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
APRIL 4, 2023
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PRESENTATION - RECYCLING PROGRAM UPDATE
PRESENTATION - ITEM 9
PUBLIC COMMENT-JEFF CORLESS
PUBLIC COMMENT-JEFF CORLESS
PUBLIC COMMENT-JEFF CORLESS
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3037
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): (1 case)
3. LIABILITY CLAIMS - [Government Code § 54956.95]: (4 cases) A.
Claim No. 22-27, Claim of Edgar Rescalvo
B.
Claim No. 22-45, Claim of Paoli & Purdy, PC obo Miguel Martinez C.
Claim No. 23-03, Claim of Brandon Snook
D.
Claim No. 23-04, Claim of Mercury Insurance OBO: Brandon Snook
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A.
Property Address/Description: APN 430-481-2, 430-481-3, 430-481-4, 430-481-5 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 Laura Regus, Senior Vice President, Abode Communities Under Negotiation: Price and Terms of Payment
5. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] A.
Title: City Manager
REGULAR MEETING OF THE CITY COUNCIL
- 7:00 P.M.
CALL TO ORDER – #3037
INVOCATION – Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Clark
PRESENTATION – Organics Recycling Program Update
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 - 8)
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 MARCH 7, 2023.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on March 7, 2023.
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 $921,994.07 and $952,287.39 and Demands in the amount of $6,800,883.61.
AGENDA REPORT
4. APPROVE AGREEMENT NO. MA-080-23010376 TO FUND TOTAL MAXIMUM DAILY LOAD PROGRAMS AND RELATED ACTIVITIES IN THE NEWPORT BAY WATERSHED Agreement MA-080-23010376 provides for the joint funding of the Nutrient, Fecal Coliform, and Toxics studies in the Newport Bay Watershed pursuant to provisions of Section 303(d) of the Federal Clean Water Act and the Total Maximum Daily Load (TMDL) as adopted by the Santa Ana Regional Water Quality Control Board and the United States Environmental Protection Agency.
Agreement MA-080-23010376 replaces the current Agreement MA-080-18011416 which is set to expire on June 30, 2023, and will remain effective through June 30, 2028.
Recommendation:
It is recommended that the City Council approve Agreement MA-080-23010376, a Cooperative Agreement to Fund Total Maximum Daily Loads Programs and Related Activities in the Newport Bay Watershed, and authorize the Mayor and City Clerk to execute the document on behalf of the City.
AGENDA REPORT
5. AWARD CONTRACT FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 4, CIP NO. 70022 Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Annual Roadway Rehabilitation and Sidewalk Repair Project - Zone 4, CIP No. 70022.
Recommendation:
It is recommended the City Council:
1. Award a construction contract to the lowest responsive/responsible bidder, Onyx Paving Company, Inc. in the amount of $4,748,000 for the Annual Roadway Rehabilitation and Sidewalk Repair Project - Zone 4, CIP No. 70022 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and
2. Authorize the transfer of $179,000 within the Measure M2 Fund (Fund 139) from the Citywide Storm Drain Catch Basin Improvement Project, CIP No. 50043 to the Annual Roadway Rehabilitation and Sidewalk Repair Project -Zone 4, CIP No. 70022 to fund the repair of six (6) concrete catch basin lids within the project boundary.
AGENDA REPORT
6. LEGISLATIVE UPDATE
Staff and the City’s consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity.
Recommendation:
1. Take an OPPOSE UNLESS AMENDED position on AB 480 (Ting) Surplus land
2. Take a SUPPORT position on AB 1505 (Rodriguez) Seismic retrofitting: soft storymultifamily housing
3. Take an OPPOSE UNLESS AMENDED position on SB 34 (Umberg) Surplus landdisposal: violations: Orange County
4. Take a SUPPORT position on SB 44 (Umberg) Controlled substances
5. Take an OPPOSE UNLESS AMENDED position on SB 423 (Wiener) Streamlinedhousing approvals: multifamily housing developments
6. Take a SUPPORT position on SB 747 (Caballero) Land use: economicdevelopment: surplus land
7. Receive and file the updated legislative matrix as of March 24
8. Receive and file legislative update prepared by TPA
AGENDA REPORT
7. 2021-2022 CERTIFIED LOCAL GOVERNMENT (CLG) ANNUAL REPORT AND 2023 HISTORIC AND CULTURAL RESOURCES ADVISOR (HCRA) WORK PROGRAM This report provides the City Council with the required annual reports summarizing the accomplishments and actions taken by the Planning Commission, acting as the Historic and Cultural Resources Advisor, during the 2022 calendar year; a Certified Local Government (CLG) Annual Report for the October 1, 2021 through September 30, 2022 reporting period; and review of the HCRA’s 2023 annual work program.
Recommendation:
1. That the City Council receive and file the 2021-2022 Certified Local Government (CLG) Annual Report and direct staff to forward the Annual Report to the State Office of Historic Preservation (OHP).
2. That the City Council receive and file the 2023 HCRA Work Program.
AGENDA REPORT
8. EXTENDING THE TERM OF THE PROJECT POSITION OF PUBLIC WORKS MANAGER Adoption of the attached Resolution will extend the term of the project position of Public Works Manager by five (5) years.
Recommendation:
Adopt Resolution No. 23-13 to extend the term of the project position of Public Works Manager by five (5) years.
RESOLUTION NO. 23-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE TERM OF THE PROJECT POSITION OF PUBLIC WORKS MANAGER
AGENDA REPORT
REGULAR BUSINESS ITEMS 9 & 10
9. COMMUNITY DEVELOPMENT DEPARTMENT 2022 YEAR IN REVIEW The 2022 Year in Review summarizes Community Development Department’s programs and activities conducted from January through December 2022. The 2022 Year in Review report highlights activities under the following categories:
1. Current Planning - Industrial, commercial, mixed-use, and residential development and projects under review.
2. Advance Planning - General Plan and code amendments, historic preservation, and Community Development Block Grant activities.
3. Performance Metrics - Code Enforcement, Building Division, Planning Division and Planning Concierge Services.
4. Streamline Tustin Initiative - Seven program components.
Recommendation:
Receive and file.
AGENDA REPORT
10. 2023 COMMISSION APPOINTMENTS
Council direction is needed to fill (2) two vacancies on the Planning Commission, (2) two vacancies on the Community Services Commission, (3) three vacancies on the Audit Commission, and (4) four vacancies on the Building Board of Appeals.
Recommendation:
That the City Council:
1. Appoint the following Commission/Board candidates as recommended by Mayor Lumbard and Mayor Pro Tem Clark:
• Planning Commission: Amy Mason, Tanner Douthit
• Community Services Commission: Ken Henderson, and Amy Nakamoto • Audit Commission: Dan Erickson, Adrian Henson, and Kristin Manna • Building Board of Appeals: Scoba Rhodes, John Aguilera, and Kyle Domer
2. Direct the City Clerk to advertise and solicit applications for the remaining vacancy on the Building Board of Appeals
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, April 18, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.