HomeMy WebLinkAboutCC MINUTES 02.07.23City Council February 7, 2023
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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
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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.
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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:
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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)
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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
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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.
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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:
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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
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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.
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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 6th 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 Services Commissioners
for all their hard work.
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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.
___________________________ _____________________________
LETITIA CLARK, ERICA N. YASUDA,
Mayor Pro Tem City Clerk
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