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Home My WebLink AboutCC MINUTES 06.06.23City Council June 6, 2023 Meeting Minutes Page 1 of 12 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 p.m. CALL TO ORDER – #3040 at 5:32 p.m. ROLL CALL – City Clerk Present: Mayor Austin Lumbard, Mayor Pro Tem Letitia Clark (arrived at 5:45 p.m.) and Council Members Ryan Gallagher and Rebecca Gomez Absent: Council Member Ray Schnell 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, 4 and 5 as they appear on the Closed Session agenda, including conference with its labor negotiators Derick Yasuda and Peter Brown. 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): (2 cases) CITY OF TUSTIN REGULAR JUNE 6, 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: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 City Council June 6, 2023 Meeting Minutes Page 2 of 12 3. LIABILITY CLAIMS – Government Code § 54956.95: (4 cases) A. Claim No. 23-09, Claim of Koleen Daphne Winsborough B. Claim No. 23-14, Claim of Socorro Mateus C. Claim No. 23-18, Claim of Mercury Insurance OBO Steven Fletcher D. Claim No. 23-19, Claim of Ali Rastavan 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) 5. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] A. Title: City Manager Recessed at 5:33 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3040 at 7:02 p.m. INVOCATION - Pastor Michael Throng, Mariners Church PLEDGE OF ALLEGIANCE - Council Member Gomez PRESENTATION – Mayor Lumbard presented a tribute to the Honorable Dr. Allan Bernstein. Orange County LAFCO Chair Doug Davert presented a proclamation recognizing the Honorable Dr. Allan Bernstein. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 City Council June 6, 2023 Meeting Minutes Page 3 of 12 PUBLIC INPUT – 1. John Garay CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council unanimously denied Claims 23-09, 23-14, 23-18 and 23-19. The Council will convene in closed session after the conclusion of open session to discuss Item 5 as it appears on the agenda. CONSENT CALENDAR ITEMS 1-8 – Public Input – None It was moved by Mayor Pro Tem Clark 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 MAY 2, 2023, SPECIAL MEETING OF THE CITY COUNCIL HELD ON MAY 16, 2023, AND SPECIAL MEETING OF THE CITY COUNCIL HELD ON MAY 23, 2023. Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on May 2, 2023, Special Meeting of the City Council held on May 16, 2023 and Special Meeting of the City Council held on May 23, 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 $1,907,038.20 and Demands in the amount of $6,293,383.67. 4. APPROVE AMENDMENT NO. 5 TO AN AGREEMENT FOR BUS SHELTER ADVERTISING AND MAINTENANCE WITH CLEAR CHANNEL OUTDOOR, INC. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 City Council June 6, 2023 Meeting Minutes Page 4 of 12 Clear Channel Outdoor maintains all bus shelters and concrete bus benches in the City pursuant to an Agreement that generates revenue for the City. Staff is requesting that the City Council approve the renewal of the Agreement for two (2) years with an option for two (2) additional two-year extensions. Motion: The City Council approved Amendment No. 5 to the Agreement with Clear Channel Outdoor, Inc. extending the contract for a period of two years with an option for two (2) additional two-year extensions and authorized the Mayor and City Clerk to execute the contract documents. 5. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING MARCH 31, 2023 Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Motion: Received and filed. 6. ADOPT RESOLUTION NO. 23-22 APPROVING PROJECT LIST TO BE SUBMITTED TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR SB1 FUNDING FOR FISCAL YEAR 2023/24 In order to be eligible to receive new funding under Senate Bill 1 (SB1), the City is required to submit a Project List to the California Transportation Commission (CTC) no later than July 1, 2023. Motion: The City Council: 1. Adopted Resolution No. 23-22 identifying projects to be submitted to the California Transportation Commission for SB 1 funding; and 2. Directed staff to submit the Project List to the California Transportation Commission on behalf of the City. RESOLUTION NO. 23-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 7. ADOPT RESOLUTION NO. 23-28 FOR AUTHORIZATION TO ENTER A PURCHASE ORDER WITH THE COUNTY OF ORANGE CONTRACTORS FOR A JOINT PROJECT WITH COUNTY OF ORANGE FOR ROADWAY MAINTENANCE WITHIN SHARED BOUNDARY AREAS, AND APPROVE A SUPPLEMENTAL DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 City Council June 6, 2023 Meeting Minutes Page 5 of 12 APPROPRIATION OF $125,000 FROM THE UNAPPROPRIATED RESERVES OF THE GAS TAX FUND (FUND 130) Staff is requesting authorization to enter into a purchase order agreement with the Orange County Public Works (OCPW) contractor, for Annual Maintenance of street rehabilitation located at the shared boundaries of the County of Orange and the City of Tustin. OCPW is taking the lead for the project and the joint work