CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Councilmember
Ryan Gallagher, Councilmember
Rebecca Gomez, Councilmember
Austin Lumbard, Mayor
JUNE 21, 2022
300 CENTENNIAL WAY, TUSTIN
Matthew S. West, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
PRINTABLE AGENDA
PUBLIC INPUT INSTRUCTIONS
PUBLIC INPUT - LOUISE WARNER (E-COMMENT)
PUBLIC INPUT - JOHN GARAY (E-COMMENT)
PRESENTATION - ITEM #12
PRESENTATION - ITEM #13
CLOSED SESSION MEETING OF THE CITY COUNCIL AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY - 5:30 P.M.
CALL TO ORDER – #3023
ATTENDANCE - Acting City Clerk
PUBLIC INPUT - Members of the public may provide comments in writing, in person or in real time via Zoom to address the City Council on items on the Closed Session Agenda.
CLOSED SESSION UPDATE - City Attorney David E. Kendig
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)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. LIABILITY CLAIMS - [Government Code § 54956.95]: (5 cases) A.
Claim of Dan Darwish, Claim No. 22-11
B.
Claim of Nicholas Britton, Claim No. 22-19
C.
Claim of Abtin Kasravi, Claim No. 22-22
D.
Claim of Kristen and Haley Sims, Claim No. 22-24
E.
Claim of Catherine Davis, Claim No. 22-16
REGULAR MEETING OF THE CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY - 7:00 P.M.
CALL TO ORDER – #3023
INVOCATION - Pastor Jorge Molina – Mariners Church
PLEDGE OF ALLEGIANCE – Mayor Lumbard
PUBLIC INPUT – At this time, any member of the public may address the Council on matters which are not on this evening’s agenda, provided the matter is within the subject matter jurisdiction of the City Council.
CLOSED SESSION REPORT – City Attorney David E. Kendig
CONSENT CALENDAR ITEMS - All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the City Clerk. (Agenda Items 1 - 10)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation:
That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare 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 JUNE 7, 2022.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on June 7, 2022.
AGENDA REPORT
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.
Recommendation:
It is recommended that the City Council approve Payroll in the amount of $912,294.00 and Demands in the amount of $5,303,303.30.
AGENDA REPORT
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.
Recommendation:
Make 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 B. The Council has reconsidered the circumstances of the state of emergency; and C. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.
AGENDA REPORT
5. APPROPRIATION LIMIT FOR THE FISCAL YEAR 2022/23
Article XIII B of the State Constitution requires each City to annually adopt a limit on appropriations for all governmental funds. The following recommendation and attached worksheets are based on the Fiscal Year 2022/23 Proposed Budget as presented to the City Council on June 7, 2022.
Recommendation:
1. Select the change in the California per Capita Personal Income as the price factor for adjusting the Fiscal Year 2022/23 Appropriation Limit.
2. Adopt Resolution No. 22-33 setting the appropriation limit for the Fiscal Year 2022/23 at $109,904,672. RESOLUTION NO. 22-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2022/23 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE
AGENDA REPORT
6. SET PUBLIC HEARING FOR WATER QUALITY REPORT ON PUBLIC HEALTH GOALS (PHGs) 2019-2021 The California Health and Safety Code requires that water utility agencies with more than 10,000 service connections prepare a report every three years and conduct a public hearing to provide information to consumers on levels of contaminants in the City’s drinking water.
Recommendation:
It is recommended that the City Council set a public hearing for July 19, 2022 at 7:00 p.m. to receive and respond to public comments on the 2019-2021 Public Health Goal Report.
AGENDA REPORT
7. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2022-2023 In order to maintain eligibility for funding under the Orange County Measure M2 Program, the City is required to annually submit a compliance package to the Orange County Transportation Authority (OCTA).
Recommendation:
It is recommended that the City Council take the following actions:
1. Adopt the attached Measure M2 Seven-Year Capital Improvement Program (CIP) (Fiscal Year 2022-2023 through Fiscal Year 2028-2029); and
2. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M2 eligibility package to the OCTA.
AGENDA REPORT
8. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE TUSTIN SPORTS PARK PLAYGROUND RENOVATION (CIP NO. 20086) The Tustin Sports Park Playground Renovation has been completed and the project is ready for acceptance and filing of the Notice of Completion.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 22-36 accepting the Tustin Sports Park Playground Renovation (CIP No. 20086), and
2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office. RESOLUTION NO. 22-36 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 TUSTIN SPORTS PARK PLAYGROUND RENOVATION (CIP NO. 20086)
AGENDA REPORT
9. LEGISLATIVE UPDATE
Staff and the City’s consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity.
Recommendation:
1. Take a SUPPORT position on SB 986 (Umberg) Vehicles: catalytic converters
2. Receive and file the updated legislative matrix as of June 9
3. Receive and file legislative updates prepared by TPA
AGENDA REPORT
10. PUBLIC ART COMMITTEE APPOINTMENT
Due to a term expiration on the Public Art Committee, Council direction is needed to fill the vacancy.
