HomeMy WebLinkAbout00 CC AGENDA 6.1.21 CITY OF TUSTIN REGULAR JUNE 1, 2021
MEETING OF THE CITY COUNCIL . VIDEO CONFERENCE
HOUSING AUTHORITY AND LOCAL
REUSE AUTHORITY
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
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1. PARTICIPATING DURING A MEETING
Community members who wish to verbally address the City Council during a
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ASSISTANCE DURING THE MEETING
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City Council June 1, 2021
Meeting Agenda Page 1 of 9
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Meeting ID: 940 8640 1921
Passcode- 600222
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identify you when it is your time to speak. We suggest installing and testing the
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Meeting ID: 940 8640 1921
Passcode- 600222
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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.
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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.
REGULAR MEETING OF THE CITY COUNCIL, TUSTIN HOUSING AUTHORITY,
AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE
AUTHORITY
CLOSED SESSION MEETING —4:30 p.m.
CALL TO ORDER — #2499
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 —ANTICIPATED LITIGATION (1 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.
4. LABOR NEGOTIATIONS — [Government Code § 54957.6]
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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
5. LIABILITY CLAIMS — [Government Code § 54956.95]: (2 cases)
A. Claim of Ruth Mulnard, Claim No. 21-08
B. Claim of Tustin Ranch Shadowbrook Homeowners Association, Claim No. 21-09
6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to
Government Code § 54956.9(d)(1): (2 cases)
A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action
No. SA CV 18-00155 DOC JDE
B. 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, TUSTIN HOUSING AUTHORITY,
AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE
AUTHORITY
6:00 P.M.
CALL TO ORDER — #2499
INVOCATION - Pastor Fred Snider, Grace Harbor Church
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.
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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 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 MAY 18, 2021 AND THE STRATEGIC PLAN WORKSHOP OF THE CITY
COUNCIL HELD ON MAY 12, 2021.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on May 18, 2021 and the Strategic Plan Workshop
of the City Council held on May 12, 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 $864,879.35; and Demands in the amount of $3,942,470.22.
4. ADOPT RESOLUTION NO. 21-35 APPROVING PROJECT LIST TO BE
SUBMITTED TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR SB1
FUNDING FOR FISCAL YEAR 2021/22
In order to be eligible to receive new funding under Senate Bill 1 (SB1), the City is
required to submit a Project List to the California Transportation Commission (CTC)
no later than July 1 , 2021 .
Recommendation: Staff recommends the City Council:
1 . Adopt Resolution No. 21-35 identifying projects to be submitted to the
California Transportation Commission for SB 1 funding; and
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2. Direct staff to submit the Project List to the California Transportation
Commission on behalf of the City.
RESOLUTION NO 21-35
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2021-22
FUNDED BY SB 1 : THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
5. CREATIVE SIGNALS PUBLIC ART PROJECT
At their May 19, 2021 , Regular Meeting, the Community Services Commission
recommended to forward a Creative Signals traffic signal cabinet wrap selected by
the Public Art Committee for consideration by the City Council.
Recommendation: It is recommended that the City Council adopt Resolution 21-40
approving the Creative Signals wrap, submitted by artist Michael Norice, to be
installed on the traffic signal cabinet located on the southwest corner of Red Hill
Avenue and Service Road, and authorize the Parks and Recreation Department to
execute an agreement to install the wrap.
RESOLUTION NO. 21-40
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 TO INSTALL THE WRAP
6. THIRD AMENDMENT TO CONTRACTOR SERVICES AGREEMENT —
TEMPORARY SHELTER, INC
The Tustin Housing Authority ("Authority") is seeking authorization to enter into a
Third Amendment to the Contractor Services Agreement ("CSA") with Temporary
Shelter, Inc., to operate the Tustin Temporary Emergency Shelter through June 30,
2022.
Recommendation: It is recommended that the City Council, as the governing body
of the City of Tustin, take the following actions:
1) Authorize the City Manager to execute on behalf of the City the Third
Amendment to the Contractor Services Agreement with Temporary Shelter,
Inc. to operate the Tustin Temporary Emergency Shelter; and,
2) Waive competitive solicitation for this one-year extension, as permitted under
Title 2, Section §200.320(c) of the Code of Federal Regulations, because the
public exigency for this service will not permit a delay resulting from
competitive solicitation due to the circumstances of the public health
emergency and the increase in homelessness.
It is recommended that the City Council, acting in its capacity as the Tustin Housing
Authority Commissioners, take the following actions:
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3) Authorize the City Manager, in his official capacity as Executive Director of the
Tustin Housing Authority, to execute a Third Amendment to the Contractor
Services Agreement with Temporary Shelter, Inc. to operate the Tustin
Temporary Emergency Shelter; and,
4) Waive competitive solicitation for this one-year extension, as permitted under
Title 2, Section §200.320(c) of the Code of Federal Regulations, because the
public exigency for this service will not permit a delay resulting from
competitive solicitation due to the circumstances of the public health
emergency and the increase in homelessness
7. APPROVE FIRST AMENDMENT TO AGREEMENT WITH CR&R
Consider approving an amendment to the City's agreement with CR&R Incorporated
providing a six (6) month extension for program implementation due to difficulties
arising from COVID-19 restrictions.
