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Home My WebLink About00 CC AGENDA 4.2.24CITY 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 APRIL 2, 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 April 2, 2024 Meeting Agenda Page 1 of 9 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 April 2, 2024 Meeting Agenda Page 2 of 9 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #3055 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 § 54956.95]: (7 cases) A. Claim No. 23-55, Claim of Salvador Morales B. Claim No. 23-57, Claim of Mercury OBO Rodolfo Saurez C. Claim No. 23-65, Claim of Daniz Erkan D. Claim No. 24-02, Claim of Peyvand Alavizadeh E. Claim No. 24-06, Claim of Anthony Valdivia F. Claim No. 24-07, Claim of Karen Roebuck G. Claim No. 24-08, Claim of California General Underwriters Insurance Company 5. PUBLIC EMPLOYMENT - Cal. Gov't Code § 54957(b)(1). Title: City Manager 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § City Council April 2, 2024 Meeting Agenda Page 3 of 9 54956.8]: (4 cases) A. Property Address/Description APN 430-481-02, 430-481-03, 430-481-04, 430-481-05 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 Under Negotiation Price and Terms of Payment C. Property Address/Description 430-272-11, 430-272-13, 430-272-14, 430- 272-23, 430-272-24, 430-272-27 Agency City of Tustin City Negotiators Nicole Bernard, Acting City Manager and Ryan Swiontek, Acting Deputy Director of Economic Development Negotiating Parties Sam's West Inc. Under Negotiation Price and Terms of Payment D. Property Address/Description 430-272-04, 430-272-12, 430-272-14, 430- 272-24, 430-272-27, 430-272-28, 430-461-11 Agency City of Tustin City Negotiators Nicole Bernard, Acting City Manager and Ryan Swiontek, Acting Deputy Director of Economic Development City Council April 2, 2024 Meeting Agenda Page 4 of 9 Negotiating Parties Topgolf International Under Negotiation Price and Terms of Payment 7. LABOR NEGOTIATIONS — [Government Code § 54957.61: Agency Derick Yasuda, Director of Human Resources and Peter Brown, Negotiators: Liebert Cassidy Whitmore Employee Tustin Municipal Employees Association (TMEA) Organization: Employee Tustin Police Officers Association —Management Unit (TPMA) Organization: Employee Tustin Police Officers Association —Officer Unit (TPOA) Organization: Employee Tustin Police Support Services Management Association (TPSSMA) Organization: Employee Tustin Police Support Service Association (TPSSA) Organization: Employee Unrepresented Confidential Employees Organization: Employee Unrepresented Supervisory Employees Organization: Employee Unrepresented Executive Management and Management Organization: Employees Employee Unrepresented Part -Time Employees Organization: 8. CONFERENCE WITH LABOR NEGOTIATOR — pursuant to Government Code § 54957.6: (1 case) A. Unrepresented Employee: City Manager Agency Representatives: David E. Kendig, City Attorney; Jacob Green and Greg Devereaux, Jacob Green and Associates REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — #3055 INVOCATION - Pastor Jorge Molina, Mariners Church City Council April 2, 2024 Meeting Agenda Page 5 of 9 PLEDGE OF ALLEGIANCE — Mayor Lumbard PRESENTATIONS — • Proclamation Recognizing Barbara Guerrero-Yanez for Years of Service • 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 - 7) 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 MARCH 5, 2024. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on March 5, 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 $1,028,789.23 and $990,618.94 and Demands in the amount of $11,170, 314.69. 4. LEGISLATIVE UPDATE City Council April 2, 2024 Meeting Agenda Page 6 of 9 Staff and the City's consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity. Recommendation: 1. Receive and file the updated legislative matrix as of March 20. 2. Receive and file legislative updates prepared by TPA. 5. HOUSING ELEMENT REZONE STATUS UPDATE In October 2021, the City submitted its Housing Element 2021-2029 to the California Department of Housing and Community Development for review. After making revisions based upon State feedback, the City received certification in September 2022 and the City Council adopted the State Certified Housing Element on October 4, 2022. The City of Tustin's Housing Element (HE) must demonstrate the ability to meet the assigned housing needs, established as part of the Regional Housing Needs Allocation (RHNA), through the provision of sites suitable for residential development over an eight -year period (2021 to 2029). To meet the assigned housing needs, the Housing Element identifies candidate sites that are suitable for residential development and sites that are required to be re -zoned to allow for housing development. The sites to be re -zoned include Enderle Center, Tustin Market Place and Tustin Legacy. Recommendation: It is recommended that the City Council receive and file the report. 