CITY OF TUSTIN SPECIAL MEETING
OF THE CITY COUNCIL
Letitia Clark, Mayor Pro Tem
Ryan Gallagher, Councilmember
Rebecca Gomez, Councilmember
Ray Schnell, Councilmember
Austin Lumbard, Mayor
FEBRUARY 7, 2023
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
ITEM DISTRIBUTED TO COUNCIL AFTER AGENDA PACKET POSTING
PUBLIC INPUT INSTRUCTIONS
PRESENTATION - ITEM 13
PRESENTATION - ITEM 14
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3034
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: (1 case) A.
Claim No. 22-47, Claim of Kyle Wong
4. 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)
REGULAR MEETING OF THE CITY COUNCIL
- 7:00 P.M.
CALL TO ORDER – #3034
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.
PRESENTATIONS - Black History Month Proclamation
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 - 12)
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 JANUARY 17, 2023.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on January 17, 2023.
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 $936,173.21 and Demands in the amount of $7,907,285.91.
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. TUSTIN LEGACY DISPOSITION PARCEL 6B CERTIFICATE OF COMPLIANCE AND TERMINATION OF PUBLIC ACCESS COVENANT AND DECLARATION OF EASEMENT Request for authorization to execute the Certificate of Compliance (Certificate) and the Termination of Public Access Covenant and Declaration of Easement (Termination) for Tustin Legacy Disposition Parcel 6B (Levity at Tustin Legacy).
Recommendation:
Authorize the City Manager to execute the Certificate and Termination, subject to any non-substantive modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney.
AGENDA ITEM
6. ADOPTION OF THE 2023 INVESTMENT POLICY
The City’s Investment Policy is reviewed on an annual basis for submission and approval by the City Council. The Audit Commission reviewed the proposed changes to the Investment Policy at the December 15, 2022 and January 12, 2023 meetings and recommends that the City Council adopt the Investment Policy for Calendar Year 2023.
Recommendation:
It is recommended that the City Council adopt the City's Investment Policy for Calendar Year 2023, which includes proposed changes to the Investment Policy that continues to provide for safety and liquidity while achieving a reasonable rate of return.
AGENDA ITEM
7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT ~ ZONE 4, CIP NO. 70022 The plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project for Zone 4 (CIP No. 70022) have been prepared and the project is now ready for bid.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 23-06 approving the plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project ~ Zone 4, (CIP No. 70022), and authorize the City Clerk to advertise to receive bids; and
2. Appropriate $2,600,000 from the Measure M2 Fund (Fund139) and $865,000 from the Gas Tax Fund (Fund130) for sidewalk and roadway 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. 23-06
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 4, CIP NO. 70022 AND AUTHORIZING ADVERTISEMENT FOR BIDS
AGENDA ITEM
8. ADOPT RESOLUTION NO. 23-05 ORDERING THE PREPARATION OF THE ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023-2024 State law requires an engineering analysis each year to identify property benefits and to levy assessments in the Tustin Landscape and Lighting District. Resolution No. 23-05 orders the preparation of the Engineer’s Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2023-2024.
RESOLUTION NO. 23-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023-2024 Recommendation:
It is recommended that the City Council adopt Resolution No. 23-05 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District levy of Annual Assessments for Fiscal Year 2023-2024.
AGENDA ITEM
9. APPROVE ATTACHMENT AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY The Southern California Gas Company (Gas Company) has been deploying advanced metering technology throughout their service area. As part of this deployment, the Gas Company is requesting authorization to attach a metering device to a City owned street light pole.
Recommendation:
It is recommended that the City Council approve the Attachment Agreement with the Southern California Gas Company and authorize the Mayor and City Clerk to execute the agreement on behalf of the City.
