DocuSign Envelope ID: 22FEEF31- E364- 4E3B- 9302- EA5DEED98FC4 CITY OF TUSTIN REGULAR APRIL 2, 2024
MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Ryan Gallagher, Mayor Pro Tem
Letitia Clark, Council Member Austin Lumbard, Mayor Nicole Bernard, Acting City Manager Rebecca Gomez, Council Member Erica N. Yasuda, City Clerk Ray Schnell, Council Member David E. Kendig, City Attorney
MINUTES OF THE CLOSED SESSION MEETING
OF THE CITY COUNCIL
5: 30 P. M.
CALL TO ORDER — # 3055 at 5:32 p.m.
ROLL CALL — City Clerk
Present: Mayor Austin Lumbard, Mayo
Members Rebecca Gomez and
Absent: Council Member Letitia Clark
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney;
PUBLIC INPUT — None
Pro Tern Ryan Gallagher, Council
Ray Schnell
Nicole Bernard, Acting City Manager
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to discuss Items 1-8 as they appear on the Closed Session Agenda and 6A-6D which is conference with its real property negotiators Acting City Manager Nicole Bernard and Acting Deputy Director of Economic Development; and labor negotiations with Director of Human Resources Derick Yasuda and Peter Brown, Liebert Cassidy and Whitmore as the negotiators; and labor negotiations regarding the City Manager with labor negotiators David Kendig and Jacob Green and Greg Devereaux, Jacob Green and Associates. Noted for the record that Council Member Clark will participate remotely.
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 City Council April 2, 2024
Meeting Minutes Page 1 of 13
DocuSign Envelope ID: 22FEEF31- E364- 4E3B- 9302- EA5DEED98FC4 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 Council April 2, 2024
Meeting Minutes Page 2 of 13
DocuSign Envelope ID: 22FEEF31- E364- 4E3B- 9302- EASDEED98FC4City NegotiatorsNicole Bernard, Acting City Managerand RyanSwiontek Acting EconomicDevelopment Deputy
Director Negotiating
Parties Brookfield Homes Southern California LLC Under
NegotiationPrice and Termsof PaymentC.
Property Address/
Description 430-
272- 11, 430- 272- 13, 430- 272- 14, 430- 272-
23, 430- 272- 24, 430- 272- 27 Agency
City of TustinCity
NegotiatorsNicole Bernard, Acting City Managerand RyanSwiontek, Acting Deputy Director of EconomicDevelopment
Negotiating
Parties Sam' s WestInc. Under
NegotiationPrice and Termsof PaymentD.
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 TustinCity
NegotiatorsNicole Bernard, Acting City Managerand RyanSwiontek, Acting Deputy Director of EconomicDevelopment
Negotiating
Parties Topgolf InternationalUnder
NegotiationPrice and Termsof Payment7.
LABORNEGOTIATIONS — [Government Code § 54957. 61: Agency Derick Yasuda, Director of HumanResources and Peter Brown, Negotiators:
Liebert CassidyWhitmoreEmployee
Tustin Municipal Employees Association ( TMEA) Organization:
Employee
Tustin Police Officers Association —Management Unit ( TPMA) Organization:
Employee
Tustin Police Officers Association —Officer Unit ( TPOA) Organization:
Employee
Tustin Police Support Services Management Association ( TPSSMA) Organization:
City
CouncilApril 2, 2024Meeting
Minutes Page 3 of 13
DocuSign Envelope ID: 22FEEF31- E364- 4E3B- 9302- EASDEED98FC4Employee Tustin Police Support Service Association (TPSSA) Organization:
Employee
Unrepresented Confidential Employees Organization:
Employee
Unrepresented Supervisory Employees Organization:
Employee
Unrepresented Executive Management and ManagementOrganization:
Employees Employee
Unrepresented Part - Time EmployeesOrganization:
