HomeMy WebLinkAboutCC MINUTES 03.01.22 DocuSign Envelope ID: FFE397D8-9AF0-4948-AF09-C6B595830381
CITY OF TUSTIN REGULAR MARCH 1, 2022
MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY,TUSTIN
COUNCIL CHAMBER AND
VIDEO CONFERENCE
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager
Ryan Gallagher, Council Member Erica N.Yasuda, City Clerk
Rebecca Gomez, Council Member David E. Kendig, City Attorney
NJI
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:00 p.m.
CALL TO ORDER — #3016 at 5:01 p.m
ATTENDANCE — City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tem Barry W. Cooper and Council
Members Letitia Clark (via Zoom, arrived at 5:32 p.m.), Ryan Gallagher
and Rebecca Gomez
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 3, 4, and 5 as it appears on the Closed Session agenda including conference
with its real property negotiators Matthew S. West and Chris Koster and negotiating parties
as it appears on the Closed Session agenda including Amy Jo Hill, Real Estate Contracting
Officer with the Department of the Navy.
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)
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2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to
Government Code § 54956.9(a): (1 case)
A. Emily Garcia and C.G., by and through her guardian Rosala Becerra vs. the
City of Tustin, Estella (sic) Silva; U.S. Dist. Ct., C.D. of Cal. Case No. 8:22-cv-
00131-DOC-KES.
4. LIABILITY CLAIMS — [Government Code § 54956.95]: (2 cases)
A. Claim of Wendy Ramirez; Claim No. 22-07
B. Claim of Kevin Ramirez; Claim No. 22-08
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (1 case)
A. Property APN 430-283-10, 22, 23, 30 (portion), 29, 33, 35, 37
Address/Description
Agency City of Tustin
City Negotiators Matthew S. West, City Manager; and Christopher Koster,
Director of Economic Development
Negotiating Parties Ann-Marie Gabel, Vice Chancellor Business Services,
South Orange County Community College District
Department of the Navy
Under Negotiation Price and Terms of Payment of Exchange and Lease
Recessed at 5:02 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
6:30 P.M.
CALL TO ORDER — #3016 at 6:30 p.m.
INVOCATION - Pastor Dane Counts, Kings Way Foursquare Church
PLEDGE OF ALLEGIANCE — Council Member Gallagher
PUBLIC INPUT —
1 . John Garay
City Council March 1, 2022
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CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council
unanimously denied Claim No. 22-07 submitted by Wendy Ramirez and Claim No. 22-08
submitted by Kevin Ramirez. Other than that, there was no reportable action.
CONSENT CALENDAR ITEMS 1 — 9
Council Member Gomez requested to pull Item No. 8
It was moved by Council Member Gomez and seconded by Mayor Pro Tem Cooper to pull
Item 8 and approve the balance as recommended by staff.
Public Input — None
Roll Call Vote — City Clerk
Motion carried: 5-0
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 FEBRUARY 15, 2022.
Motion: The City Council approved the Action Minutes of the Regular Meeting of
the City Council held on February 15, 2022.
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 $897,563.66; and
Demands in the amount of $1 ,867,142.23.
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.
City Council March 1, 2022
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Motion: Made 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. State and local officials continue to recommend measures to promote
social distancing to slow the spread of COVID-19.
5. OLD TOWN TUSTIN PLANTER BOX PUBLIC ART PROJECT PHASE 4
At their February 16, 2022, Regular Meeting, the Community Services Commission
recommended to forward three planter box art concepts, that were previously
approved by the Public Art Committee, for consideration by the City Council to
complete the Old Town Tustin Planter Box Public Art Project.
Motion: The City Council adopted Resolution 22-09 approving three planter box art
designs and authorized the Parks and Recreation Department to execute
agreements with the respective artists.
RESOLUTION NO. 22-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA
APPROVING THE ARTWORK AS RECOMMENDED BY THE PUBLIC ART
COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION
DEPARTMENT TO EXECUTE AGREEMENTS WITH THE RESPECTIVE ARTISTS
6. PIONEER ROAD PARK SEAT WALL MURAL PUBLIC ART PROJECT
At their February 16, 2022, Regular Meeting, the Community Services Commission
recommended to forward a public art wall mural design selected by the Public Art
Committee for consideration by the City Council.
