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
OCTOBER 4, 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 ITEM 8: HOUSING ELEMENT (MITCHELL TSAI)
PRESENTATION - ITEM 8
CLOSED SESSION MEETING
- 5:30 P.M.
CALL TO ORDER – #3027
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): (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 – #3027
INVOCATION - Pastor Dane Counts, Kings Way Foursquare Church PLEDGE OF ALLEGIANCE – Council Member Gomez
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.
PRESENTATION – Fire Prevention Week: October 9-15, 2022 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 - 7)
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 SEPTEMBER 20, 2022 AND THE SPECIAL MEETING OF THE TUSTIN HOUSING AUTHORITY HELD ON SEPTEMBER 20, 2022.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on September 20, 2022 and the Special Meeting of the Tustin Housing Authority held on September 20, 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 $918,314.95 and Demands in the amount of $1,737,705.09.
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. AWARD CONTRACT FOR THE BENETA WELL NO. 2 - PHASE II EQUIPPING PROJECT (CIP NO. 60151) Bids for the Beneta Well No. 2 - Phase II Equipping Project (CIP No. 60151) have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder, Arnaz Engineering Contractors, Inc. ("Arnaz").
Recommendation:
It is recommended that the City Council: 1. Deny the bid protest submitted by Environmental Construction, Inc. ("ECI") as to Arnaz; 2. Award a construction contract to the lowest responsive/responsible bidder, Arnaz, in the amount of $3,096,800.00 for the Beneta Well No. 2 - Phase II Equipping Project (CIP No. 60151) and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and 3. Authorize the remaining project budgeted appropriation in excess of ten percent (10%) above the contract amount as additional contingency.
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 first and second quarters of 2022. 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 first and second quarters 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. SECOND READING AND ADOPTION OF ORDINANCE NO. 1528 (CODE AMENDMENT 2022-0004 – DENSITY BONUS UPDATE) Adoption of Ordinance No. 1528 amends and restates 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.
As a follow up to Councilmember Gomez’s question requesting the definition of the Transitional Foster Youth. The draft Density Bonus Ordinance makes reference to the definition in Section 66025.9 of the Education Code, which defines the term as follows:
“Foster youth and former foster youth” means a person in California whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth’s 13th birthday and who is no older than 25 years of age at the commencement of the academic year.
Recommendation:
That the City Council: Have second reading by title only and adoption of Ordinance No. 1528. ORDINANCE NO. 1528 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, 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
PUBLIC HEARING ITEM 8
8. GENERAL PLAN AMENDMENT (GPA) 2022-0002, 2021-2029 (SIXTH CYCLE) HOUSING ELEMENT UPDATE On October 5, 2021, the City Council adopted Resolution No. 21-86, certifying the Negative Declaration for GPA 2021-0002 and Resolution No. 21-87, approving GPA 2021-0002, updating the City’s Housing Element of the General Plan. GPA 2022-0002 is an update to the adopted Housing Element (GPA 2021-0002) in response to the State Department of Housing and Community Development (HCD) review to comply with State Housing Element law. Per AB 215, updates have been posted for public review and can be accessed online at www.tustinca.org/HousingElement.
The Planning Commission, at its September 13, 2022 meeting, recommended approval of the Housing Element Update to the City Council for consideration during its October 4, 2022 meeting. City staff will subsequently transmit the revised adopted Housing Element to HCD by October 15, 2022.
Recommendation:
That the City Council Adopt Resolution No. 22-47, approving GPA 2022-0002, updating the Housing Element to comply with State Housing Element law. RESOLUTION NO. 22-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING GENERAL PLAN AMENDMENT 2022-0002, UPDATING THE TUSTIN HOUSING ELEMENT PURSUANT TO GOVERNMENT CODE SECTION 65588.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, October 18, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.