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Home My WebLink About00 CC AGENDA 11.16.21CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Austin Lumbard, Mayor Pro Tem Barry W. Cooper, Council Member Rebecca Gomez, Council Member Ryan Gallagher, Council Member NOVEMBER 16, 2021 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER AND VIDEO CONFERENCE Letitia Clark, Mayor Matthew S. West, City Manager Erica N.Yasuda, City Clerk David E. Kendig, City Attorney NOTICE REGARDING PUBLIC PARTICIPATION To watch the meeting, the public may observe the meeting in person in the Council Chamber or via the City's Granicus service at: https://www.tustinca.org/282/Meetings-Agendas or on the local Cox Channel 851. To participate and/or comment on one or more items, do the following: 1. PARTICIPATING DURING A MEETING Community members who wish to address the City Council during a public meeting may attend the meeting in person or join through Zoom. By joining the meeting through Zoom, you will be able to speak but your video will not be enabled. Please see further instructions below. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER OR SMART DEVICE Community members may provide live public comments via Zoom during City Council meetings. To join the meeting, click here and use the passcode below. You can also join via the Zoom app on your smartphone or tablet, or in a web browser at https://zoom.us/join, by entering the Meeting ID and Passcode below. Meeting ID: 940 8640 1921 Passcode:600222 Please provide your name in the Zoom application to allow the City Clerk to identify you when it is your time to speak. We suggest installing and testing the Zoom software on your device prior to the commencement of the meeting. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE To join to the Zoom web conference from any phone (landline or wireless), dial City Council November 16, 2021 Meeting Agenda Page 1 of 11 669-900-6833. When prompted use the below Meeting ID and Passcode. Meeting ID: 940 8640 1921 Passcode:600222 The City Clerk will identify you by the last 4 digits of your phone when it is your time to speak. When requested by the City Clerk, call-in users can unmute and mute their phones by pressing *6. Call-in users can raise their hand by pressing *9 but may not lower their hand once raised. 2. PROVIDE WRITTEN COMMENTS THROUGH THE E -COMMENT SYSTEM 1. Proceed to the SpeakUp comment system: A. To submit an e -comment on an upcoming meeting agenda go to https://tustin.granicusideas.com/meetings?scope=upcoming and select the agenda item. B. Follow the links to type and submit your comment(s) on one or more items: a. The items may be on the agenda or not on the agenda. b. Your comments will be forwarded electronically and immediately to the members of the City Council. c. Comments related to a particular agenda item will only be considered prior to the close of public comments on that item d. Comments on matters that are not on the agenda may be submitted only until the "Public Comment" portion of the agenda is concluded. For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the meetings for those individuals with disabilities, so the City has established a process to request a reasonable modification or accommodation consistent with the Americans with Disabilities Act (ADA). If you would like to request a modification or accommodation due to a disability, please call (714) 573-3025 as soon as is feasible, and identify the need and the requested modification or accommodation. The City's ADA Coordinator or her designee will receive the request and communicate in response to the request. Items Distributed To The City Council Less Than 72 Hours Prior To Meeting: Pursuant to Government Code section 54957.5, non-exempt public records that relate to one or more open session agenda items and that are distributed to a majority of the City Council less than seventy-two (72) hours prior to the meeting will be available for public inspection on the electronic posting board located at 300 Centennial Way, Tustin, CA 92780. City Council November 16, 2021 Meeting Agenda Page 2 of 11 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 p.m. CALL TO ORDER — #3010 ATTENDANCE — City Clerk PUBLIC INPUT — Members of the public may offer comments in writing, in person or electronically 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code § 54957(d)(1)] — (1 case) A. Title: City Manager 4. LIABILITY CLAIM A. Claim No. 21-29; Claim of Law Offices of Richard Jones obo Tony Kawashima 5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION - pursuant to Government Code § 54956(d)(1): (1 case) A. Robert William Wien ecke-Friedman v. Jasmine DeLeon; Case Number 30-2021 01227626-PR-OP-CJC City Council November 16, 2021 Meeting