City Council March 1, 2022
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MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 p.m.
CALL TO ORDER – #3016 at 5:01 p.m
ATTENDANCE – City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tem Barry W. Cooper and Council Members Letitia Clark (via Zoom, arrived at 5:32 p.m.), Ryan Gallagher and Rebecca Gomez
Absent: None
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 3, 4, and 5 as it appears on the Closed Session agenda including conference with its real property negotiators Matthew S. West and Chris Koster and negotiating parties as it appears on the Closed Session agenda including Amy Jo Hill, Real Estate Contracting Officer with the Department of the Navy.
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 TUSTIN REGULAR MARCH 1, 2022
MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY,TUSTIN
COUNCIL CHAMBER AND
VIDEO CONFERENCE
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager Ryan Gallagher, Council Member Erica N.Yasuda, City Clerk Rebecca Gomez, Council Member David E. Kendig, City Attorney
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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. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case)
A. Emily Garcia and C.G., by and through her guardian Rosala Becerra vs. the City of Tustin, Estella (sic) Silva; U.S. Dist. Ct., C.D. of Cal. Case No. 8:22-cv- 00131-DOC-KES.
4. LIABILITY CLAIMS – [Government Code § 54956.95]: (2 cases)
A. Claim of Wendy Ramirez; Claim No. 22-07
B. Claim of Kevin Ramirez; Claim No. 22-08
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case)
6. A. Property
Address/Description
APN 430-283-10, 22, 23, 30 (portion), 29, 33, 35, 37
Agency City of Tustin
City Negotiators Matthew S. West, City Manager; and Christopher Koster, Director of Economic Development
Negotiating Parties Ann-Marie Gabel, Vice Chancellor Business Services, South Orange County Community College District
Department of the Navy
Under Negotiation Price and Terms of Payment of Exchange and Lease
Recessed at 5:02 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
6:30 P.M.
CALL TO ORDER – #3016 at 6:30 p.m.
INVOCATION - Pastor Dane Counts, Kings Way Foursquare Church
PLEDGE OF ALLEGIANCE – Council Member Gallagher
PUBLIC INPUT –
1. John Garay
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CLOSED SESSION REPORT – City Attorney David E. Kendig: The City Council unanimously denied Claim N o. 22-07 submitted by Wendy Ramirez and Claim No. 22-08 submitted by Kevin Ramirez. Other than that, there was no reportable action.
CONSENT CALENDAR ITEMS 1 – 9
Council Member Gomez requested to pull Item No. 8
It was moved by Council Member Gomez and seconded by Mayor Pro Tem Cooper to pull Item 8 and approve the balance as recommended by staff.
Public Input – None
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 FEBRUARY 15, 2022.
Motion: The City Council approve d the Action Minutes of the Regular Meeting of the City Council held on February 15, 2022.
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 approve d Payroll in the amount of $ 897,563.66; and Demands in the amount of $1,867,142.23.
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.
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Motion: Made 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.
5. OLD TOWN TUSTIN PLANTER BOX PUBLIC ART PROJECT PHASE 4
At their February 16, 2022, Regular Meeting, the Community Services Commission recommended to forward three planter box art concepts, that were previously approved by the Public Art Committee, for consideration by the City Council to complete the Old Town Tustin Planter Box Public Art Project.
Motion: The City Council adopted Resolution 22-09 approving three planter box art designs and authorized the Parks and Recreation Department to execute agreements with the respective artists.
RESOLUTION NO. 22-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA
APPROVIN
G THE ARTWORK AS RECOMMENDED BY THE PUBLIC ART
COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION
DEPARTMENT TO EXECUTE AGREEMENTS WITH THE RESPECTIVE ARTISTS
6. PIONEER ROAD PARK SEAT WALL MURAL PUBLIC ART PROJECT
At their February 16, 2022, Regular Meeting, the Community Services Commission recommended to forward a public art wall mural design selected by the Public Art Committee for consideration by the City Council.
Motion: The City Council adopted Resolution 22-10 approving the wall mural design, submitted by artist Tom Clark, to be installed on the seat wall of the Pioneer Road Park splash pad and authorized the Parks and Recreation Department to execute an agreement with the artist.
