HomeMy WebLinkAbout00 CC AGENDA 10.4.22CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
77777
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Council Member Austin Lumbard, Mayor
Ryan Gallagher, Council Member
Rebecca Gomez, Council Member
OCTOBER 4, 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
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 October 4, 2022
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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 October 4, 2022
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CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3027
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): (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
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REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — #3027
INVOCATION - Pastor Dane Counts, Kings Way Foursquare Church
PLEDGE OF ALLEGIANCE — Council Member Gomez
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.
PRESENTATION — Fire Prevention Week: October 9-15, 2022
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 - 7)
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 SEPTEMBER 20, 2022 AND THE SPECIAL MEETING OF THE TUSTIN
HOUSING AUTHORITY HELD ON SEPTEMBER 20, 2022.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on September 20, 2022 and the Special Meeting of
the Tustin Housing Authority held on September 20, 2022.
3. RATIFICATION OF PAYROLL AND DEMANDS
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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 $918,314.95 and Demands in the amount of $1,737,705.09.
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. AWARD CONTRACT FOR THE BENETA WELL NO. 2 - PHASE II EQUIPPING
PROJECT (CIP NO. 60151)
Bids for the Beneta Well No. 2 - Phase II Equipping Project (CIP No. 60151) have
been received and a construction contract is ready to be awarded to the lowest
responsive/responsible bidder, Arnaz Engineering Contractors, Inc. ("Arnaz").
Recommendation: It is recommended that the City Council:
1. Deny the bid protest submitted by Environmental Construction, Inc. ("ECI") as
to Arnaz;
2. Award a construction contract to the lowest responsive/responsible bidder,
Arnaz, in the amount of $3,096,800.00 for the Beneta Well No. 2 - Phase II
Equipping Project (CIP No. 60151) and authorize the Mayor and the City Clerk
to execute the contract documents on behalf of the City; and
3. Authorize the remaining project budgeted appropriation in excess of ten
percent (10%) above the contract amount as additional contingency.
6. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
Quarterly Report for the first and second quarters of 2022. The average noise level
measured at Tustin's monitoring station (NMS 10N), located at Columbus Tustin
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Middle School on Beneta Way (Figure 1), remained consistent with prior quarters.
Average daily noise levels during the first and second quarters 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. SECOND READING AND ADOPTION OF ORDINANCE NO. 1528 (CODE
AMENDMENT 2022-0004 — DENSITY BONUS UPDATE)
Adoption of Ordinance No. 1528 amends and restates 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.
As a follow up to Councilmember Gomez's question requesting the definition of the
Transitional Foster Youth. The draft Density Bonus Ordinance makes reference to
the definition in Section 66025.9 of the Education Code, which defines the term as
follows:
"Foster youth and former foster youth" means a person in California whose
dependency was established or continued by a court of competent jurisdiction,
including a tribal court, on or after the youth's 13th birthday and who is no older than
25 years of age at the commencement of the academic year.
Recommendation: That the City Council: Have second reading by title only and
adoption of Ordinance No. 1528.
ORDINANCE NO. 1528
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, 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
PUBLIC HEARING ITEM 8
8. GENERAL PLAN AMENDMENT (GPA) 2022-0002, 2021-2029 (SIXTH CYCLE)
HOUSING ELEMENT UPDATE
On October 5, 2021, the City Council adopted Resolution No. 21-86, certifying the
Negative Declaration for GPA 2021-0002 and Resolution No. 21-87, approving GPA
2021-0002, updating the City's Housing Element of the General Plan. GPA 2022-
0002 is an update to the adopted Housing Element (GPA 2021-0002) in response to
the State Department of Housing and Community Development (HCD) review to
comply with State Housing Element law. Per AB 215, updates have been posted for
public review and can be accessed online at www.tustinca.org/HousingElement.
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The Planning Commission, at its September 13, 2022 meeting, recommended
approval of the Housing Element Update to the City Council for consideration during
its October 4, 2022 meeting. City staff will subsequently transmit the revised adopted
Housing Element to HCD by October 15, 2022.
Recommendation: That the City Council Adopt Resolution No. 22-47, approving
GPA 2022-0002,
Element law.
updating the Housing Element to comply with State Housing
RESOLUTION NO. 22-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING
GENERAL PLAN AMENDMENT 2022-0002, UPDATING THE TUSTIN HOUSING
ELEMENT PURSUANT TO GOVERNMENT CODE SECTION 65588.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, October 18, 2022 for the
Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council October 4, 2022
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