CityCouncil February7, 2023
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MINUTESOF THECLOSEDSESSIONMEETINGOF THECITYCOUNCIL
5:30 P.M.
CALL TO ORDER – #3034 at 5:30 p.m.
ROLL CALL – City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tem Letitia Clark (via Zoom) and CouncilMembersRyanGallagher, RebeccaGomezand Ray Schnell
Absent: None
City Clerk: EricaN. Yasuda, City Clerk
OthersPresent: DavidE. Kendig, City Attorney; MatthewS. West, City Manager PUBLICINPUT – None
CLOSEDSESSIONUPDATE – City AttorneyDavid E. Kendig: The Council will discuss Items3 and 4 as theyappearon the agendaincludingconferencewith its labornegotiators DerickYasuda, Directorof HumanResourcesand PeterBrown, LiebertCassidyWhitmore.
CLOSEDSESSIONITEMS - The Brown Act permits legislativebodies to discusscertain matters without membersof the public present. The City Council finds, based on advice fromtheCityAttorney, that discussionin opensessionof thefollowingmatterswillprejudice the positionof the City in existingand anticipatedlitigation:
1. CONFERENCEWITHLEGALCOUNSEL – ANTICIPATEDLITIGATION - Significant exposureto litigationpursuantto GovernmentCode § 54956.9(d)(2): (1 case) CITYOF TUSTINREGULAR FEBRUARY7, 2023
MEETINGOF THECITYCOUNCIL 300 CENTENNIALWAY,TUSTIN
COUNCILCHAMBER
VIDEOCONFERENCE
LetitiaClark, MayorPro Tem
Ryan Gallagher, CouncilMember AustinLumbard, Mayor MatthewS. West, City Manager RebeccaGomez, CouncilMember EricaN. Yasuda, CityClerk
RaySchnell, CouncilMember DavidE. Kendig, CityAttorney
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2. CONFERENCEWITH LEGALCOUNSEL – ANTICIPATEDLITIGATION - Initiation of litigationpursuantto GovernmentCode § 54956.9(d)(4): (1 case)
3. LIABILITYCLAIMS – GovernmentCode § 54956.95: (1 case) A. ClaimNo. 22-47, Claimof KyleWong
4. LABORNEGOTIATIONS – [GovernmentCode § 54957.6]
Agency
Negotiators:
Derick Yasuda, Director of Human Resourcesand Peter Brown, LiebertCassidyWhitmore
Employee
Organization:
TustinPoliceSupportServicesManagementAssociation (TPSSMA) Employee
Organization:
TustinPoliceSupportServiceAssociation (TPSSA)
Recessedto ClosedSessionat 5:31 p.m.
MINUTESOF THEREGULARMEETINGOF THECITYCOUNCIL
7:00 P.M.
CALL TO ORDER – #3034at 7:09 p.m.
PRESENTATIONOF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – AmericanLegion
PUBLICINPUT –
1. ClarissaSerpas, SouthernCaliforniaGas Company
PRESENTATIONS – MayorProTemClarkpresenteda ProclamationinhonorofBlackHistory Month.
CLOSEDSESSIONREPORT – City AttorneyDavid E. Kendig: City Councilunanimously denied Claim No. 22-47, Claim of Kyle Wong. Other than that, there was no reportable action.
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CONSENTCALENDARITEMS1-12
PublicInput – None
MayorLumbardpulledItem No. 8.
CouncilMemberGomezrequestedto pull Item No. 11.
It was movedby CouncilMemberGomezand secondedby CouncilMemberGallagherto pull Item Nos. 8 and 11 and approvethe balanceas recommendedby staff.
Roll Call Vote – City Clerk
Motioncarried: 5-0
1. WAIVEREADINGIN FULL OF ALL ORDINANCESANDRESOLUTIONSON THE AGENDA
Motion: ThattheCityCouncilwaivedreadingin fullof all ordinancesandresolutions on the agendaand declaredthat said titles whichappearon the publicagendashall be determinedto havebeen read by title and furtherreadingwaived.
