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
APRIL 2, 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 8
PRESENTATION - ITEM 9
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3055
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]: (7 cases) A.
Claim No. 23-55, Claim of Salvador Morales
B.
Claim No. 23-57, Claim of Mercury OBO Rodolfo Saurez
C.
Claim No. 23-65, Claim of Daniz Erkan
D.
Claim No. 24-02, Claim of Peyvand Alavizadeh
E.
Claim No. 24-06, Claim of Anthony Valdivia
F.
Claim No. 24-07, Claim of Karen Roebuck
G.
Claim No. 24-08, Claim of California General Underwriters Insurance Company
5. PUBLIC EMPLOYMENT - Cal. Gov’t Code § 54957(b)(1). Title: City Manager
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (4 cases) 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 Acting Economic Development Deputy Director Negotiating Parties: Irvine Company
Under Negotiation: Price and Terms of Payment
B.
Property Address/Description: APN 430-391-03, 27-29, 56, 58, 60-65, 79-81 Agency: City of Tustin
City Negotiators: Nicole Bernard, Acting City Manager and Ryan Swiontek Acting Economic Development Deputy Director Negotiating Parties: Brookfield Homes Southern California LLC Under Negotiation: Price and Terms of Payment
C.
Property Address/Description: 430-272-11, 430-272-13, 430-272-14, 430-272-23, 430-272-24, 430-272-27 Agency: City of Tustin
City Negotiators: Nicole Bernard, Acting City Manager and Ryan Swiontek, Acting Deputy Director of Economic Development Negotiating Parties: Sam’s West Inc.
Under Negotiation: Price and Terms of Payment
D.
Property Address/Description: 430-272-04, 430-272-12, 430-272-14, 430-272-24, 430-272-27, 430-272-28, 430-461-11 Agency: City of Tustin
City Negotiators: Nicole Bernard, Acting City Manager and Ryan Swiontek, Acting Deputy Director of Economic Development Negotiating Parties: Topgolf International
Under Negotiation: Price and Terms of Payment
7. LABOR NEGOTIATIONS - [Government Code § 54957.6]:
Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association-Management Unit (TPMA) Employee Organization: Tustin Police Officers Association-Officer Unit (TPOA) Employee Organization: Tustin Police Support Services Management Association (TPSSMA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employees Employee Organization: Unrepresented Executive Management and Management Employees Employee Organization: Unrepresented Part-Time Employees
8. CONFERENCE WITH LABOR NEGOTIATOR – pursuant to Government Code § 54957.6: (1 case) A.
Unrepresented Employee: City Manager
Agency Representatives: David E. Kendig, City Attorney; Jacob Green and Greg Devereaux, Jacob Green and Associates
REGULAR MEETING OF THE CITY COUNCIL
- 7:00 P.M.
CALL TO ORDER – #3055
INVOCATION - Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE – Mayor Lumbard
PRESENTATIONS -
* Proclamation Recognizing Recreation Coordinator, Barbara Guerrero-Yanez for Years of Service * 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 - 7)
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 MARCH 5, 2024.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on March 5, 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 $1,028,789.23 and $990,618.94 and Demands in the amount of $11,170,314.69.
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. Receive and file the updated legislative matrix as of March 20
2. Receive and file legislative updates prepared by TPA
AGENDA REPORT
5. HOUSING ELEMENT REZONE STATUS UPDATE
In October 2021, the City submitted its Housing Element 2021-2029 to the California Department of Housing and Community Development for review. After making revisions based upon State feedback, the City received certification in September 2022 and the City Council adopted the State Certified Housing Element on October 4, 2022.
The City of Tustin’s Housing Element (HE) must demonstrate the ability to meet the assigned housing needs, established as part of the Regional Housing Needs Allocation (RHNA), through the provision of sites suitable for residential development over an eight-year period (2021 to 2029). To meet the assigned housing needs, the Housing Element identifies candidate sites that are suitable for residential development and sites that are required to be re-zoned to allow for housing development. The sites to be re-zoned include Enderle Center, Tustin Market Place and Tustin Legacy.