6. POLICE OFFICER HIRING INCENTIVE PROGRAM Staff is seeking City Council approval to implement a proposed Police Officer Hiring Incentive Program to improve the City's success in recruiting, hiring, and retaining lateral Police Officers. Recommendation: Authorize the City Manager, or her designee, to implement a Police Officer Hiring Incentive Program. 7. DELEGATING AUTHORITY TO PERFORM LIABILITY CLAIMS ADMINISTRATIVE FUNCTIONS AND DETERMINE ELIGIBILITY FOR CALPERS DISABILITY RETIREMENT Adoption of the attached Resolutions will transfer the responsibility for performing liability claim administrative functions and determining an employee's eligibility for a CalPERS disability retirement from the City Council to staff. Recommendation: Staff recommends that the City Council adopt the following Resolutions: City Council April 2, 2024 Meeting Agenda Page 7 of 9 1. Resolution No. 24-21 to delegate authority to the City Manager or their designee to perform liability claim administrative functions; and 2. Resolution No. 24-22 to delegate authority to the City Manager or their designee to make determinations on Local Safety employee eligibility for a CaIPERS disability retirement. RESOLUTION NO. 24-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DELEGATING TO THE CITY MANAGER AUTHORITY TO HANDLE LIABILITY CLAIMS ADMINISTRATIVE FUNCTIONS RESOLUTION NO. 24-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DELEGATING TO THE CITY MANAGER AUTHORITY TO MAKE DISABILITY RETIREMENT DETERMINATIONS PUBLIC HEARING ITEM 8 8. CODE AMENDMENT 2024-0002 (ORDINANCE NO. 1536) — (CODE STREAMLINING AND IMPROVEMENT PROGRAM) The City's Strategic Plan identifies development streamlining as one of its goals. The proposed Code Amendment (CA) 2024-0002 is a City -initiated request to amend Tustin City Code (TCC) Article 9 (Land Use) as part of the Community Development Department's Code Streamlining and Improvement Program. The goal of the Code Streamlining and Improvement Program is to evaluate the City's land use code and propose amendments to sections that lack clarity, are outdated, or do not respond to current market trends. The proposed CA also streamlines the entitlement process in order to increase effectiveness and efficiency. The Community Development Department will continue to evaluate land use related codes and practices on a regular basis and will introduce amendments when appropriate in the future. On February 27, 2024, the Planning Commission adopted Resolution 4471 (Attachment A), recommending that the City Council adopt Ordinance No. 1536, approving CA 2024-0002. The Planning Commission Minutes are provided as Attachment B for reference. Recommendation: That the City Council introduce and have a first reading, by title only, of Ordinance No. 1536, amending various sections of Article 9 (Land Use) of the TCC relating to the Code Streamlining and Improvement Program to provide clarity, consistency of terms and definitions, and compliance with State law. ORDINANCE NO. 1536 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE, CODE AMENDMENT (CA) 2024-0002 RELATING TO City Council April 2, 2024 Meeting Agenda Page 8 of 9 THE CODE STREAMLINING AND IMPROVEMENT PROGRAM TO PROVIDE CLARITY, CONSISTENCY OF TERMS AND DEFINITIONS, AND COMPLIANCE WITH STATE LAW. REGULAR BUSINESS ITEM 9 9. 2023 YEAR IN REVIEW — COMMUNITY DEVELOPMENT DEPARTMENT The 2023 Year in Review summarizes Community Development Department's programs and activities conducted from January through December 2023. The 2023 Year in Review report highlights activities under the following categories: • Current Planning - Industrial, commercial, mixed -use, and residential development and projects under review. • Advance Planning - General Plan and code amendments, historic preservation, and Community Development Block Grant activities. • Performance Metrics - Code Enforcement, Building Division, Planning Division and Planning Concierge Services. • Streamline Tustin Initiative — Several program components and programs reducing project review time, permit issuance time, and more. Recommendation: That the City Council receive and file the report. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, April 16, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. City Council April 2, 2024 Meeting Agenda Page 9 of 9