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HomeMy WebLinkAbout00 CC AGENDA 11.21.23City Council November 21, 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 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. CITY OF TUSTIN REGULAR MEETING NOVEMBER 21, 2023 OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Letitia Clark, Mayor Pro Tem Ryan Gallagher, Council Member Austin Lumbard, Mayor Nicole Bernard, Acting City Manager Rebecca Gomez, Council Member Erica N. Yasuda, City Clerk Ray Schnell, Council Member David E. Kendig, City Attorney City Council November 21, 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 November 21, 2023 Meeting Agenda Page 3 of 8 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3048 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): (3 cases) 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1 matter – related to fire and release of substances from Navy-owned Hangar and subsequent response actions) 3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER – #3048 INVOCATION - Fr. Khoi, St. Cecilia Church PLEDGE OF ALLEGIANCE – Council Member Ray Schnell City Council November 21, 2023 Meeting Agenda Page 4 of 8 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 - 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 NOVEMBER 7, 2023, AND THE EMERGENCY MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 10, 2023. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on November 7, 2023, and the Emergency Meeting of the City Council held on November 10, 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 $1,060,258.27 and Demands in the amount of $2,571,619.22. 4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1538 APPROVING DEVELOPMENT AGREEMENT (DA) 2023-0002 (CITY VENTURES HOMEBUILDING, LLC) Adoption of Ordinance No. 1538 approves Development Agreement 2023-0002 accepting the provision of community public benefits, by including two (2) affordable housing units for very low-income households, payment of a voluntary workforce housing incentive program in-lieu fee, and provision of a 1,392 square foot public amenity space. City Council November 21, 2023 Meeting Agenda Page 5 of 8 Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1538. ORDINANCE NO. 1538 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2023-0002 BETWEEN THE CITY OF TUSTIN AND CITY VENTURES HOMEBUILDING, LLC TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING TWO (2) AFFORDABLE HOUSING UNITS FOR VERY-LOW INCOME HOUSEHOLDS, PAYMENT OF VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM IN- LIEU FEE, AND A 1,392 SQUARE FOOT PUBLIC AMENITY SPACE FOR A NEW, LIVE/WORK AND RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE THIRY-FIVE (35) RESIDENTIAL CONDOMINIUM UNITS AND SEVEN (7) LIVE/WORK UNITS, FOR A TOTAL OF FORTY TWO (42) UNITS IN SIX BUILDINGS, INCLUDING TWO (2) AFFORDABLE UNITS, ON APPROXIMATELY TWO (2) ACRES AT 14042 NEWPORT AVENUE 5. DECLARATION OF SURPLUS EQUIPMENT The City has accumulated obsolete and/or damaged equipment that includes but is not limited to desktop and laptop computers, access points, servers, and phone devices that are no longer usable or required for public use. Recommendation: 1. Declare the listed equipment surplus and not required for public use; and, 2. Authorize staff to sell serviceable equipment and dispose of assets beyond repair 6. ADOPT RESOLUTION NO. 23-55 ESTABLISHING PRIMA FACIE SPEED LIMIT ON MOFFETT DRIVE AND ADOPT RESOLUTION NO. 23-56 AUTHORIZING INSTALLATION OF ALL-WAY STOP CONTROLS AT MOFFETT DRIVE AND WINDROW ROAD INTERSECTION An analysis of traffic control at the intersection of Moffett Drive and Windrow Road has been completed. It has been determined that the installation of all-way stop controls for this intersection are appropriate for assignment of vehicular right-of-way. In support of this finding as an input for the stop sign analysis, the speed limits on Moffett Drive also need to be adopted which is based on an engineering and traffic survey as required by the California Vehicle Code (CVC). Recommendation: It is recommended that the City Council adopt Resolution No. 23-55, establishing Prima Facie Speed Limits on Moffett Drive, and Resolution No. 23-56, authorizing the installation of all-way stop controls at the intersection of Moffett Drive and Windrow Road. RESOLUTION NO. 23-55 City Council November 21, 2023 Meeting Agenda Page 6 of 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON MOFFETT DRIVE RESOLUTION NO. 23-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DESIGNATING THE LOCATION OF ALL-WAY STOP CONTROL AT A CERTAIN INTERSECTION 7. HOUSING SUCCESSOR ANNUAL REPORT FOR FISCAL YEAR 2022-2023 In accordance with Senate Bill 341’s amendments to Health & Safety Code Section (“HSC”) 34176.1(f), the Tustin Housing Authority, serving as the Housing Successor to the former Tustin Community Redevelopment Agency, has prepared an annual report for filing with the Tustin Housing Authority Commission and the Tustin City Council. Recommendation: It is recommended the Tustin Housing Authority Commissioners take the following actions: 1. Receive and file the Housing Successor Annual Report for Fiscal Year (“FY”) 2022- 2023 and transmit such report to the Tustin City Council. It is recommended the Tustin City Council take the following actions: 1. Receive and file the Housing Successor’s Annual Report for FY 2022-2023. 