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
AUGUST 16, 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 - TOMI SCHUMACHER (ITEM #15)
PUBLIC INPUT - JENN MOODEY (ITEM #15)
PUBLIC INPUT - DONNA SUTTON (ITEM #15)
PUBLIC INPUT - JOHN GARAY (E-COMMENT)
PUBLIC INPUT - JOHN GARAY (E-COMMENT ITEM NO. 9)
PUBLIC INPUT - KARA DAVIS (ITEM #15)
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3025
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): (2 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
430-252-05
Agency
City of Tustin
City Negotiators
Matthew S. West, City Manager; Christopher Koster, Director of Economic Development; Jerry Craig, Deputy Director of Economic Development Negotiating Parties
OUTFRONT Media, Collin Smith, Vice President - National Real Estate Group Under Negotiation
Price and terms of payment
REGULAR MEETING OF THE CITY COUNCIL
- 7:00 P.M.
CALL TO ORDER – #3025
INVOCATION - Pastor Snider - Grace Harbor Church
PLEDGE OF ALLEGIANCE – Council Member Clark
PRESENTATION - Boys and Girls State Program
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 - 14)
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 JULY 19, 2022.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on July 19, 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 $1,110,913.49 and $1,036,901.73 and Demands in the amount of $8,448,583.01.
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. 1523
Adoption of Ordinance No. 1523 approves the 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.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No. 1523. 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
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1524
Adoption of Ordinance No. 1524 approves 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.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No. 1524. 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
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1527
Adoption of Ordinance No. 1527 approves Tustin Police Department General Order 708 – Military Use Equipment Policy, in compliance with AB 481.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No. 1527. 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
8. ADOPTION OF A RESOLUTION 22-41 TO ACCEPT IMPROVEMENTS FOR THE SIMON RANCH RESERVOIR, BOOSTER PUMP STATION AND PIPELINE REPLACEMENT PROJECT CIP NO. 60114 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Simon Ranch Reservoir, Booster Pump Station, and Pipeline Replacement Project, (CIP No. 60114), 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 22-41 accepting the construction of the Simon Ranch Reservoir, Booster Pump Station, and Pipeline Replacement Project, (CIP No. 60114), and
2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 22-41 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 SIMON RANCH RESERVOIR, BOOSTER PUMP STATION, AND PIPELINE REPLACEMENT PROJECT, CIP NO. 60114
AGENDA REPORT
9. APPROVE GRANTS OF EASEMENT TO COX COMMUNICATIONS CALIFORNIA, LLC. OVER PORTIONS OF LOTS B AND 12 OF TR 18197 SERVING NEIGHBORHOOD D SOUTH AT TUSTIN LEGACY Ongoing construction of the Brookfield Development in Neighborhood D South at Tustin Legacy plus future development possibilities necessitates the provision of easements for telecommunication to the site. Underground and above-ground facilities are to be subsequently provided.
Recommendation:
It is recommended that the City Council:
1. Authorize the Mayor to execute the grants of easement to Cox Communications California, LLC ("Cox") as shown on the attached easement documents for the purpose of installation and maintenance of the systems as outlined in the attached easement documents; and
2. Authorize the City Manager to approve any future modifications to the proposed grants of easement which may be necessary to meet the intent of providing said services to Tustin Legacy N-D South.
AGENDA REPORT
10. LEGISLATIVE UPDATE
Staff and the City’s consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity.
Recommendation:
1. Receive and file the updated legislative matrix as of August 5
2. Receive and file legislative updates prepared by TPA
AGENDA REPORT
11. SCHOOLSFIRST FEDERAL CREDIT UNION CERTIFICATE OF COMPLIANCE Request for authorization to execute the Certificate of Compliance (Certificate) for the SchoolsFirst Headquarters Project.
Recommendation:
Authorize the City Manager to execute the Certificate, subject to any non substantive modifications as may be deemed necessary and/or recommended by the City Attorney.
AGENDA REPORT
12. AUTHORIZE THE CITY MANAGER TO ACCEPT AN OFFER TO PURCHASE AND EXECUTE ALL NECESSARY DOCUMENTATION REQUIRED TO COMPLETE ESCROW FOR THE FINAL DISPOSITION OF REAL PROERTY AT 1810 OLD TUSTIN AVENUE, SANTA ANA (APN: 396-333-02) The City has received a letter of intent and proposed purchase agreement for real property at 1810 Old Tustin Avenue (APN: 396-333-02). Staff seeks City Council approval to authorize the City Manager to accept purchase offer and to complete the disposition of property by executing all necessary documentation to finalize and close escrow in a timely manner.
Recommendation:
It is recommended that the City Council:
1. Authorize the City Manager to accept and make any necessary, non-monetary changes to the proposed agreement to purchase the real property located at 1810 Old Tustin Avenue (APN 396-333-02), attached hereto as Attachment 2; and
2. Authorize the City Manager to execute all necessary documentation on behalf of the City to comply with, and 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. Subject to compliance with any applicable requirements of the Surplus Land Act, authorize the City Manager to execute all necessary documentation on behalf of the City to complete the sale of property.
