City Council May 2, 2023
Meeting Minutes Page 1 of 12
MINUTES OF THE 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 – #3039 at 5:30 p.m.
ROLL CALL – City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tem Letitia Clark and Council Members Ryan Gallagher, Rebecca Gomez and Ray Schnell
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 Item No. 1 as it appears 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): (4 cases) Recessed at 5:31 p.m.
CITY OF TUSTINREGULAR MAY 2, 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: F766E646- 20D0- 4AB5- BCA4- ECE25F1C48C8 City Council May 2, 2023
Meeting Minutes Page 2 of 12
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER – #3039 at 7:02 p.m.
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion
PRESENTATION – The Mayor presented a Proclamation to the Director of Community Development, Justina Willkom and Deputy Building Official Mariam Madjlessi in honor of Building and Safety Month.
PUBLIC INPUT –
1. Dr. Samar Aziz, Executive Director Sabil USA
2. Rida Hamida, Consultant Sabil USA
3. Sandy Roberts
CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council took no reportable action but will reconvene after the open session.
CONSENT CALENDAR ITEMS 1-11 –
Mayor Lumbard noted for the record that the City Council received revised agreements for Items 8 and 9 and the agreements are on file with the City Clerk’s Office.
Public Input – None
Council Member Gallagher requested to pull Item No. 8.
Mayor Lumbard pulled Item No. 5
It was moved by Council Member Gallagher and seconded by Council Member Gomez to pull Items 5 and 8 and move the balance of the Consent Calendar as recommended by staff.
Roll Call – City Clerk
Motion carried: 5-0
DocuSign Envelope ID: F766E646- 20D0- 4AB5- BCA4- ECE25F1C48C8 City Council May 2, 2023
Meeting Minutes Page 3 of 12
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 APRIL 18, 2023.
Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on April 18, 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 $ 960,545.63 and Demands in the amount of $2,596,648.55.
4. AWARD CONTRACT FOR THE LEGACY ANNEX TENANT IMPROVEMENT PROJECT CIP NO. 10087
Bids for the Legacy Annex Tenant Improvement Project (CIP No. 10087) have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder, RBA Builders, Inc.
Motion: The City Council:
1. Awarded the construction contract to RBA Builders, Inc., the lowest responsive/responsible bidder, in the amount of $772,822.00 for the Legacy Annex Tenant Improvement Project ( CIP No. 10087), and authorized the Mayor and the City Clerk to execute the contract documents on behalf of the City;
2. Adopted Resolution No. 23-18 authorizing the use of OMNIA Partners; Contract# R191804 with The HON Company for the FF&E ( Furnishings, Fixtures and Equipment) in the amount of $43,444.55; and
3. Authorized the remaining project budgeted appropriation in excess of ten percent (10%) above the contract amount as additional contingency.
RESOLUTION NO. 23-18
DocuSign Envelope ID: F766E646- 20D0- 4AB5- BCA4- ECE25F1C48C8 City Council May 2, 2023
Meeting Minutes Page 4 of 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING THE COUNTY OF ORANGE COOPERATIVE PURCHASING
PROGRAM TO PURCHASE CERTAIN ITEMS
5. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2023-2024 ASSESSMENTS
At the February 7, 2023 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 6, 2023.
Mayor Pro Tem Clark, Council Member Gomez and Council Member Schnell recused themselves due to a potential conflict in real property interest.
Due to a lack of quorum, Mayor Pro Tem Clark, Council Member Gomez and Council Member Schnell drew three sticks to determine who will remain at the dais to participate in the discussion. Mayor Pro Tem Clark and Council Member Schnell drew the longest sticks; therefore they exited the Council Chamber during the discussion and Council Member Gomez remained to participate in the discussion.
Public Input – None
It was moved by Council Member Gallagher and seconded by Mayor Lumbard that the City Council:
1. Adopt Resolution No. 23-16 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2023-2024; and
2. Adopt Resolution No. 23-17 declaring its intention to levy annual assessments for Fiscal Year 2023-2024 and setting a public hearing for June 6, 2023.