Agenda Page 3 of 11 REGULAR MEETING OF THE CITY COUNCIL AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY 6:30 P.M. CALL TO ORDER — #3010 INVOCATION — Fr. Bao, St. Cecilia Church PLEDGE OF ALLEGIANCE — Council Member Gallagher PRESENTATIONS — • Recognition for Kylash Chettiar • Recognition of Families Together of Orange County • Community Choice Aggregation 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 through 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 MEETINGS OF THE CITY COUNCIL HELD ON OCTOBER 19, 2021, OCTOBER 25, 2021 AND NOVEMBER 1, 2021 City Council November 16, 2021 Meeting Agenda Page 4 of 11 Recommendation: That the City Council approve the Action Minutes of the Regular Meetings of the City Council held on October 19, 2021, October 25, 2021 and November 1, 2021. 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 $937,626.03 and $923,024.25; and Demands in the amount of $8,467,917.59. 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the second quarter of 2021. The average noise level measured at Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior quarters. Average daily noise levels during the second quarter continued to remain well below the City, County, and State criteria of 65 decibels (dB) Community Noise Equivalent Level (CNEL) for residential uses. Residential noise sensitive areas exposed to an average Community Noise Equivalent Level (CNEL) of more than 65 dB define the "Noise Impact Area." Recommendation: That the City Council receive and file this report. 5. BOYS & GIRLS CLUB OF TUSTIN WALL MURAL PUBLIC ART PROJECT At their October 20, 2021, Regular Meeting, the Community Services Commission recommended to forward a public art wall mural approved by the Public Art Committee for consideration by the City Council. Recommendation: It is recommended that the City Council adopt Resolution 21-98 approving the wall mural design submitted by the Boys & Girls Club of Tustin and authorize the Parks and Recreation Department to execute an agreement with the Club. RESOLUTION NO. 21-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE ARTWORK AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE BOYS & GIRLS CLUB OF TUSTIN City Council November 16, 2021 Meeting Agenda Page 5 of 11 6. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING SEPTEMBER 30, 2021 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. 7. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS In order for the Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the Council to make specified findings at least every thirty (30) days. Recommendation: Make the following findings by majority vote of the Council: A. A state of emergency has been proclaimed by California's Governor due to the COVID-19 pandemic and continues in effect; and B. The Council has reconsidered the circumstances of the state of emergency; and C. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19. 8. EXTENSION OF TEMPORARY OUTDOOR DINING, RETAIL AND ASSEMBLY USES PROGRAM AND APPLICATION FEE WAIVER Consideration to grant an extension to the City's Temporary Outdoor Dining, Retail, and Assembly Uses Program, and the waiver of the associated application fees, to September 30, 2022. Recommendation: That the City Council adopt Resolution No. 21-99 extending the Temporary Outdoor Dining, Retail and Assembly Uses Program, and the waiver of its application fee, to September 30, 2022. RESOLUTION NO. 21-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE TEMPORARY OUTDOOR DINING, RETAIL, AND ASSEMBLY USES PROGRAM AND THE WAIVER OF THE CITY'S FEE FOR A TEMPORARY USE PERMIT APPLICATION FOR OUTDOOR DINING/OUTDOOR RETAIL SALES/OUTDOOR ASSEMBLY USES PERMIT 9. AWARD CONTRACT FOR THE BENETA WELL NO. 2 - PHASE 1 DRILLING PROJECT (CIP NO. 60151) City Council November 16, 2021 Meeting Agenda Page 6 of 11 Staff is requesting the City Council award the construction contract to the lowest responsive/responsible bidder, South West Pump & Drilling, Inc., for the Beneta Well No. 2 - Phase 1 Drilling Project (CIP No. 60151), and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. Recommendation: It is recommended that the City Council award a construction contract to the lowest responsive/responsible bidder, South West Pump & Drilling, Inc. in the amount of $1,973,336 for the Beneta Well No. 2 - Phase 1 Drilling Project (CIP No. 60151) and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 10. RESOLUTION SUPPORTING FEDERAL PFAS LEGISLATION THAT PROTECTS RATEPAYERS AND WATER/WASTEWATER AGENCIES The City of Tustin Water Services relys on the Orange County Groundwater Basin (Basin) to provide over 80% of the City's water supply. The Orange County Water District (OCWD) manages the Orange County Groundwater Basin that supplies water supply