CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Councilmember
Ryan Gallagher, Councilmember
Rebecca Gomez, Councilmember
Austin Lumbard, Mayor
NOVEMBER 15, 2022
300 CENTENNIAL WAY, TUSTIN
Matthew S. West, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PRESENTATION - ITEM 8
PRESENTATION - ITEM 15
PRESENTATION - ITEM 20
PUBLIC INPUT - JOHN GARAY (ITEM 9 E-COMMENT)
PUBLIC INPUT - ANDRES MALDONADO (ITEM 20 - E COMMENT)
PUBLIC INPUT - ANONYMOUS (ITEM 20 - E COMMENT)
PUBLIC INPUT - NOE BAHENA (ITEM 20 - E COMMENT)
PUBLIC INPUT - SUE GARNS-BELLHOUSE (ITEM 20 - E COMMENT) PUBLIC INPUT - EDUARDO GARCIA (ITEM 20 - E COMMENT)
PUBLIC INPUT - EMILIA REYES (ITEM 20 - E COMMENT)
PUBLIC INPUT - ANONYMOUS 2 (ITEM 20 - E COMMENT)
PUBLIC INPUT - JOHN GARAY (ITEM 20 - E COMMENT)
PUBLIC INPUT - MICHAEL CHRISTIANSEN (ITEM 20 - E COMMENT) PUBLIC INPUT - NIGUEL BOATMAN (ITEM 20 - E COMMENT)
PUBLIC INPUT - VICTORIA TIBBETTS (ITEM 20 - E COMMENT)
PUBLIC INPUT - TOBY MOORE (ITEM 20 - E COMMENT)
PUBLIC INPUT - ANONYMOUS 3 (ITEM 20 - E COMMENT)
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3030
ATTENDANCE - 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): (1 case)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
3. LIABILITY CLAIMS – [Government Code § 54956.95]: (7 cases) A.
Claim of Veronica Gonzales, Claim Number 22-28
B.
Claim of Catherine Leal, Claim Number 22-43
C.
Claim of Luz Maia Rodriguez, Claim No. 22-37
D.
Claim of Nelie Diaz Aquilina, Claim No. 22-39
E.
Claim of Zaid Ahmed Khan, Claim No. 22-40
F.
Claim of Ali Ashraf Elmashat, Claim No. 22-41
G.
Claim of Belal Ashraf Ibrahim, Claim No. 22-42
4. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] A.
Title: City Manager
REGULAR MEETING OF THE CITY COUNCIL
- 7:00 P.M.
CALL TO ORDER – #3030
INVOCATION – Pastor Michael Truong, Mariners Church
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Cooper
CLOSED SESSION REPORT – City Attorney David E. Kendig
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.
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 - 18)
1. 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 REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 1, 2022.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on November 1, 2022.
AGENDA ITEM
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 $1,003,196.76 and Demands in the amount of $3,222,120.50.
AGENDA ITEM
4. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS In order for the Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the Council to make specified findings at least every thirty (30) days.
Recommendation:
Make the following findings by majority vote of the Council:
A. A state of emergency has been proclaimed by California's Governor due to the COVID-19 pandemic and continues in effect; and B. The Council has reconsidered the circumstances of the state of emergency; and C. Local health officials continue to recommend measures to promote social distancing.
AGENDA ITEM
5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1530 AMENDING CHAPTER 3 OF ARTICLE 4 OF THE TUSTIN CITY CODE PERTAINING TO MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS Adoption of Ordinance No. 1530 amends Chapter 3 of Article 4 of the Tustin City Code related to solid waste.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No. 1530.
ORDINANCE NO. 1530
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING ARTICLE 4, CHAPTER 3 OF THE TUSTIN CITY CODE PERTAINING TO MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS
AGENDA ITEM
6. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING SEPTEMBER 30, 2022 Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy.
Recommendation:
Receive and file.
