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
MAY 7, 2024
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
HISTORIC PRESERVATION WEEK
NAVY NORTH HANGAR STATUS UPDATE
NAVY NORTH HANGAR GEOSYNTEC STUDY
PRESENTATION - ITEM 16
CLOSED SSESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3057
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 – Acting City Attorney Michael Daudt 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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) A.
Manak vs the City of Tustin Case No. 30-2023-01308475-CU-PA-CJC
5. PUBLIC EMPLOYMENT APPOINTMENT - Cal. Gov’t Code § 54957(b)(1). Title: City Manager
6. 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
7. CONFERENCE WITH LABOR NEGOTIATOR – pursuant to Government Code § 54957.6: (1 case) A.
Unrepresented Employee: City Manager
Agency Representatives: Michael Daudt, Acting City Attorney; Jacob Green and Greg Devereaux, Jacob Green and Associates
REGULAR MEETING OF THE CITY COUNCIL
- 7:00 P.M.
CALL TO ORDER – #3057
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion PRESENTATIONS –
Proclamation Recognizing Historic Preservation Week
Sunset Market
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 – Acting City Attorney Michael Daudt 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 - 14)
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 APRIL 16, 2024.
Recommendation:
Recommendation: That the City Council approve the Action Minutes of the City Council Meeting held on April 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 $947,913.91 and Demands in the amount of $10,235,678.36.
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 MARCH 31, 2024 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.
Recommendation:
Receive and file
AGENDA REPORT
5. AN APPROPRIATION TO PURCHASE THE MODERATE INCOME AFFORDABLE HOUSING UNIT AT 133 LIBERTY STREET The Tustin Housing Authority (“Authority”) is seeking an appropriation to purchase the moderate income affordable housing unit at 133 Liberty Street under the terms of a Settlement Agreement with the homeowner.
Recommendation:
It is recommended that the City Council appropriate $466,651 from unappropriated reserves of the General Fund to purchase the moderate income affordable housing unit at 133 Liberty Street.
AGENDA REPORT
6. AGREEMENT FOR TRANSFER OF OWNERSHIP OF POLICE SERVICE DOG Officer Taylor Ryan rotated out of the Canine Program and into the Patrol Division as a Sergeant, effective March 25, 2024. Police Service Dog (PSD) Ragnar will be retired from active service. Ragnar is a 5-year-old Belgian Malinois and has served as a Tustin Police Canine for five years. Based on the unique bond between canine and handler, Sergeant Taylor Ryan has agreed to accept ownership of Ragnar. The Agreement for Transfer of Ownership of a Police Service Canine has been reviewed and approved by the City Attorney.
Recommendation:
Approve the Agreement for Transfer of Ownership for a Police Service Dog between the City of Tustin and Sergeant Taylor Ryan so that Ragnar can live out the remainder of his days with the Ryan family.
AGENDA REPORT
7. ADOPT RESOLUTION NO. 24-24 TO APPROVE THE CITY OF TUSTIN VEHICLE MILES TRAVELED ANALYSIS GUIDELINES UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Senate Bill 743 (SB 743) was passed in 2013 establishing new requirements under the California Environmental Quality Act (CEQA) which evaluates Vehicle Miles Traveled (VMT) metrics in-lieu of congestion or vehicle delay metrics previously used in determining a project’s potential transportation impacts as it relates to CEQA. Although SB 743 was passed in 2013, public agencies were not required to start using VMT to measure traffic impacts until July 1, 2020. Similar to many neighboring agencies, and since July 2020, the City has used the guidelines and VMT metrics for CEQA as set forth by the California Office of Planning and Research (OPR) when analyzing projects within the City. To ensure continuity within the City’s planning processes and ensure consistency within our local traffic network, the City hired RK Engineering Group, Inc. (RKE) to prepare the City of Tustin Vehicle Miles Traveled Analysis Guidelines.
