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
JULY 19, 2022
300 CENTENNIAL WAY, TUSTIN
Matthew S. West, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
PRINTABLE AGENDA
PUBLIC INPUT INSTRUCTIONS
PUBLIC INPUT - NEIL SHERMAN (ITEM #11)
ITEMS DISTRIBUTED AFTER AGENDA DISTRIBUTION (ITEM 8)
ITEMS DISTRIBUTED AFTER AGENDA DISTRIBUTION (ITEM NO. 10) PRESENTATION - ITEM 11
PRESENTATION - ITEM 12
PRESENTATION - ITEM 13
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3024
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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A.
Property Address/Description
1810 N. Tustin Ave. Santa Ana; APN 396-333-02
Agency
City of Tustin
City Negotiators
Matthew S. West, City Manager; Douglas S. Stack, Director of Public Works; and Michael Grisso, Assistant Director of Public Works Negotiating Parties
Hull Triangle, LLC.
Under Negotiation
Price and terms of payment
4. LIABILITY CLAIMS – [Government Code § 54956.95]: (2 cases) A.
Claim of Kathryn Hansen, Claim No. 21-22
B.
Claim of Gina Onweiler, Claim No. 22-23
REGULAR MEETING OF THE CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY - 7:00 P.M.
CALL TO ORDER #3024
INVOCATION - Pastor Dane Counts – Kings Way Foursquare Church PLEDGE OF ALLEGIANCE – Mayor Pro Tem Cooper
PRESENTATION - Parks Make Life Better Month
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 - 10)
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 JUNE 21, 2022.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on June 21, 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 $984,180.88 and $937,114.79 and Demands in the amount of $6,266,623.49.
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. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE TUSTIN FAMILY AND YOUTH CENTER COURTYARD IMPROVEMENTS (CIP NO. 10085) The Tustin Family and Youth Center Courtyard Improvements have been completed and the project is ready for acceptance and filing of the Notice of Completion.
Recommendation:
It is recommended that the City Council: 1. Adopt Resolution No. 22-39 accepting the Tustin Family and Youth Center Courtyard Improvements (CIP No. 10085), and
2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office. RESOLUTION NO. 22-39 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 TUSTIN FAMILY AND YOUTH CENTER COURTYARD IMPROVEMENTS (CIP NO. 10085)
AGENDA REPORT
6. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE LAUREL GLEN AND CAMINO REAL PARK SHADE STRUCTURES PROJECT (CIP NO. 20088) The Laurel Glen and Camino Real Park Shade Structures have been completed and the project is ready for acceptance and filing of the Notice of Completion.
Recommendation:
It is recommended that the City Council: 1. Adopt Resolution No. 22-38 accepting the Laurel Glen and Camino Real Park Shade Structures (CIP No. 20088), and
2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office. RESOLUTION NO. 22-38 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 LAUREL GLEN AND CAMINO REAL PARK SHADE STRUCTURES (CIP NO. 20088)
AGENDA REPORT
7. LEGISLATIVE UPDATE
Staff and the City’s consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity.
Recommendation:
1. Take a SUPPORT position on AB 2647 (Levine) Local government: open meetings
2. Take an OPPOSE UNLESS AMENDED position on SB 6 (Caballero) Local planning: housing: commercial zones
3. Take an OPPOSE UNLESS AMENDED position on SB 361 (Umberg) Surplus land: Orange County
4. Receive and file the updated legislative matrix as of July 8
5. Receive and file legislative updates prepared by TPA
AGENDA REPORT
8. ADOPTION OF A RESOLUTION AMENDING AND RESTATING THE CITY OF TUSTIN DEFERRED COMPENSATION MATCHING PLAN The adoption of a resolution amending and restating the City of Tustin Deferred Compensation Matching Plan is required to bring the plan into compliance with the legislative and regulatory changes set forth in IRS Notice 2017-37.
Recommendation:
Adopt Resolution No. 22-40, amending and restating the City of Tustin Deferred Compensation Matching Plan to bring the plan into compliance with the legislative and regulatory changes set forth in IRS 2017-37. RESOLUTION NO. 22-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING AND RESTATING THE CITY’S DEFERRED COMPENSATION MATCHING PLAN
AGENDA REPORT
9. DESIGNATION OF VOTING DELEGATES AND ALTERNATES – LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SCHEDULED FOR SEPTEMBER 7-9, 2022 (LONG BEACH) In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity.