Motion: The City Council adopted Resolution 22-10 approving the wall mural design,
submitted by artist Tom Clark, to be installed on the seat wall of the Pioneer Road
Park splash pad and authorized the Parks and Recreation Department to execute an
agreement with the artist.
RESOLUTION NO. 22-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA
APPROVING THE ARTWORK AS RECOMMENDED BY THE PUBLIC ART
COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION
DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE ARTIST
7. FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT
WITH NEW CINGULAR WIRELESS PCS, LLC (AT&T) FOR EXISTING WIRELESS
FACILITIES AT VETERANS SPORTS PARK (1645 VALENCIA ROAD)
City Council March 1, 2022
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First Amendment to Communications Site License Agreement between the City of
Tustin and New Cingular Wireless PCS, LLC (AT&T) for the cell site at Veterans
Sports Park. The Amendment would allow New Cingular Wireless PCS, LLC to make
additional improvements to an existing communications site as described in Exhibit
3-A of the attachment.
Motion: The City Council took the following actions:
1 . Approved the attached First Amendment to Communications Site License
Agreement with New Cingular Wireless PCS, LLC for the cell site at Veterans
Sports Park; and
2. Authorized the City Manager to execute this First Amendment.
8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE PINE TREE PARK IMPROVEMENTS PROJECT CIP NO.
20087
The plans and specifications for the Pine Tree Park Improvements Project (CIP No.
20087) have been prepared and the project is now ready for bid.
Council Member Gomez expressed concern regarding the park closure during
summer. Director of Public Works Douglas S. Stack addressed her concerns.
It was moved by Council Member Gomez and seconded by Council Member Clark
to adopt Resolution No. 22-11 approving the plans and specifications for the Pine
Tree Park Improvements Project (CIP No. 20087); and authorize the City Clerk to
advertise to receive bids.
Roll Call Vote — City Clerk
Motion carried: 5-0
RESOLUTION NO. 22-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONS FOR THE PINE TREE PARK
IMPROVEMENTS PROJECT CIP NO. 20087 AND AUTHORIZING
ADVERTISEMENT FOR BIDS
9. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK
REPAIR PROJECT - ZONE 3, CIP NO. 70021
The plans and specifications for the Annual Roadway Rehabilitation and Sidewalk
Repair Project for Zone 3 (CIP No. 70021) have been prepared and the project is
now ready for bid.
Motion: The City Council:
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1 . Adopted Resolution No. 22-08 approving the plans and specifications for the
Annual Roadway Rehabilitation and Sidewalk Repair Project - Zone 3, (CIP
No. 70021), and authorized the City Clerk to advertise to receive bids; and
2. Appropriated $630,000 from the Measure M2 Fund (Fund139) for sidewalk
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. 22-08
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 3, CIP NO. 70021
AND AUTHORIZING ADVERTISEMENT FOR BIDS
PUBLIC HEARING ITEM 10
10. COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENTS
PERFORMANCE EVALUATION
Management Analyst II 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, suitable living environments, and by expanding economic
opportunities, specifically for low- and moderate-income persons. The City of Tustin's
CDBG grant award for the 2022-23 program year is anticipated to be approximately
$800,000 based on the prior year funding allocation provided by the federal
Department of Housing and Urban Development (HUD).
Pursuant to CDBG program regulations, to carry out the program, the City will need
to have at least two public hearings. One hearing is conducted during the preparation
of the Action Plan, and another for the adoption of the Action Plan. This is the first
public hearing, with the purpose to inform interested citizens about the CDBG
program, obtain citizens' views on CDBG priorities, and to provide a report on the
performance of the eleven (11) current year public service CDBG fund subrecipients
(also known as nonprofit subrecipients).
Public Hearing opened at 6:45 p.m.
Public Input — John Garay
Public Hearing closed at 6:48 p.m.
It was moved by Council Member Gomez and seconded by Mayor Pro Tem Cooper
to review the current Consolidated Plan priorities and consider non-profit
subrecipient's performance evaluations, and approve continued funding for Year 3.
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Roll Call Vote — City Clerk
Motion carried: 5-0
OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
Reported that at the last City Council budget meeting, the City Council put forth additional
funds in the Tustin Cares Program toward small business grants for businesses, nonprofits
and other businesses programs.