8. CONFERENCEWITH LABOR NEGOTIATOR — pursuant to GovernmentCode § 54957. 6: ( 1 case) A.
UnrepresentedEmployee: City ManagerAgency
Representatives: David E. Kendig, City Attorney; Jacob Green and Greg Devereaux, Jacob Green and AssociatesRecessed
at 5: 34p. m. Council
Member Clark arrivedat 5: 35p. m. MINUTES
OF THE REGULARMEETING OF THE CITY COUNCIL7:
00 P. M. CALL
TO ORDER — #3055 at 7: 14p. m. INVOCATION -
Pastor Jorge Molina, Mariners Church PLEDGE
OF ALLEGIANCE — Mayor Lumbard PRESENTATIONS —
Mayor
Lumbardpresented a Proclamationto RecreationCoordinator Barbara Guerrero- Yanez for Yearsof Serviceto theTustincommunity. IEM
RepresentativesSpencer Kostus and Colin Cummingsprovided a statusreport regarding the NavyNorth Hangar. PUBLIC
INPUT — City
CouncilApril 2, 2024Meeting
Minutes Page 4 of 13
DocuSign Envelope ID: 22FEEF31- E364- 4E3B- 9302- EASDEED98FC41.
MarieLuebbers (In - person) 2.
MariaManon (In - person) 3.
LanaClay (Zoom) 4.
Jon (Zoom) 5.
LanaClay (Zoom) CLOSED
SESSION REPORT — City AttorneyDavid E. Kendig: Council unanimouslydenied liability claims 23- 55, 23- 57, 23- 65, 24- 02, 24- 06, 24- 07, and24- 08. Councilwill reconvenein ClosedSession after Open Session to discussitems 1, 6A, and 613 andCouncilgave direction to labornegotiatorslisted in ClosedSession, items 7 and8. Otherthan that there was no reportableaction. CONSENT
CALENDAR ITEMS 1- 7 — Mayor
Lumbardnoted for the recordthat staff requestedto continueItem 2 to theApril 16th City Councilmeeting. Mayor
Lumbardpulled Item 6. PUBLIC
INPUT FOR THE CONSENTCALENDAR — None It
wasmovedby CouncilMember Clark and secondedby MayorPro TernGallagherto continue Item 2 totheApril16th meeting, pull Item6 andmovethe balanceas recommendedby staff. Roll
Call Vote — City ClerkMotion
carried: 5- 0 1.
WAIVE READING IN FULLOF ALL ORDINANCESAND RESOLUTIONSON THE AGENDA Motion:
The City Councilwaived reading in fullof all ordinancesand resolutionson the agendaand declaredthat said titles which appear on the publicagendashall be determined to havebeen read by titleand furtherreading waived. 2.
APPROVALOF MINUTES — THE REGULARMEETING OF THE CITY COUNCILHELD ON MARCH5, 2024. Motion:
The City Councilcontinuedthis item to theApril16, 2024meeting. 3.
RATIFICATIONOF PAYROLLAND DEMANDSCity
CouncilApril 2, 2024Meeting
Minutes Page 5 of 13
DocuSign Envelope ID: 22FEEF31- E364- 4E3B- 9302- EA5DEED98FC4 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.
Motion: The City Council approved Payroll in the amount of $ 1, 028, 789. 23 and 990, 618. 94 and Demands in the amount of $ 11, 170, 314. 69.
4. LEGISLATIVE UPDATE
Staff and the City' s consultant Townsend Public Affairs ( TPA) have prepared a summary of state legislative activity.
Motion:
1. Received and filed the updated legislative matrix as of March 20.
2. Received and filed legislative updates prepared by TPA.
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.
Motion: The City Council received and filed the 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.
Mayor Lumbard thanked Council' s support in getting this item on the agenda and thanked the collective support with staff, Chief Greenberg and the Police Department for the collaboration that they have enjoyed and will continue to enjoy.
It was moved by Mayor Lumbard and seconded by Mayor Pro Tern Gallagher to authorize the City Manager, or her designee, to implement a Police Officer Hiring City Council April 2, 2024
Meeting Minutes Page 6 of 13
DocuSign Envelope ID: 22FEEF31- E364- 4E3B- 9302- EASDEED98FC4Incentive Program. Roll
Call Vote — City ClerkMotion
carried: 5- 0 7.
DELEGATINGAUTHORITY TO PERFORMLIABILITY CLAIMS ADMINISTRATIVE
FUNCTIONS AND DETERMINEELIGIBILITY FOR CALPERSDISABILITY RETIREMENT Adoption
of theattachedResolutionswill transferthe responsibilityfor performingliability claim administrativefunctions and determiningan employee's eligibilityfor a CaIPERS disability retirementfrom the CityCouncilto staff. Motion:
The City Counciladopted the followingResolutions: Resolution No. 24- 21 to delegateauthority to theCity Manageror theirdesignee to performliability claim administrativefunctions; and 2.
