HomeMy WebLinkAbout00 CC AGENDA 4.16.24CITY 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 16, 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
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HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER
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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
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HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE
To join to the Zoom web conference from any phone (landline or wireless), dial
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City Council April 16, 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
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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.
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a. The items may be on the agenda or not on the agenda.
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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 16, 2024
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CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3056
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. LABOR NEGOTIATIONS — [Government Code § 54957.6]:
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:
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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:
6. 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 — #3056
INVOCATION - Fr. Khoi, St. Cecilia Church
PLEDGE OF ALLEGIANCE — Council Member Gomez
PRESENTATION —
• 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
City Council April 16, 2024
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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 - 8)
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 SPECIAL CLOSED SESSION MEETING OF THE
CITY COUNCIL HELD ON MARCH 5, 2024, THE REGULAR MEETING OF THE
CITY COUNCIL HELD ON MARCH 5, 2024, THE SPECIAL CLOSED SESSION
MEETING OF THE CITY COUNCIL HELD ON APRIL 1, 2024, THE SPECIAL
CLOSED SESSION MEETING OF THE CITY COUNCIL HELD ON APRIL 2, 2024,
THE REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 2, 2024.
Recommendation: That the City Council approve the Action Minutes of the Special
Closed Session Meeting of the City Council held on March 5, 2024, the Regular
Meeting of the City Council held on March 5, 2024, the Special Closed Session
Meeting of the City Council held on April 1, 2024, the Special Closed Session Meeting
of the City Council held on April 2, 2024, the Regular Meeting of the City Council held
on April 2, 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 $940,376.40 and Demands in the amount of $12,851.344.44.
4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1536 - CODE
AMENDMENT 2024-0002 (CODE STREAMLINING AND IMPROVEMENT
PROGRAM)
Adoption of Ordinance No. 1536 amends Tustin City Code (TCC) Article 9 (Land
Use) as part of the Community Development Department's Code Streamlining and
Improvement Program. The proposed Code Amendment also streamlines the
entitlement process in order to increase effectiveness and efficiency.
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1536.
ORDINANCE NO. 1536
City Council April 16, 2024
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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 THE CODE
STREAMLINING AND IMPROVEMENT PROGRAM TO PROVIDE CLARITY,
CONSISTENCY OF TERMS AND DEFINITIONS, AND COMPLIANCE WITH STATE
LAW.
5. 2022-2023 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT, 2023
HISTORIC AND CULTURAL RESOURCES ADVISOR (HCRA) ANNUAL REPORT,
AND THE 2024 HCRA WORK PROGRAM
This report provides the City Council with the required annual reports summarizing
the accomplishments and actions taken by the Planning Commission, acting as the
Historic and Cultural Resources Advisor, during the 2023 calendar year; a Certified
Local Government (CLG) Annual Report for the October 1, 2022 through September
30, 2023 reporting period; and, the HCRA's 2024 annual work program.
Recommendation:
1. That the City Council receive and file the 2022-2023 CLG Annual Report
(Attachment A) and direct staff to forward the Annual Report to the State Office
of Historic Preservation (OHP).
2. That the City Council receive and file the 2024 HCRA Work Program, as
described in Attachment D.
6. SET A PUBLIC HEARING FOR JUNE 4, 2024, PURSUANT TO THE
REQUIREMENTS OF PROPOSITION 218 TO CONSIDER THE ESTABLISHMENT
OF SOLID WASTE RATES FOR FY 2024/25
Pursuant to Proposition 218, a public hearing is required to set solid waste rates.
Staff is requesting the City Council set a public hearing for June 4, 2024, at 7:00 p.m.
to consider rates for FY 2024/25 and confirm the rate adjustment methodology for
the remainder of the City's agreement with CR&R.
Recommendation: Staff recommends that the City Council set a public hearing for
June 4, 2024, at 7:00 p.m. to consider rate adjustments for FY 2024/25 and confirm
the rate adjustment methodology for the remainder of the City's agreement with
CR&R.
7. 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, and at its regular meeting
March 5, 2024, the Council reviewed and determined the need to continue the local
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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 Resolution 24-25
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, in the form attached hereto as Attachment 3.
