HomeMy WebLinkAbout00 CC AGENDA 6.7.22CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL r
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Council Member
Ryan Gallagher, Council Member
Rebecca Gomez, Council Member
JUNE 7, 2022
300 CENTENNIAL WAY,TUSTIN
COUNCIL CHAMBER AND
VIDEO CONFERENCE
Austin Lumbard, Mayor Matthew S. West, City Manager
Carrie Woodward, Acting 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
669-900-6833.
City Council June 7, 2022
Meeting Agenda Page 1 of 10
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 June 7, 2022
Meeting Agenda Page 2 of 10
CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 p.m.
CALL TO ORDER — #3022
ATTENDANCE — Acting 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): (3 cases)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. LIABILITY CLAIMS — [Government Code § 54956.95]: (4 cases)
A. Claim of Dan Darwish, Claim No. 22-11
B. Claim of Nicholas Britton, Claim No. 22-19
C. Claim of Abtin Kasravi, Claim No. 22-22
D. Claim of Catherine Davis, Claim No. 22-16
REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — #3022
INVOCATION - Pastor Fred Snider — Grace Harbor Church
PLEDGE OF ALLEGIANCE — Council Member Gomez
City Council June 7, 2022
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PRESENTATION — Brand Launch
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 - 15)
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 MAY 17, 2022.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on May 17, 2022.
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 $924,996.59 and Demands in the amount of $3,305,221.08.
4. 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:
City Council June 7, 2022
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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.
5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1521
Adoption of Ordinance No. 1521 approves the new City logo and amends the City
Code regarding the City Seal and City Logo.
Recommendation: That the City Council:
Have second reading by title only and adoption of Ordinance No. 1521.
ORDINANCE NO. 1521
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, REPLACING AND SUPERCEDING PART 4 OF CHAPTER 2 OF
ARTICLE 1 OF THE TUSTIN CITY CODE REGARDING THE CITY SEAL AND
LOGO
6. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
Quarterly Report for the fourth 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 third 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.
7. PROPERTY TAX EXCHANGE BETWEEN THE CITY OF TUSTIN AND THE
COUNTY OF ORANGE — DETACHMENT OF PROPERTY LOCATED AT 2242
FOOTHILL BOULEVARD, TUSTIN
A request for detachment of a 0.18 -acre territory (the Territory) located adjacent to
2242 Foothill Boulevard, Tustin, CA 92705, from the City of Tustin to the County of
Orange. The majority of the property is located within unincorporated "North Tustin",
and the territory proposed for detachment is located within the City's jurisidication
boundary. The purpose of the request is to place the entire property under a single
jurisdiction for future development of the property as a single-family residence.
City Council June 7, 2022
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Recommendation: Adopt Resolution No. 22-28 approving the property tax
exchange for the detachment of 0.18 -acre property from the City of Tustin to the
County of Orange, located adjacent to 2242 Foothill Boulevard and owned by Leason
Pomeroy.
RESOLUTION NO. 22-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING PROPERTY TAX EXCHANGE BETWEEN THE CITY OF TUSTIN
AND THE COUNTY OF ORANGE REGARDING THE DETACHMENT OF
PROPERTY LOCATED ADJACENT TO 2242 FOOTHILL BOULEVARD, TUSTIN.
8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE BENETA WELL NO. 2 — PHASE II EQUIPPING PROJECT,
CIP NO. 60151
The plans and specifications for the Beneta Well No. 2 — Phase II Equipping Project,
CIP No. 60151, have been prepared and the project is now ready for bid.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 22-30 approving the plans and specifications for the
Beneta Well No. 2 — Phase II Equipping Project, CIP No. 60151; and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 22-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONS FOR THE BENETA WELL NO. 2 —
PHASE II EQUIPPING PROJECT, CIP NO. 60151, AND AUTHORIZING
ADVERTISEMENT FOR BIDS
9. ADOPT RESOLUTION NO. 22-31 APPROVING PROJECT LIST TO BE
SUBMITTED TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR SB1
FUNDING FOR FISCAL YEAR 2022/23
In order to be eligible to receive new funding under Senate Bill 1 (SB1), the City is
required to submit a Project List to the California Transportation Commission (CTC)
no later than July 1, 2022.
Recommendation: Staff recommends the City Council:
1. Adopt Resolution No. 22-31 identifying projects to be submitted to the
California Transportation Commission for SB 1 funding; and
2. Direct staff to submit the Project List to the California Transportation
Commission on behalf of the City.
RESOLUTION NO. 22-31
City Council June 7, 2022
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RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
10. CITYWIDE RECORDS RETENTION SCHEDULE AMENDMENT
Staff is proposing the adoption of a revised Records Retention Schedule.
Recommendation: Adopt Resolution No. 22-23, amending the City's Records
Retention Schedule.
