HomeMy WebLinkAbout00 CC AGENDA 8.16.22CITY OF TUSTIN REGULAR AUGUST 16, 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 i
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 August 16, 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 August 16, 2022
Meeting Agenda Page 2 of 10
CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3025
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): (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 REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (1 case)
A.
Property
430-252-05
Address/Description
Agency
City of Tustin
City Negotiators
Matthew S. West, City Manager; Christopher Koster,
Director of Economic Development; Jerry Craig, Deputy
Director of Economic Development
Negotiating Parties
OUTFRONT Media, Collin Smith, Vice President — National
Real Estate Group
Under Negotiation
Price and terms of payment
City Council August 16, 2022
Meeting Agenda Page 3 of 10
REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — #3025
INVOCATION - Pastor Snider — Grace Harbor Church
PLEDGE OF ALLEGIANCE — Council Member Clark
PRESENTATION - Boys and Girls State Program
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 - 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 JULY 19, 2022.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on July 19, 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.
City Council August 16, 2022
Meeting Agenda Page 4 of 10
Recommendation: It is recommended that the City Council approve Payroll in the
amount of $1,110,913.49 and $1,036,901.73 and Demands in the amount of
$8,448,583.01.
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. SECOND READING AND ADOPTION OF ORDINANCE NO. 1523
Adoption of Ordinance No. 1523 approves the 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.
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1523.
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
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1524
Adoption of Ordinance No. 1524 approves 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.
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1524.
City Council August 16, 2022
Meeting Agenda Page 5 of 10
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
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1527
Adoption of Ordinance No. 1527 approves Tustin Police Department General Order
708 — Military Use Equipment Policy, in compliance with AB 481.
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1527.
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)
8. ADOPTION OF A RESOLUTION 22-41 TO ACCEPT IMPROVEMENTS FOR THE
SIMON RANCH RESERVOIR, BOOSTER PUMP STATION AND PIPELINE
REPLACEMENT PROJECT CIP NO. 60114 AND AUTHORIZE THE CITY
ENGINEER TO FILE A NOTICE OF COMPLETION
Construction of the Simon Ranch Reservoir, Booster Pump Station, and Pipeline
Replacement Project, (CIP No. 60114), 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 22-41 accepting the construction of the Simon Ranch
Reservoir, Booster Pump Station, and Pipeline Replacement Project, (CIP No.
60114), and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder's Office.
RESOLUTION NO. 22-41
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 SIMON RANCH
City Council August 16, 2022
Meeting Agenda Page 6 of 10
RESERVOIR, BOOSTER PUMP STATION, AND PIPELINE REPLACEMENT
PROJECT, CIP NO. 60114
9. APPROVE GRANTS OF EASEMENT TO COX COMMUNICATIONS CALIFORNIA,
LLC. OVER PORTIONS OF LOTS B AND 12 OF TR 18197 SERVING
NEIGHBORHOOD D SOUTH AT TUSTIN LEGACY
Ongoing construction of the Brookfield Development in Neighborhood D South at
Tustin Legacy plus future development possibilities necessitates the provision of
easements for telecommunication to the site. Underground and above -ground
facilities are to be subsequently provided.
Recommendation: It is recommended that the City Council:
1. Authorize the Mayor to execute the grants of easement to Cox
Communications California, LLC ("Cox") as shown on the attached easement
documents for the purpose of installation and maintenance of the systems as
outlined in the attached easement documents; and
2. Authorize the City Manager to approve any future modifications to the
proposed grants of easement which may be necessary to meet the intent of
providing said services to Tustin Legacy N -D South.
10. LEGISLATIVE UPDATE
Staff and the City's consultant Townsend Public Affairs (TPA) have prepared a
summary of state legislative activity.
Recommendation:
1. Receive and file the updated legislative matrix as of August 5
2. Receive and file legislative updates prepared by TPA
11. SCHOOLSFIRST FEDERAL CREDIT UNION CERTIFICATE OF COMPLIANCE
Request for authorization to execute the Certificate of Compliance (Certificate) for
the SchoolsFirst Headquarters Project.
Recommendation: Authorize the City Manager to execute the Certificate, subject
to any non substantive modifications as may be deemed necessary and/or
recommended by the City Attorney.
12. AUTHORIZE THE CITY MANAGER TO ACCEPT AN OFFER TO PURCHASE AND
EXECUTE ALL NECESSARY DOCUMENTATION REQUIRED TO COMPLETE
ESCROW FOR THE FINAL DISPOSITION OF REAL PROERTY AT 1810 OLD
TUSTIN AVENUE, SANTA ANA (APN: 396-333-02)
City Council August 16, 2022
Meeting Agenda Page 7 of 10
The City has received a letter of intent and proposed purchase agreement for real
property at 1810 Old Tustin Avenue (APN: 396-333-02). Staff seeks City Council
approval to authorize the City Manager to accept purchase offer and to complete the
disposition of property by executing all necessary documentation to finalize and close
escrow in a timely manner.
