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HomeMy WebLinkAbout13 PUBLIC ART POLICY UPDATES AND PROPOSED ORDINANCE FOR PUBLIC ART COMMISSIONAgenda Item Reviewed: City Manager Finance Director AGENDA REPORT MEETING DATE: FEBRUARY 7, 2023 TO: MATTHEW S. WEST, CITY MANAGER FROM: CHAD W. CLANTON, DIRECTOR, PARKS AND RECREATION SUBJECT: PUBLIC ART POLICY UPDATES AND PROPOSED ORDINANCE FOR PUBLIC ART COMMISSION SUMMARY: The Public Art Policy has been reviewed and staff is recommending updates, as well as the proposed Ordinance 1534 which, if adopted, would establish the Public Art Commission as an advisory body to City Council in relation to implementation of the updated Public Art Policy. RECOMMENDATION: It is recommended that the City Council: 1.Approve updates to the Public Art Policy. 2.Conduct first reading by title only of Ordinance No. 1534 amending the Tustin City Code by adding Part 8 to Chapter 5 of Article 1 of the Tustin City Code to establish the Public Art Commission. 3.Appoint the sitting Public Art Committee members to the Public Art Commission to serve out the remainder of their terms. FISCAL IMPACT: None CORRELATION TO THE STRATEGIC PLAN: The Public Art Policy is in accordance with Goal A of the Tustin Strategic Plan to enhance the vibrancy and quality of life in all neighborhoods and areas of the community. BACKGROUND: On March 20, 2018, the City Council approved Resolution 18-17 establishing a City of Tustin Public Art Policy. The policy established a Public Art Committee appointed by the City Council, who will administer the Public Art Program and manage a Public Art Fund comprised of General Fund monies for the purposes of strategically commissioning public art projects. The policy also includes procedures for evaluating artwork proposed to be donated to the city To date, the Public Art Committee has been involved in the completion of the following public art projects: DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550 13 N/A DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 Page 2 • Civic Center Seat Wall Mural (2019) • Old Town Planter Boxes (2019-2022, four phases) • Laurel Glen Park Restroom Wall Mural (2020) • Tustin Boys and Girls Clubs Mural (2021) • Peppertree Park Bathroom Wall Mural (2021) • Creative Signals Traffic Signal Cabinet Wraps (2021 & 2022, five locations) • Pioneer Road Park Splashpad Seat Wall Mural (2022) • Tustin Sports Park Dugout Wall Mural (2023) • Frontier Park Mosaic Tile Mural (2023) DISCUSSION: In late 2022, it came to staff’s attention that when the Public Art Committee was created in 2018, it was not added to the Tustin City Code, which prompted a review of the Public Art Policy. Based on that review and an evaluation of the first four years of the public art program, staff is recommending the following updates to the policy: • Upgrade the Public Art Committee to the Public Art Commission as a direct advisory body to the City Council, with the sitting Committee members continuing to serve out the remainder of their appointments. • Eliminate the requirement for public art related matters to be approved by the Community Services Commission before being presented to the City Council, except in the case of gifted artwork proposed to be located at a City of Tustin park. • Change the annual allocation to the Public Art Fund from a specific amount to an amount to be determined on an annual basis as part of the City of Tustin Biennial Budget. • Delete ‘Length of Term’ and ‘Stipends’ sections that will be addressed in the Tustin City Code amendments. • Clean-up of miscellaneous items. In addition, staff is recommending that Chapter 5 of Article I of the Tustin City Code be amended to add Part 8 establishing the Public Art Commission of the City of Tustin. If the City Council proceeds with the recommended actions, the next steps and effective date of the proposed Ordinance would be as follows: February 7: Council conducts first reading by title of Ordinance February 21: Council adopts the ordinance March 24 (31 days after adoption): Ordinance takes effect Respectfully submitted, Chad W. Clanton Director, Parks & Recreation Services DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 Page 3 ATTACHMENTS: Revised City of Tustin Public Art Policy Ordinance 1534 adding Part 8 to Chapter 5 of Article 1 of the Tustin City Code DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 City of Tustin Public Art Policy Update 02/07/2023 Public Art Policy Parks and Recreation Department 714-573-3326 City of Tustin, Parks and Recreation Department 300 Centennial Way Tustin, CA 92780 714-573-3326 www.tustinca.org DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 1 City of Tustin Public Art Policy 1. General Purpose: Public art can contribute to the cultural and economic vitality of the Tustin community and enhance the quality of life in our City. The purpose of this policy is to provide a process through which the City of Tustin can commission public art projects and accept or deny gifted artwork. It is the policy of the City of Tustin, as a form of government speech, to commission, accept, deny, display, maintain, and remove public art on City-owned or managed property consistent with the procedures outlined below. Scope: This policy provides procedures for City responsibilities beginning with the funding, commission, submission, evaluation, acceptance or denial of public art, installation, and maintenance, and if necessary, the removal of public art. Definition: The definition of public art in relation to this policy is created or existing artwork that will be commissioned by the City or be given free and clear of any liens to the City to be displayed for the enjoyment of the citizens. Artwork can be considered physical paintings, sculptures, mosaics, works, or designs in any media created for the purpose of expression. The Public Art Policy will be reviewed by the City Council on an as needed basis. 