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Home My WebLink About00 CC AGENDA 7.20.21CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL HOUSING AUTHORITY AND LOCAL REUSE AUTHORITY Austin Lumbard, Mayor Pro Tem Barry W. Cooper, Council Member Rebecca Gomez, Council Member Ryan Gallagher, Council Member JULY 20, 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. City Council July 20, 2021 Meeting Agenda Page 1 of 9 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 July 20, 2021 Meeting Agenda Page 2 of 9 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 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 OF THE CITY COUNCIL AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY 4:30 p.m. CALL TO ORDER — #3001 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 case) 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] City Council July 20, 2021 Meeting Agenda Page 3 of 9 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: Unrepresented Supervisory Employees Employee Organization: Unrepresented Executive Management and Management Employees Employee Organization: Unrepresented Part-Time Employees REGULAR MEETING OF THE CITY COUNCIL/TUSTIN HOUSING AUTHORITY 6:00 P.M. CALL TO ORDER — #3001 INVOCATION - Rev. Tim Ellington, Aldersgate Methodist Church PLEDGE OF ALLEGIANCE — Council Member Gomez 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 speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 1 through 7) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA City Council July 20, 2021 Meeting Agenda Page 4 of 9 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 JUNE 15, 2021 AND THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL HELD ON JULY 9, 2021. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on June 15, 2021 and the Special Closed Session Meeting of the City Council held on July 9, 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 $898,890.67 and $967,261.46; and Demands in the amount of $6,532,576.37. 4. FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH FAMILY PROMISE OF ORANGE COUNTY, INC. FOR 1941 EL CAMINO REAL Request for approval of the First Amendment to the Disposition and Development Agreement (DDA) between the City of Tustin (City), Tustin Housing Authority (Housing Authority) and Family Promise of Orange County, Inc. (Family Promise) for the transitional housing project located at 1941 EI Camino Real. Recommendation: Authorize the City Manager and Housing Authority Executive Director to execute the First Amendment to the DDA between the City, Housing Authority and Family Promise of Orange County, Inc., subject to any non -substantive modifications as may be deemed necessary and/or recommended by the City Attorney. 5. PROJECT FUNDING FOR THE ASSEMBLY BILL 2766 (MOTOR VEHICLE REGISTRATION SUBVENTION) FUNDING PROGRAM The City Council authorizes the use of the City's disbursement of Assembly Bill (AB) 2766 funds to offset costs for State mandated vehicle emission reduction programs implemented by the City of Tustin. This year, the City Council is being requested to allocate the projected AB 2766 disbursements for Fiscal Year (FY) 2020/2021 and FY 2021/2022 to fund the purchase of five (5) electric and/or hybrid vehicles and electric vehicle charging infrastructure. City Council July 20, 2021 Meeting Agenda Page 5 of 9 Recommendation: That the City Council approve a supplemental appropriation in the amount of $199,875 and authorize the use of the City's projected AB 2766 disbursements for FY 2020/2021 and FY 2021/2022 to fund the purchase of five (5) electric and/or hybrid vehicles and electric vehicle charging infrastructure. 6. TUSTIN LANDSCAPE & LIGHTING REASSESSMENT DISTRICT 2021 BALLOT TABULATION RESULTS All property owners in the boundary of the Tustin Landscape & Lighting Reassessment District 2021 (Reassessment District 2021) were provided an opportunity to vote their support or opposition to forming the new district which would fully fund current maintenance services. Ballots were only counted if received prior to the close of the Public Hearing on June 15, 2021. Ballot tabulation began immediately following the Public Hearing and final results were available the following day. This report serves as official notification to the Tustin City Council and community that the Tustin Landscape & Lighting Reassessment District 2021 did not garner enough property owner support to be formed. The Tustin Landscape and Lighting District will remain in effect and approved assessments will be collected by the Orange County Tax Collector on property tax bills and remitted to the City. Recommendation: It is recommended that the City Council receive and file this report. 7. MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION Adoption of the attached Resolution and Memorandum of Understanding (MOU) will authorize terms and conditions of employment for employees in classifications represented by the Tustin Municipal Employees Association (TMEA) in accordance with City Council direction. Recommendation: It is recommended that the City Council adopt Resolution No. 21-57 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TMEA for the period of July 1, 2021 through June 30, 2024. RESOLUTION NO. 21-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT PUBLIC HEARING ITEMS 8-10 City Council July 20, 2021 Meeting Agenda Page 6 of 9 8. ADOPTION OF A RESOLUTION ESTABLISHING A COMPREHENSIVE FEE SCHEDULE The City recently completed a Comprehensive User Fee Study to determine the current cost of providing services and to ensure that user fees and charges do not exceed the costs of providing services. Industry