City Council October 3, 2023
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MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M.
CALL TO ORDER – #3045 at 5:37 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 Mayor Pro Tem Clark participated in the closed session meeting and open 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 City Council will discuss two items listed under Item No. 1 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) CITY OF TUSTINREGULAR OCTOBER3, 2023
MEETINGOF THE CITY COUNCIL 300 CENTENNIALWAY, TUSTIN
COUNCILCHAMBER
VIDEOCONFERENCE
Letitia Clark, Mayor Pro Tem
Ryan Gallagher, CouncilMember Austin Lumbard, Mayor MatthewS. West, City Manager RebeccaGomez, CouncilMember Erica N. Yasuda, City Clerk Ray Schnell, CouncilMember David E. Kendig, City Attorney DocuSign Envelope ID: E6E2F754- 7930- 40FC- A168- 236B2642307B City Council October 3, 2023
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2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
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)
Recessed to Closed Session at 5:38 p.m.
MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M.
CALL TO ORDER – #3045 at 7:07 p.m.
INVOCATION - Dr. Samar Aziz, Sabil USA
PLEDGE OF ALLEGIANCE – Council Member Gallagher
PRESENTATION – The City Council presented a Proclamation to Orange County Fire Authority Chief WiedenshohlerRecognizingFire Prevention Week - October 8-14, 2023.
PUBLIC INPUT – None
CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council took no reportable action.
CONSENT CALENDAR ITEMS 1-7 - The City Attorney requested to pull Item No. 6 to provide a verbal report.
CITY ATTORNEY REPORT – David E. Kendig: The Brown Act requires a verbal summary be provided before final action is taken on salaries or salary schedules affecting a local agency executive as defined in State law. Item 6 proposes revisions to the Executive Management and Management Salary Resolution.
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As it relates to local agency executives, the Resolution would add the new job classification of Director of Public Works with an hourly rate of $80.36 to $103.04. That salary would be increased in range from $81.36 to $104.33 in July of 2024.
Council Member Gallagher requested to pull Item No. 7. It was moved by Council Member Gomez and seconded by Council Member Gallagher to pull Item No. 7 and approve the balance as recommended by staff.
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 SEPTEMBER 19, 2023
Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on September 19, 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 $ 955,371.28 and Demands in the amount of $5,808,401.31.
4. APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER PORTIONS OF LOT I OF TR 17144 SERVING ARMSTRONG
PEDESTRIAN BRIDGE AT TUSTIN LEGACY
The future construction of the Armstrong Pedestrian Bridge within Linear Park at Tustin Legacy necessitates the provision of easements for electrical service to the Bridge. Underground electrical supply systems and communication systems are to be subsequently provided.
Motion: The City Council authorized the Mayor to execute the grant of easement to Southern California Edison ("SCE") as shown on the attached easement document exhibits for the purposes of installation and maintenance of the systems as outlined in the attached easement documents; and authorized the City Manager to approve DocuSign Envelope ID: E6E2F754- 7930- 40FC- A168- 236B2642307B City Council October 3, 2023
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any future modifications to the proposed grants of easement which may be necessary to meet the intent of providing said services to the Armstrong Pedestrian Bridge project.
5. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport ( JWA) Noise Abatement Quarterly Report for the first and second quarters of 2023. The City of Tustin is within the JWA’s “Noise Impact Area” since it has the potential to be exposed to an average Community Noise Equivalent Level (CNEL) of more than 65 decibels (dB). CNEL is a weighted average of noise levels over a 24-hour period, and is a measurement frequently used in regulating the impacts of airport noise on the surrounding community. The average noise level measured at Tustin’s monitoring station (NMS 10N), which is located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained below the City, County, and State maximum criteria of 65 dB CNEL during the first and second quarter reporting period.
Motion: The City Council received and filed this report.
6. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE MANAGEMENT
AND MANAGEMENT EMPLOYEES
Adoption of the attached Resolution will update the Executive Management and Management Salary Resolution to include two new job classifications in Public Works.
It was moved by Council Member Gomez and seconded by Council Member Gallagher to adopt Resolution No. 23-45 to update the Executive Management and Management Salary Resolution.
Roll Call Vote – City Clerk
Motion carried: 5-0
RESOLUTIONNO. 23-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED
EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND
SUPERSEDING RESOLUTION21-104
7. YEAR-END UPDATE FOR FISCAL YEAR 2022-2023
This report provides the City Council with an update of the Fiscal Year 2022-2023 preliminary operating results based on actual year-end revenues and expenditures.
General Fund operating revenues are approximately $ 6.7 million higher than the amended budget, whereas General Fund expenditures are approximately $ 0.4 million lower than the amended budget.
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If the encumbrances identified in the report are approved, the General Fund reserves are expected to be at $24 million as of June 30, 2023 (or 28% of the General Fund's operating expenditures). This reserve level exceeds the City Council's target reserve policy of 20%.
Mayor Lumbard bifurcated the votes. It was moved by Mayor Lumbard and seconded by Council Member Schnell to approve the following ( Items 1 and 3 in staff’s recommendation):
Receive and file this report; and
Approve appropriations for carryover purchase orders and encumbrances identified in this report.
Roll Call Vote – City Clerk
Motion carried: 5-0
It was moved by Mayor Lumbard and seconded by Council Member Schnell to continue the discussion of the Enterprise Resource Planning (ERP) System to the next meeting and approve the remaining supplemental appropriations identified in the staff report (Item 2 in staff’s recommendation).
