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HomeMy WebLinkAbout00 CC AGENDA 4.4.23City Council April 4, 2023 Meeting Agenda Page 1 of 8 NOTICE REGARDING PUBLIC PARTICIPATION To watch the meeting, the public may observe the meeting in person in the Council Chamber or via the City’s Granicus service at: https://www.tustinca.org/282/Meetings-Agendas or on the local Cox Channel 851. To participate and/or comment on one or more items, do the following: 1. PARTICIPATING DURING A MEETING Community members who wish to address the City Council during a public meeting may attend the meeting in person or join through Zoom. By joining the meeting through Zoom, you will be able to speak but your video will not be enabled. Please see further instructions below. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER OR SMART DEVICE Community members may provide live public comments via Zoom during City Council meetings. To join the meeting, click here and use the passcode below. You can also join via the Zoom app on your smartphone or tablet, or in a web browser at https://zoom.us/join, by entering the Meeting ID and Passcod e below. Meeting ID: 940 8640 1921 Passcode: 600222 Please provide your name in the Zoom application to allow the City Clerk to identify you when it is your time to speak. We suggest installing and testing the Zoom software on your device prior to the commencement of the meeting. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE To join to the Zoom web conference from any phone (landline or wireless), dial 669-900-6833. CITY OF TUSTIN REGULAR APRIL 4, 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 City Council April 4, 2023 Meeting Agenda Page 2 of 8 When prompted use the below Meeting ID and Passcode: Meeting ID: 940 8640 1921 Passcode: 600222 The City Clerk will identify you by the last 4 digits of your phone when it is your time to speak. When requested by the City Clerk, call-in users can unmute and mute their phones by pressing *6. Call-in users can raise their hand by pressing *9 but may not lower their hand once raised. 2. PROVIDE WRITTEN COMMENTS THROUGH THE E-COMMENT SYSTEM 1. Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda go to https://tustin.granicusideas.com/meetings?scope=upcoming and select the agenda item. B. Follow the links to type and submit your comment(s) on one or more items: a. The items may be on the agenda or not on the agenda. b. Your comments will be forwarded electronically and immediately to the members of the City Council. c. Comments related to a particular agenda item will only be considered prior to the close of public comments on that item d. Comments on matters that are not on the agenda may be submitted only until the “Public Comment” portion of the agenda is concluded. For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the meetings for those individuals with disabilities, so the City has established a process to request a reasonable modification or accommodation consistent with the Americans with Disabilities Act (ADA). If you would like to request a modification or accommodation due to a disability, please call (714) 573-3025 as soon as is feasible, and identify the need and the requested modification or accommodation. The City’s ADA Coordinator or her designee will receive the request and communicate in response to the request. Items Distributed To The City Council Less Than 72 Hours Prior To Meeting: Pursuant to Government Code section 54957.5, non-exempt public records that relate to one or more open session agenda items and that are distributed to a majority of the City Council less than seventy-two (72) hours prior to the meeting will be available for public inspection on the electronic posting board located at 300 Centennial Way, Tustin, CA 92780. City Council April 4, 2023 Meeting Agenda Page 3 of 8 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3037 ATTENDANCE – City Clerk PUBLIC INPUT – Members of the public may provide comments in writing, in person or in real time via Zoom to address the City Council on items on the Closed Session Agenda. CLOSED SESSION UPDATE – City Attorney David E. Kendig 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): (1 case) 3. LIABILITY CLAIMS – [Government Code § 54956.95]: (4 cases) A. Claim No. 22-27, Claim of Edgar Rescalvo B. Claim No. 22-45, Claim of Paoli & Purdy, PC obo Miguel Martinez C. Claim No. 23-03, Claim of Brandon Snook D. Claim No. 23-04, Claim of Mercury Insurance OBO: Brandon Snook 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property Address/Description APN 430-481-2, 430-481-3, 430-481-4, 430-481-5 Agency City of Tustin City Negotiators Matthew S. West, City Manager & Christopher Koster, Director of Economic Development Negotiating Parties Mark Janda, Senior Vice President – Development, AvalonBay Communities Inc. and Laura Regus, Senior Vice President, Abode Communities Under Negotiation Price and Terms of Payment City Council April 4, 2023 Meeting Agenda Page 4 of 8 5. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] A. Title: City Manager REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3037 INVOCATION – Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE – Mayor Pro Tem Clark PRESENTATION – Organics Recycling Program Update PUBLIC INPUT – At this time, any member of the public may address the Council on matters which are not on this evening's agenda, provided the matter is within the subject matter jurisdiction of the City Council. CLOSED SESSION REPORT – City Attorney David E. Kendig CONSENT CALENDAR ITEMS - All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the City Clerk. (Agenda Items 1 - 8) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare 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 MARCH 7, 2023. City Council April 4, 2023 Meeting Agenda Page 5 of 8 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on March 7, 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. Recommendation: It is recommended that the City Council approve Payroll in the amount of $921,994.07 and $952,287.39 and Demands in the amount of $6,800,883.61. 