best practices recommend that a comprehensive review of cost of services and fees be performed every three to five years. The City's user fees and charges have not been updated since 2008, and as a result, costs have increased over time while user fees and charges have remained unchanged. On May 24, 2021, a study session was held with the City Council to review the User Fee Study and to provide an opportunity for public input on the recommended fees. At this time, it is recommended that the City Council proceed with a public hearing to consider adoption of the recommend fees, which are proposed to take effect on October 1, 2021. Recommendation: 1. Conduct a public hearing on the proposed adoption of an update to the City's Comprehensive Fee Schedule; and, 2. Adopt Resolution No. 21-54, Establishing and Adopting Updated Development Processing Fees and Other City Rates, Charges, and User Fees for Various Government Services. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING AND ADOPTING UPDATED DEVELOPMENT PROCESSING FEES AND OTHER CITY RATES, CHARGES, AND USER FEES FOR VARIOUS GOVERNMENT SERVICES 9. ZONE CHANGE (ZC) 2020-0001 This project includes a proposed zone change for the property located at 1382 Bell Avenue, from Planned Community Industrial (PC -IND) to Planned Community Industrial (PC-IND/BUS) District, and a request to apply Tustin City Code (TCC) parking standards for offices exceeding 25,000 square feet. This zone change would allow professional and general offices and all other permitted land uses in the PC - IND District. The modification to parking requirements would provide greater flexibility for prospective office tenants within this planned community district by updating the district's parking requirements to match current TCC parking standards. No construction is proposed in conjunction with this project. On June 8, 2021, the Planning Commission adopted Resolution Nos. 4429 and 4430, recommending that the City Council approve the proposed requests. APPLICANT: SETH HIROMURA STEELWAVE, LLC 3335 SUSAN ST #250 COSTA MESA, CA 92626 City Council July 20, 2021 Meeting Agenda Page 7 of 9 PROPERTY STEVE BENOS OWNER: GVI-SW BELL OWNER, LLC 900 N. MICHIGAN AVE #1450 CHICAGO, IL 60611 Recommendation: That the City Council: Adopt Resolution No. 21-56 adopting the Final Negative Declaration as adequate for ZC 2020-0001; and, 2. Introduce and have first reading, by title only of Ordinance No. 1514 approving ZC 2020-0001, to rezone the property located at 1382 Bell Avenue from Planned Community Industrial (PC -IND) to Planned Community Industrial/Business (PC-IND/BUS) and to apply TCC parking standards for offices exceeding 25,000 square feet to the PC-IND/BUS district; and set a second reading at the August 3, 2021, meeting. RESOLUTION NO. 21-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING THE NEGATIVE DECLARATION FOR ZONE CHANGE 2020-0001 TO CHANGE THE ZONING DESIGNATION OF 1382 BELL AVENUE FROM PLANNED COMMUNITY INDUSTRIAL (PC -IND) TO PLANNED COMMUNITY INDUSTRIAL/BUSINESS (PC-IND/BUS) AND TO APPLY CITY CODE PARKING STANDARDS FOR OFFICES EXCEEDING 25,000 SQUARE FEET. ORDINANCE NO. 1514 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE 2020-0001 TO CHANGE THE ZONING DESIGNATION OF 1382 BELL AVENUE FROM PLANNED COMMUNITY INDUSTRIAL (PC -IND) TO PLANNED COMMUNITY INDUSTRIAL/BUSINESS (PC-IND/BUS) AND TO APPLY CITY CODE PARKING STANDARDS FOR OFFICES EXCEEDING 25,000 SQUARE FEET 10. AMENDMENT TO THE 2016-17,2018-19 AND 2020-21 ACTION PLANS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The Federal Housing and Community Act of 1974, as amended, created the CDBG program to return federal funds to local communities for the purpose of developing viable urban communities by providing adequate housing and a suitable living environment and by expanding economic opportunities, specifically for low- and moderate -income persons. Grants are awarded to communities to carry out a wide range of community development activities directed toward neighborhood revitalization, economic development, and the provision of improved community facilities and services. Federal Law related to CDBG programs indicates that HUD will consider an entitlement recipient (City) to be failing to carry out its CDBG activities in a timely City Council July 20, 2021 Meeting Agenda Page 8 of 9 manner if, sixty (60) days prior to the end of the current program year, the amount of entitlement grant funds available is more than 1.5 times the entitlement grant amount for the current program year. In order to meet the timeliness threshold required by HUD, the City would need to spend its allocation expeditiously. As such, the Community Development Department is proposing to amend the 2016-17, 2018-19 and 2020-21 Action Plans by reallocating funds from old activities to the Pine Tree Park Improvements project, which is anticipated to progress during the current 2021- 22 Program Year. Recommendation: That the City Council adopt Resolution No. 21-53 amending the Community Development Block Grant (CDBG) Action Plan for Program Years 2016- 17, 2018-19 and 2020-21 to transfer unspent CDBG funds to the Pine Tree Park Improvements project, which is anticipated to progress during the current 2021-22 Program Year. RESOLUTION NO. 21-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENTS TO THE 2016-17, 2018-19 AND 2020-21 ACTION PLANS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SUBMISSION OF THE AMENDMENTS TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, August 3, 2021 for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. City Council July 20, 2021 Meeting Agenda Page 9 of 9