RESOLUTION NO. 22-10
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
7. FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT
WITH NEW CINGULAR WIRELESS PCS, LLC (AT&T) FOR EXISTING WIRELESS FACILITIES AT VETERANS SPORTS PARK (1645 VALENCIA ROAD)
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First Amendment to Communications Site License Agreement between the City of Tustin and New Cingular Wireless PCS, LLC (AT&T) for the cell site at Veterans Sports Park. The Amendment would allow New Cingular Wireless PCS, LLC to make additional improvements to an existing communications site as described in Exhibit 3-A of the attachment.
Motion: The City Council took the following actions:
1. Approved the attached First Amendment to Communications Site License Agreement with New Cingular Wireless PCS, LLC for the cell site at Veterans Sports Park; and
2. Authorized the City Manager to execute this First Amendment.
8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE PINE TREE PARK IMPROVEMENTS PROJECT CIP NO. 20087
The plans and specifications for the Pine Tree Park Improvements Project (CIP No. 20087) have been prepared and the project is now ready for bid.
Council Member Gomez expressed concern regarding the park closure during summer. Director of Public Works Douglas S. Stack addressed her concerns.
It was moved by Council Member Gomez and seconded by Council Member Clark to adopt Resolution No. 22- 11 approving the plans and specifications for the Pine Tree Park Improvements Project (CIP No. 20087); and authorize the City Clerk to advertise to receive bids.
Roll Call Vote – City Clerk
Motion carried: 5-0
RESOLUTION NO. 22-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONS FOR THE PINE TREE PARK IMPROVEMENTS PROJECT CIP NO. 20087 AND AUTHORIZING
ADVERTISEMENT FOR BIDS
9. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 3, CIP NO. 70021
The plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project for Zone 3 (CIP No. 70021) have been prepared and the project is now ready for bid.
Motion: The City Council:
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1. Adopted Resolution No. 22-08 approving the plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project - Zone 3, (CIP No. 70021), and authorized the City Clerk to advertise to receive bids; and
2. Appropriated $630,000 from the Measure M2 Fund (Fund139) for sidewalk repairs and $1,700,000 from the General Fund - Capital Improvement Program (Fund 200) for roadway repairs to meet the City's Measure M2 Maintenance of Effort (MOE) obligation.
RESOLUTION NO. 22-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 3, CIP NO. 70021
AND AUTHORIZING ADVERTISEMENT FOR BIDS
PUBLIC HEARING ITEM 10
10. COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENTS
PERFORMANCE EVALUATION
Management Analyst II Adrianne DiLeva provided a Powerpoint presentation.
The Housing and Community Development Act of 1974, as amended, established the Community Development Block Grant (CDBG) program to return federal funds to local communities for the purpose of developing viable urban communities by providing decent housing, suitable living environments, and by expanding economic opportunities, specifically for low- and moderate-income persons. The City of Tustin’s CDBG grant award for the 2022-23 program year is anticipated to be approximately $800,000 based on the prior year funding allocation provided by the federal Department of Housing and Urban Development (HUD).
Pursuant to CDBG program regulations, to carry out the program, the City will need to have at least two public hearings. One hearing is conducted during the preparation of the Action Plan, and another for the adoption of the Action Plan. This is the first public hearing, with the purpose to inform interested citizens about the CDBG program, obtain citizens’ views on CDBG priorities, and to provide a report on the performance of the eleven (11) current year public service CDBG fund subrecipients (also known as nonprofit subrecipients).
Public Hearing opened at 6:45 p.m.
Public Input – John Garay
Public Hearing closed at 6:48 p.m.
It was moved by Council Member Gomez and seconded by Mayor Pro Tem Cooper to review the current Consolidated Plan priorities and consider non- profit subrecipient’s performance evaluations, and approve continued funding for Year 3.
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Roll Call Vote – City Clerk
Motion carried: 5-0
OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
Reported that at the last City Council budget meeting, the City Council put forth additional funds in the Tustin Cares Program toward small business grants for businesses, nonprofits and other businesses programs.
Announced Economic Development Department has been working with the Small Business Development Center (SBDC) to host a small business clinic on Tuesday, March 29, 2022 at the Clifton C. Miller Community Center from 5:30 PM to 8:30 PM; business owners within the City will receive an opportunity to meet with a consultant for a thirty -minute session to address any immediate needs about marketing, operations or financials at no cost to the business owner; additionally, the business owner will be assigned a primary consultant to shepherd them through this process with follow up meetings.