is aligned and coordinated with the annual maintenance plans for both jurisdictions. The jurisdictions will work together to provide a cohesive rehabilitation project for the residents within the shared boundary areas. Motion: The City Council: 1. Adopted Resolution No. 23-28 authorizing the use of Ordinance No. 1438, Section 1625 exceptions to purchasing procedure, Part C to utilize the County of Orange Cooperative Purchasing Program to more efficiently acquire construction services for reimbursement of the City's proportionately shared work on the County of Orange Public Work's Annual Major Maintenance Project titled Northwest Tustin (South of 17th Street) with Newport Avenue, Job Order Contract (JOC) 2022-23; 2. Approved a supplemental appropriation of $125,000 from the unappropriated reserves of the Gas Tax Fund (Fund 130) for the City's proportional share of work; and 3. Awarded and authorized the Mayor and the City Clerk to execute the contract documents on behalf of the City pursuant to JOC 2022-23, consistent with the County's JOC Master Agreement for Pavement Maintenance. RESOLUTION NO. 23-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE COUNTY OF ORANGE TO PURCHASE CERTAIN ITEMS 8. AUTHORIZATION TO PURCHASE VARIABLE FREQUENCY DRIVE FOR PASADENA WELL Staff is requesting authorization of the purchase, installation and warranty for the replacement variable frequency drive (VFD) for Pasadena Well. Motion: The City Council: 1. Adopted Resolution No. 23-31 authorizing the use of OMNIA Partners; Contract# EV2370 with Graybar Electric Company, Inc. for the purchase, installation and warranty for the VFD in the amount not to exceed $160,000; DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 City Council June 6, 2023 Meeting Minutes Page 6 of 12 2. Appropriated $60,000 from the Water Capital Fund (Fund 301) for this project; and 3. Authorized the Mayor and the City Clerk to execute the contract documents on behalf of the City. RESOLUTION NO. 23-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES TO PURCHASE CERTAIN ITEMS PUBLIC HEARING ITEMS 9-10 9. CODE AMENDMENT 2023-0003 (ORDINANCE NO. 1535) – DENSITY BONUS ORDINANCE AND ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS ORDINANCE UPDATES (INTRODUCTION AND FIRST READING) Public Hearing opened at 7:29 p.m. Director of Community Development, Justina Willkom, provided a PowerPoint presentation. Code Amendment (CA) 2023-0003 is a City-initiated request to amend Chapter 1 (Incentives for the Development of Affordable Housing) of Article 9 (Land Use) to bring the Tustin City Code (TCC) into conformance with current State Density Bonus Law (Government Code Section 65915-65918). CA 2023-0003 also amends TCC Sections 9279 and 9297 relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with newly amended State Law, such as Assembly Bills (AB) 2221 and 897 and Senate Bill (SB) 887, and to ensure they are in compliance with the City’s 2021-2029 Housing Element, as directed by AB 671 (2019). On April 25, 2023, the Planning Commission adopted Resolution 4469 (Attachment A), recommending that the City Council adopt Ordinance No. 1535, approving, CA 2023-0003. The Planning Commission Minutes from April 25, 2023, are provided as Attachment B for additional reference. Public Input – None Public Hearing Closed at 7:42 p.m. It was moved by Council Member Gomez and seconded by Mayor Pro Tem Clark to introduce and have a first reading, by title only, of Ordinance No. 1535, amending TCC Sections 9112 and 9121(a), adding TCC Section 9126 relating to incentives for the development of affordable housing, amending TCC Sections 9279 and 9297 DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 City Council June 6, 2023 Meeting Minutes Page 7 of 12 relating to ADUs and JADUs, and set the second reading for the next regularly scheduled City Council meeting. Roll Call – City Clerk Motion carried: 4-0 ORDINANCE NO. 1535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE (TCC) SECTIONS 9112 AND 9121(a), AND ADDING TCC SECTION 9126 RELATING TO INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, AND AMENDING TCC SECTIONS 9279 AND 9297 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS (CODE AMENDMENT 2023-0003) 10. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2023-2024 Public Hearing opened at 7:45 p.m. Mayor Pro Tem Clark and Council Member Gomez recused themselves due to a potential conflict in real property interest. Due to a lack of quorum, Mayor Pro Tem Clark and Council Member Gomez drew sticks to determine who will remain at the dais to participate in the discussion. Mayor Pro Tem Clark drew the longest stick; therefore she exited the Council Chamber during the discussion and Council Member Gomez remained to participate in the discussion. The Tustin Landscape and Lighting District Engineer's Report was completed and approved by the City Council at their May 2, 2023 meeting. At that meeting, the City Council declared its intention to levy annual assessments and set a public hearing