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Home My WebLink AboutCC MINUTES 03.16.21 DocuSign Envelope ID:916C987A-OFA1-4542-92F6-92839E513BC6 CITY OF TUSTIN REGULAR MARCH 16, 2021 MEETING OF THE CITY COUNCIL VIDEO CONFERENCE Austin Lumbard, Mayor Pro Tem Barry W. Cooper, Council Member Letitia Clark, Mayor Matthew S. West, City Manager Rebecca Gomez, Council Member Erica N.Yasuda, City Clerk Ryan Gallagher, Council Member David E. Kendig, City Attorney MINUTES OF THE CLOSED SESSION MEETING —4:30 p.m. CALL TO ORDER — #2494 at 4:30 p.m. ATTENDANCE — Present: Mayor Letitia Clark, Mayor Pro Tem Austin Lumbard and Council Members Barry W. Cooper, Ryan Gallagher and Rebecca Gomez Absent: None City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager PUBLIC INPUT — None 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 City Council March 16, 2021 Meeting Minutes Page 1 of 8 DocuSign Envelope ID:916C987A-OFA1-4542-92F6-92839E513BC6 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 E. Orange County Water District et al v. 3M Company, et al, Orange County Superior Court Case Number 30-2020-01172419-CU-PL-CXC MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #2494 at 5:34 p.m. PLEDGE OF ALLEGIANCE — Mayor Pro Tem Lumbard PUBLIC INPUT — 1 . None PRESENTATION — Mayor Clark presented a Proclamation to Becky Fire, Executive Director American Red Cross of Orange County, Recognizing Red Cross Month. Ms. Fire provided a PowerPoint presentation on Emergency Preparedness. CLOSED SESSION REPORT—City Attorney David E. Kendig: The Council discussed Items 1, 3B and 3C. There is no reportable action, however the Council will reconvene after open session to discuss Item 1. CONSENT CALENDAR ITEMS 1-8 Public Input—The Kennedy Commission (Item No. 5). The correspondence was distributed to the Council on March 16th It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gomez to approve the Consent Calendar as recommended by staff. Roll Call — City Clerk Motion carried: 5-0 City Council March 16, 2021 Meeting Minutes Page 2 of 8 DocuSign Envelope ID:916C987A-OFA1-4542-92F6-92839E513BC6 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Motion: That the City Council waived reading in full of all ordinances and resolutions on the agenda and declared 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. Motion: The City Council approved 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 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. Motion: The City Council approved 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. Motion: The City Council: 1 . Adopted 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. Authorized 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 City Council March 16, 2021 Meeting Minutes Page 3 of 8 DocuSign Envelope ID:916C987A-OFA1-4542-92F6-92839E513BC6 (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 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. Motion: The City Council: 1. Authorized staff to forward the General Plan Annual Report to the State Office of Planning and Research and HCD; and 2. Received and filed 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. City Council March 16, 2021 Meeting Minutes Page 4 of 8 DocuSign Envelope ID:916C987A-OFA1-4542-92F6-92839E513BC6 Motion: The City Council: 1. Had second reading by title only and adoption of Ordinance No. 1512; and 2. Adopted 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 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. Motion: The City Council, as the governing body of the City of Tustin, and acting in their role as the Tustin Housing Authority Commissioner authorized 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. Motion: The City Council received and filed the legislative matrix. REGULAR BUSINESS ITEMS 9-10 City Council March 16, 2021 Meeting Minutes Page 5 of 8 DocuSign Envelope ID:916C987A-OFA1-4542-92F6-92839E513BC6 9. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) City Attorney David E. Kendig provided a brief verbal update. 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. It was moved by Mayor Pro Tem Lumbard and seconded by Mayor Clark to adopt Resolution No. 21-20 Determining the Need to Continue the Local Emergency Regarding Novel Coronavirus (COVID-19) and direct staff to return at the next meeting with statistics on the efforts of education and areas the City is having problems, the number of complaints and options for the Council to consider to lessen the ticketing. Roll call — City Clerk Motion carried: 5-0 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) 10. FIVE YEAR STRATEGIC PLAN — MIDPOINT PROCESS OVERVIEW Assistant City Manager Nicole Bernard provided a PowerPoint presentation. 