City Council April 4, 2023
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MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M.
CALL TO ORDER – #3037 at 5:30 p.m.
ROLL CALL – City Clerk
Present: Mayor Lumbard, Mayor Pro Tem Letitia Clark* (arrived at 5:31 p.m.) and Council Members Ryan Gallagher, Rebecca Gomez and Ray Schnell (arrived at 5:31 p.m.)
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 1,3 and 5 on the closed session agenda.
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) CITY OF TUSTINREGULAR APRIL 4, 2023
MEETINGOF THE CITY COUNCIL 300 CENTENNIALWAY, TUSTIN
COUNCILCHAMBER
VIDEOCONFERENCE
Letitia Clark, Mayor Pro Tem
Ryan Gallagher, CouncilMember Austin Lumbard, Mayor MatthewS. West, City Manager RebeccaGomez, CouncilMember Erica N. Yasuda, City Clerk Ray Schnell, CouncilMember David E. Kendig, City Attorney DocuSign Envelope ID: FB979845- 6259- 4EA0- 9BF9- BABD72BD9FCB City Council April 4, 2023
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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)
5. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [ Government Code § 54957(b)(1)]
A. Title: City Manager
Recessed at 5:31 p.m.
Mayor Pro Tem Clark participated in the closed session via teleconference after written notice of her need to participate remotely for just cause was circulated to the City Council.
Mayor Pro Tem Clark kept her camera on at all times, and there was no one over 18 in the room with her while she participated in the meeting remotely. Mayor Pro Tem Clark was not present for the Regular Meeting at 7:00 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER – #3037 at 7:01 p.m.
INVOCATION – Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE – Mayor Lumbard
PRESENTATION – Public Works Manager Stacey Cuevas provided a PowerPoint 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
DocuSign Envelope ID: FB979845- 6259- 4EA0- 9BF9- BABD72BD9FCB City Council April 4, 2023
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presentationregarding Organics Recycling Program Update.
PUBLIC INPUT – None
CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council has taken no reportable action yet but the Council will be convening in closed session after open session to discuss Items 4 and 5 as the appear on the closed session agenda.
CONSENT CALENDAR ITEMS 1-8 –
Public Input – None
It was moved by Council Member Gallagher and seconded by Council Member Gomez to approve the Consent Calendar as recommended by staff.
Roll Call – City Clerk
Motion carried: 4-0
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 MARCH 7, 2023.
Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on March 7, 2023.
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 approved Payroll in the amount of $ 921,994.07 and 952,287.39 and Demands in the amount of $6,800,883.61.
4. APPROVE AGREEMENT NO. MA-080-23010376 TO FUND TOTAL MAXIMUM
DAILY LOAD PROGRAMS AND RELATED ACTIVITIES IN THE NEWPORT BAY
WATERSHED
DocuSign Envelope ID: FB979845- 6259- 4EA0- 9BF9- BABD72BD9FCB City Council April 4, 2023
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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.
Motion: The City Council approved Agreement MA-080-23010376, a Cooperative Agreement to Fund Total Maximum Daily Loads Programs and Related Activities in the Newport Bay Watershed, and authorized the Mayor and City Clerk to execute the document on behalf of the City.
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.
Motion: The City Council:
1. Awarded 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 authorized the Mayor and the City Clerk to execute the contract documents on behalf of the City; and
2. Authorized 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.
6. LEGISLATIVE UPDATE
Staff and the City’s consultant Townsend Public Affairs ( TPA) have prepared a summary of state legislative activity.
