CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Councilmember
Ryan Gallagher, Councilmember
Rebecca Gomez, Councilmember
Austin Lumbard, Mayor
JUNE 7, 2022
300 CENTENNIAL WAY, TUSTIN
Matthew S. West, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT - JOHN GARAY
PUBLIC INPUT INSTRUCTIONS
CLOSED SESSION CANCELLATION NOTICE
PRESENTATION - CITY OF TUSTIN BRAND AND LOGO
PRESENTATION - ITEM #15
PRESENTATION - ITEM #17
CALL TO ORDER – #3022
ATTENDANCE - Acting 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): (3 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 of Dan Darwish, Claim No. 22-11
B.
Claim of Nicholas Britton, Claim No. 22-19
C.
Claim of Abtin Kasravi, Claim No. 22-22
D.
Claim of Catherine Davis, Claim No. 22-16
REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M.
CALL TO ORDER – #3022
INVOCATION - Pastor Fred Snider – Grace Harbor Church
PLEDGE OF ALLEGIANCE – Council Member Gomez
PRESENTATION - Brand Launch
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 - 15)
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 17, 2022.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on May 17, 2022.
AGENDA REPORT
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 $924,996.59 and Demands in the amount of $3,305,221.08.
AGENDA REPORT
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. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.
AGENDA REPORT
5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1521
Adoption of Ordinance No. 1521 approves the new City logo and amends the City Code regarding the City Seal and City Logo.
Recommendation:
That the City Council: Have second reading by title only and adoption of Ordinance No. 1521.
ORDINANCE NO. 1521
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPLACING AND SUPERCEDING PART 4 OF CHAPTER 2 OF ARTICLE 1 OF THE TUSTIN CITY CODE REGARDING THE CITY SEAL AND LOGO
AGENDA REPORT
6. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the fourth quarter of 2021. The average noise level measured at Tustin’s monitoring station (NMS 10N), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior quarters. Average daily noise levels during the third quarter continued to remain well below the City, County, and State criteria of 65 decibels (dB) Community Noise Equivalent Level (CNEL) for residential uses. Residential noise sensitive areas exposed to an average Community Noise Equivalent Level (CNEL) of more than 65 dB define the "Noise Impact Area.” Recommendation:
That the City Council receive and file this report.
AGENDA REPORT
7. PROPERTY TAX EXCHANGE BETWEEN THE CITY OF TUSTIN AND THE COUNTY OF ORANGE – DETACHMENT OF PROPERTY LOCATED AT 2242 FOOTHILL BOULEVARD, TUSTIN A request for detachment of a 0.18-acre territory (the Territory) located adjacent to 2242 Foothill Boulevard, Tustin, CA 92705, from the City of Tustin to the County of Orange. The majority of the property is located within unincorporated “North Tustin”, and the territory proposed for detachment is located within the City’s jurisidication boundary. The purpose of the request is to place the entire property under a single jurisdiction for future development of the property as a single-family residence.
Recommendation:
Adopt Resolution No. 22-28 approving the property tax exchange for the detachment of 0.18-acre property from the City of Tustin to the County of Orange, located adjacent to 2242 Foothill Boulevard and owned by Leason Pomeroy. RESOLUTION NO. 22-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PROPERTY TAX EXCHANGE BETWEEN THE CITY OF TUSTIN AND THE COUNTY OF ORANGE REGARDING THE DETACHMENT OF PROPERTY LOCATED ADJACENT TO 2242 FOOTHILL BOULEVARD, TUSTIN.
AGENDA REPORT
8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE BENETA WELL NO. 2 - PHASE II EQUIPPING PROJECT, CIP NO. 60151 The plans and specifications for the Beneta Well No. 2 - Phase II Equipping Project, CIP No. 60151, have been prepared and the project is now ready for bid.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 22-30 approving the plans and specifications for the Beneta Well No. 2 - Phase II Equipping Project, CIP No. 60151; and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 22-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE BENETA WELL NO. 2 - PHASE II EQUIPPING PROJECT, CIP NO. 60151, AND AUTHORIZING ADVERTISEMENT FOR BIDS
AGENDA REPORT
9. ADOPT RESOLUTION NO. 22-31 APPROVING PROJECT LIST TO BE SUBMITTED TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR SB1 FUNDING FOR FISCAL YEAR 2022/23 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, 2022.
Recommendation:
Staff recommends the City Council:
1. Adopt Resolution No. 22-31 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. 22-31
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
AGENDA REPORT
10. CITYWIDE RECORDS RETENTION SCHEDULE AMENDMENT
Staff is proposing the adoption of a revised Records Retention Schedule.
Recommendation:
Adopt Resolution No. 22-23, amending the City's Records Retention Schedule.