4. APPROVE AGREEMENT NO. MA-080-23010376 TO FUND TOTAL MAXIMUM DAILY LOAD PROGRAMS AND RELATED ACTIVITIES IN THE NEWPORT BAY WATERSHED Agreement MA-080-23010376 provides for the joint funding of the Nutrient, Fecal Coliform, and Toxics studies in the Newport Bay Watershed pursuant to provisions of Section 303(d) of the Federal Clean Water Act and the Total Maximum Daily Load (TMDL) as adopted by the Santa Ana Regional Water Quality Control Board and the United States Environmental Protection Agency. Agreement MA-080-23010376 replaces the current Agreement MA-080-18011416 which is set to expire on June 30, 2023, and will rem ain effective through June 30, 2028. Recommendation: It is recommended that the City Council approve Agreement MA- 080-23010376, a Cooperative Agreement to Fund Total Maximum Daily Loads Programs and Related Activities in the Newport Bay Watershed, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 5. AWARD CONTRACT FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 4, CIP NO. 70022 Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Annual Roadway Rehabilitation and Sidewalk Repair Project - Zone 4, CIP No. 70022. Recommendation: It is recommended the City Council: 1. Award a construction contract to the lowest responsive/responsible bidder, Onyx Paving Company, Inc. in the amount of $4,748,000 for the Annual Roadway Rehabilitation and Sidewalk Repair Project - Zone 4, CIP No. 70022 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and 2. Authorize the transfer of $179,000 within the Measure M2 Fund (Fund 139) from the Citywide Storm Drain Catch Basin Improvement Project, CIP No. City Council April 4, 2023 Meeting Agenda Page 6 of 8 50043 to the Annual Roadway Rehabilitation and Sidewalk Repair Project - Zone 4, CIP No. 70022 to fund the repair of six (6) concrete catch basin lids within the project boundary. 6. LEGISLATIVE UPDATE Staff and the City’s consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity. Recommendation: 1. Take an OPPOSE UNLESS AMENDED position on AB 480 (Ting) Surplus land 2. Take a SUPPORT position on AB 1505 (Rodriguez) Seismic retrofitting: soft story multifamily housing 3. Take an OPPOSE UNLESS AMENDED position on SB 34 (Umberg) Surplus land disposal: violations: Orange County 4. Take a SUPPORT position on SB 44 (Umberg) Controlled substances 5. Take an OPPOSE UNLESS AMENDED position on SB 423 (Wiener) Streamlined housing approvals: multifamily housing developments 6. Take a SUPPORT position on SB 747 (Caballero) Land use: economic development: surplus land 7. Receive and file the updated legislative matrix as of March 24 8. Receive and file legislative update prepared by TPA 7. 2021-2022 CERTIFIED LOCAL GOVERNMENT (CLG) ANNUAL REPORT AND 2023 HISTORIC AND CULTURAL RESOURCES ADVISOR (HCRA) WORK PROGRAM This report provides the City Council with the required annual reports summarizing the accomplishments and actions taken by the Planning Commission, acting as the Historic and Cultural Resources Advisor, during the 2022 calendar year; a Certified Local Government (CLG) Annual Report for the October 1, 2021 through September 30, 2022 reporting period; and review of the HCRA’s 2023 annual work program. Recommendation: 1. That the City Council receive and file the 2021-2022 Certified Local Government (CLG) Annual Report and direct staff to forward the Annual Report to the State Office of Historic Preservation (OHP). 2. That the City Council receive and file the 2023 HCRA Work Program. City Council April 4, 2023 Meeting Agenda Page 7 of 8 8.EXTENDING THE TERM OF THE PROJECT POSITION OF PUBLIC WORKS MANAGER Adoption of the attached Resolution will extend the term of the project position of Public Works Manager by five (5) years. Recommendation: Adopt Resolution No. 23-13 to extend the term of the project position of Public Works Manager by five (5) years. RESOLUTION NO. 23-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE TERM OF THE PROJECT POSITION OF PUBLIC WORKS MANAGER REGULAR BUSINESS ITEMS 9 & 10 9.COMMUNITY DEVELOPMENT DEPARTMENT 2022 YEAR IN REVIEW The 2022 Year in Review summarizes Community Development Department’s programs and activities conducted from January through December 2022. The 2022 Year in Review report highlights activities under the following categories: 1.Current Planning - Industrial, commercial, mixed-use, and residential development and projects under review. 2.Advance Planning - General Plan and code amendments, historic preservation, and Community Development Block Grant activities. 3.Performance Metrics - Code Enforcement, Building Division, Planning Division and Planning Concierge Services. 4.Streamline Tustin Initiative - Seven program components. Recommendation: Receive and file. 10. 2023 COMMISSION APPOINTMENTS Council direction is needed to fill (2) two vacancies on the Planning Commission, (2) two vacancies on the Community Services Commission, (3) three vacancies on the Audit Commission, and (4) four vacancies on the Building Board of Appeals. Recommendation: That the City Council: 1.Appoint the following Commission/Board candidates as recommended by Mayor Lumbard and Mayor Pro Tem Clark: •Planning Commission: Amy Mason, Tanner Douthit City Council April 4, 2023 Meeting Agenda Page 8 of 8 • Community Services Commission: Ken Henderson, and Amy Nakamoto • Audit Commission: Dan Erickson, Adrian Henson, and Kristin Manna • Building Board of Appeals: Scoba Rhodes, John Aguilera, and Kyle Domer 2. Direct the City Clerk to advertise and solicit applications for the remaining vacancy on the Building Board of Appeals OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, April 18, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.