2. APPROVALOF MINUTES – THE REGULARMEETINGOF THE CITYCOUNCIL HELDON JANUARY17, 2023.
Motion: The City Councilapprovedthe ActionMinutesof the RegularMeetingof the City Councilheld on January17, 2023.
3. RATIFICATIONOF PAYROLLAND DEMANDS
The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin obligationsthat are in accordancewith the approvedbudgetor continuedoperationsauthorizations.
Motion: The City Council approved Payroll in the amount of $936,173.21 and Demandsin the amountof $7,907,285.91.
4. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF
TELECONFERENCINGFORMEETINGS
In order for the Council to continue to have the option to meet via teleconference duringthe pandemic, AB 361 requiresthe Councilto makespecifiedfindingsat least everythirty (30) days.
Motion: Madethe followingfindingsby majorityvote of the Council:
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A. A state of emergencyhas been proclaimedby California’s Governor due to the COVID-19 pandemicand continuesin 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 socialdistancing.
5. TUSTINLEGACY DISPOSITIONPARCEL 6B CERTIFICATEOF COMPLIANCE
ANDTERMINATIONOF PUBLICACCESSCOVENANTANDDECLARATIONOF
EASEMENT
Requestfor authorizationto executethe Certificateof Compliance (Certificate) and the Termination of Public Access Covenant and Declaration of Easement Termination) for TustinLegacyDispositionParcel6B (Levityat TustinLegacy).
Motion: Authorizedthe City Manager to execute the Certificateand Termination, subject to any non-substantivemodificationsas may be deemed necessaryand/or recommendedby the City's specialreal estatecounselor the City Attorney.
6. ADOPTIONOF THE2023INVESTMENTPOLICY
The City's Investment Policy is reviewed on an annual basis for submissionand approvalby the CityCouncil. TheAuditCommissionreviewedthe proposedchanges to the InvestmentPolicyat the December15, 2022 and January12, 2023 meetings andrecommendsthattheCityCounciladopttheInvestmentPolicyfor CalendarYear 2023.
Motion: The City Council adopted the City's InvestmentPolicy for CalendarYear 2023, which includesproposedchangesto the InvestmentPolicy that continuesto providefor safetyand liquiditywhileachievinga reasonablerate of return.
7. APPROVEPLANSAND SPECIFICATIONSAND AUTHORIZEADVERTISEMENT
FOR BIDS FOR THE ANNUAL ROADWAYREHABILITATIONAND SIDEWALK REPAIRPROJECT ~ ZONE4, CIPNO. 70022
The plans and specificationsfor the Annual RoadwayRehabilitationand Sidewalk Repair Project for Zone 4 (CIP No. 70022) have been preparedand the project is now readyfor bid.
Motion: The City Council:
1. AdoptedResolutionNo. 23-06 approvingthe plans and specificationsfor the AnnualRoadwayRehabilitationand SidewalkRepair Project ~ Zone 4, (CIP No. 70022), and authorizedthe City Clerkto advertiseto receivebids; and
2. Appropriated $2,600,000fromtheMeasureM2Fund (Fund139) and $865,000 from the Gas Tax Fund (Fund130) for sidewalk and roadway repairs and 1,700,000fromtheGeneralFund - CapitalImprovementProgram (Fund200) DocuSign Envelope ID: 92BE80D3- 75FE- 4D2C- 9D79- E3BAC3974B34 CityCouncil February7, 2023
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for roadway repairs to meet the City's Measure M2 Maintenanceof Effort MOE) obligation.
RESOLUTIONNO. 23-06
A RESOLUTIONOF THECITYCOUNCILOF THECITYOF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONSFOR THE ANNUAL ROADWAY REHABILITATIONAND SIDEWALKREPAIRPROJECT - ZONE4, CIP NO. 70022
ANDAUTHORIZINGADVERTISEMENTFORBIDS
8. ADOPT RESOLUTIONNO. 23-05 ORDERINGTHE PREPARATIONOF THE
ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICTLEVYOF ANNUALASSESSMENTSFORFISCALYEAR2023-2024
Statelawrequiresan engineeringanalysiseachyearto identifypropertybenefitsand to levy assessmentsin the Tustin Landscapeand Lighting District. ResolutionNo. 23-05 ordersthe preparationof the Engineer's Reportfor the TustinLandscapeand LightingDistrictLevy of AnnualAssessmentsfor FiscalYear 2023-2024.
