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Home My WebLink AboutCC MINUTES 01.17.23City Council January 17, 2023 Meeting Minutes Page 1 of 8 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. The City Clerk announced the Closed Session meeting was cancelled. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3033 at 7:00 p.m. ROLL CALL – City Clerk Present: Mayor Austin Lumbard, Mayor Pro Tem Letitia Clark and Council Members Ryan Gallagher, Rebecca Gomez and Ray Schnell Absent: None City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager INVOCATION - Deacon Bill Weeks, St. Cecilia Church PLEDGE OF ALLEGIANCE – Council Member Gallagher PUBLIC INPUT – None PRESENTATIONS – VP of Marketing and Communications, Christopher Erklenes provided a PowerPoint CITY OF TUSTIN REGULAR JANUARY 17, 2023 MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY,TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Letitia Clark, Mayor Pro Tem Ryan Gallagher, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager Rebecca Gomez, Council Member Erica N. Yasuda, City Clerk Ray Schnell, Council Member David E. Kendig, City Attorney DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1 City Council January 17, 2023 Meeting Minutes Page 2 of 8 presentation in recognition of Big Brothers Big Sisters National Mentoring Month Mayor Lumbard presented a proclamation to Retired Deputy Chief Bob Wright in honor of his years of service to the Tustin Police Department. CONSENT CALENDAR ITEMS 1-6 – Council Member Gomez requested to pull Item No. 6. Public Input – None It was moved by Council Member Gomez and seconded by Mayor Pro Tem Clark to pull Item No. 6 and approve the balance as recommended by staff. Roll Call Vote – City Clerk 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 DECEMBER 20, 2022. Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on December 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 $957,105.01 and $1,000,663.63 and Demands in the amount of $3,037,293.09. 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. DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1 City Council January 17, 2023 Meeting Minutes Page 3 of 8 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. Local health officials continue to recommend measures to promote social distancing. 5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE LEGACY ANNEX TENANT IMPROVEMENT PROJECT CIP NO. 10087 The plans and specifications for the Legacy Annex Tenant Improvement Project (CIP No. 10087) have been substantially completed pending final approval by Building and Safety and the City Engineer. Motion: The City Council: 1. Appropriated $600,000 from the General Fund (Fund 100) and authorized transfer of the funding to the Capital Improvement Fund (Fund 200); 2. Adopted Resolution No. 23-04 approving the plans and specifications for the Legacy Annex Tenant Improvement Project (CIP No. 10087); and 3. Authorized the City Clerk to advertise to receive bids; subject to the final approval by Building and Safety and the City Engineer. RESOLUTION NO. 23-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE LEGACY ANNEX IMPROVEMENT PROJECT CIP NO. 10087 AND AUTHORIZING ADVERTISEMENT FOR BIDS 6. 2023 MAYORAL APPOINTMENTS TO COMMITTEES Annually the Mayor appoints those members of the City Council who will serve on various City and Regional committees. Public Input – None It was moved by Council Member Gomez and seconded by Mayor Pro Tem Clark to remove Santa Ana / Tustin Joint Powers Agency – Transportation System Improvement Authority (TSIA) from the appointment list due to the Board no longer being active and approve the following: DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1 City Council January 17, 2023 Meeting Minutes Page 4 of 8 1. Confirm the attached appointments as recommended by the Mayor; and 2. Adopt FPPC Form 806: Agency Report of Public Official Appointments and direct staff to post on the City’s website. Roll Call Vote – City Clerk Motion carried: 5-0 PUBLIC HEARING ITEM 7 7. GENERAL PLAN AMENDMENT (GPA) 2022-0001, ZONE CHANGE (ZC) 2022- 0001, DESIGN REVIEW (DR) 2022-0004, DENSITY BONUS CONCESSION/WAIVER REQUESTS, SUBDIVISION MAP (SUB) 2022- 0002/TENTATIVE TRACT MAP (TTM) NO. 19224, DEVELOPMENT AGREEMENT (DA) 2022-0002 This project includes the demolition of two (2) existing two-story office buildings currently located on