2. Public Art Fund (PAF) The City Council will annually allocate dollars from an appropriate fund to a designated line item for the commission of public art to be displayed on public property in the City of Tustin. The specific allocation will be determined on an annual basis as part of the City of Tustin Biennial Budget. Only expenses directly related to the selection, design, fabrication, and installation of artwork are permitted to be paid from the public art allocation. Allowable expenses from the Public Art Fund: • Artist fees • Materials • Project fees for artist submission websites (e.g. CaFE) • Fabrication of the artwork • Transportation of artwork • Base, mounting, or pedestal for the artwork (if applicable) • Engineering for the artwork • Installation of the artwork • Identification plaque for the art • Lighting instruments specifically lighting the artwork (if applicable) • Motors or subterranean/other equipment directly necessary for installation of the art DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 2 • Art consultant fees (if applicable) not to exceed a maximum of 20 percent of project budget. • Any fees paid to public art experts (e.g. art conservators, qualified appraisers, etc.) required by the Commission or City Council (if applicable) Expenses Not Allowed from the Public Art Fund: • Travel expenses to locate the artist (e.g. airfare for artist interviews, etc.) • Architect, landscape architect, or other professional fees • Public art site preparation (e.g. grading, demolition, removal of other items/structures, running electrical to the public art site, etc.) • Landscaping around the artwork • Items around the artwork not conceptualized, designed, and fabricated by a qualified artist, including but not limited to prefabricated water features, ornamental, or decorative items in the area around the public art, hardscaping, and seating • Utility fees associated with activating electronic or water generated artwork • Publicity, public relations, photographs, educational materials, business letterhead, or logos bearing the artist’s image • Dedication ceremonies, including artwork unveilings or grand openings Verification of Expenses: Public art expenses must not exceed the existing funds available in the Public Art Fund. The Public Art Commission in coordination with staff, will submit financial records in a form acceptable to the City that document allowable artwork expenses paid from the Public Art Fund. All expenditures from the Public Art Fund must follow the City Purchasing Procedures and Policies. Funds not expended in the fiscal year can carry-over to be expended in future years. A balance in the Public Art Fund can be combined with future allocations to fund larger public art projects as needed or desired. 3. Public Art Commission (PAC): The Public Art Commission (PAC) is the formal body responsible for implementing the Public Art Program. Responsibilities include attending all public art planning and review meetings, exercising judgment that is fair and consistent with policy guidelines, advising City Council on all public art related issues, and upholding the reputation and integrity of the Public Art Program and the City of Tustin. The Commission will plan and commission public art and evaluate all artwork, including artwork proposed to be gifted to the City of Tustin. The Commission will also seek grant funding and donors for each project and build partnerships and collaborations with non-profit organizations. The Commission is encouraged to solicit funding from developers and corporations to assist with funding public art projects. The Commission will make recommendations to the City Council regarding commissioned or gifted public art. The Public Art Commission meets once a month or on an as needed basis. The Commission consists of: • Five (5) City Council appointed representatives who may have a background in art and who are Tustin residents General Eligibility Criteria: • Tustin resident • Collaborative team player DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 3 • Commitment to the betterment of the community • Service oriented to people and sensitive to their needs • Understand the relationship with the City Council and the commission’s role as an extension of the Council • Education, experience, and/or commitment to the visual arts, including artwork and other related public art The Director of Parks and Recreation Services, or staff designee, will be responsible for the operation of the Public Art Program and coordination with the Public Art Commission. 4. Artist Selection for Commissioned Artwork: Selected artists must meet the qualification requirements described below. Artists’ past public art commissions, including the contract amount paid to the artist, will be verified by the City as part of the artist approval process. For the selection process, Artists must submit a Letter of Interest, artist resume, history of public art commissions, photos of completed public art projects, and three professional references. Artist Qualifications: An artist must be recognized by critics and peers as a professional practitioner of visual arts. To assess the qualifications of an artist, the Commission will consider the following: • Artist’s body of work • Educational background • Formal training • Past and current large scale (5 feet or larger) outdoor public art commissions • Sales of work • Exhibit records • Publications • Artwork