HomeMy WebLinkAbout00 CC AGENDA 3.2.21CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
Austin Lumbard, Mayor Pro Tem
Barry W. Cooper, Council Member
Rebecca Gomez, Council Member
Ryan Gallagher, Council Member
MARCH 2, 2021
VIDEO CONFERENCE
Letitia Clark, 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 participate and/or comment on one or more items, do the following:
1. PARTICIPATING DURING A MEETING
Community members who wish to verbally address the City Council during a
public meeting should electronically submit a Request to Speak form by clicking
here. Submitting this form prior to the meeting will allow the City Clerk to identify
who would like to speak during the correct item on the agenda. Please note: You
are not required to provide your name, however please provide the screen name
or phone number you will use to join the meeting. By joining the meeting, you will
be able to speak but your video will not be enabled. Please see further
instructions below.
ASSISTANCE DURING THE MEETING
If you have any questions or need assistance during the meeting, please contact
City Clerk's Office by calling 714-573-3027.
HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER
OR SMART DEVICE
Community members may provide live public comments via Zoom during City
Council meetings. To join the meeting, click here and use the passcode below.
You can also join via the Zoom app on your smartphone or tablet, or in a web
City Council March 2, 2021
Meeting Agenda Page 1 of 10
browser at https://zoom.us/join, by entering the Meeting ID and Passcode below.
Meeting ID: 940 8640 1921
Passcode-600222
Please provide your name in the Zoom application to allow the City Clerk to
identify you when it is your time to speak. We suggest installing and testing the
Zoom software on your device prior to the commencement of the meeting.
HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE
To join to the Zoom web conference from any phone (landline or wireless), dial
669-900-6833.
When prompted use the below Meeting ID and Passcode.
Meeting ID: 940 8640 1921
Passcode-600222
The City Clerk will identify you by the last 4 digits of your phone when it is your
time to speak.
When requested by the City Clerk, call-in users can unmute and mute their
phones by pressing *6.
Call-in users can raise their hand by pressing *9 but may not lower their hand
once raised.
2. PROVIDE WRITTEN COMMENTS PRIOR TO AND DURING THE MEETING
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.granicusideas.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
City Council March 2, 2021
Meeting Agenda Page 2 of 10
d. Comments on matters that are not on the agenda maybe 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
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 — #2493
ATTENDANCE —
PUBLIC INPUT — Members of the public may 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. LIABILITY CLAIMS — [Government Code § 54956.95]: (8 cases)
A. Claim of Alejandra Magallon, Claim No. 21-06
B. Claim of Susan Wilkins, Claim No. 20-09
C. Claim of Christine Vega, Claim No. 20-17
D. Claim of Mark and Katherine Schwabi, Claim No. 20-18
E. Claim of James Stahovich, Claim No. 20-20
F. Claim of Juan Acuna, Claim No. 20-24
G. Claim of Gabriel Pimentel, Claim No. 20-25
H. Claim of Chad Bystedt, Claim No. 20-27
City Council March 2, 2021
Meeting Agenda Page 3 of 10
REGULAR MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #2493
PLEDGE OF ALLEGIANCE — Mayor Clark
PUBLIC INPUT — At this time, any member of the public may 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 9)
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 FEBRUARY 16, 2021.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on February 16, 2021.
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 $814,636.39 and Demands in the amount of $2,601,755.53.
4. OLD TOWN TUSTIN PLANTER BOX PUBLIC ART PROJECT PHASE 3
At their February 17, 2021, Regular Meeting, the Community Services Commission
City Council March 2, 2021
Meeting Agenda Page 4 of 10
recommended to forward three planter box art concepts, that were previously approved
by the Public Art Committee, for future consideration by the City Council to complete the
final phase of the Old Town Tustin Planter Box Public Art Project.
Recommendation: That the City Council adopt Resolution 21-15 approving three
planter box art designs, submitted by two artists, to enhance the sidewalks of Main Street
and EI Camino Real in Old Town Tustin and authorize the Parks and Recreation
Department to execute agreements with the respective artists.