RESOLUTION 24-25
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
8. REQUEST TO INCREASE REVENUE BUDGET AND APPROPRIATION BASED
ON THE FOURTH AMENDMENT TO THE COOPERATIVE AGREEMENT WITH
THE NAVY AS RELATED TO THE NORTH HANGAR FIRE INCIDENT
The City entered into a fourth 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 $36,924,796.28 for a current
not -to -exceed reimbursement total of $61 million from the Navy. The City estimates
the remaining balance of the emergency response costs that the City is incurring on
the Navy's behalf, currently at more than $18 million, will be addressed in subsequent
Cooperative Agreement amendments.
Recommendation: It is recommended that the City Council increase revenue
budget and related appropriation by $36,924,796.28 as outlined in the fourth
amendment to the Cooperative Agreement between the City and Navy.
PUBLIC HEARING ITEM 9
9. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE YEAR ACTION
PLAN FOR PROGRAM YEAR 2024-25
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. To participate in
the CDBG program, the City is required to prepare a Consolidated Plan that identifies
needs for affordable and supportive housing, community development, public
services, and economic opportunities. The Consolidated Plan is required every five
(5) years and was most recently adopted by the City Council on April 21, 2020.
Annually, the City is also required to prepare a one-year Action Plan that implements
the goals and objectives contained in the Consolidated Plan. The proposed 2024-25
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Action Plan set forth in Resolution No. 24-23 (Attachment A) fulfills this annual
requirement.
Recommendation: That the City Council adopt Resolution No. 24-23:
1. Approving the Program Year (PY) 2024-25 Action Plan and funding allocations
totaling approximately $750,000; authorize submission of the PY 2024-25
Action Plan to the U.S. Department of Housing and Urban Development
(HUD); and,
2. Authorizing the Community Development Department to enter into contracts
with CDBG subrecipients for public services, non-public services, and fair
housing services.
RESOLUTION NO. 24-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING THE ACTION PLAN FOR PROGRAM YEAR 2024-25 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR SUBMISSION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
REGULAR BUSINESS ITEMS 10-11
10. PARKS & RECREATION DEPARTMENT ANNUAL REPORT 2023
The Parks & Recreation Department's Annual Report summarizes the Department's
activities throughout 2023.
Recommendation: It is recommended that the City Council receive and file the report.
11. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) AND RED HILL
AVENUE SPECIFIC PLAN (RHASP) REVISIONS UPDATE
On December 5, 2023, the City Council was provided an assessment of the
Downtown Commercial Core Specific Plan (DCCSP) and the Red Hill Avenue
Specific Plan (RHASP), which identified potential revisions to remove barriers to
redevelopment and better align the specific plans with the real estate market. The
assessment was prepared by Economic Planning Systems (EPS), Inc., who provided
the City Council with a summary of findings and policy options. The Council received
and filed the report and directed staff to bring forward the recommended policy
actions at future Council meetings, for individual consideration and action.
Since that time, the City Council has taken action on two recommended items. On
February 20, 2024, the City Council approved a policy action regarding parkland in -
lieu of dedication fee ("park fee") assessed for residential rental projects in the
DCCSP and RHASP; and on March 5, 2024, the City Council took action regarding
the City's voluntary workforce housing ordinance by temporarily suspending the
affordable housing in -lieu fee for 36 months.
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This report provides a status update on the remaining near- and mid-term policy
options to be considered by the City's Planning Commission and subsequently
presented to the City Council.
Recommendation:
That the City Council direct staff to implement the following items:
1. Provide initial findings and recommendations to the Planning Commission in
June 2024 and initiate Specific Plan Amendments thereafter on the following
items:
• Reductions in residential parking standards.
• Modifications to private storage area requirements.
2. Provide initial findings and recommendations to the Planning Commission in
Fall 2024 and initiate Specific Plan Amendments thereafter on the following
items:
• Modifications to the types of land uses allowed (i.e., retail, mixed -use
and residential), including ground floor retail requirements, at key nodes
within the DCCSP and RHASP.
• Revisions, if applicable, to retail and mixed -use parking standards in
the DCCSP and RHASP.
• Modify height restrictions where historic preservation is not a concern.
3. Initiate Specific Plan Amendment to eliminate the Residential Allocation
Reservation (RAR) Program contained in the DCCSP and RHASP in Winter
2024, in correlation with the adoption of Objective Design Standards (ODS).
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, May 7, 2024, for the Closed
Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council April 16, 2024
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