Tustin — 2023-03-07

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (1 case)

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nInitiation of litigation pursuant to Government Code § 54956.9(d)(4): (1\ncase)

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2) and (e)(5): (1 case)

4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\npursuant to Government Code § 54956.9(a): (1 case)\nA. Orange County Superior Court Case No. 30-2019-01105734,\nAmbrose v. City of Tustin\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1683 1/6\n3/2/23, 2:48 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm

5. LIABILITY CLAIMS – [Government Code § 54956.95]: (2 cases)\nA. Claim No. 22-49, Claim of Sunil and Varsha Daryanani\nB. Claim No. 23-01, Claim of Kathy Furen

6. LABOR NEGOTIATIONS - [Government Code § 54957.6] Agency\nNegotiators: Derick Yasuda, Director of Human Resources and Peter\nBrown, Liebert Cassidy Whitmore Employee Organization: Tustin Police\nSupport Service Association (TPSSA)

10. APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY\nCONDITIONAL USE PERMIT 2022-0009 Conditional Use Permit (CUP)\n2022-009 is a request to allow the operation of an outpatient treatment\nand counseling center (Comprehensive Treatment Center or CTC) for\nopioid use disorder utilizing medicated-assisted treatment (MAT) in\ncombination with counseling and therapies at 535 E. First Street. The\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1683 5/6\n3/2/23, 2:48 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nproposed project will occupy a 10,610 square foot tenant space on the\nsecond floor of an existing office building. The hours of operation will be\nMonday through Friday from 5:00 am to 2:00 pm and Saturdays from 6:00\nam to 9:00 am. It is anticipated that on average approximately 1401 total\nclients would be served per day. The project site is located within the\nDowntown Commercial Core Specific Plan Development Area 3 (DCCSP-\nDA3) where Medical Clinics for Out-patients Only are listed as\nconditionally permitted uses. On January 10, 2023, the Planning\nCommission adopted Resolution No. 4456 (Attachment A), denying CUP\n2022-009. On January 19, 2023, the property owner (listed above) filed an\nappeal of the Planning Commission’s decision denying the proposed\nproject (Attachment B). The appeal hearing before the City Council is de\nnovo. The written appeal states that: (1) the decision of the Planning\nCommission denying the project should be reversed and that CUP 2022-\n0009 be approved, pending revision of the proposed Conditions of\nApproval; (2) City staff has been unwilling to meet the applicant or\nproperty owner in order to discuss the proposed use, most notably\nregarding the conditions of approval prior to only making them available\nless than six (6) days prior to the Planning Commission hearing date,\nthereby blocking any input; (3) after the motion by the Planning\nCommission to deny the proposed use, the Planning Commission Chair\ndid not follow proper procedures in allowing any discussion on the motion\non the floor, and instead, pushed ahead to vote on the motion; (4) the\ninformation presented to the Planning Commission by staff was done so\nwithout their clear understanding of the facts; (5) the City Attorney’s office\npromised to provide public records as they become available, but failed to\ndo so; and (6) there has been a gross violation of proper procedure.\nAMERICANS WITH DISABILITIES ACT ("ADA") ADVISORY STATEMENT\nRELATED TO THE PROPOSED PROJECT: If approved, the proposed\nCTC would exclusively serve persons receiving treatment for Opioid Use\nDisorder. To be a patient at the CTC, an individual cannot be actively\nusing illegal drugs. Persons receiving such treatment are qualified\nindividual[s] with a disability afforded full protection under the ADA and the\nADA prohibits the City from discriminating against qualified individuals in\nmaking land use decisions. In considering this application and the appeal,\nthe City Council may not treat the proposed CTC differently than it would\nany other medical clinic. It may not base its decision on the fact that\npatients at the CTC will be receiving treatment for Opioid Use Disorder.\nNor may unsubstantiated fears, prejudice, or stereotypes related to\npersons recovering from Opioid Use Disorder form the basis of the City\nCouncil’s decision.\nRecommendation: Pleasure of the City Council.\nAGENDA ITEM (Due to the file size, it may take a few minutes to\ndownload)\nOTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY\nCOUNCIL MEMBER COMMENTS AND REPORTS

