HomeMy WebLinkAbout00 CC AGENDA 12.5.23CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
Letitia Clark, Mayor Pro Tern
Ryan Gallagher, Council Member
Rebecca Gomez, Council Member
Ray Schnell, Council Member
DECEMBER 5, 2023
300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Austin Lumbard, Mayor Nicole Bernard, Acting City Manager
Erica N. Yasuda, City Clerk
David E. Kendig, City Attorney
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 Council December 5, 2023
Meeting Agenda Page 1 of 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 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 December 5, 2023
Meeting Agenda Page 2 of 10
CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3049
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 — Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) — enforcement,
specific performance and/or foreclosure for default on affordable housing covenants.
4. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION —
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1
case) — related to the fire at the North Hangar owned by the Navy and the potential
release of hazardous materials therefrom
5. PUBLIC EMPLOYMENT - Cal. Gov't Code § 54957(b)(1). Title: City Manager
City Council December 5, 2023
Meeting Agenda Page 3 of 10
REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — #3049
INVOCATION - Deacon Bill Weeks, St. Cecilia Church
PLEDGE OF ALLEGIANCE — Mayor Lumbard
PRESENTATION - Navy North Hangar Status Report
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 - 13)
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 21, 2023.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on November 21, 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.
City Council December 5, 2023
Meeting Agenda Page 4 of 10
Recommendation: It is recommended that the City Council approve Payroll in the
amount of $1,009,312.48 and Demands in the amount of $1,857,489.03.
4. FIRST AMENDMENT TO THE CONTRACTOR SERVICES AGREEMENT —
TEMPORARY SHELTER, INC
Request for authorization to enter into a First Amendment to the Contractor Services
Agreement ("CSA") with Temporary Shelter, Inc., to extend the operations of the
Tustin Temporary Emergency Shelter ("TTES") from July 1, 2024 through June 30,
2026 and approve a fund appropriation for separate consulting services to evaluate
long term- shelter options.
Recommendation:
The Tustin Housing Authority Commissioners take the following action:
• Approve the 1st Amendment to the Contractor Services Agreement between
Temporary Shelter, Inc. and the City of Tustin and Tustin Housing Authority.
The City Council take the following actions:
• Authorize the Acting City Manager and Acting Housing Authority Executive
Director to execute the First Amendment to the Contractor Services
Agreement with Temporary Shelter, Inc. to extend operations of the Tustin
Temporary Emergency Shelter, subject to any non -substantive modifications
as may be deemed necessary and/or recommended by the City Attorney; and
• Appropriate $100,000 from the General Fund for City Attorney and consultants
as needed to assist in the evaluation, analysis, and development of long-term
shelter options.
5. 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
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 2022-23 is $1,697,045.
Recommendation: It is recommended that the City Council adopt Resolution No.
23-62, adopting the Measure M2 Expenditure Report for Fiscal Year 2022-2023
(attached), and direct staff to file the report with the Orange County Transportation
Authority.
City Council December 5, 2023
Meeting Agenda Page 5 of 10
RESOLUTION NO. 23-62
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
6. FISCAL YEAR 2022-2023 DEVELOPMENT IMPACT FEE REPORT (AB 1600)
The attached report is prepared to comply with California Government Code Section
66006, which requires an annual disclosure and review of collected development
impact fees and expenditures within 180 days after the last day of the fiscal year.
Recommendation: Receive and file.
7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE CENTENNIAL PARK IMPROVEMENT PROJECT CIP NO.
20090
The plans and specifications for the Centennial Park Improvement Project (CIP No.
20090) have been substantially completed pending final approval by the City
Engineer.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 23-58 approving the plans and specifications for the
Centennial Park Improvement Project (CIP No. 20090); and
2. Authorize the City Clerk to advertise to receive bids; subject to the final
approval by the City Engineer.
RESOLUTION NO. 23-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONS FOR THE CENTENNIAL PARK
IMPROVEMENT PROJECT CIP NO. 20090 AND AUTHORIZING
ADVERTISEMENT FOR BIDS
8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1539
(DEVELOPMENT AGREEMENT 2023-0001 BETWEEN THE CITY OF TUSTIN
AND OUTFRONT MEDIA, LLC. — 1021 EDINGER AVENUE)
Adoption of Ordinance No. 1539 approves 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.
