HomeMy WebLinkAboutCC MINUTES 05.03.22 DocuSign Envelope ID:4E35E1D3-EF78-41C8-AOE8-E108B5F17BE7
CITY OF TUSTIN REGULAR MAY 3, 2022
MEETING OF THE CITY COUNCIL r 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
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 — #3020 at 5:33 p.m.
ATTENDANCE — City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tem Barry W. Cooper and Council
Members Ryan Gallagher and Rebecca Gomez
Absent: Council Member Letitia Clark (arrived at 5:39 p.m.)
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney, Matthew S. West, City Manager
PUBLIC INPUT—
1 . Ryan Lutz
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will meet to
discuss Items 2, 3, 4, 5A through 5L as they appear 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
City Council May 3, 2022
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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
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
Recessed to Closed Session at 5:37 p.m.
City Council May 3, 2022
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MINUTES OF THE 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 at 7:11 p.m.
INVOCATION - Pastor Dane Counts, Kings Way Foursquare Church
PLEDGE OF ALLEGIANCE — Council Member Clark
PUBLIC INPUT—
1 . Marie Luebbers (submitted an e-comment)
2. John Garay (addressed Council on Zoom)
CLOSED SESSION REPORT— City Attorney David E. Kendig: The Council unanimously
denied Claim Nos. 21-19, 21-23, 21-30, 21-31 , 21-32, 21-35, 21-37, 22-02, 22-03, 22-04,
22-15, 22-20. Other than that, there was no reportable action.
CONSENT CALENDAR ITEMS 1-7 —
Public Input - None
Council Member Gomez requested to pull Item No. 6 to recuse herself due to an economic
interest.
It was moved by Mayor Pro Tem Cooper and seconded by Council Member Clark to pull
Item No. 6 and approve the balance as recommended by staff.
Motion carried: 5-0
Council Member Clark also recused herself on Item No. 6.
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 19, 2022.
City Council May 3, 2022
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Motion: The City Council approved 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.
Motion: The City Council approved 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.
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. 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.
Motion: The City Council adopted 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 authorized the Parks and
Recreation Department to execute an agreement with the wrap vendor Majestic Sign
Studio of Corona.
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
City Council May 3, 2022
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6. Council Member Clark and Council Member Gomez left the dais.
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.
It was moved by Council Member Gallagher and seconded by Council Member
Cooper to approve the following:
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.
Motion carried: 3-0
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
Council Member Clark and Council Member Gomez returned to the dais.
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
City Council May 3, 2022
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responsive/responsible bidder, Horizons Construction Company International
("Horizons").
Motion:
1 . Denied the bid protest submitted by Handy Industrial ("Handy") as to Horizons;
2. Denied the bid protest submitted by Klassic Engineering and Construction,
Inc. ("Klassic") as to Horizons;
3. Appropriated CDBG funds in the amount of$871 ,035 ($437,455 from program
year 22/23 and $433,580 from prior CDBG Program Years);
4. Awarded 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
Director of Economic Development Chris Koster provided a PowerPoint presentation.
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.
Public Input —
1 . John Garay
It was moved by Mayor Lumbard and seconded by Council Member Gomez to
authorize the City Manager to execute the Exclusive Negotiating Agreement between
the City and Developer.
Motion carried: 5-0
9. REUSE PARCEL 18 UPDATES
Updates on Reuse Parcel 18 cleanup activities, future phases of work, and the reuse
planning process.
Senior Management Analyst Ken Piguee provided a PowerPoint presentation.
City Council May 3, 2022
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Public Input —
1 . John Garay
The City Council, acting as the Local Reuse Authority (LRA) for former Marine Corps
Air Station (MCAS) Tustin, received and filed 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.
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
Public Input
1 . John Garay
It was moved by Council Member Gallagher and seconded by Mayor Pro Tem
Cooper to continue down the path that the Council has already authorized staff to
proceed on with a four-year term Mayor.
Council Member Gomez requested that Council Member Gallagher restate the
motion.
Council Member Gallagher restated his motion: No on proceeding with further
discussion on this item. Aye would be to end discussion on this item. Mayor Pro
Tem Cooper concurred that was his understanding of the motion.
City Attorney David E. Kendig stated what a yes vote represents: A yes vote on the
motion as stated would mean that this would not be agendized in the future. A no
vote on the motion as stated would be a vote in favor of the discussion.
Motion carried: 3-2 (Council Member Clark and Council Member Gomez dissented)
OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
City Council May 3, 2022
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Announced City operating departments are working with the Finance Department in
finalizing the City's budget in preparation for the upcoming Budget Workshop on June 7,
2022.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Gallagher
April 27
Attended the Orange County Sanitation District (OCSD) Board meeting; announced
OCSD's Wastewater 101 Citizens Academy is coming up, registration is available through
May 11 , 2022; visit ocsan.gov to learn more.
May 3
Attended the House of Ruth Ground Breaking event; thanked Deputy Director of Economic
Development, Jerry Craig for all his hard work on the project.