design Artists should also have experience in the following areas: • Successful collaborations with cities or other organizations • Meeting project deadlines • Negotiating and contracting their work responsibly • Conceptualizing, designing, fabricating, and installing large-scale outdoor art work similar in scope to the proposed public art • The ability to demonstrate long-term outdoor durability of selected materials Artists shall have the experience and expertise to create site-specific public art after consideration of contextual issues related to the project site including: • Architectural style • Future use and users of the project site • The community at large • The proposed artwork in terms of its placement Artists will be invited and evaluated through an inclusive and accountable selection process. Hallmarks of the artist selection process will be to clearly communicate the goals of the project, seek the highest quality DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 4 and integrity in the artwork, and select an artist(s) who will best respond to the distinctive characteristics of the site. Art Consultant: To assist with the Public Art Program, the Public Art Commission has the option of hiring a qualified, experienced public art consultant to facilitate artist selection, manage the Public Art process, manage artwork installation, assist with fundraising and grants, and ensure all requirements have been satisfied. Art consultant fees are not to exceed 20 percent of the Public Art Fund allocation. 5. Site Selection: When determining a potential site for public artwork, the following shall be considered: a. The relationship and compatibility of the artwork and site are considered in terms of physical dimensions, social dynamics, local character, and surrounding context of the existing or planned site b. Theme and relevance to the community and the site c. Visibility of the site by the general public d. Public safety e. Improvements made to the design of an area f. Vehicular and pedestrian traffic patterns g. Accessibility h. Site design including landscaping, drainage, security, maintenance, grading, and lighting i. Relationship of proposes artwork to existing artwork j. Environmental impact(s) k. Impact on adjacent property owners l. Impact on operation functions (i.e., police, fire, parks and recreation, public works) m. Potential for vandalism Gifted or Donated Artwork: The Public Art Commission will evaluate all artwork proposed to be gifted to the City of Tustin. The Commission will make future recommendations to the City Council for final acceptance or rejection. All gifted artwork requires adherence to the following evaluation and selection procedures. A.) Application and Letter of Interest The donor of the proposed artwork shall complete a Gift Proposal Application (Appendix A) and provide a Letter of Interest to the Director of Parks and Recreation Services or his/her designee. Information required during this initial phase will be: a.) Description of Artwork/Media b.) Specifications and Dimensions c.) Materials and Finishes d.) Colors e.) Utility Requirements (e.g. electrical) f.) Construction and Installation Method g.) Depiction of Artwork (Drawing/Picture) h.) Budget DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 5 i.) Location/Site Plan j.) Timeline Donors may solicit letters of support from the community expressing support for the gifted artwork and associated project. B.) Presentation to the Public Art Commission If applicable, the donor will be scheduled to present a proposal of the gifted artwork to the Public Art Commission as an agenda item at a regular meeting of the Commission. The donor is expected to present the actual artwork, a model of the artwork, or scale drawings of the proposed piece. If it is not possible to bring the actual artwork for review, a photograph of the artwork may be used. The Public Art Commission will review the proposal, consider the presentation, and make a recommendation at a subsequent meeting. If the proposal and presentation does not provide the Commission sufficient information to make a recommendation, the Commission may postpone the recommendation until further information is provided. The following criteria shall be used by the Public Art Commission to review and evaluate the acceptability of the proposed artwork: • Aesthetics – It shall be deemed to be an artwork of lasting aesthetic value • Quality – There is inherent quality in the artwork itself • Style – An artwork shall be compatible in scale, materials, form, and content with its surroundings • Permanence – Due consideration shall be given to structural/surface soundness, resistance to theft, vandalism, weathering, and excessive maintenance repair costs • Public Liability – Each artwork shall be examined and approved for safety conditions and factors which may relate to public liability • Feasibility – Each artwork shall be reviewed for realistic completion and installation • Duplication – To assure the artwork is original and will not be duplicated, the artist shall warrant the artwork as unique and an edition of one, unless stated to the contrary The following criteria and factors will be considered for proposed placement of the artwork in addition to site selection criteria: (Also, see #5 Site Selection) • Visibility • Lighting • Public Safety • Impact to facility and programs • Traffic (interior, exterior, foot, and auto) • Location (relationship to facility, architecture, and natural setting) • Future development plans of facility and area • Impact on community and neighborhood • Installation and maintenance DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 6 C.) Review