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Home My WebLink About00 CC AGENDA 11.1.22City Council November 1, 2022 Meeting Agenda Page 1 of 8 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 OF TUSTIN REGULAR NOVEMBER 1, 2022 MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY,TUSTIN COUNCIL CHAMBER Barry W. Cooper, Mayor Pro Tem Letitia Clark, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager Ryan Gallagher, Council Member Erica N. Yasuda, City Clerk Rebecca Gomez, Council Member David E. Kendig, City Attorney City Council November 1, 2022 Meeting Agenda Page 2 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 November 1, 2022 Meeting Agenda Page 3 of 8 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3029 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]: (4 cases) A. Claim of Alberto Rocca, Claim No. 22-32 B. Claim of Monica Lopez, Claim No. 22-35 C. Claim of Brenda Ramirez, Claim No. 22-36 D. Claim of Hoa Le, Claim No. 22-38 4. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] A. Title: City Manager 5. CONFERENCE WITH LABOR NEGOTIATOR – pursuant to Government Code § 54957.6: (1 case) A. Unrepresented employee: City Manager, Matthew S. West Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources City Council November 1, 2022 Meeting Agenda Page 4 of 8 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3029 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion 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. 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 - 8) 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 18, 2022. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on October 18, 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 $1,002,034.54 and Demands in the amount of $3,064,317.09. 4. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS City Council November 1, 2022 Meeting Agenda Page 5 of 8 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. FY2021 URBAN AREA SECURITY INITIATIVE (UASI) GRANT The City of SANTA ANA, in its capacity as a Core City for the Anaheim/Santa Ana Urban Area, has applied for, received and accepted a grant entitled "FY 2021 Urban Areas Security Initiative" (UASI) Grant Program. This grant is from the Federal Department of Homeland Security, Federal Emergency Management Agency, through the State of California's Office of Emergency Services. It is intended to enhance countywide emergency preparedness, and to help the Operational Area prevent, respond to, and recover from acts of terrorism, as set forth in the grant guidelines and assurances that are incorporated into the Agreement by reference. The Office of Grants and Training has awarded $5,113,750.00 to the City of SANTA ANA for use in the Anaheim/Santa Ana Urban Area, for the performance term of September 1, 2021 through March 31, 2024 (FY2021). In which, the grant period for sub-recipients (City of Tustin) can be awarded through the period August 10, 2022 to March 31, 2024. The funds are now available for distribution throughout the Operational Area, and the City of Tustin, as a Sub-Recipient, is authorized to participate in the grant funding. Recommendation: It is recommended that the City Council: 1. Adopt Resolution 22-50, designating the Chief of Police or his designee as the City's authorized representative for the FY 2021 UASI grant. 2. Approve the FY 2021 UASI Transfer Agreement between the City of Santa Ana and the City of Tustin. RESOLUTION NO. 22-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY’S AUTHORIZED REPRESENTATIVE FOR THE FY 2021 URBAN AREAS SECURITY INITIATIVE (UASI) 6. FRONTIER PARK MOSAIC TILE MURAL PUBLIC ART PROJECT City Council November 1, 2022 Meeting Agenda Page 6 of 8 At their October 19, 2022, Regular Meeting, the Community Services Commission recommended forwarding the design for the Frontier Park Mosaic Tile Mural approved by the Public Art Committee to the City Council for final consideration. Recommendation: It is recommended that the City Council adopt Resolution 22-54 approving the design for the Frontier Park Mosaic Tile Mural, which was created via a public input process led by artist Mike Tauber. RESOLUTION NO. 22-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE ARTWORK AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE ARTIST 7. TUSTIN CITY CODE UPDATE - SOLID WASTE CHAPTER On November 16, 2021, the City Council approved changes to the Tustin City Code (TCC) to ensure the City complies with Senate Bill 1383 requirements. Specifically, the Solid Waste Chapter was updated to require that all properties subscribe to recycling services for traditional dry recyclables as well as organics if they generate those materials. Staff has spent the last year implementing recycling programs and working with CalRecycle on plans to ensure all customers are fully compliant by December 31, 2023. Through this work, staff has identified TCC revisions that will assist in timely implementation of recycling programs throughout the community. Recommendation: It is recommended that the City Council conduct first reading by title only of Ordinance No. 1530 amending Chapter 3 of Article 4 of the Tustin City Code related to solid waste. ORDINANCE NO. 1530 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4, CHAPTER 3 OF THE TUSTIN CITY CODE PERTAINING TO MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS 8. SALARY RESOLUTION FOR UNREPRESENTED PART-TIME NONBENEFITTED EMPLOYEES Adoption of the attached Resolution will authorize modified terms and conditions of employment for unrepresented Part-Time Non-Benefitted employees as a result of an upcoming increase in the State minimum wage. Recommendation: It is recommended that the City Council adopt Resolution No. 22-53 for Part-Time Non-Benefitted employees. RESOLUTION NO. 22-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION FOR UNREPRESENTED PART-TIME NON- BENEFITTED EMPLOYEES AND SUPERSEDING RESOLUTION 21-83 City Council November 1, 2022 Meeting Agenda Page 7 of 8 PUBLIC HEARING ITEM 9 9. SECOND READING AND ADOPTION OF 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) Adoption of Ordinance No. 1529 amends 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 City Council: 1. Adopt 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; and 2. Have second reading by title only and adoption of Ordinance No. 1529. 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 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, City Council November 1, 2022 Meeting Agenda Page 8 of 8 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 REGULAR BUSINESS ITEM 10 10. SUMMARY OF PROJECTS – COMMUNITY DEVELOPMENT & PUBLIC WORKS DEPARTMENTS The following report provides a summary of projects and activities from the Community Development and Public Works Departments to the Tustin City Council. The report focuses on the status of projects that the Planning Commission, City Council, Zoning Administrator, or staff approved; historic preservation projects; Code Enforcement activities; major construction and improvement projects; and, other items of interest. Recommendation: That the City Council receive and file this item. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, November 15, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.