HomeMy WebLinkAbout02 CC MINUTES 4.16.24DocuSign Envelope ID: 009D57E6-9ACB-4264-ADDC-CAF3F57A8588
CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
i
Ryan Gallagher, Mayor Pro Tern
Letitia Clark, Council Member Austin Lumbard, Mayor
Rebecca Gomez, Council Member
Ray Schnell, Council Member
Agenda Item 2
Reviewed: Ds
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City Manager
Finance Director N/A
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
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3056 at 5:30 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 3, 5, and 6 as they appear on the agenda, including conference with its
labor negotiators Director of Human Resources Derick Yasuda and labor negotiators City
Attorney David E. Kendig, Jacob Green and Greg Devereaux, Jacob Green and
Associates.
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:
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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, Liebert
Negotiators:
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 Employees
Organization:
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
Recessed at 5:31 p.m.
Council Member Clark arrived at 5:34 p.m.
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — #3056 at 7:06 p.m.
INVOCATION - Fr. Khoi, St. Cecilia Church
PLEDGE OF ALLEGIANCE — Council Member Gomez
PRESENTATION —
• IEM Representatives Spencer Kostus and Colin Cummings provided a status report
regarding the Navy North Hangar.
Recessed at 7:20 p.m.
Reconvened at 7:45 p.m.
PUBLIC INPUT —
1. Susan Dobak, Tustin Historical Society
2. Euri Kim, Serving Advantage
3. Susan Keefe
4. Lana Clay
5. Carlos Trapala
6. Deniz Erkan
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council took no
reportable action.
CONSENT CALENDAR ITEMS 1-8 -
Council Member Gomez requested to pull Item No. 6.
PUBLIC INPUT FOR THE CONSENT CALENDAR — None
It was moved by Council Member Gomez and seconded by Mayor Pro Tern Gallagher to
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pull Item No. 6 and approve 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 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.
Motion: The City Council approved 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.
Motion: The City Council approved 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.
City Council April 16, 2024
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Motion: The City Council had second reading by title only and adoption of
Ordinance No. 1536.
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.
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.
Motion:
1. The City Council received and filed the 2022-2023 CLG Annual Report
(Attachment A) and directed staff to forward the Annual Report to the State
Office of Historic Preservation (OHP).
2. The City Council received and filed 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.
Council Member Gomez requested that CR&R provide information on customer
complaints regarding recycling prior to the June 4, 2024 public hearing.
It was moved by Council Member Gomez and seconded by Council Member Clark
to 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.
Roll Call Vote — City Clerk
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Motion carried: 5-0
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
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 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.
Motion: The City Council increased 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
City Council April 16, 2024
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Public Hearing opened at 8:10 p.m.
Management Analyst Adrianne DiLeva provided a PowerPoint presentation.
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 Action Plan set forth in Resolution No. 24-23 (Attachment A)
fulfills this annual requirement.
Public Input —
1. Michael Valentine and Casey Jo Herman, Habitat for Humanity
2. Paul Bonfanti, Families Forward
3. Bryan Lake, Family Promise
4. Penny Lambright, Patriots and Paws
Public Hearing closed at 8:45 p.m.
It was moved by Mayor Lumbard and seconded by Council Member Schnell 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.
Roll Call Vote — City Clerk
Motion carried: 5-0
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
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SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
REGULAR BUSINESS ITEMS 10-11
10. PARKS & RECREATION DEPARTMENT ANNUAL REPORT 2023
Director of Parks and Recreation Chad Clanton provided a PowerPoint
presentation.
The Parks & Recreation Department's Annual Report summarizes the
Department's activities throughout 2023.
The City Council received and filed the report.
11. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) AND RED HILL
AVENUE SPECIFIC PLAN (RHASP) REVISIONS UPDATE
Assistant Director of Community Development Jay Eastman provided a PowerPoint
presentation.
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.
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.
