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Home My WebLink About00 CC AGENDA 6.16.20CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Letitia Clark, Mayor Pro Tem Charles E. Puckett, Council Member Barry W. Cooper, Council Member Austin Lumbard, Council Member JUNE 16, 2020 VIDEO CONFERENCE Dr. Allan Bernstein, Mayor Matthew S. West, City Manager Erica N.Yasuda, City Clerk 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 16, 2020 Meeting Agenda Page 1 of 8 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 — #2478 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: 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 City Council June 16, 2020 Meeting Agenda Page 2 of 8 REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 5:00 P.M. CALL TO ORDER — #2478 PLEDGE OF ALLEGIANCE — Mayor Pro Tem Clark 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 JUNE 2, 2020 AND THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL HELD ON JUNE 12, 2020 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on June 2, 2020 and the Special Closed Session Meeting of the City Council held on June 12, 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 $772,912.49; and Demands in the amount of $2,819,482.04. 4. REVIEW OF CITY'S CONFLICT OF INTEREST CODE City Council June 16, 2020 Meeting Agenda Page 3 of 8 The Political Reform Act requires that no later than July 1 of each even -numbered year, the City Council direct a review of the City's Conflict of Interest Code. Recommendation: It is recommended that the City Council direct the City Manager, or designee, to have the City's Conflict of Interest Code reviewed, file a statement of review with the City Council no later than October 1, 2020 and revise the Conflict of Interest Code based upon such review, if necessary. 5. CITYWIDE RECORDS RETENTION SCHEDULE AMENDMENT Staff is proposing the adoption of a revised Records Retention Schedule. Recommendation: Adopt Resolution No. 20-45, amending the City's Records Retention Schedule. RESOLUTION NO. 20-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AN AMENDED RECORDS RETENTION SCHEDULE, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS, AND RESCINDING PREVIOUS RESOLUTION NO. 17-51 6. NOVEMBER 3, 2020 GENERAL MUNICIPAL ELECTION CANDIDATE STATEMENT REGULATIONS Adoption of the proposed resolution will set the Candidate Statement regulations for the November 3, 2020 General Municipal Election. Recommendation: That the City Council adopt Resolution 20-46 establishing regulations for Candidate Statements to be submitted to the electorate in the November 2020 General Municipal Election. RESOLUTION NO. 20-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR CITY COUNCIL PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020 7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1507 Adoption of Ordinance No. 1507 approves Development Agreement (DA) 2020-0001 which establishes the terms of the DA, public benefits, and annual performance review in conjunction with Conditional Use Permit (CUP) 2020-0006. On June 2, 2020, the City Council approved CUP 2020-0006 amending the conditions of approval for an existing freeway billboard at the Tustin Auto Center. Recommendation: That the City Council have second reading by title only and City Council June 16, 2020 Meeting Agenda Page 4 of 8 adoption of Ordinance No. 1507. 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 8. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2020-2021 In order to maintain eligibility for funding under the Orange County Measure M2 Program, the City is required to annually submit a compliance package to the Orange County Transportation Authority (OCTA). Recommendation: It is recommended that the City Council take the following actions: 1. Adopt the attached Measure M2 Seven -Year Capital Improvement Program (Fiscal Year 2020-2021 through Fiscal Year 2026-2027); 2. Approve the City's Resolution 20-42 for the Local Signal Synchronization Plan Update; and 3. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M2 eligibility package to the Orange County Transportation Authority. RESOLUTION NO. 20-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CONCERNING THE UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM. 9. ADOPT RESOLUTION NO. 20-38 TO ACCEPT IMPROVEMENTS FOR THE TUSTIN RANCH ROAD AND EL CAMINO REAL IMPROVEMENT PROJECT, CIP NO. 70239 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Tustin Ranch Road and EI Camino Real Improvement Project (CIP No. 70239) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: actions: It is recommended that the City Council take the following 1. Adopt Resolution No. 20-38 accepting the construction of the Tustin Ranch Road and EI