Roll Call – City Clerk
Motion carried: 3-0
RESOLUTION NO. 23-16
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 2023-2024
RESOLUTION NO. 23-17
DocuSign Envelope ID: F766E646- 20D0- 4AB5- BCA4- ECE25F1C48C8 City Council May 2, 2023
Meeting Minutes Page 5 of 12
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 2023-2024 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
Mayor Pro Tem Clark and Council Member Schnell returned to the dais.
6. ADOPT RESOLUTION NO. 23-20 AND 23-21, SUPPORTING FINDINGS THAT
THE CITY OF TUSTIN PFAS WATER TREATMENT PLANT IS EXEMPT FROM
CEQA AND AUTHORIZING A REPRESENTATIVE TO SIGN AND FILE A
FINANCIAL ASSISTANCE APPLICATION AND GRANT AGREEMENT WITH THE
STATE WATER RESOURCES CONTROL BOARD FOR CONSTRUCTION OF
THE TUSTIN PFAS WATER TREATMENT PLANT
The Orange County Water District ( OCWD) has identified potential grant funding through the State Water Resource Control Board ( SWRCB) to help offset capital costs incurred for the design and construction of the Tustin PFAS Water Treatment Plant. Although OCWD is the lead agency in regards to the construction and financial components of this project, the SWRCB had indicated OCWD is not eligible to apply for this grant, but would accept an application from the owner/operator of the facility.
OCWD has requested Tustin's support in applying for grant funding. Resolution Nos. 23-20 and 23-21 support OCWD's California Environmental Quality Act ( CEQA) findings and designate a representative of the City to sign and file the grant application.
Motion: The City Council:
1. Adopted Resolution No. 23-20 supporting the findings that the Tustin PFAS Water Treatment Plant is categorically exempt from CEQA for the reasons set forth in the Resolution; and
2. Adopted Resolution No. 23-21 authorizing the City Manager or his designee, the Director of Public Works/City Engineer, to sign and file the grant application with the SWRCB.
RESOLUTION NO. 23-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
SUPPORTING AND ADOPTING THE FINDINGS THAT THE CITY OF TUSTIN
PFAS WATER TREATMENT PLANT IS EXEMPT FROM CEQA PURSUANT TO SECTION 15303 OF THE CEQA GUIDELINES
RESOLUTION NO. 23-21
DocuSign Envelope ID: F766E646- 20D0- 4AB5- BCA4- ECE25F1C48C8 City Council May 2, 2023
Meeting Minutes Page 6 of 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING A REPRESENTATIVE TO SIGN AND FILE A FINANCIAL
ASSISTANCE APPLICATION FOR FINANCING AND GRANT AGREEMENT WITH
THE STATE WATER RESOURCES CONTROL BOARD FOR THE TUSTIN PFAS
WATER TREATMENT PLANT
7. PROMISSORY NOTE BETWEEN THE WATER ENTERPRISE FUND AND THE
GENERAL FUND
Authorize the General Fund's purchase of a seven-year Promissory Note issued by the Water Enterprise Fund to meet the rate covenant requirement for the 2016 and 2020 Refunding Water Revenue Bonds.
Motion: The City Council adopted Resolution No. 23-14 that:
1. Authorized the General Fund's purchase of a seven-year promissory note in the principal amount of $3,830,700 ("Promissory Note"); and
2. Authorized the execution of a seven-year Promissory Note by the Water Enterprise Fund to meet the bond rate covenant.
RESOLUTION NO. 23-14
A RESOLUTION OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE GENERAL FUND’S INVESTMENT IN A PROMISSORY NOTE OF THE TUSTIN
WATER ENTERPRISE FUND AND AUTHORIZING THE EXECUTION OF THE PROMISSORY NOTE BY THE WATER ENTERPRISE FUND.