Motion:
1. Took an OPPOSEUNLESSAMENDEDpositionon AB 480 (Ting) Surplusland
2. Tooka SUPPORTpositionon AB 1505 (Rodriguez) Seismicretrofitting: soft story multifamilyhousing
DocuSign Envelope ID: FB979845- 6259- 4EA0- 9BF9- BABD72BD9FCB City Council April 4, 2023
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3. Tookan OPPOSEUNLESSAMENDEDpositionon SB 34 (Umberg) Surplusland disposal: violations: OrangeCounty
4. Took a SUPPORTpositionon SB 44 (Umberg) Controlledsubstances
5. Tookan OPPOSEUNLESSAMENDEDpositionon SB 423 (Wiener) Streamlined housingapprovals: multifamilyhousingdevelopments
6. Took a SUPPORT position on SB 747 ( Caballero) Land use: economic development: surplusland
7. Receivedand filed the updatedlegislativematrix as of March 24
8. Receivedand filed legislativeupdate preparedby TPA
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.
Motion:
1. TheCityCouncilreceivedandfiled the 2021-2022CertifiedLocalGovernment (CLG) AnnualReportanddirectedstaffto forwardthe AnnualReportto the StateOfficeof HistoricPreservation (OHP).
2. TheCityCouncilreceivedandfiled the 2023HCRAWorkProgram.
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.
Motion: Adopted 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
DocuSign Envelope ID: FB979845- 6259- 4EA0- 9BF9- BABD72BD9FCB City Council April 4, 2023
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REGULAR BUSINESS ITEMS 9 AND 10
9. COMMUNITYDEVELOPMENTDEPARTMENT2022YEARIN REVIEW
AssociatePlannerJorgeMaldonadoprovideda PowerPointpresentation.
The2022Yearin ReviewsummarizesCommunityDevelopmentDepartment’sprogramsand activitiesconductedfrom JanuarythroughDecember2022. The2022 Yearin Reviewreport highlightsactivitiesunderthe followingcategories:
1. CurrentPlanning - Industrial, commercial, mixed-use, and residentialdevelopment andprojectsunderreview.
2. AdvancePlanning - GeneralPlanandcodeamendments, historicpreservation, and CommunityDevelopmentBlockGrantactivities.
3. PerformanceMetrics - CodeEnforcement, BuildingDivision, PlanningDivisionand PlanningConciergeServices.
4. StreamlineTustinInitiative - Sevenprogramcomponents.
Public Input – None
The City Council received and filed the report.
10. 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.
Public Input – None
It was moved by Council Member Gallagher and seconded by Council Member Gomez to:
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
DocuSign Envelope ID: FB979845- 6259- 4EA0- 9BF9- BABD72BD9FCB City Council April 4, 2023
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Roll Call – City Clerk
Motion carried: 4-0
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Schnell
No report.
Council Member Gomez
March 1
Attended the groundbreaking event at the Advanced Technology and Education Park ATEP) for the South Orange County College District.
March 9
Attended the Transportation Corridor Agencies ( TCA) Joint Board of Directors meeting.
Attended the Tustin Police Department’s Swearing In ceremony; congratulated the promoted Police Department staff and welcomed the newly sworn in members.
Presented Dr. Samar Aziz, Co-Founder/Executive Director for Sabil USA, with the Woman of the Year award for District 73, represented by California Assemblywoman Cottie Petrie-Norris.
March 10
Attended Southern California Edison’s Orange County Women’s Leadership Summit event; was an opportunity to network with other local elected leaders.
Attended the Tustin Area Senior Center’s Casino Night event; reported they had a full crowd, and everyone enjoyed the evening.
March 16
Attended the Clergy and Laity United for Economic Justice’s (CLUE) Architects of Justice Dinner event; honored those who exhibited a great effort to achieve justice in our community.
March 25
Thanked the Tustin Police Department volunteers and the Orange County Sheriff’s Department for assisting at the Car Seat Safety Check event hosted by Assemblywoman Cottie Petrie-Norris.
March 29
Attended the Tustin Student Art Invitational event; a display of Tustin student’s artwork; thanked the Tustin Area Council for Fine Arts (TACFA) for their support in the showcase.
