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Home My WebLink About00 CC AGENDA 10.18.22CITY 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 18, 2022 300 CENTENNIAL WAY,TUSTIN COUNCIL CHAMBER 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 18, 2022 Meeting Agenda Page 1 of 8 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 18, 2022 Meeting Agenda Page 2 of 8 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #3028 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) REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — #3028 INVOCATION - Pastor Fred Snider, Grace Harbor Church PLEDGE OF ALLEGIANCE — Mayor Lumbard 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. City Council October 18, 2022 Meeting Agenda Page 3 of 8 PRESENTATION — Orange County Water District Main Street Treatment Plant and Pipeline Project - Chris Olsen, Director of Engineering for the Orange County Water District 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 - 9) 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 OCTOBER 4, 2022. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on October 4, 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 $1,053,075.19 and Demands in the amount of $3,874,760.47. 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. City Council October 18, 2022 Meeting Agenda Page 4 of 8 5. ADOPT RESOLUTION NO. 22-48 TO ACCEPT IMPROVEMENTS FOR THE BENETA WELL NO. 2 - PHASE 1 DRILLING PROJECT CIP No. 60151 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Beneta Well No. 2 - Phase I Drilling Project, (CIP No. 60151), 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. 22-48 accepting the construction of the Beneta Well No. 2 - Phase I Drilling Project, (CIP No. 60151), and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 22-48 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 BENETA WELL NO. 2 — PHASE I DRILLING PROJECT, CIP NO. 60151 6. APPROVE GRANTS OF EASEMENT TO THE IRVINE RANCH WATER DISTRICT OVER PORTIONS OF NEIGHBORHOOD E AND NEIGHBORHOOD D SOUTH IN TUSTIN LEGACY Construction of the Flight Phase 1 Development Project and the N -D South Phase 1 Construction Project included installation of onsite Irvine Ranch Water District (IRWD) sewer, domestic water, and recycled water pipeline facilities across Neighborhood E (N -E) and Neighborhood D South (N -D South) in Tustin Legacy. It is therefore necessary for the City of Tustin to grant non-exclusive easements to IRWD for sewer, domestic water, and recycled water pipelines and access purposes on these properties. Recommendation: It is recommended that the City Council: 1. Grant a non-exclusive easement to the Irvine Ranch Water District on Portions of Parcel 2 of Parcel Map No. 2015-168 and on a Portion of Lot "BB" of Tract No. 17144 in N -E for sewer, domestic water, and recycled water pipelines and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 2. Grant a non-exclusive easement to the Irvine Ranch Water District on Portions of Lot 1 of TR 18197 in N -D South for domestic water pipelines and access purposes, and authorize the Mayor and City Clerk to execute the document on behalf of the City City Council October 18, 2022 Meeting Agenda Page 5 of 8 7. AUTHORIZE CITY MANAGER TO APPROVE CONTRACT AMENDMENTS TO THE LANDSCAPE MAINTENANCE SERVICES CONTRACT WITH MARIPOSA LANDSCAPES FOR THE GENERAL FUND CITY/WATER FACILITIES The City Council approved landscape maintenance services contracts with Mariposa Landscapes on June 4, 2019. Since then, the City has completed a number of projects that require landscape maintenance services. These areas have been added to the agreement using the contract pricing approved by the City Council for General Fund City/Water Facilities, which is adjusted annually by CPI and appropriated by the adopted budget. Staff desires to formally incorporate these and future landscaped areas and associated water quality compliance best management practices to the agreement through amendments as needed, contingent upon City Council approval of the annual budget appropriation through the projected contract term, ending fiscal year 2024/2025. Recommendation: It is recommended that the City Council authorize the City Manager or his designee to approve amendments to the landscape maintenance contract for General Fund City/Water Facilities with Mariposa Landscapes as needed to adjust for additional landscape maintenance services, replanting, car accident refurbishment, irrigation repair and water quality compliance best management practices not to exceed the City Council adopted annual budgetary appropriation. 