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
SEPTEMBER 20, 2022
300 CENTENNIAL WAY, TUSTIN
Matthew S. West, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
SPECIAL MEETING OF THE TUSTIN HOUSING AUTHORITY - 5:30 P.M.
CLOSED SESSION MEETING
- 5:30 P.M.
CALL TO ORDER – #3026
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. LIABILITY CLAIMS – [Government Code § 54956.95]: (6 cases) A.
Claim of Damon Deep Singh Manak, Claim No. 21-34
B.
Claim of AAA a/s/o Laura Cervantes, Claim No. 22-34
C.
Claim of Garcia Nayelli, Claim No. 22-31
D.
Claim of Farmers Insurance a/s/o Gutierrez, Claim No. 22-29 E.
Claim of Nadia Gutierrez, Claim No. 22-30
F.
Claim of Carolyn Chaney, Claim No. 22-33
4. 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
5. THREAT TO PUBLIC SERVICES OR FACILITIES - [Government Code § 54957]: Consultation with Police Chief Greenberg REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M.
CALL TO ORDER – #3026
INVOCATION - Pastor Jorge Molina – Mariners Church
PLEDGE OF ALLEGIANCE – Council Member Gallagher
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 AUGUST 16, 2022 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 14, 2022 .
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on August 16, 2022 and the Special Meeting of the City Council held on September 14, 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 $1,047,608.02, $982,064.25, and $952,017.17 and Demands in the amount of $11,643,113.66.
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.
Local health officials continue to recommend measures to promote social distancing.
Agenda Report
5. AUTHORIZATION TO PURCHASE AND INSTALL A CUSTOM PLAYGROUND FOR PIONEER PARK PLAYGROUND RENOVATION PROJECT (CIP NO. 20092) Staff is requesting authorization to contract with Pacific Play Systems, Inc. for the purchase and installation of a custom playground at Pioneer Road Park (CIP No. 20092) utilizing the California Multiple Award Schedules (CMAS) through the State of California Department of General Services.
Recommendation:
That the City Council:1. Adopt Resolution No. 22-46 authorizing the use of State of California Department of General Services; CMAS Contract ID 4-19-78-0095A (Pacific Play Systems, Inc.) for the purchase and installation of new playground equipment at Pioneer Road Park;2. Authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City.
RESOLUTION NO. 22-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE USE OF THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES CONTRACT FOR THE PURCHASE AND INSTALLATION OF A NEW PLAYGROUND AT PIONEER ROAD PARK (CIP NO. 20092) Agenda Report
6. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED “HOW IS ORANGE COUNTY ADDRESSING HOMELESSNESS?” Response to the June 23, 2022 Orange County Grand Jury Report entitled “How is Orange County Addressing Homelessness?” Recommendation:
It is recommended that the City Council approve the attached response to the Orange County Grand Jury, authorize the Mayor to sign the cover letter on behalf of the City Council, and direct the City Clerk to submit the response.
Agenda Report
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1526
Adoption of Ordinance No. 1526 amends 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.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No. 1526. 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 Agenda Report
8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1525
Adoption of Ordinance No. 1525 amends 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).
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No. 1525. 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
9. 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 September 9.
2. Direct staff to submit recommended signature or veto request letters to Governor Newsom on AB 1595, AB 1985, AB 2011, AB 2097, AB 2449, AB 2496, AB 2647, SB 6 and SB 922.
3. Receive and file legislative updates prepared by TPA.
Agenda Report
10. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED “WHERE HAVE ALL THE CRVS GONE?” Response to the June 28, 2022 Orange County Grand Jury Report entitled “Where Have All the CRVs Gone?” Recommendation:
It is recommended that the City Council approve the attached response to the Orange County Grand Jury, authorize the Mayor to sign the letter on behalf of the City Council, and direct the City Clerk to submit the response.
Agenda Report
11. ADOPT RESOLUTION NO. 22-44 TO ACCEPT IMPROVEMENTS FOR THE RED HILL AVENUE MEDIAN IMPROVEMENTS PROJECT CIP NO. 70252 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Red Hill Avenue Median Improvements Project, (CIP No. 70252), 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. 22-44 accepting the construction of the Red Hill Avenue Median Improvements Project, (CIP No. 70252), and
2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office.
RESOLUTION NO. 22-44
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 RED HILL AVENUE MEDIAN IMPROVEMENTS PROJECT, CIP NO. 70252 Agenda Report
12. 2022 BIENNIAL CONFLICT OF INTEREST CODE REVIEW (DESIGNATED POSITIONS) Biennially the City is required to review the list of designated positions in the Conflict of Interest Code. City staff recommends the following changes to the list of designated filers as follow:
Additions:
Senior Code Enforcement Officer (Community Development) Plan Check Supervisor (Community Development)
IT Supervisor (Finance)
Senior Management Analyst (Finance)
Behavioral Health Bureau Commander (Police)
Assistant Director of Public Works (Public Works)
Deputy Director of Public Works - Operations (Public Works) Deletions:
Principal Plan Check Engineer (Community Development)
Management Analyst I and II (Economic Development)
Finance Manager (Finance)
Police Civilian Commander (Police)
Recommendation:
Adopt Resolution No. 22-45 modifying the Appendix (Designated Positions) contained in the City's Conflict of Interest Code.
RESOLUTION NO. 22-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND REPEALING RESOLUTION NO. 20-60.