MayorProTemClark, CouncilMemberGomezandCouncilMemberSchnellrecused themselvesdue to a potentialconflictin real propertyinterest.
Due to a lack of quorum, Mayor Tem Clark, Council Member Gomez and Council Member Schnell drew three sticks to determine who will remain at the dais to participatein thediscussion. MayorProTemClarkandCouncilMemberSchnelldrew the longeststicks; thereforethey exited the CouncilChamberduringthe discussion and CouncilMemberGomezremainedto participatein the discussion.
It was moved by Mayor Lumbardand secondedby CouncilMemberGallagherthat 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 Assessmentsfor FiscalYear 2023-2024.
Roll Call Vote – City Clerk
Motioncarried: 3-0-2 (MayorPro Tem Clarkand CouncilMemberSchnellabstained) RESOLUTIONNO. 23-05
A RESOLUTIONOF THECITYCOUNCILOF THECITYOF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER’S REPORT FOR THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL
ASSESSMENTSFORFISCALYEAR2023-2024
Mayor Pro Tem Clark returned to the dais virtually and Council Member Schnell returnedto the dais.
9. APPROVEATTACHMENTAGREEMENTWITH SOUTHERNCALIFORNIAGAS
COMPANY
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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 deviceto a City ownedstreetlight pole.
Motion: The City Council approved the AttachmentAgreementwith the Southern CaliforniaGas Companyand authorizedthe Mayor and City Clerk to execute the agreementon behalfof the City.
10. SECONDREADINGAND ADOPTIONOF ORDINANCENO. 1531 APPROVING ZONE CHANGE 2022-0001, AMENDINGTHE ZONING DESIGNATIONFROM RETAIL COMMERCIALDISTRICT (C1) WITH A PARKING OVERLAY (P) TO MULTI-FAMILYRESIDENTIAL (R3) TO ACCOMMODATETHECONSTRUCTION OF A 40-UNIT RESIDENTIALCONDOMINIUMPROJECTAT 17802 AND 17842
IRVINEBOULEVARD
Adoptionof OrdinanceNo. 1531 approvesZone Change2022-0001 to changethe Zoning District of the subject property from Retail CommercialDistrict (C1) with a ParkingOverlay (P) to Multi-FamilyResidential (R3) to facilitatethe developmentof forty (40), three-storyresidentialunits on approximately2.07 acreslocatedat 17802 and 17842IrvineBlvd.
Motion: The City Council had the second reading by title only and adopted OrdinanceNo. 1531.
ORDINANCENO. 1531
AN ORDINANCEOF THECITYCOUNCILOF THECITYOF TUSTIN, CALIFORNIA APPROVING ZONE CHANGE 2022-0001, AMENDING THE ZONING
DESIGNATIONFROM RETAILCOMMERCIALDISTRICT (C1) WITH A PARKING OVERLAY (P) TO MULTI-FAMILYRESIDENTIAL (R3) TO ACCOMMODATETHE CONSTRUCTIONOF A 40-UNIT RESIDENTIALCONDOMINIUMPROJECT AT 17802AND17842IRVINEBOULEVARD
11. SECOND READING AND ADOPTION OF ORDINANCENO. 1532 APPROVING DEVELOPMENTAGREEMENT (DA) 2022-0002 BETWEENTHE CITY OF TUSTIN AND INTRACORPSO CAL-1, LLC TO ACCEPTTHEVOLUNTARYPROVISIONOF COMMUNITY PUBLIC BENEFITS, BY INCLUDING TWO ( 2) AFFORDABLE
HOUSINGUNITS FOR VERY-LOW INCOME HOUSEHOLDS, EQUITY SHARING, ANDPAYMENTOF AN AFFORDABLEHOUSINGIN-LIEUFEEANDFORA 40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE
BOULEVARD
Adoptionof OrdinanceNo. 1532 approvingDevelopmentAgreement2022-0002 to accept the voluntary provision of community public benefits, by including two (2) affordablehousingunitsfor very-low incomehouseholds, equitysharing, paymentof affordablehousingin-lieu fee.