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. The City Council unanimously received and filed the midpoint process overview. COUNCILMEMBER COMMENTS AND REPORTS Council Member Gallagher March 3 Attended the Orange County Sanitation District (OCSD) Operations Committee meeting; voted and approved a $220 million contract for a Headworks Rehabilitation project; the Engineer estimated the project at $290 million; a difference of $70 million; will update on any change orders; huge savings for rate payers. City Council March 16, 2021 Meeting Minutes Page 6 of 8 DocuSign Envelope ID:916C987A-OFA1-4542-92F6-92839E513BC6 March 5 Attended the Water Advisory Committee of Orange County (WACO) meeting; had a presentation on the Wetland Conservation in the San Joaquin Valley Council Member Gomez March 4 Attended the Senior Center Advisory Board meeting; highlighted the following activities which occurred at the Senior Center: • Santa Ana Tustin Rotary Club and Anthem Blue Cross sponsored a Valentine's Day Drive-Thru event; cupcakes and Martinelli's Sparkling Cider was distributed to about 120 senior citizens; • Valentines from the Red Hill Lutheran students were distributed to the senior citizens; • Food Distribution is still being held for those in need; • Every 2nd and 4th Wednesdays of the month Drive-Thru Bingo is being held at 11:30 AM; city staff continues to engage Tustin's senior citizens with activities conducted in a remote environment; • City staff has been working with Families Together of Orange County to schedule COVID-19 vaccinations; about 500 vaccinations were distributed weekly, believes the vaccinations has increased per week; this includes local teachers and senior citizens since February 2, 2021 ; very accommodating and efficient. March 5 Attended a tour of the Families Together of Orange County clinic; provides medical and dental services to the community; was able to observe the vaccination process and saw many Tustin teachers receiving their COVID-19 vaccinations; Families Together of Orange County is working with the Tustin Chamber of Commerce to vaccinate local food workers; great opportunity to recognize Families Together of Orange County and support them for the great job within our community. Council Member Cooper No report. Mayor Pro Tem Lumbard March 11 • Attended the Transportation Corridor Agencies (TCA) Foothill/ Eastern Special Meeting of the Board of Directors; discussed pending legislation and upcoming legislation. • Attended the Transportation Corridor Agencies (TCA) Joint Meeting of the Board of Directors on the Foothill Eastern Board; discussed pending legislation and upcoming legislation. Two bills that are circulating could require increased transparency and access to all public meetings; City of Tustin does a great job of having meetings available online and having City Council March 16, 2021 Meeting Minutes Page 7 of 8 DocuSign Envelope ID:916C987A-OFA1-4542-92F6-92839E513BC6 the call-in function; some state laws are considering translation services; more updates to come as the bills circulate. Wished everyone a Happy St. Patrick's Day. Mayor Clark March 4 Attended the Southern California Association of Governments (SCAG) Special Joint Meeting of the Policy Committees; had a presentation on wealth gaps between the minority community and other communities; was an interesting presentation by a University of Southern California professor. Attended meetings with other colleagues around Orange County; met with City of La Palma's Council Member, Marshall Goodman; City of Santa Ana's Mayor, Vincente Sarmiento; City of Costa Mesa's Mayor, Katrina Foley; and California Senator, Dave Min, regarding upcoming state legislation the City is following; as stated by Mayor Pro Tem Lumbard, we are knee-deep in the state legislative session; the City of Tustin is following bills that could have an impact on the Tustin community; is grateful for the counsel of Public Affairs for their guidance through this process. Wished everyone a Happy Women's History Month; the City of Tustin has had 6 women on the Tustin City Council since beginning of the City of Tustin; including the two women currently seated on the City Council; Happy Women's History Month to Council Member Gomez and all former women City Council Members. Recessed to Closed Session at 6:19 p.m. Reconvened at 6:59 p.m. Closed Session Report — David E. Kendig: The Council took no reportable action. ADJOURNED at 6:59 p.m. 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. DocuSigned by: DocuSigned by: 1!F�A 111-1... LETITIA CLARK, ERICA N. A, Mayor City Clerk City Council March 16, 2021 Meeting Minutes Page 8 of 8