2. Direct that a copy of the Housing Successor Annual Report be posted on the City of Tustin’s website at www.tustinca.org 8. TEMPORARY SUSPENSION OF GENERAL LEAVE CAP Adoption of the attached Resolution will temporarily suspend the cap on the accrual of General Leave to ensure the continued provision of essential services. Recommendation: Adopt Resolution No. 23-57 to authorize the City Manager, acting as the Director of Emergency Services, to suspend the cap on the accrual of General Leave for a period of 90 days, or for the duration of the declared local state of emergency, whichever is longer. RESOLUTION NO. 23-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER, ACTING AS THE DIRECTOR OF EMERGENCY SERVICES, TO SUSPEND THE CAP ON THE ACCRUAL OF GENERAL LEAVE 9. BUILDING BOARD OF APPEALS AD HOC COMMITTEE SELECTION City Council November 21, 2023 Meeting Agenda Page 7 of 8 Council direction is needed to fill (1) one vacancy on the Building Board of Appeals. Recommendation: That the City Council appoint Daniel Zavadil, as recommended by Mayor Lumbard and Mayor Pro Tem Clark, to serve on the Building Board of Appeals. PUBLIC HEARING ITEM 10 10. CONDITIONAL USE PERMIT (CUP) 2023-0008 AND DEVELOPMENT AGREEMENT (DA) 2023-0001 This project includes the replacement of an existing static freeway adjacent billboard at 1021 Edinger Avenue, a City-owned property, with a new ninety (90) foot tall, double-faced digital display billboard. On November 15, 2022, the City Council approved a lease agreement between the City and the applicant, Outfront Media, for a digital display billboard on the subject property contingent upon the applicant successfully obtaining all necessary. On October 24, 2023, the Planning Commission held a public hearing for the proposed project and adopted Resolution No. 4480, recommending that the City Council approve the CUP and DA. APPLICANT: DAVID RYAN, OUTFRONT MEDIA LLC PROPERTY OWNER: CITY OF TUSTIN LOCATION: 1021 EDINGER AVENUE (APN: 430-252-05) Recommendation: That the City Council do the following: 1. Adopt Resolution No. 23-49 approving CUP 2023-0008, a request to demolish an existing static billboard and construct a new ninety (90) foot tall, double- faced billboard. 2. Introduce and have first reading by title only of Ordinance No. 1539 for DA 2023-0001 to accept the provision of community public benefits, including the removal of three (3) existing static billboards located elsewhere in the City. RESOLUTION NO. 23-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2023-0008 TO REPLACE AN EXISTING STATIC BILLBOARD WITH A NEW, NINETY (90) FOOT TALL, FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD WITH TWO (2) SIGN FACES MEASURING TWENTY (20) FEET BY SIXTY (60) FEET EACH AT 1021 EDINGER AVENUE City Council November 21, 2023 Meeting Agenda Page 8 of 8 ORDINANCE NO. 1539 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT 2023-0001 BETWEEN THE CITY OF TUSTIN AND OUTFRONT MEDIA, LLC. IN ASSOCIATION WITH CONDITIONAL USE PERMIT 2023-0008 FOR A FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD AT THE CITY-OWNED PROPERTY LOCATED AT 1021 EDINGER AVENUE REGULAR BUSINESS ITEMS 11-12 11. CITY OF TUSTIN 2023 WATER MASTER PLAN The Water Master Plan (WMP) is a detailed engineering report that analyzes the City's water system by evaluating existing infrastructure, identifying water supply and demand characteristics while updating the City's water system hydraulic model (Model). The Model helps define water systems operational criteria such as peak and average day water demands, water pressures, velocities and age. Additionally, emergency criteria and test operational scenarios are evaluated and supported by the Model which helps shape findings, conclusions, and recommendations that build a 20-year Capital Improvement Plan necessary to maintain the City's reliability in delivering potable water. A comprehensive presentation will be provided during the City Council meeting. Recommendation: It is recommended that the City Council receive and file the City of Tustin Water Master Plan. 12. POTENTIAL AMENDMENTS TO TERM LIMITS FOR MAYOR AND CITY COUNCIL MEMBERS This staff report presents options for potential amendments to City Council term limits in light of the City’s transition to district elections and seeks the City Council’s direction regarding which proposed amendments to submit to Tustin’s voters. Recommendation: Provide direction regarding proposed term limit revisions and direct staff to return at a future meeting with a draft ordinance for the Council’s consideration prior to placing the proposed ordinance on the November 2024 ballot for voter approval. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, December 5, 2023, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.