RESOLUTION NO. 21-15
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 AGREEMENTS WITH THE RESPECTIVE ARTISTS
5. PEPPERTREE PARK WALL MURAL PUBLIC ART PROJECT
At their February 17, 2021, 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 21-16
approving the wall mural design, submitted by artist Christin Ibrahim, to be installed
on the North facing wall of the Peppertree Park restroom building, and authorize the
Parks and Recreation Department to execute an agreement with the artist.
RESOLUTION NO. 21-16
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. APPROVE GRANT OF EASEMENT TO IRVINE RANCH WATER DISTRICT
(IRWD) OVER A PORTION OF LOTS 1, 3, 4, 11, 12 AND 13 OF TRACT NO.
18197 IN TUSTIN LEGACY
Construction of the Tustin -Legacy Neighborhood "D" South Phase 1 Infrastructure
Backbone (CIP No. 70246) and Non -Backbone (CIP No. 70250) Construction Project
includes installation of Irvine Ranch Water District (IRWD) facilities within the
roadway and adjacent parcels. It is therefore necessary for the City of Tustin to grant
an easement to the IRWD for the sole object and purpose of constructing and
maintaining IRWD facilities in the easement areas as described in the Grant of
Easement.
Recommendation: It is recommended that the City Council grant an easement to
the Irvine Ranch Water District over a
No. 18197 as shown on the attached
City Council
Meeting Agenda
Portion of Lots 1, 3, 4, 11, 12 and 13 of Tract
easement document exhibits for Irvine Ranch
March 2, 2021
Page 5 of 10
Water District facilities and access purposes, and authorize the Mayor and City Clerk
to execute the document on behalf of the City.
7. ANNUAL REPORT AND 2021 WORK PROGRAM - PLANNING COMMISSION
ACTING AS HISTORIC AND CULTURAL RESOURCES ADVISOR TO THE CITY
COUNCIL
This report provides the City Council with the required Annual Report summarizing
the accomplishments and actions taken by the Planning Commission acting as
Historic and Cultural Resources Advisor during the 2020 calendar year and reviews
the HCRA's adopted 2021 Work Program.
Recommendation: That the City Council receive and file this report.
8. AMENDING THE CITY'S CLASSIFICATION PLAN TO INCLUDE AN ADDITIONAL
POSITION IN THE CLASSIFICATION OF BUILDING PERMIT TECHNICIAN AND
ESTABLISH A LIMITED TERM PROJECT POSITION
Adoption of the attached Resolution will amend the City's Classification Plan to
include one additional position in the classification of Building Permit Technician and
authorize staff to fill the position as a limited term project position.
Recommendation: Adopt Resolution No. 21-18 to amend the City's Classification
Plan and authorize the appointment of a project employee in the classification of
Building Permit Technician for a period not to exceed five (5) years, unless otherwise
extended or modified by the City Council.
RESOLUTION NO. 21-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE CLASSIFICATION PLAN FOR THE CITY OF TUSTIN TO
INCLUDE AN ADDITIONAL POSITION IN THE CLASSIFICATION OF BUILDING
PERMIT TECHNICIAN AND AUTHORIZING THE ESTABLISHMENT OF A
PROJECT POSITION
9. APPOINTMENT OF SCAG GENERAL ASSEMBLY DELEGATE & ALTERNATE
At least once every year (usually in April or May), Southern California Association of
Governments (SCAG) convenes the General Assembly to bring together the official
representatives of SCAG's membership and help set the agency's course for the
coming year. Council action is required for the appointment of the delegate and
alternate as the General Assembly is a policy-making body.
Recommendation: It is recommended that the Mayor and Mayor Pro Tem be
appointed as the delegate and alternate, respectively, to the SCAG General
Assembly.
