HomeMy WebLinkAbout02 CC MINUTES 3.5.24DocuSign Envelope ID: 95D788E0-2431-48113-81D81`4613131CA5B447
Agenda Item 2
Reviewed: Ds
City Manager
Finance Director N/A
CITY OF TUSTIN REGULAR MEETING MARCH 5, 2024
OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
0 COUNCIL CHAMBER
.1 VIDEO CONFERENCE
Ryan Gallagher, Mayor Pro Tern
Letitia Clark, Council Member Austin Lumbard, Mayor Nicole Bernard, Acting City Manager
Rebecca Gomez, Council Member Erica N. Yasuda, City Clerk
Ray Schnell, Council Member David E. Kendig, City Attorney
MINUTES OF THE SPECIAL CLOSED SESSION
MEETING OF THE CITY COUNCIL
4:30 P.M.
CALL TO ORDER at 4:31 p.m.
ROLL CALL — City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tern Ryan Gallagher, Council
Members Rebecca Gomez and Ray Schnell
Absent: Council Member 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 1,3,4,5 and 6, including conference with its Labor Negotiator Derick Yasuda
and consultation with the Police Chief.
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)
City Council March 5, 2024
Meeting Minutes Page 1 of 11
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]: (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 § 54957.6]:
Agency
Employee
Negotiators:
Organization:
Employee
Organization:
Employee
Organization:
Employee
Organization:
Employee
Organization:
Employee
Organization:
Employee
Organization:
Employee
Organization:
Employees
Employee Organization:
Derick Yasuda, Director of Human Resources
Tustin Municipal Employees Association
Tustin Police Officers Association —Management Unit
Tustin Police Officers Association —Officer Unit
Tustin Police Support Services Management Association
Tustin Police Support Service Association
Unrepresented Confidential Employees
Unrepresented Supervisory Employees
Unrepresented Executive Management and Management
Unrepresented Part -Time Employees
6. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957):
Consultation with Police Chief
Recessed at 4:32 p.m.
Council Member Letitia Clark arrived at 4:35 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — #3054 at 7:04 p.m.
INVOCATION - Rev. Tim Ellington, Aldersgate Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Schnell
City Council March 5, 2024
Meeting Minutes Page 2 of 11
PRESENTATIONS —
On behalf of the City Council, Council Member Ray Schnell presented a Proclamation to
Michael Gelormino, Board Member, Red Cross of Orange County recognizing Red Cross
Month.
IEM Representatives Spencer Kostus and Colin Cummings provided a status report
regarding the Navy North Hangar.
PUBLIC INPUT —
1. Susan Keefe (Zoom)
2. Deniz Erkan (Zoom)
3. Lana Clay (Zoom)
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council approved the
application to present late claim submitted by Thomas Conroy obo E.S. The Council
unanimously denied Claim No. 24-03, Claim of Thomas Conroy obo E.S. Other than that,
there was no reportable action.
CONSENT CALENDAR ITEMS 1-13 —
Mayor Lumbard pulled Item No. 6.
Public Input — None
It was moved by Council Member Gomez and seconded by Council Member Clark to pull
Item 6 and approve the balance as recommended by staff.
Roll Call — 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 FEBRUARY 20, 2024.
City Council March 5, 2024
Meeting Minutes Page 3 of 11
Motion: The City Council approved 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.
Motion: The City Council approved 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.
Motion: The City Council adopted 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
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
City Council March 5, 2024
Meeting Minutes Page 4 of 11
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.
Motion: The City Council:
Authorized staff to forward the General Plan Annual Report to the State OPR
and HCD; and
Received and filed the Tustin Legacy Annual Mitigation Monitoring Status
Report and authorized 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.
Mayor Lumbard noted that the City has not received the funds yet related to this
amendment and noted this approval is to authorize staff to use the funds when we
receive them.
It was moved by Mayor Lumbard and seconded by Council Member Clark to increase
revenue budget and related appropriation by the Navy's reimbursement amount
outlined in the third amendment to the Cooperative Agreement.
City Council March 5, 2024
Meeting Minutes Page 5 of 11
Council Member Clark proposed an amendment to the motion to direct staff to share
detailed information regarding the spending to date. Mayor Lumbard accepted the
amendment.
