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Home My WebLink AboutCC MINUTES 04.02.24DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 CITY OF TUSTIN REGULAR APRIL 2, 2024 MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Ryan Gallagher, Mayor Pro Tem 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 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #3055 at 5:32 p.m. ROLL CALL — City Clerk Present: Mayor Austin Lumbard, Mayo Members Rebecca Gomez and Absent: Council Member Letitia Clark City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; PUBLIC INPUT — None Pro Tern Ryan Gallagher, Council Ray Schnell Nicole Bernard, Acting City Manager CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to discuss Items 1-8 as they appear on the Closed Session Agenda and 6A-6D which is conference with its real property negotiators Acting City Manager Nicole Bernard and Acting Deputy Director of Economic Development; and labor negotiations with Director of Human Resources Derick Yasuda and Peter Brown, Liebert Cassidy and Whitmore as the negotiators; and labor negotiations regarding the City Manager with labor negotiators David Kendig and Jacob Green and Greg Devereaux, Jacob Green and Associates. Noted for the record that Council Member Clark will participate remotely. 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 City Council April 2, 2024 Meeting Minutes Page 1 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 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 § 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 Council April 2, 2024 Meeting Minutes Page 2 of 13 DocuSign Envelope ID: 22FEE F31-E364-4E3B-9302-EASDEED98FC4 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 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: City Council April 2, 2024 Meeting Minutes Page 3 of 13 DocuSign Envelope ID: 22FEE F31-E364-4E3B-9302-EASDEED98FC4 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 Recessed at 5:34 p.m. Council Member Clark arrived at 5:35 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — #3055 at 7:14 p.m. INVOCATION - Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE — Mayor Lumbard PRESENTATIONS — Mayor Lumbard presented a Proclamation to Recreation Coordinator Barbara Guerrero- Yanez for Years of Service to the Tustin community. IEM Representatives Spencer Kostus and Colin Cummings provided a status report regarding the Navy North Hangar. PUBLIC INPUT — City Council April 2, 2024 Meeting Minutes Page 4 of 13 DocuSign Envelope ID: 22FEE F31-E364-4E3B-9302-EASDEED98FC4 1. Marie Luebbers (In -person) 2. Maria Manon (In -person) 3. Lana Clay (Zoom) 4. Jon (Zoom) 5. Lana Clay (Zoom) CLOSED SESSION REPORT — City Attorney David E. Kendig: Council unanimously denied liability claims 23-55, 23-57, 23-65, 24-02, 24-06, 24-07, and 24-08. Council will reconvene in Closed Session after Open Session to discuss items 1, 6A, and 613 and Council gave direction to labor negotiators listed in Closed Session, items 7 and 8. Other than that there was no reportable action. CONSENT CALENDAR ITEMS 1-7 — Mayor Lumbard noted for the record that staff requested to continue Item 2 to the April 16th City Council meeting. Mayor Lumbard pulled Item 6. PUBLIC INPUT FOR THE CONSENT CALENDAR — None It was moved by Council Member Clark and seconded by Mayor Pro Tern Gallagher to continue Item 2 to the April 16th meeting, pull Item 6 and move the balance as recommended by staff. Roll Call Vote — 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 MARCH 5, 2024. Motion: The City Council continued this item to the April 16, 2024 meeting. 3. RATIFICATION OF PAYROLL AND DEMANDS City Council April 2, 2024 Meeting Minutes Page 5 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 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 $1,028,789.23 and $990,618.94 and Demands in the amount of $11,170,314.69. 4. LEGISLATIVE UPDATE Staff and the City's consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity. Motion: 1. Received and filed the updated legislative matrix as of March 20. 2. Received and filed 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. Motion: The City Council received and filed 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. Mayor Lumbard thanked Council's support in getting this item on the agenda and thanked the collective support with staff, Chief Greenberg and the Police Department for the collaboration that they have enjoyed and will continue to enjoy. It was moved by Mayor Lumbard and seconded by Mayor Pro Tern Gallagher to authorize the City Manager, or her designee, to implement a Police Officer Hiring City Council April 2, 2024 Meeting Minutes Page 6 of 13 DocuSign Envelope ID: 22FEE F31-E364-4E3B-9302-EASDEED98FC4 Incentive Program. Roll Call Vote — City Clerk Motion carried: 5-0 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 CaIPERS disability retirement from the City Council to staff. Motion: The City Council adopted the following Resolutions: 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) Assistant Director of Community Development Jay Eastman provided a PowerPoint presentation. 