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Home My WebLink About02 CC MINUTES 2.7.23City Council February 7, 2023 Meeting Minutes Page 1 of 11 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3034 at 5:30 p.m. ROLL CALL – City Clerk Present: Mayor Austin Lumbard, Mayor Pro Tem Letitia Clark (via Zoom) 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 PUBLIC INPUT – None CLOSED SESSION UPDATE – City Attorney David E. Kendig: The Council will discuss Items 3 and 4 as they appear on the agenda including conference with its labor negotiators Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore. 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): (1 case) CITY OF TUSTIN REGULAR FEBRUARY 7, 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 Agenda Item 2 Reviewed: City Manager ______ Finance Director N/A DocuSign Envelope ID: FAB227FB-44B1-423E-A891-5F993A47E6D2 City Council February 7, 2023 Meeting Minutes Page 2 of 11 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) 3. LIABILITY CLAIMS – Government Code § 54956.95: (1 case) A. Claim No. 22-47, Claim of Kyle Wong 4. LABOR NEGOTIATIONS – [Government Code § 54957.6] Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Police Support Services Management Association (TPSSMA) Employee Organization: Tustin Police Support Service Association (TPSSA) Recessed to Closed Session at 5:31 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3034 at 7:09 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion PUBLIC INPUT – 1. Clarissa Serpas, Southern California Gas Company PRESENTATIONS – Mayor Pro Tem Clark presented a Proclamation in honor of Black History Month. CLOSED SESSION REPORT – City Attorney David E. Kendig: City Council unanimously denied Claim No. 22-47, Claim of Kyle Wong. Other than that, there was no reportable action. DocuSign Envelope ID: FAB227FB-44B1-423E-A891-5F993A47E6D2 City Council February 7, 2023 Meeting Minutes Page 3 of 11 CONSENT CALENDAR ITEMS 1-12 Public Input – None Mayor Lumbard pulled Item No. 8. Council Member Gomez requested to pull Item No. 11. It was moved by Council Member Gomez and seconded by Council Member Gallagher to pull Item Nos. 8 and 11 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: That 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 JANUARY 17, 2023. Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on January 17, 2023. 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 $936,173.21 and Demands in the amount of $7,907,285.91. 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: DocuSign Envelope ID: FAB227FB-44B1-423E-A891-5F993A47E6D2 City Council February 7, 2023 Meeting Minutes Page 4 of 11 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. TUSTIN LEGACY DISPOSITION PARCEL 6B CERTIFICATE OF COMPLIANCE AND TERMINATION OF PUBLIC ACCESS COVENANT AND DECLARATION OF EASEMENT Request for authorization to execute the Certificate of Compliance (Certificate) and the Termination of Public Access Covenant and Declaration of Easement (Termination) for Tustin Legacy Disposition Parcel 6B (Levity at Tustin Legacy). Motion: Authorized the City Manager to execute the Certificate and Termination, subject to any non-substantive modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney. 6. ADOPTION OF THE 2023 INVESTMENT POLICY The City's Investment Policy is reviewed on an annual basis for submission and approval by the City Council. The Audit Commission reviewed the proposed changes to the Investment Policy at the December 15, 2022 and January 12, 2023 meetings and recommends that the City Council adopt the Investment Policy for Calendar Year 2023. Motion: The City Council adopted the City's Investment Policy for Calendar Year 2023, which includes proposed changes to the Investment Policy that continues to provide for safety and liquidity while achieving a reasonable rate of return. 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT ~ ZONE 4, CIP NO. 70022 The plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project for Zone 4 (CIP No. 70022) have been prepared and the project is now ready for bid. Motion: The City Council: 1. Adopted Resolution No. 23-06 approving the plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project ~ Zone 4, (CIP No. 70022), and authorized the City Clerk to advertise to receive bids; and 2. Appropriated $2,600,000 from the Measure M2 Fund (Fund139) and $865,000 from the Gas Tax Fund (Fund130) for sidewalk and roadway repairs and $1,700,000 from the General Fund - Capital Improvement Program (Fund 200) DocuSign Envelope ID: FAB227FB-44B1-423E-A891-5F993A47E6D2 City Council February 7, 2023 Meeting Minutes Page 5 of 11 for roadway repairs to meet the City's Measure M2 Maintenance of Effort (MOE) obligation. RESOLUTION NO. 23-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 4, CIP NO. 70022 AND AUTHORIZING ADVERTISEMENT FOR BIDS 8. ADOPT RESOLUTION NO. 23-05 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023-2024 