8. EIGHTH AMENDMENT TO THE RENTAL AGREEMENT BETWEEN THE CITY OF
TUSTIN AND NATIONAL OFFICE LIQUIDATORS, LLC FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE
Request for approval of the eighth amendment to the Rental Agreement Amendment) between the City and National Office Liquidators, LLC (Tenant), for City-owned property located at 15171 Del Amo Avenue.
It was moved by Council Member Gallagher and seconded by Mayor Lumbard to approve the eighth amendment in accordance with Tustin City Code Section 7960(B) and authorize the City Manager to execute the Amendment, subject to any non- substantive modifications as may be deemed necessary and/or recommended by the City Attorney.
Roll Call – City Clerk
Motion carried: 5-0
DocuSign Envelope ID: F766E646- 20D0- 4AB5- BCA4- ECE25F1C48C8 City Council May 2, 2023
Meeting Minutes Page 7 of 12
9. FIFTH AMENDMENT TO THE RENTAL AGREEMENT BETWEEN THE CITY OF
TUSTIN AND KYA SERVICES, LLC FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE
Request for approval of the fifth amendment to the Rental Agreement (Amendment) between the City and Kya Services, LLC (Tenant), for City-owned property located at 15171 Del Amo Avenue.
Motion: The City Council approved the fifth amendment in accordance with Tustin City Code Section 7960(B) and authorized the City Manager to execute the Amendment, subject to any non-substantive modifications as may be deemed necessary and/or recommended by the City Attorney.
10. AUTHORIZATION TO PURCHASE TWO ( 2) SHADE STRUCTURES FOR THE BARK BARRACKS AT TUSTIN LEGACY PARK (CIP No. 20091)
Staff is requesting authorization to purchase two (2) cantilever disc shade structures for the Bark Barracks ( Dog Park) at Tustin Legacy Park project ( CIP No. 20091) utilizing the Sourcewell cooperative government purchasing program.
Motion: The City Council adopted Resolution 23-19, authorizing the use of the Sourcewell ( formerly National Joint Powers Alliance) cooperative government purchasing program (Contract # 010521-LTS-6) for the purchase of two (2) cantilever disc shade structures from Playpower, Inc./USA Shade at the Bark Barracks (Dog Park) at Tustin Legacy Park.
11. LEGISLATIVE UPDATE
Staff and the City’s consultant Townsend Public Affairs ( TPA) have prepared a summary of state legislative activity.
Motion:
1. Took an OPPOSE UNLESS AMENDED position on AB 742 (Jackson) Law enforcement: police canines
2. Took an OPPOSE UNLESS AMENDED position on AB 1637 ( Irwin) Local government: internet websites and email addresses
3. Took a SUPPORT position on AB 1708 (Muratsuchi) Theft
4. Took an OPPOSE UNLESS AMENDED position on SB 252 (Gonzalez) Public retirement systems: fossil fuels: divestment
PUBLIC HEARING ITEM 12
12. COMMUNITY DEVELOPMENT BLOCK GRANT ( CDBG) ONE YEAR ACTION PLAN FOR PROGRAM YEAR 2023-24
DocuSign Envelope ID: F766E646- 20D0- 4AB5- BCA4- ECE25F1C48C8 City Council May 2, 2023
Meeting Minutes Page 8 of 12
Public hearing opened at 7:26 p.m.
Management Analyst Adrianne DiLeva provided a PowerPoint presentation.
The Housing and Community Development Act of 1974, as amended, established the Community Development Block Grant (CDBG) program to return federal funds to local communities for the purpose of developing viable urban communities by providing decent housing, creating suitable living environments, and by expanding economic opportunities, specifically for low and moderate-income persons. To participate in the CDBG program, the City is required to prepare a Consolidated Plan that identifies needs for affordable and supportive housing, community development, public services, and economic opportunities. The Consolidated Plan is required every five (5) years and was most recently adopted by the City Council on April 21, 2020.