Recommendation:
It is recommended that the City Council receive and file the report.
AGENDA REPORT
6. POLICE OFFICER HIRING INCENTIVE PROGRAM
Staff is seeking City Council approval to implement a proposed Police Officer Hiring Incentive Program to improve the City’s success in recruiting, hiring, and retaining lateral Police Officers.
Recommendation:
Authorize the City Manager, or her designee, to implement a Police Officer Hiring Incentive Program.
AGENDA REPORT
7. DELEGATING AUTHORITY TO PERFORM LIABILITY CLAIMS ADMINISTRATIVE FUNCTIONS AND DETERMINE ELIGIBILITY FOR CALPERS DISABILITY RETIREMENT Adoption of the attached Resolutions will transfer the responsibility for performing liability claim administrative functions and determining an employee’s eligibility for a CalPERS disability retirement from the City Council to staff.
Recommendation:
Staff recommends that the City Council adopt the following Resolutions:
1. Resolution No. 24-21 to delegate authority to the City Manager or their designee to perform liability claim administrative functions; and
2. Resolution No. 24-22 to delegate authority to the City Manager or their designee to make determinations on Local Safety employee eligibility for a CalPERS disability retirement.
RESOLUTION NO. 24-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DELEGATING TO THE CITY MANAGER AUTHORITY TO HANDLE LIABILITY CLAIMS ADMINISTRATIVE FUNCTIONS
RESOLUTION NO. 24-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DELEGATING TO THE CITY MANAGER AUTHORITY TO MAKE DISABILITY RETIREMENT DETERMINATIONS
AGENDA REPORT
PUBLIC HEARING ITEM 8
8. CODE AMENDMENT 2024-0002 (ORDINANCE NO. 1536) – (CODE STREAMLINING AND IMPROVEMENT PROGRAM) The City’s Strategic Plan identifies development streamlining as one of its goals. The proposed Code Amendment (CA) 2024-0002 is a City-initiated request to amend Tustin City Code (TCC) Article 9 (Land Use) as part of the Community Development Department’s Code Streamlining and Improvement Program. The goal of the Code Streamlining and Improvement Program is to evaluate the City’s land use code and propose amendments to sections that lack clarity, are outdated, or do not respond to current market trends. The proposed CA also streamlines the entitlement process in order to increase effectiveness and efficiency. The Community Development Department will continue to evaluate land use related codes and practices on a regular basis and will introduce amendments when appropriate in the future.
On February 27, 2024, the Planning Commission adopted Resolution 4471 (Attachment A), recommending that the City Council adopt Ordinance No. 1536, approving CA 2024-0002. The Planning Commission Minutes are provided as Attachment B for reference.
Recommendation:
That the City Council introduce and have a first reading, by title only, of Ordinance No. 1536, amending various sections of Article 9 (Land Use) of the TCC relating to the Code Streamlining and Improvement Program to provide clarity, consistency of terms and definitions, and compliance with State law. ORDINANCE NO. 1536 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE, CODE AMENDMENT (CA) 2024-0002 RELATING TO THE CODE STREAMLINING AND IMPROVEMENT PROGRAM TO PROVIDE CLARITY, CONSISTENCY OF TERMS AND DEFINITIONS, AND COMPLIANCE WITH STATE LAW.
AGENDA REPORT
REGULAR BUSINESS ITEM 9
9. 2023 YEAR IN REVIEW – COMMUNITY DEVELOPMENT DEPARTMENT The 2023 Year in Review summarizes Community Development Department’s programs and activities conducted from January through December 2023. The 2023 Year in Review report highlights activities under the following categories:
* Current Planning - Industrial, commercial, mixed-use, and residential development and projects under review. * Advance Planning - General Plan and code amendments, historic preservation, and Community Development Block Grant activities. * Performance Metrics - Code Enforcement, Building Division, Planning Division and Planning Concierge Services. * Streamline Tustin Initiative – Several program components and programs reducing project review time, permit issuance time, and more.
Recommendation:
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, April 16, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.