HomeMy WebLinkAbout00 CC AGENDA 07.19.22CITY OF TUSTIN REGULAR JULY 19, 2022
MEETING OF THE CITY COUNCIL r 300 CENTENNIAL WAY,TUSTIN
COUNCIL CHAMBER AND
VIDEO CONFERENCE
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager
Ryan Gallagher, Council Member Carrie Woodward, Acting City Clerk
Rebecca Gomez, Council Member David E. Kendig, City Attorney
NOTICE REGARDING PUBLIC PARTICIPATION
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1. PARTICIPATING DURING A MEETING
Community members who wish to address the City Council during a public
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Meeting ID: 940 8640 1921
Passcode:600222
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To join to the Zoom web conference from any phone (landline or wireless), dial
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City Council July 19, 2022
Meeting Agenda Page 1 of 10
When prompted use the below Meeting ID and Passcode:
Meeting ID: 940 8640 1921
Passcode:600222
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time to speak.
When requested by the City Clerk, call-in users can unmute and mute their
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https://tustin.granicusideas.com/meetings?scope=upcoming and
select the agenda item.
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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 July 19, 2022
Meeting Agenda Page 2 of 10
CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3024
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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (1 case)
A.
Property
Address/Description
1810 N. Tustin Ave. Santa Ana; APN 396-333-02
Agency
City of Tustin
City Negotiators
Matthew S. West, City Manager; Douglas S. Stack, Director
of Public Works; and Michael Grisso, Assistant Director of
Public Works
Negotiating Parties
Hull Triangle, LLC.
Under Negotiation
Price and terms of payment
4. LIABILITY CLAIMS — [Government Code § 54956.95]: (2 cases)
A. Claim of Kathryn Hansen, Claim No. 21-22
B. Claim of Gina Onweiler, Claim No. 22-23
City Council July 19, 2022
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REGULAR MEETING OF THE CITY COUNCIL AND THE
TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — #3024
INVOCATION - Pastor Dane Counts — Kings Way Foursquare Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Cooper
PRESENTATION - Parks Make Life Better Month
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 - 10)
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 JUNE 21, 2022.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on June 21, 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.
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Recommendation: It is recommended that the City Council approve Payroll in the
amount of $984,180.88 and $937,114.79 and Demands in the amount of
$6,266,623.49.
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:
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. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE TUSTIN FAMILY AND YOUTH
CENTER COURTYARD IMPROVEMENTS (CIP NO. 10085)
The Tustin Family and Youth Center Courtyard Improvements have been completed
and the project is ready for acceptance and filing of the Notice of Completion.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 22-39 accepting the Tustin Family and Youth Center
Courtyard Improvements (CIP No. 10085), and
2. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's office.
RESOLUTION NO. 22-39
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 THE TUSTIN FAMILY
AND YOUTH CENTER COURTYARD IMPROVEMENTS (CIP NO. 10085)
6. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE LAUREL GLEN AND CAMINO REAL
PARK SHADE STRUCTURES PROJECT (CIP NO. 20088)
The Laurel Glen and Camino Real Park Shade Structures have been completed and
the project is ready for acceptance and filing of the Notice of Completion.
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Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 22-38 accepting the Laurel Glen and Camino Real Park
Shade Structures (CIP No. 20088), and
2. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's office.
RESOLUTION NO. 22-38
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 THE LAUREL GLEN
AND CAMINO REAL PARK SHADE STRUCTURES (CIP NO. 20088)
7. LEGISLATIVE UPDATE
Staff and the City's consultant Townsend Public Affairs (TPA) have prepared a
summary of state legislative activity.
Recommendation:
1. Take a SUPPORT position on AB 2647 (Levine) Local government: open
meetings
2. Take an OPPOSE UNLESS AMENDED position on SB 6 (Caballero) Local
planning: housing: commercial zones
3. Take an OPPOSE UNLESS AMENDED position on SB 361 (Umberg) Surplus
land: Orange County
4. Receive and file the updated legislative matrix as of July 8
5. Receive and file legislative updates prepared by TPA
8. ADOPTION OF A RESOLUTION AMENDING AND RESTATING THE CITY OF
TUSTIN DEFERRED COMPENSATION MATCHING PLAN
The adoption of a resolution amending and restating the City of Tustin Deferred
Compensation Matching Plan is required to bring the plan into compliance with the
legislative and regulatory changes set forth in IRS Notice 2017-37.
Recommendation: Adopt Resolution No. 22-40, amending and restating the City of
Tustin Deferred Compensation Matching Plan to bring the plan into compliance with
the legislative and regulatory changes set forth in IRS 2017-37.