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 City Council April 2, 2024 Meeting Minutes Page 7 of 13 DocuSign Envelope ID: 22FEE F31-E364-4E3B-9302-EA5DEED98FC4 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. Public Hearing opened at 7:53 p.m. Public Input — None Public Hearing closed at 7:53 p.m. It was moved by Mayor Pro Tern Gallagher and seconded by Council Member Clark to 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. Roll Call Vote — City Clerk Motion carried: 5-0 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 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 Associate Planner Jorge Maldonado provided a PowerPoint presentation. 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. City Council April 2, 2024 Meeting Minutes Page 8 of 13 DocuSign Envelope ID: 22FEE F31-E364-4E3B-9302-EASDEED98FC4 • 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. The City Council received and filed the report. COUNCIL MEMBER COMMENTS AND REPORTS Council Member Schnell Announced he will be attending Orange County Fire Authority's (OCFA) and Orange County Local 3631 Firefighters' Fire Ops 101 educational training on May 4, 2024; received a fire suit fitting recently for the program. NAarr,h F Attended the Women's Day event at Chapman University; received presentations by many accomplished women sharing their professional experiences; was an amazing event. March 7 Attended the Annex at Tustin Legacy Dedication event; announced this location provides a secondary location for the Police and Parks and Recreation Departments and public activities. March 13 • Attended the Tustin Chamber of Commerce Board of Directors meeting; announced Economic Development Deputy Director, Jerry Craig, was in attendance. • Attended the Orange County Fire Authority meeting with President of Orange County Firefighters, Chris Hamm. • Attended the Public Works Department's Arbor Day event at El Camino Real Park with Mayor Lumbard; reported a tree was planted and gave a presentation to elementary school students explaining the meaning of Arbor Day. March 14 Attended the Tustin Unified School District's Golf Classic event. March 28 Attended the Orange County Council of Governments meeting; received a report on the future of infrastructure, how to increase housing and water trends. March 30 Attended the Tustin Parks and Recreation's Easter Egg Hunt event with Mayor Lumbard City Council April 2, 2024 Meeting Minutes Page 9 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 and Mayor Pro Tern Gallagher; was an impressive turn out even with the rainy weather. Council Member Clark Attended the Newport Bay Watershed Executive Committee meeting; reported Orange County Supervisor, Fifth District Katrina Foley, is the Chair of the Committee; received updates on projects happening all over Orange County; was inspiring to see what can be done in Tustin. March 27 Attended the Navy North Hangar site tour with California Senator Josh Newman's staff and Mayor Lumbard; reported Newman's Chief of Staff, Brendan Murphy, stated someone does not understand how large the crisis was until they are up close to it. Attended the Los Angeles Times B2B Publishing Inspirational Women Awards event; thanked Sona Shah, President of the Tustin Public Schools Foundation, for moderating the event; reported many inspiring and empowering women were honored at the event. Announced Lemonade Day is on Saturday, April 6, 2024; stated this event is to encourage and promote young entrepreneurs; asked everyone to go out and support the young entrepreneurs. Announced Girls in Government event is coming up on June 7, 2024; reported the event is open to high school seniors and college women; reported there is no fee to participate; stated discussions and workshops will be presented; thanked Acting City Manager, Nicole Bernard and City Clerk, Erica N. Yasuda for their support with the event; encouraged individuals to apply online at www.tustinca.org/girlsingov. Congratulated the One Seed Community Garden on its one-year anniversary; thanked One Seed for all the hard work securing grant funding for the garden and their partnership with the city. Council Member Gomez March 1A Attended California District 73, 2024 Women of the Year event hosted by Assemblywoman Cottie Petrie -Norris; reported Council Member Clark presented Soledad Rivera with the honor of being Tustin's Woman of the Year. March 21 Attended the Orange County Mosquito and Vector Control District Board meeting; reported the following items: • Received two presentations on the 2024 campaign that will focus on increased engagement during California Mosquito Week and National Mosquito Week; and • Received