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Home My WebLink About00 CC AGENDA 2.20.24CITY 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 20, 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 20, 2024 Meeting Agenda Page 1 of 12 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 20, 2024 Meeting Agenda Page 2 of 12 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #3053 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: (1 case) A. Application For Leave To Present A Late Claim For Claim Of Thomas Conroy Obo E. S. — Claim No. 24-03, And Claim Of Thomas Conroy Obo E. S. — Claim No. 24-03 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (2 cases) A. Property APN 430-481-02, 430-481-03, 430-481-04, Address/Description 430-481-05 City Council February 20, 2024 Meeting Agenda Page 3 of 12 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 B. Property Address/Description APN 430-391-03, 27-29, 56, 58, 60-65, 79-81 Agency City of Tustin City Negotiators Nicole Bernard, Acting City Manager and Ryan Swiontek Acting Economic Development Deputy Director Negotiating Parties Brookfield Homes Southern California LLC Lennar Homes of California, LLC New Home Company Southern California Under Negotiation Price and Terms of Payment 7. LABOR NEGOTIATIONS — [Government Code § 54957.61: Agency Negotiators: Derick Yasuda, Director of Human Resources Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association —Management Unit (TPMA) Employee Organization: Tustin Police Officers Association —Officer Unit (TPOA) Employee Organization: Tustin Police Support Services Management Association (TPSSMA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employees Employee Organization: Unrepresented Executive Management and Management Employees City Council February 20, 2024 Meeting Agenda Page 4 of 12 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — #3053 INVOCATION - Deacon Bill Weeks, St. Cecilia Church PLEDGE OF ALLEGIANCE — Council Member Letitia Clark PRESENTATIONS — • Black History Month Proclamation • 211 OC Proclamation • Navy North Hangar Status Update 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 - 12) 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 FEBRUARY 6, 2024. City Council February 20, 2024 Meeting Agenda Page 5 of 12 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 6, 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 $984,193.18 and Demands in the amount of $9,643,384.38. 4. FISCAL YEAR 2022-2023 AUDIT REPORTS The financial statement audit for the 2022-2023 fiscal year has been completed by Davis Farr LLP, which reflects an "unmodified", or clean opinion that the City's financial statements for the fiscal year are presented fairly. Jennifer Farr, the audit partner from Davis Farr LLP discussed the results of the audit with the Audit Commission on January 25, 2024. Recommendation: It is recommended that the City Council receive and file the fiscal year 2022-2023 audit reports. 5. SECOND AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC (AT&T) FOR EXISTING WIRELESS FACILITIES AT TUSTIN SPORTS PARK (12850 ROBINSON DRIVE) Second Amendment to Communications Site License Agreement between the City of Tustin and New Cingular Wireless PCS, LLC (AT&T). The Amendment would allow New Cingular Wireless PCS, LLC to make additional improvements to an existing communications site as described in Exhibit 3-13 of the attachment. Recommendation: It is recommended that the City Council take the following actions: 1. Approve the attached Second Amendment to Communications Site License Agreement with New Cingular Wireless PCS, LLC; and 2. Authorize the Acting City Manager to execute this Second Amendment. 6. NOTICE OF COMPLETION FOR THE LEGACY ANNEX TENANT IMPROVEMENT PROJECT (CIP No. 10087) Construction for the Legacy Annex Tenant Improvement Project (CIP No. 10087) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that the City Council: City Council February 20, 2024 Meeting Agenda Page 6 of 12 1. Adopt Resolution No. 24-12 accepting the Legacy Annex Tenant Improvement Project (CIP No. 10087); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 24-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE PUBLIC WORKS AND IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE LEGACY ANNEX TENANT IMPROVEMENT PROJECT (CIP NO. 10087) 7. ADOPT RESOLUTION NO. 24-10 TO ACCEPT IMPROVEMENTS FOR THE FISCAL YEAR 2022-2023 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 4, CIP NO. 70022 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Fiscal Year 2022-2023 Roadway Rehabilitation and Sidewalk Repair Project - Zone 4 (CIP No. 70022), has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that the City Council take the following actions: Adopt Resolution No. 24-10 accepting the construction of the Fiscal Year 2022-2023 Roadway Rehabilitation and Sidewalk Repair Project - Zone 4 (CIP No. 