Public Input — Gabriel Groen
It was moved by Mayor Lumbard and seconded by Mayor Pro Tern Gallagher that
the City Council direct staff to implement the following items:
1. Provide initial findings and recommendations to the Planning Commission in
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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).
Roll Call Vote — City Clerk
Motion carried: 5-0
City Attorney David E. Kendig
Announced Deputy City Attorney Michael Daudt will be Acting City Attorney at the next
City Council meeting.
COUNCIL MEMBER COMMENTS AND REPORTS
Council Member Schnell
Thanked everyone for a great City Council meeting.
April 11
Attended the Foothill/Eastern Transportation Corridor Agency (TCA) Joint Board meeting;
discussed the agency's monthly investment report, an ordinance update for toll
enforcement to help mitigate some fines and fees; and discussed capital improvement
projects on the 73, 241, 91 and 261; reported the agency is fiscally sound and many
enhancements are coming.
Announced he will be attending the Foothill/Eastern Transportation Corridor Agency (TCA)
City Council April 16, 2024
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budget workshop meeting on April 24, 2024, to discuss finances and funding for upcoming
projects.
Council Member Gomez
April 6
• Attended the Tustin Parks and Recreation's Community Yard Sale event; reported
California Senator Josh Newman's ice cream truck gave ice cream to the visitors of
the event.
• Visited three Lemonade Day stands; thanked Friday Night Lights Flag Football and
Utt Middle School for covering the two last minute vacant lemonade stands.
April 11
Visited Columbus Tustin Middle School's Entrepreneur End of the Year Project; students
had an opportunity to sell their goods; stated this event is for young entrepreneurs to learn
how to start and run a business.
April 12
Attended the California State University, Fullerton's Town Hall event; reported Political
Science students presented on various issues based on public policy, housing,
environmental and more; was a well -presented event.
Thanked the Tustin Historical Society for coming to the meeting to present on the
upcoming Old Town Tustin Home and Garden Tour on Saturday, May 18, 2024.
Thanked Deputy Director of Economic Development, Jerry Craig, for his help with the
entrepreneur class in December and his continued work on the housing situation.
Council Member Clark
Thanked Deputy Director of Economic Development, Jerry Craig, for helping to create
Lemonade Day in Tustin; thanked Tustin Parks and Recreation for organizing the event;
thanked Director of Parks and Recreation, Chad Clanton, for well -run lemonade stands;
visited the Tustin Teens in Action lemonade stand at the Tustin Family and Youth Center;
reported this was the sixth year of the Lemonade Day event.
Mayor Pro Tem Gallagher
April 13
Attended the Tustin Parks and Recreation's Youth Track Meet event; was a great event;
thanked all the Parks and Recreation staff for their hard work.
Attended four Orange County Sanitation District (OC San) meetings; announced OC
San's new headquarters' building Ribbon Cutting event on May 22, 2024, and an Open
House event on June 8, 2024, from 9:00 AM to 12:00 PM; reported guided tours of the
wastewater treatment plant will be given, interactive department booths, and free ice
cream; is a great kid -friendly event.
City Council April 16, 2024
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Mayor Lumbard
April 10
Chaired the Orange County Fire Authority (OCFA) Budget and Finance Committee
meeting; discussed hiring, overtime and other challenges facing the emergency services
sector.
April 11
Gave a tour to Benson Elementary School First Graders at City Hall; thanked city staff for
coordinating the event.
Thanked high school students Megan Chang and Sophie Larson for joining virtually from
Italy; stated their determination to complete their assigned project from another country at
4:00 AM shows their innovation.
UPCOMING EVENTS
May 3rd
Cinco de Mayo Celebration at the Frontier Park from 3:00 PM — 6:00 PM.
May 4tn
Citywide Shredding Event at the City Hall Parking Lot from 8:00 AM — 12:00 PM;
announced the event is open to all Tustin residents and water billing customers; limit 5
banker boxes per household limit
ADJOURNED at 9:27 p.m. 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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