HomeMy WebLinkAbout00 CC AGENDA 11.15.22City Council November 15, 2022
Meeting Agenda Page 1 of 12
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CITY OF TUSTIN REGULAR NOVEMBER 15, 2022
MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY,TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager
Ryan Gallagher, Council Member Erica N. Yasuda, City Clerk
Rebecca Gomez, Council Member David E. Kendig, City Attorney
City Council November 15, 2022
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Meeting ID: 940 8640 1921
Passcode: 600222
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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
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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 November 15, 2022
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CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER – #3030
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): (1 case)
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]: (7 cases)
A. Claim of Veronica Gonzales, Claim Number 22-28
B. Claim of Catherine Leal, Claim Number 22-43
C. Claim of Luz Maia Rodriguez, Claim No. 22-37
D. Claim of Nelie Diaz Aquilina, Claim No. 22-39
E. Claim of Zaid Ahmed Khan, Claim No. 22-40
F. Claim of Ali Ashraf Elmashat, Claim No. 22-41
G. Claim of Belal Ashraf Ibrahim, Claim No. 22-42
4. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government
Code § 54957(b)(1)]
A. Title: City Manager
City Council November 15, 2022
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REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER – #3030
INVOCATION – Pastor Michael Truong, Mariners Church
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Cooper
CLOSED SESSION REPORT – City Attorney David E. Kendig
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.
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 - 18)
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 NOVEMBER 1, 2022.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on November 1, 2022.
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 $1,003,196.76 and Demands in the amount of $3,222,120.50.
City Council November 15, 2022
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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.
Recommendation: Make the following findings by majority vote of the Council:
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. SECOND READING AND ADOPTION OF ORDINANCE NO. 1530 AMENDING
CHAPTER 3 OF ARTICLE 4 OF THE TUSTIN CITY CODE PERTAINING TO
MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS
Adoption of Ordinance No. 1530 amends Chapter 3 of Article 4 of the Tustin City
Code related to solid waste.
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1530.
ORDINANCE NO. 1530
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AMENDING ARTICLE 4, CHAPTER 3 OF THE TUSTIN CITY CODE PERTAINING
TO MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS
6. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY FOR THE QUARTER ENDING SEPTEMBER 30, 2022
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.
Recommendation: Receive and file.
7. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT
The Local Transportation Authority Ordinance No. 3 requires the City to adopt an
annual Expenditure Report to account for the Net Revenues, developer/traffic impact
fees, and funds expended by the City, which satisfy the Maintenance of Effort (MOE).
The Orange County Transportation Authority (OCTA) established the MOE
benchmark in conjunction with passage of the original Measure M. MOE is a
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requirement that the City expend local funds on transportation related projects each
fiscal year in order to be eligible to receive Measure M2 Fairshare funds; the City’s
required MOE expenditure for Fiscal Year 2021 -22 is $1,697,045. This figure will
remain the same through Fiscal Year 2022-23.
Recommendation: It is recommended that the City Council adopt Resolution No.
22-61, adopting the Measure M2 Expenditure Report for Fiscal Year 2021 -2022
(attached), and direct staff to file the report with the Orange County Transportation
Authority.
RESOUTION NO. 22-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
CONCERNING THE MEASURE M2 (M2) EXPENDITURE REPORT FOR THE CITY
OF TUSTIN, CALIFORNIA
8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE ALLEY GROVE PROMENADE PROJECT, CIP 20084
The plans and specifications for the Alley Grove Promenade, CIP No. 20084, have
been substantially completed pending final approval by the City Engineer.
Recommendation: It is recommended that the City Council:
1. Appropriate $500,000 from Land Sale Proceeds Fund (Fund 189);
2. Adopt Resolution No. 22-56 approving the plans and specifications for the
Alley Grove Promenade, CIP No. 20084; and
3. Authorize the City Clerk to advertise to receive bids, subject to the approval
by the City Engineer.
RESOLUTION NO. 22-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
FINDING THAT THE FINAL JOINT ENVIRONMENTAL IMPACT
STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS/EIR),
AS AMENDED BY SUPPLEMENT AND ADDENDUMS, IS ADEQUATE TO SERVE
AS THE PROJECT ENVIRONMENTAL DOCUMENT FOR THE PROPOSED ALLEY
GROVE PROMENADE PROJECT (CIP 20084), AN APPROXIMATELY 2.8 -ACRE
ENHANCED WALKWAY PROMENADE LOCATED WITHIN PLANNNG AREAS 8,
13, AND 14 OF NEIGHBORHOOD D, TUSTIN LEGACY SPECIFIC PLAN AND
APPROVING PLANS AND SPECIFICATIONS FOR THE ALLEY GROVE
PROMENADE PROJECT, CIP NO. 20084, AND AUTHORIZING ADVERTISEMENT
FOR BIDS
9. ADOPT RESOLUTION NO. 22-55 TO ACCEPT IMPROVEMENTS FOR THE
FISCAL YEAR 2021-2022 ROADWAY REHABILITATION AND SIDEWALK
REPAIR PROJECT, ZONE 3, CIP NO. 70021 AND AUTHORIZE THE CITY
ENGINEER TO FILE A NOTICE OF COMPLETION
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Construction of the Fiscal Year 2021-2022 Roadway Rehabilitation and Sidewalk
Repair Project, Zone 3 (CIP No. 70021), has been completed to the satisfaction of
the City Engineer and is now ready for City Council acceptance.