PUBLIC HEARING ITEMS 10-11
City Council March 2, 2021
Meeting Agenda Page 6 of 10
10. DEVELOPMENT AGREEMENT 2020-0002 , DESIGN REVIEW 2020-0011, AND
DENSITY BONUS ALONG WITH CONCESSIONS FOR THE DEVELOPMENT OF
A SEVEN (7) UNIT MULTI -FAMILY BUILDING FOR SHORT-TERM
TRANSITIONAL HOUSING FOR FAMILIES AND CHILDREN FOR A
DEVELOPMENT LOCATED AT 1941 EL CAMINO REAL (APN 500-071-12)
The project includes the disposition of an approximate 16,790 square -foot lot (0.385
acre) for the development of a 7,681 square -foot multi -family residential project
consisting of seven (7) residential units for short-term transitional housing and
services for families with children experiencing homelessness or at -risk of
homelessness. The proposed project requires approval of a Development
Agreement to facilitate the development and conveyance of the site, Design Review
for the building design and layout, a density bonus to authorize two (2) additional
units on the site and two (2) development concessions to reduce the front yard
setback and a waiver of covered parking for a project located at 1941 EI Camino Real
(APN 500-071-12).
Recommendation: That the City Council:
1. Introduce and have first reading by title only of Ordinance No. 1512, approving
Development Agreement (DA) 2020-0002 between the City of Tustin and
Family Promise of Orange County, to facilitate the disposition of the property
and for the development of a seven (7) unit multi -family building for short-term
transitional housing for families with children experiencing or at -risk of
homelessness on an approximate 16,790 square foot (0.385 acre) site, and
authorize the City Manager to execute DA 2020-0002.
2. Adopt Resolution No. 21-17 approving Design Review (DR) 2020-0011 for
building design and site layout; a Density Bonus to authorize two (2) additional
units; and two (2) development concessions for a reduced front yard setback
and a waiver of covered parking for the development of a seven (7) unit multi-
family building for short term transitional housing and services for qualified
families with children experiencing homelessness or at risk of homelessness.
ORDINANCE NO. 1512
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING
DEVELOPMENT AGREEMENT (DA) 2020-0002 BETWEEN THE CITY OF TUSTIN
AND FAMILY PROMISE OF ORANGE COUNTY, INC., TO FACILITATE THE
DISPOSITION OF PROPERTY AND FOR THE DEVELOPMENT OF A SEVEN (7)
UNIT MULTI-FAMLY BUILDING FOR SHORT-TERM TRANSITIONAL HOUSING
FOR QUALIFIED FAMILIES WITH CHILDREN EXPERIENCING HOMELESSNESS
OR AT RISK OF HOMELESSNESS ON AN APPROXIMATE 16,790 SQUARE FOOT
(0.385 ACRE) SITE LOCATED AT 1941 EL CAMINO REAL (APN 500-071-12)
RESOLUTION NO. 21-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING DESIGN REVIEW 2020-0011, AND DENSITY BONUS ALONG WITH
ITS CONCESSIONS FOR THE DEVELOPMENT OF A SEVEN (7) UNIT MULTI -
City Council March 2, 2021
Meeting Agenda Page 7 of 10
FAMILY BUILDING FOR SHORT TERM TRANSITIONAL HOUSING AND
SERVICES FOR QUALIFIED FAMILIES WITH CHILDREN EXPERIENCING
HOMELESSNESS OR AT RISK OF HOMELESSNESS LOCATED AT 1941 EL
CAMINO REAL (APN 500-071-12)
11. GENERAL PLAN AMENDMENT 2019-00001 AND DESIGN REVIEW 2019-00019
FOR THE DEVELOPMENT OF TWO DUPLEX BUILDINGS AND ONE DETACHED
SINGLE-FAMILY RESIDENCE, AND THE PRESERVATION OF ONE SINGLE-
FAMILY HISTORIC RESOURCE
The project is a request for infill construction at 1042 San Juan Street consisting of
two (2) duplexes, one (1) detached single-family residential structure and the
preservation of an existing single-family residence, for a total of six (6) residential
units at 1042 San Juan Street. The proposed project requires the approval of
General Plan Amendment (GPA) 2019-00001 to amend the General Plan Land Use
Designation from Community Commercial (CC) to High Density Residential (HDR) at
1042 and 1052 San Juan Street. 1052 San Juan Street is included in this application
for General Plan consistency only. Design Review (DR) 2019-00019 is for the
building design and site layout for the proposed residential project located at 1042
San Juan Street. On February 9, 2021, the Planning Commission adopted
Resolution Nos. 4420, 4421, and 4422 recommending that the City Council approve
the proposed project.
