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
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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
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City Council October 1, 2024
Meeting Agenda Page 1 of 12
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Meeting ID: 940 8640 1921
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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
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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