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Home My WebLink About00 CC AGENDA 6.6.23CITY OF TUSTIN REGULAR JUNE 6, 2023 MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Letitia Clark, Mayor Pro Tern 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 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. When prompted use the below Meeting ID and Passcode: City Council June 6, 2023 Meeting Agenda Page 1 of 9 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 June 6, 2023 Meeting Agenda Page 2 of 9 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #3040 ROLL CALL — 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: (4 cases) A. Claim No. 23-09, Claim of Koleen Daphne Winsborough B. Claim No. 23-14, Claim of Socorro Mateus C.Claim No. 23-18, Claim of Mercury Insurance OBO Steven Fletcher D.Claim No. 23-19, Claim of Ali Rastavan 4. LABOR NEGOTIATIONS — [Government Code § 54957.6] Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Tustin Police Support Services Management Association (TPSSMA) Organization: Employee Tustin Police Support Service Association (TPSSA) Organization: 5. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] City Council June 6, 2023 Meeting Agenda Page 3 of 9 A. Title: City Manager REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER - #3040 INVOCATION - Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE - Council Member Gomez PRESENTATION - • In Memory of the Honorable Dr. Allan Bernstein 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 MAY 2, 2023, SPECIAL MEETING OF THE CITY COUNCIL HELD ON MAY 16, 2023, AND SPECIAL MEETING OF THE CITY COUNCIL HELD ON MAY 23, 2023. City Council June 6, 2023 Meeting Agenda Page 4 of 9 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on May 2, 2023, Special Meeting of the City Council held on May 16, 2023 and Special Meeting of the City Council held on May 23, 2023. 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 $1,907,038.20 and Demands in the amount of $6,293,383.67. 4. APPROVE AMENDMENT NO. 5 TO AN AGREEMENT FOR BUS SHELTER ADVERTISING AND MAINTENANCE WITH CLEAR CHANNEL OUTDOOR, INC. Clear Channel Outdoor maintains all bus shelters and concrete bus benches in the City pursuant to an Agreement that generates revenue for the City. Staff is requesting that the City Council approve the renewal of the Agreement for two (2) years with an option for two (2) additional two-year extensions. Recommendation: It is recommended that the City Council approve Amendment No. 5 to the Agreement with Clear Channel Outdoor, Inc. extending the contract for a period of two years with an option for two '(2) additional two-year extensions and authorize the Mayor and City Clerk to execute the contract documents. 5. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING MARCH 31, 2023 Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. 6. ADOPT RESOLUTION NO. 23-22 APPROVING PROJECT LIST TO BE SUBMITTED TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR SB1 FUNDING FOR FISCAL YEAR 2023/24 In order to be eligible to receive new funding under Senate Bill 1 (SB1), the City is required to submit a Project List to the California Transportation Commission (CTC) no later than July 1, 2023. Recommendation: Staff recommends the City Council: City Council June 6, 2023 Meeting Agenda Page 5 of 9 1. Adopt Resolution No. 23-22 identifying projects to be submitted to the California Transportation Commission for SB 1 funding; and 2. Direct staff to submit the Project List to the California Transportation Commission on behalf of the City. RESOLUTION NO. 23-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 7. ADOPT RESOLUTION NO. 23-28 FOR AUTHORIZATION TO ENTER A PURCHASE ORDER WITH THE COUNTY OF ORANGE CONTRACTORS FOR A JOINT PROJECT WITH COUNTY OF ORANGE FOR ROADWAY MAINTENANCE WITHIN SHARED BOUNDARY AREAS, AND APPROVE A SUPPLEMENTAL APPROPRIATION OF $125,000 FROM THE UNAPPROPRIATED RESERVES OF THE GAS TAX FUND (FUND 130) Staff is requesting authorization to enter into a purchase order agreement with the Orange County Public Works (OCPW) contractor, for Annual Maintenance of street rehabilitation located at the shared boundaries of the County of Orange and the City of Tustin. OCPW is taking the lead for the project and the joint work is aligned and coordinated with the annual maintenance plans for both jurisdictions. The jurisdictions will work together to provide a cohesive rehabilitation project for the residents within the shared boundary areas. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 23-28 authorizing the use of Ordinance No. 1438, Section 1625 exceptions to purchasing procedure, Part C to utilize the County of Orange Cooperative Purchasing Program to more efficiently acquire construction services for reimbursement of the City's proportionately shared work on the County of Orange Public Work's Annual Major Maintenance Project titled Northwest Tustin (South of 17'" Street) with Newport Avenue, Job Order Contract (JOC) 2022-23; 2. Approve a supplemental appropriation of $125,000 from the unappropriated reserves of the Gas Tax Fund (Fund 130) for the City's proportional share of work; and 3. Award and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City pursuant to JOC 2022-23, consistent with the County's JOC Master Agreement for Pavement Maintenance. RESOLUTION NO. 23-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE COUNTY OF ORANGE TO PURCHASE CERTAIN ITEMS City Council June 6, 2023 Meeting Agenda Page 6 of 9 8. AUTHORIZATION TO PURCHASE VARIABLE FREQUENCY DRIVE FOR PASADENA WELL Staff is requesting authorization of the purchase, installation and warranty for the replacement variable frequency drive (VFD) for Pasadena Well. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 23-31 authorizing the use of OMNIA Partners; Contract# EV2370 with Graybar Electric Company, Inc. for the purchase, installation and warranty for the VFD in the amount not to exceed $160,000; 2. Appropriate $60,000 from the Water Capital Fund (Fund 301) for this project; and 3. Authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. RESOLUTION NO. 23-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES TO PURCHASE CERTAIN ITEMS PUBLIC HEARING ITEMS 9-10 9. CODE AMENDMENT 2023-0003 (ORDINANCE NO. 1535) — DENSITY BONUS ORDINANCE AND ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS ORDINANCE UPDATES (INTRODUCTION AND FIRST READING) Code Amendment (CA) 2023-0003 is a City -initiated request to amend Chapter 1 (Incentives for the Development of Affordable Housing) of Article 9 (Land Use) to bring the Tustin City Code (TCC) into conformance with current State Density Bonus Law (Government Code Section 65915-65918). CA 2023-0003 also amends TCC Sections 9279 and 9297 relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with newly amended State Law, such as Assembly Bills (AB) 2221 and 897 and Senate Bill (SB) 887, and to ensure they are in compliance with the City's 2021-2029 Housing Element, as directed by AB 671 (2019). On April 25, 2023, the Planning Commission adopted Resolution 4469 (Attachment A), recommending that the City Council adopt Ordinance No. 1535, approving, CA 2023-0003. The Planning Commission Minutes from April 25, 2023, are provided as Attachment B for additional reference. City Council June 6, 2023 Meeting Agenda Page 7 of 9 Recommendation: That the City Council introduce and have a first reading, by title only, of Ordinance No. 1535, amending TCC Sections 9112 and 9121(a), adding TCC Section 9126 relating to incentives for the development of affordable housing, amending TCC Sections 9279 and 9297 relating to ADUs and JADUs, and set the second reading for the next regularly scheduled City Council meeting. ORDINANCE NO. 1535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE (TCC) SECTIONS 9112 AND 9121(a), AND ADDING TCC SECTION 9126 RELATING TO INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, AND AMENDING TCC SECTIONS 9279 AND 9297 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS (CODE AMENDMENT 2023-0003) 10. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2023-2024 The Tustin Landscape and Lighting District Engineer's Report was completed and approved by the City Council at their May 2, 2023 meeting. At that meeting, the City Council declared its intention to levy annual assessments and set a public hearing for June 6, 2023. In order to levy the annual assessments, the City Council is required to conduct a public hearing and, provided there is no majority protest, adopt Resolution No. 23-29 confirming the annual assessments for Fiscal Year 2023-2024. Recommendation: It is recommended that the City Council: 1. Conduct a public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2023-2024; and 2. Adopt Resolution No. 23-29 confirming the annual assessments for Fiscal Year 2023-2024. RESOLUTION NO. 23-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2023-2024 REGULAR BUSINESS ITEM 11 11. ADOPT RESOLUTION 23-26 APPROVING THE PREFERENTIAL PERMIT PARKING PROGRAM POLICIES AND PROCEDURES AND PERMIT PARKING DISTRICT 1 AND ESTABLISHING CITY-WIDE PREFERENTIAL PERMIT PARKING FEES City Council June 6, 2023 Meeting Agenda Page 8 of 9 The Public Works Department and Dixon Resources Unlimited (DIXON) have prepared the Tustin Preferential Permit Parking Program Policies and Procedures to function as a resource, providing clarification and guidelines for the Permit Program to ensure consistent, policy -driven implementation in Tustin's residential neighborhoods. Public Works staff and Dixon are also seeking approval of Parking District 1 to initiate the program. Parking District 1 is bounded by Sycamore Avenue to the north, School Lane to the east, the Santa Ana -Santa Fe Flood Control Channel to the south, and SR-55 Freeway to the west. Recommendation: That the City Council adopt Resolution 23-26 approving the Tustin Preferential Permit Parking Program Policies and Procedures and establishing city-wide preferential permit parking fees and authorize staff to implement. RESOLUTION NO. 23-26 A RESOLUTION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PREFERENTIAL PERMIT PARKING PROGRAM POLICIES AND PROCEDURES AND PERMIT PARKING DISTRICT 1 AND ESTABLISHING CITY-WIDE PREFERENTIAL PERMIT PARKING FEES OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURN IN MEMORY OF THE HONORABLE DR. ALLAN BERNSTEIN ADJOURNMENT - The next meeting is scheduled on Tuesday, June 20, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. City Council June 6, 2023 Meeting Agenda Page 9 of 9