HomeMy WebLinkAboutCC MINUTES 11.21.23City Council November 21, 2023
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MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER – #3048 at 5:30 p.m.
ROLL CALL – City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tem Letitia Clark (arrived at 5:40
p.m.), and Council Members Ryan Gallagher, Rebecca Gomez and
Ray Schnell
Absent: None
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Nicole Bernard, Acting City Manager
PUBLIC INPUT – None
CLOSED SESSION UPDATE – City Attorney David E. Kendig: The Council will convene
to discuss Items 1-3 as the appear on the Closed Session Agenda.
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 –
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
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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)
Recessed at 5:31 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN
HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER – #3048 at 7:04 p.m.
INVOCATION - Fr. Khoi, St. Cecilia Church
PLEDGE OF ALLEGIANCE – Council Member Ray Schnell
PUBLIC INPUT –
1. Hangar Fire Incident Management Team – Steve Dohman
2. Hangar Fire Incident Management Team – Craig Covey
3. Hangar Fire Incident Management Team – Stephanie Najera
4. Mark McCracken
5. John
6. Darlene Sparks
7. Keith Luna
8. Karen Jewell
9. Ben Savill
10. Jerome Eichenberge
11. Lana Clay
12. Troy
13. Shant Nahapetian
14. Tiffany Kuykendall
15. Vanessa
16. Susan Keefe
17. Iman
18. Zadoorian
19. Deniz Erkan
20. D. Gamez
21. Petina
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22. Caller 1
23. Caller 2
24. Preya
25. Jeff Lawrence
26. Ryan
27. BH
28. MK
29. Lynn Sagarino
30. Joanna
31. Fadi
32. Fadi’s wife
33. Sonia Uddin
34. Darren Terry
Recessed at 8:45 p.m.
Reconvened at 8:52 p.m.
CLOSED SESSION REPORT – City Attorney David E. Kendig: The City Council took no
reportable action.
CONSENT CALENDAR ITEMS 1-9 -
PUBLIC INPUT FOR THE CONSENT CALENDAR – None
It was moved by Council Member Gallagher and seconded by Mayor Pro Tem Clark to
approve the Consent Calendar as recommended by staff.
Roll Call Vote – City Clerk
Motion carried: 5-0
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 NOVEMBER 7, 2023, AND THE EMERGENCY MEETING OF THE CITY
COUNCIL HELD ON NOVEMBER 10, 2023.
Motion: The City Council approved 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.
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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 $1,060,258.27 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.
Motion: The City Council had 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.
Motion:
1. Declared the listed equipment surplus and not required for public use; and,
2. Authorized staff to sell serviceable equipment and dispose of assets beyond
repair
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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).
Motion: The City Council adopted 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
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.
Motion:
The Tustin Housing Authority Commissioners took the following actions:
1. Received and filed the Housing Successor Annual Report for Fiscal Year (“FY”)
2022-2023 and transmit such report to the Tustin City Council.
The Tustin City Council took the following actions:
1. Received and filed the Housing Successor’s Annual Report for FY 2022-2023.
2. Directed 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
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Adoption of the attached Resolution will temporarily suspend the cap on the accrual
of General Leave to ensure the continued provision of essential services.
Motion: Adopted 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
Council direction is needed to fill (1) one vacancy on the Building Board of Appeals.
Motion: The City Council appointed 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
Public Hearing opened at 8:54 p.m.
Principal Planner Raymond Barragan provided a PowerPoint presentation.
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
Public Input – None
Public Hearing closed at 9:02 p.m.
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It was moved by Mayor Lumbard and seconded by Mayor Pro Tem Clark to
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.
Mayor Lumbard requested that the applicant check on the direct access to the
modem for the City to use during emergencies.
Roll Call Vote – City Clerk
Motion carried: 5-0
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
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
SPECIAL MEETING ITEM 1
1. REQUEST FOR APPROPRIATIONS – HANGAR FIRE INCIDENT
Public Input – None
It was moved by Mayor Lumbard and seconded by Council Member Gallagher to
authorize an appropriation of $7.8 million in funding from the City’s General Fund
Reserves to address the fiscal impact from the hangar fire incident while pursuing any
and all local, state and federal funding and/or reimbursement opportunities. This
amount of funding will allow the City to maintain the minimum reserve of 15% of the
General Fund’s annual operating expenditures.
