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
MARCH 5, 2024
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
E-COMMENT - ERIC HIGUCHI
BIAOC LETTER
E-COMMENT - CESAR COVARRUBIAS
PRESENTATION - NAVY NORTH HANGAR STATUS UPDATE
PRESENTATION - ITEM 14
PRESENTATION - ITEM 15
PRESENTATION - ITEM 16
SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
- 4:30 P.M.
CALL TO ORDER
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. LIABILITY CLAIMS – [Government Code § 54956.95]: (1 case) A.
Application For Leave To Present A Late Claim For Claim Of Thomas Conroy Obo E. S. – Claim No. 24-03, And Claim Of Thomas Conroy Obo E. S. – Claim No. 24-03
5. LABOR NEGOTIATIONS - [Government Code § 54957.6]: Agency Negotiators: Derick Yasuda, Director of Human Resources Employee Organization: Tustin Municipal Employees Association Employee Organization: Tustin Police Officers Association-Management Unit Employee Organization: Tustin Police Officers Association-Officer Unit Employee Organization: Tustin Police Support Services Management Association Employee Organization: Tustin Police Support Service Association Employee Organization: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employees Employee Organization: Unrepresented Executive Management and Management Employees Employee Organization: Unrepresented Part-Time Employees
6. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957): Consultation with Police Chief
REGULAR MEETING OF THE CITY COUNCIL
- 7:00 P.M.
CALL TO ORDER – #3054
INVOCATION - Rev. Tim Ellington, Aldersgate Methodist Church PLEDGE OF ALLEGIANCE – Council Member Schnell
PRESENTATIONS -
Red Cross Month Proclamation
Navy North Hangar Status Update
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 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 FEBRUARY 20, 2024.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 20, 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 $1,027,600.77 and Demands in the amount of $11,548,445.19.
AGENDA REPORT
4. RESOLUTION DETERMINING THE NEED TO CONTINUE THE PROCLAIMED LOCAL EMERGENCY RELATED TO THE NAVY NORTH HANGAR At its meeting on November 10, 2023, the City Council ratified the Acting City Manager’s Proclamation of Local Emergency related to the fire at the Navy’s North Hangar and release of chemicals of public health concern, including asbestos. At a special meeting of the City Council on January 9, 2024, the Council reviewed and determined the need to continue the local emergency. This item recommends that the City Council once again review and determine that the need exists to continue the local emergency, as required by State law.
Recommendation:
It is recommended that the City Council adopt the attached Resolution 24-20 determining the need exists to continue the local emergency related to the fire and release of chemicals of public health concern, including asbestos, from the Navy’s North Hangar. RESOLUTION 24-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THE NEED TO CONTINUE LOCAL EMERGENCY RELATED TO FIRE AND RELEASE OF HAZARDOUS MATERIALS FROM NAVY NORTH HANGAR
AGENDA REPORT
5. 2023 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION MONITORING STATUS REPORT FOR FEIS/EIR FOR TUSTIN LEGACY SPECIFIC PLAN The California Government Code requires that the Planning Commission provide an annual progress report to the City Council on the status of the City’s General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing development, maintenance, and improvement.
In addition, the City Council certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of MCAS Tustin along with its Supplemental and Addendums. The FEIS/EIR evaluated the environmental impacts of the reuse and disposal of MCAS-Tustin, which included the adoption of a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP requires annual review to ensure compliance with required mitigations.
On February 27, 2024, the Planning Commission reviewed the General Plan Annual Report and the Tustin Legacy Annual Mitigation Monitoring Status Report and authorized staff to forward the reports to the City Council. With Council authorization, staff will forward the General Plan Annual Report to the California Department of Housing and Community Development (HCD) and Office of Planning and Research (OPR) in fulfillment of the State’s requirement, and receive and file the Tustin Legacy Annual Mitigation Monitoring Status Report.
Recommendation:
That the City Council:
Authorize staff to forward the General Plan Annual Report to the State OPR and HCD; and Receive and file the Tustin Legacy Annual Mitigation Monitoring Status Report and authorize staff to submit a subsequent report when considerable and significant activities occur.
AGENDA REPORT
6. REQUEST TO INCREASE REVENUE BUDGET AND APPROPRIATION BASED ON THE THIRD AMENDMENT TO THE COOPERATIVE AGREEMENT WITH THE NAVY AS RELATED TO THE NORTH HANGAR FIRE INCIDENT The City expects to enter into a third amendment to the Cooperative Agreement with the U.S. Department of the Navy (Navy) to implement an emergency response related to the North Hangar Fire Incident. Staff is requesting the City Council’s approval to increase revenue budget and related appropriation by the Navy’s reimbursement amount specified in the third amendment. The City expects the third amendment will increase the reimbursement amount pledged by the Navy by approximately $13 million – for a current not to exceed total of approximately $24 million. The City expects the balance of costs, currently estimated at more than $50 million, the City is incurring on the Navy’s behalf to be pledged for reimbursement by the Navy in subsequent amendments.
