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HomeMy WebLinkAbout00 CC AGENDA 10.1.24CITY OF TUSTIN MEETING OCTOBER 1, 2024 OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN f COUNCIL CHAMBER VIDEO CONFERENCE r Ryan Gallagher, Mayor Pro Tern Letitia Clark, Council Member Austin Lumbard, Mayor Aldo E. Schindler, City Manager Rebecca Gomez, Council Member Erica N. Yasuda, City Clerk Ray Schnell, Council Member 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 October 1, 2024 Meeting Agenda Page 1 of 12 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 October 1, 2024 Meeting Agenda Page 2 of 12 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #3064 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): (3 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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) A. Mejia/De Garay v Tustin, Case No. 8:24-cv-0073 MRA ADS 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS — Government Code § 54956.8: (1 case) A. Property Address/Description APN 430-481-02, 430-481-03, 430-481-04, 430-481-05 Agency City of Tustin City Council October 1, 2024 Meeting Agenda Page 3 of 12 City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Ryan Swiontek, Deputy Director of Real Property; Kenneth Piguee, Real Property Manager; and Jerry Craig, Deputy Director of Economic Development Negotiating Parties Irvine Company Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — #3064 INVOCATION - Fr. Khoi Phan, St. Cecilia Church PLEDGE OF ALLEGIANCE — Mayor Lumbard PRESENTATION — o Orange County Fire Authority, Fire Prevention Week Proclamation 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 - 13) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA City Council October 1, 2024 Meeting Agenda Page 4 of 12 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 SEPTEMBER 17, 2024. Recommendation: That the City Council approve the Action Minutes of the City Council Meeting held on September 17, 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 $1,011,030.16 and Demands in the amount of $3,122,537.40. 4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1543 (CODE AMENDMENT 2024-0004) - UPDATES RELATIVE TO THE IMPLEMENTATION OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT Adoption of Ordinance No. 1543 will amend various sections of Article 9 (Land Use) of the Tustin City Code by implementing Program 1.5(a) and Program 2.1(a) of the City's adopted Housing Element of the General Plan: • Program 1.5(a) — Streamlines the requirements for triplexes in the R-2 and R-3 zones and for residential uses Citywide in all zones by removing the Conditional Use Permit requirements. • Program 2.1(a) — Adds definitions for transitional and supportive housing and consider transitional and supportive housing to be a residential use and explicitly permits them subject only to those zoning regulations that apply to other residential dwellings of the same type in the same zone as required by AB 2162. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1543. ORDINANCE NO. 1543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ORDINANCE NO. 1543, AMENDING VARIOUS SECTIONS OF TUSTIN CITY CODE ARTICLE NINE (LAND USE) TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN (CODE AMENDMENT 2024-0004) Fiscal Impact: There is no fiscal impact associated with this item. City Council October 1, 2024 Meeting Agenda Page 5 of 12 5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1546 AMENDING WASTE REDUCTION AND RECYCLING PROGRAM REQUIREMENTS Adoption of Ordinance No. 1546 amends Section 4351 of the Tustin City Code to simplify the collection of deposits associated with the City's Waste Reduction and Recycling Program for construction and demolition debris. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1546. ORDINANCE NO. 1546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4, CHAPTER 3, PART 5 OF THE TUSTIN CITY CODE REGARDING WASTE DISPOSAL AND DIVERSION REQUIREMENTS FOR CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CITY Fiscal Impact: There is no fiscal impact associated with this item. 6. 2024 BIENNIAL CONFLICT OF INTEREST CODE REVIEW (DESIGNATED POSITIONS) Biennially the City is required to review the list of designated positions in the Conflict of Interest Code. Staff recommends the following changes to the list of designated filers: Additions - Deputy City Manager — Real Property (City Manager's Office) Plans Examiner (Community Development) Deputy Director of Real Property (City Manager's Office) Real Property Manager (City Manager's Office) Senior Information Technology Specialist (Finance) Human Resources Manager (Human Resources) Director of Public Works (Public Works) Deletions: Deputy City Manager (City Manager's Office) Director of Economic Development (Economic Development) Economic Development and Housing Manager (Economic Development) Senior Management Analyst (Human Resources) Recreation Superintendent (Parks and Recreation) Behavioral Health Bureau Commander (Police Department) Director of Public Works / City Engineer (Public Works) Recommendation: It is recommended that the City Council adopt Resolution No. 24-63. RESOLUTION NO. 24-63 City Council October 1, 2024 Meeting Agenda Page 6 of 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND REPEALING RESOLUTION NO. 22-45 Fiscal Impact: There is no fiscal impact associated with this item. 7. RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBERS 430-371-27, 430- 371-29, 430-371-30, 430-371-31, 430-371-33, 430-381-65, 430-381-67, 430-381-74 AND 430-381-95 AS SURPLUS LAND Resolution 24-68 will declare Assessor's Parcel Numbers 430-371-27, 430-371-29, 430-371-30, 430-371-31, 430-371-33, 430-381-65, 430-381-67, 430-381-74 and 430-381-95 as surplus land pursuant to California Government Code Section 54221. Recommendation: It is recommended that the City Council take the following actions: Adopt Resolution 24-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBERS 430-371-27, 430-371- 29, 430-371-30, 430-371-31, 430-371-33, 430-381-65, 430-381-67, 430-381- 74 AND 430-381-95 AS SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221. 