Recommendation: Staff recommends the City Council approve the First
Amendment to Agreement for the Collection, Transportation, Processing and
Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Wood,
Construction and Demolition Debris and Other Materials and for the Collection,
Transportation and Disposal of Municipal Solid Waste; and authorize the City Clerk
and Mayor to execute the Amendment.
8. APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA GAS
COMPANY OVER PORTIONS OF LOTS 1 - 3, 5 - 10, 12 AND 13 OF TR 18197
SERVING NEIGHBORHOOD D SOUTH AT TUSTIN LEGACY
Ongoing construction of the Brookfield Development in Neighborhood D South at
Tustin Legacy necessitates the provision of easements for gas service to the
development. Underground gas facilities are to be subsequently provided.
Recommendation: It is recommended that the City Council authorize the Mayor to
execute the grant of easement to Southern California Gas ("Gas") as shown on the
attached easement document exhibits for the purposes of installation and
maintenance of the systems as outlined in the attached easement documents; and
authorize the City Manager to approve any future modifications to the proposed
grants of easement which may be necessary to meet the intent of providing said
services to the Brookfield project.
9. CITY OF TUSTIN PROPERTIES WITHIN THE PROPOSED TUSTIN LANDSCAPE
AND LIGHTING REASSESSMENT DISTRICT 2021
Consider submitting ballots in support of forming Tustin Landscape and Lighting
Reassessment District 2021 .
Recommendation: Staff recommends the City Council direct the City Manager to
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complete ballots for City-owned parcels in support of forming Tustin Landscape and
Lighting Reassessment District 2021 and submit ballots to the City Clerk for
tabulation on June 15, 2021 .
PUBLIC HEARING ITEMS 10-12
10. PUBLIC HEARING 2020 WATER SHORTAGE CONTINGENCY PLAN
On April 4, 2017, the City Council adopted Ordinance 1477 amending the Water
Management Plan, Article 4, Chapter 10 of the Tustin, Code of Ordinances. In 2018,
the California Legislature amended the Urban Water Management Planning Act that,
among other things, mandated the adoption of a Water Shortage Contingency Plan
(WSCP) with prescribed elements as part of the Urban Water Management Plan
(UWMP). As a result, staff has developed a 2020 WSCP in conjunction with the 2020
UWMP and upon adoption, will update the Water Management Plan ordinance to
reflect the appropriate changes .
Recommendation: It is recommended that the City Council:
1 . Conduct a Public Hearing for the 2020 Water Shortage Contingency Plan; and
2. Adopt Resolution No. 21-37 approving the 2020 Water Shortage Contingency
Plan.
RESOLUTION NO. 21-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ADOPTING THE 2020 WATER SHORTAGE CONTINGENCY PLAN (WSCP)
11. ADDENDUM TO 2015 URBAN WATER MANAGEMENT PLAN
As recommended by the California Department of Water Resources (DWR) in the
DWR Urban Water Management Plan (UWMP) 2020 Guidebook, each urban water
supplier completing a 2020 UWMP should adopt an addendum to the 2015 UWMP
consistent with the Delta Plan Policy WR P1 , Reduce Reliance on the Delta Through
Improved Regional Water Self-Reliance. The addendum is to be included as an
appendix to the 2020 UWMP.
Recommendation: It is recommended that the City Council:
1 . Conduct a public hearing considering an addendum to the 2015 Urban Water
Management Plan; and
2. Adopt Resolution No. 21-38 approving the addendum to the 2015 Urban
Water Management Plan
RESOLUTION NO. 21-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ADOPTING AN ADDENDUM TO THE 2015 URBAN WATER MANAGEMENT PLAN
12. PUBLIC HEARING 2020 URBAN WATER MANAGEMENT PLAN
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The California Urban Water Management Planning Act of 1983 requires the City to
develop and adopt an Urban Water Management Plan (UWMP) every five years. It
requires urban water suppliers providing water for municipal services of more than
3000 connections or 3000 acre-feet of water production annually, to prepare, conduct
a public hearing, and adopt in accordance with the prescribed requirements of the
Act.
Recommendation: It is recommended that the City Council:
1 . Conduct a public hearing for the 2020 Urban Water Management Plan; and
2. Adopt Resolution No. 21-36 approving the City's 2020 Urban
Water Management Plan
RESOLUTION NO. 21-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ADOPTING THE CITY OF TUSTIN 2020 URBAN WATER MANAGEMENT PLAN
PURSUANT TO CALIFORNIA WATER CODE SECTIONS 10610 THROUGH 10657
REGULAR BUSINESS ITEM 13
13. SUMMARY OF PROJECTS — COMMUNITY DEVELOPMENT & PUBLIC WORKS
DEPARTMENT
The following report provides a summary of projects and activities from the
Community Development and Public Works Department to the Tustin City Council.
The report focuses on the status of projects that the Planning Commission, Zoning
Administrator, or staff approved; major improvement projects; Certificates of
Appropriateness; Code Enforcement activities; and, other items of interest.
Recommendation: That the City Council receive and file this item.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, June 15, 2021 for the Closed
Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
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