Recommendation:
It is recommended that the City Council appoint Medha Paliwal to serve a four-year term on the Public Art Committee.
AGENDA REPORT
PUBLIC HEARING ITEM 11
11. ADOPTION OF A RESOLUTION UPDATING THE COMPREHENSIVE FEE SCHEDULE The Comprehensive User Fee Study, which was completed in May 2021 determined the cost of providing services and ensured that user fees and charges do not exceed the costs of providing services for 2021. Industry best practices recommend that a comprehensive review of the cost of services and fees be performed every three to five years. However, annually, the user fees should be updated to ensure that the user fees are consistent with the cost of living and/or reflect any operational changes. At this time, it is recommended that the City Council proceed with a public hearing to consider the adoption of the recommended fees, which are proposed to take effect on September 1, 2022.
Recommendation:
1. Conduct a public hearing on the proposed adoption of an update to the City's Comprehensive Fee Schedule; and,
2. Adopt Resolution No. 22-21, Establishing and Adopting Updated Development Processing Fees and Other City Rates, Charges, and User Fees for Various Government Services. RESOLUTION NO. 22-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING AND ADOPTING UPDATED DEVELOPMENT PROCESSING FEES AND OTHER CITY RATES, CHARGES, AND USER FEES FOR VARIOUS GOVERNMENT SERVICES
AGENDA REPORT
REGULAR BUSINESS ITEMS 12 - 13
12. SUMMARY OF PROJECTS – COMMUNITY DEVELOPMENT & PUBLIC WORKS DEPARTMENTS 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.
Recommendation:
That the City Council receive and file this item.
AGENDA REPORT
13. FISCAL YEAR 2022/23 BUDGET ADOPTION
On June 7, 2022, the City Council conducted a budget workshop on the Proposed Annual Operating Budget and Capital Improvement Program for Fiscal Year 2022/23, which allocates resources that reflect the City Council's priorities set forth in the City's five-year strategic plan. Staff recommends that the City Council proceed with the adoption of the budget for the Second Year (Fiscal Year 2022/23) of the 2021-2023 Biennial Budget and related resolutions.
Recommendation:
1. Adopt Resolution No. 22-32, Adopting the Second Year (Fiscal Year 2022/23) of the 2021-2023 Biennial Budget and Related Documents for Fiscal Year 2022/23;
2. Adopt Tustin Housing Authority Resolution No. 22-01, Adopting the Housing Authority Budget and Appropriating from the Anticipated Revenues of the Authority for the Fiscal Year 2022/23; and,
3. Adopt Resolution No. 22-37, Amending the City's Salary Schedule and the Position Control Schedule consistent with the Proposed Budget for Fiscal Year 2022/23. RESOLUTION NO. 22-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE SECOND YEAR (FISCAL YEAR 2022/23) OF THE 2021-2023 BIENNIAL BUDGET AND RELATED DOCUMENTS FOR FISCAL YEAR 2022/23 TUSTIN HOUSING AUTHORITY RESOLUTION NO. 22-01
A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE HOUSING AUTHORITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE AUTHORITY FOR THE FISCAL YEAR 2022/23 RESOLUTION NO. 22-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPDATING THE CITYWIDE SALARY SCHEDULE AND THE POSITION CONTROL SCHEDULE
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURN IN MEMORY OF THE 5 MARINES KILLED IN AN MV-22B OSPREY CRASH We are heartbroken about the tragic news of the helicopter accident that occurred last week. If you have not seen it, an Osprey tiltrotor aircraft went down during a training exercise and the crash resulted in the loss of five Marines. We have learned over the past days that these Marines were from VMM Squadron 364 at Camp Pendleton, also known as the "Purple Foxes," which has been a part of the Tustin family for many years. The Tustin community is proud of its rich military heritage and as testament to that appreciation, the City ceremoniously adopted two Marine Squadrons with ties to the former MCAS Tustin. One of those squadrons was the "Purple Foxes" VMM Squadron 364, who formed at the former MCAS Tustin in 1961, before ultimately relocating to Camp Pendleton. On behalf of our entire community, as the Mayor of Tustin, I'd like to express our deepest condolences as we all mourn the loss of five Marines from the "Purple Foxes" Squadron 364:
* Corporal Nathan E. Carlson, 21, a Tiltrotor crew chief * Captain Nicholas P. Losapio, 31, an MV-22B pilot
* Corporal Seth D. Rasmuson, 21, a Tiltrotor crew chief * Captain John J. Sax, 33, an MV-22B pilot.
* Lance Corporal Evan A. Strickland, 19, a Tiltrotor crew chief May God bless these Marines for their honorable service and provide peace to their families.
ADJOURNMENT
- The next meeting is scheduled on Tuesday, July 5, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.