HomeMy WebLinkAbout00 CC AGENDA 3.5.24CITY 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
MARCH 5, 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
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1. PARTICIPATING DURING A MEETING
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Meeting ID: 940 8640 1921
Passcode: 600222
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City Council March 5, 2024
Meeting Agenda Page 1 of 11
When prompted use the below Meeting ID and Passcode:
Meeting ID: 940 8640 1921
Passcode: 600222
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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.
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SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
4:30 P.M.
CALL TO ORDER —
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. 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
5. LABOR NEGOTIATIONS — [Government Code § 54957.61:
Agency
Negotiators:
Derick Yasuda, Director of Human Resources
Employee
Organization:
Tustin Municipal Employees Association
Employee
Organization:
Tustin Police Officers Association —Management Unit
Employee
Organization:
Tustin Police Officers Association —Officer Unit
Employee
Organization:
Tustin Police Support Services Management Association
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Employee
Organization:
Tustin Police Support Service Association
Employee
Organization:
Unrepresented Confidential Employees
Employee
Organization:
Unrepresented Supervisory Employees
Employee
Organization:
Unrepresented Executive Management and Management
Employees
Employee
Organization:
Unrepresented Part -Time Employees
6. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957):
Consultation with Police Chief
REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — #3054
INVOCATION - Rev. Tim Ellington, Aldersgate Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Schnell
PRESENTATIONS —
• Red Cross Month 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 - 13)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
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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 20, 2024.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on February 20, 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 $1,027,600.77 and Demands in the amount of $11,548,445.19.
4. RESOLUTION DETERMINING THE NEED TO CONTINUE THE PROCLAIMED
LOCAL EMERGENCY RELATED TO THE NAVY NORTH HANGAR
At its meeting on November 10, 2023, the City Council ratified the Acting City
Manager's Proclamation of Local Emergency related to the fire at the Navy's North
Hangar and release of chemicals of public health concern, including asbestos. At a
special meeting of the City Council on January 9, 2024, the Council reviewed and
determined the need to continue the local emergency. This item recommends that
the City Council once again review and determine that the need exists to continue
the local emergency, as required by State law.
Recommendation: It is recommended that the City Council adopt the attached
Resolution 24-20 determining the need exists to continue the local emergency related
to the fire and release of chemicals of public health concern, including asbestos, from
the Navy's North Hangar.
RESOLUTION 24-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING THE NEED TO CONTINUE LOCAL EMERGENCY RELATED TO
FIRE AND RELEASE OF HAZARDOUS MATERIALS FROM NAVY NORTH
HANGAR
5. 2023 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION
MONITORING STATUS REPORT FOR FEIS/EIR FOR TUSTIN LEGACY
SPECIFIC PLAN
The California Government Code requires that the Planning Commission provide an
annual progress report to the City Council on the status of the City's General Plan
and the progress in its implementation, including the progress in meeting our share
City Council March 5, 2024
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of regional housing needs and efforts to remove governmental constraints to housing
development, maintenance, and improvement.
In addition, the City Council certified the Program Final Environmental Impact
Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of
MCAS Tustin along with its Supplemental and Addendums. The FEIS/EIR evaluated
the environmental impacts of the reuse and disposal of MCAS-Tustin, which included
the adoption of a Mitigation Monitoring and Reporting Program (MMRP) pursuant to
CEQA Guidelines Section 15097. The MMRP requires annual review to ensure
compliance with required mitigations.
On February 27, 2024, the Planning Commission reviewed the General Plan Annual
Report and the Tustin Legacy Annual Mitigation Monitoring Status Report and
authorized staff to forward the reports to the City Council. With Council authorization,
staff will forward the General Plan Annual Report to the California Department of
Housing and Community Development (HCD) and Office of Planning and Research
(OPR) in fulfillment of the State's requirement, and receive and file the Tustin Legacy
Annual Mitigation Monitoring Status Report.
Recommendation: That the City Council:
• Authorize staff to forward the General Plan Annual Report to the State OPR
and HCD; and
• Receive and file the Tustin Legacy Annual Mitigation Monitoring Status Report
and authorize staff to submit a subsequent report when considerable and
significant activities occur.
6. REQUEST TO INCREASE REVENUE BUDGET AND APPROPRIATION BASED
ON THE THIRD AMENDMENT TO THE COOPERATIVE AGREEMENT WITH THE
NAVY AS RELATED TO THE NORTH HANGAR FIRE INCIDENT
The City expects to enter into a third amendment to the Cooperative Agreement with
the U.S. Department of the Navy (Navy) to implement an emergency response
related to the North Hangar Fire Incident. Staff is requesting the City Council's
approval to increase revenue budget and related appropriation by the Navy's
reimbursement amount specified in the third amendment. The City expects the third
amendment will increase the reimbursement amount pledged by the Navy by
approximately $13 million — for a current not to exceed total of approximately $24
million. The City expects the balance of costs, currently estimated at more than $50
million, the City is incurring on the Navy's behalf to be pledged for reimbursement by
the Navy in subsequent amendments.
