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Home My WebLink About00 CC AGENDA 6.2.20 CITY OF TUSTIN REGULAR JUNE 2, 2020 MEETING OF THE CITY COUNCIL VIDEO CONFERENCE Letitia Clark, Mayor Pro Tem Charles E. Puckett, Council Member Dr. Allan Bernstein, Mayor Matthew S. West, City Manager Barry W. Cooper, Council Member Erica N.Yasuda, City Clerk Austin Lumbard, Council Member David E. Kendig, City Attorney NOTICE RE PUBLIC PARTICIPATION DURING COVID-19 EMERGENCY During the Statewide COVID-19 Emergency, the public is not permitted to convene in person for this public meeting. However, the public may still view and comment on the meeting as follows: To watch the meeting, the public may observe the meeting via the City's Granicus service at: https://www.tustinca.org/282/Meetings-Agendas or on the local Cox Channel 851. To comment on one or more items, do the following: 1. Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda prior to commencement of the meeting, go to https://tustin.qranicusideas.com/meetings?scope=upcominq and select the agenda item. B. To submit an e-comment on an upcoming meeting agenda during the meeting, go to https://tustin.granicusideas.com/meetings?scope=past and select the agenda item. C. Follow the links to type and submit your comment(s) on one or more items: a. The items may be on the agenda or not on the agenda. b. Your comments will be forwarded electronically and immediately to the members of the City Council. c. Comments related to a particular agenda item will only be considered prior to the close of public comments on that item d. Comments on matters that are not on the agenda may be submitted only until the "Public Comment" portion of the agenda is concluded. For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the City Council June 2, 2020 Meeting Agenda Page 1 of 10 meetings for those individuals with disabilities, so the City has established a process to request a reasonable modification or accommodation consistent with the Americans with Disabilities Act (ADA). If you would like to request a modification or accommodation due to a disability, please call (714) 573-3025 as soon as is feasible, and identify the need and the requested modification or accommodation. The City's ADA Coordinator or her designee will receive the request and communicate in response to the request. CLOSED SESSION MEETING —4:00 p.m. CALL TO ORDER — #2477 ATTENDANCE — PUBLIC INPUT — Members of the public may submit comments in writing to address the City Council on items on the Closed Session Agenda. 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 LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE 4. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957): Consultation with Police Chief and City Attorney 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property 430-271-81, portions of 430-271-78, 80, 82, 84, 92, Address/Description 93, and portions of 430-371-41, 42, 43, 44, 45, 46, City Council June 2, 2020 Meeting Agenda Page 2 of 10 48, 51, 54, 73, 74, 76, 77 Agency City of Tustin City Negotiators Matthew S. West, City Manager & Christopher Koster, Director of Economic Development Negotiating Parties Brookfield Homes Southern California, LLC. Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 5:00 P.M. CALL TO ORDER — #2477 PLEDGE OF ALLEGIANCE — Mayor Bernstein PRESENTATION — PUBLIC INPUT — At this time, any member of the public may submit comments in writing to 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 address the City Council regarding Consent Calendar matters should submit comments in writing with the City Clerk. (Agenda Items 1 through 11) 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 MAY 19, 2020 City Council June 2, 2020 Meeting Agenda Page 3 of 10 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on May 19, 2020. 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 $797,980.06; and Demands in the amount of $2,216,039.75. 4. ADOPT RESOLUTION NO. 20-35 TO ACCEPT IMPROVEMENTS FOR THE MOFFETT DRIVE BRIDGE AND ROADWAY CONSTRUCTION PROJECT, CIP NO. 70224, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Moffett Drive Bridge and Roadway Construction Project, CIP No. 70224, 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 take the following actions: 1 . Adopt Resolution No. 20-35 accepting the construction of the Moffett Drive Bridge and Roadway Construction Project, CIP No. 70224; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 20-35 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 MOFFETT DRIVE BRIDGE AND ROADWAY CONSTRUCTION PROJECT, CIP NO. 70224 5. LAUREL GLEN PARK WALL MURAL PUBLIC ART PROJECT At their May 20, 2020, Regular Meeting, the Community Services Commission recommended to forward a public art wall mural design selected by the Public Art Committee for consideration by the City Council. Recommendation: It is recommended that the City Council adopt Resolution 20-37 approving the wall mural design, submitted by artist Mike Tauber, to be installed on the North-East facing wall of the Laurel Glen Park restroom building, and authorize the Parks and Recreation Department to execute an agreement with the artist. City Council June 2, 2020 Meeting Agenda Page 4 of 10 RESOLUTION NO. 20-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE ARTWORK AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE ARTIST 6. FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WITH BROOKFIELD HOMES SOUTHERN CALIFORNIA LLC, FOR DISPOSITION PACKAGE 2C AND 8 AT TUSTIN LEGACY Request for authorization to approve the First Amendment to the Disposition and Development Agreement (DDA) with Brookfield Homes Southern California LLC (Brookfield) for portions of disposition parcels 2c and 8 for the development of a for- sale residential community consisting of 400 homes on approximately 25.4 net acres at Tustin Legacy. As a result of the ongoing COVID-19 pandemic, Brookfield has requested an extension of various milestones and performance dates under the original DDA as proposed in this First Amendment to further assess the impacts of COVID-19 on the homebuilding industry. This amendment would suspend the date upon which the Purchase Price Deposit becomes non-refundable to September 1, 2020, extend performance dates of certain obligations of both parties, and, thereby extend the outside date for close of escrow by approximately nine (9) months. Recommendation: Authorize the City Manager to execute the First Amendment to the DDA between Brookfield and the City, and any related implementing documents, subject to non-substantive modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney. 7. ADOPT RESOLUTION NO. 20-32 TO ACCEPT IMPROVEMENTS FOR THE FISCAL YEAR 2018-19 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT, CIP NO. 70018 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Fiscal Year (FY) 2018-19 Roadway Rehabilitation and Sidewalk Repair Project, (CIP No. 70018), 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 take the following actions: 1 . Adopt Resolution No. 20-32 accepting the construction of the Fiscal Year(FY) 2018-19 Roadway Rehabilitation and Sidewalk Repair Project (CIP No. 70018); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. City Council June 2, 2020 Meeting Agenda Page 5 of 10 RESOLUTION NO. 20-32 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 FY 2018-19 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP NO. 70018) 8. ADOPT RESOLUTION NO. 20-36 TO ACCEPT IMPROVEMENTS FOR THE MEDIAN LANDSCAPE REHABILITATION PROJECT, CIP NO. 10074, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Median Landscape Rehabilitation Project, CIP No. 10074, 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 take the following actions: 1 . Adopt Resolution No. 20-36 accepting the construction of the Median Landscape Rehabilitation Project, CIP No. 10074; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 20-36 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 MEDIAN LANDSCAPE REHABILITATION PROJECT, CIP NO. 10074 9. POLICE DEPARTMENT VEHICLE PURCHASE One marked Police Department patrol vehicle needs to be replaced due to excessive damage from a traffic collision. There is also an urgent need to purchase two patrol vehicles due to a critical national shortage of police packaged vehicles. Recommendation: It is recommended the City Council authorizes: 1. The purchase of one (1) 2020 Chevrolet Tahoe pursuit-rated vehicle from the National Auto Fleet Group in the City of Alhambra in the amount of$46,313.23 as a replacement for the vehicle damaged in a traffic collision. 2. The purchase of police equipment conversion packages for(1) 2020 Chevrolet Tahoe pursuit-rated vehicle in the amount of$13,103.72. 3. The purchase of graphic designs from Digital Magic Signs for (1) 2020 Chevrolet Tahoe pursuit-rated vehicle in the amount of $844.56. City Council June 2, 2020 Meeting Agenda Page 6 of 10 4. The purchase of two (2) additional 2020 Chevrolet Tahoe pursuit-rated vehicles from the National Auto Fleet Group in the City of Alhambra in the amount of $92,626.46 in advance of the FY 20/21 budget year, due to the nationwide shortage of police vehicles. 5. The purchase of police equipment conversion packages for two (2) additional 2020 Chevrolet Tahoe pursuit-rated vehicles in the amount of $26,207.44. 6. The purchase of graphic designs for two (2) additional 2020 Chevrolet Tahoe pursuit- rated vehicles from Digital Magic Signs in the amount of $1,308.98. 7. The supplemental appropriation in the amount of $60,261.51 from unappropriated reserves of the Equipment Fund (Fund 184) to purchase one (1) 2020 Chevy Tahoe, in advance of insurance company reimbursement for a vehicle damaged in a traffic collision. 8. The supplemental appropriation in the amount of $120,142.88 from unappropriated reserves of the Equipment Fund (Fund 184) to purchase two (2) 2020 Chevy Tahoe and reduce proposed FY 2020-21 appropriation for Fund 184 by $120,142.88. 9. 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. 10. LEGISLATIVE UPDATE Staff has prepared a summary of legislative activity. Recommendation: 1 . Receive and file the updated Legislative Matrix 2. Other actions at the pleasure of the City Council 11. AMENDMENT TO THE 2019-20 ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM As part of its response to the global impact of the Coronavirus (COVID-19), on April 9, 2020, the Department of Housing and Urban Development (HUD) released a memorandum providing waivers and flexibilities for grantees use of their 2019 and 2020 Community Development Block Grant (CDBG) funds to prevent, prepare for, and respond to COVID-19. An amendment to the 2019-20 Action Plan is being proposed, which would reallocate funding from the Tustin Emergency Homeless Shelter activity, to an existing 2019- 20 Action Plan activity, COVID-19 Response. City Council June 2, 2020 Meeting Agenda Page 7 of 10 Recommendation: That the City Council adopt Resolution No. 20-39 Amending the 2019-20 Action Plan by reallocating funding from the Tustin Emergency Homeless Shelter activity to the COVID- 19 Response activity. RESOLUTION NO. 20-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENTS TO THE 2019-20 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SUBMISSION OF THE AMENDMENTS TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. PUBLIC HEARING ITEMS 12-13 12. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2020-2021 The Tustin Landscape and Lighting District Engineer's Report was completed and approved by the City Council at their May 5, 2020 meeting. At that meeting, the City Council declared its intention to levy annual assessments and set a public hearing for June 2, 2020. In order to levy the annual assessments, the City Council is required to conduct a public hearing and, provided there is no majority protest, adopt Resolution No. 20-33 confirming the annual assessments for Fiscal Year 2020-2021 . Recommendation: It is recommended that the City Council: 1 . Conduct a public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2020-2021 ; and 2. Adopt Resolution No. 20-33 confirming the annual assessments for Fiscal Year 2020-2021 . RESOLUTION NO. 20-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2020-2021 13. TUSTIN AUTO CENTER DIGITAL DISPLAY BILLBOARD CONDITIONAL USE PERMIT 2020-0006 AND DEVELOPMENT AGREEMENT 2020-0001 The project is a request to amend the Conditions of Approval for an existing freeway adjacent digital display billboard at the Tustin Auto Center by allowing off-premises advertisements. CUP 2011-06, approved in 2011, authorizes the existing freeway adjacent digital billboard for the Tustin Auto Center and includes a condition that only on-premises advertisements that are related to the Tustin Auto Center can be City Council June 2, 2020 Meeting Agenda Page 8 of 10 displayed. With the adoption of Ordinance No. 1505, the applicant is requesting an amendment to allow for off-premises advertisements on the existing freeway adjacent digital display billboard. The proposal does not involve any physical modifications to the existing freeway adjacent digital display billboard. On May 11, 2020, the Planning Commission adopted Resolution No. 4403 recommending that the City Council approve the subject project. Recommendation: That the City Council: 1 . Adopt Resolution No. 20-26 approving Conditional Use Permit (CUP) 2020- 0006 amending the conditions of approval for an existing freeway billboard at the Tustin Auto Center by allowing off-premises advertisements subject to the terms and conditions of Development Agreement (DA) 2020-0001 . 2. Introduce and have the first reading by title only of Ordinance No. 1507 for DA 2020-0001 to establish the terms of the DA, public benefits, and annual performance review in conjunction with CUP 2020-0006, and set the second reading of the ordinance for the next City Council meeting. RESOLUTION NO. 20-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2020-0006 AMENDING THE CONDITIONS OF APPROVAL FOR AN EXISTING FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD AT THE TUSTIN AUTO CENTER BY ALLOWING OFF- PREMISES ADVERTISEMENTS ORDINANCE NO. 1507 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT 2020- 0001 BETWEEN THE CITY OF TUSTIN AND TUSTIN AUTO CENTER MERCHANTS ASSOCIATION IN ASSOCIATION WITH CONDITIONAL USE PERMIT 2020-2006 FOR A FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD AT THE TUSTIN AUTO CENTER REGULAR BUSINESS ITEMS 14-15 14. TUSTIN $3 MILLION "CARES" PROGRAM — RESPONSE TO COVID-19 Recommendation: That the City Council: 1. Receive and file this Tustin CARES Program report; and 2. Adopt Resolution No. 20-40 Approving the Temporary Waiver of the City's Fee for a Temporary Use Permit Application for Outdoor Dining/Outdoor Retail Sales Permit 15. FISCAL YEAR 2020/21 BUDGET WORKSHOP City Council June 2, 2020 Meeting Agenda Page 9 of 10 On June 18, 2019, the City Council adopted a Biennial Budget that established an operating and capital spending plan for Fiscal Years 2019/20 and 2020/21. On March 3, 2020, staff provided the City Council with a mid-year update on Fiscal Year 2019/20. Thereafter, the State of California and County of Orange mandated business restrictions and stay-at-home orders in response to COVID-19, which has resulted in significant reductions in City revenue. This report provides an update on the projected impacts on Fiscal Year 2019/20 and 2020/21, which forecasts an estimated loss of $9 million of General Fund revenue and proposes changes to the 2020/21 budget in response to these impacts including expenditure reductions and use of reserves. Recommendation: Staff recommends that the City Council conduct a Budget Workshop on the Proposed Annual Operating and Capital Improvement Plan for Fiscal Year 2020/21, which includes an update on the projected impacts related to COVID- 19 followed by a public hearing for consideration of adoption of the proposed budget on June 16, 2020. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT City Council June 2, 2020 Meeting Agenda Page 10 of 10