HomeMy WebLinkAboutCC MINUTES 10.04.22City Council October 4, 2022
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MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER – #3027 at 5:31 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
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 discuss
Items 1 and 3 as they appear on the agenda including discussion with its real property
negotiators City Manager Matthew S. West, Director of Economic Development Chris
Koster and Deputy Director of Economic Development Jerry Craig.
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 OF TUSTIN REGULAR OCTOBER 4, 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
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of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (1 case)
Recessed at 5:32 p.m.
Council Member Clark arrived at 5:40 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN
HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER – #3027 at 7:06 p.m.
INVOCATION - Pastor Dane Counts, Kings Way Foursquare Church
PLEDGE OF ALLEGIANCE – Council Member Gomez
PUBLIC INPUT –
1. Clarissa Serpas, SoCal Gas Company
PRESENTATION – Mayor Lumbard presented a Proclamation to Orange County Fire
Authority Battalion Chief Michael Morganstern in recognition of Fire Prevention Week:
October 9-15, 2022.
CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council took no
A. Property
Address/Description
430-252-05
Agency City of Tustin
City Negotiators Matthew S. West, City Manager; Christopher Koster,
Director of Economic Development; Jerry Craig, Deputy
Director of Economic Development
Negotiating Parties OUTFRONT Media, Collin Smith, Vice President –
National Real Estate Group
Under Negotiation Price and terms of payment
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reportable action.
CONSENT CALENDAR ITEMS 1-7 –
Public Input for Consent Calendar – None
It was moved by Council Member Clark and seconded by Council Member Gomez to
approve the Consent Calendar as recommended by staff.
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 SEPTEMBER 20, 2022 AND THE SPECIAL MEETING OF THE TUSTIN
HOUSING AUTHORITY HELD ON SEPTEMBER 20, 2022.
Motion: The City Council approved the Action Minutes of the Regular Meeting of
the City Council held on September 20, 2022 and the Special Meeting of the Tustin
Housing Authority held on September 20, 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 $918,314.95 and
Demands in the amount of $1,737,705.09.
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
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B. The Council has reconsidered the circumstances of the state of
emergency; and
C. Local health officials continue to recommend measures to promote
social distancing.
5. AWARD CONTRACT FOR THE BENETA WELL NO. 2 - PHASE II EQUIPPING
PROJECT (CIP NO. 60151)
Bids for the Beneta Well No. 2 - Phase II Equipping Project (CIP No. 60151) have
been received and a construction contract is ready to be awarded to the lowest
responsive/responsible bidder, Arnaz Engineering Contractors, Inc. ("Arnaz").
Motion: The City Council:
1. Denied the bid protest submitted by Environmental Construction, Inc. ("ECI")
as to Arnaz;
2. Awarded a construction contract to the lowest responsive/responsible bidder,
Arnaz, in the amount of $3,096,800.00 for the Beneta Well No. 2 - Phase II
Equipping Project (CIP No. 60151) and authorized the Mayor and the City
Clerk to execute the contract documents on behalf of the City; and
3. Authorized the remaining project budgeted appropriation in excess of ten
percent (10%) above the contract amount as additional contingency.
6. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
Quarterly Report for the first and second quarters of 2022. The average noise level
measured at Tustin’s monitoring station (NMS 10N), located at Columbus Tustin
Middle School on Beneta Way (Figure 1), remained consistent with prior quarters.
Average daily noise levels during the first and second quarters continued to remain
well below the City, County, and State criteria of 65 decibels (dB) Community Noise
Equivalent Level (CNEL) for residential uses. Residential noise sensitive areas
exposed to an average Community Noise Equivalent Level (CNEL) of more than 65
dB define the "Noise Impact Area".
Motion: The City Council received and filed this report.
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1528 (CODE
AMENDMENT 2022-0004 – DENSITY BONUS UPDATE)
Adoption of Ordinance No. 1528 amends and restates in its entirety Chapter 1 of
Article 9 (Land Use) of the Tustin City Code (Code Amendment 2022-0004) relating
to incentives for the development of affordable housing.
As a follow up to Councilmember Gomez’s question requesting the definition of the
Transitional Foster Youth. The draft Density Bonus Ordinance makes reference to
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the definition in Section 66025.9 of the Education Code, which defines the term as
follows:
“Foster youth and former foster youth” means a person in California whose
dependency was established or continued by a court of competent jurisdiction,
including a tribal court, on or after the youth’s 13th birthday and who is no older than
25 years of age at the commencement of the academic year.
Motion: The City Council had second reading by title only and adoption of Ordinance
No. 1528.
ORDINANCE NO. 1528
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING
AND RESTATING IN ITS ENTIRETY CHAPTER 1 OF ARTICLE 9 (LAND USE) OF
THE TUSTIN CITY CODE (CODE AMENDMENT 2022-0004) RELATING TO
INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING
PUBLIC HEARING ITEM 8
8. GENERAL PLAN AMENDMENT (GPA) 2022-0002, 2021-2029 (SIXTH CYCLE)
HOUSING ELEMENT UPDATE
Public Hearing opened at 7:15 p.m.
