Loading...
HomeMy WebLinkAbout00 CC AGENDA 3.7.23City Council March 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 MARCH 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 March 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 March 7, 2023 Meeting Agenda Page 3 of 9 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3036 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. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2) and (e)(5): (1 case) 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) A. Orange County Superior Court Case No. 30-2019-01105734, Ambrose v. City of Tustin 5. LIABILITY CLAIMS – [Government Code § 54956.95]: (2 cases) A. Claim No. 22-49, Claim of Sunil and Varsha Daryanani B. Claim No. 23-01, Claim of Kathy Furen 6. LABOR NEGOTIATIONS – [Government Code § 54957.6] Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore City Council March 7, 2023 Meeting Agenda Page 4 of 9 Employee Organization: Tustin Police Support Service Association (TPSSA) REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3036 INVOCATION – Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE – Council Member Schnell 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. 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 - 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 FEBRUARY 21, 2023. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 21, 2023. 3. RATIFICATION OF PAYROLL AND DEMANDS City Council March 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 $947,941.29 and Demands in the amount of $3,803,348.30. 4. ADOPT RESOLUTION NO. 23-07 TO ACCEPT IMPROVEMENTS FOR THE NEWPORT AVENUE PAVEMENT REHABILITATION PROJECT BETWEEN 1 -5 AND HOLT AVENUE (CIP NO. 70244) AND BETWEEN SYCAMORE AVENUE AND 1-5 (CIP NO. 70245) AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Newport Avenue Pavement Rehabilitation Project between 1 -5 and Holt Avenue (CIP No. 70244) and between Sycamore Avenue and 1-5 (CIP No. 70245) 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. 23-07 accepting the construction of the Newport Avenue Pavement Rehabilitation Project between 1 -5 and Holt Avenue (CIP No. 70244) and between Sycamore Avenue and 1-5 (CIP No. 70245); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 23-07 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 NEWPORT AVENUE PAVEMENT REHABILITATION PROJECT BETWEEN I-5 AND HOLT AVENUE, CIP NO. 70244, AND BETWEEN SYCAMORE AVENUE AND I-5, CIP NO. 70245 5. APPROVE REIMBURSEMENT AGREEMENT WITH EAST ORANGE COUNTY WATER DISTRICT FOR CITY'S PORTION OF CONSTRUCTION COSTS RELATED TO THE OC-43 WALNUT VAULT REPLACEMENT PROJECT AND AUTHORIZE EXECUTION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND EAST ORANGE COUNTY WATER DISTRICT RELATIVE TO JOINT USE OF TURNOUT FACILITY VAULTS The East Orange County Water District (EOCWD) provides imported water supply to the City through various imported water connections. EOCWD has identified a project to replace and improve the OC-43 imported water connection. EOCWD engaged the City during the design phase and has developed a reimbursement agreement for components and improvements specific to the City's needs to operate and control imported water entering the City's water system. City Council March 7, 2023 Meeting Agenda Page 6 of 9 Concurrently, EOCWD and the City engaged in a process to clarify ownership, controls and operations of imported water connections, commonly referred to as "turnout facilities", and established a Memorandum of Understanding (MOU) to memorialize the joint use of these facilities. Recommendation: It is recommended that the City Council: 1. Approve the Reimbursement Agreement with East Orange County Water District for the City's costs related to the replacement of the OC-43 Walnut Vault Replacement Project; 2. Authorize the City Manager to execute the Reimbursement Agreement for OC- 43 Walnut Vault Replacement; and 3. Authorize the City Manager to execute the Memorandum of Understanding Relative to Joint Use of Turnout Facility Vaults. 6. ADOPT RESOLUTION NO. 23-08 AMENDING THE DEDICATION OF RIGHT-OF- WAY OF LEGACY ROAD IN TUSTIN LEGACY As a part of conveyance maps TR 17404 and TR 17144, certain lots located on the former site of the Tustin Marine Corps Air Station were reserved for public street purposes. Resolution No. 13-17 dedicated and accepted certain of these lots including Legacy Road in Neighborhood D South which right-of-way legal description is inconsistent with the constructed and accepted public improvements to Legacy Road and with recorded Tract Map No. 18197. Recommendation: It is recommended that the City Council adopt Resolution No. 23-08 amending the right-of-way dedication of Legacy Road in Neighborhood D South in Tustin Legacy. RESOLUTION NO. 23-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING RESOLUTION NO. 13-17 CONCERNING THE DEDICATION OF SPECIFIED PROPERTY FOR PUBLIC STREET PURPOSES 7. 2022 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION MONITORING STATUS REPORT FOR FEIS/EIR FOR TUSTIN LEGACY SPECIFIC PLAN The California Government Code requires that the Planning Commission provide an annual progress report to the City Council on the status of the City’s General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing development, maintenance, and improvement. City Council March 7, 2023 Meeting Agenda Page 7 of 9 In addition, the City Council certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of MCAS Tustin along with its Supplemental and Addendums. The FEIS/EIR evaluated the environmental impacts of the reuse and disposal of MCAS-Tustin, which included the adoption of a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP requires a nnual review to ensure compliance with required mitigations. On February 28, 2023, the Planning Commission reviewed the General Plan Annual Report and the Tustin Legacy Annual Mitigation Monitoring Status Report and authorized staff to forward the reports to the City Council. With Council authorization, staff will forward the General Plan Annual Report to the California Department of Housing and Community Development (HCD) and Office of Planning and Research (OPR) in fulfillment of the State’s requirement, and receive and file the Tustin Legacy Annual Mitigation Monitoring Status Report. Recommendation: That the City Council: • Authorize staff to forward the General Plan Annual Report to the State OPR and HCD; and • Receive and file the Tustin Legacy Annual Mitigation Monitoring Status Report and authorize staff to submit a subsequent report when considerable and significant activities occur. 