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Home My WebLink About00 CC AGENDA 9.15.20CITY OF TUSTIN REGULAR SEPTEMBER 15, 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=upcoming 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 September 15, 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 — 4:30 p.m. CALL TO ORDER — #2484 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): (1 case) 2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION -Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code § 54957(d)(1)] — (1 case) A. Title: City Manager 4. 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 5. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION A. Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 related to a written threat to initiate litigation against the City for alleged violation of the California Voting Rights Act. City Council September 15, 2020 Meeting Agenda Page 2 of 8 REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 5:30 P.M. CALL TO ORDER — #2484 INVOCATION AND 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 10) 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 1, 2020 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on September 1, 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 $846,885.61; and Demands in the amount of $9,282,225.94. 4. 2020 BIENNIAL CONFLICT OF INTEREST CODE REVIEW (DESIGNATED POSITIONS) City Council September 15, 2020 Meeting Agenda Page 3 of 8 Biennially the City is required to review the list of designated positions in the Conflict of Interest Code. City staff recommends the following changes to the list of designated filers as follow: Additions: Economic Development and Housing Manager (Economic Development) Police Captain (Police Department) Recreation Superintendent (Parks and Recreation Department) Deletions: Administrative Services Manager (Finance Department) Economic Development Project Manager (Economic Development) Principal Management Analyst (Public Works Department) Recommendation: Adopt Resolution No. 20-60 modifying the Appendix (Designated Positions) contained in the City's Conflict of Interest Code. RESOLUTION NO. 20-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND REPEALING RESOLUTION NO. 18-60 5. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT Pursuant to the Tustin Housing Authority Bylaws and State of California Housing Authorities Law of the California Health and Safety Code, the Tustin Housing Authority ("Housing Authority") is holding an annual meeting in order to receive and file the annual report of its activities for the preceding fiscal year. Recommendation: The Tustin Housina Authoritv Commissioners take the followina actions: 1. Receive and file the Annual Report for Fiscal Year ("FY") 2019-2020 and transmit such report to the Tustin City Council. The Citv Council take the followina actions: 1. Receive and file the Housing Authority's Annual Report for FY 2019-2020. 2. Direct that a copy of the Housing Authority's Annual Report for FY 2019-2020 be filed with the City Clerk and ex -officio Clerk of the City Council of the City of Tustin and the California State Department of Housing and Community Development. City Council September 15, 2020 Meeting Agenda Page 4 of 8 6. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES Adoption of the attached Resolution will increase the salary range for the classification of Police Captain to address compensation compaction within Police Department management. Recommendation: It is recommended that the City Council adopt Resolution No. 20-63 amending the City's Classification and Compensation Plans for Executive Management and Management employees. RESOLUTION NO. 20-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 20-20 7. FY2019 URBAN AREA SECURITY INITIATIVE (UASI) GRANT The City of Santa Ana, in its capacity as a Core City for the Anaheim/Santa Ana Urban Area, has applied for, received and accepted a grant entitled "FY 2019 Urban Areas Security Initiative" (UASI) Grant Program. This grant is from the Federal Department of Homeland Security, Federal Emergency Management Agency, through the State of California Emergency Management Agency. It is intended to enhance countywide emergency preparedness, and to help the Operational Area prevent, respond to, and recover from acts of terrorism, as set forth in the grant guidelines and assurances that are incorporated into the Agreement by reference. The Office of Grants and Training has awarded $4,850,000.00 to the City of Santa Ana for use in the Anaheim/Santa Ana Urban Area, for the term of April 9, 2020, through March 31, 2022. The funds are now available for distribution throughout the Operational Area, and the City of Tustin, as a Sub -Recipient, is authorized to participate in the grant funding. Recommendation: That the City Council: 1. Adopt Resolution 20-64, designating the Chief of Police or his designee as the City's authorized representative for the FY 2019 UASI grant. 