HomeMy WebLinkAboutCC MINUTES 12.05.23DocuSign Envelope ID: 8FC4BE2C-94A1-4633-9C55-24DD7B04FA80
CITY 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
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3049 at 5:30 p.m.
ROLL CALL — City Clerk
Present: Mayor Austin Lumbard and Council Members Ryan Gallagher,
Rebecca Gomez and Ray Schnell
Absent: Mayor Pro Tern Letitia Clark
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 1,3,4 and 5 as they appear on the 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 — Initiation
City Council December 5, 2023
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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
Recessed at 5:31 p.m.
Mayor Pro Tern Letitia Clark was present for the open session.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN
HOUSING AUTHORITY AND SPECIAL MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — #3049 at 7:08 p.m.
INVOCATION — Fr. Khoi, St. Cecilia Church
PLEDGE OF ALLEGIANCE — Mayor Lumbard
PRESENTATION — Orange County Fire Authority Division Chief Scott Wiedensohler and
Innovative Emergency Management (IEM) Project Manager Bruce Lockwood and Operations
Section Chief Colin Cummings provided a status report on the Navy North Hangar.
PUBLIC INPUT —
1. Nancy Spagnuolo
2. John Garay
SPECIAL MEETING ITEM 1
CITY COUNCIL ACTION TO DEMAND NAVY ACCOUNTABILITY AND
ENVIRONMENTAL/PUBLIC HEALTH AGENCY GUIDANCE CONCERNING THE NAVY
City Council December 5, 2023
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NORTH HANGAR INCIDENT
Public Input -
1.
Sean Storm
2.
Jon
3.
Jerome Eichenberger
4.
Ben Savill
5.
Lana Clay -Monaghan
6.
Jeff Lawrence
7.
John Garay
8.
Susan Keefe
9.
Shant
10.
Tiffany K.
It was moved by Mayor Lumbard and seconded by Mayor Pro Tern Clark to direct staff to
redouble the City's efforts to pressure and encourage county, local, state and federal
officials to take action that has been requested since November 10t" and before. Including
obtaining data, state action and resources, and federal, specifically the Department of the
Navy and Federal Emergency Management Agency (FEMA), action and resources.
Council Member Gallagher proposed a friendly amendment to direct staff to include a call
to action for the community that includes the contact information for the City's
representatives at the local, state and federal level so they can contact them directly. Mayor
Lumbard and Mayor Pro Tern Clark accepted the amendment.
Roll Call Vote — City Clerk
Motion carried: 5-0
Recessed at 8:24 p.m.
Reconvened at 8:32 p.m.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council, by a vote of
4-0 with Mayor Pro Tern Clark absent, authorized the initiation of litigation. The action,
defendant and any particulars shall be disclosed upon request once the action is formally
commenced. Other than that, there was no reportable action.
CONSENT CALENDAR ITEMS 1-13 —
PUBLIC INPUT FOR THE CONSENT CALENDAR — None
Council Member Gomez requested to pull Item 7.
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It was moved by Council Member Gallagher and seconded by Council Member Gomez to
pull Item 7 and approve the balance of 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 21, 2023.
Motion: The City Council approved 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.
Motion: The City Council approved 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.
Motion:
The Tustin Housing Authority Commissioners took the following action:
• Approved the 1st Amendment to the Contractor Services Agreement between
Temporary Shelter, Inc. and the City of Tustin and Tustin Housing Authority.
The City Council took the following actions:
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• Authorized 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
• Appropriated $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.
Motion: The City Council adopted Resolution No. 23-62, adopting the Measure M2
Expenditure Report for Fiscal Year 2022-2023 (attached), and directed staff to file
the report with the Orange County Transportation Authority.
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.
Motion: Received and filed.
7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE CENTENNIAL PARK IMPROVEMENT PROJECT CIP NO.
20090
Council Member Gomez recused herself due to a conflict in real property interest.
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The plans and specifications for the Centennial Park Improvement Project (CIP No.
20090) have been substantially completed pending final approval by the City
Engineer.
It was moved by Council Member Schnell and seconded by Council Member
Gallagher to:
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.
Roll Call Vote — City Clerk
Motion carried: 4-0
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
Council Member Gomez returned to the dais.
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
developed, Outfront Media is committed to working with the City on displaying
emergency messages as soon as possible.
Motion: The City Council had 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
City Council December 5, 2023
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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).
Motion: The City Council received and filed 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.
Motion: The City Council:
1. Confirmed the attached appointments as recommended by the Mayor; and
2. Adopted FPPC Form 806: Agency Report of Public Official Appointments and
directed 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
employment for unrepresented Part -Time Non-Benefitted employees as required by
State law.
Motion: Adopted Resolution No. 23-61 to update the Part -Time Non-Benefitted
Employees Salary Resolution.
RESOLUTION NO. 23-61
City Council December 5, 2023
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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.