ResolutionNo. 24- 22 to delegateauthority to theCity Manageror theirdesignee to makedeterminationson LocalSafety employeeeligibility for a CaIPERS disability retirement. RESOLUTION
NO. 24- 21 A
RESOLUTIONOF THE CITY COUNCILOF THE CITY OF TUSTIN, CALIFORNIA, DELEGATING
TO THE CITY MANAGERAUTHORITY TO HANDLELIABILITY CLAIMS
ADMINISTRATIVEFUNCTIONS RESOLUTION
NO. 24- 22 A
RESOLUTIONOF THE CITY COUNCILOF THE CITY OF TUSTIN, CALIFORNIA, DELEGATING
TO THE CITY MANAGERAUTHORITY TO MAKE DISABILITYRETIREMENT
DETERMINATIONS PUBLIC
HEARING ITEM 8 8.
CODE AMENDMENT2024- 0002 ( ORDINANCENO. 1536) — ( CODE STREAMLINING AND IMPROVEMENTPROGRAM) Assistant
Director of CommunityDevelopmentJay Eastmanprovided a PowerPointpresentation.
The
City' s StrategicPlan identifiesdevelopmentstreamlining as oneof its goals. The proposed Code Amendment (CA) 2024-0002 is a City -initiatedrequest to amendTustin City Code (TCC) Article9 ( LandUse) as partof theCommunityDevelopmentDepartment' s CodeStreamliningand ImprovementProgram. The goal of theCodeStreamlining and ImprovementProgram is to evaluatethe City's landuse codeand propose amendmentsto sectionsthat lack clarity, are outdated, or do not respondto current market trends. The proposedCA alsostreamlinesthe entitlementprocess in City CouncilApril 2, 2024Meeting
Minutes Page 7 of 13
DocuSign Envelope ID: 22FEEF31- E364- 4E3B- 9302- EA5DEED98FC4order to increaseeffectivenessand efficiency. The CommunityDevelopment Department will continueto evaluateland use relatedcodes and practiceson a regular basis and will introduceamendments when appropriatein thefuture. On February27, 2024, the PlanningCommissionadopted Resolution4471 Attachment A), recommendingthat the City Counciladopt OrdinanceNo. 1536, approving CA 2024-0002. The PlanningCommissionMinutes are providedas Attachment B forreference. Public
Hearingopened at 7: 53p. m. Public
Input — None Public
Hearingclosed at 7: 53p. m. It
wasmovedby MayorPro TernGallagherand secondedby CouncilMember Clark to introduceand havea firstreading, by titleonly, of OrdinanceNo. 1536, amendingvarious sections of Article9 ( LandUse) of theTCCrelatingto theCodeStreamliningand ImprovementProgram to provideclarity, consistencyof termsand definitions, and compliancewith State law. Roll
Call Vote — City ClerkMotion
carried: 5- 0 ORDINANCE
NO. 1536 AN
ORDINANCEOF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE9 ( LANDUSE) OF THE TUSTINCITY CODE, CODE AMENDMENT (CA) 2024- 0002 RELATINGTO THE
CODE STREAMLININGAND IMPROVEMENTPROGRAM TO PROVIDECLARITY,
CONSISTENCY OF TERMSAND DEFINITIONS, AND COMPLIANCEWITH STATE LAW. REGULAR
BUSINESS ITEM 9 9.
