HomeMy WebLinkAbout00 CC AGENDA 9.20.22CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL r
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Council Member Austin Lumbard, Mayor
Ryan Gallagher, Council Member
Rebecca Gomez, Council Member
SEPTEMBER 20, 2022
300 CENTENNIAL WAY,TUSTIN
COUNCIL CHAMBER AND
VIDEO CONFERENCE
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
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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
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To join to the Zoom web conference from any phone (landline or wireless), dial
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City Council September 20, 2022
Meeting Agenda Page 1 of 11
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
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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 September 20, 2022
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CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3026
ATTENDANCE — 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): (1 case)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
3. LIABILITY CLAIMS — [Government Code § 54956.95]: (6 cases)
A. Claim of Damon Deep Singh Manak, Claim No. 21-34
B. Claim of AAA a/s/o Laura Cervantes, Claim No. 22-34
C. Claim of Garcia Nayelli, Claim No. 22-31
D. Claim of Farmers Insurance a/s/o Gutierrez, Claim No. 22-29
E. Claim of Nadia Gutierrez, Claim No. 22-30
F. Claim of Carolyn Chaney, Claim No. 22-33
4. 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
City Council September 20, 2022
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Under Negotiation I Price and terms of payment
5. THREAT TO PUBLIC SERVICES OR FACILITIES — [Government Code § 54957]:
Consultation with Police Chief Greenberg
REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — #3026
INVOCATION - Pastor Jorge Molina — Mariners Church
PLEDGE OF ALLEGIANCE — Council Member Gallagher
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 AUGUST 16, 2022 AND THE SPECIAL MEETING OF THE CITY
COUNCIL HELD ON SEPTEMBER 14, 2022 .
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on August 16, 2022 and the Special Meeting of the
City Council held on September 14, 2022.
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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 $1,047,608.02, $982,064.25, and $952,017.17 and Demands in the
amount of $11,643,113.66.
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. Local health officials continue to recommend measures to promote
social distancing.
5. AUTHORIZATION TO PURCHASE AND INSTALL A CUSTOM PLAYGROUND
FOR PIONEER PARK PLAYGROUND RENOVATION PROJECT (CIP NO. 20092)
Staff is requesting authorization to contract with Pacific Play Systems, Inc. for the
purchase and installation of a custom playground at Pioneer Road Park (CIP No.
20092) utilizing the California Multiple Award Schedules (CMAS) through the State
of California Department of General Services.
Recommendation: That the City Council:
1. Adopt Resolution No. 22-46 authorizing the use of State of California
Department of General Services; CMAS Contract ID 4-19-78-0095A (Pacific
Play Systems, Inc.) for the purchase and installation of new playground
equipment at Pioneer Road Park;
2. Authorize the Mayor and the City Clerk to execute the contract documents on
behalf of the City.
RESOLUTION NO. 22-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING THE USE OF THE STATE OF CALIFORNIA DEPARTMENT OF
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GENERAL SERVICES CONTRACT FOR THE PURCHASE AND INSTALLATION
OF A NEW PLAYGROUND AT PIONEER ROAD PARK (CIP NO. 20092)
6. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED "HOW IS
ORANGE COUNTY ADDRESSING HOMELESSNESS?"
Response to the June 23, 2022 Orange County Grand Jury Report entitled "How is
Orange County Addressing Homelessness?"
Recommendation: It is recommended that the City Council approve the attached
response to the Orange County Grand Jury, authorize the Mayor to sign the cover
letter on behalf of the City Council, and direct the City Clerk to submit the response.
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1526
Adoption of Ordinance No. 1526 amends 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.
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1526.
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
8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1525
Adoption of Ordinance No. 1525 amends 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).
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1525.
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)
9. LEGISLATIVE UPDATE
City Council September 20, 2022
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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 September 9.
2. Direct staff to submit recommended signature or veto request letters to
Governor Newsom on AB 1595, AB 1985, AB 2011, AB 2097, AB 2449, AB
2496, AB 2647, SB 6 and SB 922.
