CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
Ryan Gallagher, Mayor Pro Tem
Letitia Clark, Councilmember
Rebecca Gomez, Councilmember
Ray Schnell, Councilmember
Austin Lumbard, Mayor
FEBRUARY 6, 2024
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PRESENTATION - NAVY NORTH HANGAR STATUS REPORT
PRESENTATION - ITEM 12
PRESENTATION - ITEM 13
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3052
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. 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. PUBLIC EMPLOYMENT - Cal. Gov’t Code § 54957(b)(1). Title: City Manager
5. LIABILITY CLAIMS – [Government Code § 54956.95]: (3 cases) A.
Claim No. 23-02, Claim of Sidney Wu
B.
Claim No. 23-17, Claim of Sidney Wu OBO: Evangelina Wu
C.
Claim No. 23-63, Claim of Nicholas Solis
6. 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 Negotiators: Nicole Bernard, Acting City Manager and Ryan Swiontek Economic Development and Housing Manager Negotiating Parties: Irvine Company
Under Negotiation: Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN PUBLIC FINANCING AUTHORITY - 7:00 P.M.
CALL TO ORDER – #3052
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion PRESENTATION - Navy North Hangar Status Report
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 - 11)
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 JANUARY 16, 2024.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on January 16, 2024.
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 $1,621,640.38 and Demands in the amount of $12,335,505.44.
AGENDA REPORT
4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING DECEMBER 31, 2023 Recommendation:
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.
AGENDA REPORT
5. ADOPT RESOLUTION NO. 24-04 APPROVING APPLICATION FOR GRANT FUNDS FOR THE TUSTIN LEGACY PARK IMPROVEMENTS PROJECT Representative Petrie-Norris secured an appropriation of $750,000 for park improvements in the FY 23/24 California state budget for the Tustin Legacy Park Improvements Project. The California Department of Parks and Recreation is responsible for administering this appropriation. City Council adoption of the attached resolution approving the submittal of an application for this funding is required.
Recommendation:
Staff recommends the City Council approve Resolution No. 24-04.
RESOLUTION NO. 24-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM THE BUDGET ACT OF 2023, SEC. 19.561. (B) (30) $750,000 TO THE CITY OF TUSTIN, FOR THE CITY OF TUSTIN LEGACY PARK IMPROVEMENTS
AGENDA REPORT
6. ADOPT RESOLUTION NO. 24-05 ORDERING THE PREPARATION OF THE ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEW OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2024-2025 State law requires an engineering analysis each year to identify property benefits and to levy assessments in the Tustin Landscape and Lighting District. Resolution No. 24-05 orders the preparation of the Engineer’s Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2024-2025.
Recommendation:
It is recommended that the City Council adopt Resolution No. 24-05 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2024-2025.
RESOLUTION NO. 24-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2024-2025
AGENDA REPORT
7. SECOND AMENDMENT TO CONTRACT WITH CR&R INCORPORATED
CR&R Incorporated (CR&R) is the City’s exclusive provider for solid waste and recycling services. The Contract between the City and CR&R allows for annual rate increases to offset increases in the cost to provide the service. To ensure Proposition 218 compliance the City will be updating the annual rate adjustment process after a public hearing in June 2024. Contractually, annual rate increases have been adjusted using the Producer Price Index (PPI) for the prior calendar year. In an effort to meet the timeline and public notification requirements of Prop 218, staff and CR&R have agreed to amend the contract to use the October PPI to determine the rate adjustment that will take effect on July 1, 2024, and annually thereafter.
Recommendation:
Staff recommends the City Council approve the Second Amendment to Agreement for the Collection, Transportation, Processing and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris and Other Materials and for the Collection, Transportation and Disposal of Municipal Solid Waste; and authorize the City Clerk and Mayor to execute the Second Amendment.
AGENDA REPORT
8. JOINT POWERS AUTHORITY AGREEMENT WITH THE INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY Approval of a Joint Powers Authority Agreement (JPA) between the Integrated Law & Justice Agency for Orange County (ILJAOC) and the City of Tustin in order to make several amendments to the JPA. In addition, revisions have been made to the JPA in order to ensure the practices of the Board conform with the requirements of the JPA.
Recommendation:
1. Approve the recommended amendments to the Governance Document of the ILJAOC Joint Powers Authority.
2. Direct the City Clerk to provide a minute order to the ILJAOC Recording Secretary (Jennifer Manzella at [email protected]), confirming the Council's action.
AGENDA REPORT
9. POLICE DEPARTMENT VEHICLE PURCHASE
Four (4) marked Police Department patrol vehicles have been identified as needing to be replaced due to excessive mileage and/or age. Staff is recommending the purchase of four (4) 2023 Dodge Durango pursuit-rated vehicles to replace the aging patrol vehicles.
Recommendation:
It is recommended the City Council authorize:
1. The purchase of four (4) 2023 Dodge Durango pursuit-rated vehicles from the National Auto Fleet Group in the City of Alhambra in the amount of $224,874.84 ($56,218.71 each) as replacements for four of the aging, high-mileage vehicles scheduled for replacement.
2. The purchase of police equipment conversion packages for four (4) 2023 Dodge Durango pursuit-rated vehicles in the amount of $78,212.57 ($19,553.14 each).
3. The purchase of graphic designs from Digital Magic Signs for four (4) 2023 Dodge Durango pursuit-rated vehicles in the amount of $2,578.59 ($644.64 each).
4. The purchase of secondary battery boxes for four (4) Dodge Durango pursuit-rated vehicles in the amount of $763.44 ($190.86 each).
5. The purchase of one (1) Motorola APX 6500/Enh Series radio in the amount of $14,658.31.
6. The Public Works Department to dispose of the retired surplus vehicles at the next available public auction and credit net proceeds to the applicable City Revenue Fund.