Agenda Report
13. DECLARATION OF SURPLUS EQUIPMENT
The City has accumulated obsolete and/or damaged equipment that include but are not limited to desktop and laptop computers, monitors/TV’s, network switches, servers, and phone equipment that are no longer useable or required for public use.
Recommendation:
1. Declare the listed equipment surplus and not required for public use; and
2. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair.
Agenda Report
14. POLICE DEPARTMENT VEHICLE PURCHASE
Four marked Police Department patrol vehicles have been identified as needing to be replaced due to excessive mileage and/or age. There is also a need to purchase an additional administrative vehicle to replace an aging fleet asset.
Recommendation:
It is recommended the City Council authorize:
1. The purchase of four (4) 2023 Dodge Charger pursuit-rated vehicles from the National Auto Fleet Group in the City of Alhambra in the amount of $191,408.53 ($47,852.13 ea.) as replacements for four (4) of the aging, high-mileage vehicles scheduled for replacement.
2. The purchase of police equipment conversion packages for three (3) 2023 Dodge Charger pursuit-rated patrol vehicles and one (1) 2023 Dodge Charger pursuit-rated patrol vehicle K-9 equipment conversion package in the amount of $36,582.03 ($9,145.51 ea.).
3. The purchase of graphic designs from Digital Magic Signs for four (4) 2023 Dodge Charger pursuit-rated vehicles in the amount of $3,147.25 ($786.81 ea.).
4. The purchase of a Lakeman Chassis battery boxes for four (4) 2023 Dodge Charger pursuit-rated vehicle in the amount of $750.44. ($187.61 ea.).
5. The purchase of one (1) 2023 Chevrolet Tahoe administrative vehicle from the National Auto Fleet Group in the City of Alhambra in the amount of $49,818.35 to be assigned to the Professional Standards Division as a replacement to their currently assigned vehicle.
6. The Public Works Department to dispose of the retired surplus vehicles at the next available public auction and credit net proceeds to the applicable City Revenue Fund.
7. Staff to purchase comparable 2023 Dodge Charger pursuit-related vehicle(s) and/or a comparable 2023 Chevrolet Tahoe administrative vehicle from an authorized dealer(s) at an amount that is consistent with the above quoted pricing not to exceed a 10% increase in the event the exact quoted vehicles are unavailable.
Agenda Report
PUBLIC HEARING ITEM 15
15. CODE AMENDMENT 2022-0004 (ORDINANCE NO. 1528) – DENSITY BONUS UPDATE (INTRODUCTION AND FIRST READING) This Project 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). The State Density Bonus Law provides developers with tools to encourage the development of affordable housing by providing additional density above and beyond the Zoning and General Plan density. State Density Bonus Law also provides developers with incentives intended to help make the development of affordable housing economically feasible. Other tools include reduced parking requirements, and incentives/concessions and waivers of development standards such as reduced setbacks and minimum square footage requirements.
On August 9, 2022, the Planning Commission adopted Resolution 4455 (Attachment A), recommending that the City Council adopt Ordinance No. 1528, approving, CA 2022-0004. The Planning Commission Minutes from August 9, 2022, are provided as Attachment B for additional reference.
Recommendation:
That the City Council introduce and have a first reading, by title only, of Ordinance No.1528, amending 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), and set the second reading for the next regularly scheduled City Council meeting. ORDINANCE NO. 1528 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING AND RESTATING IN ITS ENTIRETY CHAPTER 1 OF ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE (CODE AMENDMENT 2022-0004) RELATING TO INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING Agenda Report
REGULAR BUSINESS ITEM 16
16. YEAR-END UPDATE FOR FISCAL YEAR 2021/22
This report provides the City Council with an update on Fiscal Year 2021/22 based on actual year-end revenues and expenditures. General Fund operating revenues are approximately $2.2 million higher than projected, whereas General Fund expenditures are approximately $1.3 million lower than projected. Consequently, General Fund Reserves are approximately $3.5 million higher than expected at $31.8 million as of June 30, 2022 (or 38% of General Fund operating expenditures), and exceed the City Council’s minimum reserve policy of 20%.
Recommendation:
It is recommended that the City Council receive and file this report and approve the interfund transfers set forth within this report, which provides for the reimbursement of eligible expenditures incurred in other funds.
Agenda Report
MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA
No agenda report has been prepared by staff Pursuant to Resolution No. 21-105, if any three (3) members of the Council approve a motion to agendize any of the following items for a future meeting, the City Manager will initiate preparation of an appropriate agenda report and evaluate the tentative dates for the requested item to be placed on the agenda for discussion and consideration by the City Council.
An aye vote will direct staff to prepare an agenda report for Council discussion and consideration at a future meeting date to be determined by the City Manager.
A nay vote will result in no further action taken and the item may not be requested by either of the requesting members of the Council again earlier than six months after the Council last considered the request.
17. PROPOSAL FROM ONE SEED TO BEGIN AND SUPPORT THE IMPLEMENTATION AND PROGRAMING OF A COMMUNITY GARDEN ON A CITY OWNED SPACE WITHIN OLD TOWN TUSTIN.
Submitted By Council Member Clark, Co-Signed By Mayor Lumbard.
Proposed Council Action: Direct staff to prepare an agenda report for Council discussion and consideration at a future meeting date to be determined by the City Manager.
Recommendation
: Pleasure of the City Council.
Agenda Report
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, October 4, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.