Recommendation:
It is recommended that the City Council increase revenue budget and related appropriation by the Navy’s reimbursement amount outlined in the third amendment to the Cooperative Agreement.
AGENDA REPORT
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1540 (CODE AMENDMENT (CA) 2024-0001 - CANNABIS BUSINESSES AND ACTIVITY) Adoption of Ordinance No. 1540 amends Tustin City Code (TCC) Sections 3141, 3152, 9270, and 9297 pertaining to the regulation of cannabis businesses and activity within the City. Proposed CA 2024-0001 would update the TCC to ensure that it is not inconsistent with the Medicinal Cannabis Patients’ Right of Access Act, that became effective on January 1, 2024.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No. 1540.
ORDINANCE NO. 1540 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTIONS 3141, 3152, 9270, AND 9297 TO UPDATE THE CITY'S BUSINESS AND LAND USE REGULATIONS PERTAINING TO CANNABIS BUSINESSES (CODE AMENDMENT 2024-0001)
AGENDA REPORT
8. AWARD OF CONTRACT FOR THE CONSTRUCTION OF CENTENNIAL PARK IMPROVEMENTS PROJECT, CIP NO. 20090 Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Centennial Park Improvements Project, CIP No. 20090.
Recommendation:
It is recommended that the City Council:
1. Award the construction contract to Elegant Construction, Inc., the lowest responsive/responsible bidder, in the amount of $4,683,474.71, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and
2. Appropriate $450,000 from the Land Sale Proceeds Fund (Fund 189).
AGENDA REPORT
9. AWARD CONTRACT FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 5, CIP NO. 70023 Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Annual Roadway Rehabilitation and Sidewalk Repair Project for Zone 5, CIP No. 70023.
Recommendation:
It is recommended that the City Council:
1. Award a construction contract to the lowest responsive/responsible bidder, Onyx Paving Company, Inc. in the amount of $3,869,000 for the Annual Roadway Rehabilitation and Sidewalk Repair Project - Zone 5, CIP No. 70023 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and
2. Appropriate $2,800,000 from the Gas Tax Fund (Fund 130) and $1,600,000 from the Road Maintenance and Rehabilitation Allocation Fund (Fund 140).
AGENDA REPORT
10. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CIVIC CENTER ALTERNATE POWER SOURCE PROJECT, CIP NO. 10069 The plans and specifications for the Civic Center Alternate Power Source Project (CIP No. 10069) have been prepared and the project is now ready for bid.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 24-17 approving the plans and specifications for the Civic Center Alternate Power Source Project (CIP No. 10069); and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 24-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE CIVIC CENTER ALTERNATE POWER SOURCE PROJECT, CIP NO. 10069 AND AUTHORIZING ADVERTISEMENT FOR BIDS
AGENDA REPORT
11. AUTHORIZING USE OF THE OMNIA PARTNERS PURCHASING PROGRAM TO ENTER INTO AN AGREEMENT FOR THE TUSTIN SPORTS PARK ROOF REPLACEMENT PROJECT, CIP NO. 20095 Staff is requesting authorization to award the Tustin Sports Park Roof Replacement Project, CIP No. 20095, through use of the OMNIA Partners Purchasing Program.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 24-16 authorizing the use of OMNIA Partners; Contract # PW1925 with Garland DBS, Inc. for the purchase, installation and warranty in the amount of $365,399; and
2. Reallocate $310,000 of Park Development Funds (Fund 131) from the Annual Major Park Maintenance Program (CIP 20054) to the Tustin Sports Park Roof Replacement Project (CIP 20095); and
3. Appropriate $55,399 from the Park Development Fund (Fund 131) for completion of the project; and
4. Authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City.
RESOLUTION NO. 24-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING USE OF THE OMNIA PARTNERS PURCHASING PROGRAM TO PURCHASE CERTAIN ITEMS FOR THE TUSTIN SPORTS PARK ROOF REPLACEMENT PROJECT, CIP NO. 20095
AGENDA REPORT
12. COLUMBUS TUSTIN PARK DUGOUT MURAL PUBLIC ART PROJECT At their February 21, 2024, meeting, the Public Art Commission selected a design for the Columbus Tustin Park Dugout Mural to recommend to the City Council for final approval.