March 30
Attended the Parks and Recreation Department’s Frontier Park Mural Dedication and DocuSign Envelope ID: FB979845- 6259- 4EA0- 9BF9- BABD72BD9FCB City Council April 4, 2023
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Ribbon Cutting Ceremony; thanked the Parks and Recreation Department and the Public Art Commission for their outstanding job and effort; thanked Marilyn Buescher, Recreation Superintendent, for organizing; thanked artist, Mike Tauber; reported the mural looks great.
April 1
Attended Sabil USA’s Ramadan Dinner event; was a great opportunity to meet members of the community and hear more about their efforts.
April 2
Attended the Tustin Community Foundation’s Chef’s Gourmet event; enjoyed the Tustin Police Foundation’s “Good Cop” and “Bad Cop” drinks.
Council Member Gallagher
Attended multiple Orange County Sanitation District (OCSD) meetings; reported the rate increase passed at the second reading and will go into effect this next fiscal year; reported the Ground Water Replenishment System (GWRS) final expansion is complete between the OCSD and Orange County Water District; reported is the world’s largest replenishment system of its kind; stated the OCSD’s General Manager will provide a presentation in the future.
March 15
Attended the Economic Development Ad Hoc Committee meeting with Mayor Lumbard; discussed the South Hangar renovations.
March 25
Attended the Tustin Girls Softball Mid-Season Tournament Kick Off event; had a successful first pitch for the tournament; impressed by the organization.
March 30
Attended the Parks and Recreation Department’s Frontier Park Mural Dedication and Ribbon Cutting Ceremony; reported there are state-wide grant funding for the beautification of underpasses available to cities.
Mayor Lumbard
March 14
Gave a tour with City Manager, Matthew S. West, to the City of Orange City Manager and Council Members; discussed operations and the success of Tustin’s Temporary Homeless Shelter.
March 22
Attended the Transportation Corridor Agencies (TCA) Joint Operations Committee meeting.
March 23
Attended Orange County Fire Authority (OCFA) Board of Directors meeting; approved an DocuSign Envelope ID: FB979845- 6259- 4EA0- 9BF9- BABD72BD9FCB City Council April 4, 2023
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agreement with Local 3631.
March 29
Attended the Tustin Community Foundation’s Nonprofit Interfaith meeting; reported Orange County Supervisor, Donald Wagner, gave a presentation on the County’s budget.
Participated in the Commissioner selection interviews.
Attended the Tustin Area Council for Fine Arts ( TACFA) Tustin Student Art Invitational event; thanked TACFA for putting on the event.
March 30
Attended the Tustin Parks and Recreation Department’s Frontier Park Mural Dedication and Ribbon Cutting Ceremony; thanked everyone involved.
March 31
Held Mayoral Office Hours; welcomed Mexican Consulate General Audrey Rivera Gomez; discussed fighting fentanyl within our shared communities.
April 4
Toured the House of Ruth with Family Promise of Orange County; reported a Ribbon Cutting event is set for July 27th.
Attended a Ribbon Cutting event for Avid Bioservices celebrating their 30th Anniversary in Tustin.
Reported the following upcoming events:
April 8th
Easter Celebration & Egg Hunt
9:00 A.M. – 12:00 P.M.
Location: Tustin Sports Park
April 12th
Coffee with a Cop
8:30 A.M. – 10:30 A.M.
Location: Tustin Senior Center
April 15th
Community Yard Sale
8:00 A.M. – 12:00 P.M.
Location: Civic Center Parking Lot
Closed Session Update – City Attorney David E. Kendig: The Council will reconvene in closed session to discuss items 4 and 5 as they appear on the closed session agenda.
Recessed at 7:44 p.m.
DocuSign Envelope ID: FB979845- 6259- 4EA0- 9BF9- BABD72BD9FCB City Council April 4, 2023
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Reconvened at 8:25 p.m.
Closed Session Report – City Attorney David E. Kendig: The Council took no reportable action.
ADJOURNED at 8:25 p.m. 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.
AUSTIN LUMBARD, ERICA N. YASUDA,
Mayor City Clerk
DocuSign Envelope ID: FB979845- 6259- 4EA0- 9BF9- BABD72BD9FCB