8. 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 legislative updates prepared by TPA. 2. Receive and file the updated legislative matrix as of October 7. 9. NAME APPROVAL FOR THE DOG PARK AT TUSTIN LEGACY PARK At their September 21, 2022, Regular Meeting, the Community Services Commission recommended forwarding a name for the new dog park at Tustin Legacy Park for approval by the City Council. Recommendation: It is recommended that the City Council adopt Resolution 22-49 approving "The Bark Barracks at Tustin Legacy Park" as the official name of the City of Tustin's first dog park. RESOLUTION NO. 22-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE OFFICIAL NAME OF THE DOG PARK AT TUSTIN LEGACY PARK AS RECOMMENDED BY THE COMMUNITY SERVICES COMMISSION 1l131111111[01CI:r_1NNIXl1111i4LTi5U7 City Council October 18, 2022 Meeting Agenda Page 6 of 8 10. ORDINANCE NO. 1529 AMENDING CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN CITY CODE AND ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE, RELATED MODEL CODES WITH CERTAIN APPENDICES, AND SUPPLEMENTAL REGULATIONS, AND ADOPTING AMENDMENTS THERETO Every three (3) years, the State of California Building Standards Commission selects and adopts new construction regulations substantially based on internationally published model codes. Collectively, these State regulations are known as the California Code of Regulations (CCR), Title 24, or most commonly, the "California Building Standards Code." State law requires the 2022 California Building Standards Code to apply to all California cities effective January 1, 2023. The State of California's Health and Safety Code Section 17958.7 and 18941.5 also permits local governments to adopt amendments to the California Building Standards Code when they are administrative or procedural, or when there are local climatic, geological or topographical conditions that exist within their communities. The local government amendments however, may not be less restrictive building standard than that contained in Title 24. Health and Safety Code Section 18941.5. To comply with the State Law, Ordinance No. 1529 is proposed to adopt and amend the 2022 Building Standards Code with certain Appendices and supplemental regulations. Resolution No. 22-43 is the accompanying resolution that provides express findings that such changes or modifications are reasonably necessary due to local climatic, geological or topographical conditions for the City of Tustin. Recommendation: That the Council: 1. Continue to November 1, 2022, consideration of Resolution No. 22-43 setting forth findings as to local climatic, geological or topographical conditions within the City of Tustin which make it reasonably necessary to make certain amendments to the 2022 Building Standards Code; 2. Introduce and have first reading of Ordinance No. 1529 and set for a public hearing and second reading at the Council's November 1, 2022 meeting. This procedure is in accordance with California Government Code Title 5, Division 1, Part 1, as published by the Building Standards Bulletin 22-02. ORDINANCE NO. 1529 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING CODE AMENDMENT 2022-0006 AMENDING CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN CITY CODE AND ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE, RELATED MODEL CODES WITH CERTAIN APPENDICES, AND CERTAIN SUPPLEMENTAL REGULATIONS, INCLUDING: THE CALIFORNIA BUILDING CODE, 2022 EDITION, ADDING APPENDIX Q; THE CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; THE CALIFORNIA FIRE CODE, 2022 EDITION, INCLUDING APPENDICES B, BB, C, CC, AND H; THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 City Council October 18, 2022 Meeting Agenda Page 7 of 8 EDITION; THE CALIFORNIA PLUMBING CODE, 2022 EDITION; THE CALIFORNIA MECHANICAL CODE, 2022 EDITION; THE CALIFORNIA ELECTRICAL CODE, 2022 EDITION; THE CALIFORNIA ENERGY CODE, 2022 EDITION; THE CALIFORNIA HISTORICAL BUILDING CODE, 2022 EDITION; THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; THE CALIFORNIA REFERENCED STANDARDS CODE, 2022 EDITION; THE UNIFORM HOUSING CODE, 1997 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2021 EDITION; WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS. RESOLUTION NO. 22-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE NECESSARY CERTAIN MODIFICATIONS AND CHANGES TO THE 2022 CALIFORNIA BUILDING STANDARDS CODE OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, November 1, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. City Council October 18, 2022 Meeting Agenda Page 8 of 8