Motion: Approved 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.
Motion: The City Council adopted 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
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
City Council December 5, 2023
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Public Hearing opened at 8:35 p.m.
Acting Director of Public Works Mike Grisso provided a PowerPoint presentation.
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.
Public Input —
1.
Carolyn Bogaty
2.
Liz Allen
3.
George Haltman
4.
Paul Albarian
5.
Michael Ferguson
6.
Ken Higman
7.
John Garay
8.
Michael Ferguson
Public Hearing closed at 9:19 p.m.
The City Clerk announced the City received twenty-three written protests at the close
of the public hearing.
It was moved by Council Member
Gomez to adopt Resolution No. 23
Fiscal Year 2023-2024 through th
January 1, 2024; January 1, 2025;
1, 2028.
Roll Call Vote — City Clerk
Motion carried: 5-0
e
Gallagher and seconded by Council Member
-59 approving the proposed water rates for the
Fiscal Year 2027-2028 with effective dates of
January 1, 2026; January 1, 2027; and January
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
City Council December 5, 2023
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15. DOWNTOWN COMMERCIAL CORE AND RED HILL AVENUE SPECIFIC PLAN
REASESSMENT REPORT
Director of Community Development, Justina Willkom, provided an introduction.
Managing Principal, Jason Moody, and Vice President, Thomas Gonzales, with
Economic Planning Systems provided a PowerPoint presentation.
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.
The following recommendations are presented to the City Council on behalf of the
Mayor's Economic Development Ad -Hoc Committee.
Public Input —
1. Gabriel Groen
2. John Garay
It was moved by Mayor Lumbard and seconded by Council Member Gallagher to:
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.
Roll Call Vote — City Clerk
Motion carried: 5-0
City Council December 5, 2023
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16. MAYOR PRO TEM SELECTION
The City Council selects a member of the Council who will serve as Mayor Pro Tem
for the following year.
Public Input — None
Council Member Schnell nominated Council Member Gallagher to serve as Mayor
Pro Tem.
It was moved by Council Member Schnell and seconded by Mayor Lumbard to
nominate Council Member Schnell to serve as Mayor Pro Tem for 2024.
Roll Call Vote — City Clerk
Motion carried: 5-0
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
Acting City Manager Nicole Bernard
Thanked the City Council for the clear direction provided during the City Council meeting;
expressed appreciation to city staff; thanked stakeholders for providing input to pass onto
the Navy and other appropriate audiences; thanked everyone for being at the meeting.
Council Member Schnell
Grateful to serve with the City Council and grateful for city staff's hard work; reported the
crisis is not over, but Tustin is in recovery mode; thanked citizens for the thoughtful input;
proud to live in Tustin; looks forward to 2024 and the new year ahead.
Council Member Gomez
Thanked the Tustin Police Officers Association and the Carrazco Law Firm for the
Thanksgiving turkey and grocery giveaway to needy families in Tustin.
November 30
Attended a memorial service for Anaheim City Council Member and School Board Member,
Jordan Brandman; announced he really loved his work as an Anaheim School Board
Member; was an energetic and thoughtful colleague; he really fought to educate kids who
were marginalized; Jordan really wanted kids to get a great education; will miss him;
thanked him for his service.
Council Member Clark
Congratulated newly appointed Mayor Pro Tem Gallagher.
Announced will be attending a Working Wardrobes Live Styling event via Instagram Live on
City Council December 5, 2023
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December 6, 2023; will be showcasing the clothes available to purchase at the Working
Wardrobes Tustin location; stated Working Wardrobes is an organization that helps people
overcome barriers to gain employment; serves men, women, veterans, active military and
youth to look their best for interviews; reported helped 5,000 individuals this year; looks
forward to the event.
Mayor Pro Tem Gallagher
naramhAr 7
Attended the Tustin Parks and Recreation Breakfast with Santa event; mentioned Council
Member Gomez was in attendance; thanked the Parks and Recreation Department for the
event; received great feedback from the community; enjoys how the Parks and Recreation
partners with local community groups to bring the community together in service.
Mayor Lumbard
November 23
Attended the Orange County Fire Authority (OCFA) Board of Directors meeting; thanked
many of the individuals that have helped during the Hangar Fire incident on behalf of the
city.
Thanked city staff for all their hard work; thanked Acting City Manager, Nicole Bernard, for
her leadership during this time.
Annoucned the following upcoming event:
December 8, 2023
Christmas Tree Lighting
6:30 PM - 8:30 PM
New Location: Old Town Tustin (El Camino & 3rd Street)
Ring in the holiday season with photos with Santa, community stage performances,
children's activities, vendors, and more.
ADJOURNED at 10:39 p.m. 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.
DocuSigned by: DocuSigned by: DS
AU 1l`+LUM13ARD, ERDNP4YA88UDA,
Mayor City Clerk
City Council December 5, 2023
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