70022); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 24-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE PUBLIC WORKS AND IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE FY 2022-23 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 4 (CIP NO. 70022) 8. ADOPT RESOLUTION NO.24-09 TO ACCEPT IMPROVEMENTS FOR THE JOINT PROJECT WITH THE COUNTY OF ORANGE FOR ROADWAY MAINTENANCE WITHIN SHARED BOUNDARY AREAS - NORTHWEST TUSTIN, CIP NO. 70022 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the joint project with the County of Orange and City of Tustin for street maintenance located at shared boundaries on Newport Avenue, Warren Avenue and 17th/Prospect has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. City Council February 20, 2024 Meeting Agenda Page 7 of 12 The joint project is part of the County of Orange Public Work's Annual Major Maintenance Project titled Northwest Tustin (South of 17th Street) with Newport Avenue, JOC 2022-23, and is consistent with the County's Job Order Contract (JOC) Master Agreement for Pavement Maintenance. Orange County Public Works has taken the lead for the project and the joint work was aligned and coordinated with the annual maintenance plans for both jurisdictions. Recommendation: It is recommended that the City Council take the following actions: 1. Adopt Resolution No. 24-09 accepting the construction of the Joint Project with the County of Orange and City of Tustin street maintenance within shared boundary areas (Northwest Tustin - Newport Ave, Warren Ave, and 17th/Prospect), CIP NO. 70022; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 24-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE PUBLIC WORKS AND IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE JOINT PROJECT WITH THE COUNTY OF ORANGE AND CITY OF TUSTIN STREET MAINTENANCE WITHIN SHARED BOUNDARY AREAS (NORTHWEST TUSTIN — NEWPORT AVE, WARREN AVE AND 17TH/PROSPECT) (CIP 70022) 9. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE BARK BARRACKS AT TUSTIN LEGACY PARK CIP NO. 20091 The plans and specifications for the Bark Barracks at Tustin Legacy Park (CIP No. 20091) have been substantially completed, pending final approval by the City Engineer. Recommendation: It is recommended that the City Council: 1. Appropriate $390,000 from the Land Sale Proceeds Fund (Fund 189); 2. Adopt Resolution No. 24-15, approving the plans and specifications for the Bark Barracks at Tustin Legacy Park project (CIP No. 20091); and 3. Authorize the City Clerk to advertise to receive bids, subject to final approval by the City Engineer. RESOLUTION NO. 24-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE BARK BARRACKS AT City Council February 20, 2024 Meeting Agenda Page 8 of 12 TUSTIN LEGACY PARK (CIP No. 20091) AND AUTHORIZING ADVERTISEMENT FOR BIDS 10. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) ESTABLISHMENT OF PARK FEE FOR RENTAL UNIT CONSTRUCTION This report is a follow-up to the December 5, 2023 City Council meeting where the City Council directed staff to prepare resolutions for applicable policy options identified in the Mayor's Economic Development Ad -Hoc Committee's recommendation list. This item is the implementation of the policy option to set the fee in -lieu of parkland dedication ("park fee") assessed for residential projects in the Downtown Commercial Core Specific Plan (DCCSP) to match the Red Hill Avenue Specific Plan (RHASP). Specifically, this includes setting the "market" value of land in the DCCSP area to $2.5 million per acre for the purposes of calculating park fees. As further explained below, staff is proposing to modify park fees only for non - subdivision (rental) projects in the DCCSP at this time. Staff requests that the City Council direct staff to seek a consultant to study the appropriate park fee structure for (for -sale) residential projects subject to the Tustin Subdivision Code, and to return with a recommendation at such a time that the analysis is complete. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 24-13 setting the value of land in the DCCSP area to $2.5 million per acre for the purposes of park fee calculation for projects that do not include subdivision, and, 2. Direct staff to seek a consultant to study the appropriate park fee structure for residential projects subject to the Tustin Subdivision Code, and to return with a recommendation upon further study. RESOLUTION NO. 24-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING FEES IN -LIEU OF PARKLAND DEDICATION FOR CERTAIN RESIDENTIAL DEVELOPMENTS LOCATED WITHIN THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AREA 11. APPROVE COOPERATIVE AGREEMENT NO. C-3-2436 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT Staff is requesting that the City Council approve Cooperative Agreement No. C-3- 2436 with the Orange County Transportation Authority (OCTA) for implementation of the Countywide Signal Synchronization Baseline