for June 6, 2023. In order to levy the annual assessments, the City Council is required to conduct a public hearing and, provided there is no majority protest, adopt Resolution No. 23-29 confirming the annual assessments for Fiscal Year 2023-2024. Public Input – None Public Hearing closed at 7:46 p.m. It was moved by Mayor Lumbard and seconded by Council Member Gallagher to adopt Resolution No. 23-29 confirming the annual assessments for Fiscal Year 2023- 2024. Roll Call – City Clerk Motion carried: 3-0 DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 City Council June 6, 2023 Meeting Minutes Page 8 of 12 RESOLUTION NO. 23-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2023-2024 Mayor Pro Tem Clark returned to the dais. REGULAR BUSINESS ITEM 11 11. ADOPT RESOLUTION 23-26 APPROVING THE PREFERENTIAL PERMIT PARKING PROGRAM POLICIES AND PROCEDURES AND PERMIT PARKING DISTRICT 1 AND ESTABLISHING CITY-WIDE PREFERENTIAL PERMIT PARKING FEES Julie Dixon, Dixon Resources Unlimited, provided a PowerPoint presentation. The Public Works Department and Dixon Resources Unlimited (DIXON) have prepared the Tustin Preferential Permit Parking Program Policies and Procedures to function as a resource, providing clarification and guidelines for the Permit Program to ensure consistent, policy-driven implementation in Tustin's residential neighborhoods. Public Works staff and Dixon are also seeking approval of Parking District 1 to initiate the program. Parking District 1 is bounded by Sycamore Avenue to the north, School Lane to the east, the Santa Ana-Santa Fe Flood Control Channel to the south, and SR-55 Freeway to the west. Public Input – 1. Andres Torres 2. Irene Bahena 3. Hilda Quinonez 4. John Garay It was moved by Mayor Lumbard and seconded by Council Member Gallagher to adopt Resolution 23-26 approving the Tustin Preferential Permit Parking Program Policies and Procedures and establishing city-wide preferential permit parking fees and authorize staff to implement. Roll Call - City Clerk Motion carried: 4-0 RESOLUTION NO. 23-26 A RESOLUTION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PREFERENTIAL PERMIT PARKING PROGRAM POLICIES AND PROCEDURES DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 City Council June 6, 2023 Meeting Minutes Page 9 of 12 AND PERMIT PARKING DISTRICT 1 AND ESTABLISHING CITY-WIDE PREFERENTIAL PERMIT PARKING FEES COUNCILMEMBER COMMENTS AND REPORTS City Manager Matthew S. West Shared that in 2020, the Tustin community benefited from Dr. Allan Bernstein serving as the Mayor of Tustin; Dr. Bernstein was a very inquisitive man; 2020 was a year filled with many obstacles with the Chatham Apartment Complex Fire, Governor Gavin Newsom’s Stay at Home Order to slow the spread of COVID-19, protests and civil unrest, two wildfires and evacuations; really enjoyed working with Dr. Bernstein, especially during that time; Dr. Bernstein quietly battled cancer for sixteen years which was never a conversation; conversations with Dr. Allan Bernstein were always about what was best for the Tustin community; will miss the conversations with him. City Attorney David E. Kendig Shared he will also miss the long conversations with Dr. Allan Bernstein. Council Member Gomez May 4 Attended the Senior Advisory Board meeting, the following items were discussed: • Elected new Board members. • Reviewed the success of recent events, such as Casino Night and the Community Yard Sale. • Reviewed and approved the Senior Advisory Board Mission Statement: “To advocate and promote active and independent lifestyles through quality programs and services”. Announced on May 1st -5th, the Senior Center hosted a Health and Fitness Week event, free classes and seminars were held; on May 12th the Senior Center hosted the Mother’s Day Lunch and will host the Father’s Day Lunch on June 16th; please contact the Senior Center for more information on upcoming events. May 5 • Attended the Cinco de Mayo event at Frontier Park; thanked the Parks and Recreation staff for hosting a successful, well-attended event. • Attended the Tustin Unified School District’s Teacher of the Year Dinner; was a great way to celebrate the teachers and to recognize the Teacher of the Year for each school; congratulated Chelsea Dehn of Foothill High School, Vivian Chang of Red Hill Elementary School, and Colleen Driscoll of Utt Middle School for being recognized as Tustin Unified School District (TUSD) Teachers of the Year. May 6 DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 City Council June 6, 2023 Meeting Minutes Page 10 of 12 • Attended the Asian American and Pacific Island Heritage Recognition hosted by Senator Dave Min. • Attended the Great American Write-In to send letters of support to legislators on a variety of issues; many local organizations were present to help educate the public on the issues. May 10 • Attended the Budget Workshop for the Orange County Mosquito and Vector Control District. • Visited the Family Promise site to get an overview of the program and