Annually, the City is also required to prepare a one-year Action Plan that implements the goals and objectives contained in the Consolidated Plan. The proposed 2023-24 Action Plan set forth in Resolution No. 23-12 ( Attachment A) fulfills this annual requirement.
Public Input
1. Dayle McIntosh
2. Mary’s Path
3. Alzheimer’s Orange County
4. Families Forward
5. Meals on Wheels
6. Patriots and Paws
7. Family Promise Orange County
Public hearing closed at 8:09 p.m.
It was moved by Mayor Lumbard and seconded by Council Member Gallagher to adopt Resolution No. 23-12:
1. Approving the Program Year (PY) 2023-24 Action Plan and funding allocations totaling $749,455; authorize submission of the PY 2023-24 Action Plan to the U.S. Department of Housing and Urban Development (HUD); and,
2. Authorizing the Community Development Department to enter into contracts with CDBG subrecipients for public services, non-public services, and fair housing services.
Roll Call – City Clerk
Motion carried: 5-0
RESOLUTION NO. 23-12
DocuSign Envelope ID: F766E646- 20D0- 4AB5- BCA4- ECE25F1C48C8 City Council May 2, 2023
Meeting Minutes Page 9 of 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ACTION PLAN FOR PROGRAM YEAR 2023-24 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR SUBMISSION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
COUNCILMEMBER COMMENTS AND REPORTS
City Manager Matthew S. West
Announced on Tuesday, May 16tha Strategic Plan meeting will be held; topics that will be covered include elements of a strategic plan, building a highly effective team, roles of city staff and elected officials together, roles and responsibilities of a municipal organization, as well as mission, vision, and paradigms.
Announced the Budget Workshop will be on Tuesday, May 23rdat 2:30 p.m. followed by the budget adoption on June 20th.
Council Member Schnell
No comments.
Council Member Gomez
April 19
Attended the Tustin Citizen Academy Meet and Greet; was a great event.
April 20
Attended the Orange County Mosquito and Vector Control board meeting; the board reviewed and approved the new and revised policies regarding Board of Trustees, District Manager, and Employee Relations as well as updating policies to reflect current practice to comply with recent changes with the Brown Act, including public meeting decorum; the board heard a presentation on a new facility for the District; the District auditors presented a finalized audit report for Fiscal Year 2021-2022; the board will be having budget workshops next week;
Was asked to provide the following information to the community: with the increased rainfall this past year, there’s more food and water available for the wildlife in the community; with the significant rainfall there’s an increase in vegetation around properties; heavy vegetation like bushes and trees provide shelter for wildlife including rats; with plentiful rain means thriving vegetable gardens and fruit plants which means plenty of food sources for rats; residents should be proactive in cutting back vegetation; the Orange County Mosquito and Vector Control District provides an educational inspection for rats on the outside of properties and has great videos to assist property owners; these videos can be found on the Orange County Mosquito and Vector Control website.
DocuSign Envelope ID: F766E646- 20D0- 4AB5- BCA4- ECE25F1C48C8 City Council May 2, 2023
Meeting Minutes Page 10 of 12
Attended the Orange County Public Libraries - Library Advisory Board, Executive Committee Meeting; discussed the 2023-2024 Orange County Public Libraries Budget and received program updates; announced there is a yearlong reading program, Read and Grow, to encourage reading; May is Older Americans Month, there are several activities throughout the County; announced on May 6th, Comic Orange will be hosted at the Tustin Library from 11:00 a.m.- 3:00 p.m.; which is a celebration of libraries graphic novels, cosplay, animation and more; there will be an artist talk, a drawing workshop, and a session on publishing comics; the Orange County Public Libraries Community Relations Team was also selected as a winner for the California Public Libraries Associations Public Relations Excellence Award for the 2022 Goodbye Late Fines Campaign; the awards committee recognized Orange County Public Libraries ongoing dedication to serving the communities through quality programs, events, and services; the implementation of the fine free library system offers library patrons relief from financial obstacles that might prevent the use of the library; please visit ocpl.org for more information on any of these programs.