a presentation from Kosmont Realty regarding the market update on a potential new district facility; was a robust discussion on the future location of the district; and City Council April 2, 2024 Meeting Minutes Page 10 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 • Reported new policies for computers and information technology, and changes to job descriptions were approved; and • Stated a budget workshop will be held at the end of April 2024; stated the Board is working on the Strategic Plan which will be the new five-year plan along with the district mission and values statement; and • Announced a Public Information Officers (PIO) Lunch and Learn workshop will be held to inform local cities of the district's efforts; and • Reminded everyone spring is the start of mosquito season; asked everyone to remove any standing water to reduce the number of mosquitos throughout the entire summer season. March 29 Attended the Orange County (OC) Forum's event on housing options; reported an extensive discussion regarding new housing and the mix of retail with open space. Announced the Columbus Tustin Park Dugout Mural Public Art Project is complete at the corner of Irvine Boulevard and Prospect Avenue; stated it enhances the corner. March 30 Attended the Tustin Parks and Recreation's Easter Egg Hunt event; thanked the Tustin Parks and Recreation staff for their hard work to convert the event to indoors; reported many parents were appreciative of the last-minute effort transition to indoors instead of cancelling the event. Asked staff to promote Tustin as the City of Trees. Mayor Pro Tem Gallagher March 30 Attended the Tustin Parks and Recreation's Easter Egg Hunt event; was a great event; thanked all the Parks and Recreation staff for their hard work to pivot the event to indoors. Thanked the One Seed Community Garden for all the ways the community garden is connecting back to the Tustin community; asked staff to investigate creating a porthole in conjunction with a public art project in the fence to inform everyone the garden is located within. Attended three Orange County Sanitation (OC San) District meetings; stated the OC San is utilizing its low yield reserves to pay down higher interest debt in the amount of over 20 million dollars in long term savings; asked Tustin's Finance Department to seek out similar creative financial opportunities. Mayor Lumbard March 7 Attended the Annex at Tustin Legacy Dedication event; thanked city staff for their hard work City Council April 2, 2024 Meeting Minutes Page 11 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 preparing the facility. March 11 Attended a virtual meeting with Stephen Goldsmith, former Mayor of Indianapolis, Indiana; discussed incentives for attracting the right type of development to your city; reported Indianapolis has gone through a renovation as a city with its surrounding cities; stated more discussions will be coming. • Attended the Orange County Fire Authority (OCFA) Budget and Finance Committee meeting. • Attended the Public Works Department's Arbor Day event at El Camino Real Park with Council Member Schnell. March 27 Attended the Navy North Hangar site tour with California Senator Josh Newman's staff and Council Member Clark; thanked IEM consultants and Senator Newman's staff for their engagement. March 28 Attended the Orange County Fire Authority (OCFA) Board of Directors meeting. March 29 Held Mayoral Office Hours; mentioned a community group presented an idea how to save the radio tower at the Navy North Hangar site. March 30 Attended Tustin Parks and Recreation's Easter Egg Hunt event; was a great event; thanked all the Parks and Recreation staff for their hard work to pivot the event indoors; wished everyone a Happy Easter. April 2 Reported was interviewed at 9:00 a.m. by a third grader, Carter Corbit; thanked him for his participation. Council Member Gomez Mentioned the Annex at Tustin Legacy was formerly a part of South Orange County Community College District's (SOCCCD) ATEP facility; stated through time the facility was land swapped in an agreement with the City and SOCCCD; stated this shows progress. Mayor Lumbard Mentioned in 2021 he attended a stakeholder meeting with the partners on the Marine Corps Air Station (MCAS); is grateful for the partners, including South Orange County Community College District (SOCCCD) and others; stated the city will continue the outreach and keep pushing through. Recessed at 8:40 p.m. City Council April 2, 2024 Meeting Minutes Page 12 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 Reconvened at 11:22 p.m. CITY ATTORNEY REPORT — David E. Kendig: The Council took no reportable action. ADJOURNED at 11:23 p.m. 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. DocuSigned by: AU§TPNDLELMBARD, Mayor DocuSigned by: L6DS: `t',ViCa aSu�a ERDW YASU DA, City Clerk City Council Meeting Minutes April 2, 2024 Page 13 of 13