
PLEDGE OF ALLEGIANCE — Council Member Gomez
PRESENTATION — The City Council presented a Proclamation to Director of Public Works
and City Engineer Douglas S. Stack for his years of service to the Tustin community.
City Council October 17, 2023
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PUBLIC INPUT —
1. John Garay
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council
unanimously denied Claims 23-24, 23-32, 23-39, 23-42, 23-45, 23-48, 23-50. Other than
that, there was no reportable action.
CONSENT CALENDAR ITEMS 1-8 —
Mayor Lumbard pulled Item 4.
Mayor Lumbard noted for the record that an e-comment was received for Item No. 4 which
was distributed to the Council and made available for the public on the City's website.
Public Inqut for the Consent Calendar Items 1-3 and 5-8 — None
It was moved by Mayor Pro Tern Clark and seconded by Council Member Gallagher to pull
Item 4 and approve the balance of the Consent Calendar.
Roll Call Vote — 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 OCTOBER 3, 2023
Motion: The City Council approved the Action Minutes of the Regular Meeting of the
City Council held on October 3, 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 $1,020,807.25 and
Demands in the amount of $2,140,285.24.
City Council October 17, 2023
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4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1537 TO AMEND
CITY CODE SECTION 5331(N)-(0) FOR THE CITY'S PREFERENTIAL PERMIT
PARKING PROGRAM
Adoption of Ordinance No. 1537 amends Tustin City Code Section 5331(n)-(o) by
implementing the Tustin Residential Parking Action Plan (PAP) on public residential
streets and reflects the City Council's approval of the Updated Guidelines which also
includes the introduction of a Permit Parking District Map encompassing public
residential streets eligible for permit parking.
Per City Council direction at the October 3, 2023, City Council Meeting, the permit
parking district map has been updated, amending the boundary between Districts 7
and 9 to Browning Avenue (Attachment 1).
Additionally, public input on the permit parking program discussed Automated
License Plate Reader (ALPR) technology and requested information on Care -Taker
parking permits.
• The Tustin Police Department has recently procured three (3) ALPR's to equip
two parking control vehicles and one traffic collision investigation vehicle to
assist with and streamline parking enforcement efforts.
Residents that reside within a permit parking district that require assisted care
and parking for such care, are eligible for up to 75 guest permits per six -
months. To date, the City has not experienced challenges with overnight
parking access for such care -takers, but will evaluate any such request on a
case -by -case basis.
Public Input —
1. Mark Wilks
2. John Garay
It was moved by Council Member Gallagher and seconded by Council Member
Gomez to have second reading by title only and adoption of Ordinance No. 1537.
Roll Call Vote — City Clerk
Motion carried: 5-0
ORDINANCE NO. 1537
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING AND RESTATING TUSTIN CITY CODE SECTION 5331
(STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON
CERTAIN STREETS) SUBSECTIONS "N" (PARKING BY PERMIT ONLY) AND "O"
City Council October 17, 2023
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(POLICIES AND PROCEDURES FOR PARKING BY PERMIT ONLY) REGARDING
THE CITY'S PREFERENTAL PERMIT PARKING PROGRAM
5. FY2022 URBAN AREA SECURITY INITIATIVE (UASI) GRANT
The City of Anaheim, in its capacity as a Core City for the Anaheim/Santa Ana Urban
Area, applied for, received and accepted a grant entitled "FY 2022 Urban Areas
Security Initiative" (UASI) Grant Program in the amount of $5,056,750. This grant is
from the Federal Department of Homeland Security, Federal Emergency
Management Agency, through the State of California 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 grant period for sub -recipients (City of Tustin) is August 9, 2023 to March 31,
2025. 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 and grant activities, including regional training and exercises coordinated by
the Anaheim/Santa Ana Urban Area.
Motion: The City Council:
1. Adopted Resolution 23-48, designating the Chief of Police or his designee as
the City's authorized representative for the FY 2022 UASI grant.
2. Approved the FY 2022 UASI Transfer Agreement between the City of
Anaheim and the City of Tustin.
RESOLUTION NO. 23-48
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 2022 URBAN AREAS SECURITY
INITIATIVE (UASI)
6. AUTHORIZE THE LOCAL REUSE AUTHORITY EXECUTIVE DIRECTOR TO
EXECUTE INTERIM LEASES AND LICENSES FROM THE DEPARTMENT OF
DEFENSE FOR PROPERTY AT FORMER MARINE CORPS AIR STATION
TUSTIN
Local Reuse Authority (LRA) Resolution 23-01 would provide the LRA Executive
Director the authority to execute or accept interim leases and licenses tendered to
the LRA from the Department of Defense (DOD). Any lease greater than five (5)
years, any license greater than one (1) year, or any lease or license requiring financial
renumeration to the DOD will require City Council (acting as the LRA) approval.