Roll Call Vote — City Clerk
Motion carried: 5-0
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.
Motion: The City Council had 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.
Motion: The City Council:
1. Awarded the construction contract to Elegant Construction, Inc., the lowest
responsive/responsible bidder, in the amount of $4,683,474.71, and
authorized the Mayor and the City Clerk to execute the contract documents
on behalf of the City; and
2. Appropriated $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.
City Council March 5, 2024
Meeting Minutes Page 6 of 11
Motion: The City Council:
1. Awarded 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 authorized the Mayor and the City Clerk to execute the contract
documents on behalf of the City; and
2. Appropriated $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.
Motion: The City Council:
1. Adopted Resolution No. 24-17 approving the plans and specifications for the
Civic Center Alternate Power Source Project (CIP No. 10069); and
2. Authorized 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.
Motion: The City Council:
1. Adopted 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. Reallocated $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
City Council March 5, 2024
Meeting Minutes Page 7 of 11
3. Appropriated $55,399 from the Park Development Fund (Fund 131) for
completion of the project; and
4. Authorized the Mayor and the City Clerk to execute the contract documents
on behalf of the City.
RESOLUTION NO. 24-16
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.
Motion: The City Council adopted 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 authorized 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.
Motion: The City Council adopted 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
City Council March 5, 2024
Meeting Minutes Page 8 of 11
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
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
performance of the nine (9) current year
(also known as non-profit subrecipients).
Public Hearing opened at 7:37 p.m.
priorities, and to provide a report on the
public service CDBG fund subrecipients
Management Analyst Adrianne DiLeva provided a PowerPoint presentation.
Public Input -
1. Madelynn Hirneise, Families Forward (In -person)
2. Jill Dominguez, Mary's Path (Zoom)
3. Bryan Lake, Family Promise (In -person)
Public Hearing closed at 7:55 p.m.
It was moved by Mayor Lumbard and seconded by Council Member Clark 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.
Roll Call Vote — City Clerk
Motion carried: 5-0
REGULAR BUSINESS ITEM 15-16
City Council March 5, 2024
Meeting Minutes Page 9 of 11
15. TEMPORARY SUSPENSION OF AFFORDABLE HOUSING IN -LIEU FEE
Associate Planner Jorge Maldonado provided a PowerPoint presentation.
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.
Public Input —
1. Adam Wood (In -person)
2. Eric Higuchi (Zoom)
It was moved by Mayor Lumbard and seconded by Council Member Gallagher to
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
and direct staff to have the Planning Commission review the workforce housing
ordinance and options, which includes the Building Industry Association's written
correspondence to the City Council.
Roll Call — City Clerk
Motion carried: 3-2 (Council Member Clark and Council Member Gomez dissented)
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
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.
Public Input — None
City Council March 5, 2024
Meeting Minutes Page 10 of 11
It was moved by Mayor Lumbard and seconded by Council Member Schnell to:
1. Approve staff recommendation as outlined in Ordinance 1542 with an
adjustment to the cooling off period to eight years off, 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).
City Attorney David E. Kendig read the proposed revision to subsection (b) and
clarified the proposed revision to subsection (b)(1) in Tustin City Code Section 1307:
(b) Limitation on Consecutive Elected Terms: Any person who has served as a
member of City Council or in the office of Mayor, or any combination thereof, for more
than three consecutive terms or for more than twelve consecutive years, whichever
is less, shall not be eligible to be elected to the City Council or to the office of Mayor
for a period of eight calendar years from the last date of service on the City Council
or as Mayor.
(1) If the person's service of the third consecutive term or the twelfth consecutive
year ends in December after a general election, that person shall be eligible to run
and be elected in the general election in November of the calendar year eight years
later. (For example: if a Council member's third term ends upon certification of
election results in December 2050, then that person would be eligible to be elected
in November 2058 notwithstanding that the election is less than eight full years after
the last date of service in 2050.)
Roll Call Vote — City Clerk
Motion carried: 3-2 (Council Member Clark and Council Member Gomez dissented)
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNED at 9:08 p.m. 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
Meeting Minutes Page 11 of 11