the subject property and the construction of a new, townhome residential development project that would include forty (40) three-story residential units, including two (2) affordable units, on approximately 2.07 acres site. The applicant’s requests include consideration of a general plan amendment, zone change, design review, subdivision, a density bonus request to allow one (1) Concession to allow a reduced building setback along Irvine Blvd. and one (1) Waiver for a reduction in required amount of common open space, and a development agreement. On December 13, 2022, the City of Tustin Planning Commission held a public hearing on the proposed project and adopted Resolution Nos. 4461, 4462, 4463, 4464 and 4465, recommending that the City Council approve the above- referenced requests. Public Hearing opened at 7:26 p.m. Principal Planner Raymond Barragan provided a PowerPoint presentation. Applicant Emilie Simard provided a PowerPoint presentation. Public Input – 1. Eric Higuchi 2. Patricia Facundo 3. E-comment (Annonymous) Public Hearing closed at 8:20 p.m. It was moved by Mayor Lumbard and seconded by Council Member Gallagher to: 1. Adopt Resolution No. 23-01 approving the Mitigated Negative Declaration (MND) for the project. DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1 City Council January 17, 2023 Meeting Minutes Page 5 of 8 2. Adopt Resolution No. 23-02 approving GPA 2022-0001 to amend the General Plan Land Use Designation of the subject property from Professional Office (PO) to High Density Residential (HDR). 3. Introduce and have first reading by title only of Ordinance No. 1531 approving ZC 2022-0001 to change the Zoning District of the subject property from Retail Commercial District (C1) with a Parking Overlay (P) to Multi-Family Residential (R3) to facilitate the development of forty (40), three-story residential units on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd. 4. Adopt Resolution No. 23-03 approving: • DR 2022-0004 for site layout and building design for forty (40), three-story residential units on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd.; • Density Bonus request to allow one (1) Concession to allow a reduced building setback along Irvine Blvd. and a Waiver for a reduction in required amount of common open space; and • SUB 2022-0002/TTM No. 19224 to subdivide the property for condominium purposes to construct a total of forty (40) residential units on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd. 5. Introduce and have first reading by title only of Ordinance 1532 approving DA 2022-0002 to accept the voluntary provision of community public benefits, by including two (2) affordable housing units for very-low income households, equity sharing, payment of affordable housing in-lieu fee. Roll Call – City Clerk Motion carried: 5-0 RESOLUTION NO. 23-01 A RESOLUTION OF THE CITY COUNCIL ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR A FORTY (40) UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT ON AN APPROXIMATE 2.07-ACRE SITE LOCATED AT 17802 AND 17842 IRVINE BOULEVARD RESOLUTION NO. 23-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING GENERAL PLAN AMENDMENT 2022-0001 TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM PROFESSIONAL OFFICE (PO) TO HIGH DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1 City Council January 17, 2023 Meeting Minutes Page 6 of 8 DENSITY RESIDENTIAL (HDR) FOR THE PROPERTY LOCATED AT 17802 AND 17842 IRVINE BOULEVARD RESOLUTION NO. 23-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 2022-0004, DENSITY BONUS CONCESSION AND WAIVER REQUESTS, SUBDIVISION 2022-0002/TENTATIVE TRACT MAP 19224 FOR RESIDENTIAL CONDOMINIUM PURPOSES, AUTHORIZING THE SUBDIVISION OF AN APPROXIMATE 2.07 ACRE SITE CONSISTING OF ONE (1) NUMBERED LOT OF FORTY (40) CONDOMINIUM RESIDENCES LOCATED AT 17802 AND 17842 IRVINE BOULEVARD ORDINANCE 1531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE 2022-0001, AMENDING THE ZONING DESIGNATION FROM RETAIL COMMERCIAL DISTRICT (C1) WITH A PARKING OVERLAY (P) TO MULTI-FAMILY RESIDENTIAL (R3) TO ACCOMMODATE THE CONSTRUCTION OF A 40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE BOULEVARD ORDINANCE NO.1532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2022-0002 BETWEEN THE CITY OF TUSTIN AND INTRACORP SO CAL-1, LLC TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING TWO (2) AFFORDABLE HOUSING UNITS FOR VERY-LOW INCOME HOUSEHOLDS, EQUITY SHARING, AND PAYMENT OF AN AFFORDABLE HOUSING IN-LIEU FEE AND FOR A 40- UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE BOULEVARD REGULAR BUSINESS ITEM 8 8. 