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Home My WebLink About00 CC AGENDA 2.6.24CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Ryan Gallagher, Mayor Pro Tern Letitia Clark, Council Member Austin Lumbard, Mayor Rebecca Gomez, Council Member Ray Schnell, Council Member FEBRUARY 6, 2024 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE 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 February 6, 2024 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 February 6, 2024 Meeting Agenda Page 2 of 10 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #3052 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. 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 release of hazardous materials therefrom 4. PUBLIC EMPLOYMENT - Cal. Gov't Code § 54957(b)(1). Title: City Manager 5. LIABILITY CLAIMS — [Government Code § 54956.951: (3 cases) A. Claim No. 23-02, Claim of Sidney Wu B. Claim No. 23-17, Claim of Sidney Wu OBO: Evangelina Wu C. Claim No. 23-63, Claim of Nicholas Solis 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property APN 430-481-02, 430-481-03, 430-481-04, Address/Description 430-481-05 City Council February 6, 2024 Meeting Agenda Page 3 of 10 Agency City of Tustin City Negotiators Nicole Bernard, Acting City Manager and Ryan Swiontek Acting Economic Development Deputy Director Negotiating Parties Irvine Company Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN PUBLIC FINANCING AUTHORITY 7:00 P.M. CALL TO ORDER — #3052 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion 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 - 11) 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. City Council February 6, 2024 Meeting Agenda Page 4 of 10 2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JANUARY 16, 2024. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on January 16, 2024. 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 $1,621,640.38 and Demands in the amount of $12,335,505.44. 4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING DECEMBER 31, 2023 Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. 5. ADOPT RESOLUTION NO. 24-04 APPROVING APPLICATION FOR GRANT FUNDS FOR THE TUSTIN LEGACY PARK IMPROVEMENTS PROJECT Representative Petrie -Norris secured an appropriation of $750,000 for park improvements in the FY 23/24 California state budget for the Tustin Legacy Park Improvements Project. The California Department of Parks and Recreation is responsible for administering this appropriation. City Council adoption of the attached resolution approving the submittal of an application for this funding is required. Recommendation: Staff recommends the City Council approve Resolution No. 24- 04. RESOLUTION NO. 24-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM THE BUDGET ACT OF 2023, SEC. 19.561. (B) (30) $750,000 TO THE CITY OF TUSTIN, FOR THE CITY OF TUSTIN LEGACY PARK IMPROVEMENTS 6. ADOPT RESOLUTION NO. 24-05 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2024-2025 City Council February 6, 2024 Meeting Agenda Page 5 of 10 State law requires an engineering analysis each year to identify property benefits and to levy assessments in the Tustin Landscape and Lighting District. Resolution No. 24-05 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2024-2025. Recommendation: It is recommended that the City Council adopt Resolution No. 24-05 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2024-2025. RESOLUTION NO. 24-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2024-2025 7. SECOND AMENDMENT TO CONTRACT WITH CR&R INCORPORATED CR&R Incorporated (CR&R) is the City's exclusive provider for solid waste and recycling services. The Contract between the City and CR&R allows for annual rate increases to offset increases in the cost to provide the service. To ensure Proposition 218 compliance the City will be updating the annual rate adjustment process after a public hearing in June 2024. Contractually, annual rate increases have been adjusted using the Producer Price Index (PPI) for the prior calendar year. In an effort to meet the timeline and public notification requirements of Prop 218, staff and CR&R have agreed to amend the contract to use the October PPI to determine the rate adjustment that will take effect on July 1, 2024, and annually thereafter. Recommendation: Staff recommends the City Council approve the Second Amendment to Agreement for the Collection, Transportation, Processing and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris and Other Materials and for the Collection, Transportation and Disposal of Municipal Solid Waste; and authorize the City Clerk and Mayor to execute the Second Amendment. 