Recommendation:
It is recommended that the City Council designate Council Member Gomez as the voting delegate and Council Member Gallagher as an alternate voting delegate for the Annual Business Meeting.
AGENDA REPORT
10. AUTHORIZE THE CITY MANAGER TO ACCEPT AN OFFER TO PURCHASE AT FAIR MARKET VALUE AND EXECUTE ALL NECESSARY DOCUMENTATION REQUIRED TO COMPLETE ESCROW FOR THE FINAL DISPOSITION OF EACH REAL PROPERTY AT 2061 VALHALLA DRIVE AND 11781 OUTLOOK LANE ACQUIRED FOR THE SIMON RANCH RESERVOIR, BOOSTER PUMP STATION, AND PIPELINE REPLACEMENT PROJECT (CIP NO. 60114) At the direction of the City Council, staff successfully negotiated acquisition agreements for the residential properties located at 2061 Valhalla Drive and 11781 Outlook Lane (the "Properties"), adjacent to the Simon Ranch Reservoir. The acquisition of the properties facilitated construction of the Simon Ranch Reservoir and Booster Pump Station Replacement Project (CIP No. 60114) which is now substantially complete and in service. Staff seeks City Council approval to authorize the City Manager to accept one or more purchase offers and to complete disposition of the Properties from the City, or either of them, at no less than fair market value, and to execute all necessary documentation to finalize and close escrow(s) in a timely manner for each real property, respectively.
Recommendation:
It is recommended that the City Council: 1. Authorize the City Manager to accept one or more offers to purchase at no less than fair market value the real properties located at 2061 Valhalla Drive (APN 104-611-30) and 11781 Outlook Lane (APN 104-611-33), respectively; and
2. Authorize the City Manager to execute all necessary documentation on behalf of the City to submit the appropriate documentation to the California Department of Housing and Community Development pursuant to the Surplus Land Act and Final Surplus Land Act Guidelines; and
3. Authorize the City Manager to execute all necessary documentation on behalf of the City to complete the sale of each property.
AGENDA REPORT
PUBLIC HEARING ITEMS 11-14
11. CODE AMENDMENT 2022-0001 (ORDINANCE NO. 1523) – (SENATE BILL 9 – TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS) This project is a City-initiated Zoning Code Amendment to Chapter 2 (Zoning) and Chapter 3 (Subdivisions) of Article 9 (Land Use) of the Tustin City Code (TCC) to regulate qualifying Senate Bill 9 (SB 9) two-unit residential developments and urban lot splits within single-family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7. On September 16, 2021, the Governor signed into law SB 9 (Atkins), which adds Section 65852.21 to the Government Code to require a ministerial review process for eligible development of up to two (2) principal dwelling units on a parcel in a single family residential zone. The bill also adds Section 66411.7 to require a ministerial review process for eligible “urban lot splits”, to create two (2) new parcels for residential uses in a single-family residential zone.
On May 24, 2022, the Planning Commission adopted Resolution 4451, recommending that the City Council adopt Ordinance 1523, approving Code Amendment 2022-0001.
Recommendation:
That the City Council introduce and have first reading of Ordinance No. 1523, approving Code Amendment (CA) 2022-0001 by amending Tustin Code (TCC) Chapter 2 (Zoning) and Chapter 3 (Subdivisions) of Article 9 (Land Use) relating to qualifying SB 9 two-unit residential developments and urban lot splits within single-family residential zones and set second reading at the next City Council regular meeting. ORDINANCE NO. 1523 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE CHAPTER 2 (ZONING) AND CHAPTER 3 (SUBDIVISIONS) OF ARTICLE 9 (LAND USE) TO APPROPRIATELY REGULATE QUALIFYING SB 9 TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS WITHIN SINGLE-FAMILY RESIDENTIAL ZONES IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 65852.21 AND 66411.7
AGENDA REPORT
12. CODE AMENDMENT 2022-0002 (ORDINANCE NO. 1524) – (CODE STREAMLINING AND IMPROVEMENT PROGRAM) (INTRODUCTION AND FIRST READING) This Project is a City-initiated request to amend Tustin City Code (TCC) Article 3 (Business Regulations), Article 5 (Public Safety) and Article 9 (Land Use). The City’s Strategic Plan identifies development streamlining as one of its goals. The proposed Code Amendment (CA) 2022-0002 is part of the Community Development Department’s new Code Streamlining and Improvement Program. The goal of the Code Streamlining and Improvement Program is to evaluate the City’s land use code and propose amendments to sections that lack clarity, outdated, or do not respond to current market trends. The proposed CA also streamlines the entitlement process in order to increase effectiveness and efficiency. The Community Development Department will continue to evaluate land use related codes and practices on a regular basis and will introduce amendments when appropriate in the future.