Recommendation:
It is recommended that the City Council adopt Resolution No. 24-24 certifying the VMT Analysis Guidelines in compliance with new CEQA requirements. RESOLUTION NO. 24-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING THE CITY OF TUSTIN VEHICLE MILES TRAVELED ANALYSIS GUIDELINES UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
AGENDA REPORT
8. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT – Q3 & Q4, 2023 This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the third and fourth quarters of 2023. The City of Tustin is within the JWA’s “Noise Impact Area” since it has the potential to be exposed to an average Community Noise Equivalent Level (CNEL) of more than 65 decibels (dB). CNEL is a weighted average of noise levels over a 24-hour period, and is a measurement frequently used in regulating the impacts of airport noise on the surrounding community. The average noise level measured at Tustin’s monitoring station (NMS 10N), which is located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained below the City, County, and State maximum criteria of 65 dB CNEL during the third and fourth quarter reporting periods.
Recommendation:
That the City Council receive and file this report.
AGENDA REPORT
9. LEGISLATIVE UPDATE
Staff and the City’s consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity.
Recommendation:
Take an OPPOSE UNLESS AMENDED position on AB 1886 (Alvarez) Housing element law: substantial compliance: Housing Accountability Act
2. Take a SUPPORT position on AB 2485 (Carrillo) Regional housing need: determination
3. Take a SUPPORT position on AB 2943 (Zbur) Crimes: shoplifting
4. Receive and file the updated legislative matrix as of April 25
5. Receive and file legislative updates prepared by TPA
AGENDA REPORT
10. REVIEW OF CITY’S CONFLICT OF INTEREST CODE
The Political Reform Act requires that no later than July 1st of each even-numbered year, the City Council direct a review of the City’s Conflict of Interest Code.
Recommendation:
It is recommended that the City Council direct the City Manager, or designee, to have the City’s Conflict of Interest Code reviewed, file a statement of review with the City Council no later than October 1, 2024, and revise the Conflict of Interest Code based upon such review, if necessary.
AGENDA REPORT
11. AUDIT COMMISSION VACANCY
Due to a resignation by a member of the Audit Commission, staff is requesting that the City Council provide direction to fill the vacancy.
Recommendation:
That the City Council direct the City Clerk to solicit applications to fill the Audit Commission vacancy.
AGENDA REPORT
12. SIDE LETTERS OF AGREEMENT TO THE MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE OFFICERS ASSOCIATION – POLICE OFFICER REPRESENTATION UNIT AND THE TUSTIN POLICE OFFICERS ASSOCIATION – POLICE MANAGEMENT REPRESENTATION UNIT Adoption of the attached Resolutions and Side Letters of Agreement to the Memoranda of Understanding will modify terms and conditions of employment for employees in classifications represented by the Tustin Police Officers Association – Police Officer Unit (TPOA) and the Tustin Police Officers Association – Police Management Unit (TPMA) in accordance with City Council direction.
Recommendation:
Adopt Resolution No. 24-26 and Resolution No. 24-27 amending the City’s Classification and Compensation Plans and approving Side Letters of Agreement to the Memoranda of Understanding with TPOA and TPMA for the period July 1, 2021 through June 30, 2025. RESOLUTION NO. 24-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE OFFICERS ASSOCIATION – POLICE OFFICER REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 24-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE OFFICERS ASSOCIATION – POLICE MANAGEMENT REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT
AGENDA REPORT
13. RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBERS 430-381-02, 430-381-03, 430-381-04 AND 430-381-05 AT TUSTIN LEGACY AS EXEMPT SURPLUS LAND Resolution 24-28 will declare Assessor's Parcel Numbers (APN) 430-381-02, 430-381- 03, 430-381-04 and 430-381-05 as exempt surplus land pursuant to California Government Code Section 54221(f)(1)(H) and the Draft Updated Surplus Land Act Guidelines Section 103(c)(7)(C).