Assistant Director of Community Development Irma Huitron provided a PowerPoint
presentation.
On October 5, 2021, the City Council adopted Resolution No. 21-86, certifying the
Negative Declaration for GPA 2021-0002 and Resolution No. 21-87, approving GPA
2021-0002, updating the City’s Housing Element of the General Plan. GPA 2022-
0002 is an update to the adopted Housing Element (GPA 2021-0002) in response to
the State Department of Housing and Community Development (HCD) review to
comply with State Housing Element law. Per AB 215, updates have been posted for
public review and can be accessed online at www.tustinca.org/HousingElement.
The Planning Commission, at its September 13, 2022 meeting, recommended
approval of the Housing Element Update to the City Council for consideration during
its October 4, 2022 meeting. City staff will subsequently transmit the revised adopted
Housing Element to HCD by October 15, 2022.
Public Input
1. Mitchell Tsai (submitted a letter via e-mail)
2. Bev Laumann (In-person)
3. Charles Laumann (In-person)
4. Joanne Shelly (In-person)
5. Andrew Meling (Zoom)
6. John Garay (Zoom)
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Public Hearing closed at 7:41p.m.
It was moved by Mayor Lumbard and seconded by Council Member Clark that the
City Council adopt Resolution No. 22-47, approving GPA 2022-0002, updating the
Housing Element to comply with State Housing Element law.
Roll Call Vote – City Clerk
Motion carried: 5-0
RESOLUTION NO. 22-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING
GENERAL PLAN AMENDMENT 2022-0002, UPDATING THE TUSTIN HOUSING
ELEMENT PURSUANT TO GOVERNMENT CODE SECTION 65588.
OTHER BUSINESS/CITY MANAGER REPORT
City Manager, Matthew S. West
Mentioned the Density Bonus Ordinance, Item No.7, was a City staff-initiated item; stated
the City is constantly looking at the new bills and regulations to determine what is best for
the community, what is the best way to make changes, and protect the community;
mentioned there will be opportunities for the public to comment when the City adjusts the
Tustin City Code.
Congratulated everyone on the 65th Annual Tustin Tiller Days event; this year’s event was
the most successful event to-date in carnival proceeds and beer and wine sales; mentioned
the parade was a success; had over 100 entries and 13 high school bands; thanked Tustin
Tiller Days Committee Member, Cherrill Cady, Recreation Coordinator, Stephanie Finn,
Parks and Recreation Services Director, Chad Clanton and his department for organizing
the event; thanked everyone in the Public Works Department, Police Department and Parks
and Recreation Department for making the event seamless; thanked the title sponsors,
Veteran Air and the Tustin Auto Center; thanked Tustin Tiller Days Chair, Amy Nakamoto,
the Tustin Tiller Days Committee, and Recreation Coordinator, Christian Hernandez;
announced it was Amy’s third and final year as Tustin Tiller Days Committee Chair; thanked
everyone for putting on a great event.
Stated Brookfield Residential is currently completing The Landing project at the Tustin
Legacy; reported, Brookfield Residential took home several awards for Tustin’s, The
Landing project at the Southern California Building Industry Awards ceremony, including:
Best Architectural Design of a Detached Home for Cira at The Landing, Best Architectural
Design of Multi-Family Community for the Terra Collection at The Landing and Community
of the Year – Hybrid for The Landing; thanked the Brookfield Residential team for being a
great partner with Economic Development, Community Development, and Public Works
Departments; the City looks forward to adding The Landing community to Tustin.
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Announced the City of Tustin has been ranked 1st in the state and 12th nationwide in
Fortune’s 25 Best Places to Live for Families; based on 2,000 cities and towns across all
50 states for cities that best address the need of multigenerational households; Fortune
collected and considered more than 200,000 data points on education quality, aging
resources, general wellness factors, affordability, livability issues, crime rates and diversity;
stated Tustin is unique by being centrally located, the inner connectedness, access to a
range of jobs, school, entertainment opportunities and Michelin-starred restaurants;
congratulated everyone on these rankings; thanked the current City Council Members, prior
City Council Members, current and past City staff, and the community as a whole; thanked
the Tustin Unified School District (TUSD) for their amazing job and success rate with
graduates; stated it is a holistic approach; congratulated the community for the ranking.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Gomez
September 22
Attended Tustin Chamber of Commerce Mixer event at Rock & Brews.
September 27
Attended the Tustin Senior Center Volunteer Appreciation event.
September 28
Attended the Orange County Transportation Authority Roundtable event; discussed future
transportation plans for the community and what elected leaders want to see; reported
current projects, challenges with changing transit patterns, revenue forecasts; stated with
the state mandate to move toward more electric vehicles there will not be as much gas tax;
was a robust discussion.
September 29
Attended the Tustin Tiller Days Kick-Off event; was well attended by many volunteers and
commissioners.
October 1
Attended the Tustin Tiller Days Parade event; reported quite a few entertaining participants
and 13 high school bands; reported the layout of Tustin Tiller Days allowed for a better flow
of people and a variety of entertainment; was a safe event; thanked the Tustin Police
Department for patrolling near Columbus Tustin Park.