April 21
Attended the California State University, Fullerton Town Hall Meeting with Mayor Pro Tem Clark; this event gives students an opportunity to present their research on a public policy issue to leaders in public affairs; also, an opportunity for community leaders to engage students in public service and to provide feedback on issues that are critical to the students.
April 28
Attended the Tustin Area Senior Center Volunteer Ice Cream Social; nice way to thank and recognize all the volunteers.
May is a very busy month, celebrating Older Americans Month, Asian/Pacific American Heritage Month, and Teacher Appreciation Month; please remember the teachers that helped along the way and the impact they made.
Announced there is a Farmers Market at The District at Tustin Legacy on Sundays from 9:00 a.m. -1:00 p.m.; not sure if it is a certified market but will check into it.
Council Member Gallagher
April 24
Attended the Orange County Sanitation District site tour with Congressman Lou Correa; Congressman Correa presented the Orange County Sanitation District with a check in the amount of $3.45 million; this is part of the Community Project Federal Funding Request for the Supercritical Water Oxidation Project.
April 25
Attended the Orange County Sanitation District Legal Ad Hoc Committee meeting; committee is looking at how to procure legal services for the organization.
Attended the Orange County Sanitation District Board meeting; starting the Strategic Plan process; announced there is a Wastewater Citizen Academy hosted by the Orange County Sanitation District.
DocuSign Envelope ID: F766E646- 20D0- 4AB5- BCA4- ECE25F1C48C8 City Council May 2, 2023
Meeting Minutes Page 11 of 12
April 29
Assisted Michael K. Nunley & Associates, Inc., with the student garden project at Heritage Elementary School as part of Earth Day.
Announced hopes to have a Thursday night Farmers Market in Old Town Tustin, on a future agenda.
Mayor Pro Tem Clark
April 19
Attended the Tustin Citizen Academy Meet and Greet; had a wonderful turnout; congratulated City Clerk, Erica N. Yasuda on a great event.
Participated in the swearing-in ceremony for newly appointed and re-appointed Community Services Commissioners.
April 21
Attended the California State University, Fullerton Town Hall Meeting with Council Member Gomez; Associate Professor of Political Science, Scott Spitzer, Ph.D., invited local officials to attend.
April 30
Attended the March of Dimes event at Mile Square Regional Park in Fountain Valley.
Announced the Community Garden Groundbreaking event will be held on Saturday, May 6, 2023, in Old Town Tustin.
Remarked the City Council is in support of more activities in Old Town Tustin.
Mayor Lumbard
April 27
Attended the Orange County Fire Authority Board of Directors meeting; recognized Fire Chief, Brian Fennessy, for his five years of service.
Announced the following upcoming events:
May 5
Cinco de Mayo Celebration
3:00 PM - 6:00 PM
Location: Frontier Park
May 6
Talent Show Auditions
10:00 AM - 2:00 PM
Location: Community Center at The Market Place
DocuSign Envelope ID: F766E646- 20D0- 4AB5- BCA4- ECE25F1C48C8 City Council May 2, 2023
Meeting Minutes Page 12 of 12
Household Hazardous Waste Disposal
8:00 AM - 4:00 PM
Location: Parking lot at the corner of Main Street and Prospect Avenue Community Garden Groundbreaking Ceremony
10:00 AM – 12:00 PM
Location: Old Town Tustin
Recessed to Closed Session at 8:24 p.m.
Reconvened at 9:20 p.m.
CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council took no reportable action.
ADJOURNED at 9:21 p.m. The next meeting is scheduled on Tuesday, May 16, 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: F766E646- 20D0- 4AB5- BCA4- ECE25F1C48C8