Roll Call Vote – City Clerk
Motion carried: 5-0
PUBLIC HEARING ITEM 8
8. FIRST READING OF ORDINANCE NO. 1537 TO AMEND CITY CODE SECTION 5331(N)-(O) FOR THE CITY’S PREFERENTIAL PERMIT PARKING PROGRAM Section 22507(a) of the State of California Vehicle Code grants cities the authority to establish preferential permit parking on designated streets or portions thereof, during all or certain times of the day, upon approval by the City Council of an ordinance or resolution containing provisions that are reasonable and necessary to assure the effectiveness of a preferential permit parking program.
On November 15, 2022, the City Council adopted the Tustin Residential Parking Action Plan ( PAP), identifying policies, procedures, and management strategies necessary to address the City’s current and future parking needs.
On June 6, 2023, consistent with the PAP, the City Council adopted Resolution 23- 26 approving the Preferential Permit Parking Program Policies and Procedures Updated Guidelines” and established Permit Parking District 1 and preferential DocuSign Envelope ID: E6E2F754- 7930- 40FC- A168- 236B2642307B City Council October 3, 2023
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permit parking fees applicable to all existing or newly established permitted parking areas.
An amendment to Section 5331(n)-(o) of the Tustin City Code is necessary to implement the PAP on public residential streets and reflect 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.
Public Hearing opened at 7:30 p.m.
Julie Dixon, Unlimited Dixon Resources, provided a PowerPoint presentation.
Public Input –
1. Sharon
2. Leland Thompson
3. Jeff Rountree
4. Michael Stoney
5. Toby Moore
6. John Keelin
7. Martha Gonzalez
8. Erika Zepeda
9. Marco
Public Hearing closed at 8:06 p.m.
It was moved by Mayor Lumbard and seconded by Council Member Gallagher that the City Council introduce and have the first reading by title only of Ordinance No. 1537 to amend City Code Section 5331 (Stopping, Standing or Parking Restricted or Prohibited on Certain Streets) and Subsections “n” (Parking by Permit Only and District Map) and “o” (Policies and Procedures for Parking by Permit Only), move the boundary in District 7 to include Browning Avenue and directed staff to bring back information regarding License Plate Readers, ADA Accommodations and answers to remaining questions at the second reading.
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”
POLICIES AND PROCEDURES FOR PARKING BY PERMIT ONLY) REGARDING THE CITY’S PREFERENTIAL PERMIT PARKING PROGRAM.
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REGULAR BUSINESS ITEM 9
9. TUSTIN WATER SERVICES SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM
CIP) PLAN
Assistant Director of Public Works Mike Grisso provided a PowerPoint presentation.
On September 19, 2023, the City held a public workshop to discuss proposed changes in water rates and set a Public Hearing pursuant to the requirements of Proposition 218. As part of the discussion, a recommendation was made to prepare and present an overview of capital improvement program ( CIP) planning as outlined in the proposed Water Financial Plan and draft 2023 Water Master Plan.
Public Input – None
The City Council received and filed.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Schnell
September 22
Met with the Government Relations Representative for Southern California Edison; discussed energy efficiency efforts, grant funding and financial support for electric vehicle EV) chargers in the city.
September 27
Attended the OsteoStrong Ribbon Cutting ceremony; a great facility to treat osteoporosis.
September 28
Attended the Cityside Networks, LLC Ribbon Cutting ceremony; announced this will be a new internet provider in the city.
October 2
Met with the Orange County Fire Authority for coffee; reported Orange County has a low risk of fire due to the rain this past Winter and Spring.
Announced on October 18th, will be attending the Tustin Chamber of Commerce Board meeting to discuss local business support efforts.
Council Member Gomez
Reported the Orange County Mosquito & Vector Control meeting was cancelled due to a lack of quorum as Board members were attending the California League of Cities conference.
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September 27
Attended the Rotary Club of Tustin - Santa Ana meeting; presented the Club with a certificate from the City of Tustin acknowledging Service Clubs Recognition Month and thanked the Club for their community service; thanked all service clubs for their efforts within the City; reported these nonprofit organizations make Tustin what it is today.
Acknowledged the passing of United States Senator, Dianne Feinstein on September 29, 2023; she served as San Francisco County Supervisor, became Mayor of San Fransico following the assassination of Mayor George Moscone and Supervisor Harvey Milk; reported she was the longest serving woman US Senator in history; stated she was a trailblazer and a shining example for many women to enter public service; she was a champion of civil rights, environmental issues, marriage equality and the banning of assault rifles; announced in 2010 received a congratulations note from United States Senator, Dianne Feinstein on winning the election; was emblematic of her leadership to reach down to the city council level to acknowledge another female; she was very supportive of female leaders throughout her career.
Announced October is Breast Cancer Awareness Month; recommends that individuals get a mammogram as preventive care.
Council Member Gallagher
September 21
Attended the California League of Cities conference; was helpful and insightful to learn other cities are having similar challenges.
Attended multiple Orange County Sanitation District Board (OCSD) meetings.
Attended Orange County Sanitation District ( OCSD) Volunteer Incentive Program ( VIP) luncheon; the luncheon acknowledges staff who gave presentations and tours throughout the year.
Mayor Pro Tem Clark
Announced the passing of Jordan Brandman, former Council Member for the City of Anaheim.
Announced Tustin Tiller Days is October 6-8, 2023; excited to see everyone out celebrating this weekend.
Deferred further comments to an upcoming meeting.
Mayor Lumbard
Deferred comments to the next meeting.
UPCOMING EVENTS
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October 6th-8th
Tustin Tiller Days at Columbus Tustin Park
October 7th
Tustin Tiller Days Parade begins at 10:00 AM from Old Town Tustin to Columbus Tustin Park
ADJOURNED at 8:44 p.m. The next meeting is scheduled on Tuesday, October 17, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
AUSTIN LUMBARD, ERICA N. YASUDA,
Mayor City Clerk
DocuSign Envelope ID: E6E2F754- 7930- 40FC- A168- 236B2642307B