Announced Economic Development Department has been working with the Small Business
Development Center (SBDC) to host a small business clinic on Tuesday, March 29, 2022
at the Clifton C. Miller Community Center from 5:30 PM to 8:30 PM; business owners within
the City will receive an opportunity to meet with a consultant for a thirty-minute session to
address any immediate needs about marketing, operations or financials at no cost to the
business owner; additionally, the business owner will be assigned a primary consultant to
shepherd them through this process with follow up meetings.
This event is by registration only; encouraged anyone who is interested to visit
tustinsbc.eventbrite.com to register; the Economic Development Department will be
launching this information out to all Tustin businesses; this event has happened in the past
with success; this is an innovative way the City is helping businesses flourish out of the
COVID-19 pandemic.
City Attorney David E. Kendig
No report.
COUNCILMEMBER COMMENTS AND REPORTS
Mayor Lumbard announced the following upcoming events:
Upcoming Events
March 12
Free Shredding Event
8:00 AM to 2:00 PM
Location: City Hall Parking Lot
March 18
Casino Night
7:00 PM to 10:00 PM
Location: Clifton C. Miller Community Center
March 28
City of Tustin and County of Orange One-Stop Mobile Employment Unit
10:00 AM to 4:00 PM
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Location: Tustin Library
Council Member Gomez
February 17
• Attended the Orange County League of Cities General meeting; reported two public
speakers presented; one was a public safety lobbyist, gave an update on public
safety legislation including: efforts to roll back Prop 47, fire safety and emergency
services, the State budget, and cannabis; reported the second public speaker was
from the American Red Cross, gave an update on the services of the American Red
Cross of Orange County providing first responder services, emergency
preparedness for the upcoming fire season, extreme heat services for senior citizens
and benefits to veterans.
• Attended the Orange County Mosquito and Vector Control District Board meeting;
discussed an overview of the trustee's roles and responsibilities, gave an update on
the sterile insect techniques project and the outreach events for 2022; announced
there will be a virtual open house for City Council Members on April 28, 2022, will
report more information as the date gets closer.
• Attended the Orange County Human Relations roundtable discussion responding to
hate crimes; reported other Orange County elected officials attended and discussed
hate incidents within the County.
February 22
Met with the new Tustin Unified School District's Superintendent, Dr. Mark Johnson.
February 24
Attended the Orange County Public Libraries' Library Advisory Board meeting; the following
items were discussed:
• Elected officers for the upcoming year;
• Presentation on the library remodeling projects in the County was given;
• New project to help count patrons in the library and the times of day to assist with
staff and resources;
• Announced a couple of new programs; stated will share this information with City
staff to share on social media outlets:
o Books by Mail, provides books on CD to homebound residents in the County
with physical disabilities, long-term illness or lack of transportation, this is an
ongoing service to the senior population;
o Zip Books is a grant funded project from the California State Library to help
enhance library collections and rapidly meet customer needs; this is an
alternative to the inner library loan program, which allows quicker service to
patrons by mailing requested and qualifying items directly to patron's homes,
which they return by mail, which is also free;
o Orange County Stories is the library's online collection of historic photographs
and videos, they celebrate the County's rich cultural diversity by documenting
historical events, people, business and institutions over the past 100 years;
there are videos that range from interviews with 1932 Gold Medalist Evelyn
Furtsch Ojeda, a former Tustin resident that passed away a few years ago, to
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a collection with native populations and tribal members along with several
other interviews; Orange County Public Libraries was awarded a two year
grant to produce an online collection of videos to be added to these Orange
County Stories;
o Reminded everyone of the Orange County Memory Lab which is only at the
Tustin Library allowing patrons to digitalize their photographs and videos; this
lab is a free, do-it-yourself digitization to preserve documents, photos, audio
visual items; they provide the equipment to learn and walk participants
through the process.
February 26
• Toured the Banning Ranch Conservancy Area.
• Toured the new Brookfield Development's Luna Project; announced there are
interesting floorplans that utilize space for some good living options.
Council Member Gallagher
Met with the new Tustin Unified School District's Superintendent, Dr. Mark Johnson; the
School District is very lucky to have him as their Superintendent; announced how engaged
Dr. Johnson is with the community; enjoyed meeting with Dr. Mark Johnson.
February 23
Attended the Orange County Sanitation District (OCSD) Board of Directors meeting;
reported labor negotiations are underway.