Roll Call Vote – City Clerk
Motion carried: 5-0
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COUNCIL MEMBER COMMENTS AND REPORTS
Acting City Manager Nicole Bernard
Thanked the Incident Management Team, the dedication of the partners and stakeholders
involved in the North Hangar fire; reported the North Hangar fire was a unique situation that
required a unique response and strategy that needed to be crafted immediately; stated two
weeks after the fire and the partners are still working together collaboratively to deliver the
response the community deserves; thanked the City Council for their support and
leadership.
Council Member Schnell
Thanked all the public speakers for their public input; stated the City Council will take in the
feedback and make any adjustments in order to address the concerns; was impressed with
Acting City Manager, Nicole Bernard, and the Incident Management Team for their work
over the last two weeks placing public safety first; reported the City Council will continue to
make adjustments to improve communication and address concerns as quickly as possible.
Wished everyone a Happy Thanksgiving.
Council Member Gomez
November 16
• Attended the Tustin Community Foundation’s Thanksgiving Breakfast event;
reported is a wonderful opportunity to see how Tustin nonprofits are contributing to
the overall welfare of the community; urged everyone to consider donating to one of
the local nonprofits during this holiday season.
• Attended the Orange County Mosquito and Vector Control District Board meeting;
received a presentation on red imported fire ants; addressed the history of red
imported fire ants in Orange County and the District’s related program and future
projects; received reports from the Scientific Technical Communications and
Operations Department; reported the District will be forming an Ad Hoc Committee
to provide feedback and direction for the District’s five year strategic plan; reminded
everyone colder weather brings less mosquitoes, however, Southern California does
not get very cold; asked everyone to check for containers with standing water,
maintain gutters and drains to prevent standing water from collecting in order to
protect yourselves from mosquitoes.
Thanked all Veterans and current service members for their service.
Thanked city staff and partners for all their hard work on the North Hangar fire incident;
reported the response does not have a model, but everyone is working to respond to the
incident in the best possible way; thanked all the public speakers for their comments; stated
the comments allow the City Council to communicate effectively.
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Wished everyone a safe and restful Thanksgiving.
Council Member Gallagher
November 16
Attended the Tustin Community Foundation’s Thanksgiving Breakfast event; keynote
speaker was great; the presentation centered on being grateful.
Expressed gratitude for the public speakers; reported the public speakers are organized,
educated and passionate; stated he shares their concerns as a resident of Greenwood in
the Tustin Legacy; is grateful for the Incident Management Team, the partners, Acting City
Manager, Nicole Bernard, and city staff for their sacrifices to address the North Hangar fire
incident; reported these individuals are moving quickly and creating possible strategies for
impossible tasks; stated they care deeply about the community and are willing to do the
hard work to get things done; stated there are good questions tonight and during the
community meeting last Thursday, November 16, 2023; stated the City Council has answers
to some questions and is confident the information will be reported out as fast as it can;
stated some questions don’t have answers yet, but the City Council will work to answer
them as quickly as possible; reported it has been a couple weeks with new things evolving
constantly; mentioned there are members of the community that support staff and are
grateful for all the efforts involved with the response of the North Hangar fire incident.
Mayor Pro Tem Clark
Reminded everyone staff is still handling the day to day operations while being dedicated
to the response of the North Hangar fire incident; reported many staff members are working
14-15 hour days around the clock for the last two weeks; stated the City Council is grateful
and appreciative for all the efforts; empathized with the community members on their
concerns with the changes in the messages received; reported the City Council will work to
improve the communication efforts to ensure the community receives the correct
information; stated the City Council is in touch with the California Governor’s Office and
reaching out to the President of the United States to ask for support for this emergency
incident; expressed gratitude for all the hard work done; stated the City Council shares the
same feelings with the community and are here to work through the rest of this journey.
Mayor Lumbard
Thanked city staff and the Incident Management Team for the Emergency Operations
Center (EOC); reported has been a tough couple of weeks starting with sadness developed
into frustration and anger; stated the City Council shares the same feelings as the
community; reported the City Council will continue working to get through the incident;
thanked the public speakers for their sincerity, emotional and civil comments; reported is
grateful to be a part of a community that maintains civility, humanity, and empathy; reported
the City Council will continue to work to get the community answers.
Wished everyone a blessed Thanksgiving.
ADJOURNED at 9:17 p.m. The next meeting is scheduled on Tuesday, December 5, 2023,
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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
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