8. JOINT POWERS AUTHORITY AGREEMENT WITH THE INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY Approval of a Joint Powers Authority Agreement (JPA) between the Integrated Law & Justice Agency for Orange County (ILJAOC) and the City of Tustin in order to make several amendments to the JPA. In addition, revisions have been made to the JPA in order to ensure the practices of the Board conform with the requirements of the JPA. Recommendation: 1. Approve the recommended amendments to the Governance Document of the ILJAOC Joint Powers Authority. City Council February 6, 2024 Meeting Agenda Page 6 of 10 2. Direct the City Clerk to provide a minute order to the ILJAOC Recording Secretary (Jennifer Manzella at Jennifer_manzella@ILJAOC.org), confirming the Council's action. 9. POLICE DEPARTMENT VEHICLE PURCHASE Four (4) marked Police Department patrol vehicles have been identified as needing to be replaced due to excessive mileage and/or age. Staff is recommending the purchase of four (4) 2023 Dodge Durango pursuit -rated vehicles to replace the aging patrol vehicles. Recommendation: It is recommended the City Council authorize: 1. The purchase of four (4) 2023 Dodge Durango pursuit -rated vehicles from the National Auto Fleet Group in the City of Alhambra in the amount of $224,874.84 ($56,218.71 each) as replacements for four of the aging, high - mileage vehicles scheduled for replacement. 2. The purchase of police equipment conversion packages for four (4) 2023 Dodge Durango pursuit -rated vehicles in the amount of $78,212.57 ($19,553.14 each). 3. The purchase of graphic designs from Digital Magic Signs for four (4) 2023 Dodge Durango pursuit -rated vehicles in the amount of $2,578.59 ($644.64 each). 4. The purchase of secondary battery boxes for four (4) Dodge Durango pursuit - rated vehicles in the amount of $763.44 ($190.86 each). 5. The purchase of one (1) Motorola APX 6500/Enh Series radio in the amount of $14,658.31. 6. The Public Works Department to dispose of the retired surplus vehicles at the next available public auction and credit net proceeds to the applicable City Revenue Fund. 7. The Public Works Department to dispose of the two (2) retired 2014 Ford Taurus unmarked vehicles. Unit#3506 (1 FAHP2MK5EG175306) and Unit #3507 (1 FAHP2MK1 EG178784) were both replaced by the purchase of lease vehicles during the fiscal year. 10. ADOPT RESOLUTION NO. 24-06 TO APPROVE CITY'S COMMITMENT TO PROJECTS SUBMITTED FOR INCLUSION IN THE 2025 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM The Main Street Improvement project has been submitted to the Orange County Transportation Authority (OCTA) Complete Street Program for consideration. As part of this effort the Main Street Improvement project must also be submitted for inclusion in the 2025 Federal Transportation Improvement Program (FTIP). City Council adoption of Resolution No. 24-06 will certify City resources and commitment to fund projects submitted through FTIP. City Council February 6, 2024 Meeting Agenda Page 7 of 10 Recommendation: It is recommended that the City Council adopt Resolution No. 24-06 certifying and affirming its commitment to fund the projects submitted for inclusion in the 2025 Federal Transportation Improvement Program. RESOLUTION NO. 24-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN WHICH CERTIFIES THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED IN THE FY 2024/25 — 2029/30 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM 11. PARKLAND IN -LIEU FEE WAIVER REQUEST— INTRACORP On January 17, 2023, the City Council approved a General Plan Amendment, Zone