RESOLUTION NO. 22-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING AN AMENDED RECORDS RETENTION SCHEDULE, AUTHORIZING
THE DESTRUCTION OF CERTAIN CITY RECORDS, AND RESCINDING
PREVIOUS RESOLUTION NO. 21-55
11. ADOPT RESOLUTION NO. 22-27 TO ACCEPT IMPROVEMENTS FOR THE
HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) IMPROVEMENTS
PROJECT CIP No. 10032 AND AUTHORIZE THE CITY ENGINEER TO FILE A
NOTICE OF COMPLETION
Construction of the Heating, Ventilation, and Air Conditioning (HVAC) Improvements
Project, (CIP No. 10032), has been completed to the satisfaction of the City Engineer
and is now ready for City Council acceptance.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 22-27 accepting the construction of Heating, Ventilation
and Air Conditioning (HVAC) Improvements Project (CIP No. 10032), and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder's Office.
RESOLUTION NO. 22-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE
RECORDATION OF THE NOTICE OF COMPLETION FOR HEATING,
VENTILATION AND AIR CONDITIONING IMPROVEMENTS PROJECT, CIP NO.
10032
12. SECOND READING AND ADOPTION OF ORDINANCE NO. 1522
Adoption of Ordinance No. 1522 amends the Tustin City Code establishing
regulations prohibiting the unlawful possession of catalytic converters in the City.
Recommendation: That the City Council:
Have second reading by title only and adoption of Ordinance No. 1522.
City Council June 7, 2022
Meeting Agenda Page 7 of 10
ORDINANCE NO. 1522
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING SECTION 6360 TO PART 6 OF CHAPTER 3 OF ARTICLE
6 OF THE TUSTIN CITY CODE ESTABLISHING REGULATIONS PROHIBITING
THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.
13. APPROVE A NEGOTIATED CHANGE ORDER AND AUTHORIZE THE
REMAINING PROJECT BUDGETED APPROPRIATION AS ADDITIONAL
CONTINGENCY FOR THE NEWPORT AVENUE PAVEMENT REHABILITATION
PROJECT BETWEEN 1-5 AND HOLT AVENUE (CIP NO. 70244) AND SYCAMORE
AVENUE AND 1-5 (CIP NO. 70245)
Staff is requesting the City Council approve a negotiated contract change order in
the amount of $152,158 and authorize the remaining budgeted appropriation in
excess of ten percent (10%) of the contract amount as additional contingency for the
Newport Avenue Pavement Rehabilitation Project between 1-5 and Holt Avenue (CIP
No. 70244) and Sycamore Avenue and 1-5 (CIP No. 70245).
Recommendation: It is recommended that the City Council:
1. Approve a negotiated contract change order in the amount of $152,158 with
R.J Noble Company; and
2. Authorize the remaining project budgeted appropriation in excess of ten
percent (10%) above the contract amount as additional contingency.
14. PARKS AND RECREATION DEPARTMENT ANNUAL REPORT 2021
The Parks and Recreation Department's Annual Report summarizes the
Department's activities throughout 2021 including special events, youth, teen, adult,
and senior programs, contract classes, parks/facilities, capital projects, and human
services.
Recommendation: It is recommended that the City Council receive and file the
report.
15. RESOLUTION DECLARING LEVEL 2 WATER SUPPLY SHORTAGE
On March 28, 2022, Governor Gavin Newsom issued Executive Order N-7-22
proclaiming a state of emergency due to ongoing and expanding drought condition
and directed the State Water Resources Control Board (Water Board) to develop an
emergency regulation to require all urban water suppliers implement Level 2 of their
Water Shortage Contingency Plans (WSCP).
Recommendation: It is recommended that the City Council adopt Resolution No.
22-29 declaring a Level 2 water supply shortage and enact Level 2 of the City Water
Shortage Contingency Plan.
City Council June 7, 2022
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RESOLUTION NO. 22-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
DECLARING A LEVEL 2 WATER SUPPLY SHORTAGE
PUBLIC HEARING ITEM 16
16. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL
ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR
FISCAL YEAR 2022-2023
The Tustin Landscape and Lighting District Engineer's Report was completed and
approved by the City Council at their May 3, 2022 meeting. At that meeting, the City
Council declared its intention to levy annual assessments and set a public hearing
for June 7, 2022. In order to levy the annual assessments, the City Council is required
to conduct a public hearing and, provided there is no majority protest, adopt
Resolution No. 22-25 confirming the annual assessments for Fiscal Year 2022-2023.
Recommendation: It is recommended that the City Council:
1. Conduct a public hearing to receive testimony on the proposed levy of annual
assessments for the Tustin Landscape and Lighting District for Fiscal Year
2022-2023; and
2. Adopt Resolution No. 22-25 confirming the annual assessments for Fiscal
Year 2022-2023.
RESOLUTION NO. 22-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE
MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN
RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023
REGULAR BUSINESS ITEM 17
17. FISCAL YEAR 2022/23 BUDGET WORKSHOP
This report provides the City Council with the Proposed Annual Operating Budget
and Capital Improvement Program for Fiscal Year 2022/23, which allocates
resources that reflect the City Council's priorities set forth in the City's five-year
strategic plan.
Recommendation: Staff recommends that the City Council conduct a Budget
Workshop on the Proposed Annual Operating Budget and Capital Improvement
Program for Fiscal Year 2022/23, which will be brought forward to the City Council
for consideration of adoption on June 21, 2022.
City Council June 7, 2022
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OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, June 21, 2022 for the Closed
Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council June 7, 2022
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