to 2.5 million people in north and central Orange County. Per -and polyfluoroalkyl (PFAS) substances have been detected in the Basin, entering primarily via the Santa Ana River whose flows infiltrate into and recharge the Basin. Although chemical manufacturers are the original source of PFAS chemicals, cities and water agencies must find ways to remove them from local water supplies. PFAS impacts to Orange County are estimated to cost more than $1 billion, over 30 years - a cost that will likely increase. City Staff and OCWD recommend supporting federal legislation that protects ratepayers and water/wastewater agencies from these devasting impacts and urges Congress to cast votes that support these public policy positions. Recommendation: It is recommended that the City Council adopt Resolution No. 21-97 supporting federal PFAS legislation that protects ratepayers and water/wastewater agencies. RESOLUTION NO 21-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN SUPPORTING FEDERAL PFAS LEGISLATION THAT PROTECTS RATEPAYERS AND WATER/WASTEWATER AGENCIES 11. SUMMARY OF PROJECTS —COMMUNITY DEVELOPMENT & PUBLIC WORKS DEPARTMENT The following report provides a summary of projects and activities from the Community Development and Public Works Departments to the Tustin City Council. The report focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest. Recommendation: That the City Council receive and file this item. City Council November 16, 2021 Meeting Agenda Page 7 of 11 12. BEHAVIORAL HEALTH RESPONSE UNIT The Tustin Police Department has proven to be on the leading edge of community policing. Professionalism, wellness, compassion, and excellence in public safety are some of the department's highest goals. Recent calls across the nation for reimagined public safety require a non-traditional policing method with a co - responder model to address community challenges involving potential "non-violent and/or non -criminal" issues, including: homelessness, substance use/abuse, mental health, and family issues. To address these challenges and provide increased community service, executive police command staff recommends the implementation of a two-year pilot program of the Tustin Police Department Behavioral Health Response Unit (BHRU) to include the creation of a Behavioral Health Bureau Commander position. Recommendation: 1. Approval of a two-year Behavioral Health Response Unit Pilot Program to provide increased community service and address the multi -layered challenges of homelessness, substance use/abuse, mental illness, and family issues; 2. Authorize a supplemental appropriation of $145,000 to fund the Behavioral Health Response Unit Pilot Program for Fiscal Year 2021/22 as outlined within this report; 3. Adopt City Council Resolution No. 21-104, Amending the City's Classification and Compensation Plans; and, 4. Authorize the addition of one position in the classification of Behavioral Health Bureau Commander to the City's Position Control. RESOLUTION NO. 21-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 21-81 13. CITY SUPPORT FOR THE MAP(S) THAT KEEP TUSTIN INTACT WITHIN A STATE OF CALIFORNIA CONGRESSIONAL, SENATE, ASSEMBLY, BOARD OF EQUALIZATION AND COUNTY OF ORANGE SUPERVISORIAL DISTRICT Consideration to advocate that the City of Tustin not be split and that the City would support the map(s) that keep the City wholly within one State of California Congressional, Senate, Assembly, Board of Equalization and County of Orange Supervisorial District. The current draft of State level maps keep Tustin wholly intact. City Council November 16, 2021 Meeting Agenda Page 8 of 11 Currently, the County is considering eight (8) draft maps. Several of the draft maps being considered split the City into two (2) or more Supervisorial Districts. One map splits the City into three (3) Supervisorial Districts. Two (2) maps keep the City whole. Recommendation: Direct staff to monitor the State and County redistricting processes and take action as needed including executing the attached draft letter for transmittal to the Orange County Board of Supervisors. PUBLIC HEARING ITEM 14 14. CODE AMENDMENT 2021-0001 (ORDINANCE NO. 1517) — ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS (ADUs and JADUs) The proposed Zoning Code Amendment to Chapter 2 of Article 9 of the Tustin City Code (TCC), revises the City's regulations pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling units (JADUs) in compliance with 2019 Senate Bill (SB) 13 and Assembly Bills (AB) 68, and 881 (collectively "ADU State Law"). ADU State Law restricts local control over ADUs and JADUs. The proposed amendments would update regulations permitting the development of ADUs and JADUs in conjunction with any residential development in all zones