AGENDA ITEM
10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1531 APPROVING ZONE CHANGE 2022-0001, AMENDING THE ZONING DESIGNATION FROM RETAIL COMMERCIAL DISTRICT (C1) WITH A PARKING OVERLAY (P) TO MULTI-FAMILY RESIDENTIAL (R3) TO ACCOMMODATE THE CONSTRUCTION OF A 40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE BOULEVARD Adoption of Ordinance No. 1531 approves Zone Change 2022-0001 to change the Zoning District of the subject property from Retail Commercial District (C1) with a Parking Overlay (P) to Multi-Family Residential (R3) to facilitate the development of forty (40), three-story residential units on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No. 1531. ORDINANCE NO. 1531
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING ZONE CHANGE 2022-0001, AMENDING THE ZONING DESIGNATION FROM RETAIL COMMERCIAL DISTRICT (C1) WITH A PARKING OVERLAY (P) TO MULTI-FAMILY RESIDENTIAL (R3) TO ACCOMMODATE THE CONSTRUCTION OF A 40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE BOULEVARD
AGENDA ITEM
11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1532 APPROVING DEVELOPMENT AGREEMENT (DA) 2022-0002 BETWEEN THE CITY OF TUSTIN AND INTRACORP SO CAL-1, LLC TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING TWO (2) AFFORDABLE HOUSING UNITS FOR VERY-LOW INCOME HOUSEHOLDS, EQUITY SHARING, AND PAYMENT OF AN AFFORDABLE HOUSING IN-LIEU FEE AND FOR A 40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE BOULEVARD Adoption of Ordinance No. 1532 approving Development Agreement 2022-0002 to accept the voluntary provision of community public benefits, by including two (2) affordable housing units for very-low income households, equity sharing, payment of affordable housing in-lieu fee.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No. 1532. ORDINANCE NO. 1532
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT (DA) 2022-0002 BETWEEN THE CITY OF TUSTIN AND INTRACORP SO CAL-1, LLC TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING TWO (2) AFFORDABLE HOUSING UNITS FOR VERY-LOW INCOME HOUSEHOLDS, EQUITY SHARING, AND PAYMENT OF AN AFFORDABLE HOUSING IN-LIEU FEE AND FOR A 40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE BOULEVARD
AGENDA ITEM
12. APPOINTMENT OF CITY TREASURER
The City Council temporarily appointed the City Manager as City Treasurer until the Director of Finance position was filled. Now that the City has a new Director of Finance, staff recommends that the City Council appoint this individual as City Treasurer.
Recommendation:
Appoint new Director of Finance, Jennifer King, as the City Treasurer, effective February 8, 2023.
AGENDA ITEM
REGULAR BUSINESS ITEMS 13-14
13. PUBLIC ART POLICY UPDATES AND PROPOSED ORDINANCE FOR PUBLIC ART COMMISSION The Public Art Policy has been reviewed and staff is recommending updates, as well as the proposed Ordinance 1534 which, if adopted, would establish the Public Art Commission as an advisory body to City Council in relation to implementation of the updated Public Art Policy.
Recommendation:
It is recommended that the City Council:
1. Approve updates to the Public Art Policy.
2. Conduct first reading by title only of Ordinance No. 1534 amending the Tustin City Code by adding Part 8 to Chapter 5 of Article 1 of the Tustin City Code to establish the Public Art Commission.
3. Appoint the sitting Public Art Committee members to the Public Art Commission to serve out the remainder of their terms.
ORDINANCE NO. 1534
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADDING PART 8 TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATED TO THE ESTABLISHMENT OF A PUBLIC ART COMMISSION
AGENDA ITEM
14. LEGISLATIVE UPDATE
Recap of 2022 Legislative activities by the City’s advocacy consultant Townsend Public Affairs (TPA), consideration of 2023 Legislative Platform and updates on legislative activity at the state and federal level.
Recommendation:
1. Receive presentation on 2022 Legislative recap by TPA
2. Adopt 2023 Legislative Platform
3. Receive and file legislative update prepared by TPA
AGENDA ITEM
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, February 21, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.