2. Authorize the City Manager to circulate a Notice of Availability and submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution. Fiscal Impact: Adoption of Resolution 24-68 itself does not have a financial impact to the City, however noticing and negotiating disposition of property as required under the Surplus Land Act may have financial impacts to the City. 8. RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBERS 430-481-07, 430- 481-08, 430-481-09, 430-481-10 AND 430-481-11 AS SURPLUS LAND Resolution 24-69 will declare Assessor's Parcel Numbers 430-481-07, 430-481-08, 430-481-09, 430-481-10 and 430-481-11 as surplus land pursuant to California Government Code Section 54221. Recommendation: It is recommended that the City Council take the following actions: Adopt Resolution 24-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBERS 430-481-07, 430-481- 08, 430-481-09, 430-481-10 AND 430-481-11 AS SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221. City Council October 1, 2024 Meeting Agenda Page 7 of 12 2. Authorize the City Manager to circulate a Notice of Availability and submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution. Fiscal Impact: Adoption of Resolution 24-69 itself does not have a financial impact to the City, however noticing and negotiating disposition of property as required under the Surplus Land Act may have financial impacts to the City. 9. RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBER 401-583-01 AS SURPLUS LAND Resolution 24-70 will declare Assessor's Parcel Number 401-583-01 as surplus land pursuant to California Government Code Section 54221. Recommendation: It is recommended that the City Council take the following actions: 1. Adopt Resolution 24-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBER 401-583-01 AS SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221. 2. Authorize the City Manager to circulate a Notice of Availability and submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution. Fiscal Impact: Adoption of Resolution 24-70 itself does not have a financial impact to the City, however noticing and negotiating disposition of property as required under the Surplus Land Act may have financial impacts to the City. 10. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE OLD TOWN IMPROVEMENTS PROJECT The plans and specifications for the Old Town Improvements Project, Capital Improvement Project No. 70254, have been completed and approved by the City Engineer. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 24-64 approving the plans and specifications for the Old Town Improvements project (CIP No. 70254); and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 24-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE OLD TOWN City Council October 1, 2024 Meeting Agenda Page 8 of 12 IMPROVEMENTS PROJECT, CIP NO. 70254 AND AUTHORIZING ADVERTISEMENT FOR BIDS Fiscal Impact: Sufficient funds have been budgeted and appropriated in this Fiscal Year 2024-2025 Capital Improvement Program for the Old Town Improvements project. The engineer's estimate for the Old Town Improvements project is $3,787,892. The project is funded through a combination of Community Development Block Grant funds (Fund 120) and Land Sale Proceeds funds (Fund 189). 11. ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR THE FISCAL YEAR 2023-2024 ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT — ZONE 5 Construction of the Fiscal Year 2023-2024 Annual Roadway Rehabilitation and Sidewalk Repair Project — Zone 5, Capital Improvement Project No. 70023 has been completed to the satisfaction of the City Engineer and is now ready for City Council Acceptance. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 24-66 accepting the improvement of the Fiscal Year 2023-2024 Annual Roadway Rehabilitation and Sidewalk Repair Project, Capital Improvement Project No. 70023; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 24-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE PUBLIC WORKS AND IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE FISCAL YEAR 2023-2024 ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT — ZONE 5 (CIP NO. 70023) Fiscal Impact: The final construction cost for the Annual Roadway Rehabilitation and Sidewalk Repair Project — Zone 5, is $3,604,192 with no contract change orders. Sufficient funds were budgeted and appropriated in the Capital Improvement Program using Senate Bill 1 funds (Fund 140) and Gas Tax funds (Fund 130). 