RESOLUTION NO. 22-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AN AMENDED RECORDS RETENTION SCHEDULE, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS, AND RESCINDING PREVIOUS RESOLUTION NO. 21-55
AGENDA REPORT
11. ADOPT RESOLUTION NO. 22-27 TO ACCEPT IMPROVEMENTS FOR THE HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) IMPROVEMENTS PROJECT CIP No. 10032 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Heating, Ventilation, and Air Conditioning (HVAC) Improvements Project, (CIP No. 10032), 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. 22-27 accepting the construction of Heating, Ventilation and Air Conditioning (HVAC) Improvements Project (CIP No. 10032), and
2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office.
RESOLUTION NO. 22-27
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 HEATING, VENTILATION AND AIR CONDITIONING IMPROVEMENTS PROJECT, CIP NO. 10032
AGENDA REPORT
12. SECOND READING AND ADOPTION OF ORDINANCE NO. 1522
Adoption of Ordinance No. 1522 amends the Tustin City Code establishing regulations prohibiting the unlawful possession of catalytic converters in the City.
Recommendation:
That the City Council: Have second reading by title only and adoption of Ordinance No. 1522.
ORDINANCE NO. 1522
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 6360 TO PART 6 OF CHAPTER 3 OF ARTICLE 6 OF THE TUSTIN CITY CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.
AGENDA REPORT
13. APPROVE A NEGOTIATED CHANGE ORDER AND AUTHORIZE THE REMAINING PROJECT BUDGETED APPROPRIATION AS ADDITIONAL CONTINGENCY FOR THE NEWPORT AVENUE PAVEMENT REHABILITATION PROJECT BETWEEN I-5 AND HOLT AVENUE (CIP NO. 70244) AND SYCAMORE AVENUE AND I-5 (CIP NO. 70245) Staff is requesting the City Council approve a negotiated contract change order in the amount of $152,158 and authorize the remaining budgeted appropriation in excess of ten percent (10%) of the contract amount as additional contingency for the Newport Avenue Pavement Rehabilitation Project between I-5 and Holt Avenue (CIP No. 70244) and Sycamore Avenue and I-5 (CIP No. 70245).
Recommendation:
It is recommended that the City Council:
1. Approve a negotiated contract change order in the amount of $152,158 with R.J Noble Company; and
2. Authorize the remaining project budgeted appropriation in excess of ten percent (10%) above the contract amount as additional contingency.
AGENDA REPORT
14. PARKS AND RECREATION DEPARTMENT ANNUAL REPORT 2021
The Parks and Recreation Department’s Annual Report summarizes the Department’s activities throughout 2021 including special events, youth, teen, adult, and senior programs, contract classes, parks/facilities, capital projects, and human services.
Recommendation:
It is recommended that the City Council receive and file the report.
AGENDA REPORT
15. RESOLUTION DECLARING LEVEL 2 WATER SUPPLY SHORTAGE
On March 28, 2022, Governor Gavin Newsom issued Executive Order N-7-22 proclaiming a state of emergency due to ongoing and expanding drought condition and directed the State Water Resources Control Board (Water Board) to develop an emergency regulation to require all urban water suppliers implement Level 2 of their Water Shortage Contingency Plans (WSCP).
Recommendation:
It is recommended that the City Council adopt Resolution No. 22-29 declaring a Level 2 water supply shortage and enact Level 2 of the City Water Shortage Contingency Plan. RESOLUTION NO. 22-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING A LEVEL 2 WATER SUPPLY SHORTAGE
AGENDA REPORT
PUBLIC HEARING ITEM 16
16. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023 The Tustin Landscape and Lighting District Engineer's Report was completed and approved by the City Council at their May 3, 2022 meeting. At that meeting, the City Council declared its intention to levy annual assessments and set a public hearing for June 7, 2022. 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. 22-25 confirming the annual assessments for Fiscal Year 2022-2023.
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 2022-2023; and
2. Adopt Resolution No. 22-25 confirming the annual assessments for Fiscal Year 2022-2023.
RESOLUTION NO. 22-25
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 2022-2023
AGENDA REPORT
REGULAR BUSINESS ITEM 17
17. FISCAL YEAR 2022/23 BUDGET WORKSHOP
This report provides the City Council with the Proposed Annual Operating Budget and Capital Improvement Program for Fiscal Year 2022/23, which allocates resources that reflect the City Council’s priorities set forth in the City’s five-year strategic plan.
Recommendation:
Staff recommends that the City Council conduct a Budget Workshop on the Proposed Annual Operating Budget and Capital Improvement Program for Fiscal Year 2022/23, which will be brought forward to the City Council for consideration of adoption on June 21, 2022.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, June 21, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.