Recommendation: It is recommended that the City Council increase revenue budget
and related appropriation by the Navy's reimbursement amount outlined in the third
amendment to the Cooperative Agreement.
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7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1540 (CODE
AMENDMENT (CA) 2024-0001 - CANNABIS BUSINESSES AND ACTIVITY)
Adoption of Ordinance No. 1540 amends Tustin City Code (TCC) Sections 3141,
3152, 9270, and 9297 pertaining 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.
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1540.
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)
8. AWARD OF CONTRACT FOR THE CONSTRUCTION OF CENTENNIAL PARK
IMPROVEMENTS PROJECT, CIP NO. 20090
Staff is requesting the City Council award a construction contract to the lowest
responsive/responsible bidder for the Centennial Park Improvements Project, CIP
No. 20090.
Recommendation: It is recommended that the City Council:
1. Award the construction contract to Elegant Construction, Inc., the lowest
responsive/responsible bidder, in the amount of $4,683,474.71, and authorize
the Mayor and the City Clerk to execute the contract documents on behalf of
the City; and
2. Appropriate $450,000 from the Land Sale Proceeds Fund (Fund 189).
9. AWARD CONTRACT FOR THE ANNUAL ROADWAY REHABILITATION AND
SIDEWALK REPAIR PROJECT - ZONE 5, CIP NO. 70023
Staff is requesting the City Council award a construction contract to the lowest
responsive/responsible bidder for the Annual Roadway Rehabilitation and Sidewalk
Repair Project for Zone 5, CIP No. 70023.
Recommendation: It is recommended that the City Council:
1. Award a construction contract to the lowest responsive/responsible bidder,
Onyx Paving Company, Inc. in the amount of $3,869,000 for the Annual
Roadway Rehabilitation and Sidewalk Repair Project - Zone 5, CIP No. 70023
and authorize the Mayor and the City Clerk to execute the contract documents
on behalf of the City; and
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2. Appropriate $2,800,000 from the Gas Tax Fund (Fund 130) and $1,600,000
from the Road Maintenance and Rehabilitation Allocation Fund (Fund 140).
10. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE CIVIC CENTER ALTERNATE POWER SOURCE PROJECT,
CIP NO. 10069
The plans and specifications for the Civic Center Alternate Power Source Project
(CIP No. 10069) have been prepared and the project is now ready for bid.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 24-17 approving the plans and specifications for the
Civic Center Alternate Power Source Project (CIP No. 10069); and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 24-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONS FOR THE CIVIC CENTER
ALTERNATE POWER SOURCE PROJECT, CIP NO. 10069 AND AUTHORIZING
ADVERTISEMENT FOR BIDS
11. AUTHORIZING USE OF THE OMNIA PARTNERS PURCHASING PROGRAM TO
ENTER INTO AN AGREEMENT FOR THE TUSTIN SPORTS PARK ROOF
REPLACEMENT PROJECT, CIP NO. 20095
Staff is requesting authorization to award the Tustin Sports Park Roof Replacement
Project, CIP No. 20095, through use of the OMNIA Partners Purchasing Program.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 24-16 authorizing the use of OMNIA Partners; Contract
# PW1925 with Garland DBS, Inc. for the purchase, installation and warranty
in the amount of $365,399; and
2. Reallocate $310,000 of Park Development Funds (Fund 131) from the Annual
Major Park Maintenance Program (CIP 20054) to the Tustin Sports Park Roof
Replacement Project (CIP 20095); and
3. Appropriate $55,399 from the Park Development Fund (Fund 131) for
completion of the project; and
4. Authorize the Mayor and the City Clerk to execute the contract documents on
behalf of the City.
RESOLUTION NO. 24-16
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING USE OF THE OMNIA PARTNERS PURCHASING PROGRAM TO
PURCHASE CERTAIN ITEMS FOR THE TUSTIN SPORTS PARK ROOF
REPLACEMENT PROJECT, CIP NO. 20095
12. COLUMBUS TUSTIN PARK DUGOUT MURAL PUBLIC ART PROJECT
At their February 21, 2024, meeting, the Public Art Commission selected a design for
the Columbus Tustin Park Dugout Mural to recommend to the City Council for final
approval.