3. Receive and file legislative updates prepared by TPA.
10. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED "WHERE
HAVE ALL THE CRVS GONE?"
Response to the June 28, 2022 Orange County Grand Jury Report entitled "Where
Have All the CRVs Gone?"
Recommendation: It is recommended that the City Council approve the attached
response to the Orange County Grand Jury, authorize the Mayor to sign the letter on
behalf of the City Council, and direct the City Clerk to submit the response.
11. ADOPT RESOLUTION NO. 22-44 TO ACCEPT IMPROVEMENTS FOR THE RED
HILL AVENUE MEDIAN IMPROVEMENTS PROJECT CIP NO. 70252 AND
AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION
Construction of the Red Hill Avenue Median Improvements Project, (CIP No. 70252),
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. 22-44 accepting the construction of the Red Hill Avenue
Median Improvements Project, (CIP No. 70252), and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder's Office.
RESOLUTION NO. 22-44
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 RED HILL
AVENUE MEDIAN IMPROVEMENTS PROJECT, CIP NO. 70252
12. 2022 BIENNIAL CONFLICT OF INTEREST CODE REVIEW (DESIGNATED
POSITIONS)
City Council September 20, 2022
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Biennially the City is required to review the list of designated positions in the Conflict
of Interest Code. City staff recommends the following changes to the list of
designated filers as follow:
Additions:
Senior Code Enforcement Officer (Community Development)
Plan Check Supervisor (Community Development)
IT Supervisor (Finance)
Senior Management Analyst (Finance)
Behavioral Health Bureau Commander (Police)
Assistant Director of Public Works (Public Works)
Deputy Director of Public Works - Operations (Public Works)
Deletions:
Principal Plan Check Engineer (Community Development)
Management Analyst I and II (Economic Development)
Finance Manager (Finance)
Police Civilian Commander (Police)
Recommendation: Adopt Resolution No. 22-45 modifying the Appendix
(Designated Positions) contained in the City's Conflict of Interest Code.
RESOLUTION NO. 22-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF
INTEREST CODE OF THE CITY OF TUSTIN, AND REPEALING RESOLUTION NO.
20-60.
13. DECLARATION OF SURPLUS EQUIPMENT
The City has accumulated obsolete and/or damaged equipment that include but are
not limited to desktop and laptop computers, monitors/TV's, network switches,
servers, and phone equipment that are no longer useable or required for public use.
Recommendation:
1. Declare the listed equipment surplus and not required for public use; and
2. Authorize staff to sell/have auctioned serviceable equipment of value and
dispose of assets beyond repair.
14. POLICE DEPARTMENT VEHICLE PURCHASE
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Four marked Police Department patrol vehicles have been identified as needing to
be replaced due to excessive mileage and/or age. There is also a need to purchase
an additional administrative vehicle to replace an aging fleet asset.
Recommendation: It is recommended the City Council authorize:
The purchase of four (4) 2023 Dodge Charger pursuit -rated vehicles from the
National Auto Fleet Group in the City of Alhambra in the amount of
$191,408.53 ($47,852.13 ea.) as replacements for four (4) of the aging, high -
mileage vehicles scheduled for replacement.
2. The purchase of police equipment conversion packages for three (3) 2023
Dodge Charger pursuit -rated patrol vehicles and one (1) 2023 Dodge Charger
pursuit -rated patrol vehicle K-9 equipment conversion package in the amount
of $36,582.03 ($9,145.51 ea.).
3. The purchase of graphic designs from Digital Magic Signs for four (4) 2022
Dodge Charger pursuit -rated vehicles in the amount of $3,147.25 ($786.81
ea.).
4. The purchase of a Lakeman Chassis battery boxes for four (4) 2023 Dodge
Charger pursuit -rated vehicle in the amount of $750.44. ($187.61 ea.).
5. The purchase of one (1) 2023 Chevrolet Tahoe administrative vehicle from the
National Auto Fleet Group in the City of Alhambra in the amount of $49,818.35
to be assigned to the Professional Standards Division as a replacement to
their currently assigned vehicle.