that allow single- family and multiple -family dwellings. On October 26, 2021, the Planning Commission adopted Resolution No. 4441, recommending that the City Council adopt Ordinance No. 1517, approving Code Amendment 2021-0001. Recommendation: That the City Council introduce and have first reading of Ordinance No. 1517, approving Code Amendment (CA) 2021-0001 by amending Tustin City Code (TCC) Sections 9221 a1, 9222a5, 9223a7, 9224b1, 9228a7, 9244d8, 9252j2, 9263g, 9264b8, 9271jj, 9297, and 9299b1 i and adding Section 9279 relating to ADUs and JADUs. And, set a second reading for the December 7, 2021 City Council meeting. ORDINANCE NO. 1517 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTIONS 9221a1, 9222a5, 9223a7, 9224b1, 9228a7, 9244d8, 9252j2, 9263g, 9264b8, 9271jj, 9297, and 9299b1 i AND ADDING SECTION 9279 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS REGULAR BUSINESS ITEMS 15-18 15. TUSTIN CITY CODE UPDATE - SOLID WASTE CHAPTER City Council November 16, 2021 Meeting Agenda Page 9 of 11 Senate Bill 1383 (SB 1383) was signed into law on September 19, 2016 and established methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California's economy. As it pertains to solid waste, SB 1383 seeks to reduce the amount of organic waste in landfills as methane is a byproduct of the decomposition of organic material. SB 1383 places a variety of mandates on local jurisdictions including the provision of organics and recycling collection programs to all properties within Tustin and updating the Tustin City Code to require that each property subscribe to and fully participate in these programs. Staff took this opportunity to review and update the entire Solid Waste Chapter of the Tustin City Code. Recommendation: It is recommended that the City Council conduct first reading by title only of Ordinance No. 1519 amending Chapter 3 of Article 4 of the Tustin City Code related to solid waste. ORDINANCE NO. 1519 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4, CHAPTER 3 OF THE TUSTIN CITY CODE PERTAINING TO MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS 16. PROPOSED ORDINANCE NO. 1516 REVISING THE WATER MANAGEMENT PLAN On March 21, 2017, the City Council adopted Ordinance 1477 amending the Water Management Plan, Article 4, Chapter 10 of the Tustin, Code of Ordinances. In 2018, the California Legislature amended the Urban Water Management Planning Act that, among other things, mandated the adoption of a Water Shortage Contingency Plan (WSCP) with prescribed elements as part of the Urban Water Management Plan (UWMP). On June 1, 2021, the City Council adopted both the 2020 UWMP and WSCP. As a result, staff has prepared Ordinance No. 1516 updating the Water Management Plan to incorporate changes outlined in the 2020 WSCP. Recommendation: It is recommended that the City Council Conduct the first reading by title only of Ordinance No. 1516. ORDINANCE NO. 1516 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE NECESSITY FOR AND AMENDING THE WATER MANAGEMENT PLAN 17. SUPPLEMENTAL APPROPRIATION FROM FUND 189 FOR INITIAL CLEAN-UP AND ONGOING MAINTENANCE ON REUSE PARCEL 18 AT FORMER MCAS TUSTIN FOR FY 21/22 Request for a supplemental appropriation of $330,000 from Fund 189 (Land Sale Proceeds) for a Phase 1 initial cleanup and ongoing maintenance activities on Reuse City Council November 16, 2021 Meeting Agenda Page 10 of 11 Parcel 18 at former Marine Corps Air Station (MCAS) Tustin. Recommendation: It is recommended that the City Council, acting as the Local Reuse Authority (LRA) for former MCAS Tustin, take the following actions: 1. Appropriate $330,000 from Fund 189 to the Economic Development Department property management budget for the balance of FY 21/22 for a Phase 1 initial clean-up and ongoing maintenance on Parcel 18 2. Direct staff to return to the City Council/LRA with progress updates and recommendations for future phases of additional site work and budget requests for Reuse Parcel 18 18. AMENDMENT TO POLICY REGARDING COUNCILMEMBER REQUESTS TO ADD ITEMS TO CITY COUNCIL AGENDAS Consider revising the City Council's policy regarding procedures for Council members to request to add items to City Council agendas. Recommendation: Approve one of the proposed policy options regarding Councilmember placement of items on Council agendas and direct staff to prepare a resolution formalizing the policy for City Council consideration at its next regular meeting: • Option 1: One Council Member to Start Process — Three to Advance Item • Option 2: Two Council Members to Start Process — Three to Advance Item OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, December 7, 2021 for the Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m. City Council November 16, 2021 Meeting Agenda Page 11 of 11