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Home My WebLink About00 CC AGENDA 6.20.23 CITY OF TUSTIN REGULAR JUNE 20,2023 MEETING OF THE CITY COUNCIL300 CENTENNIAL WAY,TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Letitia Clark, Mayor Pro Tem Ryan Gallagher, CouncilMember Austin Lumbard, Mayor Matthew S. West, City Manager Rebecca Gomez, CouncilMemberErica N. Yasuda,City Clerk Ray Schnell, CouncilMemberDavid E. Kendig, City Attorney NOTICE REGARDING PUBLIC PARTICIPATION To watch the meeting, the public may observe the meeting in person in the Council https://www.tustinca.org/282/Meetings- Agendasor 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 Passcode 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. CityCouncilJune 20,2023 Meeting Agenda Page 1of 10 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 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. 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 June 20, 2023 Meeting Agenda Page 2 of 10 SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER #3041 ROLL CALL 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): (2 cases) 3. LABOR NEGOTIATIONS \[Government Code § 54957.6\] Agency Derick Yasuda, Director of Human Resources and Peter Brown, Negotiators: Liebert Cassidy Whitmore Employee Tustin Police Support Services Management Association (TPSSMA) Organization: Employee Tustin Police Support Service Association (TPSSA) Organization: 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - \[Government Code § 54956.8\]: (2 cases) A. Property APN 430-481-12 Address/Description Agency City of Tustin City Negotiators Matthew S. West, City Manager & Christopher Koster, Director of Economic Development City Council June 20, 2023 Meeting Agenda Page 3 of 10 Negotiating Parties Matthew Derrick, Vice President Development, CD- MS (Tustin) LLC Under Negotiation Price and Terms of Payment B. Property APN 430-481-02, 430-481-03, 430-481-04, 430- Address/Description 481-05 Agency City of Tustin City Negotiators Matthew S West, City Manager and Christopher Koster, Director of Economic Development Negotiating Parties Mark Janda, Senior Vice President Development, AvalonBay Communities Inc. and Lara Regus, Senior Vice President, Development, Abode Communities Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER #3041 INVOCATION - Fr. Khoi, St. Cecilia Church PLEDGE OF ALLEGIANCE Council Member Schnell PRESENTATION Historic Property Commendation - 530 W. Second Street 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 City Council June 20, 2023 Meeting Agenda Page 4 of 10 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 form with the City Clerk. (Agenda Items 1 - 9) 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 JUNE 6, 2023 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on June 6, 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 $936,418.97 and Demands in the amount of $2,511,596.26. 4. LEGISLATIVE UPDATE summary of state legislative activity. Recommendation: 1. Take a SUPPORT position on AB 573 (Garcia) Organic waste: meeting recovered organic waste product procurement targets. 2. Take an OPPOSE UNLESS AMENDED position on AB 1082 (Kalra) Authority to remove vehicles. 3. Receive and file the updated legislative matrix as of June 9. 4. Receive and file legislative updates prepared by TPA. 5. AMENDMENT NO. 14 TO CONSULTANT SERVICES AGREEMENT WITH SO CAL SANDBAGS INC FOR PROPERTY MANAGEMENT/CARETAKER City Council June 20, 2023 Meeting Agenda Page 5 of 10 SERVICES AT TUSTIN LEGACY Amendment to existing Consultant Services Agreement (CSA) with So Cal Sandbags, Inc. Recommendation: It is recommended that the City Council authorize the City Manager to execute Amendment No. 14 to the CSA with So Cal Sandbags, Inc. 6. SURPLUS PROPERTY DECLARATION FOR ASSESSORS PARCEL NUMBERS 430-272-11, 12, 13, 14, 15, 22, 24, 26, 27 AND 28; AND PORTIONS OF 430-272- 04, 07, 08, 20, 21 AND 23 Resolution 23-27 will declare APNs 430-272-11, 12, 13, 14, 15, 22, 24, 26, 27 and 28; and portions of 430-272-04, 07, 08, 20, 21 and 23 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 23-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBERS 430-272- 11, 12, 13, 14, 15, 22, 24, 26, 27 AND 28; AND PORTIONS OF 430-272-04, 07, 08, 20, 21 AND 23 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. 23-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBERS 430-272-11, 12, 13, 14, 15, 22, 24, 26, 27 AND 28; AND PORTIONS OF 430-272-04, 07, 08, 20, 21 AND 23 AS SURPLUS PROPERTY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221. 7. APPROVE THE ANNUAL OC GO (MEASURE M2) ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2023-2024 ln order to maintain eligibility to receive OC Go (also known as Orange County Measure M2 Program) funding, the City is required to annually submit a compliance package to the Orange County Transportation Authority (OCTA). Recommendation: City Council June 20, 2023 Meeting Agenda Page 6 of 10 It is recommended that the City Council take the following actions: 1. Adopt the attached Measure M2 Seven-Year Capital Improvement Program (CIP) (Fiscal Year 2023-2024 through Fiscal Year 2029-2030); and 2. Approve the City's Resolution No. 23-23 informing the OCTA that there have been no changes to the City's Circulation Element of the General Plan and that it is consistent with the Master Plan of Arterial Highways and that the City concurs with the Mitigation Fee Program for new development; and 3. Approve the City's Resolution 23-24 for the Local Signal Synchronization Plan Update; and 4. Approve Resolution No. 23-25 informing the OCTA that the City updated a Pavement Management Plan that is in conformance with the OCTA format; and 5. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M2 eligibility package to the OCTA. RESOLUTION NO. 23-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION ELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM RESOLUTION NO. 23-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CONCERNING THE UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM RESOLUTION NO. 23-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2 (M2) PROGRAM 8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE RED HILL AVENUE PAVEMENT REHABILITATION PROJECT BETWEEN SAN JUAN STREET AND MELVIN WAY, CIP NO. 70220 The plans and specifications for the Red Hill Avenue Pavement Rehabilitation Project between San Juan Street and Melvin Way (CIP No. 70220) have been prepared and the project is now ready for bid. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 23-35 approving the plans and specifications for the Red Hill Avenue Pavement Rehabilitation Project between San Juan Street City Council June 20, 2023 Meeting Agenda Page 7 of 10 and Melvin Way (CIP No. 70220) and; 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 23-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE RED HILL AVENUE PAVEMENT REHABILITATION PROJECT BETWEEN SAN JUAN STREET AND MELVIN WAY, CIP NO. 70220, AND AUTHORIZING ADVERTISEMENT FOR BIDS 9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1535 (CODE AMENDMENT 2023-0003) DENSITY BONUS ORDINANCE AND ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS ORDINANCE UPDATES Adoption of Ordinance No. 1535 amends Tustin City Code Sections 9112 and 9121(a), adds Section 9126 relating to incentives for the development of affordable housing, and amends Sections 9279 and 9297 relating to Accessory Dwelling Units and Junior Accessory Dwelling Units. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1535. 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) PUBLIC HEARING ITEM 10 10. ADOPTION OF A RESOLUTION UPDATING THE COMPREHENSIVE FEE SCHEDULE determined the cost of providing governmental services and ensured that user fees and charges do not exceed the costs of providing these services at the time of the study. Industry best practices recommend that annually, the user fees be reviewed and updated to ensure that the user fees are consistent with the cost of living and/or to reflect any operational changes. Staff has completed this annual review and compiled an updated user fee schedule (attachment 1). Staff recommends that the City Council proceed with a public hearing to consider the adoption of the updated fees if approved, which will take effect on September 1, 2023. City Council June 20, 2023 Meeting Agenda Page 8 of 10 Recommendation: 1. Comprehensive Fee Schedule; and, 2. Adopt Resolution No. 23-30, Establishing and Adopting Updated Development Processing Fees and Other City Rates, Charges, and User Fees for Various Government Services. RESOLUTION NO. 23-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING AND ADOPTING UPDATED DEVELOPMENT PROCESSING FEES AND OTHER CITY RATES, CHARGES, AND USER FEES FOR VARIOUS GOVERNMENT SERVICES REGULAR BUSINESS ITEMS 11 - 12 11. FISCAL YEAR 2023-2024 BUDGET ADOPTION On May 23, 2023, the City Council conducted a budget workshop on the Proposed Biennial Operating Budget and Capital Improvement Program for Fiscal Years 2023-2024 and 2024-2025, which allocate resources that reflect the City Council's priorities. Recommendation: 1. Adopt Resolution No. 23-34, Adopting the first year (Fiscal Year 2023-2024) of the 2023-2025 Biennial Budget and Related Documents for Fiscal Year 2023-2024; 2. Adopt Tustin Housing Authority Resolution No. 23-01, Adopting the Housing Authority Budget for Fiscal Year 2023-2024; 3. Adopt Resolution No. 23-33, Updating the Citywide Salary Schedule and the Position Control Schedule consistent with the Proposed Budget for Fiscal Year 2023-2024; and, 4. Adopt Resolution No. 23-32, Increasing the Authority of the Director of Human Resources, City Manager, and City Attorney to Settle General, Employment, and Automobile Liability Claims. RESOLUTION NO. 23-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FIRST YEAR (FISCAL YEAR 2023-2024) OF THE 2023-2025 BIENNIAL BUDGET AND RELATED DOCUMENTS FOR FISCAL YEAR 2023-2024 City Council June 20, 2023 Meeting Agenda Page 9 of 10 TUSTIN HOUSING AUTHORITY RESOLUTION NO. 23-01 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE HOUSING AUTHORITY BUDGET FOR THE FISCAL YEAR 2023-2024 RESOLUTION NO. 23-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPDATING THE CITYWIDE SALARY SCHEDULE AND THE POSITION CONTROL SCHEDULE RESOLUTION NO. 23-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, INCREASING THE AUTHORITY OF THE DIRECTOR OF HUMAN RESOURCES, CITY MANAGER, AND CITY ATTORNEY TO SETTLE GENERAL, EMPLOYMENT, AND AUTOMOTIVE LIABILITY CLAIMS 12. APPROPRIATION LIMIT FOR THE FISCAL YEAR 2023/24 Article XIII B of the State Constitution requires each City to annually adopt a limit on appropriations for all governmental funds. The following recommendation and attached worksheets are based on the Fiscal Year 2023/24 Proposed Budget as presented to the City Council on June 20, 2023. Recommendation: 1. Select the change in the assessment roll of the preceding year as the price factor for adjusting the Fiscal Year 2023/24 Appropriation Limit. 2. Adopt Resolution No. 23-36 setting the appropriation limit for the Fiscal Year 2023/24 at $118,286,797. RESOLUTION NO. 23-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2023/24 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Wednesday, July 5, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. City Council June 20, 2023 Meeting Agenda Page 10 of 10