Recommendation: It is recommended that the City Council:
Authorize the City Manager to accept and make any necessary, non -monetary
changes to the proposed agreement to purchase the real property located at
1810 Old Tustin Avenue (APN 396-333-02), attached hereto as Attachment 2;
and
2. Authorize the City Manager to execute all necessary documentation on behalf
of the City to comply with, and 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. Subject to compliance with any applicable requirements of the Surplus Land
Act, authorize the City Manager to execute all necessary documentation on
behalf of the City to complete the sale of property.
13. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY FOR THE QUARTER ENDING JUNE 30, 2022
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.
14. PROJECT FUNDING FOR THE ASSEMBLY BILL 2766 (MOTOR VEHICLE
REGISTRATION SUBVENTION) FUNDING PROGRAM
The City Council authorizes the use of the City's disbursement of Assembly Bill (AB)
2766 funds to offset costs for State mandated vehicle emission reduction programs
implemented by the City of Tustin. This year, the City Council is being requested to
allocate the projected AB 2766 disbursements for Fiscal Year (FY) 2022-23 and FY
2023-24 to fund the Red Hill Avenue Pedestrian Enhanced Crosswalk Project.
Recommendation: That the City Council authorize the use of the City's projected
AB 2766 disbursements for FY 2022-23 and FY 2023-24 to fund the Red Hill Avenue
Pedestrian Enhanced Crosswalk Project by minute order.
PUBLIC HEARING ITEMS 15-16
City Council August 16, 2022
Meeting Agenda Page 8 of 10
15. CODE AMENDMENT 2022-0003 (ORDINANCE NO. 1526) — OUTDOOR DINING
AND SEATING AND EXTENSION OF TEMPORARY OUTDOOR DINING, RETAIL,
AND ASSEMBLY USES PROGRAM AND APPLICATION FEE WAIVER
This Project is a City -initiated request to amend Tustin City Code (TCC) Article 9
(Land Use). The proposed Code Amendment (CA) 2022-0003 is an update to TCC
Section 9277, the City's outdoor dining regulations. The intent of this amendment is
to increase restaurants' ability to provide outdoor dining and seating areas while
maintaining an attractive design and protecting the public interest. The subject
amendment is a response to changes in resident, business owner, and patron
preferences since the onset of the COVID-19 pandemic. In addition, Resolution No.
22-42 provides an extension to the City's Temporary Outdoor Dining, Retail, and
Assembly Uses Program (Program) and waiver of the associated application fees to
December 31, 2022, in order to allow businesses time to comply with the proposed
CA 2022-0003.
On July 12, 2022, the Planning Commission adopted Resolution No. 4454,
recommending that the City Council adopt Ordinance No. 1526, approving CA 2022-
0003. The Planning Commission Minutes are provided as Attachment B for
reference.
Recommendation: That the City Council:
1. Introduce and have a first reading, by title only, of Ordinance No. 1526,
amending Section 9277 of Chapter 2 of Article 9 (Land Use) relating to outdoor
dining to provide increased flexibility for restaurants to establish and offer
outdoor dining and seating areas to customers, and
2. Adopt Resolution No. 22-42 to extend the Temporary Outdoor Dining, Retail,
and Assembly Uses Program to December 31, 2022.
ORDINANCE NO. 1526
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SECTION 9277 OF CHAPTER 2 OF ARTICLE 9 (LAND
USE) OF THE TUSTIN CITY CODE (CODE AMENDMENT 2022-0003) TO
STREAMLINE THE PROCESS AND REQUIREMENTS FOR RESTAURANTS TO
ESTABLISH OUTDOOR DINING AREAS AND OUTDOOR SEATING AREAS
RESOLUTION NO. 22-42
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
16. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT (SPA) 2022-
0001 (ORDINANCE NO. 1525)
City Council August 16, 2022
Meeting Agenda Page 9 of 10
The project is a request to amend the Downtown Commercial Core Specific Plan
(DCCSP) to include live/work units as an allowable residential use within
Development Area 6C (DA -6C subarea) of the DCCSP (SP -12). On July 12, 2022,
the Planning Commission adopted Resolution No. 4453 (Attachment C)
recommending that the City Council approve SPA 2022-0001 and adopt Ordinance
No. 1525.
Recommendation: That the City Council introduce and have a first reading by title
only, of Ordinance 1525 for Specific Plan Amendment (SPA) 2022-0001 to amend
the Downtown Commercial Core Specific Plan (DCCSP/SP-12) to list live/work units
as an allowable residential use in DA -6C subarea, generally bordered on the
northeast by EI Camino Real, on the northwest by Newport Avenue, and on the south
by Interstate 5 (1-5) and set the second reading of the ordinance at the next regularly
scheduled City Council meeting.
ORDINANCE NO. 1525
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING
SPECIFIC PLAN AMENDMENT (SPA) 2022-0001 TO AMEND THE DOWNTOWN
COMMERCIAL CORE SPECIFIC PLAN (SP -12) TO LIST "LIVE/WORK UNITS" AS
AN ALLOWABLE RESIDENTIAL USE IN DEVELOPMENT AREA 6C (DA -6C)
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, September 6, 2022 for the
Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council August 16, 2022
Meeting Agenda Page 10 of 10