Project (Project). The Project is based on the recently completed Countywide Signal Synchronization Plan Study completed by OCTA and who will be the lead agency in implementing the Project. Recommendation: It is recommended that the City Council approve Cooperative Agreement No. C-3-2436 with the Orange County Transportation Authority for the City Council February 20, 2024 Meeting Agenda Page 9 of 12 Countywide Signal Synchronization Baseline Project, and authorize the Acting Director of Public Works and City Clerk to execute the agreement on behalf of the City. 12. LEGISLATIVE UPDATE Recap of 2023 Legislative activities by the City's advocacy consultant Townsend Public Affairs (TPA), consideration of 2024 Legislative Platform and updates on legislative activity at the state and federal level. Recommendation: 1. Adopt 2024 Legislative Platform 2. Receive and file legislative update prepared by TPA PUBLIC HEARING ITEM 13 13. CODE AMENDMENT (CA) 2024-0001 (ORDINANCE NO. 1540) — CANNABIS BUSINESSES AND ACTIVITY This project would amend Tustin City Code (TCC) Sections 3141, 3152, 9270, and 9297 related to the regulation of cannabis businesses and activity within the City. Proposed CA 2024-0001 would update the TCC to ensure that it is not inconsistent with the Medicinal Cannabis Patients' Right of Access Act, that became effective on January 1, 2024. On January 23, 2024, the Planning Commission held a public hearing for the proposed project and adopted Resolution No. 4481, recommending that the City Council adopt Ordinance No. 1540. Recommendation: That the City Council introduce and have first reading by title only of Ordinance 1540 for CA 2024-0001 to amend TCC Sections 3141, 3152, 9270, and 9297 related to the regulation of cannabis businesses and activity within the City and set second reading at the next City Council meeting. ORDINANCE NO. 1540 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTIONS 3141, 3152, 9270, AND 9297 TO UPDATE THE CITY'S BUSINESS AND LAND USE REGULATIONS PERTAINING TO CANNABIS BUSINESSES (CODE AMENDMENT 2024-0001) REGULAR BUSINESS ITEM 14 14. MID -YEAR BUDGET REVIEW FOR FISCAL YEAR 2023-2024 City Council February 20, 2024 Meeting Agenda Page 10 of 12 This report provides the City Council with a Mid -Year Budget Review of Fiscal Year 2023-2024, which projects General Fund operating revenues to be $4.1 million higher than the amended budget and General Fund operating expenditures to be $2.2 million higher than the amended budget. The report also projects the General Fund reserves to be $25 million as of June 30, 2024 (or 25% of General Fund operating expenditures) if the Navy reimburses the City in full for the Hangar Fire Incident costs. In the absence of the Navy's reimbursement, the General Fund reserves are projected to be $17 million (or 17% of General Fund operating expenditures) as of June 30, 2024. Under either scenario, the General Fund continues to meet the City Council's minimum reserve policy of 15%. Recommendation: Staff recommends that the City Council: 1. Authorize an increase of $4,069,529 to the General Fund's revenue budget based on projected amounts outlined in this report; 2. Authorize an increase to General Fund's appropriations for Economic Development Department ($299,975), Police Department ($1,803,885), Parks and Recreation Department ($138,921), and Non -Departmental ($428,979); 3. Authorize staffing changes to the Position Control List enclosed with the attached MidYear Budget Review report; 4. Authorize an increase of $1,987,637 to the revenue budget of the Water Enterprise and Water Capital Funds based on projected amounts outlined in this report; 5. Approved carryover budgets and authorize supplemental appropriations to the capital project budget of the Water Capital Fund based on amounts outlined in this report; 6. Authorize an increase of $202,000 to Water Fund appropriations for interest obligation and bond issuance costs related to the 2024 Water Revenue Bonds; 7. Authorize a transfer of $1 million from the Water Emergency Reserve Fund to the Water Rate Stabilization Reserve Fund, as recommended in the FY 2024 Cost -of -Service Rate Study Report that was approved by the City Council on December 5, 2023; 8. Authorize supplemental appropriations and revenue adjustments for other funds as outlined in this report; 9. Approve carryover budgets and authorize supplemental appropriations for capital projects outlined in this report; and 10.Approve allocation of unencumbered American Rescue Plan Act (ARPA) funds to cover the cost of hiring public employees from July 1, 2023 to June City Council February 20, 2024 Meeting Agenda Page 11 of 12 30, 2026. The current unencumbered ARPA Fund Balance is approximately $1.7 million. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, March 5, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. City Council February 20, 2024 Meeting Agenda Page 12 of 12