City Council October 17, 2023
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Motion: The City Council, acting as the LRA for former Marine Corps Air Station
(MCAS) Tustin, took the following action:
1. Adopted LRA Resolution 23-01: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ACTING AS THE FEDERALLY
DESIGNATED LOCAL REUSE AUTHORITY FOR FORMER MARINE CORPS
AIR STATION TUSTIN, AUTHORIZING THE LOCAL REUSE AUTHORITY
EXECUTIVE DIRECTOR TO EXECUTE NO -COST INTERIM LEASES OR
LICENSES
7. LEGISLATIVE UPDATE
Staff and the City's consultant Townsend Public Affairs (TPA) have prepared a
summary of state legislative activity.
Mntinn
1. Received and filed the updated legislative matrix as of October 4.
2. Received and filed legislative updates prepared by TPA.
8. PROPOSED PURCHASING POLICY AMENDMENT PROCESS
As directed by the City Council during the September 19, 2023, meeting, this item
outlines a tentative process and timeline for preparation of proposed amendments to
Tustin City Code section 1621-1630 which includes the City's purchasing policies
and procedures.
Motion: Directed staff to proceed with the proposed process and timeline for
preparation of proposed amendments to Tustin City Code section 1621-1630 which
includes the City's purchasing policies.
REGULAR BUSINESS ITEM 9
9. ALLOCATE FUNDING FOR THE ENTERPRISE RESOURCE PLANNING (ERP)
SYSTEM REPLACEMENT PROJECT
Director of Finance Jennifer King provided a verbal presentation.
The City's 2018-2023 Strategic Plan outlined several strategies that were directly
related to an enterprise resource planning (ERP) system replacement plan. They
included plans to evaluate and acquire new utility billing (US) software as well as to
improve and update technology for better efficiency and customer services. Staff
and the City's ERP consultants, SDI Presence LLC (SDI), completed an ERP system
needs assessment study. The study identified many shortcomings in the current
ERP system, including its UB module. It also summarized specific functional
requirements that the City needs to streamline its operations to become more
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efficient. The next step is to conduct a formal procurement process to secure a
suitable ERP solution.
Public Input — None
It was moved by Council Member Gallagher to hold off and wait until the utility billing
review process is completed.
Mayor Lumbard made an amendment to delay the vote until the midbudget cycle
discussion. Council Member Gallagher accepted the amendment. Council Member
Schnell seconded the motion.
Roll Call Vote — City Clerk
Motion carried: 5-0
MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
10. LEGACY REDEVELOPMENT UPDATE
Submitted By Council Member Gallagher, Co -Signed By Council Member Gomez.
It was moved by Mayor Pro Tern Clark and seconded by Council Member Gomez to
prepare an agenda report for Council discussion and consideration at a future
meeting date to be determined by the City Manager.
Roll Call Vote — City Clerk
Motion carried: 5-0
COUNCILMEMBER COMMENTS AND REPORTS
City Manager Matthew S. West
Announced the city is publishing a Tustin Parks infographic for Fall 2023; stated the city
updates these reports quarterly and can be viewed on the City's website.
Congratulated Director of Public Works/City Engineer, Douglas S. Stack on his retirement;
wished him all the best in his retirement.
City Attorney David Kendig
Congratulated Director of Public Works/City Engineer, Douglas S. Stack on his retirement;
wished him all the best in his retirement.
City Council October 17, 2023
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Council Member Schnell
Announced Tustin Tiller Days was an amazing event; enjoyed being in the parade and
participating in the pancake breakfast; was a great way to talk and meet with the citizens.
October 11
Attended the Tustin Police Department's Coffee with a Cop event.
Announced on October 18, 2023, will be attending the House of Ruth Ribbon Cutting event;
great addition to the City of Tustin.
Announced on October 18, 2023, will be attending the Tustin Chamber of Commerce Board
of Directors meeting to discuss local business support efforts.
Announced on October 19, 2023, will be attending the Orange County Business Council
29th Annual Economic Forecast Conference; will receive information on the financial state
of the County of Orange.
Council Member Gomez
Attended the Tustin Tiller Days Kick -Off event; thanked the Director of Parks and
Recreation, Chad Clanton, for a great event; reported the Tustin Tiller Days Backyard
Brewfest was well -attended.
OrtnhAr 17
Attended the Senior Advisory Board retreat; was unable to attend the entire retreat; reported
the following updates:
• Review of the 2023 calendar events and discussed 2024 calendar of events; and
• Announced the following new 2023 programs:
o AARP Driver Safety Course
o AARP Smart Driver Tech Course
o Aerobic Kick Boxing
o HICAP Assistance with Medicare
o Tai-Chi and many more programs; and
• Announced the following upcoming 2024 programs:
o Brown Bag Prescription Medication Review with a Pharmacist
o Extended Excursions
o Fall Prevention Seminars
o Friday Night Bingo
o Quarterly Fundraisers
o Various Seminars; and
• Discussed renaming the Senior Center; and
• Upcoming events:
o Bingo Costume Contest, October 25, 2023, at 1:30 PM
o Pop -Up Sidewalk Sale, October 25, 2023, from 10:30 AM to 1:00 PM
o Halloween Luncheon, October 31, 2023; doors open at 11:30 AM; luncheon
starts at 12:00 PM; registration is required, suggested donation is $3.00 for 60
City Council October 17, 2023
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years old plus and $5.00 for guests under 60 years old; reported the luncheon
is sponsored by AETNA
Congratulated Director of Public Works/City Engineer, Douglas S. Stack on his retirement;
wished him all the best in his retirement.