2. Approve the FY 2019 UASI Transfer Agreement between the City of Santa Ana and the City of Tustin. RESOLUTION NO. 20-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY'S City Council September 15, 2020 Meeting Agenda Page 5 of 8 AUTHORIZED REPRESENTATIVE FOR THE FY 2019 URBAN AREAS SECURITY INITIATIVE (UASI) 8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1510 Adoption of Ordinance No. 1510 amends provisions in the Tustin City Code relating to graffiti and graffiti abatement. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1510. ORDINANCE NO. 1510 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 5, CHAPTER 7 OF THE TUSTIN CITY CODE PERTAINING TO GRAFFITI 9. LEGISLATIVE UPDATE Staff has prepared a summary of legislative activity. Recommendation: 1. REQUEST SIGNATURE on AB 434 (Daly): Housing Finance Programs. Uniform Procedures. 2. REQUEST SIGNATURE on AB 1286 (Muratsuchi): Shared Mobility Devices. Agreements. 3. REQUEST VETO on AB 2967 (O'Donnell): Public Employees' Retirement System. Contracting Agencies. Exclusion from Membership. 4. Receive and file the updated Legislative Matrix 5. Other actions at the pleasure of the City Council 10. TUSTIN RESPONSE TO DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF SANTA ANA GENERAL PLAN Tustin City Council concurrence is requested for the City of Tustin's (the City) response to the Draft Program Environmental Impact Report (DPEIR) for the City of Santa Ana General Plan. The proposed General Plan will guide the City of Santa Ana's development for the next 25 years and envisions up to 36,261 additional housing units, 5,849,220 square feet of additional nonresidential space, and 11,436 new jobs between 2020 and 2045. As proposed, 13,438 of these housing units and 2,645,721 square feet of the commercial space could be built in close proximity to Tustin within the approved Metro East Overlay Zone and the proposed 55 Freeway/Dyer Road Focus Area. City Council September 15, 2020 Meeting Agenda Page 6 of 8 Recommendation: That the City Council direct staff to forward the attached response letter to the City of Santa Ana. PUBLIC HEARING ITEM 11 11. SPECIFIC PLAN AMENDMENT 2020-00001 The project is a request to amend the Downtown Commercial Core Specific Plan (DCCSP) to allow only office uses to be established within the existing buildings at Wellington Plaza located in Development Area 3 of the DCCSP at 505-515 E. First Street. On August 25, 2020, the Planning Commission adopted Resolution No. 4407 recommending that the City Council approve the proposed project. APPLICANT: Art Bashmakian Sagecrest Planning and Environmental 2400 E. Katella Avenue, Suite 800 Anaheim, CA 92806 PROPERTY OWNERS: Multiple owners (on file) Recommendation: That the City Council introduce and have first reading by title only of Ordinance No. 1509 for Specific Plan Amendment (SPA) 2020-00001 to amend the Downtown Commercial Core Specific Plan (DCCSP) applicable to the Wellington Plaza office complex such that only office uses will be allowed to be established within the existing buildings located at 505-515 E. First Street, and set the second reading of the ordinance for the next City Council meeting. ORDINANCE NO. 1509 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2020-00001 TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) SUCH THAT ONLY OFFICE USES WILL BE ALLOWED TO BE ESTABLISHED WITHIN THE EXISTING BUILDINGS AT WELLINGTON PLAZA LOCATED AT 505-515 E. FIRST STREET. REGULAR BUSINESS ITEM 12 12. YEAR-END UPDATE FOR FISCAL YEAR 2019/20 On June 2, 2020, staff provided the City Council with a report on the estimated impacts associated with COVID-19, which projected General Fund Reserves of $17.1 million at June 30, 2020. This report provides an update on actual General Fund revenues and expenditures now that the books have been closed for Fiscal Year 2019/20. General Fund revenues are approximately $4.3 million better than projected whereas General Fund expenditures are approximately $146,000 higher than expected yet within budgeted amounts. Consequently, General Fund Reserves are City Council September 15, 2020 Meeting Agenda Page 7 of 8 approximately $4.2 million higher than expected at $21.3 million as of June 30, 2020 (or 29% of General Fund expenditures), which exceeds the City Council's minimum reserve policy of 20%. Recommendation: Staff recommends that the City Council receive and file this report on Fiscal Year 2019/20. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT City Council September 15, 2020 Meeting Agenda Page 8 of 8