Camino Real Improvement Project (CIP No. 70239); and City Council June 16, 2020 Meeting Agenda Page 5 of 8 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 20-38 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 TUSTIN RANCH ROAD AND EL CAMINO REAL IMPROVEMENT PROJECT (CIP NO. 70239) 10. APPROPRIATION LIMIT FOR FISCAL YEAR 2020/2021 Article XIII B of the State Constitution requires each City to annually adopt a limit on appropriations for all governmental funds. The following recommendation and attached worksheets are based on the FY2020-2021 Proposed Budget as presented to the City Council on June 2, 2020 and subsequently amended. Recommendation: 1. Select the change in the California per Capita Personal Income as the price factor for adjusting the Fiscal Year 2020/2021 appropriations limit. 2. Adopt Resolution No. 20-30 setting the appropriation limit for Fiscal Year 2020/2021 at $97,694,703. RESOLUTION NO. 20-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2020-2021 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE 11. ADOPT RESOLUTION NO. 20-47 IN SUPPORT OF DELAYING VEHICLE MILES TRAVELED REQUIREMENTS OF SB 743 By adopting Resolution No. 20-47, the City will be requesting a delay in the implementation of the SB 743 vehicle miles traveled (VMT) CEQA analysis set to take effect on July 1, 2020. Recommendation: Adopt Resolution No. 20-47 in support of delaying the VMT requirements of SB 743. RESOLUTION NO. 20-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TO REQUEST THE DELAY OF THE IMPLEMENTATION OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS, SECTION 15064.3 REGULAR BUSINESS ITEM 12 City Council June 16, 2020 Meeting Agenda Page 6 of 8 12. FISCAL YEAR 2020/21 BUDGET ADOPTION At the June 2, 2020 Budget Workshop, the City Council was provided with an update on the projected impacts related to COVID-19, which included an estimated loss of $9 million of General Fund revenue for Fiscal Years 2019/20 and 2020/21. In response to these impacts, changes are proposed to the Second Year (Fiscal Year 2020/21) of the 2019-21 Biennial Budget including expenditure reductions and the use of reserves, which is consistent with what was presented at the Budget Workshop. In addition, it is requested that the City Council consider extending the term of the Project Position of Principal Plan Check Engineer. In 2015, the City Council adopted Resolution No. 15-08 to amend the City's Classification and Compensation Plan to authorize the appointment of a project employee in the classification of Principal Plan Check Engineer for a period of up to five (5) years from the employee's hire date. An individual was hired to fill this project position on July 20, 2015; therefore, under the terms of Resolution No. 15-08, her employment will automatically end on July 20, 2020 unless the City Council extends the term of the position. Staff recommends that the City Council proceed with the adoption of the Fiscal Year 2020/21 Budget and related resolutions. Recommendation: Adopt Resolution No. 20-29, Adopting the Second Year (Fiscal Year 2020-2021) of the 2019-2021 Biennial Budget and Appropriating from the Anticipated Revenues of the City for Fiscal Year 2020-2021; and 2. Adopt Tustin Housing Authority Resolution No. 20-01, Adopting the Housing Authority Budget and Appropriating from the Anticipated Revenues of the Authority for the Fiscal Year 2020-2021; and 3. Adopt Resolution No. 20-41, Extending the Term of the Project Position of Principal Plan Check Engineer; and 4. Adopt Resolution No. 20-43, Establishing the Position of Project Principal Planner; and 5. Adopt Resolution No. 20-44, Amending the City's Salary Schedule and the Position Control Schedule consistent with the Proposed Budget for Fiscal Year 2020-2021. RESOLUTION NO. 20-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE SECOND YEAR (FISCAL YEAR 2020-2021) OF THE 2019-2021 BIENNIAL BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 2020-2021 City Council June 16, 2020 Meeting Agenda Page 7 of 8 TUSTIN HOUSING AUTHORITY RESOLUTION NO. 20-01 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE HOUSING AUTHORITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE AUTHORITY FOR THE FISCAL YEAR 2020-2021 RESOLUTION NO. 20-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE TERM OF THE PROJECT POSITION OF PRINCIPAL PLAN CHECK ENGINEER RESOLUTION NO. 20-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING THE PROJECT POSITION OF PRINCIPAL PLANNER RESOLUTION NO. 20-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPDATING THE CITYWIDE SALARY SCHEDULE AND POSITION CONTROL SCHEDULE OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT City Council June 16, 2020 Meeting Agenda Page 8 of 8