October 4
Attended the Tustin Senior Advisory Board retreat; discussed the Senior Center’s mission
and vision; announced the retreat will continue on Thursday, October 6, 2022.
Thanked the citizens of the Tustin community for promoting volunteerism, creating activities,
safe streets and clean parks; mentioned these all contribute to the community support and
resources.
Announced October is Breast Cancer Awareness Month to share information and increase
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awareness of the impact of breast cancer and need for more research to combat the
disease.
Announced on Thursday, October 6, 2022 at 7:00 P.M. at the Tustin Library the League of
Women Voters along with the Tustin Santa Ana Orange Association of University Women
will present a program on the upcoming propositions in the 2022 General Election; reported
it is a nonpartisan event; will be a very informative discussion.
Council Member Gallagher
September 28
Attended the Orange County Sanitation District (OCSD) Board meeting; reported the Board
is completing labor negotiations; mentioned one labor unit rejected the offer, all other units
accepted; however, the Board is able to resolve the issue.
October 1
Attended the Tustin Tiller Days Parade event.
Appreciated City Manager, Matthew S. West’s report; requested the Brookfield Residential
award for the Community of the Year - Hybrid for The Landing project to be shared on social
media.
Council Member Clark
Thanked City staff and volunteers for putting on the Tustin Tiller Days event; is one of her
favorite events; recognized Tustin Tiller Days Committee Member, Cherrill Cady, for running
the Tustin Tiller Days Parade event; recognized Community Services Commissioner, Amy
Nakamoto, for her passion to continue to coordinate the event and more; thanked Parks
and Recreation Services Director, Chad Clanton, Parks and Recreation Superintendent,
Marilyn Buescher, Recreation Supervisor, Christian Hernandez, and the Parks and
Recreation Department for the wonderful work on the event; thanked everyone for engaging
the volunteers and helping them feel valued to continue serving year after year.
October 4
Attended the Orange County Business Council’s 2022-23 Orange County Community
Indicators Report and Rollout event; the report can be downloaded on their website,
mentioned the report is worth a read; reported 96% of businesses in Orange County are
considered small businesses, Orange County continues to be an aging County with the 65
and older age group growing; mentioned the City Council needs to ensure their quality of
life is great in Tustin and beyond; reported the Chairman of Brookfield Residential was on
the panel; stated he was complementary of Tustin.
Announced was not surprised Tustin is ranked number one in California for families.
Mayor Pro Tem Cooper
Thanked public input speakers John Garay, and the other public input speakers for being
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involved during the City Council meetings; is glad they continue to be involved.
September 20
Attended the Tustin Public Schools Foundation’s State of Schools event; thanked Tustin
Unified School District’s (TUSD) Superintendent, Dr. Mark Johnson, for his captivating
speech and all of the TUSD employees for their hard work.
Stated the Tustin Tiller Days Parade is always a great event; honored to be a City Council
Member to represent the City.
Reported the Tustin Tiller Days Parade and Kick-Off were great events.
Excited for all the events and wonderful accolades Tustin is having this month.
Mayor Lumbard
September 21
Attended the Newport Bay Watershed Executive Committee meeting at Irvine Ranch Water
District.
September 22
Attended the Orange County Fire Authority (OCFA) Board of Directors meeting.
September 23
Held Mayoral Office Hours; was a great opportunity to talk with residents and hear their
concerns.
September 24
Attended the Tustin Historical Society Kick-Off for the Old Town Tustin Home and Garden
Show event; was a fun showcase of the beautiful properties in Old Town Tustin; thanked all
the volunteers for putting on the event.
September 28
Attended the Tustin Community Foundation bi-monthly nonprofit and inner faith meeting
with Dr. Mark Johnson; Dr. Mark Johnson shared all the great things that are happening
with the Tustin Unified School District (TUSD).
September 29
Attended the Kick-Off party for the 65th Annual Tustin Tiller Days event; thanked Parks and
Recreation Services Director, Chad Clanton and his staff for a great job; looks forward to
next year’s event.
October 1
Attended the Tustin Tiller Days Parade with his 3 sons; thanked Pat Mahoney for driving
them around in his beautiful 1939 Lincoln; thanked Parks and Recreation Superintendent,
Marilyn Buescher, for announcing each parade attendant.
Announced the following upcoming events:
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October 5th & 14th
OC One Stop Mobile Unit
Time: 11:00 A.M. – 4:00 P.M.
Location: Tustin Library
Visit oconestop.com/mobile-unit for more information.
October 12th
Tustin Townhall with Senator Dave Min
Time: 5:30 P.M. – 7:00 P.M. – doors open at 5:00 P.M.
Location: Tustin Library
RSVP online at https://bit.ly/3DS4flF
October 15th
Old Town Tustin Art Walk
Time: 11:00 A.M. – 5:00 P.M.
Visit tustinca.org/artwalk for more information.
Announced his daughter, Riley Sophia Lumbard is turning one on October 9, 2022; wished
her a Happy Birthday.
ADJOURNED at 8:12 p.m. The next meeting is scheduled on Tuesday, October 18, 2022 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
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