Recommendation: It is recommended that the City Council take the following
actions:
1. Adopt Resolution No. 22-55 accepting the construction of the Fiscal Year
2021-2022 Roadway Rehabilitation and Sidewalk Repair Project, Zone 3
(CIP No. 70021); and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder’s Office.
RESOLUTION NO. 22-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE
RECORDATION OF THE NOTICE OF COMPLETION FOR THE FY 2021-22
ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT, ZONE 3 (CIP
NO. 70021)
10. HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) FOR THE
PROPERTY AT 158 N B STREET
The Mills Act is a State program that provides property tax relief to owners of qualified
historic properties who agree to comply with preservation restrictions and maintain
and preserve the property for a minimum of ten (10) years. The City Council adopted
Resolution 97-50, authorizing the implementation of the Mills Act program and
established a policy specifying which properties would be eligible for the program.
While the Mills Act is a State program, property owners enter into a contract with the
City to obtain the program’s benefits. Attachment A contains the Historic Property
Preservation Agreement for the subject property located at 158 N B Street.
Recommendation: That the City Council adopt Resolution No. 22-51 authorizing
the execution of the Historic Property Preservation Agreement for the property owner
at 158 N B Street in the State’s Mills Act Program (Attachment A).
RESOLUTION NO. 22-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,CA LIFORNIA,
AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO
COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY
PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE
OWNERS OF THE PROPERTY LOCATED AT 158 N B STREET, TUSTIN,
CALIFORNIA.
11. HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) - FOR THE
PROPERTY AT 510 W SECOND STREET
City Council November 15, 2022
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The Mills Act is a State program that provides property tax relief to owners of qualified
historic properties who agree to comply with preservation restrictions and maintain
and preserve the property for a minimum of ten (10) years. The City Council adopted
Resolution 97-50, authorizing the implementation of the Mills Act program and
established a policy specifying which properties would be eligible for the program.
While the Mills Act is a State program, property owners enter into a contract with the
City to obtain the program’s benefits. Attachment A contains the Historic Property
Preservation Agreement for the subject property located at 510 W Second Street.
Recommendation: That the City Council adopt Resolution No. 22-57 authorizing
the execution of the Historic Property Preservation Agreement for the property owner
at 510 W Second Street in the State ’s Mills Act Program (Attachment A).
RESOLUTION NO. 22-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO
COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY
PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE
OWNERS OF THE PROPERTY LOCATED AT 510 W SECOND STREET, TUSTIN,
CALIFORNIA.
12. HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) – FOR THE
PROPERTY AT 530 W SECOND STREET
The Mills Act is a State program that provides property tax relief to owners of qualified
historic properties who agree to comply with preservation restrictions and maintain
and preserve the property for a minimum of ten (10) years. The City Council adopted
Resolution 97-50, authorizing the implementation of the Mills Act program and
established a policyspe cifying which properties would be eligible for the program.
While the Mills Act is a State program, property owners enter into a contract with the
City to obtain the program’s benefits. Attachment A contains the Historic P roperty
Preservation Agreement for the subject property located at 530 W Second Street.
Recommendation: That the City Council adopt Resolution No. 22-58 authorizing
the execution of the Historic Property Preservation Agreement for the property owner
at 530 W Second Street in the State’s Mills Act Program (Attachment A).
RESOLUTION NO. 22-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO
COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY
PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE
OWNERS OF THE PROPERTY LOCATED AT 530 W SECOND STREET, TUSTIN,
CALIFORNIA.
13. HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) - 1082
WALNUT STREET
City Council November 15, 2022
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The Mills Act is a State program that provides property tax relief to owners of qualified
historic properties who agree to comply with preservation restrictions and maintain
and preserve the property for a minimum of ten (10) years. The City Council adopted
Resolution 97-50, authorizing the implementation of the Mills Act program and
established a policy specifying which properties would be eligible for the program.
While the Mills Act is a State program, property owners enter into a contract with the
City to obtain the program’s benefits. Attachment A contains the Historic Property
Preservation Agreement for the subject property located at 1082 Walnut Street.
Recommendation: That the City Council adopt Resolution No. 22-60 authorizing
the execution of the Historic Property Preservation Agreement for the property owner
at 1082 Walnut Street in the State’s Mills Act Program (Attachment A).
RESOLUTION NO. 22-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO
COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY
PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE
OWNERS OF THE PROPERTY LOCATED AT 1082 WALNUT STREET, TUSTIN,
CALIFORNIA.
14. SURPLUS PROPERTY DECLARATION FOR ASSESSORS PARCEL NUMBER
430-361-11
Resolution 22-59 will declare APN 430-361-11 as surplus property pursuant to
California Government Code Section 54221.
Recommendation: It is recommended that the City Council take the following
actions:
1. Adopt Resolution 22-59: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
COMPRISED OF ASSESSORS PARCEL NUMBER 430-361-11 AS
SURPLUS PROPERTY PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 54221.
