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
MAY 3, 2022
300 CENTENNIAL WAY, TUSTIN
Matthew S. West, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PUBLIC INPUT - MARIE LUEBBERS
PRESENTATION - ITEM 8
PRESENTATION - ITEM 9
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 – #3020
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): (2 cases)
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—ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9, and paragraph (5) or subdivision (e) of Section 54956.9. (1 case)
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code 54956.8]: (1 case) A.
Property Address/Description: Lots 11, 12 and 13 of Tract 18197 Agency: City of Tustin
City Negotiators: Matthew S. West, City Manager & Christopher Koster, Director of Economic Development Negotiating Parties: Mark Janda, Senior Vice President - Development, AvalonBay Communities Inc. and Lara Regus, Senior Vice President, Development, Abode Communities Under Negotiation: Price and Terms of Payment
5. LIABILITY CLAIMS – [Government Code § 54956.95]: (12 cases) A.
Claim of Elizabeth Inocencio, Claim No. 21-19
B.
Claim of Gar Myers, Claim No. 21-23
C.
Claim of Angelica Perez Aguilar, Claim No. 21-30
D.
Claim of Ryan Lutz, Claim No. 21-31
E.
Claim of Ignacio Garcia-Coria, Claim No. 21-32
F.
Claim of Rita Higgins, Claim No. 21-35
G.
Claim of Mari Bayramian, Claim No. 21-37
H.
Claim of Jolene Illingworth, Claim No. 22-02
I.
Claim of Cristina Montijo, Claim No. 22-03
J.
Claim of Sek Yee Chang, Claim No. 22-04
K.
Claim of Wendy Sorensen, Claim No. 22-15
L.
Claim of Farmers Ins Exchange a/s/o Wendy Sorensen, Claim No. 22-20
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 – #3020
INVOCATION - Pastor Dane Counts, Kings Way Foursquare Church PLEDGE OF ALLEGIANCE – Council Member Clark
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 - 7)
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 APRIL 19, 2022.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on April 19, 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 $932,902.29 and Demands in the amount of $2,368,545.60.
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. CREATIVE SIGNALS PUBLIC ART PROJECTS
At their April 20, 2022, Regular Meeting, the Community Services Commission recommended forwarding two public art Creative Signals cabinet wrap designs selected by the Public Art Committee for consideration by the City Council.
Recommendation:
It is recommended that the City Council adopt Resolution 22-20 approving two Creative Signals wrap designs, submitted by the Heavy Collective and Kurt Brizzolara, to be installed on the traffic signal cabinets at the corner of Newport Avenue and Holt Avenue and District Drive and Park Avenue, respectively, and authorize the Parks and Recreation Department to execute an agreement with the wrap vendor Majestic Sign Studio of Corona. RESOLUTION NO. 22-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE ARTWORK FOR TWO TRAFFIC SIGNAL CABINET WRAPS AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AGREEMENTS WITH THE RESPECTIVE ARTISTS AND MAJESTIC SIGN STUDIO
AGENDA REPORT
6. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2022-2023 ASSESSMENTS At the February 15, 2022 meeting, the City Council ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report has now been completed and is ready for City Council approval. Additionally, it is requested that the City Council declare its intention to levy annual assessments and set a public hearing for June 7, 2022.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 22-18 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2022-2023; and
2. Adopt Resolution No. 22-19 declaring its intention to levy annual assessments for Fiscal Year 2022-2023 and setting a public hearing for June 7, 2022.
RESOLUTION NO. 22-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2022-2023 RESOLUTION NO. 22-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2022-2023 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF
AGENDA REPORT
7. AWARD OF CONTRACT FOR THE PINE TREE PARK IMPROVEMENTS PROJECT, CIP NO. 20087 Bids for the Pine Tree Park Improvements Project (CIP No. 20087) have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder, Horizons Construction Company International ("Horizons").
Recommendation:
1. Deny the bid protest submitted by Handy Industrial ("Handy") as to Horizons;
2. Deny the bid protest submitted by Klassic Engineering and Construction, Inc. ("Klassic") as to Horizons;
3. Appropriate CDBG funds in the amount of $871,035 ($437,455 from program year 22/23 and $433,580 from prior CDBG Program Years);
4. Award the construction contract to Horizons, the lowest responsive/responsible bidder, in the amount of $2,096,819.17, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City.
Agenda Report
REGULAR BUSINESS ITEMS 8-9
8. EXCLUSIVE NEGOTIATING AGREEMENT WITH AVALONBAY COMMUNITIES INC. AND ABODE COMMUNITIES FOR PORTIONS OF TUSTIN LEGACY DISPOSITION AREAS 2B, 2C AND 8 Request for authorization to enter into an Exclusive Negotiating Agreement (ENA) with AvalonBay Communities Inc. (AvalonBay) and Abode Communities (Abode) (collectively, “Developer”) for the disposition and development of portions of Disposition Areas 2B, 2C and 8 at Tustin Legacy for a multifamily mixed-use project.
Recommendation:
Authorize the City Manager to execute the Exclusive Negotiating Agreement between the City and Developer.
AGENDA REPORT
9. REUSE PARCEL 18 UPDATES
Updates on Reuse Parcel 18 cleanup activities, future phases of work, and the reuse planning process.
Recommendation:
It is recommended that the City Council, acting as the Local Reuse Authority (LRA) for former Marine Corps Air Station (MCAS) Tustin, receive and file the staff report, attachments and presentation.MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA No agenda report has been prepared by staff Pursuant to Resolution No. 21-105, if any three (3) members of the Council approve a motion to agendize any of the following items for a future meeting, the City Manager will initiate preparation of an appropriate agenda report and evaluate the tentative dates for the requested item to be placed on the agenda for discussion and consideration by the City Council.
AGENDA REPORT
10. REQUEST TO DISCUSS AT A FUTURE MEETING WHETHER TO ADOPT A TERM CHANGE FOR ELECTED MAYOR FROM FOUR YEARS TO TWO YEARS Requested By Council Member Clark, Co-Signed By Council Member Gomez Recommendation
: Pleasure of the City Council.
COUNCIL REQUESTED ITEM
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, May 17, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.