and Recommendation to the City Council The recommendation of the Public Arts Commission will be forwarded to the City Council for consideration of the gifted artwork and final site location. A final decision shall be made by the City Council to accept, delay, or reject the gifted artwork. If the proposed location of the gifted artwork is a City of Tustin park, the Public Art Commission will consult with the Community Services Commission prior to presenting recommendations to the City Council. D.) Installation and Maintenance If the artwork is accepted by the City Council and installed on City property, it becomes the responsibility and property of the City of Tustin Installation of the artwork is the responsibility of the participating artwork sponsor/organization unless otherwise determined. A plan of installation and timeline must be submitted to the Director of Parks and Recreation Services or his/her designee prior to permission being granted for installation. Installation may be supervised by City employees or their designees. All damage to any City facility during installation is the responsibility of the artwork donor and/or artist. Artwork shall be installed and sited on City owned or managed property in a manner that ensures public access, including ADA access. Artwork will be installed to the satisfaction of the City of Tustin and its officials. City insurance requirements must be met prior to installation of artwork. Routine maintenance of the artwork after installation will be the responsibility of the City of Tustin. E.) Removal of Artwork (if necessary) The following may be grounds for the City to remove the artwork from City owned or managed property. The City reserves the right to remove the public art at its own discretion. • Theft – A piece of the artwork was stolen from its location and cannot be retrieved. • Damage Beyond Reasonable Repair – The public art has been damaged beyond repair, damaged to the extent that it no longer represents the artist’s intent, or damaged to the extent that the expense for restoration and repair are found to equal or exceed current market value of the public art. This determination will be made by the Director of Parks and Recreation Services or his/her designee with input provided by the artist, if possible. • Site Alteration – For site-integrated or site-specific works of art, the site for which the public art was specifically created is structurally or otherwise altered and can longer accommodate the public art, is made publicly inaccessible as a result of new construction, demolition, or security enhancement, or has its surrounding environment altered in a way that significantly and adversely impacts the public art. • Safety – There is a documented history of incidents that show the public art is a threat to public safety. • Excessive Maintenance – The public art requires excessive maintenance. This determination will be made by the Director of Parks and Recreation Services or his/her designee with input provided by the artist, if possible. • Comparable Quality – The public art is inferior quality as related to the quality of other nearby works or the quality of the artwork has eroded over a period of time. DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 7 A notice will be issued to the artist and artwork sponsor/donor regarding the reason and proposed date of the public art removal. Removal Options: • Directly returned back from the City of Tustin to the artist or art donor. • Sale through a public auction or direct bidding by individuals. Any revenue generated from such a sale will be directed back to the Public Art Fund for the future commission of public art projects. • Destruction of artwork and recycling of materials comprised of the public art. F.) Interpretation/Policy: This policy supersedes all previous policies or Memos of Understandings covering the same topic. This policy may be reviewed and amended by the City. Questions concerning the interpretation of application of this policy should be directed to the office of the Director of Parks and Recreation Services Department. DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 8 City of Tustin Gift Proposal Application - Public Art Proposal Details Working Title Artist(s) Name Year Completed Dimensions (HxWxD) Preferred Project Installation (approximate) Physical description of the proposed piece (significance, Is this piece one of a kind? Is the piece completed? Proposed Location Address What is your rationale for this site (historical reason, etc.) Why do you wish to donate this piece to the City of Tustin? Applicant Details Contact First & Last Name Organization Name (if Type of Organization (if Phone Number Email Address Postal Address Website Address (if relevant) Technical Specification Describe how the artwork is constructed / made. Support with attachments as listed at the end f h application. How is the artwork to be properly installed? Support with attachments as listed at the end of application. Does this piece require plumbing, electrical, or other utility hookups? If so, describe and support with attachments as listed at the end of this application. DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 9 What is the expected lifetime and staying power of the material(s) used in creating the artwork? What maintenance will this piece require and how often? Please identify any specific maintenance procedures and / or equipment and associated costs. What precautions have been taken to guard against vandalism? What steps have been taken to insure that the piece will not be a safety hazard? Budget Value of Artwork $ Permits $ Structural Engineering $ Site Preparation $ Insurance