8. POLICE COMMUNICATIONS OFFICER HIRING INCENTIVE PILOT PROGRAM Staff is seeking City Council approval to implement a proposed Police Communications Officer Hiring Incentive Pilot Program to improve the City’s success in recruiting, hiring, and retaining lateral Police Communications Officers. Recommendation: Authorize the City Manager, or his designee, to implement a Police Communications Officer Hiring Incentive Pilot Program. REGULAR BUSINESS ITEM 9 9. APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY REQUEST FOR DISABILITY-RELATED MODIFICATION OF CITY POLICIES, PRACTICES, AND/OR PROCEDURES Philip Teyssier of Atomic Investments, Inc. (“Appellant”) appeals from the Planning Commission’s denial of a request for disability-related reasonable modification of City policies, practices, and/or procedures to allow California Treatment Services, a subsidiary of Acadia Healthcare Company, Inc. (“Acadia”) to operate an outpatient treatment and counselling center (“Comprehensive Treatment Center” or “CTC”) at City Council March 7, 2023 Meeting Agenda Page 8 of 9 a commercial property owned by the Appellant located at 535 E. First Street. AMERICANS WITH DISABILITIES ACT (“ADA”) ADVISORY STATEMENT RELATED TO THE PROPOSED PROJECT: If approved, the proposed CTC would exclusively serve persons receiving treatment for Opioid Use Disorder. To be a patient at the CTC, an individual cannot be actively using illegal drugs. Persons receiving such treatment are “qualified individual[s] with a disability” afforded full protection under the ADA and the ADA prohibits the City from discriminating against qualified individuals in making land use decisions. In considering this application and the appeal, the City Council may not treat the proposed CTC differently than it would any other medical clinic. It may not base its decision on the fact that patients at the CTC will be receiving treatment fo r Opioid Use Disorder. Nor may unsubstantiated fears, prejudice, or stereotypes related to persons recovering from Opioid Use Disorder form the basis of the City Council’s decision. Recommendation: Pleasure of the City Council. PUBLIC HEARING ITEM 10 10. APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY CONDITIONAL USE PERMIT 2022-0009 Conditional Use Permit (CUP) 2022-009 is a request to allow the operation of an outpatient treatment and counseling center (Comprehensive Treatment Center or CTC) for opioid use disorder utilizing medicated-assisted treatment (MAT) in combination with counseling and therapies at 535 E. First Street. The proposed project will occupy a 10,610 square foot tenant space on the second floor of an existing office building. The hours of operation will be Monday through Friday from 5:00 am to 2:00 pm and Saturdays from 6:00 am to 9:00 am. It is anticipated that on average approximately 1401 total clients would be served per day. The project site is located within the Downtown Commercial Core Specific Plan – Development Area 3 (DCCSP-DA3) where “Medical Clinics for Out-patients Only” are listed as conditionally permitted uses. On January 10, 2023, the Planning Commission adopted Resolution No. 4456 (Attachment A), denying CUP 2022-009. On January 19, 2023, the property owner (listed above) filed an appeal of the Planning Commission's decision denying the proposed project (Attachment B). The appeal hearing before the City Council is de novo. The written appeal states that: (1) the decision of the Planning Commission denying the project should be reversed and that CUP 2022-0009 be approved, pending revision of the proposed Conditions of Approval; (2) City staff has been unwilling to meet the applicant or property owner in order to discuss the proposed use, most notably regarding the conditions of approval prior to only making them available less than six (6) days prior to the Planning Commission hearing date, City Council March 7, 2023 Meeting Agenda Page 9 of 9 thereby blocking any input; (3) after the motion by the Planning Commission to deny the proposed use, the Planning Commission Chair did not follow proper procedures in allowing any discussion on the motion on the floor, and instead, pushed ahead to vote on the motion; (4) the information presented to the Planning Commission by staff was done so without their clear understanding of the facts; (5) the City Attorney's office promised to provide public records as they become available, but failed to do so; and (6) there has been a gross violation of proper procedure. AMERICANS WITH DISABILITIES ACT (“ADA”) ADVISORY STATEMENT RELATED TO THE PROPOSED PROJECT: If approved, the proposed CTC would exclusively serve persons receiving treatment for Opioid Use Disorder. To be a patient at the CTC, an individual cannot be actively using illegal drugs. Persons receiving such treatment are “qualified individual[s] with a disability” afforded full protection under the ADA and the ADA prohibits the City from discriminating against qualified individuals in making land use decisions. In considering this application and the appeal, the City Council may not treat the proposed CTC differently than it would any other medical clinic. It may not base its decision on the fact that patients at the CTC will be receiving treatment for Opioid Use Disorder. Nor may unsubstantiated fears, prejudice, or stereotypes related to persons recovering from Opioid Use Disorder form the basis of the City Council’s decision. 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, March 21, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.