State law requires an engineering analysis each year to identify property benefits and to levy assessments in the Tustin Landscape and Lighting District. Resolution No. 23-05 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2023 -2024. Mayor Pro Tem Clark, Council Member Gomez and Council Member Schnell recused themselves due to a potential conflict in real property interest. Due to a lack of quorum, Mayor Tem Clark, Council Member Gomez and Council Member Schnell drew three sticks to determine who will remain at the dais to participate in the discussion. Mayor Pro Tem Clark and Council Member Schnell drew the longest sticks; therefore they exited the Council Chamber during the discussion and Council Member Gomez remained to participate in the discussion. It was moved by Mayor Lumbard and seconded by Council Member Gallagher that the City Council adopt Resolution No. 23-05 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District levy of Annual Assessments for Fiscal Year 2023-2024. Roll Call Vote – City Clerk Motion carried: 3-0-2 (Mayor Pro Tem Clark and Council Member Schnell abstained) RESOLUTION NO. 23-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023-2024 Mayor Pro Tem Clark returned to the dais virtually and Council Member Schnell returned to the dais. 9. APPROVE ATTACHMENT AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY DocuSign Envelope ID: FAB227FB-44B1-423E-A891-5F993A47E6D2 City Council February 7, 2023 Meeting Minutes Page 6 of 11 The Southern California Gas Company (Gas Company) has been deploying advanced metering technology throughout their service area. As part of this deployment, the Gas Company is requesting authorization to attach a metering device to a City owned street light pole. Motion: The City Council approved the Attachment Agreement with the Southern California Gas Company and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. 10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1531 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 Adoption of Ordinance No. 1531 approves Zone Change 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. Motion: The City Council had the second reading by title only and adopted Ordinance No. 1531. ORDINANCE NO. 1531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA 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 11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1532 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 Adoption of Ordinance No. 1532 approving Development Agreement 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. DocuSign Envelope ID: FAB227FB-44B1-423E-A891-5F993A47E6D2 City Council February 7, 2023 Meeting Minutes Page 7 of 11 It was moved by Council Member Gomez and seconded by Mayor Lumbard to have second reading by title only and adopt Ordinance No. 1532. Roll Call Vote – City Clerk Motion carried: 5-0 ORDINANCE NO. 1532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA 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 12. APPOINTMENT OF CITY TREASURER The City Council temporarily appointed the City Manager as City Treasurer until the Director of Finance position was filled. Now that the City has a new Director of Finance, staff recommends that the City Council appoint this individual as City Treasurer. Motion: The City Council appointed new Director of Finance, Jennifer King, as the City Treasurer, effective February 8, 2023. REGULAR BUSINESS ITEMS 13-14 13. PUBLIC ART POLICY UPDATES AND PROPOSED ORDINANCE FOR PUBLIC ART COMMISSION 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. Mayor Lumbard noted the following for the record: Revised Ordinance No. 1534 was circulated to the Council, a printed version is available at the meeting for the public's review, and available on the City’s website. Chad Clanton, Director of Parks and Recreation Department provided a PowerPoint presentation. Public Input – None It was moved by Mayor Pro Tem Clark and seconded by Mayor Lumbard to: DocuSign Envelope ID: FAB227FB-44B1-423E-A891-5F993A47E6D2 City Council February 7, 2023 Meeting Minutes Page 8 of 11 1. Approve updates to the Public Art Policy. 2. Conduct first reading by title only of revised 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. Roll Call – City Clerk Motion carried: 5-0 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 14. LEGISLATIVE UPDATE Recap of 2022 Legislative activities by the City’s advocacy consultant Townsend Public Affairs (TPA), consideration of 2023 Legislative Platform and updates on legislative activity at the state and federal level. Kenneth Piguee, Senior Management Analyst and Eric O’Donnell, Townsend Public Affairs, provided a PowerPoint presentation. Public Input – 1. John Garay It was moved by Mayor Lumbard and seconded by Council Member Gomez to: 1. Receive presentation on 2022 Legislative recap by TPA 2. Adopt 2023 Legislative Platform 3. Receive and file legislative update prepared by TPA Roll