CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
Letitia Clark, Mayor Pro Tem
Ryan Gallagher, Councilmember
Rebecca Gomez, Councilmember
Ray Schnell, Councilmember
Austin Lumbard, Mayor
NOVEMBER 21, 2023
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PUBLIC COMMENT - BEATRIZ VELASQUEZ
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3048
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 - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1 matter - related to fire and release of substances from Navy-owned Hangar and subsequent response actions)
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY - 7:00 P.M
CALL TO ORDER – #3048
INVOCATION - Fr. Khoi, St. Cecilia Church
PLEDGE OF ALLEGIANCE – Council Member Ray Schnell
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 NOVEMBER 7, 2023, AND THE EMERGENCY MEETING HELD ON NOVEMBER 10, 2023.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on November 7, 2023, and the Emergency Meeting of the City Council held on November 10, 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 $1,060,258.27 and Demands in the amount of $2,571,619.22.
Agenda Report
4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1538 APPROVING DEVELOPMENT AGREEMENT (DA) 2023-0002 (CITY VENTURES HOMEBUILDING, LLC) Adoption of Ordinance No. 1538 approves Development Agreement 2023-0002 accepting the provision of community public benefits, by including two (2) affordable housing units for very low-income households, payment of a voluntary workforce housing incentive program in-lieu fee, and provision of a 1,392 square foot public amenity space.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No. 1538.
ORDINANCE NO. 1538
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2023-0002 BETWEEN THE CITY OF TUSTIN AND CITY VENTURES HOMEBUILDING, LLC TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING TWO (2) AFFORDABLE HOUSING UNITS FOR VERY-LOW INCOME HOUSEHOLDS, PAYMENT OF VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM IN-LIEU FEE, AND A 1,392 SQUARE FOOT PUBLIC AMENITY SPACE FOR A NEW, LIVE/WORK AND RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE THIRY-FIVE (35) RESIDENTIAL CONDOMINIUM UNITS AND SEVEN (7) LIVE/WORK UNITS, FOR A TOTAL OF FORTY TWO (42) UNITS IN SIX BUILDINGS, INCLUDING TWO (2) AFFORDABLE UNITS, ON APPROXIMATELY TWO (2) ACRES AT 14042 NEWPORT AVENUE Agenda Report
5. DECLARATION OF SURPLUS EQUIPMENT
The City has accumulated obsolete and/or damaged equipment that includes but is not limited to desktop and laptop computers, access points, servers, and phone devices that are no longer usable or required for public use.
Recommendation:
1. Declare the listed equipment surplus and not required for public use; and,
2. Authorize staff to sell serviceable equipment and dispose of assets beyond repair Agenda Report
6. ADOPT RESOLUTION NO. 23-55 ESTABLISHING PRIMA FACIE SPEED LIMIT ON MOFFETT DRIVE AND ADOPT RESOLUTION NO. 23-56 AUTHORIZING INSTALLATION OF ALL-WAY STOP CONTROLS AT MOFFETT DRIVE AND WINDROW ROAD INTERSECTION An analysis of traffic control at the intersection of Moffett Drive and Windrow Road has been completed. It has been determined that the installation of all-way stop controls for this intersection are appropriate for assignment of vehicular right-of-way. In support of this finding as an input for the stop sign analysis, the speed limits on Moffett Drive also need to be adopted which is based on an engineering and traffic survey as required by the California Vehicle Code (CVC).
Recommendation:
It is recommended that the City Council adopt Resolution No. 23-55, establishing Prima Facie Speed Limits on Moffett Drive, and Resolution No. 23-56, authorizing the installation of all-way stop controls at the intersection of Moffett Drive and Windrow Road. RESOLUTION NO. 23-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON MOFFETT DRIVE RESOLUTION NO. 23-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DESIGNATING THE LOCATION OF ALL-WAY STOP CONTROL AT A CERTAIN INTERSECTION Agenda Report
7. HOUSING SUCCESSOR ANNUAL REPORT FOR FISCAL YEAR 2022-2023 In accordance with Senate Bill 341’s amendments to Health & Safety Code Section ("HSC") 34176.1(f), the Tustin Housing Authority, serving as the Housing Successor to the former Tustin Community Redevelopment Agency, has prepared an annual report for filing with the Tustin Housing Authority Commission and the Tustin City Council.