Council Member Gallagher
Attended multiple Orange County Sanitation District Board (OCSD) meetings over the past
couple of weeks; announced the State of Orange County Sanitation District is on October
27, 2023.
October 6-8
Attended the Tustin Tiller Days event; was impressed with the catering from Taco Mesita;
was thankful for the diaper changing area.
October 4
Attended the Economic Ad Hoc meeting with Mayor Lumbard; excited to see the report
come to the City Council for review.
Mayor Pro Tem Clark
Joined the Orange County United Way 2-1-1 Advisory Board; reported 2-1-1 is for social
services; stated if someone needs rental, food or childcare assistance they can call 2-1-1
to get help; announced 2-1-1 is working on reducing call times and having call systems
communicate to streamline the caller's experience.
Announced the Tustin Tiller Days event was a great event; reported has already gone to
Taco Mesita since having their catering at the event; reported the event was well -attended;
thanked everyone for all their hard work with this event.
Mayor Lumbard
Congratulated Director of Parks and Recreation, Chad Clanton, and City Manager, Matthew
S. West, on another successful Tustin Tiller Days event; reported Tustin has great staff
members that take ownership in the events that make the community great; thanked
everyone for all their hard work with this event.
UPCOMING EVENTS
October 21 st
Old Town Tustin Art Walk from 11:00 AM — 5:00 PM
Announced One Seed Community Garden is having a Morning at the Garden event during
the Old Town Tustin Art Walk; reported there will be live music at the event; thanked Mayor
Pro Tern Clark for the partnership and pushing to get the community garden open.
City Council October 17, 2023
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October 31 st
Halloween Howl at the Columbus Tustin Recreation Center from 3:30 PM to 5:30 PM
ADJOURNED at 8:18 p.m. The next meeting is scheduled on Tuesday, November 7, 2023,
for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council October 17, 2023
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Agenda Item 2
Reviewed: Ds
City Manager
Finance Director N/A
CITY OF TUSTIN SPECIAL CLOSED
OCTOBER 27, 2023
SESSION MEETING OF THE CITY COUIS f
300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Letitia Clark, Mayor Pro Tern
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
MINUTES OF THE SPECIAL CLOSED SESSION
MEETING OF THE CITY COUNCIL
3:00 P.M.
CALL TO ORDER at 3:03 p.m.
ROLL CALL — City Clerk
Present: Mayor Austin Lumbard and Council Members Ryan Gallagher and
Rebecca Gomez
Absent: Mayor Pro Tern Letitia Clark and Council Member Schnell
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 Item 1 as it appears on the agenda, Item 2 "Public Employee
Separation/Release", Item 3 "Conference with Legal Counsel — Anticipated Litigation" and
Item 4 "Public Employment".
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 — EXISTING LITIGATION
Cal. Gov't Code § 54956.9(d)(1)
Name of Case: Orange County Water District, City of Tustin, et al., v. 3M Company
City Council October 27, 2023
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et al.;
Case Number: U.S.D.C. South Carolina; MDL No. 2873; Master Docket No. 2:18-
mn-2873; Civil Action No. 2:22-cv-01798-RMG.
2. PUBLIC EMPLOYEE SEPARATION/RELEASE
Cal. Gov't Code § 54957(b)(1).
3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of Section 54956.9(d)(2)
Number of potential cases: One (1)
4. PUBLIC EMPLOYMENT
Cal. Gov't Code § 54957(b)(1)
Title: City Manager
Council Member Schnell arrived at 3:04 p.m.
Mayor Pro Tern Letitia Clark arrived at 3:10 p.m.
Reconvened at 4:30 p.m.
CLOSED SESSION UPDATE — City Attorney David E. Kendig: All five members of the City
Council were present for the Closed Session meeting. Regarding the item relating to the
public employee separation and release, by unanimous vote, Mayor Lumbard was authorized
to sign a Mutual Separation Agreement and General Release with City Manager Matthew
West, by which, Mr. West will separate from the City as City Manager effective today pursuant
to the terms of that agreement. Regarding the item relating to public employment, Nicole
Bernard will serve as the Acting City Manager while the City Council is taking steps to fill the
City Manager position. She was appointed to that position by unanimous vote of the City
Council. Regarding the agenda item relating to existing litigation, the City Council also
provided unanimous direction to its litigation Counsel. Otherwise, there was no reportable
action taken. The City Council will adjourn to its Regular Meeting on November 7tn
ADJOURNED at 4:32 p.m. The next meeting is scheduled on Tuesday, November 7, 2023
for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council October 27, 2023
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