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
NOVEMBER 1, 2022
300 CENTENNIAL WAY, TUSTIN
Matthew S. West, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PRESENTATION - ITEM 7
PRESENTATION - ITEM 10
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3029
ATTENDANCE - 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): (1 case)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
3. LIABILITY CLAIMS – [Government Code § 54956.95]: (4 cases) A.
Claim of Alberto Rocca, Claim No. 22-32
B.
Claim of Monica Lopez, Claim No. 22-35
C.
Claim of Brenda Ramirez, Claim No. 22-36
D.
Claim of Hoa Le, Claim No. 22-38
4. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] - A.
Title: City Manager
CONFERENCE WITH LABOR NEGOTIATOR - pursuant to Government Code § 54957.6: (1 case) A.
Unrepresented employee: City Manager, Matthew S. West
Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources
REGULAR MEETING OF THE CITY COUNCIL
- 7:00 P.M.
CALL TO ORDER – #3029
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion 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.
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 - 8)
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 OCTOBER 18, 2022.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on October 18, 2022.
AGENDA ITEM
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 $1,002,034.54 and Demands in the amount of $3,064,317.09.
AGENDA ITEM
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. Local health officials continue to recommend measures to promote social distancing.
AGENDA ITEM
5. FY2021 URBAN AREA SECURITY INITIATIVE (UASI) GRANT
The City of SANTA ANA, in its capacity as a Core City for the Anaheim/Santa Ana Urban Area, has applied for, received and accepted a grant entitled "FY 2021 Urban Areas Security Initiative" (UASI) Grant Program. This grant is from the Federal Department of Homeland Security, Federal Emergency Management Agency, through the State of California’s 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 Office of Grants and Training has awarded $5,113,750.00 to the City of SANTA ANA for use in the Anaheim/Santa Ana Urban Area, for the performance term of September 1, 2021 through March 31, 2024 (FY2021). In which, the grant period for sub-recipients (City of Tustin) can be awarded through the period August 10, 2022 to March 31, 2024. 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.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution 22-50, designating the Chief of Police or his designee as the City's authorized representative for the FY 2021 UASI grant.
2. Approve the FY 2021 UASI Transfer Agreement between the City of Santa Ana and the City of Tustin.
RESOLUTION NO. 22-50
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 2021 URBAN AREAS SECURITY INITIATIVE (UASI)
AGENDA ITEM
6. FRONTIER PARK MOSAIC TILE MURAL PUBLIC ART PROJECT
At their October 19, 2022, Regular Meeting, the Community Services Commission recommended forwarding the design for the Frontier Park Mosaic Tile Mural approved by the Public Art Committee to the City Council for final consideration.
Recommendation:
It is recommended that the City Council adopt Resolution 22-54 approving the design for the Frontier Park Mosaic Tile Mural, which was created via a public input process led by artist Mike Tauber.
RESOLUTION NO. 22-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE ARTWORK AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE ARTIST
AGENDA ITEM
7. TUSTIN CITY CODE UPDATE - SOLID WASTE CHAPTER
On November 16, 2021, the City Council approved changes to the Tustin City Code (TCC) to ensure the City complies with Senate Bill 1383 requirements. Specifically, the Solid Waste Chapter was updated to require that all properties subscribe to recycling services for traditional dry recyclables as well as organics if they generate those materials. Staff has spent the last year implementing recycling programs and working with CalRecycle on plans to ensure all customers are fully compliant by December 31, 2023. Through this work, staff has identified TCC revisions that will assist in timely implementation of recycling programs throughout the community.
Recommendation:
It is recommended that the City Council conduct first reading by title only of Ordinance No. 1530 amending Chapter 3 of Article 4 of the Tustin City Code related to solid waste.
ORDINANCE NO. 1530
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4, CHAPTER 3 OF THE TUSTIN CITY CODE PERTAINING TO MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS
AGENDA ITEM
8. SALARY RESOLUTION FOR UNREPRESENTED PART-TIME NONBENEFITTED EMPLOYEES Adoption of the attached Resolution will authorize modified terms and conditions of employment for unrepresented Part-Time Non-Benefitted employees as a result of an upcoming increase in the State minimum wage.
Recommendation:
It is recommended that the City Council adopt Resolution No. 22-53 for Part-Time Non-Benefitted employees.
RESOLUTION NO. 22-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION FOR UNREPRESENTED PART-TIME NON-BENEFITTED EMPLOYEES AND SUPERSEDING RESOLUTION 21-83
AGENDA ITEM
PUBLIC HEARING ITEM 9
9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1529 (AMENDING CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN CITY CODE AND ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE, RELATED MODEL CODES WITH CERTAIN APPENDICES, AND SUPPLEMENTAL REGULATIONS, AND ADOPTING AMENDMENTS THERETO) Adoption of Ordinance No. 1529 amends the 2022 Building Standards Code with certain Appendices and supplemental regulations. Resolution No. 22-43 is the accompanying resolution that provides express findings that such changes or modifications are reasonably necessary due to local climatic, geological or topographical conditions for the City of Tustin.
Recommendation:
That the City Council:
1. Adopt Resolution No. 22-43 setting forth findings as to local climatic, geological or topographical conditions within the City of Tustin which make it reasonably necessary to make certain amendments to the 2022 Building Standards Code; and
2. Have second reading by title only and adoption of Ordinance No. 1529.
ORDINANCE NO. 1529
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING CODE AMENDMENT 2022-0006 AMENDING CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN CITY CODE AND ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE, RELATED MODEL CODES WITH CERTAIN APPENDICES, AND CERTAIN SUPPLEMENTAL REGULATIONS, INCLUDING: THE CALIFORNIA BUILDING CODE, 2022 EDITION, ADDING APPENDIX Q; THE CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; THE CALIFORNIA FIRE CODE, 2022 EDITION, INCLUDING APPENDICES B, BB, C, CC, AND H; THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; THE CALIFORNIA PLUMBING CODE, 2022 EDITION; THE CALIFORNIA MECHANICAL CODE, 2022 EDITION; THE CALIFORNIA ELECTRICAL CODE, 2022 EDITION; THE CALIFORNIA ENERGY CODE, 2022 EDITION; THE CALIFORNIA HISTORICAL BUILDING CODE, 2022 EDITION; THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; THE CALIFORNIA REFERENCED STANDARDS CODE, 2022 EDITION; THE UNIFORM HOUSING CODE, 1997 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2021 EDITION; WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS.
RESOLUTION NO. 22-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE NECESSARY CERTAIN MODIFICATIONS AND CHANGES TO THE 2022 CALIFORNIA BUILDING STANDARDS CODE
AGENDA ITEM
REGULAR BUSINESS ITEM 10
10. 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 ITEM
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, November 15, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.