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It was moved by CouncilMemberGomezand secondedby MayorLumbardto have secondreadingby title only and adoptOrdinanceNo. 1532.
Roll Call Vote – City Clerk
Motioncarried: 5-0
ORDINANCENO. 1532
AN ORDINANCEOF THECITYCOUNCILOF THECITYOF TUSTIN, CALIFORNIA APPROVING DEVELOPMENTAGREEMENT (DA) 2022-0002 BETWEEN THE CITY OF TUSTIN AND INTRACORP SO CAL-1, LLC TO ACCEPT THE
VOLUNTARYPROVISIONOF COMMUNITYPUBLICBENEFITS, 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 RESIDENTIALCONDOMINIUM PROJECTAT 17802AND17842IRVINEBOULEVARD
12. APPOINTMENTOF CITYTREASURER
The City Counciltemporarilyappointedthe City Manageras City Treasureruntil 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.
Motion: The City Councilappointednew Directorof Finance, JenniferKing, as the City Treasurer, effectiveFebruary8, 2023.
REGULARBUSINESSITEMS13-14
13. PUBLIC ART POLICY UPDATESAND PROPOSEDORDINANCEFOR PUBLIC
ART COMMISSION
The PublicArt Policyhas beenreviewedand staffis recommendingupdates, as well as the proposedOrdinance1534 which, if adopted, would establishthe Public Art Commissionas an advisorybody to City Councilin relationto implementationof the updatedPublicArt Policy.
MayorLumbardnotedthefollowingfor the record: RevisedOrdinanceNo. 1534was circulatedto the Council, a printedversionis availableat the meetingfor the public's review, and availableon the City’s website.
ChadClanton, Directorof Parksand RecreationDepartmentprovideda PowerPoint presentation.
PublicInput – None
It was movedby MayorPro Tem Clarkand secondedby MayorLumbardto:
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1. Approveupdatesto the PublicArt Policy.
2. Conductfirst reading by title only of revised OrdinanceNo. 1534 amending the Tustin City Code by adding Part 8 to Chapter5 of Article 1 of the Tustin City Codeto establishthe PublicArt Commission.
3. Appoint the sitting Public Art Committee members to the Public Art Commissionto serveout the remainderof theirterms.
Roll Call – City Clerk
Motioncarried: 5-0
ORDINANCENO. 1534
AN ORDINANCEOF THECITYCOUNCILOF THECITYOF TUSTIN, CALIFORNIA ADDINGPART 8 TO CHAPTER5 OF ARTICLE1 OF THE TUSTIN CITY CODE
RELATEDTO THE ESTABLISHMENTOF A PUBLICART COMMISSION
14. LEGISLATIVEUPDATE
Recap of 2022 Legislative activities by the City’s advocacy consultant Townsend Public Affairs (TPA), considerationof 2023 Legislative Platform and updates on legislativeactivityat the state and federallevel.
KennethPiguee, SeniorManagementAnalystand Eric O’Donnell, TownsendPublic Affairs, provideda PowerPointpresentation.
PublicInput –
1. JohnGaray
It was movedby MayorLumbardand secondedby CouncilMemberGomezto:
1. Receivepresentationon 2022Legislativerecap by TPA
2. Adopt2023LegislativePlatform
3. Receiveand file legislativeupdatepreparedby TPA
Roll Call – City Clerk
Motioncarried: 5-0
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COUNCILMEMBERCOMMENTSANDREPORTS
City ManagerMatthew S. West
Congratulatednew Director of Financeand City Treasurer, JenniferKing; thankedher for her serviceas interimActingDirectorof Financeduringtherecruitmentprocess; is confident in her abilitiesto lead the FinanceDepartment.
Council MemberSchnell
Visitedwith the Directorof Parksand RecreationServices, ChadClanton; was updatedon the upcomingand daily activitiesin the Parksand RecreationDepartment.