3. RATIFICATION OF PAYROLL AND DEMANDS The City Council has\napproved the use of Government Code Section 37208 to expedite the\npayment of City of Tustin obligations that are in accordance with the\napproved budget or continued operations authorizations.\nRecommendation: It is recommended that the City Council approve\nPayroll in the amount of $947,941.29 and Demands in the amount of\n$3,803,348.30.\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1683 2/6\n3/2/23, 2:48 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nAGENDA ITEM

4. ADOPT RESOLUTION NO. 23-07 TO ACCEPT IMPROVEMENTS FOR\nTHE NEWPORT AVENUE PAVEMENT REHABILITATION PROJECT\nBETWEEN 1-5 AND HOLT AVENUE (CIP NO. 70244) AND BETWEEN\nSYCAMORE AVENUE AND 1-5 (CIP NO. 70245) AND AUTHORIZE THE\nCITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of\nthe Newport Avenue Pavement Rehabilitation Project between 1-5 and\nHolt Avenue (CIP No. 70244) and between Sycamore Avenue and 1-5\n(CIP No. 70245) has been completed to the satisfaction of the City\nEngineer and is now ready for City Council acceptance.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 23-07 accepting the construction of the Newport Avenue\nPavement Rehabilitation Project between 1-5 and Holt Avenue (CIP No.\n70244) and between Sycamore Avenue and 1-5 (CIP No. 70245); and 2.\nAuthorize the City Engineer to execute and file the Notice of Completion\nwith the Orange County Recorder's Office. RESOLUTION NO. 23-07 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND\nAUTHORIZING THE RECORDATION OF THE NOTICE OF\nCOMPLETION FOR THE NEWPORT AVENUE PAVEMENT\nREHABILITATION PROJECT BETWEEN I-5 AND HOLT AVENUE, CIP\nNO. 70244, AND BETWEEN SYCAMORE AVENUE AND I-5, CIP NO.\n70245\nAGENDA ITEM

5. APPROVE REIMBURSEMENT AGREEMENT WITH EAST ORANGE\nCOUNTY WATER DISTRICT FOR CITY’S PORTION OF\nCONSTRUCTION COSTS RELATED TO THE OC-43 WALNUT VAULT\nREPLACEMENT PROJECT AND AUTHORIZE EXECUTION OF\nMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF\nTUSTIN AND EAST ORANGE COUNTY WATER DISTRICT RELATIVE\nTO JOINT USE OF TURNOUT FACILITY VAULTS The East Orange\nCounty Water District (EOCWD) provides imported water supply to the\nCity through various imported water connections. EOCWD has identified a\nproject to replace and improve the OC-43 imported water connection.\nEOCWD engaged the City during the design phase and has developed a\nreimbursement agreement for components and improvements specific to\nthe City’s needs to operate and control imported water entering the City’s\nwater system. Concurrently, EOCWD and the City engaged in a process\nto clarify ownership, controls and operations of imported water\nconnections, commonly referred to as "turnout facilities", and established\na Memorandum of Understanding (MOU) to memorialize the joint use of\nthese facilities.\nRecommendation: It is recommended that the City Council: 1. Approve the\nReimbursement Agreement with East Orange County Water District for\nthe City's costs related to the replacement of the OC-43 Walnut Vault\nReplacement Project; 2. Authorize the City Manager to execute the\nReimbursement Agreement for OC-43 Walnut Vault Replacement; and 3.\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1683 3/6\n3/2/23, 2:48 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nAuthorize the City Manager to execute the Memorandum of\nUnderstanding Relative to Joint Use of Turnout Facility Vaults.\nAGENDA ITEM

6. ADOPT RESOLUTION NO. 23-08 AMENDING THE DEDICATION OF\nRIGHT­OF-WAY OF LEGACY ROAD IN TUSTIN LEGACY As a part of\nconveyance maps TR 17404 and TR 17144, certain lots located on the\nformer site of the Tustin Marine Corps Air Station were reserved for public\nstreet purposes. Resolution No. 13-17 dedicated and accepted certain of\nthese lots including Legacy Road in Neighborhood D South which right-of-\nway legal description is inconsistent with the constructed and accepted\npublic improvements to Legacy Road and with recorded Tract Map No.\n18197.\nRecommendation: It is recommended that the City Council adopt\nResolution No. 23-08 amending the right-of-way dedication of Legacy\nRoad in Neighborhood D South in Tustin Legacy. RESOLUTION NO. 23-\n08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, AMENDING RESOLUTION NO. 13-17 CONCERNING\nTHE DEDICATION OF SPECIFIED PROPERTY FOR PUBLIC STREET\nPURPOSES\nAGENDA ITEM