On May 24, 2022, the Planning Commission adopted Resolution 4452 (Attachment A), recommending that the City Council adopt Ordinance No. 1524, approving, CA 2022-0002. The Planning Commission Minutes are provided as Attachment B for reference.
Recommendation:
That the City Council introduce and have a first reading of Ordinance No. 1524, amending Part 3 of Chapter 6 of Article 3 (Business Regulation), Section 5502 of Chapter 5 of Article 5 (Public Safety) and various sections of Article 9 (Land Use) of the TCC relating to the Code Streamlining and Improvement Program to provide clarity, consistency of terms and definitions, and compliance with State law. ORDINANCE NO. 1524 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 3 OF CHAPTER 6 OF ARTICLE 3 (BUSINESS REGULATIONS), SECTION 5502 OF CHAPTER 5 OF ARTICLE 5 (PUBLIC SAFETY) AND VARIOUS SECTIONS OF ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE (CODE AMENDMENT 2022-0002) RELATING TO THE CODE STREAMLINING AND IMPROVEMENT PROGRAM TO PROVIDE CLARITY, CONSISTENCY OF TERMS AND DEFINITIONS, AND COMPLIANCE WITH STATE LAW.
AGENDA REPORT
13. 2022 PUBLIC HEALTH GOAL REPORT
The California Health and Safety Code requires public water systems serving more than 10,000 service connections to prepare a Public Health Goal (PHG) report every three years and conduct a public hearing to provide information to consumers on levels of contaminants in the City's drinking water. For the 2019-2021 reporting period, the City's drinking water quality compiled with all California Division of Drinking Water (DOW) and United States Environmental Protection Agency (USEPA) drinking water standards. Although PHGs are recommended targets and not enforceable standards, the City's water system exceeded the PHGs for arsenic, bromate, gross alpha and beta particle activity, perchlorate, and uranium. It is important to note, all water samples that reported above the PHGs, also reported below the state and federal maximum contaminant levels (MCL), and the City's water system remains in full compliance with all state and federal water quality standards.
Recommendation:
It is recommended that the City Council: 1. Conduct a public hearing to receive comments and input related to the 2022 Public Health Goal Report.
2. At the conclusion of the public hearing, approve the 2022 Public Health Goal Report.
AGENDA REPORT
14. INTRODUCTION AND APPROVAL OF ORDINANCE NO. 1527 APPROVING TUSTIN POLICE DEPARTMENT GENERAL ORDER 708 - MILITARY EQUIPMENT USE POLICY Assembly Bill (AB) 481 requires the Tustin Police Department (“Department”) to seek City Council approval by ordinance for the funding, acquisition, and use of equipment defined by the law as “military equipment.” This report outlines staff’s work in complying with the new law and recommends the introduction of an ordinance approving the Department’s continued utilization of this equipment and a policy authorizing the Department to continue purchasing and using the equipment outlined in Tustin Police Department General Order 708 – Military Equipment Use Policy.
Recommendation:
Introduce Ordinance No. 1527 (Attachment 2) approving Tustin Police Department General Order 708 – Military Use Equipment Policy, in compliance with AB 481 by reading of the title only and waive further reading. ORDINANCE NO. 1527 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE DEPARTMENT POLICY 708, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL 481 (AB 481)
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURN IN MEMORY OF FORMER TUSTIN HUMAN RESOURCE DIRECTOR KRISTI RECCHIA
ADJOURNMENT
- The next meeting is scheduled on Tuesday, August 2, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.