AGENDA ITEM
7. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT
The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer/traffic impact fees, and funds expended by the City, which satisfy the Maintenance of Effort (MOE). The Orange County Transportation Authority (OCTA) established the MOE benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds; the City’s required MOE expenditure for Fiscal Year 2021-22 is $1,697,045. This figure will remain the same through Fiscal Year 2022-23.
Recommendation:
It is recommended that the City Council adopt Resolution No. 22-61, adopting the Measure M2 Expenditure Report for Fiscal Year 2021-2022 (attached), and direct staff to file the report with the Orange County Transportation Authority. RESOUTION NO. 22-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONCERNING THE MEASURE M2 (M2) EXPENDITURE REPORT FOR THE CITY OF TUSTIN, CALIFORNIA
AGENDA ITEM
8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ALLEY GROVE PROMENADE PROJECT, CIP 20084 The plans and specifications for the Alley Grove Promenade, CIP No. 20084, have been substantially completed pending final approval by the City Engineer.
Recommendation:
It is recommended that the City Council:
1. Appropriate $500,000 from Land Sale Proceeds Fund (Fund 189);
2. Adopt Resolution No. 22-56 approving the plans and specifications for the Alley Grove Promenade, CIP No. 20084; and
3. Authorize the City Clerk to advertise to receive bids, subject to the approval by the City Engineer.
RESOLUTION NO. 22-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL JOINT ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS/EIR), AS AMENDED BY SUPPLEMENT AND ADDENDUMS, IS ADEQUATE TO SERVE AS THE PROJECT ENVIRONMENTAL DOCUMENT FOR THE PROPOSED ALLEY GROVE PROMENADE PROJECT (CIP 20084), AN APPROXIMATELY 2.8-ACRE ENHANCED WALKWAY PROMENADE LOCATED WITHIN PLANNNG AREAS 8, 13, AND 14 OF NEIGHBORHOOD D, TUSTIN LEGACY SPECIFIC PLAN AND APPROVING PLANS AND SPECIFICATIONS FOR THE ALLEY GROVE PROMENADE PROJECT, CIP NO. 20084, AND AUTHORIZING ADVERTISEMENT FOR BIDS
AGENDA ITEM
9. ADOPT RESOLUTION NO. 22-55 TO ACCEPT IMPROVEMENTS FOR THE FISCAL YEAR 2021-2022 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT, ZONE 3, CIP NO. 70021 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Fiscal Year 2021-2022 Roadway Rehabilitation and Sidewalk Repair Project, Zone 3 (CIP No. 70021), 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 take the following actions:
1. Adopt Resolution No. 22-55 accepting the construction of the Fiscal Year 2021-2022 Roadway Rehabilitation and Sidewalk Repair Project, Zone 3 (CIP No. 70021); and
2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office.
RESOLUTION NO. 22-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE FY 2021-22 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT, ZONE 3 (CIP NO. 70021)
AGENDA ITEM
10. HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) FOR THE PROPERTY AT 158 N B STREET The Mills Act is a State program that provides property tax relief to owners of qualified historic properties who agree to comply with preservation restrictions and maintain and preserve the property for a minimum of ten (10) years. The City Council adopted Resolution 97-50, authorizing the implementation of the Mills Act program and established a policy specifying which properties would be eligible for the program. While the Mills Act is a State program, property owners enter into a contract with the City to obtain the program’s benefits. Attachment A contains the Historic Property Preservation Agreement for the subject property located at 158 N B Street.
Recommendation:
That the City Council adopt Resolution No. 22-51 authorizing the execution of the Historic Property Preservation Agreement for the property owner at 158 N B Street in the State's Mills Act Program (Attachment A).
RESOLUTION NO. 22-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CA LIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 158 N B STREET, TUSTIN, CALIFORNIA.