2023 YEAR IN REVIEW — COMMUNITY DEVELOPMENT DEPARTMENT Associate Planner Jorge Maldonadoprovided a PowerPointpresentation. The 2023 Year in ReviewsummarizesCommunity Development Department' s programs and activitiesconductedfrom Januarythrough December2023. The 2023Year in Reviewreport highlightsactivities under the followingcategories: Current Planning - Industrial, commercial, mixed - use, and residentialdevelopment and projectsunder review. City
CouncilApril 2, 2024Meeting
Minutes Page 8 of 13
DocuSign Envelope ID: 22FEEF31- E364- 4E3B- 9302- EASDEED98FC4Advance Planning - General Plan and code amendments, historic preservation, and CommunityDevelopmentBlock Grant activities. Performance Metrics - Code Enforcement, Building Division, Planning Division and PlanningConciergeServices. Streamline
Tustin Initiative — Several program componentsand programsreducing project review time, permitissuancetime, and more. The
City Councilreceived and filed the report. COUNCIL
MEMBER COMMENTS AND REPORTSCouncil
Member Schnell Announced
he willbe attendingOrange County Fire Authority's ( OCFA) and OrangeCounty Local 3631 Firefighters' Fire Ops 101 educationaltraining on May4, 2024; receiveda firesuit fittingrecentlyfor the program. NAarr,
h F Attended
the Women's Dayeventat ChapmanUniversity; received presentationsby manyaccomplished women sharing their professionalexperiences; was an amazingevent. March 7 Attended
the Annexat TustinLegacyDedicationevent; announcedthis locationprovides a secondary location for the Policeand Parksand RecreationDepartments and publicactivities.
March
13 Attended
the TustinChamberof CommerceBoard of Directorsmeeting; announcedEconomic DevelopmentDeputy Director, Jerry Craig, was in attendance. Attended the OrangeCounty Fire Authoritymeeting with Presidentof OrangeCounty Firefighters, Chris Hamm. Attended
the PublicWorks Department's ArborDay eventat El CaminoReal Park with Mayor Lumbard; reported a treewas plantedand gave a presentationto elementary school studentsexplainingthe meaningof ArborDay. March
14 Attended
the TustinUnified School District' s GolfClassicevent. March 28 Attended
the OrangeCounty Council of Governmentsmeeting; received a reporton the future of infrastructure, how to increasehousing and watertrends. March 30 Attended
the TustinParks and Recreation's EasterEgg Hunt event with MayorLumbardCity CouncilApril 2, 2024Meeting
Minutes Page 9 of 13
DocuSign Envelope ID: 22FEEF31- E364- 4E3B- 9302- EA5DEED98FC4 and Mayor Pro Tern Gallagher; was an impressive turn out even with the rainy weather.
Council Member Clark
Attended the Newport Bay Watershed Executive Committee meeting; reported Orange County Supervisor, Fifth District Katrina Foley, is the Chair of the Committee; received updates on projects happening all over Orange County; was inspiring to see what can be done in Tustin.
March 27
Attended the Navy North Hangar site tour with California Senator Josh Newman' s staff and Mayor Lumbard; reported Newman' s Chief of Staff, Brendan Murphy, stated someone does not understand how large the crisis was until they are up close to it.
Attended the Los Angeles Times B2B Publishing Inspirational Women Awards event; thanked Sona Shah, President of the Tustin Public Schools Foundation, for moderating the event; reported many inspiring and empowering women were honored at the event.
Announced Lemonade Day is on Saturday, April 6, 2024; stated this event is to encourage and promote young entrepreneurs; asked everyone to go out and support the young entrepreneurs.
Announced Girls in Government event is coming up on June 7, 2024; reported the event is open to high school seniors and college women; reported there is no fee to participate; stated discussions and workshops will be presented; thanked Acting City Manager, Nicole Bernard and City Clerk, Erica N. Yasuda for their support with the event; encouraged individuals to apply online at www. tustinca. org/ girlsingov.
Congratulated the One Seed Community Garden on its one- year anniversary; thanked One Seed for all the hard work securing grant funding for the garden and their partnership with the city.
Council Member Gomez
March 1A
Attended California District 73, 2024 Women of the Year event hosted by Assemblywoman Cottie Petrie -Norris; reported Council Member Clark presented Soledad Rivera with the honor of being Tustin' s Woman of the Year.
March 21
Attended the Orange County Mosquito and Vector Control District Board meeting; reported the following items:
Received two presentations on the 2024 campaign that will focus on increased engagement during California Mosquito Week and National Mosquito Week; and Received a presentation from Kosmont Realty regarding the market update on a potential new district facility; was a robust discussion on the future location of the district; and
City Council April 2, 2024
Meeting Minutes Page 10 of 13
DocuSign Envelope ID: 22FEEF31- E364- 4E3B- 9302- EA5DEED98FC4 Reported new policies for computers and information technology, and changes to job descriptions were approved; and
Stated a budget workshop will be held at the end of April 2024; stated the Board is working on the Strategic Plan which will be the new five- year plan along with the district mission and values statement; and
Announced a Public Information Officers ( PIO) Lunch and Learn workshop will be held to inform local cities of the district' s efforts; and Reminded everyone spring is the start of mosquito season; asked everyone to remove any standing water to reduce the number of mosquitos throughout the entire summer season.
