Tustin — 2024-04-16

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (2 cases)

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nInitiation of litigation pursuant to Government Code § 54956.9(d)(4): (2\ncases)

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION –\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (1 case) – related to the fire at the North Hangar owned by\nthe Navy and the release of hazardous materials therefrom

4. PUBLIC EMPLOYMENT - Cal. Gov’t Code § 54957(b)(1). Title: City\nManager

5. LABOR NEGOTIATIONS - [Government Code § 54957.6]: Agency\nNegotiators: Derick Yasuda, Director of Human Resources and Peter\n4/13/24, 2:26 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nBrown, Liebert Cassidy Whitmore Employee Organization: Tustin\nMunicipal Employees Association (TMEA) Employee Organization: Tustin\nPolice Officers Association-Management Unit (TPMA) Employee\nOrganization: Tustin Police Officers Association-Officer Unit (TPOA)\nEmployee Organization: Tustin Police Support Services Management\nAssociation (TPSSMA) Employee Organization: Tustin Police Support\nService Association (TPSSA) Employee Organization: Unrepresented\nConfidential Employees Employee Organization: Unrepresented\nSupervisory Employees Employee Organization: Unrepresented\nExecutive Management and Management Employees Employee\nOrganization: Unrepresented Part-Time Employees

6. CONFERENCE WITH LABOR NEGOTIATOR – pursuant to Government\nCode § 54957.6: (1 case)\nA. Unrepresented Employee: City Manager Agency Representatives:\nDavid E. Kendig, City Attorney; Jacob Green and Greg Devereaux,\nJacob Green and Associates

10. PARKS & RECREATION DEPARTMENT ANNUAL REPORT 2023 The\nParks & Recreation Department’s Annual Report summarizes the\nDepartment’s activities throughout 2023.\n4/13/24, 2:26 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nRecommendation: It is recommended that the City Council receive and file\nthe report.

11. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) AND\nRED HILL AVENUE SPECIFIC PLAN (RHASP) REVISIONS UPDATE On\nDecember 5, 2023, the City Council was provided an assessment of the\nDowntown Commercial Core Specific Plan (DCCSP) and the Red Hill\nAvenue Specific Plan (RHASP), which identified potential revisions to\nremove barriers to redevelopment and better align the specific plans with\nthe real estate market. The assessment was prepared by Economic\nPlanning Systems (EPS), Inc., who provided the City Council with a\nsummary of findings and policy options. The Council received and filed\nthe report and directed staff to bring forward the recommended policy\nactions at future Council meetings, for individual consideration and action.\nSince that time, the City Council has taken action on two recommended\nitems. On February 20, 2024, the City Council approved a policy action\nregarding parkland in-lieu of dedication fee ("park fee") assessed for\nresidential rental projects in the DCCSP and RHASP; and on March 5,\n2024, the City Council took action regarding the City’s voluntary workforce\nhousing ordinance by temporarily suspending the affordable housing in-\nlieu fee for 36 months. This report provides a status update on the\nremaining near- and mid-term policy options to be considered by the\nCity’s Planning Commission and subsequently presented to the City\nCouncil.\nRecommendation: That the City Council direct staff to implement the\nfollowing items: 1. Provide initial findings and recommendations to the\nPlanning Commission in June 2024 and initiate Specific Plan\nAmendments thereafter on the following items: • Reductions in residential\nparking standards. • Modifications to private storage area requirements. 2.\nProvide initial findings and recommendations to the Planning Commission\nin Fall 2024 and initiate Specific Plan Amendments thereafter on the\nfollowing items: • Modifications to the types of land uses allowed (i.e.,\nretail, mixed-use and residential), including ground floor retail\nrequirements, at key nodes within the DCCSP and RHASP. • Revisions, if\napplicable, to retail and mixed-use parking standards in the DCCSP and\nRHASP. • Modify height restrictions where historic preservation is not a\nconcern. 3. Initiate Specific Plan Amendment to eliminate the Residential\nAllocation Reservation (RAR) Program contained in the DCCSP and\nRHASP in Winter 2024, in correlation with the adoption of Objective\nDesign Standards (ODS).

3. RATIFICATION OF PAYROLL AND DEMANDS The City Council has\napproved the use of Government Code Section 37208 to expedite the\npayment of City of Tustin obligations that are in accordance with the\napproved budget or continued operations authorizations.\nRecommendation: It is recommended that the City Council approve\nPayroll in the amount of $940,376.40 and Demands in the amount of\n$12,851.344.44.

4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1536 -\nCODE AMENDMENT 2024-0002 (CODE STREAMLINING AND\nIMPROVEMENT PROGRAM) Adoption of Ordinance No. 1536 amends\nTustin City Code (TCC) Article 9 (Land Use) as part of the Community\nDevelopment Department’s Code Streamlining and Improvement\nProgram. The proposed Code Amendment also streamlines the\nentitlement process in order to increase effectiveness and efficiency.\nRecommendation: That the City Council have second reading by title only\nand adoption of Ordinance No. 1536. ORDINANCE NO. 1536 AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE 9 (LAND\nUSE) OF THE TUSTIN CITY CODE, CODE AMENDMENT (CA) 2024-\n0002 RELATING TO THE CODE STREAMLINING AND IMPROVEMENT\nPROGRAM TO PROVIDE CLARITY, CONSISTENCY OF TERMS AND\nDEFINITIONS, AND COMPLIANCE WITH STATE LAW.