Visited with the Director of Economic Development, Christopher Koster, and his department; was updated on the plans for areas in Tustin, specificallythe Tustin Legacy area.
February1-3
AttendedtheLeagueof CaliforniaCities’ NewMayorsandCouncilMembersAcademy; was a veryinformativeconference; was proudto representthe City of Tustin.
Attendedthe followingRibbonCuttingCeremonies:
February6
Nurturing Connections Counseling of Orange County; is a marriage and family counselingbusinessoff IrvineBoulevard;
February7
Help You Sleep; is a treatmentand diagnosticcenterfor sleepdisorders.
Stated as a council member he finds it important to thank and welcome the incoming businessesto the city; their businesshelpssupportthe Tustincommunity.
Council Member Gomez
Congratulatedthe new Directorof Financeand City Treasurer, JenniferKing.
February5
Attended the Parks and Recreation Department’s Frontier Park Community Mural Installationevent; thanked all the volunteersand commissionersfor their time, effort, and hardworkon theproject; thankedandappreciatedthecommunitymembersfor participating in the project; reported many of the tiles have stories that represent the surrounding communitymembers; this projectshowsthe spiritof the Tustincommunity.
Council Member Gallagher
Congratulated and welcomed the new incoming Director of Finance and City Treasurer, JenniferKing.
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AttendedmultipleOrangeCountySanitationDistrict (OCSD) meetings; reportedProposition 218 notificationwill be arrivingin the mail regardingrate increases; stated is a reasonable rate increasethat keepsOCSDcompetitivewith its neighboringagenciesand is in line with inflation; reported OCSD’s new General Manager, Rob Thompson, will be starting on February10, 2023; is excitedto have a residentof Tustinleadingthe agency.
Met with the Ad Hoc Committeefor EconomicDevelopment; was a greatmeeting; staff did a greatjob bringingthe wholeteam together.
Mayor Pro Tem Clark
Thanked the Tustin Community Foundation for hosting the Tustin Mayors Celebration fundraiserevent; was a great event; reportedmany communitymembers, nonprofitsand businesseswerein attendance.
Reportedwill be attendingthe Boys and Girls Clubs of Tustin 6thAnnualLadiesNight Out event on Wednesday, February8, 2023, to honor Erin Nielsen of the Tustin Community Foundationfor beingthis year’s You Go Girl awardrecipient.
Mayor Lumbard
January20
Held monthlyMayoralofficehours; had greatconversationswith communitymembers.
January25
Attended the Tustin Community Foundation bi-monthly nonprofit and inner faith forum.
Attended the TransportationCorridor Agencies (TCA) Joint Capital Programsand ProjectsCommitteemeeting.
February2
Attendedthe Tustin CommunityFoundation’s Tustin MayorsCelebrationfundraiserevent; reportedelevenmayorswere in attendance, includingformermayors: Dr. Allan Bernstein, Letitia Clark, Don Saltarelli, Tracy Worley, Jeffrey Thomas and many others that have shaped the City today; thanked all the former mayors, council members, volunteers, and staff membersthat keep pushingTustin in the right direction; is proud to serve the City of Tustin as Mayor; thankedthe Tustin CommunityFoundationvolunteers, Erin Nielsen, and CouncilMemberGallagher’s wife, who emceedthe event.
February5
Attended the Parks and Recreation Department’s Frontier Park Community Mural Installation event; thanked Parks and RecreationSuperintendent, Marilyn Buescher, for allowing his children to be a part of the project; reported this project is impacting the surroundingcommunityin a positiveway; thankedthe CommunityServicesCommissioners for all their hard work.
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Announcedthe followingupcomingevent:
February9th
SweetheartLuncheon
12:00 P.M. – 1:00 P.M.
Location: TustinSeniorCenter
Wishedeveryonea HappyValentine’s Day.
ADJOURNEDat 8:16 p.m. The next meetingis scheduledon Tuesday, February21, 2023 for the ClosedSessionMeetingat 5:30 p.m. and the RegularBusinessMeetingat 7:00 p.m.
LETITIACLARK, ERICAN. YASUDA,
MayorPro Tem City Clerk
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