March 29
Attended the Orange County ( OC) Forum' s event on housing options; reported an extensive discussion regarding new housing and the mix of retail with open space.
Announced the Columbus Tustin Park Dugout Mural Public Art Project is complete at the corner of Irvine Boulevard and Prospect Avenue; stated it enhances the corner.
March 30
Attended the Tustin Parks and Recreation' s Easter Egg Hunt event; thanked the Tustin Parks and Recreation staff for their hard work to convert the event to indoors; reported many parents were appreciative of the last- minute effort transition to indoors instead of cancelling the event.
Asked staff to promote Tustin as the City of Trees.
Mayor Pro Tem Gallagher
March 30
Attended the Tustin Parks and Recreation' s Easter Egg Hunt event; was a great event; thanked all the Parks and Recreation staff for their hard work to pivot the event to indoors.
Thanked the One Seed Community Garden for all the ways the community garden is connecting back to the Tustin community; asked staff to investigate creating a porthole in conjunction with a public art project in the fence to inform everyone the garden is located within.
Attended three Orange County Sanitation ( OC San) District meetings; stated the OC San is utilizing its low yield reserves to pay down higher interest debt in the amount of over 20 million dollars in long term savings; asked Tustin' s Finance Department to seek out similar creative financial opportunities.
Mayor Lumbard
March 7
Attended the Annex at Tustin Legacy Dedication event; thanked city staff for their hard work City Council April 2, 2024
Meeting Minutes Page 11 of 13
DocuSign Envelope ID: 22FEEF31- E364- 4E3B- 9302- EA5DEED98FC4 preparing the facility.
March 11
Attended a virtual meeting with Stephen Goldsmith, former Mayor of Indianapolis, Indiana; discussed incentives for attracting the right type of development to your city; reported Indianapolis has gone through a renovation as a city with its surrounding cities; stated more discussions will be coming.
Attended the Orange County Fire Authority ( OCFA) Budget and Finance Committee meeting.
Attended the Public Works Department' s Arbor Day event at El Camino Real Park with Council Member Schnell.
March 27
Attended the Navy North Hangar site tour with California Senator Josh Newman' s staff and Council Member Clark; thanked IEM consultants and Senator Newman' s staff for their engagement.
March 28
Attended the Orange County Fire Authority ( OCFA) Board of Directors meeting.
March 29
Held Mayoral Office Hours; mentioned a community group presented an idea how to save the radio tower at the Navy North Hangar site.
March 30
Attended Tustin Parks and Recreation' s Easter Egg Hunt event; was a great event; thanked all the Parks and Recreation staff for their hard work to pivot the event indoors; wished everyone a Happy Easter.
April 2
Reported was interviewed at 9:00 a.m. by a third grader, Carter Corbit; thanked him for his participation.
Council Member Gomez
Mentioned the Annex at Tustin Legacy was formerly a part of South Orange County Community College District' s ( SOCCCD) ATEP facility; stated through time the facility was land swapped in an agreement with the City and SOCCCD; stated this shows progress.
Mayor Lumbard
Mentioned in 2021 he attended a stakeholder meeting with the partners on the Marine Corps Air Station ( MCAS); is grateful for the partners, including South Orange County Community College District ( SOCCCD) and others; stated the city will continue the outreach and keep pushing through.
Recessed at 8:40 p.m.
City Council April 2, 2024
Meeting Minutes Page 12 of 13
DocuSign Envelope ID: 22FEEF31- E364- 4E3B- 9302- EA5DEED98FC4 Reconvened at 11:22 p.m.
CITY ATTORNEY REPORT — David E. Kendig: The Council took no reportable action.
ADJOURNED at 11: 23 p. m. 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.
DocuSigned by:
AU§ TPNDLELMBARD,
Mayor
DocuSigned by:
L6DS: t',ViCa aSu a
ERDW YASUDA, City
ClerkCity
CouncilMeeting
Minutes April
2, 2024Page
13 of 13