for Moving / Siting the Piece $ Electrical / Plumbing / Utility Hookup $ Delivery of Artwork to Site $ Artwork Installation $ Signage $ Recognition $ Other $ Total Expenses $ When was the piece last appraised? By whom? What is the value of the piece as currently What is your timeline? Identify the different stages, steps, and date goals to prepare the piece donation. DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 10 Restrictions Are there any covenants, requirements, or restrictions that come with the piece? What expectations do you have for the City of Tustin in accepting this piece? Community Involvement Do you have support from the community in creating this piece? Do you have the support of the surrounding community for the proposed site? Please identify who in the community has been contacted, how the community was contacted, what their response was. Please attach any letters of support. APPLICANT MUST SUBMIT THE FOLLOWING SUPPORTING DOCUMENTATION WITH THIS APPLICATION An artistic resume and / or bio of the artist(s) who created the proposed artwork Three to five clean and clear images of the proposed artwork Scale drawing and / or model(s) of the proposed artwork (if applicable) If you have a site in mind, please include a photograph and description of the site(s) d include a scaled drawing or digital rendering that illustrates the proposed piece sited this location A copy of a formal appraisal of the proposed piece or an estimate of value Technical specification that indicates the construction and installation details for the If applicable, drawings should be reviewed and approved by a structural engineer. RETURN APPLICATION AND SUPPORTING DOCUMENTATION TO: City of Tustin C/o Director of Parks and Recreation Services 300 Centennial Way Tustin, CA 92780 DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 _____________________ Ordinance No. 1534 1742496.1 ORDINANCE NO. 1534 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADDING PART 8 TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATED TO THE ESTABLISHMENT OF A PUBLIC ART COMMISSION The City Council of the City of Tustin does ordain as follows: SECTION 1. Chapter 5 of Article 1 of the Tustin City Code is hereby amended to add Part 8 as follows: PART 8 – PUBLIC ART COMMISSION 1581 - COMMISSION ESTABLISHED There is hereby established the Public Art Commission of the City of Tustin with the compensation, jurisdiction, duties, terms of office, and other characteristics as specified herein. 1582 - MEMBERS The Public Art Commission shall consist of five (5) members, each of whom shall be both residents and registered voters of the City during all times they hold office. 1583 - APPOINTMENTS AND TERMS a. Appointment. Members of the Public Art Commission shall be appointed by the City Council. All members of the Commission shall serve until their respective successors are appointed and qualified. b. Removal. All members of the Commission shall serve at the pleasure of the City Council and may be removed upon motion of the City Council adopted by at least three (3) affirmative votes. A member of the Public Art Commission shall automatically be deemed removed from office upon certification of election of that member to the City Council as provided in Section 1305b of this Code. c. Terms of Office. The terms of office shall be for four (4) years commencing on the expiration date of each office as prescribed hereinabove. d. Limitation on Consecutive Terms of Office. No person shall be eligible to serve more than two (2) consecutive four-year terms on the Public Art Commission. DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 _____________________ Ordinance No. 1534 1742496.1 1584 - COMPENSATION OF MEMBERS Members of the Public Art Commission shall receive compensation as prescribed by ordinance of the City Council from time to time. 1585 - DUTIES The Public Art Commission shall serve as an advisory body to the City Council, shall implement the City of Tustin Public Art Policy as approved, and as may be amended by the City Council. Additionally, the Public Art Commission shall perform such other duties and undertake such other responsibilities as the City Council may direct from time to time. 1586 - MEETINGS The Public Art Commission shall establish, by resolution, a regular time and place of meetings which shall not be less than once every (3) months. The Public Art Commission may meet at such other times and places as hereafter may be determined from time to time by the Commission to be necessary or convenient. All meetings shall be held in accordance with the Ralph M. Brown Act, as it may be amended. SECTION 2. Effective Date. This Ordinance shall take effect on the 31st day after its adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption of the Ordinance and cause this Ordinance to be published as required by law. SECTION 3. Severability. If any section, sub-section, clause, or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 7th day of February, 2023. ______________________________ AUSTEN LUMBARD, Mayor ___________________________ ERICA N. YASUDA, City Clerk DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305 _____________________ Ordinance No. 1534 1742496.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1534 ERICA N. YASUDA, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance 1534 was duly passed and adopted at a regular meeting of the Tustin City Council held on the 7th day of February, 2023, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ___________________________ ERICA N. YASUDA, City Clerk DocuSign Envelope ID: D571D570-2D7E-4F78-BC21-E6DF7F3D2550DocuSign Envelope ID: 1A2EB726-B254-4B6D-B0CA-5BB398CA5305