2. Authorize the City Manager to direct staff to submit the appropriate
documentation to the California Department of Housing and Community
Development in connection with the Resolution.
RESOLUTION NO. 22-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS
PARCEL NUMBER 430-361-11 AS SURPLUS PROPERTY PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 54221.
City Council November 15, 2022
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15. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE SOUTH HANGAR RENOVATION, CIP 10076
The plans and specifications for the South Hangar Renovation, CIP No. 10076, have
been substantially completed pending final approval by the City Engineer.
Recommendation: It is recommended that the City Council:
1. Appropriate $2,100,000 from Land Sale Proceeds Fund (Fund 189);
2. Adopt Resolution No. 22-62 approving the plans and specifications for the
South Hangar Renovation, CIP No. 10076; and
3. Authorize the City Clerk to advertise to receive bids, subject to the appr oval
by the City Engineer.
RESOLUTION NO. 22-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
FINDING THAT THE FINAL JOINT ENVIRONMENTAL IMPACT
STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS/EIR),
AS AMENDED BY SUPPLEMENT AND ADDENDUMS, IS ADEQUATE TO SERVE
AS THE PROJECT ENVIRONMENTAL DOCUMENT FOR THE PROPOSED CITY
INITIATED VOLUNTARY MAINTENANCE AND REPAIRS OF THE EXISTING
TUSTIN HANGAR #2 (ALSO KNOWN AS SOUTH HANGAR OR HANGAR 29),
LIMITED TO STRUCTURAL STABILIZATION AND ELECTRICAL
INFRSTRUCTURE UPGRADES, LOCATED IN THE TUSTIN LEGACY SPECIFIC
PLAN
16. POLICY REGARDING THE REPORTING OF SUSPECTED FRAUD
The Government Finance Officers Association (GFOA) recommends that every
government establish policies and procedures to encourage and facilitate the
reporting of suspected fraud, waste or abuse. In order to demonstrate the City’s
commitment to fiscal stewardship and accountability, a policy has been prepared for
City Council consideration, which memorializes informal procedures currently in
place governing the reporting of suspected fraud, waste or abuse.
Recommendation: It is recommended that the City Council approve the Policy
Regarding the Reporting of Suspected Fraud (the “Policy”), and authorize the City
Attorney to make any necessary changes to the policy in order to implement and
maintain the policy.
17. LEASE AGREEMENT BETWEEN THE CITY OF TUSTIN AND OUTFRONT
MEDIA, LLC
Lease Agreement (Agreement) between the City of Tustin and Outfront Media, LLC
(Outfront) for a digital display billboard on City owned property located at the SR-55
Freeway and Edinger Avenue.
Recommendation: It is recommended that the City Council:
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1. Approve the Agreement with Outfront Media, LLC “as to form”, subject to any
non-substantive modifications as may be deemed necessary and/or
recommended by the City Attorney; and
2. Authorize the City Manager to execute the Agreement upon Outfront obtaining
all entitlements.
18. TEMPORARY COMMUNITY GARDEN AT 450 EL CAMINO REAL
Consideration of a request from One Seed to operate a temporary community garden
on City property located at 450 El Camino Real. One Seed is proposing to temporarily
use the empty lot on the west side of the existing wooden fence of the El Camino
Real Respite Parkette into a community garden that would grow fruits and
vegetables. Their objective is to create a space that would serve as an outdoor
classroom, providing community members with a variety of adult and youth
educational workshops and gardening programs. All designed with the intent and
ability to be relocated to a permanent location in the future.
Recommendation: Authorize the City Manager or his designee to finalize and
execute a short-term revocable license agreement in a form approved by the City
Attorney.
REGULAR BUSINESS ITEMS 19-20
19. AMENDMENT NO. 2 TO CITY MANAGER EMPLOYMENT AGREEMENT, AND
APPOINTMENT OF THE CITY MANAGER TO SERVE AS ACTING CITY
TREASURER AT ANY TIME WHEN THE DIRECTOR OF FINANCE POSITION IS
VACANT
Following the conclusion of negotiations with City Manager Matthew S. West, the City
Council will consider approval of Amendment No. 2 to his Employment Agreement.
Recommendation:
1. Approve Amendment No. 2 to the Employment Agreement with City Manager
Matthew S. West in the form attached as Exhibit 3; and
2. Appoint the City Manager to serve as Acting City Treasurer at any time when
the Director of Finance position is vacant.
20. ADOPT THE RESIDENTIAL PARKING ACTION PLAN
Dixon Resources Unlimited (DIXON) has prepared the Tustin Residential Parking
Action Plan (PAP) on behalf of the City of Tustin (City) to outline the recommended
implementation steps and strategies to optimize the preferential permit parking
program and parking management within Tustin's residential neighborhoods. This
PAP identifies policies, procedures, and management strategies necessary to
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address the City's current and future parking needs. The PAP highlig hts important
considerations, measures, and best practices to optimize operations.
Recommendation: That the City Council adopt the Tustin Residential Parking
Action Plan and authorize staff to implement.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, December 6, 2022 for the
Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.