At the last meeting, Councilmember Schnell asked about the ability of the digital
billboard to transmit an emergency message immediately upon notice. While the
actual process and timing on displaying emergency messages is still being
City Council December 5, 2023
Meeting Agenda Page 6 of 10
developed, Outfront Media is committed to working with the City on displaying
emergency messages as soon as possible.
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1539.
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
CITYOWNED PROPERTY LOCATED AT 1021 EDINGER AVENUE
9. OVERVIEW OF LAND USE OPTIONS FOR HOUSING ELEMENT REZONING
PROGRAM
The City's adopted Housing Element currently identifies a Rezoning Program that
establishes eighteen (18) housing element sites zoned for mixed -use development.
These eighteen (18) sites accommodate the City's obligation under the Regional
Housing Needs Allocation (RHNA). This report addresses how City staff intends to
propose to comply with the Housing Element Law's restrictions on rezoning sites that
include mixed -use zoning.
This report clarifies that City staff proposes to designate a few of the housing
inventory sites for "residential use only" development in accordance with the Housing
Element, such that non-residential uses would be prohibited on those sites. By doing
so the remaining housing inventory sites will maintain the land use flexibility currently
allowed by the City Code. The sites to be designated for residential uses only include
a portion of land at The Market Place shopping center that is currently used for
parking and a portion of Neighborhood D North within the Tustin Legacy Specific
Plan (TLSP).
Recommendation: That the City Council receive and file this staff report.
10. 2024 MAYORAL APPOINTMENTS TO COMMITTEES
Annually the Mayor appoints those members of the City Council who will serve on
various City and Regional committees.
Recommendation: That the City Council:
1. Confirm the attached appointments as recommended by the Mayor; and
2. Adopt FPPC Form 806: Agency Report of Public Official Appointments and
direct staff to post on the City's website.
11. PART-TIME NON-BENEFITTED EMPLOYEES COMPENSATION AND BENEFITS
Adoption of the attached Resolution will authorize modified terms and conditions of
City Council December 5, 2023
Meeting Agenda Page 7 of 10
employment for unrepresented Part -Time Non-Benefitted employees as required by
State law.
Recommendation: Adopt Resolution No. 23-61 to update the Part -Time Non-
Benefitted Employees Salary Resolution.
RESOLUTION NO. 23-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING
TO COMPENSATION FOR UNREPRESENTED PART-TIME NON-BENEFITTED
EMPLOYEES AND SUPERSEDING RESOLUTION 22-53
12. 2024 LOCAL APPOINTMENTS LIST
Prior to December 31st of each year, the Maddy Act requires municipal agencies to
prepare and post a listing of all Commission/Board vacancies for the upcoming year.
Recommendation: Approve the 2024 Local Appointments List for the Planning
Commission, Community Services Commission, Audit Commission, Building Board
of Appeals and Public Art Commission and post notice as required by law.
13. AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION
WITH THE PROPOSED ISSUANCE OF A PRIVATE PLACEMENT FINANCING TO
FUND CERTAIN CAPITAL IMPROVEMENT PROJECTS OF THE TUSTIN WATER
ENTERPRISE, CONFIRMING THE APPOINTMENT OF PROFESSIONAL
SERVICES AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION
THEREWITH
As part of the Tustin Water Enterprise's (Enterprise) annual review and its 2023 cost -
of -service analysis, the City's consultants advised that the Enterprise needs
additional resources to meet its ongoing infrastructure improvement obligations for
the next three years. Staff has determined that the issuance of a private placement
financing can provide the necessary capital funding. Staff is requesting the City
Council's approval to authorize the initiation of proceedings to issue private
placement financing of $4 million plus issuance costs to fund certain improvement
projects that are outlined in the Enterprise's five-year capital plan.