progress. • Attended the Latino Health Leadership Council. May 12 Attended the Goddard School Groundbreaking on the ATEP campus, along with Council colleagues, to bring more childcare opportunities to Tustin families. May 18 Participated in the Columbus Tustin Middle School Interview Day. May 20 Participated in the Young Senators Panel Discussion; Senator Tom Umberg hosts high school students in a mini academy over several weeks to generate interest in public service. May 21 Volunteered at the Sabil USA Food Distribution. May 24 Attended the Tustin Public Works Open House; was a great event and hope to get more public participation in the future. May 25 Attended the Library Advisory Board Meeting; discussed the budget for the upcoming year and program updates; announced there are many activities this summer at the Tustin Library, please visit www.OCPL.org for more information on any of these programs. May 29 Attended the Tustin Memorial Day Remembrance Ceremony, along with Council colleagues, to recognize service members. May 31 Attended a luncheon with featured speaker Betty Yee, who is running for Governor. June 4 Attended the Tustin Street Fair and Chili Cook-Off event; was a very well-organized event; received many positive comments about the layout and crowd control; congratulated the Parks and Recreation Department for a great event. DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 City Council June 6, 2023 Meeting Minutes Page 11 of 12 Council Member Gallagher May 24 Attended the Tustin Public Works Open House; congratulated Douglas S. Stack, Director of Public Works, and the Public Works Department for hosting a successful Open House; was impressed and inspired with the event; was very efficient how it aligned with the Tustin Citizen Academy. May 31 Attended the Tustin Citizen Academy at the Orange County Fire Authority (OCFA) Headquarters; very impressed with the program; very encouraged to see the participants volunteering their time to be more involved with what’s going on in the city. June 4 Attended the Tustin Street Fair and Chili Cook-Off event; congratulated Chad Clanton, Director of Parks and Recreation, and the Parks and Recreation staff for a great event; felt very safe with the Tustin Police presence. Attended many Orange County Sanitation District meetings. Mayor Pro Tem Clark Congratulated Tustin employees for all their hard work; there are a lot of programs and events which will be occurring during the summer. May 29 Attended the Tustin Memorial Day Remembrance Ceremony. June 4 Attended the Tustin Street Fair and Chili Cook-Off event. Shared she was unable to attend the memorial service for Dr. Allan Bernstein; they were unexpected friends; served as his Mayor Pro Tem; he was very inquisitive and genuinely wanted to know why people felt the way they did on issues; Dr. Bernstein made things exciting; he was very passionate about city government and service; it is clear the Tustin community felt his presence; appreciated everything he gave to the City of Tustin. Mayor Lumbard May 24 • Attended the Tustin Public Works Open House; thanked Douglas S. Stack, Director of Public Works, for making it happen. • Attended two Transportation Corridor Agencies (TCA) meetings. o Joint Capital Programs and Projects Committee Meeting; and o Joint Operations and Finance Committee Meeting DocuSign Envelope ID: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0 City Council June 6, 2023 Meeting Minutes Page 12 of 12 o Discussed through a program of bond refunding, early paydowns and buybacks, the agency is saving 1.3 billion dollars in debt; the goal by 2030 is to pay down another 980 million dollars in bonds which will reduce the debt by 3.1 billion dollars by 2030, which is a huge accomplishment. May 29 Attended the Tustin Memorial Day Remembrance Ceremony; thanked Assemblywoman Cottie Petrie-Norris, and Council colleagues, for attending the event; shared his family had two Veterans Memorial Pavers installed, one for his grandfather Navy Lt. Donald E. Gash, and one for his wife’s grandfather, Army Sgt. Aubrey R. Chandlee, at the Veterans Memorial at Veterans Sports Park; thanked Garrison De Vine, Recreation Coordinator, for organizing the event. May 31 • Attended the Tustin Community Foundation’s Non-Profit and Interfaith Council meeting. • Attended the Tustin Citizen Academy at the Orange County Fire Authority (OCFA) Headquarters; thanked OCFA for hosting the class. June 4 Attended the Tustin Street Fair and Chili Cook-Off event; congratulated city staff on another fantastic event; arrived at 6:00 a.m. with the Tustin High School basketball team to assist with the set-up for the day. Recessed at 8:48 p.m. Reconvened at 9:19 p.m. CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council took no reportable action. ADJOURN ED IN MEMORY OF THE HONORABLE DR. ALLAN BERNSTEIN ADJOURNED at 9:20 p.m. The next meeting is scheduled on Tuesday, June 20, 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: 0070CFCA-4D90-4C8A-B7BC-449B858DF2B0