6. The Public Works Department to dispose of the retired surplus vehicles at the
next available public auction and credit net proceeds to the applicable City
Revenue Fund.
7. Staff to purchase comparable 2023 Dodge Charger pursuit -related vehicle(s)
and/or a comparable 2023 Chevrolet Tahoe administrative vehicle from an
authorized dealer(s) at an amount that is consistent with the above quoted
pricing not to exceed a 10% increase in the event the exact quoted vehicles
are unavailable.
PUBLIC HEARING ITEM 15
15. CODE AMENDMENT 2022-0004 (ORDINANCE NO. 1528) — DENSITY BONUS
UPDATE (INTRODUCTION AND FIRST READING)
This Project is a City -initiated request to amend Chapter 1 (Incentives for the
Development of Affordable Housing) of Article 9 (Land Use) to bring the Tustin City
Code (TCC) into conformance with current State Density Bonus Law (Government
Code Section 65915-65918). The State Density Bonus Law provides developers with
tools to encourage the development of affordable housing by providing additional
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density above and beyond the Zoning and General Plan density. State Density Bonus
Law also provides developers with incentives intended to help make the development
of affordable housing economically feasible. Other tools include reduced parking
requirements, and incentives/concessions and waivers of development standards
such as reduced setbacks and minimum square footage requirements.
On August 9, 2022, the Planning Commission adopted Resolution 4455 (Attachment
A), recommending that the City Council adopt Ordinance No. 1528, approving, CA
2022-0004. The Planning Commission Minutes from August 9, 2022, are provided as
Attachment B for additional reference.
Recommendation: That the City Council introduce and have a first reading, by title
only, of Ordinance No.1528, amending Chapter 1 (Incentives for the Development of
Affordable Housing) of Article 9 (Land Use) to bring the Tustin City Code (TCC) into
conformance with current State Density Bonus Law (Government Code Section
65915-65918), and set the second reading for the next regularly scheduled City
Council meeting.
ORDINANCE NO. 1528
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING AND RESTATING IN ITS ENTIRETY CHAPTER 1 OF
ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE (CODE AMENDMENT 2022-
0004) RELATING TO INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE
HOUSING
REGULAR BUSINESS ITEM 16
16. YEAR-END UPDATE FOR FISCAL YEAR 2021/22
This report provides the City Council with an update on Fiscal Year 2021/22 based
on actual year-end revenues and expenditures. General Fund operating revenues
are approximately $2.2 million higher than projected, whereas General Fund
expenditures are approximately $1.3 million lower than projected. Consequently,
General Fund Reserves are approximately $3.5 million higher than expected at $31.8
million as of June 30, 2022 (or 38% of General Fund operating expenditures), and
exceed the City Council's minimum reserve policy of 20%.
Recommendation: It is recommended that the City Council receive and file this
report and approve the interfund transfers set forth within this report, which provides
for the reimbursement of eligible expenditures incurred in other funds.
MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
No agenda report has been prepared by staff Pursuant to Resolution No. 21-105, if
any three (3) members of the Council approve a motion to agendize any of the
following items for a future meeting, the City Manager will initiate preparation of an
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appropriate agenda report and evaluate the tentative dates for the requested item to
be placed on the agenda for discussion and consideration by the City Council.
An aye vote will direct staff to prepare an agenda report for Council discussion and
consideration at a future meeting date to be determined by the City Manager.
A nay vote will result in no further action taken and the item may not be requested by
either of the requesting members of the Council again earlier than six months after
the Council last considered the request.
17. PROPOSAL FROM ONE SEED TO BEGIN AND SUPPORT THE
IMPLEMENTATION AND PROGRAMING OF A COMMUNITY GARDEN ON A
CITY OWNED SPACE WITHIN OLD TOWN TUSTIN.
Submitted By Council Member Clark, Co -Signed By Mayor Lumbard.
Proposed Council Action: Direct staff to prepare an agenda report for Council
discussion and consideration at a future meeting date to be determined by the City
Manager.
Recommendation: Pleasure of the City Council.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, October 4, 2022 for the
Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council September 20, 2022
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