Recommendation:
It is recommended that the City Council adopt Resolution 24-18 approving the wall mural design, submitted by artist Mer Young, to be installed on an exterior dugout wall at Columbus Tustin Park and authorize the Parks and Recreation Department to execute an agreement with the artist.
RESOLUTION NO. 24-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ARTWORK FOR THE COLUMBUS TUSTIN PARK DUGOUT MURAL AS RECOMMENDED BY THE PUBLIC ART COMMISSION AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE ARTIST
AGENDA REPORT
13. “MAKE A HOUSE A HOME” GIFTED PUBLIC ART SCULPTURE
The Public Art Commission has approved the acceptance and installation of the “Make a House a Home” gifted public art sculpture with a recommendation to the City Council for final approval.
Recommendation:
It is recommended that the City Council adopt Resolution 24-19 approving the acceptance and installation of the “Make a House a Home” gifted public art sculpture from artist Hiromi Takizawa, at the island on El Camino Way. RESOLUTION NO. 24-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ACCEPTANCE AND INSTALLATION OF THE “MAKE A HOUSE A HOME” GIFTED PUBLIC ART SCULPTURE AT THE EL CAMINO WAY ISLAND AS RECOMMENDED BY THE PUBLIC ART COMMISSION
AGENDA REPORT
PUBLIC HEARING ITEM 14
14. COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENTS PERFORMANCE EVALUATION The Housing and Community Development Act of 1974, as amended, established the Community Development Block Grant (CDBG) program to return federal funds to local communities for the purpose of developing viable urban communities by providing decent housing, suitable living environments, and by expanding economic opportunities, specifically for low- and moderate-income persons. The City of Tustin’s CDBG grant award for the 2024-25 program year is anticipated to be approximately $750,000 based on the prior year funding allocation provided by the federal Department of Housing and Urban Development (HUD).
Pursuant to CDBG program regulations, to carry out the program, the City will need to have at least two public hearings. One hearing is conducted during the preparation of the Action Plan, and another for the adoption of the Action Plan. This is the first public hearing, with the purpose to inform interested citizens about the CDBG program, obtain citizens’ views on CDBG priorities, and to provide a report on the performance of the nine (9) current year public service CDBG fund subrecipients (also known as non-profit subrecipients).
Recommendation:
That the City Council:
1. Hold the first required public hearing to receive public input and testimony; and,
2. Review the current Consolidated Plan priorities and consider non-profit subrecipient's performance evaluations, and approve continued funding for Year 2.
AGENDA REPORT
REGULAR BUSINESS ITEM 15-16
15. TEMPORARY SUSPENSION OF AFFORDABLE HOUSING IN-LIEU FEE This report is a follow-up to the December 5, 2023 City Council meeting where the City Council directed staff to prepare resolutions for applicable policy options identified in the Mayor’s Economic Development Ad-Hoc Committee’s recommendation list. This item is the implementation of the policy option to, for a period of 36 months, temporarily suspend the affordable housing in-lieu fee for residential projects located in the Downtown Commercial Core Specific Plan (DCCSP) and Red Hill Avenue Specific Plan (RHASP) areas.
The City Council will be asked for direction in April for review of the current Voluntary Workforce Housing Program’s (mid-term goal) effectiveness and feasibility analysis to optimize rules consistency with the Housing Element, evolving State laws, and economic consideration.
Recommendation:
It is recommended that the City Council adopt Resolution No. 24-14, temporarily suspending the affordable housing in-lieu fee for 36 months for residential projects located in the DCCSP and RHASP areas. RESOLUTION NO. 24-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUSPENDING AFFORDABLE HOUSING IN-LIEU FEES FOR CERTAIN TYPES OF RESIDENTIAL DEVELOPMENT PROJECTS IN THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AND RED HILL AVENUE SPECIFIC PLAN AREAS
AGENDA REPORT
16. PROPOSED FORM OF ORDINANCE TO AMEND THE CITY’S TERM LIMITS FOR MAYOR AND CITY COUNCIL MEMBERS In accordance with the City Council’s direction at its January 16, 2024, meeting, this item returns to the Council for consideration and approval of the attached form of City ordinance that would, if approved by Tustin’s voters at the November 2024 election, amend the City’s term limits.
Recommendation:
Staff recommends that the City Council:
1. Approve the form of the attached Ordinance 1542 for inclusion with a measure to be placed before Tustin's voters at the November 5, 2024, election; and
2. Direct staff to return to the Council with proposed resolutions related to calling the election on November 5, 2024, for: (1) the proposed term limits measure, and (2) the elections for Council Districts 1, 2 and 4 in accordance with Tustin City Code section 1309 d.(2)(d).
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, March 19, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.