On February 16, 2021, the Community Development Department received
notification that the property ownership has transferred to a new property owner, as
listed below. The new property owner has provided staff with written communication
indicating their desire to proceed with the filed applications for the proposed project
Recommendation: That the City Council adopt:
1. Resolution No. 21-12, finding that the Mitigated Negative Declaration (MND)
and Mitigation Monitoring and Reporting Program (MMRP) are adequate for
GPA 2019-00001 for 1042 and 1052 San Juan Street and DR 2019-00019 for
the proposed project at 1042 San Juan Street.
2. Resolution No. 21-13, approving GPA 2019-00001 to change the properties'
General Plan Land Use Designation from Community Commercial (CC) to
High Density Residential (HDR) at 1042 San Juan Street and 1052 San Juan
Street.
3. Resolution No. 21-14 approving DR 2019-00019 for building design and site
layout for two (2) duplexes and one (1) single-family residence and the
preservation of an existing single-family historic resource at 1042 San Juan
Street.
RESOLUTION NO. 21-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING
THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING
City Council March 2, 2021
Meeting Agenda Page 8 of 10
AND REPORTING PROGRAM PREPARED FOR GENERAL PLAN AMENDMENT
2019-00001 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM
COMMUNITY COMMERCIAL TO HIGH DENSITY RESIDENTIAL FOR
PROPERTIES LOCATED AT 1042 SAN JUAN STREET AND 1052 SAN JUAN
STREET AND DESIGN REVIEW 2019-00019 FOR CONSTRUCTION OF FOUR (4)
DWELLING UNITS WITHIN TWO (2) DUPLEX BUILDINGS, ONE (1) DETACHED
SINGLE FAMILY RESIDENCE AND PRESERVATION OF ONE (1) EXISTING
RESIDENTIAL HISTORIC RESOURCE FOR A TOTAL OF SIX (6) RESIDENTIAL
UNITS ON AN APPROXIMATELY 18,857 SQUARE -FOOT SITE LOCATED AT
1042 SAN JUAN STREET
RESOLUTION NO. 21-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING
GENERAL PLAN AMENDMENT 2019-00001 TO CHANGE THE GENERAL PLAN
LAND USE DESIGNATION FROM COMMUNITY COMMERCIAL (CC) TO HIGH
DENSITY RESIDENTIAL (HDR) FOR THE PROPERTIES LOCATED AT 1042 SAN
JUAN STREET AND 1052 SAN JUAN STREET
RESOLUTION NO. 21-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING
DESIGN REVIEW 2019-00019 FOR CONSTRUCTION OF TWO (2) DUPLEXES
BUILDINGS, ONE (1) DETACHED SINGLE FAMILY RESIDENCE AND
PRESERVATION OF AN EXISTING SINGLE FAMILY RESIDENTIAL HISTORIC
RESOURCE ON AN APPROXIMATELY 18,857 SQUARE FOOT SITE LOCATED
AT 1042 SAN JUAN STREET
REGULAR BUSINESS ITEM 12
12. FUNDING AGREEMENT FOR COVID-19 ASSISTANCE AND BUSINESS
PROMOTION SERVICES WITH THE TUSTIN CHAMBER OF COMMERCE
Request for authorization to execute a Funding Agreement for COVID-19 Assistance
and Business Promotion Services with the Tustin Chamber of Commerce, including
sponsorship of the 2021 Tustin Food & Wine Festival.
Recommendation: Authorize the City Manager to execute a Funding Agreement
for COVID-19 Assistance and Business Promotion Services with the Tustin Chamber
of Commerce to:
Provide economic development funding to the Chamber in the amount of
$44,500;
2. Waive the facility rental fees for the Chamber's use of the South Hangar for
the 2021 Tustin Food & Wine Festival; and
3. Agree to a one-time waiver of the City's share of profits from the 2021 Tustin
Food & Wine Festival,
City Council March 2, 2021
Meeting Agenda Page 9 of 10
and authorize the City Attorney to make non -substantive changes to the agreement
as deemed necessary.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT- The next meeting is scheduled on Tuesday, March 16, 2021 for the Closed
Session Meeting at 4:30 p.m. and the Regular Business Meeting at 5:30 p.m.
City Council March 2, 2021
Meeting Agenda Page 10 of 10