HomeMy WebLinkAbout00 CC AGENDA 3.16.21CITY 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 16, 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 16, 2021
Meeting Agenda Page 1 of 8
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 16, 2021
Meeting Agenda Page 2 of 8
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 — #2494
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): (4 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(d)(1): (5 cases)
A. Paola Fuentes -Ortega vs. City Of Tustin, City Of Santa Ana, Michael Carter; Case
No. 30-2019-01055803
B. City of Tustin vs. City of Santa Ana: City Council of the City of Santa Ana, Case No.
30-2020-01161134
C. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action
No. SA CV 18-00155 DOC JDE
D. Protect Tustin Ranch v. City of Tustin, et al.,Orange County Superior Court Case No.
30-2019-01113056-CU-PT-CXC
City Council March 16, 2021
Meeting Agenda Page 3 of 8
E. Orange County Water District et al v. 3M Company, et al, Orange County Superior
Court Case Number 30-2020-01172419-CU-PL-CXC
REGULAR MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #2494
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Lumbard
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.
PRESENTATION — Proclamation Recognizing Emergency Preparedness Month, American
Red Cross of Orange County
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 speak regarding Consent Calendar matters should file a "Request to Speak" form
with the City Clerk. (Agenda Items 1 through 8)
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 SPECIAL MEETING OF THE CITY COUNCIL
HELD ON FEBRUARY 24, 2021 AND THE REGULAR MEETING OF THE CITY
COUNCIL HELD ON MARCH 2, 2021.
Recommendation: That the City Council approve the Action Minutes of the Special
Meeting of the City Council held on February 24, 2021 and the Regular Meeting of
the City Council held on March 2, 2021.
3. RATIFICATION OF PAYROLL AND DEMANDS
City Council March 16, 2021
Meeting Agenda Page 4 of 8
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 $819,199.42 and Demands in the amount of $2,005,692.87.
4. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE NEWPORT AVENUE PAVEMENT REHABILITATION
PROJECT BETWEEN 1-5 AND HOLT AVENUE (CIP NO. 70244) AND BETWEEN
SYCAMORE AVENUE AND 1-5 (CIP NO. 70245)
The plans and specifications for the Newport Avenue Pavement Rehabilitation
Project between 1-5 and Holt Avenue (CIP No. 70244) and between Sycamore
Avenue and 1-5 (CIP No. 70245) have been prepared and the project is now ready
for bid.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 21-19 approving the plans and specifications for the
Newport Avenue Pavement Rehabilitation Project between 1-5 and Holt
Avenue (CIP No. 70244) and between Sycamore Avenue and 1-5 (CIP No.
70245); and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 21-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONS FOR THE NEWPORT AVENUE
PAVEMENT REHABILITATION PROJECT BETWEEN 1-5 AND HOLT AVENUE
(CIP NO. 70244) AND BETWEEN SYCAMORE AVENUE AND 1-5 (CIP NO. 70245)
AND AUTHORIZING ADVERTISEMENT FOR BIDS
5. 2020 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION
MONITORING STATUS REPORT FOR FEIS/EIR FOR TUSTIN LEGACY
(FORMERLY MCAS-TUSTIN) SPECIFIC PLAN
The California Government Code requires that the Planning Commission provide an
annual progress report to the City Council on the status of the City's General Plan
and the progress in its implementation, including the progress in meeting the City's
share of regional housing needs and efforts to remove governmental constraints to
housing development, maintenance, and improvement.
In addition, the City Council certified the Program Final Environmental Impact
Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of
the Marine Corps Air Station (MCAS) -Tustin along with its Supplemental and
Addendums. The FEIS/EIR evaluated the environmental impacts of the reuse and
disposal of MCASTustin, which included the adoption of a Mitigation Monitoring and
City Council March 16, 2021
Meeting Agenda Page 5 of 8
Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097. The
MMRP requires an annual review to ensure compliance with required mitigations.
On March 9, 2021, the Planning Commission reviewed the General Plan Annual
Report and the Annual Mitigation Monitoring Status Report and authorized staff to
forward the reports to the City Council. With Council authorization, staff will forward
the General Plan Annual Report to HCD in fulfillment of the State's requirement, and
receive and file the Annual Mitigation Monitoring Status Report.
Recommendation: That the City Council:
1. Authorize staff to forward the General Plan Annual Report to the State Office of
Planning and Research and HCD; and
2. Receive and file the Annual Mitigation Monitoring Status Report and authorize staff
to submit a subsequent report when considerable and significant activities occur.
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1512 AND
ADOPTION OF REVISED RESOLUTION NO. 21-17
Adoption of Ordinance No. 1512 approves 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.
Staff is requesting that the City Council adopt revised Resolution No. 21-17 which
includes clarification to the requested concession for reduced front and rear
setbacks. This concession is authorized by the Density Bonus Law.
Recommendation: That the City Council:
1. Have second reading by title only and adoption of Ordinance No. 1512; and
2. Adopt revised Resolution No. 21-17.
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
City Council March 16, 2021
Meeting Agenda Page 6 of 8
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-
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)
7. SECOND AMENDMENT TO CONTRACTOR SERVICES AGREEMENT —
TEMPORARY SHELTER, INC (AKA, ORANGE COUNTY RESCUE MISSION)
The Tustin Housing Authority ("Authority") is seeking authorization to enter into a
Second Amendment to the Contractor Services Agreement ("CSA") with Temporary
Shelter, Inc., an affiliate of the Orange County Rescue Mission, to operate the Tustin
Temporary Emergency Shelter through June 30, 2021.
Recommendation: It is recommended that the City Council, as the governing body
of the City of Tustin, and acting in their role as the Tustin Housing Authority
Commissioner authorize the City Manager, in his official capacity, and acting in his
role as Executive Director of the Tustin Housing Authority to execute a Second
Amendment to the Contractor Services Agreement with Temporary Shelter, Inc. to
operate the Tustin Temporary Emergency Shelter.
8. LEGISLATIVE UPDATE
Staff and the City's consultant (Townsend Public Affairs) have prepared a summary
of state legislative activity.
Recommendation:
1. Receive and file the legislative matrix.
REGULAR BUSINESS ITEMS 9-10
9. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL
EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19)
Consider adoption of Resolution 21-20 determining that there is a need to continue
the local emergency relating to COVID-19 in accordance with Government Code
Section 8630.
Recommendation: Adopt Resolution No. 21-20 Determining the Need to Continue
the Local Emergency Regarding Novel Coronavirus (COVID-19).
RESOLUTION NO. 21-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY
REGARDING NOVEL CORONAVIRUS (COVID-19)
City Council March 16, 2021
Meeting Agenda Page 7 of 8
10. FIVE YEAR STRATEGIC PLAN —MIDPOINT PROCESS OVERVIEW
A recap of the process to create the City's Strategic Plan for FY 2018/19 through FY
2022/23, a high-level summary of strategy implementation milestones achieved to
date and an overview of the next steps to update the policy document intended to
serve as a foundation for further discussion in upcoming public workshops.
Recommendation: It is recommended that the City Council receive and file the
midpoint process overview.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, April 6, 2021 for the Closed
Session Meeting at 4:30 p.m. and the Regular Business Meeting at 5:30 p.m.
City Council March 16, 2021
Meeting Agenda Page 8 of 8