This event is by registration only; encouraged anyone who is interested to visit tustinsbc.eventbrite.com to register; the Economic Development Department will be launching this information out to all Tustin businesses; this event has happened in the past with success; this is an innovative way the City is helping businesses flourish out of the COVID-19 pandemic.
City Attorney David E. Kendig
No report.
COUNCILMEMBER COMMENTS AND REPORTS
Mayor Lumbard announced the following upcoming events:
Upcoming Events
March 12
Free Shredding Event
8:00 AM to 2:00 PM
Location: City Hall Parking Lot
March 18
Casino Night
7:00 PM to 10:00 PM
Location: Clifton C. Miller Community Center
March 28
City of Tustin and County of Orange One-Stop Mobile Employment Unit 10:00 AM to 4:00 PM
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Location: Tustin Library
Council Member Gomez
February 17
• Attended the Orange County League of Cities General meeting; reported two public speakers present ed; one was a public safety lobbyist, gave an update on public safety legislation including : efforts to roll back Prop 47, fire safety and emergency services, the State budget, and cannabis; reported the second public speaker was from the American Red Cross, gave an update on the services of the American Red Cross of Orange County provid ing first responder services, emergency preparedness for the upcoming fire season, extreme heat services for senior citizens and benefits to veterans.
• Attended the Orange County Mosquito and Vector Control District Board meeting; discussed an overview of the trustee’s roles and responsibilities, gave an update on the sterile insect techniques project and the outreach events for 2022; announced there will be a virtual open house for City C ouncil Members on April 28, 2022, will report more information as the date gets closer.
• Attended the Orange County Human Relations roundtable discussion responding to hate crimes; reported other Orange County elected officials attended and discussed hate incidents within the County.
February 22
Met with the new Tustin Unified School District’s Superintendent, Dr. Mark Johnson.
February 24
Attended the Orange County Public Libraries’ Library Advisory Board meeting; the following items were discussed:
• Elected officers for the upcoming year;
• Presentation on the library remodeling projects in the County was given; • New project to help count patrons in the library and the times of day to assist with staff and resources;
• Announced a couple of new programs ; stated will share this information with City staff to share on social media outlets:
o Books by Mail, provides books on CD to homebound residents in the County with physical disabilities, long-term illness or lack of transportation, this is an ongoing service to the senior population;
o Zip Books is a grant funded project from the California State Library to help enhance library collections and rapidly meet customer needs; this is an alternative to the inner library loan program , which allows quicker service to patrons by mailing requested and qualifying items directly to patron’s homes, which they return by mail, which is also free;
o Orange County Stories is the library’s online collection of historic photographs and videos, they celebrate the County’s rich cultural diversity by documenting historical events, people, business and institutions over the past 100 years; there are videos that range from interviews with 1932 Gold Medalist Evely n Furtsch Ojeda, a former Tustin resident that passed away a few years ago, to DocuSign Envelope ID: FFE397D8-9AF0-4948-AF09-C6B595830381 City Council March 1, 2022
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a collection with native populations and tribal members along with several other interviews; Orange County Public Libraries was awarded a two year grant to produce an online col lection of videos to be added to these Orange County Stories;
o Reminded everyone of the Orange County Memory Lab which is only at the Tustin Library allowing patrons to digitalize their photographs and videos; this lab is a free, do-it-yourself digitization to preserve documents, photos, audio visual items; they provide the equipment to learn and walk participants through the process.
February 26
• Toured the Banning Ranch Conservancy Area.
• Toured the new Brookfield Development’s Luna Project; announced ther e are interesting floorplans that utilize space for some good living options.
Council Member Gallagher
Met with the new Tustin Unified School District’s Superintendent, Dr. Mark Johnson; the School District is very lucky to have him as their Superintendent; announced how engaged Dr. Johnson is with the community; enjoyed meeting with Dr. Mark Johnson.
February 23
Attended the Orange County Sanitation District (OCSD) Board of Directors meeting; reported labor negotiations are underway.