7. 2022 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION\nMONITORING STATUS REPORT FOR FEIS/EIR FOR TUSTIN LEGACY\nSPECIFIC PLAN The California Government Code requires that the\nPlanning Commission provide an annual progress report to the City\nCouncil on the status of the City’s General Plan and the progress in its\nimplementation, including the progress in meeting our share of regional\nhousing needs and efforts to remove governmental constraints to housing\ndevelopment, maintenance, and improvement. In addition, the City\nCouncil certified the Program Final Environmental Impact\nStatement/Environmental Impact Report (FEIS/EIR) for the Disposal and\nReuse of MCAS Tustin along with its Supplemental and Addendums. The\nFEIS/EIR evaluated the environmental impacts of the reuse and disposal\nof MCAS-Tustin, which included the adoption of a Mitigation Monitoring\nand Reporting Program (MMRP) pursuant to CEQA Guidelines Section\n15097. The MMRP requires annual review to ensure compliance with\nrequired mitigations. On February 28, 2023, the Planning Commission\nreviewed the General Plan Annual Report and the Tustin Legacy Annual\nMitigation Monitoring Status Report and authorized staff to forward the\nreports to the City Council. With Council authorization, staff will forward\nthe General Plan Annual Report to the California Department of Housing\nand Community Development (HCD) and Office of Planning and\nResearch (OPR) in fulfillment of the State’s requirement, and receive and\nfile the Tustin Legacy Annual Mitigation Monitoring Status Report.\nRecommendation: That the City Council: Authorize staff to forward the\nGeneral Plan Annual Report to the State OPR and HCD; and Receive and\nfile the Tustin Legacy Annual Mitigation Monitoring Status Report and\nauthorize staff to submit a subsequent report when considerable and\nsignificant activities occur.\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1683 4/6\n3/2/23, 2:48 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nAGENDA ITEM

8. POLICE COMMUNICATIONS OFFICER HIRING INCENTIVE PILOT\nPROGRAM Staff is seeking City Council approval to implement a\nproposed Police Communications Officer Hiring Incentive Pilot Program to\nimprove the City’s success in recruiting, hiring, and retaining lateral Police\nCommunications Officers.\nRecommendation: Authorize the City Manager, or his designee, to\nimplement a Police Communications Officer Hiring Incentive Pilot\nProgram.\nAGENDA ITEM\nREGULAR BUSINESS ITEM 9

9. APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY\nREQUEST FOR DISABILITY-RELATED MODIFICATION OF CITY\nPOLICIES, PRACTICES, AND/OR PROCEDURES Philip Teyssier of\nAtomic Investments, Inc. (“Appellant”) appeals from the Planning\nCommission’s denial of a request for disability-related reasonable\nmodification of City policies, practices, and/or procedures to allow\nCalifornia Treatment Services, a subsidiary of Acadia Healthcare\nCompany, Inc. (“Acadia”) to operate an outpatient treatment and\ncounselling center (“Comprehensive Treatment Center” or “CTC”) at a\ncommercial property owned by the Appellant located at 535 E. First\nStreet. AMERICANS WITH DISABILITIES ACT (“ADA”) ADVISORY\nSTATEMENT RELATED TO THE PROPOSED PROJECT: If approved,\nthe proposed CTC would exclusively serve persons receiving treatment\nfor Opioid Use Disorder. To be a patient at the CTC, an individual cannot\nbe actively using illegal drugs. Persons receiving such treatment are\n“qualified individual[s] with a disability” afforded full protection under the\nADA and the ADA prohibits the City from discriminating against qualified\nindividuals in making land use decisions. In considering this application\nand the appeal, the City Council may not treat the proposed CTC\ndifferently than it would any other medical clinic. It may not base its\ndecision on the fact that patients at the CTC will be receiving treatment for\nOpioid Use Disorder. Nor may unsubstantiated fears, prejudice, or\nstereotypes related to persons recovering from Opioid Use Disorder form\nthe basis of the City Council’s decision.\nRecommendation: Pleasure of the City Council.\nAGENDA ITEM\nPUBLIC HEARING ITEM 10