Council Member Gomez
April 19
Attended a seminar on Accelerated Regional Housing; discussed what other cities were
doing.
April 21
Attended the Orange County League of Cities meeting; reported California State Senator,
Dave Min gave an update on current legislation; great to see other city leaders meeting in
person.
April 23
Attended the City of Tustin's Lemonade Day event; visited four of the lemonade stands
throughout the city; great to see people outside.
April 24
Attended a meeting with a small group of elected leaders to hear from local environmental
groups to discuss their concerns.
April 25
• Attended the Orange County Crime Victims Rally event at the County of Orange
Offices; thanked all Tustin Police Officers that were in attendance.
• Attended the Orange County Teacher of the Year Dinner; honored outstanding
teachers in our public schools, including those from Tustin.
April 26
Participated in the Hillview High School exit interviews for the graduating seniors.
April 28
City Council May 3, 2022
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• Attended the Orange County Mosquito and Vector Control District Open House
event; a presentation on the District's services and outreach programs was given.
• Attended the Orange County Mosquito and Vector Control District Budget Workshop.
• Attended the Library Advisory Board Executive Committee meeting; discussed the
budget and services for the upcoming year.
• Attended the Tustin Chamber of Commerce Mixer at TAPS Brewery.
April 30
Attended the Parents of Murdered Children's 30th Annual Candlelight Vigil and Names
Dedication Ceremony at Memory Garden Park in Brea; culminated Crime Survivors Week.
May 3
Attended the House of Ruth Ground Breaking event; thanked HomeAid Orange County,
Family Promise of Orange County, Brookfield Residential and the many other partners who
are assisting in this project to benefit Tustin families in need of transitional housing and
services.
Council Member Clark
April 22
Attended the Tustin High School Centennial Gala event; was a well-attended event;
recognized Donna Marsh Peery's Class of 1972 that celebrated their 501h Class Reunion at
the event; thanked the committee for organizing the event.
April 23
Attended the City of Tustin's Lemonade Day event; visited a few lemonade stands; thanked
Deputy Director of Economic Development Jerry Craig, Parks and Recreation
Superintendent Marilyn Buescher and Director of Parks and Recreation Chad Clanton for
putting on the event; reported the goal of the event is to inspire entrepreneurship with the
youth in Tustin.
May 3
Attended the House of Ruth Ground Breaking event; thanked HomeAid Orange County and
Family Promise of Orange County; reported was one of the most dynamic ground-breaking
events.
Announced May is Asian American and Pacific Islander Heritage Month and Mental Health
Awareness Month.
Mayor Pro Tem Cooper
Thanked public input speaker John Garay and others for being involved during the City
Council meetings; is glad they continue to be involved.
Announced it is important for the City Council to discuss the permit parking concerns;
reported the Ad Hoc Committee is formed; is hopeful for positive progress on the issue.
City Council May 3, 2022
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Thanked District Attorney Todd Spitzer and his office for addressing street racing throughout
Orange County.
April 22
Attended the Tustin High School Centennial Gala event; was a great event; reported Myron
Miller was in attendance.
Announced Tustin Dollars for Scholars, Annual Kentucky Derby Party Fundraiser will be
held on Saturday, May 7, 2022 at the Tustin Senior Center.
Mayor Lumbard
April 20
Welcomed the Tustin Effective Apartment Managers (TEAM) organization; is a partnership
of apartment managers with the Tustin Police Department and public safety resources to
address criminal aspects in town; reported Operation Warm Wishes Founder, TyRon
Jackson was the keynote speaker at the event.
April 28
Attended the Orange County Fire Authority (OCFA), Board of Director's meeting; thanked
OCFA Division Chief Baryic Hunter for attending the City Council meeting.
April 29
Held Mayoral Office hours; met with a couple of residents; has received a lot of positive
feedback and thanked Council Member Clark for starting the office hours when she was
Mayor.
May 3
Attended the House of Ruth Ground Breaking event; thanked the Economic Development
Department and the City Manager's Office for all the hard work on the project; reported
Family Promise of Orange County has minor administrative tasks to complete before the
start of construction; looks forward to the ribbon cutting on this project.
Announced the following upcoming events:
May 5
Cinco De Mayo Celebration
3:00 PM — 5:00 PM
Location: Frontier Park
Reminded everyone of the Public Art Committee Vacancy; reported the deadline to apply
Friday, May 6, 2022, applications are available on the City's website.
May 8
Mother's Day; wished every mother a Happy Mother's Day.
May 17
Wally Karp Memorial Ceremony
City Council May 3, 2022
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4:30 PM
Location: Tustin Police Department Front Parking Lot
ADJOURNED at 8:17 p.m. 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.
DocuSigned by: DocuSigned by:
A.&-. I;rllCa a.Stti
AUS h,4119W RD, ERICA '. YAC ,DAo .
Mayor City Clerk
City Council May 3, 2022
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