12. INTRODUCTION OF ORDINANCE NO. 1552 REGARDING THE CITY PURCHASING SYSTEM At the September 17, 2024 meeting, the Council received a presentation of the options for potential amendments to the City's Purchasing Policy and Procedures, as outlined in the Tustin City Code sections 1621-1630. The Council discussed the options and provided direction to staff. This report, incorporating the Council's directions, presents the proposed updates to the City's Purchasing System as codified in the Tustin City Code. City Council October 1, 2024 Meeting Agenda Page 9 of 12 Recommendation: That the City Council introduce Ordinance No. 1552 in the form attached as Attachment 1 for first reading by title only and set the next available Council meeting for second reading and adoption. ORDINANCE NO. 1552 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPLACING AND SUPERSEDING ARTICLE 1, CHAPTER 6, PART 2 OF THE TUSTIN CITY CODE REGARDING THE CITY PURCHASING SYSTEM. Fiscal Impact: There is no direct fiscal impact associated with this item. 13. AMENDMENT AND EXTENSION OF EXCLUSIVE NEGOTIATING AGREEMENT WITH THE IRVINE COMPANY LLC FOR PORTIONS OF TUSTIN LEGACY DISPOSITION AREAS 2113, 2C AND 8 Request for approval of an amendment and extension of the Exclusive Negotiating Agreement with The Irvine Company LLC to continue the negotiating period for the disposition and development of portions of Disposition Areas 2B, 2C and 8 at Tustin Legacy for a multifamily residential project until March 31, 2025, with one additional 90-day extension at the discretion of the City Manager. Recommendation: Authorize the City Manager to execute an amendment to the Exclusive Negotiating Agreement with The Irvine Company LLC, approving an extension of the Exclusive Negotiating Agreement until March 31, 2025, with one additional 90-day extension at the discretion of the City Manager subject to non - substantive additions or modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney prior to the end of the Exclusive Negotiating Agreement Negotiating Period. Fiscal Impact: There is no fee associated with the Exclusive Negotiating Agreement amendment or extension. The Irvine Company LLC has a deposit account with the City that will continue to fund the City transaction expenses incurred by staff and third -party consultants including the retention of legal counsel associated with the negotiation and drafting of the Disposition and Development Agreement and related agreements. REGULAR BUSINESS ITEMS (14-16) 14. SALARY RESOLUTIONS FOR UNREPRESENTED EXECUTIVE MANAGEMENT, MANAGEMENT, SUPERVISORY, AND CONFIDENTIAL EMPLOYEES Adoption of the attached Resolutions will authorize terms and conditions of employment for unrepresented Executive Management, Management, Supervisory, and Confidential employees in accordance with City Council direction. Recommendation: Adopt Resolution No. 24-72 and Resolution No. 24-73 to amend the City's Classification and Compensation Plans for unrepresented Executive Management, Management, Supervisory, and Confidential employees. City Council October 1, 2024 Meeting Agenda Page 10 of 12 RESOLUTION NO. 24-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 24-49 RESOLUTION NO. 24-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY AND CONFIDENTIAL EMPLOYEES, AND SUPERSEDING RESOLUTION 21-82 Fiscal Impact: The provisions of these Resolutions will result in an additional cost of approximately $321,962 in Fiscal Year 2024-25. By FY 2026-27, the additional ongoing cost to the City is estimated to be $1,371,073 per year. Staff is not requesting any supplemental budget appropriations associated with these Resolutions at this time; any supplemental appropriations will be incorporated with the mid -year budget review, which will be presented to the City Council in February 2025. 15. AUTHORIZING THE TEMPORARY POST -RETIREMENT EMPLOYMENT OF KEN NISHIKAWA Adoption of the attached Resolution will authorize the City to employ Ken Nishikawa on a temporary part-time basis in the retired annuitant position of Deputy Director of Public Works — Engineering sooner than 180 days after his upcoming retirement. Recommendation: Adopt Resolution No. 24-71 authorizing the City to employ Ken Nishikawa on a temporary part-time basis in the retired annuitant position of Deputy Director of Public Works — Engineering shortly after his retirement. RESOLUTION NO. 24-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE POST -RETIREMENT EMPLOYMENT OF KEN NISHIKAWA SOONER THAN 180 DAYS AFTER RETIREMENT Fiscal Impact: Authorization of this position will result in a cost of up to approximately $93,000 on an annualized basis. Staff is not requesting any supplemental budget appropriations associated with this action at this time; any supplemental appropriations will be incorporated with the mid -year budget review, which will be presented to the City Council in February 2025. 16. OCTOBER 2024 SUMMARY OF PROJECTS The report summarizes Community Development Department's programs and activities conducted from January to September 2024. The report highlights activities under the following categories: City Council October 1, 2024 Meeting Agenda Page 11 of 12 • 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. Recommendation: That the City Council receive and file the report. Fiscal Impact: There is no fiscal impact associated with this item. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, October 15, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. City Council October 1, 2024 Meeting Agenda Page 12 of 12