Recommendation: It is recommended that: The City Council adopt Resolution 23-
60 entitled: Resolution Authorizing The Commencement Of Proceedings In
Connection With The Proposed Issuance Of A Private Placement Financing To Fund
Certain Capital Improvement Projects Of The Tustin Water Enterprise, Confirming
The Appointment Of Professional Services And Authorizing Certain Other Actions In
Connection Therewith.
RESOLUTION NO. 23-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH
THE PROPOSED ISSUANCE OF A PRIVATE PLACEMENT FINANCING TO FUND
City Council December 5, 2023
Meeting Agenda Page 8 of 10
CERTAIN CAPITAL IMPROVEMENT PROJECTS OF THE TUSTIN WATER
ENTERPRISE, CONFIRMING THE APPOINTMENT OF PROFESSIONAL SERVICES
AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
PUBLIC HEARING ITEM 14
14. ADOPTION OF RETAIL WATER RATES - PUBLIC HEARING RESOLUTION 23-
59
The City's consultant, IB Consulting, completed a draft Cost -of -Service Rate Study
(Study) for the City's Water Enterprise (Enterprise) and developed proposed water
rates to meet ongoing operational, maintenance, and capital needs while maintaining
the requirements of existing bond covenants. City staff requests that the City Council
hold a Public Hearing to consider the adoption of proposed water rates. A notice of
the proposed water rate adjustment was prepared in accordance with Proposition
218 and mailed directly to 14,852 customers and property owners on October 20,
2023. As of the published date of this report, the City has received twenty-two written
protest to the proposed water rates.
Recommendation: Staff recommends that the City Council:
1. Conduct a Public Hearing to receive testimony on the proposed water rates
for Fiscal Year 2023-2024 through Fiscal Year 2027-2028; and
2. Adopt Resolution No. 23-59 approving the proposed water rates for the Fiscal
Year 2023-2024 through the Fiscal Year 2027-2028 with effective dates of
January 1, 2024; January 1, 2025; January 1, 2026; January 1, 2027; and
January 1, 2028.
RESOLUTION NO. 23-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADJUSTING WATER RATES PROVIDED BY THE CITY OF TUSTIN
REGULAR BUSINESS ITEMS 15-16
15. DOWNTOWN COMMERCIAL CORE AND RED HILL AVENUE SPECIFIC PLAN
REASESSMENT REPORT
As directed by the City Council during the City's Midpoint Strategic Plan Update in
2021, an analysis of the Downtown Commercial Core Specific Plan (DCCSP) and
the Red Hill Avenue Specific Plan (RHASP) was initiated in 2022 to identify potential
plan revisions that align development regulations with the real estate market. The
City contracted with Economic Planning Systems (EPS), Inc. to assess the DCCSP
and RHASP ("Plan Areas") and provide a summary of findings and policy options.
EPS presented their initial report to the Mayor's Economic Development Ad -Hoc
Committee, comprised of Mayor Austin Lumbard and Councilmember Ryan
Gallagher.
City Council December 5, 2023
Meeting Agenda Page 9 of 10
The following recommendations are presented to the City Council on behalf of the
Mayor's Economic Development Ad -Hoc Committee.
Recommendation: That the City Council:
1. Receive and file the Downtown Commercial Core and Red Hill Avenue
Specific Plan Reassessment report prepared by Economic Planning Systems,
Inc.;
2. Direct staff to prepare resolutions for applicable policy options identified in the
Ad -Hoc Committee's recommendation list, and agendize those for the City
Council consideration on or before February 20, 2024;
3. Direct staff to prepare an agenda report further describing and outlining the
scope of amendments to the Specific Plans and/or Tustin City Code for
applicable policy options identified in the Ad -Hoc recommendation list, on or
before March 19, 2024; and,
4. Direct staff to prepare an agenda report further describing and outlining the
strategy initiatives identified in the Ad -Hoc recommendation list, on or before
April 16, 2024.
16. MAYOR PRO TEM SELECTION
The City Council selects a member of the Council who will serve as Mayor Pro Tern
for the following year.
Recommendation: Please of the City Council.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, December 19, 2023, for the
Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council December 5, 2023
Meeting Agenda Page 10 of 10