7. The Public Works Department to dispose of the two (2) retired 2014 Ford Taurus unmarked vehicles. Unit#3506 (1FAHP2MK5EG175306) and Unit #3507 (1FAHP2MK1EG178784) were both replaced by the purchase of lease vehicles during the fiscal year.
AGENDA REPORT
10. ADOPT RESOLUTION NO. 24-06 TO APPROVE CITY’S COMMITMENT TO PROJECTS SUBMITTED FOR INCLUSION IN THE 2025 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM The Main Street Improvement project has been submitted to the Orange County Transportation Authority (OCTA) Complete Street Program for consideration. As part of this effort the Main Street Improvement project must also be submitted for inclusion in the 2025 Federal Transportation Improvement Program (FTIP). City Council adoption of Resolution No. 24-06 will certify City resources and commitment to fund projects submitted through FTIP.
Recommendation:
It is recommended that the City Council adopt Resolution No. 24-06 certifying and affirming its commitment to fund the projects submitted for inclusion in the 2025 Federal Transportation Improvement Program.
RESOLUTION NO. 24-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN WHICH CERTIFIES THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED IN THE FY 2024/25 - 2029/30 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM
AGENDA REPORT
11. PARKLAND IN-LIEU FEE WAIVER REQUEST - INTRACORP
On January 17, 2023, the City Council approved a General Plan Amendment, Zone Change, Design Review, Density Bonus, Subdivision Map and Development Agreement (DA) for Intracorp to construct 40 new residential condominiums on a 2.07-acre parcel at 17802 and 17842 Irvine Boulevard. Two (2) of the 40 units will be set aside for affordable housing for Very Low-Income households. On January 10, 2024, Intracorp submitted a request for a waiver of the two (2) Very Low-Income units from park in-lieu fees.
Recommendation:
That the City Council adopt Resolution No. 24-11 approving the waiver of park in-lieu fees for the two (2) Very Low-income units.
RESOLUTION NO. 24-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING A WAIVER OF PARKLAND IN-LIEU FEES FOR TWO (2) AFFORDABLE HOUSING UNITS LOCATED AT 17802 AND 17842 IRVINE BOULEVARD
AGENDA REPORT
PUBLIC HEARING ITEM 12
12. RESOLUTIONS AUTHORIZING THE ISSUANCE AND SALE OF WATER REVENUE BONDS TO FINANCE IMPROVEMENTS TO THE CITY OF TUSTIN’S MUNICIPAL WATER ENTERPRISE AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS; AND A RESOLUTION APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF FIRST AMENDMENTS TO THE INDENTURE OF TRUSTS DATED AS OF SEPTEMBER 1, 2016 AND FEBRUARY 1, 2020 Approval by the City of Tustin ("City") and by the Tustin Public Financing Authority ("Authority") are requested to authorize the issuance of the Tustin Public Financing Authority, Water Revenue Bonds, Series 2024 (Subordinate Lien) (the "2024 Bonds"). Approval by the City is requested to amend the Indenture of Trusts, dated as of September 1, 2016, and February 1, 2020, by and between the City and the Bank of New York Mellon Trust Company, N.A.
Recommendation:
It is recommended that:
1. The City Council adopt City Council Resolution 24-07 entitled: RESOLUTION APPROVING PROCEEDINGS BY THE TUSTIN PUBLIC FINANCING AUTHORITY FOR THE ISSUANCE AND SALE OF ITS TUSTIN PUBLIC FINANCING AUTHORITY (ORANGE COUNTY, CALIFORNIA) WATER REVENUE BONDS TO FINANCE IMPROVEMENTS TO THE CITY'S MUNICIPAL WATER SYSTEM APPROVING THE FORM AND AUTHORIZING EXECUTION OF RELATED DOCUMENTS AND APPROVING RELATED OFFICIAL ACTIONS
2. The Board of Directors adopt Resolution 24-01 entitled: RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF WATER REVENUE BONDS TO FINANCE IMPROVEMENTS TO THE CITY OF TUSTIN'S MUNICIPAL WATER ENTERPRISE AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS
3. The City Council adopt City Council resolution 24-08 entitled: RESOLUTION APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE INDENTURE OF TRUST, DATED AS OF SEPTEMBER 1, 2016, BY AND BETWEEN THE CITY AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., RELATING TO THE $21,515,000 CITY OF TUSTIN (ORANGE COUNTY, CALIFORNIA) 2016 WATER REFUNDING REVENUE BONDS, AND A FIRST AMENDMENT TO THE INDENTURE OF TRUST, DATED AS OF FEBRUARY 1, 2020, BY AND BETWEEN THE CITY AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., RELATING TO THE $14,910,000 CITY OF TUSTIN (ORANGE COUNTY, CALIFORNIA) TAXABLE WATER REFUNDING REVENUE BONDS, SERIES 2020
AGENDA REPORT
REGULAR BUSINESS ITEM 13
13. OLD TOWN TUSTIN HISTORIC VIRTUAL WALKING TOUR
The Community Development Department is pleased to present a new interactive resource to the community, the Old Town Tustin Historic Virtual Walking Tour. This self-guided walking tour features 14 historic sites throughout the Old Town area, that takes participants on a journey through Tustin’s history. As tour participants reach each stop, historic photos and facts about the site are accessible on any mobile device. The walking tour was created to promote interest in historic preservation in Tustin, and to generate new excitement around the City’s rich history.
To view the tour, visit www.tustinca.org/walkingtour or scan the QR code provided.
Recommendation:
It is recommended that the City Council receive and file the report.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, February 20, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.