2023 COMMISSION VACANCIES Due to term expirations and vacancies, staff is requesting that the City Council provide direction on the preferred process to fill upcoming vacancies on the Planning, Audit, and Community Services Commissions and the Building Board of Appeals. Public Input – None It was moved by Council Member Gomez and seconded by Mayor Lumbard to direct the City Clerk to solicit applications for all upcoming vacancies and invite incumbents to reapply. Roll Call Vote – City Clerk Motion carried: 5-0 DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1 City Council January 17, 2023 Meeting Minutes Page 7 of 8 COUNCILMEMBER COMMENTS AND REPORTS Council Member Schnell No report. Council Member Gomez January 12 • Attended the Latino Health Leadership meeting. • Attended the Senior Advisory Board meeting; reported the following updates: o The Senior Center was closed from December 23, 2022 through January 2, 2023; o The Board has worked on a mission statement that will be shared with the larger senior group members; o In November 850 congregate meals were served with 760 served in December; o Birthday luncheons will be held on the last Tuesday of each month; o Sweetheart Ball will be held on the evening of February 8, 2023; o The Sweetheart Luncheon, which is supported by the Tustin Santa Ana Rotary Club, will be on February 9, 2023; the event is free, but please register for the event; o The Senior Center will have a group participating in the Paper Football Challenge on February 11, 2023; o Tax-Aide will be available, on Tuesday mornings, from mid-February to April 11, 2023; o The following are upcoming excursions: Los Angeles Music Center on January 23, 2023, and the Ronald Reagan Presidential Library on February 5, 2023; please call the Senior Center for event details. • Orange County Vector and Mosquito Control Board meeting approved to continue meetings with remote options in accordance with AB 361. Congratulated incoming Second District Supervisor Vicente Sarmiento - Orange County, who will now be representing Tustin. Council Member Gallagher Reported City staff has been working with a consultant to evaluate the Downtown Commercial Core Plan for affordable housing opportunities; announced this will be presented to the Council in the coming months. Encouraged Council Member Schnell to meet with the Orange County Sanitation District (OCSD) leadership and take a tour of the facility; reported this is a great way to get up to speed with OCSD as an incoming board member. Updated the City Council that he would like to setup the Local Redevelopment Authority (LRA) meeting on a yearly basis in order to keep the momentum in the Tustin Legacy area; DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1 City Council January 17, 2023 Meeting Minutes Page 8 of 8 stated this will be an opportunity to receive input and for the city partners to prepare for the upcoming meeting. Mayor Pro Tem Clark Requested to receive a list of when commissioners were appointed without an ad hoc committee. January 16 Participated as a speaker for the Martin Luther King Jr. Day Celebration at Santa Ana College; was a great event; reported long time civil rights advocate, Dr. James Lawson spoke about his time marching with Dr. Martin Luther King Jr. and why we celebrate his birthday; thanked all who came to the event. Mayor Lumbard January 5 Attended the Transportation Corridor Agencies (TCA) Special Board of Directors meeting; extended the virtual meeting options in accordance with AB 361. January 11 Attended the Orange County Fire Authority (OCFA) Budget and Finance Committee meeting. January 12 • Attended the Orange County Fire Authority (OCFA) Special Board meeting; extended the virtual meeting options in accordance with AB 361. • Attended the Transportation Corridor Agencies (TCA) Joint Board of Directors meeting; approved buying up to 100 million dollars in bonds back earlier in order to save 100 million dollars over time in interest payments. ADJOURNED at 8:48 p.m. The next meeting is scheduled on Tuesday, February 7, 2023 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 DocuSign Envelope ID: 57B6E4AC-2AB2-448E-92AA-5F78923174F1