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HomeMy WebLinkAbout00 CC AGENDA 1.17.23City Council January 17, 2023 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 JANUARY 17, 2023 MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY,TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Letitia Clark, Mayor Pro Tem Ryan Gallagher, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager Rebecca Gomez, Council Member Erica N. Yasuda, City Clerk Ray Schnell, Council Member David E. Kendig, City Attorney City Council January 17, 2023 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 January 17, 2023 Meeting Agenda Page 3 of 8 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3033 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. LIABILITY CLAIMS – [Government Code § 54956.95]: (1 case) A. Claim No. 22-47, Claim of Kyle Wong REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3033 ROLL CALL – City Clerk INVOCATION - Fr. Khoi, St. Cecilia Church PLEDGE OF ALLEGIANCE – Council Member Gallagher City Council January 17, 2023 Meeting Agenda Page 4 of 8 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. PRESENTATIONS – o Big Brothers Big Sisters National Mentoring Month o Recognition of Deputy Chief Bob Wright 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 - 6) 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 DECEMBER 20, 2022. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on December 20, 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 $957,105.01 and $1,000,663.63 and Demands in the amount of $3,037,293.09. 4. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS City Council January 17, 2023 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. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE LEGACY ANNEX TENANT IMPROVEMENT PROJECT CIP NO. 10087 The plans and specifications for the Legacy Annex Tenant Improvement Project (CIP No. 10087) have been substantially completed pending final approval by Building and Safety and the City Engineer. Recommendation: It is recommended that the City Council: 1. Appropriate $600,000 from the General Fund (Fund 100) and authorize transfer of the funding to the Capital Improvement Fund (Fund 200); 2. Adopt Resolution No. 23-04 approving the plans and specifications for the Legacy Annex Tenant Improvement Project (CIP No. 10087); and 3. Authorize the City Clerk to advertise to receive bids; subject to the final approval by Building and Safety and the City Engineer. RESOLUTION NO. 23-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE LEGACY ANNEX IMPROVEMENT PROJECT CIP NO. 10087 AND AUTHORIZING ADVERTISEMENT FOR BIDS 6. 2023 MAYORAL APPOINTMENTS TO COMMITTEES Annually the Mayor appoints those members of the City Council who will serve on various City and Regional committees. Recommendation: 1. Confirm the attached appointments as recommended by the Mayor; and City Council January 17, 2023 Meeting Agenda Page 6 of 8 2. Adopt FPPC Form 806: Agency Report of Public Official Appointments and direct staff to post on the City’s website. PUBLIC HEARING ITEM 7 7. GENERAL PLAN AMENDMENT (GPA) 2022-0001, ZONE CHANGE (ZC) 2022- 0001, DESIGN REVIEW (DR) 2022-0004, DENSITY BONUS CONCESSION/WAIVER REQUESTS, SUBDIVISION MAP (SUB) 2022- 0002/TENTATIVE TRACT MAP (TTM) NO. 19224, DEVELOPMENT AGREEMENT (DA) 2022-0002 This project includes the demolition of two (2) existing two-story office buildings currently located on the subject property and the construction of a new, townhome residential development project that would include forty (40) three-story residential units, including two (2) affordable units, on approximately 2.07 acres site. The applicant’s requests include consideration of a general plan amendment, zone change, design review, subdivision, a density bonus request to allow one (1) Concession to allow a reduced building setback along Irvine Blvd. and one (1) Waiver for a reduction in required amount of common open space, and a development agreement. On December 13, 2022, the City of Tustin Planning Commission held a public hearing on the proposed project and adopted Resolution Nos. 4461, 4462, 4463, 4464 and 4465, recommending that the City Council approve the above- referenced requests. Recommendation: That the City Council: 1. Adopt Resolution No. 23-01 approving the Mitigated Negative Declaration (MND) for the project. 2. Adopt Resolution No. 23-02 approving GPA 2022-0001 to amend the General Plan Land Use Designation of the subject property from Professional Office (PO) to High Density Residential (HDR). 3. Introduce and have first reading by title only of Ordinance No. 1531 approving ZC 2022-0001 to change the Zoning District of the subject property from Retail Commercial District (C1) with a Parking Overlay (P) to Multi-Family Residential (R3) to facilitate the development of forty (40), three-story residential units on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd. 4. Adopt Resolution No. 23-03 approving: • DR 2022-0004 for site layout and building design for forty (40), three-story residential units on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd.; City Council January 17, 2023 Meeting Agenda Page 7 of 8 • Density Bonus request to allow one (1) Concession to allow a reduced building setback along Irvine Blvd. and a Waiver for a reduction in required amount of common open space; and • SUB 2022-0002/TTM No. 19224 to subdivide the property for condominium purposes to construct a total of forty (40) residential units on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd. 5. Introduce and have first reading by title only of Ordinance 1532 approving DA 2022-0002 to accept the voluntary provision of community public benefits, by including two (2) affordable housing units for very-low income households, equity sharing, payment of affordable housing in-lieu fee. RESOLUTION NO. 23-01 A RESOLUTION OF THE CITY COUNCIL ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR A FORTY (40) UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT ON AN APPROXIMATE 2.07-ACRE SITE LOCATED AT 17802 AND 17842 IRVINE BOULEVARD RESOLUTION NO. 23-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING GENERAL PLAN AMENDMENT 2022-0001 TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM PROFESSIONAL OFFICE (PO) TO HIGH DENSITY RESIDENTIAL (HDR) FOR THE PROPERTY LOCATED AT 17802 AND 17842 IRVINE BOULEVARD RESOLUTION NO. 23-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 2022-0004, DENSITY BONUS CONCESSION AND WAIVER REQUESTS, SUBDIVISION 2022-0002/TENTATIVE TRACT MAP 19224 FOR RESIDENTIAL CONDOMINIUM PURPOSES, AUTHORIZING THE SUBDIVISION OF AN APPROXIMATE 2.07 ACRE SITE CONSISTING OF ONE (1) NUMBERED LOT OF FORTY (40) CONDOMINIUM RESIDENCES LOCATED AT 17802 AND 17842 IRVINE BOULEVARD ORDINANCE 1531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE 2022-0001, AMENDING THE ZONING DESIGNATION FROM RETAIL COMMERCIAL DISTRICT (C1) WITH A PARKING OVERLAY (P) TO MULTI-FAMILY RESIDENTIAL (R3) TO ACCOMMODATE THE CONSTRUCTION OF A 40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE BOULEVARD ORDINANCE NO.1532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2022-0002 BETWEEN THE CITY OF TUSTIN City Council January 17, 2023 Meeting Agenda Page 8 of 8 AND INTRACORP SO CAL-1, LLC TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING TWO (2) AFFORDABLE HOUSING UNITS FOR VERY-LOW INCOME HOUSEHOLDS, EQUITY SHARING, AND PAYMENT OF AN AFFORDABLE HOUSING IN-LIEU FEE AND FOR A 40- UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE BOULEVARD REGULAR BUSINESS ITEM 8 8. 2023 COMMISSION VACANCIES Due to term expirations and vacancies, staff is requesting that the City Council provide direction on the preferred process to fill upcoming vacancies on the Planning, Audit, and Community Services Commissions and the Building Board of Appeals. 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, February 7, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.