AGENDA REPORT
13. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING JUNE 30, 2022 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.
AGENDA REPORT
14. PROJECT FUNDING FOR THE ASSEMBLY BILL 2766 (MOTOR VEHICLE REGISTRATION SUBVENTION) FUNDING PROGRAM The City Council authorizes the use of the City’s disbursement of Assembly Bill (AB) 2766 funds to offset costs for State mandated vehicle emission reduction programs implemented by the City of Tustin. This year, the City Council is being requested to allocate the projected AB 2766 disbursements for Fiscal Year (FY) 2022-23 and FY 2023-24 to fund the Red Hill Avenue Pedestrian Enhanced Crosswalk Project.
Recommendation:
That the City Council authorize the use of the City’s projected AB 2766 disbursements for FY 2022-23 and FY 2023-24 to fund the Red Hill Avenue Pedestrian Enhanced Crosswalk Project by minute order.
AGENDA REPORT
PUBLIC HEARING ITEMS 15-16
15. CODE AMENDMENT 2022-0003 (ORDINANCE NO. 1526) - OUTDOOR DINING AND SEATING AND EXTENSION OF TEMPORARY OUTDOOR DINING, RETAIL, AND ASSEMBLY USES PROGRAM AND APPLICATION FEE WAIVER This Project is a City-initiated request to amend Tustin City Code (TCC) Article 9 (Land Use). The proposed Code Amendment (CA) 2022-0003 is an update to TCC Section 9277, the City's outdoor dining regulations. The intent of this amendment is to increase restaurants' ability to provide outdoor dining and seating areas while maintaining an attractive design and protecting the public interest. The subject amendment is a response to changes in resident, business owner, and patron preferences since the onset of the COVID-19 pandemic. In addition, Resolution No. 22-42 provides an extension to the City's Temporary Outdoor Dining, Retail, and Assembly Uses Program (Program) and waiver of the associated application fees to December 31, 2022, in order to allow businesses time to comply with the proposed CA 2022-0003.
On July 12, 2022, the Planning Commission adopted Resolution No. 4454, recommending that the City Council adopt Ordinance No. 1526, approving CA 2022-0003. The Planning Commission Minutes are provided as Attachment B for reference.
Recommendation:
That the City Council:
1. Introduce and have a first reading, by title only, of Ordinance No. 1526, amending Section 9277 of Chapter 2 of Article 9 (Land Use) relating to outdoor dining to provide increased flexibility for restaurants to establish and offer outdoor dining and seating areas to customers, and
2. Adopt Resolution No. 22-42 to extend the Temporary Outdoor Dining, Retail, and Assembly Uses Program to December 31, 2022. ORDINANCE NO. 1526 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 9277 OF CHAPTER 2 OF ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE (CODE AMENDMENT 2022-0003) TO STREAMLINE THE PROCESS AND REQUIREMENTS FOR RESTAURANTS TO ESTABLISH OUTDOOR DINING AREAS AND OUTDOOR SEATING AREAS RESOLUTION NO. 22-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE TEMPORARY OUTDOOR DINING, RETAIL, AND ASSEMBLY USES PROGRAM AND THE WAIVER OF THE CITY'S FEE FOR A TEMPORARY USE PERMIT APPLICATION FOR OUTDOOR DINING/OUTDOOR RETAIL SALES/OUTDOOR ASSEMBLY USES PERMIT
AGENDA REPORT
16. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT (SPA) 2022-0001 (ORDINANCE NO. 1525) The project is a request to amend the Downtown Commercial Core Specific Plan (DCCSP) to include live/work units as an allowable residential use within Development Area 6C (DA-6C subarea) of the DCCSP (SP-12). On July 12, 2022, the Planning Commission adopted Resolution No. 4453 (Attachment C) recommending that the City Council approve SPA 2022-0001 and adopt Ordinance No. 1525.
Recommendation:
That the City Council introduce and have a first reading by title only, of Ordinance 1525 for Specific Plan Amendment (SPA) 2022-0001 to amend the Downtown Commercial Core Specific Plan (DCCSP/SP-12) to list live/work units as an allowable residential use in DA-6C subarea, generally bordered on the northeast by El Camino Real, on the northwest by Newport Avenue, and on the south by Interstate 5 (I-5) and set the second reading of the ordinance at the next regularly scheduled City Council meeting. ORDINANCE NO. 1525 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2022-0001 TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP-12) TO LIST “LIVE/WORK UNITS” AS AN ALLOWABLE RESIDENTIAL USE IN DEVELOPMENT AREA 6C (DA-6C)
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, September 6, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
PRESENTATION - ITEM #15