CITY OF TUSTIN SPECIAL MEETING
OF THE CITY COUNCIL
Letitia Clark, Mayor Pro Tem
Ryan Gallagher, Councilmember
Rebecca Gomez, Councilmember
Ray Schnell, Councilmember
Austin Lumbard, Mayor
JUNE 20, 2023
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
Notice of Cancellation - Closed Session Rescheduled to 4:30 p.m.
AGENDA
PUBLIC INPUT INSTRUCTIONS
ITEM DISTRIBUTED TO COUNCIL AFTER AGENDA DISTRIBUTION - ORD 1535 EXHIBIT A (ITEM 9) ITEM DISTRIBUTED TO COUNCIL AFTER AGENDA DISTRIBUTION - TUSTIN FY 2023 HOURLY RATE (ITEM 10)
PUBLIC COMMENT - AN DONER
PUBLIC COMMENT - ANONYMOUS
PUBLIC COMMENT - SCOTT SPITZER AND RABBI MARCIA TILCHIN
PUBLIC COMMENT - SUSAN KEEFE
PRESENTATION - 530 W Second Street Commendation
PRESENTATION - ITEM 10
PRESENTATION - ITEM 11
SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
- 4:30 P.M.
CALL TO ORDER – #3041
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): (2 cases)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. LABOR NEGOTIATIONS - [Government Code § 54957.6]
Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Police Support Services Management Association (TPSSMA) Employee Organization: Tustin Police Support Service Association (TPSSA)
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (2 cases) A.
Property Address/Description: APN 430-481-12
Agency: City of Tustin
City Negotiators: Matthew S. West, City Manager & Christopher Koster, Director of Economic Development Negotiating Parties: Matthew Derrick, Vice President Development, CD-MS (Tustin) LLC Under Negotiation: Price and Terms of Payment
B.
Property Address/Description: APN 430-481-02, 430-481-03, 430-481-04, 430-481-05 Agency: City of Tustin
City Negotiators: Matthew S West, City Manager and Christopher Koster, Director of Economic Development Negotiating Parties: Mark Janda, Senior Vice President - Development, AvalonBay Communities Inc. and Lara Regus, Senior Vice President, Development, Abode Communities Under Negotiation: Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY - 7:00 P.M.
CALL TO ORDER – #3041
INVOCATION - Fr. Khoi, St. Cecilia Church
PLEDGE OF ALLEGIANCE – Council Member Schnell
PRESENTATION - Historic Property Commendation - 530 W. Second Street 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 - 9)
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 JUNE 6, 2023 Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on June 6, 2023.
AGENDA REPORT
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 $936,418.97 and Demands in the amount of $2,511,596.26.
AGENDA REPORT
4. LEGISLATIVE UPDATE
Staff and the City’s consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity.
Recommendation:
1. Take a SUPPORT position on AB 573 (Garcia) Organic waste: meeting recovered organic waste product procurement targets.
2. Take an OPPOSE UNLESS AMENDED position on AB 1082 (Kalra) Authority to remove vehicles.
3. Receive and file the updated legislative matrix as of June 9.
4. Receive and file legislative updates prepared by TPA.
AGENDA REPORT
5. AMENDMENT NO. 14 TO CONSULTANT SERVICES AGREEMENT WITH SO CAL SANDBAGS INC FOR PROPERTY MANAGEMENT/CARETAKER SERVICES AT TUSTIN LEGACY Amendment to existing Consultant Services Agreement (CSA) with So Cal Sandbags, Inc.
Recommendation:
It is recommended that the City Council authorize the City Manager to execute Amendment No. 14 to the CSA with So Cal Sandbags, Inc.
AGENDA REPORT
6. SURPLUS PROPERTY DECLARATION FOR ASSESSORS PARCEL NUMBERS 430-272-11, 12, 13, 14, 15, 22, 24, 26, 27 AND 28; AND PORTIONS OF 430-272-04, 07, 08, 20, 21 AND 23 Resolution 23-27 will declare APNs 430-272-11, 12, 13, 14, 15, 22, 24, 26, 27 and 28; and portions of 430-272-04, 07, 08, 20, 21 and 23 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 23-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBERS 430-272-11, 12, 13, 14, 15, 22, 24, 26, 27 AND 28; AND PORTIONS OF 430-272-04, 07, 08, 20, 21 AND 23 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. 23-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBERS 430-272-11, 12, 13, 14, 15, 22, 24, 26, 27 AND 28; AND PORTIONS OF 430-272-04, 07, 08, 20, 21 AND 23 AS SURPLUS PROPERTY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221.
AGENDA REPORT
7. APPROVE THE ANNUAL OC GO (MEASURE M2) ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2023-2024 ln order to maintain eligibility to receive OC Go (also known as Orange County Measure M2 Program) funding, the City is required to annually submit a compliance package to the Orange County Transportation Authority (OCTA).
Recommendation:
It is recommended that the City Council take the following actions:
1. Adopt the attached Measure M2 Seven-Year Capital Improvement Program (CIP) (Fiscal Year 2023-2024 through Fiscal Year 2029-2030); and
2. Approve the City's Resolution No. 23-23 informing the OCTA that there have been no changes to the City's Circulation Element of the General Plan and that it is consistent with the Master Plan of Arterial Highways and that the City concurs with the Mitigation Fee Program for new development; and
3. Approve the City's Resolution 23-24 for the Local Signal Synchronization Plan Update; and
4. Approve Resolution No. 23-25 informing the OCTA that the City updated a Pavement Management Plan that is in conformance with the OCTA format; and
5. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M2 eligibility package to the OCTA.
