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HomeMy WebLinkAbout00 CC AGENDA 2.7.23City Council February 7, 2023 Meeting Agenda Page 1 of 9 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 Passcod e 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 FEBRUARY 7, 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 February 7, 2023 Meeting Agenda Page 2 of 9 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 February 7, 2023 Meeting Agenda Page 3 of 9 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3034 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: (1 case) A. Claim No. 22-47, Claim of Kyle Wong 4. LABOR NEGOTIATIONS – [Government Code § 54957.6] Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Police Support Services Management Association (TPSSMA) Employee Organization: Tustin Police Support Service Association (TPSSA) City Council February 7, 2023 Meeting Agenda Page 4 of 9 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3034 ROLL CALL – City Clerk 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. PRESENTATIONS – Black History Month Proclamation 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 - 12) 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 JANUARY 17, 2023. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on January 17, 2023. 3. RATIFICATION OF PAYROLL AND DEMANDS City Council February 7, 2023 Meeting Agenda Page 5 of 9 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 $936,173.21 and Demands in the amount of $7,907,285.91. 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. TUSTIN LEGACY DISPOSITION PARCEL 6B CERTIFICATE OF COMPLIANCE AND TERMINATION OF PUBLIC ACCESS COVENANT AND DECLARATION OF EASEMENT Request for authorization to execute the Certificate of Compliance (Certificate) and the Termination of Public Access Covenant and Declaration of Easement (Termination) for Tustin Legacy Disposition Parcel 6B (Levity at Tustin Legacy). Recommendation: Authorize the City Manager to execute the Certificate and Termination, subject to any non -substantive modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney. 6. ADOPTION OF THE 2023 INVESTMENT POLICY The City's Investment Policy is reviewed on an annual basis for submission and approval by the City Council. The Audit Commission reviewed the proposed changes to the Investment Policy at the December 15, 2022 and January 12, 2023 meetings and recommends that the City Council adopt the Investment Policy for Calendar Year 2023. Recommendation: It is recommended that the City Council adopt the City's Investment Policy for Calendar Year 2023, which includes proposed changes to the Investment Policy that continues to provide for safety and liquidity while achieving a reasonable rate of return. City Council February 7, 2023 Meeting Agenda Page 6 of 9 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT ~ ZONE 4, CIP NO. 70022 The plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project for Zone 4 (CIP No. 70022) have been prepared and the project is now ready for bid. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 23-06 approving the plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project ~ Zone 4, (CIP No. 70022), and authorize the City Clerk to advertise to receive bids; and 2. Appropriate $2,600,000 from the Measure M2 Fund (Fund139) and $865,000 from the Gas Tax Fund (Fund130) for sidewalk and roadway repairs and $1,700,000 from the General Fund - Capital Improvement Program (Fund 200) for roadway repairs to meet the City's Measure M2 Maintenance of Effort (MOE) obligation. RESOLUTION NO. 23-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 4, CIP NO. 70022 AND AUTHORIZING ADVERTISEMENT FOR BIDS 8. ADOPT RESOLUTION NO. 23-05 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023 -2024 State law requires an engineering analysis each year to identify property benefits and to levy assessments in the Tustin Landscape and Lighting District. Resolution No. 23-05 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2023 -2024. RESOLUTION NO. 23-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023-2024 9. APPROVE ATTACHMENT AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY The Southern California Gas Company (Gas Company) has been deploying advanced metering technology throughout their service area. As part of this City Council February 7, 2023 Meeting Agenda Page 7 of 9 deployment, the Gas Company is requesting authorization to attach a metering device to a City owned street light pole. Recommendation: It is recommended that the City Council approve the Attachment Agreement with the Southern California Gas Company and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. 10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1531 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 Adoption of Ordinance No. 1531 approves Zone Change 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. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1531. ORDINANCE NO. 1531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA 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 11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1532 APPROVING DEVELOPMENT AGREEMENT (DA) 2022-0002 BETWEEN THE CITY OF TUSTIN 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 Adoption of Ordinance No. 1532 approving Development Agreement 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. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1532. City Council February 7, 2023 Meeting Agenda Page 8 of 9 ORDINANCE NO. 1532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT (DA) 2022-0002 BETWEEN THE CITY OF TUSTIN 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 12. APPOINTMENT OF CITY TREASURER The City Council temporarily appointed the City Manager as City Treasurer until the Director of Finance position was filled. Now that the City has a new Director of Finance, staff recommends that the City Council appoint this individual as City Treasurer. Recommendation: Appoint new Director of Finance, Jennifer King, as the City Treasurer, effective February 8, 2023. REGULAR BUSINESS ITEMS 13-14 13. PUBLIC ART POLICY UPDATES AND PROPOSED ORDINANCE FOR PUBLIC ART COMMISSION The Public Art Policy has been reviewed and staff is recommending updates, as well as the proposed Ordinance 1534 which, if adopted, would establish the Public Art Commission as an advisory body to City Council in relation to implementation of the updated Public Art Policy. Recommendation: It is recommended that the City Council: 1. Approve updates to the Public Art Policy. 2. Conduct first reading by title only of Ordinance No. 1534 amending the Tustin City Code by adding Part 8 to Chapter 5 of Article 1 of the Tustin City Code to establish the Public Art Commission. 3. Appoint the sitting Public Art Committee members to the Public Art Commission to serve out the remainder of their terms. ORDINANCE NO. 1534 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADDING PART 8 TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATED TO THE ESTABLISHMENT OF A PUBLIC ART COMMISSION 14. LEGISLATIVE UPDATE City Council February 7, 2023 Meeting Agenda Page 9 of 9 Recap of 2022 Legislative activities by the City’s advocacy consultant Townsend Public Affairs (TPA), consideration of 2023 Legislative Platform and updates on legislative activity at the state and federal level. Recommendation: 1. Receive presentation on 2022 Legislative recap by TPA 2. Adopt 2023 Legislative Platform 3. Receive and file legislative update prepared by TPA OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, February 21, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.