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Home My WebLink AboutCC MINUTES 04.04.23City Council April 4, 2023 Meeting Minutes Page 1 of 10 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3037 at 5:30 p.m. ROLL CALL – City Clerk Present: Mayor Lumbard, Mayor Pro Tem Letitia Clark* (arrived at 5:31 p.m.) and Council Members Ryan Gallagher, Rebecca Gomez and Ray Schnell (arrived at 5:31 p.m.) 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 convene to discuss Items 1,3 and 5 on the closed session agenda. 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) 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 DocuSign Envelope ID: FB979845-6259-4EA0-9BF9-BABD72BD9FCB City Council April 4, 2023 Meeting Minutes Page 2 of 10 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) 5. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] A. Title: City Manager Recessed at 5:31 p.m. *Mayor Pro Tem Clark participated in the closed session via teleconference after written notice of her need to participate remotely for just cause was circulated to the City Council. Mayor Pro Tem Clark kept her camera on at all times, and there was no one over 18 in the room with her while she participated in the meeting remotely. Mayor Pro Tem Clark was not present for the Regular Meeting at 7:00 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3037 at 7:01 p.m. INVOCATION – Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE – Mayor Lumbard PRESENTATION – Public Works Manager Stacey Cuevas provided a PowerPoint 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 DocuSign Envelope ID: FB979845-6259-4EA0-9BF9-BABD72BD9FCB City Council April 4, 2023 Meeting Minutes Page 3 of 10 presentation regarding Organics Recycling Program Update. PUBLIC INPUT – None CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council has taken no reportable action yet but the Council will be convening in closed session after open session to discuss Items 4 and 5 as the appear on the closed session agenda. CONSENT CALENDAR ITEMS 1-8 – Public Input – None It was moved by Council Member Gallagher and seconded by Council Member Gomez to approve the Consent Calendar as recommended by staff. Roll Call – City Clerk Motion carried: 4-0 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 MARCH 7, 2023. Motion: The City Council approved 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. Motion: The City Council approved 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 DocuSign Envelope ID: FB979845-6259-4EA0-9BF9-BABD72BD9FCB City Council April 4, 2023 Meeting Minutes Page 4 of 10 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 remain effective through June 30, 2028. Motion: The City Council approved Agreement MA-080-23010376, a Cooperative Agreement to Fund Total Maximum Daily Loads Programs and Related Activities in the Newport Bay Watershed, and authorized 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. Motion: The City Council: 1. Awarded 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 authorized the Mayor and the City Clerk to execute the contract documents on behalf of the City; and 2. Authorized the transfer of $179,000 within the Measure M2 Fund (Fund 139) from the Citywide Storm Drain Catch Basin Improvement Project, CIP No. 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. Motion: 1. Took an OPPOSE UNLESS AMENDED position on AB 480 (Ting) Surplus land 2. Took a SUPPORT position on AB 1505 (Rodriguez) Seismic retrofitting: soft story multifamily housing DocuSign Envelope ID: FB979845-6259-4EA0-9BF9-BABD72BD9FCB City Council April 4, 2023 Meeting Minutes Page 5 of 10 3. Took an OPPOSE UNLESS AMENDED position on SB 34 (Umberg) Surplus land disposal: violations: Orange County 4. Took a SUPPORT position on SB 44 (Umberg) Controlled substances 5. Took an OPPOSE UNLESS AMENDED position on SB 423 (Wiener) Streamlined housing approvals: multifamily housing developments 6. Took a SUPPORT position on SB 747 (Caballero) Land use: economic development: surplus land 7. Received and filed the updated legislative matrix as of March 24 8. Received and filed 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. Motion: 1. The City Council received and filed the 2021-2022 Certified Local Government (CLG) Annual Report and directed staff to forward the Annual Report to the State Office of Historic Preservation (OHP). 2. The City Council received and filed the 2023 HCRA Work Program. 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. Motion: Adopted 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 DocuSign Envelope ID: FB979845-6259-4EA0-9BF9-BABD72BD9FCB City Council April 4, 2023 Meeting Minutes Page 6 of 10 REGULAR BUSINESS ITEMS 9 AND 10 9. COMMUNITY DEVELOPMENT DEPARTMENT 2022 YEAR IN REVIEW Associate Planner Jorge Maldonado provided a PowerPoint presentation. 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. Public Input – None The City Council received and filed the report. 10. 