Recommendation: It is recommended that the City Council adopt Resolution 24-18
approving the wall mural design, submitted by artist Mer Young, to be installed on an
exterior dugout wall at Columbus Tustin Park and authorize the Parks and Recreation
Department to execute an agreement with the artist.
RESOLUTION NO. 24-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING THE ARTWORK FOR THE COLUMBUS TUSTIN PARK DUGOUT
MURAL AS RECOMMENDED BY THE PUBLIC ART COMMISSION AND
AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AN
AGREEMENT WITH THE ARTIST
13. "MAKE A HOUSE A HOME" GIFTED PUBLIC ART SCULPTURE
The Public Art Commission has approved the acceptance and installation of the
"Make a House a Home" gifted public art sculpture with a recommendation to the City
Council for final approval.
Recommendation: It is recommended that the City Council adopt Resolution 24-19
approving the acceptance and installation of the "Make a House a Home" gifted
public art sculpture from artist Hiromi Takizawa, at the island on El Camino Way.
RESOLUTION NO. 24-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING THE ACCEPTANCE AND INSTALLATION OF THE "MAKE A HOUSE
A HOME" GIFTED PUBLIC ART SCULPTURE AT THE EL CAMINO WAY ISLAND
AS RECOMMENDED BY THE PUBLIC ART COMMISSION
PUBLIC HEARING ITEM 14
14. COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENTS
PERFORMANCE EVALUATION
The Housing and Community Development Act of 1974, as amended, established
the Community Development Block Grant (CDBG) program to return federal funds to
local communities for the purpose of developing viable urban communities by
providing decent housing, suitable living environments, and by expanding economic
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opportunities, specifically for low- and moderate -income persons. The City of Tustin's
CDBG grant award for the 2024-25 program year is anticipated to be approximately
$750,000 based on the prior year funding allocation provided by the federal
Department of Housing and Urban Development (HUD).
Pursuant to CDBG program regulations, to carry out the program, the City will need
to have at least two public hearings. One hearing is conducted during the preparation
of the Action Plan, and another for the adoption of the Action Plan. This is the first
public hearing, with the purpose to inform interested citizens about the CDBG
program, obtain citizens' views on CDBG priorities, and to provide a report on the
performance of the nine (9) current year public service CDBG fund subrecipients
(also known as non-profit subrecipients).
Recommendation: That the City Council:
1. Hold the first required public hearing to receive public input and testimony;
and,
2. Review the current Consolidated Plan priorities and consider non-profit
subrecipient's performance evaluations, and approve continued funding for
Year 2.
REGULAR BUSINESS ITEM 15-16
15. TEMPORARY SUSPENSION OF AFFORDABLE HOUSING IN -LIEU FEE
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, for a
period of 36 months, temporarily suspend the affordable housing in -lieu fee for
residential projects located in the Downtown Commercial Core Specific Plan
(DCCSP) and Red Hill Avenue Specific Plan (RHASP) areas.
The City Council will be asked for direction in April for review of the current Voluntary
Workforce Housing Program's (mid-term goal) effectiveness and feasibility analysis
to optimize rules consistency with the Housing Element, evolving State laws, and
economic consideration.
Recommendation: It is recommended that the City Council adopt Resolution No.
24-14, temporarily suspending the affordable housing in -lieu fee for 36 months for
residential projects located in the DCCSP and RHASP areas.
RESOLUTION NO. 24-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
SUSPENDING AFFORDABLE HOUSING IN -LIEU FEES FOR CERTAIN TYPES OF
RESIDENTIAL DEVELOPMENT PROJECTS IN THE DOWNTOWN COMMERCIAL
CORE SPECIFIC PLAN AND RED HILL AVENUE SPECIFIC PLAN AREAS
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16. PROPOSED FORM OF ORDINANCE TO AMEND THE CITY'S TERM LIMITS FOR
MAYOR AND CITY COUNCIL MEMBERS
In accordance with the City Council's direction at its January 16, 2024, meeting, this
item returns to the Council for consideration and approval of the attached form of City
ordinance that would, if approved by Tustin's voters at the November 2024 election,
amend the City's term limits.
Recommendation: Staff recommends that the City Council:
1. Approve the form of the attached Ordinance 1542 for inclusion with a measure
to be placed before Tustin's voters at the November 5, 2024, election; and
2. Direct staff to return to the Council with proposed resolutions related to calling
the election on November 5, 2024, for: (1) the proposed term limits measure,
and (2) the elections for Council Districts 1, 2 and 4 in accordance with Tustin
City Code section 1309 d.(2)(d).
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, March 19, 2024, for the
Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council March 5, 2024
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