RESOLUTION NO. 23-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION ELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM
RESOLUTION NO. 23-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CONCERNING THE UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM
RESOLUTION NO. 23-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2 (M2) PROGRAM
AGENDA REPORT
8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE RED HILL AVENUE PAVEMENT REHABILITATION PROJECT BETWEEN SAN JUAN STREET AND MELVIN WAY, CIP NO. 70220 The plans and specifications for the Red Hill Avenue Pavement Rehabilitation Project between San Juan Street and Melvin Way (CIP No. 70220) have been prepared and the project is now ready for bid.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 23-35 approving the plans and specifications for the Red Hill Avenue Pavement Rehabilitation Project between San Juan Street and Melvin Way (CIP No. 70220) and;
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 23-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE RED HILL AVENUE PAVEMENT REHABILITATION PROJECT BETWEEN SAN JUAN STREET AND MELVIN WAY, CIP NO. 70220, AND AUTHORIZING ADVERTISEMENT FOR BIDS
AGENDA REPORT
9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1535 (CODE AMENDMENT 2023-0003) - DENSITY BONUS ORDINANCE AND ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS ORDINANCE UPDATES Adoption of Ordinance No. 1535 amends Tustin City Code Sections 9112 and 9121(a), adds Section 9126 relating to incentives for the development of affordable housing, and amends Sections 9279 and 9297 relating to Accessory Dwelling Units and Junior Accessory Dwelling Units.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No. 1535.
ORDINANCE NO. 1535
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE (TCC) SECTIONS 9112 AND 9121(a), AND ADDING TCC SECTION 9126 RELATING TO INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, AND AMENDING TCC SECTIONS 9279 AND 9297 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS (CODE AMENDMENT 2023-0003)
AGENDA REPORT
PUBLIC HEARING ITEM 10
10. ADOPTION OF A RESOLUTION UPDATING THE COMPREHENSIVE FEE SCHEDULE The City’s Comprehensive User Fee Study, which was completed in May 2021 determined the cost of providing governmental services and ensured that user fees and charges do not exceed the costs of providing these services at the time of the study. Industry best practices recommend that annually, the user fees be reviewed and updated to ensure that the user fees are consistent with the cost of living and/or to reflect any operational changes. Staff has completed this annual review and compiled an updated user fee schedule (attachment 1). Staff recommends that the City Council proceed with a public hearing to consider the adoption of the updated fees if approved, which will take effect on September 1, 2023.
Recommendation:
1. Conduct a public hearing on the proposed adoption of an update to the City's Comprehensive Fee Schedule; and,
2. Adopt Resolution No. 23-30, Establishing and Adopting Updated Development Processing Fees and Other City Rates, Charges, and User Fees for Various Government Services.
RESOLUTION NO. 23-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING AND ADOPTING UPDATED DEVELOPMENT PROCESSING FEES AND OTHER CITY RATES, CHARGES, AND USER FEES FOR VARIOUS GOVERNMENT SERVICES
AGENDA REPORT
REGULAR BUSINESS ITEMS 11 - 12
11. FISCAL YEAR 2023-2024 BUDGET ADOPTION
On May 23, 2023, the City Council conducted a budget workshop on the Proposed Biennial Operating Budget and Capital Improvement Program for Fiscal Years 2023-2024 and 2024-2025, which allocate resources that reflect the City Council’s priorities.
Recommendation:
1. Adopt Resolution No. 23-34, Adopting the first year (Fiscal Year 2023-2024) of the 2023-2025 Biennial Budget and Related Documents for Fiscal Year 2023-2024;
2. Adopt Tustin Housing Authority Resolution No. 23-01, Adopting the Housing Authority Budget for Fiscal Year 2023-2024;
3. Adopt Resolution No. 23-33, Updating the Citywide Salary Schedule and the Position Control Schedule consistent with the Proposed Budget for Fiscal Year 2023-2024; and,
4. Adopt Resolution No. 23-32, Increasing the Authority of the Director of Human Resources, City Manager, and City Attorney to Settle General, Employment, and Automobile Liability Claims.
RESOLUTION NO. 23-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FIRST YEAR (FISCAL YEAR 2023-2024) OF THE 2023-2025 BIENNIAL BUDGET AND RELATED DOCUMENTS FOR FISCAL YEAR 2023-2024
TUSTIN HOUSING AUTHORITY RESOLUTION NO. 23-01
A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE HOUSING AUTHORITY BUDGET FOR THE FISCAL YEAR 2023-2024
RESOLUTION NO. 23-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPDATING THE CITYWIDE SALARY SCHEDULE AND THE POSITION CONTROL SCHEDULE
RESOLUTION NO. 23-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, INCREASING THE AUTHORITY OF THE DIRECTOR OF HUMAN RESOURCES, CITY MANAGER, AND CITY ATTORNEY TO SETTLE GENERAL, EMPLOYMENT, AND AUTOMOTIVE LIABILITY CLAIMS
AGENDA REPORT
12. APPROPRIATION LIMIT FOR THE FISCAL YEAR 2023/24
Article XIII B of the State Constitution requires each City to annually adopt a limit on appropriations for all governmental funds. The following recommendation and attached worksheets are based on the Fiscal Year 2023/24 Proposed Budget as presented to the City Council on June 20, 2023.
Recommendation:
1. Select the change in the assessment roll of the preceding year as the price factor for adjusting the Fiscal Year 2023/24 Appropriation Limit.
2. Adopt Resolution No. 23-36 setting the appropriation limit for the Fiscal Year 2023/24 at $118,286,797.
RESOLUTION NO. 23-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2023/24 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Wednesday, July 5, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.