Recommendation:
It is recommended that the City Council take the following actions:
Adopt Resolution 24-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBERS 430-381-02, 430-381-03, 430-381-04 AND 430-381-05 AS EXEMPT SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)(H) AND THE DRAFT UPDATED SURPLUS LAND ACT GUIDELINES SECTION 103(c)(7)(C).
Authorize the Acting City Manager to submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution.
RESOLUTION NO. 24-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR’S PARCEL NUMBERS 430-381-02, 430-381-03, 430-381-04 AND 430-381-05 AS EXEMPT SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)(H) AND THE DRAFT UPDATED SURPLUS LAND ACT GUIDELINES SECTION 103(c)(7)(C)
AGENDA REPORT
14. RESOLUTION DECLARING PORTIONS OF ASSESSOR'S PARCEL NUMBERS 430-391-03, 430-391-27, 430-391-28, 430-391-29, 430-391-56, 430-391-58, 430-391-60, 430-391-61, 430-391-62, 430-391-63, 430-391-34, 430-391-65, 430-391-79, 430-391-80, AND 430-391-81 AT TUSTIN LEGACY AS EXEMPT SURPLUS LAND Resolution 24-29 will declare Assessor's Parcel Numbers (APN) 430-391-03, 430-391-27, 430-391-28, 430-391-29, 430-391-56, 430-391-58, 430-391-60, 430-391-61, 430-391-62, 430-391-63, 430-391-34, 430-391-65, 430-391-79, 430-391-80, and 430-391-81 as exempt surplus land pursuant to California Government Code Section 54221(f)(1)(H) and the Draft Updated Surplus Land Act Guidelines Section 103(c)(7)(C).
Recommendation:
It is recommended that the City Council take the following actions:
Adopt Resolution 24-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISEDOF PORTIONSOF ASSESSOR'SPARCEL NUMBERS430-391-03,430-391-27,430-391-28,430-391-29,430-391-56,430-391-58,430-391-60, 430-391-61,430-391-62,430-391-63,430-391-34,430-391-65,430-391-79,430-391-80, AND 430-391-81 AS EXEMPT SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)(H) AND THE DRAFT UPDATEDSURPLUSLANDACTGUIDELINESSECTION103(c)(7)(C).
AuthorizetheActingCityManagertosubmittheappropriatedocumentationtothe California Department of Housing and Community Development in connection with the Resolution.
RESOLUTION NO. 24-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF PORTIONS OF ASSESSOR’S PARCEL NUMBERS 430-391-03, 430-391-27, 430-391-28, 430-391-29, 430-391-56, 430-391-58, 430-391-60, 430-391-61, 430-391-62, 430-391-63, 430-391-34, 430-391-65, 430-391-79, 430-391-80, AND 430-391-81 AS EXEMPT SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)(H) AND THE DRAFT UPDATED SURPLUS LAND ACT GUIDELINES SECTION 103(c)(7)(C)
AGENDA REPORT
REGULAR BUSINESS ITEMS 15-16
15. CITY MANAGER EMPLOYMENT AGREEMENT
Following the conclusion of labor negotiations with a candidate for City Manager, the City Council will consider approval of an Employment Agreement with the candidate to serve as City Manager.
Recommendation:
Receive a verbal summary of the proposed Employment Agreement and approve the proposed Employment Agreement.
AGENDA REPORT
16. APPROVE THE ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2024-2025 ASSESSMENTS At the February 6, 2024 meeting, the City Council ordered the preparation of an Engineer’s Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer’s Report is now complete and ready for City Council approval. Additionally, it is requested that the City Council declare its intention to levy annual assessments and set a public hearing for June 4, 2024.
Recommendation:
It is recommended that the City Council:
Adopt Resolution No. 24-30 approving the Engineer’s Report for the Tustin Landscape and Lighting District for Fiscal Year 2024-2025; and Adopt Resolution No. 24-31 declaring its intention to levy annual assessments for Fiscal Year 2024-2025 and setting a public hearing for June 4, 2024.
RESOLUTION NO. 24-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2024-2025 RESOLUTION NO. 24-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2024-2025 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, May 21, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.