5. 2022-2023 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT, 2023\nHISTORIC AND CULTURAL RESOURCES ADVISOR (HCRA) ANNUAL\nREPORT, AND THE 2024 HCRA WORK PROGRAM This report provides\nthe City Council with the required annual reports summarizing the\naccomplishments and actions taken by the Planning Commission, acting\nas the Historic and Cultural Resources Advisor, during the 2023 calendar\nyear; a Certified Local Government (CLG) Annual Report for the October\n1, 2022 through September 30, 2023 reporting period; and, the HCRA’s\n2024 annual work program.\nRecommendation: 1. That the City Council receive and file the 2022-2023\n4/13/24, 2:26 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nCLG Annual Report (Attachment A) and direct staff to forward the Annual\nReport to the State Office of Historic Preservation (OHP). 2. That the City\nCouncil receive and file the 2024 HCRA Work Program, as described in\nAttachment D.

6. SET A PUBLIC HEARING FOR JUNE 4, 2024, PURSUANT TO THE\nREQUIREMENTS OF PROPOSITION 218 TO CONSIDER THE\nESTABLISHMENT OF SOLID WASTE RATES FOR FY 2024/25 Pursuant\nto Proposition 218, a public hearing is required to set solid waste rates.\nStaff is requesting the City Council set a public hearing for June 4, 2024,\nat 7:00 p.m. to consider rates for FY 2024/25 and confirm the rate\nadjustment methodology for the remainder of the City’s agreement with\nCR&R.\nRecommendation: Staff recommends that the City Council set a public\nhearing for June 4, 2024, at 7:00 p.m. to consider rate adjustments for FY\n2024/25 and confirm the rate adjustment methodology for the remainder\nof the City's agreement with CR&R.

7. RESOLUTION DETERMINING THE NEED TO CONTINUE THE\nPROCLAIMED LOCAL EMERGENCY RELATED TO THE NAVY NORTH\nHANGAR At its meeting on November 10, 2023, the City Council ratified\nthe Acting City Manager’s Proclamation of Local Emergency related to the\nfire at the Navy’s North Hangar and release of chemicals of public health\nconcern, including asbestos. At a special meeting of the City Council on\nJanuary 9, 2024, and at its regular meeting March 5, 2024, the Council\nreviewed and determined the need to continue the local emergency. This\nitem recommends that the City Council once again review and determine\nthat the need exists to continue the local emergency, as required by State\nlaw.\nRecommendation: It is recommended that the City Council adopt\nResolution 24-25 determining the need exists to continue the local\nemergency related to the fire and release of chemicals of public health\nconcern, including asbestos, from the Navy's North Hangar, in the form\nattached hereto as Attachment 3. RESOLUTION 24-25 A RESOLUTION\nOF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,\nDETERMINING THE NEED TO CONTINUE LOCAL EMERGENCY\nRELATED TO FIRE AND RELEASE OF HAZARDOUS MATERIALS\nFROM NAVY NORTH HANGAR

8. REQUEST TO INCREASE REVENUE BUDGET AND APPROPRIATION\nBASED ON THE FOURTH AMENDMENT TO THE COOPERATIVE\nAGREEMENT WITH THE NAVY AS RELATED TO THE NORTH\nHANGAR FIRE INCIDENT The City entered into a fourth amendment to\nthe Cooperative Agreement with the U.S. Department of the Navy (Navy)\nto implement an emergency response related to the North Hangar Fire\nIncident. Staff is requesting the City Council’s approval to increase\nrevenue budget and related appropriation by $36,924,796.28 for a current\nnot-to-exceed reimbursement total of $61 million from the Navy. The City\nestimates the remaining balance of the emergency response costs that\nthe City is incurring on the Navy’s behalf, currently at more than $18\nmillion, will be addressed in subsequent Cooperative Agreement\namendments.\nRecommendation: It is recommended that the City Council increase\nrevenue budget and related appropriation by $36,924,796.28 as outlined\nin the fourth amendment to the Cooperative Agreement between the City\nand Navy.

9. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE YEAR\nACTION PLAN FOR PROGRAM YEAR 2024-25 The Housing and\nCommunity Development Act of 1974, as amended, established the\nCommunity Development Block Grant (CDBG) program to return federal\nfunds to local communities for the purpose of developing viable urban\ncommunities by providing decent housing, suitable living environments,\nand by expanding economic opportunities, specifically for low- and\nmoderate-income persons. To participate in the CDBG program, the City\nis required to prepare a Consolidated Plan that identifies needs for\naffordable and supportive housing, community development, public\nservices, and economic opportunities. The Consolidated Plan is required\nevery five (5) years and was most recently adopted by the City Council on\nApril 21, 2020. Annually, the City is also required to prepare a one-year\nAction Plan that implements the goals and objectives contained in the\nConsolidated Plan. The proposed 2024-25 Action Plan set forth in\nResolution No. 24-23 (Attachment A) fulfills this annual requirement.\nRecommendation: That the City Council adopt Resolution No. 24-23: 1.\nApproving the Program Year (PY) 2024-25 Action Plan and funding\nallocations totaling approximately $750,000; authorize submission of the\nPY 2024-25 Action Plan to the U.S. Department of Housing and Urban\nDevelopment (HUD); and, 2. Authorizing the Community Development\nDepartment to enter into contracts with CDBG subrecipients for public\nservices, non-public services, and fair housing services. RESOLUTION\nNO. 24-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA, APPROVING THE ACTION PLAN FOR\nPROGRAM YEAR 2024-25 COMMUNITY DEVELOPMENT BLOCK\nGRANT (CDBG) FUNDS FOR SUBMISSION TO THE U.S.\nDEPARTMENT OF HOUSING AND URBAN DEVELOPMENT