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Home My WebLink About02 CC MINUTES 10.4.22DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8 CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL , -. Barry W. Cooper, Mayor Pro Tem Letitia Clark, Council Member Austin Lumbard, Mayor Ryan Gallagher, Council Member Rebecca Gomez, Council Member Agenda Item 2 Reviewed: DS �?5W City Manager Finance Director N/A OCTOBER 4, 2022 300 CENTENNIAL WAY,TUSTIN COUNCIL CHAMBER AND VIDEO CONFERENCE Matthew S. West, City Manager Erica N. Yasuda, City Clerk David E. Kendig, City Attorney 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 of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) City Council October 4, 2022 Meeting Minutes Page 1 of 10 DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property 430-252-05 Address/Description 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 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 reportable action. City Council October 4, 2022 Meeting Minutes Page 2 of 10 DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8 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 City Council October 4, 2022 Meeting Minutes Page 3 of 10 DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8 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 City Council October 4, 2022 Meeting Minutes Page 4 of 10 DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8 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) City Council October 4, 2022 Meeting Minutes Page 5 of 10 DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8 Public Hearing closed at 7:41 p.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. City Council October 4, 2022 Meeting Minutes Page 6 of 10 DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8 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 City Council October 4, 2022 Meeting Minutes Page 7 of 10 DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8 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 City Council October 4, 2022 Meeting Minutes Page 8 of 10 DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8 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. OrrtnhPr 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 followina uacomina events: City Council October 4, 2022 Meeting Minutes Page 9 of 10 DocuSign Envelope ID: 5FBAD57E-537E-47F8-B9B6-AA097706BFD8 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/3DS4f[F OrtnhPr 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. City Council October 4, 2022 Meeting Minutes Page 10 of 10