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Home My WebLink About00 CC AGENDA 4.20.21 CITY OF TUSTIN REGULAR APRIL 20, 2021 1 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 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. City Council April 20, 2021 Meeting Agenda Page 1 of 11 You can also join via the Zoom app on your smartphone or tablet, or in a web 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. City Council April 20, 2021 Meeting Agenda Page 2 of 11 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 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 — #2496 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) A. Consideration of code enforcement options involving maintenance of Sears/former Anzar Gallery property near Tustin Ranch Road and Bryan Ave 3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION 0 case) 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 April 20, 2021 Meeting Agenda Page 3 of 11 4. LABOR NEGOTIATIONS — [Government Code § 54957.6]: Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization- Tustin Municipal Employees Association TMEA Employee Organization- Tustin Police Officers Association—Management Unit TPMA Employee Organization- Tustin Police Officers Association—Officer Unit TPOA Employee Organization: Tustin Police Support Services Management Association (TPSSMA) Employee Organization- Tustin Police Support Service Association TPSSA Employee Organization: Unrepresented Confidential Employees Employee Organization: Unre resented Supervisory Employees Employee Organization: Unrepresented Executive Management and Management Employees Employee Organization- Unrepresented Part-Time Employees REGULAR MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #2496 INVOCATION - Fr. Bao Thai, St. Cecilia Church PLEDGE OF ALLEGIANCE — Council Member Ryan Gallagher 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. PRESENTATIONS - o Proclamation Recognizing Fair Housing Month - Case Analyst, Sindy Guzman o OC Human Relations Annual Report - Gurpreet Singh Ahuja, MD, FAAP 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 City Council April 20, 2021 Meeting Agenda Page 4 of 11 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 APRIL 6, 2021. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on April 6, 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 $827,860.81 and $825,734.99; and Demands in the amount of $2,516,197.46. 4. POLICE DEPARTMENT VEHICLE PURCHASE One (1) Police Department motorcycle, and one (1) Police Department unmarked vehicle need replacement. The Department has determined the need to purchase one (1) BMW Police - packaged motorcycle, and one (1) Jeep Cherokee unmarked administrative vehicle. Additionally, there will be a need to award a contract for police equipment conversion work for the newly purchased police units. Recommendation: It is recommended the City Council authorize: 1 . The purchase of one (1) 2021 BMW R1250RT-P police motorcycle from Iry Seaver Motorcycles in Orange, California in the amount of $28,623.89 (including tax, license fees, delivery, and police equipment installation). 2. The purchase of one (1) 2021 Jeep Grand Cherokee vehicle from Elk Grove Automotive in Elk Grove, California in the amount of$56,645.00 (including tax, license, fees, and delivery). 3. The purchase of police equipment conversion package for one (1) Jeep Grand Cherokee from Hi-Standard Automotive in the City of Orange, California in the amount of $5,711 .45. 4. The Public Works Department will dispose of the retired surplus vehicles at the next public auction, and credit the net proceeds to the applicable City Revenue Fund. City Council April 20, 2021 Meeting Agenda Page 5 of 11 5. ADOPT RESOLUTION NO. 21-25 DECLARING THE INTENTION TO FORM THE TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2021 REPLACING THE EXISTING TUSTIN LANDSCAPE AND LIGHTING DISTRICT The Tustin Landscape and Lighting District was formed in 1985 to fund the maintenance of perimeter landscaping on the arterial highways and for the operation and maintenance of street lighting on public streets within the Tustin Ranch area. Assessments for the benefiting properties were first confirmed for Fiscal Year 1985- 1986 and each fiscal year thereafter. Assessments collected through the District do not cover the cost of maintenance. Surplus bond funds have been used since Fiscal Year 2009-2010, as allowed by the California Streets and Highways Code, to fully fund annual maintenance needs within the District boundaries. The surplus funds are nearly exhausted and a new Tustin Landscape and Lighting Reassessment District 2021 will need to be formed to ensure annual revenue is not less than expenses. At the April 6, 2021 meeting, the City Council ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting Reassessment District 2021 . Recommendation: It is recommended that the City Council adopt Resolution No. 21-25 declaring the intention to form Tustin Landscape & Lighting Reassessment District 2021 replacing the