AGENDA ITEM
11. HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) - FOR THE PROPERTY AT 510 W SECOND STREET The Mills Act is a State program that provides property tax relief to owners of qualified historic properties who agree to comply with preservation restrictions and maintain and preserve the property for a minimum of ten (10) years. The City Council adopted Resolution 97-50, authorizing the implementation of the Mills Act program and established a policy specifying which properties would be eligible for the program. While the Mills Act is a State program, property owners enter into a contract with the City to obtain the program’s benefits. Attachment A contains the Historic Property Preservation Agreement for the subject property located at 510 W Second Street.
Recommendation:
That the City Council adopt Resolution No. 22-57 authorizing the execution of the Historic Property Preservation Agreement for the property owner at 510 W Second Street in the State 's Mills Act Program (Attachment A).
RESOLUTION NO. 22-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 510 W SECOND STREET, TUSTIN, CALIFORNIA.
AGENDA ITEM
12. HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) - FOR THE PROPERTY AT 530 W SECOND STREET The Mills Act is a State program that provides property tax relief to owners of qualified historic properties who agree to comply with preservation restrictions and maintain and preserve the property for a minimum of ten (10) years. The City Council adopted Resolution 97-50, authorizing the implementation of the Mills Act program and established a policyspe cifying which properties would be eligible for the program. While the Mills Act is a State program, property owners enter into a contract with the City to obtain the program’s benefits. Attachment A contains the Historic Property Preservation Agreement for the subject property located at 530 W Second Street.
Recommendation:
That the City Council adopt Resolution No. 22-58 authorizing the execution of the Historic Property Preservation Agreement for the property owner at 530 W Second Street in the State's Mills Act Program (Attachment A).
RESOLUTION NO. 22-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 530 W SECOND STREET, TUSTIN, CALIFORNIA.
Agenda Report
13. HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) - 1082 WALNUT STREET The Mills Act is a State program that provides property tax relief to owners of qualified historic properties who agree to comply with preservation restrictions and maintain and preserve the property for a minimum of ten (10) years. The City Council adopted Resolution 97-50, authorizing the implementation of the Mills Act program and established a policy specifying which properties would be eligible for the program. While the Mills Act is a State program, property owners enter into a contract with the City to obtain the program’s benefits. Attachment A contains the Historic Property Preservation Agreement for the subject property located at 1082 Walnut Street.
Recommendation:
That the City Council adopt Resolution No. 22-60 authorizing the execution of the Historic Property Preservation Agreement for the property owner at 1082 Walnut Street in the State's Mills Act Program (Attachment A).
RESOLUTION NO. 22-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 1082 WALNUT STREET, TUSTIN, CALIFORNIA.
AGENDA ITEM
14. SURPLUS PROPERTY DECLARATION FOR ASSESSORS PARCEL NUMBER 430-361-11 Resolution 22-59 will declare APN 430-361-11 as surplus property pursuant to California Government Code Section 54221.
Recommendation:
It is recommended that the City Council take the following actions:
1. Adopt Resolution 22-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBER 430-361-11 AS SURPLUS PROPERTY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221.
2. Authorize the City Manager to direct staff to submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution.
RESOLUTION NO. 22-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBER 430-361-11 AS SURPLUS PROPERTY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221.
AGENDA ITEM
15. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE SOUTH HANGAR RENOVATION, CIP 10076 The plans and specifications for the South Hangar Renovation, CIP No. 10076, have been substantially completed pending final approval by the City Engineer.
Recommendation:
It is recommended that the City Council:
1. Appropriate $2,100,000 from Land Sale Proceeds Fund (Fund 189);
2. Adopt Resolution No. 22-62 approving the plans and specifications for the South Hangar Renovation, CIP No. 10076; and
3. Authorize the City Clerk to advertise to receive bids, subject to the approval by the City Engineer.
RESOLUTION NO. 22-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL JOINT ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS/EIR), AS AMENDED BY SUPPLEMENT AND ADDENDUMS, IS ADEQUATE TO SERVE AS THE PROJECT ENVIRONMENTAL DOCUMENT FOR THE PROPOSED CITY INITIATED VOLUNTARY MAINTENANCE AND REPAIRS OF THE EXISTING TUSTIN HANGAR #2 (ALSO KNOWN AS SOUTH HANGAR OR HANGAR 29), LIMITED TO STRUCTURAL STABILIZATION AND ELECTRICAL INFRSTRUCTURE UPGRADES, LOCATED IN THE TUSTIN LEGACY SPECIFIC PLAN
AGENDA ITEM
16. POLICY REGARDING THE REPORTING OF SUSPECTED FRAUD
The Government Finance Officers Association (GFOA) recommends that every government establish policies and procedures to encourage and facilitate the reporting of suspected fraud, waste or abuse. In order to demonstrate the City’s commitment to fiscal stewardship and accountability, a policy has been prepared for City Council consideration, which memorializes informal procedures currently in place governing the reporting of suspected fraud, waste or abuse.
Recommendation:
It is recommended that the City Council approve the Policy Regarding the Reporting of Suspected Fraud (the “Policy”), and authorize the City Attorney to make any necessary changes to the policy in order to implement and maintain the policy.
AGENDA ITEM
17. LEASE AGREEMENT BETWEEN THE CITY OF TUSTIN AND OUTFRONT MEDIA, LLC Lease Agreement (Agreement) between the City of Tustin and Outfront Media, LLC (Outfront) for a digital display billboard on City owned property located at the SR-55 Freeway and Edinger Avenue.
Recommendation:
It is recommended that the City Council:
1. Approve the Agreement with Outfront Media, LLC "as to form", subject to any non-substantive modifications as may be deemed necessary and/or recommended by the City Attorney; and
2. Authorize the City Manager to execute the Agreement upon Outfront obtaining all entitlements.
AGENDA ITEM
18. TEMPORARY COMMUNITY GARDEN AT 450 EL CAMINO REAL
Consideration of a request from One Seed to operate a temporary community garden on City property located at 450 El Camino Real. One Seed is proposing to temporarily use the empty lot on the west side of the existing wooden fence of the El Camino Real Respite Parkette into a community garden that would grow fruits and vegetables. Their objective is to create a space that would serve as an outdoor classroom, providing community members with a variety of adult and youth educational workshops and gardening programs. All designed with the intent and ability to be relocated to a permanent location in the future.
Recommendation:
Authorize the City Manager or his designee to finalize and execute a short-term revocable license agreement in a form approved by the City Attorney.
AGENDA ITEM
REGULAR BUSINESS ITEMS 19-20
19. AMENDMENT NO. 2 TO CITY MANAGER EMPLOYMENT AGREEMENT, AND APPOINTMENT OF THE CITY MANAGER TO SERVE AS ACTING CITY TREASURER AT ANY TIME WHEN THE DIRECTOR OF FINANCE POSITION IS VACANT Following the conclusion of negotiations with City Manager Matthew S. West, the City Council will consider approval of Amendment No. 2 to his Employment Agreement.
Recommendation:
1. Approve Amendment No. 2 to the Employment Agreement with City Manager Matthew S. West in the form attached as Exhibit 3; and
2. Appoint the City Manager to serve as Acting City Treasurer at any time when the Director of Finance position is vacant.
AGENDA ITEM
20. ADOPT THE RESIDENTIAL PARKING ACTION PLAN
Dixon Resources Unlimited (DIXON) has prepared the Tustin Residential Parking Action Plan (PAP) on behalf of the City of Tustin (City) to outline the recommended implementation steps and strategies to optimize the preferential permit parking program and parking management within Tustin’s residential neighborhoods. This PAP identifies policies, procedures, and management strategies necessary to address the City’s current and future parking needs. The PAP highlights important considerations, measures, and best practices to optimize operations.
Recommendation:
That the City Council adopt the Tustin Residential Parking Action Plan and authorize staff to implement.
AGENDA ITEM
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, December 6, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.