Agenda Items

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6. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING SEPTEMBER 30, 2021 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.

7. 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.

8. EXTENSION OF TEMPORARY OUTDOOR DINING, RETAIL AND ASSEMBLY USES PROGRAM AND APPLICATION FEE WAIVER Consideration to grant an extension to the City's Temporary Outdoor Dining, Retail, and Assembly Uses Program, and the waiver of the associated application fees, to September 30, 2022.

9. AWARD CONTRACT FOR THE BENETA WELL NO. 2 - PHASE 1 DRILLING PROJECT (CIP NO. 60151) Staff is requesting the City Council award the construction contract to the lowest responsive/responsible bidder, South West Pump & Drilling, Inc., for the Beneta Well No. 2 - Phase 1 Drilling Project (CIP No. 60151), and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City.

10. RESOLUTION SUPPORTING FEDERAL PFAS LEGISLATION THAT PROTECTS RATEPAYERS AND WATER/WASTEWATER AGENCIES The City of Tustin Water Services relys on the Orange County Groundwater Basin (Basin) to provide over 80% of the City's water supply. The Orange County Water District (OCWD) manages the Orange County Groundwater Basin that supplies water supply to 2.5 million people in north and central Orange County. Per-and polyfluoroalkyl (PFAS) substances have been detected in the Basin, entering primarily via the Santa Ana River whose flows infiltrate into and recharge the Basin. Although chemical manufacturers are the original source of PFAS chemicals, cities and water agencies must find ways to remove them from local water supplies. PFAS impacts to Orange County are estimated to cost more than $1 billion, over 30 years-a cost that will likely increase. City Staff and OCWD recommend supporting federal legislation that protects ratepayers and water/wastewater agencies from these devasting impacts and urges Congress to cast votes that support these public policy positions.

11. SUMMARY OF PROJECTS – COMMUNITY DEVELOPMENT & PUBLIC WORKS DEPARTMENT The following report provides a summary of projects and activities from the Community Development and Public Works Departments to the Tustin City Council. The report focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest.

12. BEHAVIORAL HEALTH RESPONSE UNIT The Tustin Police Department has proven to be on the leading edge of community policing. Professionalism, wellness, compassion, and excellence in public safety are some of the department's highest goals. Recent calls across the nation for reimagined public safety require a non-traditional policing method with a co-responder model to address community challenges involving potential "non-violent and/or non-criminal" issues, including: homelessness, substance use/abuse, mental health, and family issues. To address these challenges and provide increased community service, executive police command staff recommends the implementation of a two-year pilot program of the Tustin Police Department Behavioral Health Response Unit (BHRU) to include the creation of a Behavioral Health Bureau Commander position.

13. CITY SUPPORT FOR THE MAP(S) THAT KEEP TUSTIN INTACT WITHIN A STATE OF CALIFORNIA CONGRESSIONAL, SENATE, ASSEMBLY, BOARD OF EQUALIZATION AND COUNTY OF ORANGE SUPERVISORIAL DISTRICT Consideration to advocate that the City of Tustin not be split and that the City would support the map(s) that keep the City wholly within one State of California Congressional, Senate, Assembly, Board of Equalization and County of Orange Supervisorial District. The current draft of State level maps keep Tustin wholly intact. Currently, the County is considering eight (8) draft maps. Several of the draft maps being considered split the City into two (2) or more Supervisorial Districts. One map splits the City into three (3) Supervisorial Districts. Two (2) maps keep the City whole.

PUBLIC HEARING ITEM 14

14. CODE AMENDMENT 2021-0001 (ORDINANCE NO. 1517) – ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS (ADUs and JADUs) The proposed Zoning Code Amendment to Chapter 2 of Article 9 of the Tustin City Code (TCC), revises the City’s regulations pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling units (JADUs) in compliance with 2019 Senate Bill (SB) 13 and Assembly Bills (AB) 68, and 881 (collectively “ADU State Law”). ADU State Law restricts local control over ADUs and JADUs. The proposed amendments would update regulations permitting the development of ADUs and JADUs in conjunction with any residential development in all zones that allow single-family and multiple-family dwellings. On October 26, 2021, the Planning Commission adopted Resolution No. 4441, recommending that the City Council adopt Ordinance No. 1517, approving Code Amendment 2021-0001.

REGULAR BUSINESS ITEMS 15-18

15. TUSTIN CITY CODE UPDATE - SOLID WASTE CHAPTER Senate Bill 1383 (SB 1383) was signed into law on September 19, 2016 and established methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California's economy. As it pertains to solid waste, SB 1383 seeks to reduce the amount of organic waste in landfills as methane is a byproduct of the decomposition of organic material. SB 1383 places a variety of mandates on local jurisdictions including the provision of organics and recycling collection programs to all properties within Tustin and updating the Tustin City Code to require that each property subscribe to and fully participate in these programs. Staff took this opportunity to review and update the entire Solid Waste Chapter of the Tustin City Code.

16. PROPOSED ORDINANCE NO. 1516 REVISING THE WATER MANAGEMENT PLAN On March 21, 2017, the City Council adopted Ordinance 1477 amending the Water Management Plan, Article 4, Chapter 10 of the Tustin, Code of Ordinances. In 2018, the California Legislature amended the Urban Water Management Planning Act that, among other things, mandated the adoption of a Water Shortage Contingency Plan (WSCP) with prescribed elements as part of the Urban Water Management Plan (UWMP). On June 1, 2021, the City Council adopted both the 2020 UWMP and WSCP. As a result, staff has prepared Ordinance No. 1516 updating the Water Management Plan to incorporate changes outlined in the 2020 WSCP.

17. SUPPLEMENTAL APPROPRIATION FROM FUND 189 FOR INITIAL CLEAN-UP AND ONGOING MAINTENANCE ON REUSE PARCEL 18 AT FORMER MCAS TUSTIN FOR FY 21/22 Request for a supplemental appropriation of $330,000 from Fund 189 (Land Sale Proceeds) for a Phase 1 initial cleanup and ongoing maintenance activities on Reuse Parcel 18 at former Marine Corps Air Station (MCAS) Tustin.

18. AMENDMENT TO POLICY REGARDING COUNCILMEMBER REQUESTS TO ADD ITEMS TO CITY COUNCIL AGENDAS Consider revising the City Council's policy regarding procedures for Council members to request to add items to City Council agendas.