Call – City Clerk Motion carried: 5-0 DocuSign Envelope ID: FAB227FB-44B1-423E-A891-5F993A47E6D2 City Council February 7, 2023 Meeting Minutes Page 9 of 11 COUNCILMEMBER COMMENTS AND REPORTS City Manager Matthew S. West Congratulated new Director of Finance and City Treasurer, Jennifer King; thanked her for her service as interim Acting Director of Finance during the recruitment process; is confident in her abilities to lead the Finance Department. Council Member Schnell Visited with the Director of Parks and Recreation Services, Chad Clanton; was updated on the upcoming and daily activities in the Parks and Recreation Department. Visited with the Director of Economic Development, Christopher Koster, and his department; was updated on the plans for areas in Tustin, specifically the Tustin Legacy area. February 1-3 Attended the League of California Cities’ New Mayors and Council Members Academy; was a very informative conference; was proud to represent the City of Tustin. Attended the following Ribbon Cutting Ceremonies: • February 6 Nurturing Connections Counseling of Orange County; is a marriage and family counseling business off Irvine Boulevard; • February 7 Help You Sleep; is a treatment and diagnostic center for sleep disorders. Stated as a council member he finds it important to thank and welcome the incoming businesses to the city; their business helps support the Tustin community. Council Member Gomez Congratulated the new Director of Finance and City Treasurer, Jennifer King. February 5 Attended the Parks and Recreation Department’s Frontier Park Community Mural Installation event; thanked all the volunteers and commissioners for their time , effort, and hard work on the project; thanked and appreciated the community members for participating in the project; reported many of the tiles have stories that represent the surrounding community members; this project shows the spirit of the Tustin community. Council Member Gallagher Congratulated and welcomed the new incoming Director of Finance and City Treasurer, Jennifer King. DocuSign Envelope ID: FAB227FB-44B1-423E-A891-5F993A47E6D2 City Council February 7, 2023 Meeting Minutes Page 10 of 11 Attended multiple Orange County Sanitation District (OCSD) meetings; reported Proposition 218 notification will be arriving in the mail regarding rate increases; stated is a reasonable rate increase that keeps OCSD competitive with its neighboring agencies and is in line with inflation; reported OCSD’s new General Manager, Rob Thompson, will be starting on February 10, 2023; is excited to have a resident of Tustin leading the agency. Met with the Ad Hoc Committee for Economic Development; was a great meeting; staff did a great job bringing the whole team together. Mayor Pro Tem Clark Thanked the Tustin Community Foundation for hosting the Tustin Mayors Celebration fundraiser event; was a great event; reported many community members, nonprofits and businesses were in attendance. Reported will be attending the Boys and Girls Clubs of Tustin 6 th Annual Ladies Night Out event on Wednesday, February 8, 2023, to honor Erin Nielsen of the Tustin Community Foundation for being this year’s You Go Girl award recipient. Mayor Lumbard January 20 Held monthly Mayoral office hours; had great conversations with community members. January 25 • Attended the Tustin Community Foundation bi-monthly nonprofit and inner faith forum. • Attended the Transportation Corridor Agencies (TCA) Joint Capital Programs and Projects Committee meeting. February 2 Attended the Tustin Community Foundation’s Tustin Mayors Celebration fundraiser event; reported eleven mayors were in attendance, including former mayors: Dr. Allan Bernstein, Letitia Clark, Don Saltarelli, Tracy Worley, Jeffrey Thomas and many others that have shaped the City today; thanked all the former mayors, council members, volunteers, and staff members that keep pushing Tustin in the right direction; is proud to serve the City of Tustin as Mayor; thanked the Tustin Community Foundation volunteers, Erin Nielsen, and Council Member Gallagher’s wife, who emceed the event. February 5 Attended the Parks and Recreation Department’s Frontier Park Community Mural Installation event; thanked Parks and Recreation Superintendent, Marilyn Buescher, for allowing his children to be a part of the project; reported this project is impacting the surrounding community in a positive way; thanked the Community Service s Commissioners for all their hard work. DocuSign Envelope ID: FAB227FB-44B1-423E-A891-5F993A47E6D2 City Council February 7, 2023 Meeting Minutes Page 11 of 11 Announced the following upcoming event: February 9th Sweetheart Luncheon 12:00 P.M. – 1:00 P.M. Location: Tustin Senior Center Wished everyone a Happy Valentine’s Day. ADJOURNED at 8:16 p.m. The next meeting is scheduled on Tuesday, February 21, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. DocuSign Envelope ID: FAB227FB-44B1-423E-A891-5F993A47E6D2