RESOLUTION NO. 22-40
City Council July 19, 2022
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING AND RESTATING THE CITY'S DEFERRED COMPENSATION
MATCHING PLAN
9. DESIGNATION OF VOTING DELEGATES AND ALTERNATES — LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE SCHEDULED FOR SEPTEMBER
7-9,2022 (LONG BEACH)
In order to vote at the Annual Business Meeting, the City Council must designate a
voting delegate and up to two alternate voting delegates, one of whom may vote in
the event that the designated voting delegate is unable to serve in that capacity.
Recommendation: It is recommended that the City Council designate Council
Member Gomez as the voting delegate and Council Member Gallagher as an
alternate voting delegate for the Annual Business Meeting.
10. AUTHORIZE THE CITY MANAGER TO ACCEPT AN OFFER TO PURCHASE AT
FAIR MARKET VALUE AND EXECUTE ALL NECESSARY DOCUMENTATION
REQUIRED TO COMPLETE ESCROW FOR THE FINAL DISPOSITION OF EACH
REAL PROPERTY AT 2061 VALHALLA DRIVE AND 11781 OUTLOOK LANE
ACQUIRED FOR THE SIMON RANCH RESERVOIR, BOOSTER PUMP STATION,
AND PIPELINE REPLACEMENT PROJECT (CIP NO. 60114)
At the direction of the City Council, staff successfully negotiated acquisition
agreements for the residential properties located at 2061 Valhalla Drive and 11781
Outlook Lane (the "Properties"), adjacent to the Simon Ranch Reservoir. The
acquisition of the properties facilitated construction of the Simon Ranch Reservoir
and Booster Pump Station Replacement Project (CIP No. 60114) which is now
substantially complete and in service. Staff seeks City Council approval to authorize
the City Manager to accept one or more purchase offers and to complete disposition
of the Properties from the City, or either of them, at no less than fair market value,
and to execute all necessary documentation to finalize and close escrow(s) in a
timely manner for each real property, respectively.
Recommendation: It is recommended that the City Council:
1. Authorize the City Manager to accept one or more offers to purchase at no
less than fair market value the real properties located at 2061 Valhalla Drive
(APN 104-611-30) and 11781 Outlook Lane (APN 104-611-33), respectively;
and
2. Authorize the City Manager to execute all necessary documentation on behalf
of the City to submit the appropriate documentation to the California
Department of Housing and Community Development pursuant to the Surplus
Land Act and Final Surplus Land Act Guidelines; and
3. Authorize the City Manager to execute all necessary documentation on behalf
of the City to complete the sale of each property.
City Council July 19, 2022
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PUBLIC HEARING ITEMS 11-14
11. CODE AMENDMENT 2022-0001 (ORDINANCE NO. 1523) — (SENATE BILL 9 —
TWO -UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS)
This project is a City -initiated Zoning Code Amendment to Chapter 2 (Zoning) and
Chapter 3 (Subdivisions) of Article 9 (Land Use) of the Tustin City Code (TCC) to
regulate qualifying Senate Bill 9 (SB 9) two -unit residential developments and urban
lot splits within single-family residential zones in accordance with California
Government Code Sections 65852.21 and 66411.7. On September 16, 2021, the
Governor signed into law SB 9 (Atkins), which adds Section 65852.21 to the
Government Code to require a ministerial review process for eligible development of
up to two (2) principal dwelling units on a parcel in a single family residential zone.
The bill also adds Section 66411.7 to require a ministerial review process for eligible
"urban lot splits", to create two (2) new parcels for residential uses in a single-family
residential zone.
On May 24, 2022, the Planning Commission adopted Resolution 4451,
recommending that the City Council adopt Ordinance 1523, approving Code
Amendment 2022-0001.
Recommendation: That the City Council introduce and have first reading of
Ordinance No. 1523, approving Code Amendment (CA) 2022-0001 by amending
Tustin Code (TCC) Chapter 2 (Zoning) and Chapter 3 (Subdivisions) of Article 9
(Land Use) relating to qualifying SB 9 two -unit residential developments and urban
lot splits within single-family residential zones and set second reading at the next City
Council regular meeting.