Thanked Director of Public Works/City Engineer Douglas S. Stack and his department's
work in recognition of National Engineers Week, February 20, 2022 through February 26,
2022.
Council Member Clark
Attended the Girls Inc. of Orange County's A Bedtime Story event; read Mommy is the
Mayor; discussed inclusion, representation and the Girls Inc. motto, "Strong, Smart and
Bold".
Attended Peters Canyon Elementary School's Parent Teacher Organization (PTO) Human
Relations Committee meeting as a guest speaker; reported was their first committee
meeting; stated this committee covers diversity, equity, and inclusion.
March 1
Attended the Voi Julie Diep Show on Little Saigon TV as guest speaker to celebrate the
beginning of Women's History Month; wished everyone a Happy Women's History Month.
Recognized Council Member Gallagher for National Engineers Week.
City Council March 1, 2022
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Mayor Pro Tem Cooper
February 22
Met with the Tustin Historical Society at Friend's Cafe; gave a brief overview and discussed
the exciting projects that are underway in Tustin; recognized Geoffery Perea, chef/owner of
Friend's Cafe for hosting and catering the event for approximately fifty people.
Announced the Santa Ana and Tustin Unified School Districts are in collaboration with the
Santa Ana Host Lions Club, OC Central Lions Club and the Tustin Host Lions Club are
sponsoring a Free Vision Screening and Free Recycled Glasses event on March 5, 2022
from 8:00 AM — 2:00 PM at Columbus Tustin Middle School; reported the last event gave
1200 glasses away; reported vision screenings are a great indicator for diabetes; mentioned
volunteers needed; stated is a wonderful yearly program; encouraged everyone to come.
Mayor Lumbard
February 16
• Met with local real estate brokers at Roundtable Pizza to provide an update on what
Tustin is doing this coming year and the City Council's goals.
• Met with Orange County's Second District Supervisor Katrina Foley's staff and
County of Orange staff, along with Council Member Gomez and Council Member
Clark, to discuss housing opportunities, regional solutions and Project Home Key
projects; is a very important topic; appreciated Supervisor Foley hosting the event.
February 17
Attended the Airport Land Use Commission (ALUC) meeting; reported Orange County
Cities continue to have housing conflicts with the State of California's ruling, requiring all
cities to add additional housing units; stated Tustin is not alone in this matter.
February 18
• Visited Tustin Hyundai and Tustin Mazda to present certificates of recognition for
being rated #1 for their customer online reputation in the nation; thanked the
dealerships for what they are doing to earn such a recognition.
• Met with the new Tustin Unified School District's Superintendent, Dr. Mark Johnson;
reported Dr. Johnson has been on the job for 50 days and met with 49
representatives since starting; was very impressed with the new Superintendent.
February 23
• Held a Cub Scout tour at City Hall; thanked Communications Manager Stephanie
Najera for conducting the tour.
• Attended the Transportation Corridor Agencies (TCA) Joint Capital Programs and
Project committee meeting; continued to discuss the 241 and 91 Express Lanes
connector project.
February 24
Attended the Transportation Corridor Agencies (TCA) Joint Environmental Committee
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meeting.
February 25
• Attended, with City Manager Matthew S. West, the Public Art Committee and Tustin
Area Council for Fine Arts' (TACFA) unveiling of the newly painted traffic signal
cabinets; reported one is North of Peppertree Park on First Street and B Street; the
second is at Sixth Street and EI Camino Real; TACFA has partnered with the Public
Art Committee to fund the cabinet paintings with Tustin Unified School District
students' artwork to beautify the community; called on the community for someone
to do patriotic art and Tustin heritage art, agricultural roots would be welcomed
additions.
• Held Mayoral Office hours; met with a couple of residents.
• Toured the Marconi Auto Museum; reported the museum is revamping their meetings
and events at the direction of John Marconi, Dick Maroni's son; exciting things to
come.
ADJOURNED IN SOLIDARITY WITH THE PEOPLE OF UKRAINE
ADJOURNMENT at 7:21 p.m. The next meeting is scheduled on Tuesday, March 15, 2022
for the Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m.
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DocuSigned by: gned by:
,S inn bay' FIZ ,.S'
AUS I" 1LDU BARD, ERI INP.AYA D A,
Mayor City Clerk
City Council March 1, 2022
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