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. Public Input – None It was moved by Council Member Gallagher and seconded by Council Member Gomez to: 1. Appoint the following Commission/Board candidates as recommended by Mayor Lumbard and Mayor Pro Tem Clark: • Planning Commission: Amy Mason, Tanner Douthit • 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 DocuSign Envelope ID: FB979845-6259-4EA0-9BF9-BABD72BD9FCB City Council April 4, 2023 Meeting Minutes Page 7 of 10 Roll Call – City Clerk Motion carried: 4-0 COUNCILMEMBER COMMENTS AND REPORTS Council Member Schnell No report. Council Member Gomez March 1 Attended the groundbreaking event at the Advanced Technology and Education Park (ATEP) for the South Orange County College District. March 9 • Attended the Transportation Corridor Agencies (TCA) Joint Board of Directors meeting. • Attended the Tustin Police Department’s Swearing In ceremony; congratulated the promoted Police Department staff and welcomed the newly sworn in members. • Presented Dr. Samar Aziz, Co-Founder/Executive Director for Sabil USA, with the Woman of the Year award for District 73, represented by California Assemblywoman Cottie Petrie-Norris. • March 10 • Attended Southern California Edison’s Orange County Women’s Leadership Summit event; was an opportunity to network with other local elected leaders. • Attended the Tustin Area Senior Center’s Casino Night event; reported they had a full crowd, and everyone enjoyed the evening. March 16 Attended the Clergy and Laity United for Economic Justice’s (CLUE) Architects of Justice Dinner event; honored those who exhibited a great effort to achieve justice in our community. March 25 Thanked the Tustin Police Department volunteers and the Orange County Sheriff’s Department for assisting at the Car Seat Safety Check event hosted by Assemblywoman Cottie Petrie-Norris. March 29 Attended the Tustin Student Art Invitational event; a display of Tustin student’s artwork; thanked the Tustin Area Council for Fine Arts (TACFA) for their support in the showcase. March 30 Attended the Parks and Recreation Department’s Frontier Park Mural Dedication and DocuSign Envelope ID: FB979845-6259-4EA0-9BF9-BABD72BD9FCB City Council April 4, 2023 Meeting Minutes Page 8 of 10 Ribbon Cutting Ceremony; thanked the Parks and Recreation Department and the Public Art Commission for their outstanding job and effort; thanked Marilyn Buescher, Recreation Superintendent, for organizing; thanked artist, Mike Tauber; reported the mural looks great. April 1 Attended Sabil USA’s Ramadan Dinner event; was a great opportunity to meet members of the community and hear more about their efforts. April 2 Attended the Tustin Community Foundation’s Chef’s Gourmet event; enjoyed the Tustin Police Foundation’s “Good Cop” and “Bad Cop” drinks. Council Member Gallagher Attended multiple Orange County Sanitation District (OCSD) meetings; reported the rate increase passed at the second reading and will go into effect this next fiscal year; reported the Ground Water Replenishment System (GWRS) final expansion is complete between the OCSD and Orange County Water District; reported is the world’s largest replenishment system of its kind; stated the OCSD’s General Manager will provide a presentation in the future. March 15 Attended the Economic Development Ad Hoc Committee meeting with Mayor Lumbard; discussed the South Hangar renovations. March 25 Attended the Tustin Girls Softball Mid-Season Tournament Kick Off event; had a successful first pitch for the tournament; impressed by the organization. March 30 Attended the Parks and Recreation Department’s Frontier Park Mural Dedication and Ribbon Cutting Ceremony; reported there are state-wide grant funding for the beautification of underpasses available to cities. Mayor Lumbard March 14 Gave a tour with City Manager, Matthew S. West, to the City of Orange City Manager and Council Members; discussed operations and the success of Tustin’s Temporary Homeless Shelter. March 22 Attended the Transportation Corridor Agencies (TCA) Joint Operations Committee meeting. March 23 Attended Orange County Fire Authority (OCFA) Board of Directors meeting; approved an DocuSign Envelope ID: FB979845-6259-4EA0-9BF9-BABD72BD9FCB City Council April 4, 2023 Meeting Minutes Page 9 of 10 agreement with Local 3631. March 29 • Attended the Tustin Community Foundation’s Nonprofit Interfaith meeting; reported Orange County Supervisor, Donald Wagner, gave a presentation on the County’s budget. • Participated in the Commissioner selection interviews. • Attended the Tustin Area Council for Fine Arts (TACFA) Tustin Student Art Invitational event; thanked TACFA for putting on the event. March 30 Attended the Tustin Parks and Recreation Department’s Frontier Park Mural Dedication and Ribbon Cutting Ceremony; thanked everyone involved. March 31 Held Mayoral Office Hours; welcomed Mexican Consulate General Audrey Rivera Gomez; discussed fighting fentanyl within our shared communities. April 4 • Toured the House of Ruth with Family Promise of Orange County; reported a Ribbon Cutting event is set for July 27th. • Attended a Ribbon Cutting event for Avid Bioservices celebrating their 30th Anniversary in Tustin. Reported the following upcoming events: April 8th Easter Celebration & Egg Hunt 9:00 A.M. – 12:00 P.M. Location: Tustin Sports Park April 12th Coffee with a Cop 8:30 A.M. – 10:30 A.M. Location: Tustin Senior Center April 15th Community Yard Sale 8:00 A.M. – 12:00 P.M. Location: Civic Center Parking Lot Closed Session Update – City Attorney David E. Kendig: The Council will reconvene in closed session to discuss items 4 and 5 as they appear on the closed session agenda. Recessed at 7:44 p.m. DocuSign Envelope ID: FB979845-6259-4EA0-9BF9-BABD72BD9FCB City Council April 4, 2023 Meeting Minutes Page 10 of 10 Reconvened at 8:25 p.m. Closed Session Report – City Attorney David E. Kendig: The Council took no reportable action. ADJOURNED at 8:25 p.m. 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. ___________________________ _____________________________ AUSTIN LUMBARD, ERICA N. YASUDA, Mayor City Clerk DocuSign Envelope ID: FB979845-6259-4EA0-9BF9-BABD72BD9FCB