ORDINANCE NO. 1523
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN
CITY CODE CHAPTER 2 (ZONING) AND CHAPTER 3 (SUBDIVISIONS) OF
ARTICLE 9 (LAND USE) TO APPROPRIATELY REGULATE QUALIFYING SB 9
TWO -UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS WITHIN
SINGLE-FAMILY RESIDENTIAL ZONES IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7
12. CODE AMENDMENT 2022-0002 (ORDINANCE NO. 1524) — (CODE
STREAMLINING AND IMPROVEMENT PROGRAM) (INTRODUCTION AND
FIRST READING)
This Project is a City -initiated request to amend Tustin City Code (TCC) Article 3
(Business Regulations), Article 5 (Public Safety) and Article 9 (Land Use). The City's
Strategic Plan identifies development streamlining as one of its goals. The proposed
Code Amendment (CA) 2022-0002 is part of the Community Development
Department's new Code Streamlining and Improvement Program. The goal of the
Code Streamlining and Improvement Program is to evaluate the City's land use code
and propose amendments to sections that lack clarity, outdated, or do not respond
City Council July 19, 2022
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to current market trends. The proposed CA also streamlines the entitlement process
in order to increase effectiveness and efficiency. The Community Development
Department will continue to evaluate land use related codes and practices on a
regular basis and will introduce amendments when appropriate in the future.
On May 24, 2022, the Planning Commission adopted Resolution 4452 (Attachment
A), recommending that the City Council adopt Ordinance No. 1524, approving, CA
2022-0002. The Planning Commission Minutes are provided as Attachment B for
reference.
Recommendation: That the City Council introduce and have a first reading of
Ordinance No. 1524, amending Part 3 of Chapter 6 of Article 3 (Business
Regulation), Section 5502 of Chapter 5 of Article 5 (Public Safety) and various
sections of Article 9 (Land Use) of the TCC relating to the Code Streamlining and
Improvement Program to provide clarity, consistency of terms and definitions, and
compliance with State law.
ORDINANCE NO. 1524
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING PART 3 OF CHAPTER 6 OF ARTICLE 3 (BUSINESS
REGULATIONS), SECTION 5502 OF CHAPTER 5 OF ARTICLE 5 (PUBLIC
SAFETY) AND VARIOUS SECTIONS OF ARTICLE 9 (LAND USE) OF THE TUSTIN
CITY CODE (CODE AMENDMENT 2022-0002) RELATING TO THE CODE
STREAMLINING AND IMPROVEMENT PROGRAM TO PROVIDE CLARITY,
CONSISTENCY OF TERMS AND DEFINITIONS, AND COMPLIANCE WITH STATE
LAW.
13. 2022 PUBLIC HEALTH GOAL REPORT
The California Health and Safety Code requires public water systems serving more
than 10,000 service connections to prepare a Public Health Goal (PHG) report every
three years and conduct a public hearing to provide information to consumers on
levels of contaminants in the City's drinking water. For the 2019-2021 reporting
period, the City's drinking water quality compiled with all California Division of
Drinking Water (DOW) and United States Environmental Protection Agency (USEPA)
drinking water standards. Although PHGs are recommended targets and not
enforceable standards, the City's water system exceeded the PHGs for arsenic,
bromate, gross alpha and beta particle activity, perchlorate, and uranium. It is
important to note, all water samples that reported above the PHGs, also reported
below the state and federal maximum contaminant levels (MCL), and the City's water
system remains in full compliance with all state and federal water quality standards.
Recommendation: It is recommended that the City Council:
1. Conduct a public hearing to receive comments and input related to the 2022
Public Health Goal Report.
2. At the conclusion of the public hearing, approve the 2022 Public Health Goal
City Council July 19, 2022
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Report.
14. INTRODUCTION AND APPROVAL
TUSTIN POLICE DEPARTMENT
EQUIPMENT USE POLICY
OF ORDINANCE NO. 1527 APPROVING
GENERAL ORDER 708 - MILITARY
Assembly Bill (AB) 481 requires the Tustin Police Department ("Department") to seek
City Council approval by ordinance for the funding, acquisition, and use of equipment
defined by the law as "military equipment." This report outlines staff's work in
complying with the new law and recommends the introduction of an ordinance
approving the Department's continued utilization of this equipment and a policy
authorizing the Department to continue purchasing and using the equipment outlined
in Tustin Police Department General Order 708 — Military Equipment Use Policy.
Recommendation: Introduce Ordinance No. 1527 (Attachment 2) approving Tustin
Police Department General Order 708 — Military Use Equipment Policy, in
compliance with AB 481 by reading of the title only and waive further reading.
ORDINANCE NO. 1527
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE DEPARTMENT
POLICY 708, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH
CALIFORNIA ASSEMBLY BILL 481 (AB 481)
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COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURN IN MEMORY OF FORMER TUSTIN HUMAN RESOURCE DIRECTOR
KRISTI RECCHIA
ADJOURNMENT - The next meeting is scheduled on Tuesday, August 2, 2022 for the
Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council July 19, 2022
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