Thanked Director of Public Works/City Engineer Douglas S. Stack and his department’s work in recognition of National Engineers Week, February 20, 2022 through February 26, 2022.
Council Member Clark
Attended the Girls Inc. of Orange County’s A Bedtime Story event; read Mommy is the Mayor; discussed inclusion, representation and the Girls Inc. motto, “ Strong, Smart and Bold”.
Attended Peters Canyon Elementary School’s Parent Teacher Organization (PTO) Human Relations Committee meeting as a guest speaker; reported was their first committee meeting; stated this committee covers diversity, equity, and inclusion.
March 1
Attended the Voi Julie Diep Show on Little Saigon TV as guest speaker to celebrate t he beginning of Women’s History Month; wished everyone a Happy Women’s History Month.
Recognized Council Member Gallagher for National Engineers Week.
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Mayor Pro Tem Cooper
February 22
Met with the Tustin Historical Society at Friend’s Café; gave a brief overview and discussed the exciting projects that are underway in Tustin; recognized Geoffery Perea, chef/owner of Friend’s Café for hosting and catering the event for approximately fifty people.
Announced the Santa Ana and Tustin Unified School Districts are in collaboration with the Santa Ana Host Lions Club, OC Central Lions Club and the Tustin Host Lions Club are sponsoring a Free Vision Screening and Free Recycled Glasses event on M arch 5, 2022 from 8:00 AM – 2:00 PM at Columbus Tustin Middle School; reported the last event gave 1200 glasses away; reported vision screenings are a great indicator for diabetes; mentioned volunteers needed; stated is a wonderful yearly program; encouraged everyone to come.
Mayor Lumbard
February 16
• Met with local real estate brokers at Roundtable Pizza to provide an update on what Tustin is doing this coming year and the City Council’s goals. • Met with Orange County’s Second District Supervisor Katrina Foley’s staff and County of Orange staff , along with Council Member Gomez and Council Member Clark, to discuss housing opportunities, regional solutions and Project Home Key projects; is a very important topic; appreciated Supervisor Foley hosting the event.
February 17
Attended the Airport Land Use Commission (ALUC) meeting; reported Orange County Cities continue to have housing conflicts with the State of California’s ruling, requiring all cities to add additional housing units; stated Tustin is not alone in this matter.
February 18
• Visited Tustin Hyundai and Tustin Mazda to present certificates of recognition for being rated #1 for their customer online reputation in the nation; thanked the dealerships for what they are doing to earn such a recognition. • Met with the new Tustin Unified School District’s Superintendent, Dr. Mark Johnson; reported Dr. Johnson has been on the job for 50 days and met with 49 representatives since starting; was very impressed with the new Superintendent.
February 23
• Held a Cub Scout tour at City Hall; thanked Communications Manager Stephanie Najera for conducting the tour.
• Attended the Transportation Corridor Agencies (TCA) Joint Capital Programs and Project committee meeting; continued to discuss the 241 and 91 Express Lanes connector project.
February 24
Attended the Transportation Corridor Agencies (TCA) Joint Environmental Committee DocuSign Envelope ID: FFE397D8-9AF0-4948-AF09-C6B595830381 City Council March 1, 2022
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meeting.
February 25
• Attended, with City Manager Matthew S. West, the Public Art Committee and Tustin Area Council for Fine Arts’ (TACFA) unveiling of the newly painted traffic signal cabinets; reported one is North of Peppertree Park on First Street and B Street; the second is at Sixth Street and El Camino Real; TACFA has partnered with the Public Art Committee to fund the cabinet paintings with Tustin Unified School District students’ artwork to beautify the community; called on the community for someone to do patriotic art and Tustin heritage art, agricultural roots would be welcomed additions.
• Held Mayoral Office hours; met with a couple of residents. • Toured the Marconi Auto Museum; reported the museum is revamping their meetings and events at the direction of John Marconi, Dick Maroni’s son; exciting things to come.
ADJOURNED IN SOLIDARITY WITH THE PEOPLE OF UKRAINE
ADJOURNMENT at 7:21 p.m. The next meeting is scheduled on Tuesday, March 15, 2022 for the Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m.
___________________________ _____________________________ AUSTIN LUMBARD, ERICA N. YASUDA,
Mayor City Clerk
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