Change, Design Review, Density Bonus, Subdivision Map and Development Agreement (DA) for Intracorp to construct 40 new residential condominiums on a 2.07-acre parcel at 17802 and 17842 Irvine Boulevard. Two (2) of the 40 units will be set aside for affordable housing for Very Low -Income households. On January 10, 2024, Intracorp submitted a request for a waiver of the two (2) Very Low -Income units from park in -lieu fees. Recommendation: That the City Council adopt Resolution No. 24-11 approving the waiver of park in -lieu fees for the two (2) Very Low-income units. RESOLUTION NO. 24-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING A WAIVER OF PARKLAND IN -LIEU FEES FOR TWO (2) AFFORDABLE HOUSING UNITS LOCATED AT 17802 AND 17842 IRVINE BOULEVARD PUBLIC HEARING ITEM 12 12. RESOLUTIONS AUTHORIZING THE ISSUANCE AND SALE OF WATER REVENUE BONDS TO FINANCE IMPROVEMENTS TO THE CITY OF TUSTIN'S MUNICIPAL WATER ENTERPRISE AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS; AND A RESOLUTION APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF FIRST AMENDMENTS TO THE INDENTURE OF TRUSTS DATED AS OF SEPTEMBER 1, 2016 AND FEBRUARY 1, 2020 Approval by the City of Tustin ("City") and by the Tustin Public Financing Authority ("Authority") are requested to authorize the issuance of the Tustin Public Financing Authority, Water Revenue Bonds, Series 2024 (Subordinate Lien) (the "2024 Bonds"). Approval by the City is requested to amend the Indenture of Trusts, dated as of September 1, 2016, and February 1, 2020, by and between the City and the Bank of New York Mellon Trust Company, N.A. Recommendation: It is recommended that: City Council February 6, 2024 Meeting Agenda Page 8 of 10 1. The City Council adopt City Council Resolution 24-07 entitled: RESOLUTION APPROVING PROCEEDINGS BY THE TUSTIN PUBLIC FINANCING AUTHORITY FOR THE ISSUANCE AND SALE OF ITS TUSTIN PUBLIC FINANCING AUTHORITY (ORANGE COUNTY, CALIFORNIA) WATER REVENUE BONDS TO FINANCE IMPROVEMENTS TO THE CITY'S MUNICIPAL WATER SYSTEM APPROVING THE FORM AND AUTHORIZING EXECUTION OF RELATED DOCUMENTS AND APPROVING RELATED OFFICIAL ACTIONS 2. The Board of Directors adopt Resolution 24-01 entitled: RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF WATER REVENUE BONDS TO FINANCE IMPROVEMENTS TO THE CITY OF TUSTIN'S MUNICIPAL WATER ENTERPRISE AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS 3. The City Council adopt City Council resolution 24-08 entitled: RESOLUTION APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE INDENTURE OF TRUST, DATED AS OF SEPTEMBER 1, 2016, BY AND BETWEEN THE CITY AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., RELATING TO THE $21,515,000 CITY OF TUSTIN (ORANGE COUNTY, CALIFORNIA) 2016 WATER REFUNDING REVENUE BONDS, AND A FIRST AMENDMENT TO THE INDENTURE OF TRUST, DATED AS OF FEBRUARY 1, 2020, BY AND BETWEEN THE CITY AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., RELATING TO THE $14,910,000 CITY OF TUSTIN (ORANGE COUNTY, CALIFORNIA) TAXABLE WATER REFUNDING REVENUE BONDS, SERIES 2020 REGULAR BUSINESS ITEM 13 13. OLD TOWN TUSTIN HISTORIC VIRTUAL WALKING TOUR The Community Development Department is pleased to present a new interactive resource to the community, the Old Town Tustin Historic Virtual Walking Tour. This self -guided walking tour features 14 historic sites throughout the Old Town area, that takes participants on a journey through Tustin's history. As tour participants reach each stop, historic photos and facts about the site are accessible on any mobile device. The walking tour was created to promote interest in historic preservation in Tustin, and to generate new excitement around the City's rich history. To view the tour, visit www.tustinca.org/walkingtour or scan the QR code provided. Recommendation: It is recommended that the City Council receive and file the report. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS City Council February 6, 2024 Meeting Agenda Page 9 of 10 ADJOURNMENT - The next meeting is scheduled on Tuesday, February 20, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. City Council February 6, 2024 Meeting Agenda Page 10 of 10