Recommendation:
It is recommended the Tustin Housing Authority Commissioners take the following actions:
1. Receive and file the Housing Successor Annual Report for Fiscal Year ("FY") 2022-2023 and transmit such report to the Tustin City Council.
It is recommended the Tustin City Council take the following actions:
1. Receive and file the Housing Successor's Annual Report for FY 2022-2023.
2. Direct that a copy of the Housing Successor Annual Report be posted on the City of Tustin's website at www.tustinca.org Agenda Report
8. TEMPORARY SUSPENSION OF GENERAL LEAVE CAP
Adoption of the attached Resolution will temporarily suspend the cap on the accrual of General Leave to ensure the continued provision of essential services.
Recommendation:
Adopt Resolution No. 23-57 to authorize the City Manager, acting as the Director of Emergency Services, to suspend the cap on the accrual of General Leave for a period of 90 days, or for the duration of the declared local state of emergency, whichever is longer. RESOLUTION NO. 23-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER, ACTING AS THE DIRECTOR OF EMERGENCY SERVICES, TO SUSPEND THE CAP ON THE ACCRUAL OF GENERAL LEAVE Agenda Report
9. BUILDING BOARD OF APPEALS AD HOC COMMITTEE SELECTION Council direction is needed to fill (1) one vacancy on the Building Board of Appeals.
Recommendation:
That the City Council appoint Daniel Zavadil, as recommended by Mayor Lumbard and Mayor Pro Tem Clark, to serve on the Building Board of Appeals.
Agenda Report
PUBLIC HEARING ITEM 10
10. CONDITIONAL USE PERMIT (CUP) 2023-0008 AND DEVELOPMENT AGREEMENT (DA) 2023-0001 This project includes the replacement of an existing static freeway adjacent billboard at 1021 Edinger Avenue, a City-owned property, with a new ninety (90) foot tall, double-faced digital display billboard.
On November 15, 2022, the City Council approved a lease agreement between the City and the applicant, Outfront Media, for a digital display billboard on the subject property contingent upon the applicant successfully obtaining all necessary.
On October 24, 2023, the Planning Commission held a public hearing for the proposed project and adopted Resolution No. 4480, recommending that the City Council approve the CUP and DA.
Recommendation:
That the City Council do the following:
1. Adopt Resolution No. 23-49 approving CUP 2023-0008, a request to demolish an existing static billboard and construct a new ninety (90) foot tall, double-faced billboard.
2. Introduce and have first reading by title only of Ordinance No. 1539 for DA 2023-0001 to accept the provision of community public benefits, including the removal of three (3) existing static billboards located elsewhere in the City.
RESOLUTION NO. 23-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2023-0008 TO REPLACE AN EXISTING STATIC BILLBOARD WITH A NEW, NINETY (90) FOOT TALL, FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD WITH TWO (2) SIGN FACES MEASURING TWENTY (20) FEET BY SIXTY (60) FEET EACH AT 1021 EDINGER AVENUE
ORDINANCE NO. 1539
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT 2023-0001 BETWEEN THE CITY OF TUSTIN AND OUTFRONT MEDIA, LLC. IN ASSOCIATION WITH CONDITIONAL USE PERMIT 2023-0008 FOR A FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD AT THE CITY-OWNED PROPERTY LOCATED AT 1021 EDINGER AVENUE Agenda Report
ITEM FROM THE SPECIAL MEETING OF THE CITY COUNCIL
REQUEST FOR APPROPRIATIONS - HANGAR FIRE INCIDENT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, December 5, 2023, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.