existing district as of Fiscal Year 2021-2022 and to levy assessments commencing with Fiscal Year 2021-2022, accepting and approving the Engineer's Report, ordering a property owner official assessment ballot proceeding, and setting a Public Hearing for June 15, 2021 . RESOLUTION NO. 21-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO FORM TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2021 AND TO LEVY ASSESSMENT COMMENCING WITH FISCAL YEAR 2021-2022; ACCEPTING AND APPROVING THE ENGINEER'S REPORT; TO CONDUCT A PROPERTY OWNER OFFICIAL ASSESSMENT BALLOT PROCEEDING ON THE MATTER OF THE NEW ASSESSMENTS; AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS 6. AUTHORIZATION TO ABANDON AND DESTROY TUSTIN AVENUE WELL The Water Enterprise owns and operates the Tustin Avenue Well site located at 1822 N. Tustin Avenue, Santa Ana, California. The well was drilled in 1952 and has consistently and reliably served the Tustin Water Service customers for the last 70 years. In October 2020, the well was taken out of service for water quality concerns associated with groundwater basin impacts related to Pre- and Polyfluoroalkyl (PFAS). Wellhead treatment and centralized well treatment have been determined to be infeasible and it is recommended the well be properly abandoned. Recommendation: It is recommended that the City Council authorize the abandonment of the Tustin Avenue Well. City Council April 20, 2021 Meeting Agenda Page 6 of 11 7. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2021-2022 ASSESSMENTS At the April 6, 2021 meeting, the City Council ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report has now been completed and is ready for City Council approval. Additionally, it is requested that the City Council declare its intention to levy annual assessments and set a public hearing for June 15, 2021 . Recommendation: It is recommended that the City Council: 1 . Adopt Resolution No. 21-26 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2021-2022; and 2. Adopt Resolution No. 21-27 declaring its intention to levy annual assessments for Fiscal Year 2021-2022 and setting a public hearing for June 15, 2021 . RESOLUTION NO. 21-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2021- 2022 RESOLUTION NO. 21-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2021-2022 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF 8. A RESOLUTION WAIVING NOTIFICATION REQUIREMENTS OF GOVERNMENT CODE SECTION 25351 FOR A PROPOSED OC SHERIFF FACILITY AT 1382 BELLAVENUE The County of Orange, Sheriff-Coroner, (OC Sheriff), has requested that the City Council waive the 60-day notification period required by California Government Code Section 25351 related to the County's proposed lease of the building at 1382 Bell Avenue for its Technology Division and Emergency Call Center. On April 13, 2021 , the Planning Commission adopted Resolution No. 4424 determining that the proposed location for lease of approximately 120,000 square feet of industrial office space for the County of Orange, Sheriff-Coroner's Technology Division and Emergency Call Center, located at 1382 Bell Avenue, is in conformance City Council April 20, 2021 Meeting Agenda Page 7 of 11 with the City of Tustin (the City) General Plan. APPLICANT: COUNTY OF ORANGE, SHERIFF-CORONER PROPERTY OWNER: GVI-SW BELL AVE OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY Recommendation: That the City Council adopt Resolution No. 21-28, waiving the notification requirements of California Government Code Section 25351 regarding the proposed lease of property by the County of Orange, Sheriff-Coroner, and finding the lease consistent with the City's General Plan. RESOLUTION NO. 21-28 A RESOLUTION OF THE CITY COUNCIL WAIVING NOTIFICATION REQUIREMENTS OF CALIFORNIA GOVERNMENT CODE SECTION 25351 REGARDING THE PROPOSED LEASE OF PROPERTY AT 1382 BELL AVENUE BY THE COUNTY OF ORANGE, SHERIFF-CORONER. 9. LEGISLATIVE UPDATE Staff and the City's consultant (Townsend Public Affairs) have prepared a summary of state legislative activity. Recommendation: 1 . Take a SUPPORT position on AB 14 (Aguiar-Curry) Communications: broadband services: California Advanced Services Fund 2. Take an OPPOSE UNLESS AMENDED position on AB 59 (Gabriel) Mitigation Fee Act: fees: notice and timelines 3. Take an OPPOSE UNLESS AMENDED position on AB 377 (Rivas) Water quality: impaired waters 4. Take a SUPPORT position on AB 1403 (Levine) Emergency services 5. Take an OPPOSE UNLESS AMENDED position on AB 1434 (Friedman) Indoor residential water use standards 6. Take a SUPPORT position on SB 4 (Gonzalez) Communications: California Advanced Services Fund 7. Take a SUPPORT position on SB 52 (Dodd) State of emergency: local emergency: sudden and severe energy shortage: planned power outage 8. Take a SUPPORT position on SB 619 (Laird) Organic waste: reduction regulations City Council April 20, 2021 Meeting Agenda Page 8 of 11 9. Take a SUPPORT position on SB 623 (Newman) Electronic toll and transit fare collection systems 10.Receive and file the updated legislative matrix as of April 9 10. ADJUST START TIME OF REGULAR CITY COUNCIL MEETINGS Consider adopting Resolution 21-29 to adjust the start time of regular meetings of the Tustin City Council from 5:30 p.m. to 6:00 p.m. Recommendation: That the City Council adopt Resolution 21-29 to establish a 6:00 p.m. start time for the open session regular meetings of the City Council. Closed session meetings would continue to start at 4:30 p.m. RESOLUTION NO. 21-29 A RESOLUTION APPROVING A MODIFIED SCHEDULE OF REGULAR MEETINGS OF THE CITY COUNCIL PUBLIC HEARING ITEM 11 11. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE YEAR ACTION PLAN FOR PROGRAM YEAR 2021-22 AND AMENDMENT TO 2020-21 ACTION PLAN The Housing and Community Development Act of 1974, as amended, established the Community Development Block Grant (CDBG) program to return federal funds to local communities for the purpose of developing viable urban communities by providing decent housing, suitable living environments, and by expanding economic opportunities, specifically for low and moderate-income persons. To participate in the CDBG program, the City is required to prepare a Consolidated Plan that identifies needs for affordable and supportive housing, community development, public services, and economic opportunities. The Consolidated Plan is required every five years, and was most recently adopted on April 21 , 2020. Annually, the City is also required to prepare a one year Action Plan that implements the goals and objectives contained in the Consolidated Plan. The proposed 2021-22 Action Plan set forth in Resolution No. 21-22 (Attachment A) fulfills this annual requirement. On February 16, 2021 , the Tustin City Council held a public hearing for the 2021-22 Action Plan preparation process. The purpose of the hearing was to inform interested citizens about the CDBG program, obtain citizens' views on CDBG priorities, and receive a report on the performance of the current public service CDBG fund recipients (also known as non-profit subrecipients). During this meeting, the City Council recommended continued funding to all twelve (12) existing non-profit subrecipients. The City of Tustin is also proposing to amend its current 2020-21 Action Plan, reallocating CDBG funds from an activity which is now complete, and no longer being funded by CDBG (Peppertree Park Improvements project), to an existing activity City Council April 20, 2021 Meeting Agenda Page 9 of 11 which would allow the City to utilize these funds to prevent, prepare for, or respond to COVID-19 (Emergency Response Funding project). Recommendation: That the City Council adopt Resolution No. 21-22: 1 . Approving the Program Year(PY)2021-22 Action Plan and funding allocations totaling $804,893; authorize submission of the PY 2021-22 Action Plan to the U.S. Department of Housing and Urban Development (HUD); authorize the Community Development Department to enter into contracts with twelve (12) CDBG subrecipients for public services, non-public services, and fair housing services; and, 2. Amending the 2020-21 Action Plan by reallocating $523,145.00 in CDBG funding to applicable activities in response to the coronavirus. RESOLUTION NO. 21-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ACTION PLAN FOR PROGRAM YEAR 2021-22 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, AND APPROVING AN AMENDMENT TO THE 2020-21 ACTION PLAN FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. REGULAR BUSINESS ITEM 12 12. PROPOSED "HERO PAY" ORDINANCE MANDATING TEMPORARILY INCREASED WAGES FOR GROCERY STORE AND RETAIL DRUG STORE WORKERS Consider first reading of an ordinance mandating a temporary $4 increase in hourly wages for grocery and retail drug store workers for a four-month period, or alternatively to adopt a resolution encouraging stores to establish a temporary increase in wages. Recommendation: That the City Council either: 1 . Conduct first reading by title only of Ordinance No. 1513 in the form attached hereto that would establish a temporary increase in wages for grocery store and retail drug store employees for a 120-day period, and direct staff to place the item on the next regular session Council agenda for consideration for adoption; or 2. Adopt attached Resolution 21-30 Encouraging Grocery Stores and Retail Drug Stores to Temporarily Increase Wages for Employees During the Covid-19 Pandemic; or 3. Take no action. City Council April 20, 2021 Meeting Agenda Page 10 of 11 ORDINANCE NO. 1513 AN ORDINANCE OF THE CITY OF TUSTIN ESTABLISHING TEMPORARY PREMIUM PAY FOR GROCERY WORKERS RESOLUTION NO. 21-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ENCOURAGING GROCERY STORES AND RETAIL DRUG STORES TO TEMPORARILY INCREASE WAGES FOR EMPLOYEES DURING THE COVID-19 PANDEMIC OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, May 4, 2021 for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 5:30 p.m. (tentatively 6:00 p.m. if Resolution No. 21-29 is adopted on April 20, 2021) City Council April 20, 2021 Meeting Agenda Page 11 of 11