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Home My WebLink About00 CC AGENDA 5.3.22 CITY OF TUSTIN REGULAR MAY 3, 2022 MEETING OF THE CITY COUNCIL s 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 NOTICE REGARDING PUBLIC PARTICIPATION To watch the meeting, the public may observe the meeting in person in the Council Chamber or via the City's Granicus service at: https://www.tustinca.org/282/Meetings-Agendas or on the local Cox Channel 851 . To participate and/or comment on one or more items, do the following: 1. PARTICIPATING DURING A MEETING Community members who wish to address the City Council during a public meeting may attend the meeting in person or join through Zoom. By joining the meeting through Zoom, you will be able to speak but your video will not be enabled. Please see further instructions below. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER OR SMART DEVICE Community members may provide live public comments via Zoom during City Council meetings. To join the meeting, click here and use the passcode below. You can also join via the Zoom app on your smartphone or tablet, or in a web browser at https://zoom.us/join, by entering the Meeting ID and Passcode below. Meeting ID: 940 8640 1921 Passcode: 600222 Please provide your name in the Zoom application to allow the City Clerk to identify you when it is your time to speak. We suggest installing and testing the Zoom software on your device prior to the commencement of the meeting. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE To join to the Zoom web conference from any phone (landline or wireless), dial 669-900-6833. City Council May 3, 2022 Meeting Agenda Page 1 of 8 When prompted use the below Meeting ID and Passcode: Meeting ID: 940 8640 1921 Passcode: 600222 The City Clerk will identify you by the last 4 digits of your phone when it is your time to speak. When requested by the City Clerk, call-in users can unmute and mute their phones by pressing *6. Call-in users can raise their hand by pressing *9 but may not lower their hand once raised. 2. PROVIDE WRITTEN COMMENTS THROUGH THE E-COMMENT SYSTEM 1 . Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda go to https://tustin.granicusideas.com/meetings?scope=upcoming and select the agenda item. B. Follow the links to type and submit your comment(s) on one or more items: a. The items may be on the agenda or not on the agenda. b. Your comments will be forwarded electronically and immediately to the members of the City Council. c. Comments related to a particular agenda item will only be considered prior to the close of public comments on that item d. Comments on matters that are not on the agenda may be submitted only until the "Public Comment" portion of the agenda is concluded. For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the meetings for those individuals with disabilities, so the City has established a process to request a reasonable modification or accommodation consistent with the Americans with Disabilities Act (ADA). If you would like to request a modification or accommodation due to a disability, please call (714) 573-3025 as soon as is feasible, and identify the need and the requested modification or accommodation. The City's ADA Coordinator or her designee will receive the request and communicate in response to the request. Items Distributed To The City Council Less Than 72 Hours Prior To Meeting: Pursuant to Government Code section 54957.5, non-exempt public records that relate to one or more open session agenda items and that are distributed to a majority of the City Council less than seventy-two (72) hours prior to the meeting will be available for public inspection on the electronic posting board located at 300 Centennial Way, Tustin, CA 92780. City Council May 3, 2022 Meeting Agenda Page 2 of 8 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 – #3020 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): (2 cases) 3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9, and paragraph (5) or subdivision (e) of Section 54956.9. (1 case) 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code 54956.8]: (1 case) A. Property Lots 11 , 12 and 13 of Tract 18197 Address/Description 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 Lara Regus, Senior Vice President, Development, Abode Communities Under Negotiation Price and Terms of Payment City Council May 3, 2022 Meeting Agenda Page 3 of 8 5. LIABILITY CLAIMS — [Government Code § 54956.95]: (12 cases) A. Claim of Elizabeth Inocencio, Claim No. 21-19 B. Claim of Gar Myers, Claim No. 21-23 C. Claim of Angelica Perez Aguilar, Claim No. 21-30 D. Claim of Ryan Lutz, Claim No. 21-31 E. Claim of Ignacio Garcia-Coria, Claim No. 21-32 F. Claim of Rita Higgins, Claim No. 21-35 G. Claim of Mari Bayramian, Claim No. 21-37 H. Claim of Jolene Illingworth, Claim No. 22-02 I. Claim of Cristina Montijo, Claim No. 22-03 J. Claim of Sek Yee Chang, Claim No. 22-04 K. Claim of Wendy Sorensen, Claim No. 22-15 L. Claim of Farmers Ins Exchange a/s/o Wendy Sorensen, Claim No. 22-20 REGULAR MEETING OF THE CITY COUNCIL AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY 7:00 P.M. CALL TO ORDER — #3020 INVOCATION - Pastor Dane Counts, Kings Way Foursquare Church PLEDGE OF ALLEGIANCE — Council Member Clark 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 - 7) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA City Council May 3, 2022 Meeting Agenda Page 4 of 8 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 APRIL 19, 2022. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on April 19, 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. Recommendation: It is recommended that the City Council approve Payroll in the amount of $932,902.29 and Demands in the amount of $2,368,545.60. 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. Recommendation: Make 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. CREATIVE SIGNALS PUBLIC ART PROJECTS At their April 20, 2022, Regular Meeting, the Community Services Commission recommended forwarding two public art Creative Signals cabinet wrap designs selected by the Public Art Committee for consideration by the City Council. Recommendation: It is recommended that the City Council adopt Resolution 22-20 approving two Creative Signals wrap designs, submitted by the Heavy Collective and Kurt Brizzolara, to be installed on the traffic signal cabinets at the corner of Newport Avenue and Holt Avenue and District Drive and Park Avenue, respectively, and authorize the Parks and Recreation Department to execute an agreement with the wrap vendor Majestic Sign Studio of Corona. City Council May 3, 2022 Meeting Agenda Page 5 of 8 RESOLUTION NO. 22-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE ARTWORK FOR TWO TRAFFIC SIGNAL CABINET WRAPS AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AGREEMENTS WITH THE RESPECTIVE ARTISTS AND MAJESTIC SIGN STUDIO 6. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2022-2023 ASSESSMENTS At the February 15, 2022 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 7, 2022. Recommendation: It is recommended that the City Council: 1 . Adopt Resolution No. 22-18 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2022-2023; and 2. Adopt Resolution No. 22-19 declaring its intention to levy annual assessments for Fiscal Year 2022-2023 and setting a public hearing for June 7, 2022. RESOLUTION NO. 22-18 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 2022-2023 RESOLUTION NO. 22-19 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 2022-2023 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 7. AWARD OF CONTRACT FOR THE PINE TREE PARK IMPROVEMENTS PROJECT, CIP NO. 20087 Bids for the Pine Tree Park Improvements Project (CIP No. 20087) have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder, Horizons Construction Company International ("Horizons"). City Council May 3, 2022 Meeting Agenda Page 6 of 8 Recommendation: 1 . Deny the bid protest submitted by Handy Industrial ("Handy") as to Horizons; 2. Deny the bid protest submitted by Klassic Engineering and Construction, Inc. ("Klassic") as to Horizons; 3. Appropriate CDBG funds in the amount of $871 ,035 ($437,455 from program year 22/23 and $433,580 from prior CDBG Program Years); 4. Award the construction contract to Horizons, the lowest responsive/responsible bidder, in the amount of$2,096,819.17, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. REGULAR BUSINESS ITEMS 8-9 8. EXCLUSIVE NEGOTIATING AGREEMENT WITH AVALONBAY COMMUNITIES INC. AND ABODE COMMUNITIES FOR PORTIONS OF TUSTIN LEGACY DISPOSITION AREAS 2B, 2C AND 8 Request for authorization to enter into an Exclusive Negotiating Agreement (ENA) with AvalonBay Communities Inc. (AvalonBay) and Abode Communities (Abode) (collectively, "Developer") for the disposition and development of portions of Disposition Areas 213, 2C and 8 at Tustin Legacy for a multifamily mixed-use project. Recommendation: Authorize the City Manager to execute the Exclusive Negotiating Agreement between the City and Developer. 9. REUSE PARCEL 18 UPDATES Updates on Reuse Parcel 18 cleanup activities, future phases of work, and the reuse planning process. Recommendation: It is recommended that the City Council, acting as the Local Reuse Authority (LRA) for former Marine Corps Air Station (MCAS) Tustin, receive and file the staff report, attachments and presentation. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA No agenda report has been prepared by staff Pursuant to Resolution No. 21-105, if any three (3) members of the Council approve a motion to agendize any of the following items for a future meeting, the City Manager will initiate preparation of an appropriate agenda report and evaluate the tentative dates for the requested item to be placed on the agenda for discussion and consideration by the City Council. City Council May 3, 2022 Meeting Agenda Page 7 of 8 10. REQUEST TO DISCUSS AT A FUTURE MEETING WHETHER TO ADOPT A TERM CHANGE FOR ELECTED MAYOR FROM FOUR YEARS TO TWO YEARS Requested By Council Member Clark, Co-Signed By Council Member Gomez Recommendation: Pleasure of the City Council. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT- The next meeting is scheduled on Tuesday, May 17, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. City Council May 3, 2022 Meeting Agenda Page 8 of 8