HomeMy WebLinkAbout02 CC MINUTES 7.20.21 DocuSign Envelope ID: E8CAAF1 B-5DC4-4FB1-B79D-E9F1 3046CABF
Agenda Item 2
Reviewed: DS
City Manager
Finance Director N/A
CITY OF TUSTIN REGULAR JULY 20, 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
MINUTES OF THE 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 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 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
City Council July 20, 2021
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alleged violation of the California Voting Rights Act.
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
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL/TUSTIN HOUSING
AUTHORITY
6:00 P.M.
CALL TO ORDER — #3001 at 6:17 p.m.
INVOCATION - Rev. Tim Ellington, Aldersgate Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Gomez
PUBLIC INPUT-
1 . John Garay
2. Brandon Martinez (addressed the City Council during the meeting and submitted an
e-mail which was distributed to the City Council)
3. Jacob Cordova (submitted an e-mail which was distributed to the City Council)
4. Alexandra Conley (submitted an e-mail which was distributed to the City Council)
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council gave
direction to its labor negotiators. Other than that, there was no reportable action. The City
Council will reconvene to Closed Session following the conclusion of Open Session.
City Council July 20, 2021
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CONSENT CALENDAR ITEMS 1-7 — 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
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
Motion: 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 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.
Motion: The City Council approved 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.
Motion: The City Council approved 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.
Motion: Authorized 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.
City Council July 20, 2021
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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.
Motion: The City Council approved 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.
Motion: The City Council received and filed 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.
Motion: The City Council adopted 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
City Council July 20, 2021
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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
8. ADOPTION OF A RESOLUTION ESTABLISHING A COMPREHENSIVE FEE
SCHEDULE
PowerPoint presentation by Director of Finance Jason AI-Iman and Consultant Tony
Thrasher.
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 .
Public Hearing opened at 6:39 p.m.
Public Input— None
Public Hearing closed at 6:40 p.m.
It was moved by Council Member Gomez and seconded by Mayor Pro Tem Lumbard
to adopt Resolution No. 21-54, Establishing and Adopting Updated Development
Processing Fees and Other City Rates, Charges, and User Fees for Various
Government Services.
Roll Call — City Clerk
Motion carried: 5-0
RESOLUTION NO. 21-54
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
City Council July 20, 2021
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9. ZONE CHANGE (ZC) 2020-0001
PowerPoint presentation by Senior Planner Samantha Beier
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
PROPERTY STEVE BENOS
OWNER: GVI-SW BELL OWNER, LLC
900 N. MICHIGAN AVE #1450
CHICAGO, IL 60611
Public Hearing opened at 6:56 p.m.
Public Input— None
Public Hearing closed at 6:59 p.m.
It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Cooper
to approve the following:
1. 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.
Roll Call — City Clerk
Motion carried: 5-0
City Council July 20, 2021
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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
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.
Public Hearing opened at 7:00 p.m.
Public Input— None
Public Hearing closed at 7:01 p.m.
It was moved by Council Member Gomez and seconded by Mayor Pro Tem Lumbard
to adopt Resolution No. 21-53 amending the Community Development Block Grant
City Council July 20, 2021
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(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.
Roll Call — City Clerk
Motion carried: 5-0
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.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Gallagher
June 23
Attended the Orange County Sanitation District (OCSD) Board of Directors meeting.
July 7
Attended the Orange County Sanitation District (OCSD) Operations Committee meeting.
July 12
Attended the Orange County Sanitation District (OCSD) Legislative and Public Affairs
Committee meeting; discussed the large expansion of the Ground Water Replenishment
System (GWRS); reported everything is on schedule and on budget; this is an exciting and
innovative project for Orange County.
July 16
Attended the Movies in the Park event; thanked Director of Parks and Recreation, Chad W.
Clanton; Recreation Coordinator, Stephanie Finn and the Parks and Recreation staff for a
great event; was great to see so many people in attendance and everyone was excited to
be there; congratulated the Parks and Recreation Department on a great job.
Council Member Gomez
June 17
Attended the Orange County Mosquito and Vector Control meeting; a presentation on the
West Nile virus and the sterile insect techniques was given to help reduce the mosquito
population; discussed public outreach on various programs and the customer service
training for staff.
June 18
Attended the Orange County Department of Education Alternative, Community, and
City Council July 20, 2021
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Correctional Education Schools and Services (ACCESS) Commencement Ceremony at
Mariners Church.
June 28
Attended the retirement party for Tustin Unified School District's Chief Personnel Officer,
Dr. Charles Lewis and Communications Director, Mark Eliot; Mayor Pro Tem Lumbard
presented the City's Proclamation to Dr. Charles Lewis; she presented the City's
Proclamation to Communications Director, Mark Eliot; thanked Dr. Charles Lewis and Mark
Eliot for their service to the schools, students and families.
July 1
Attended the Senior Advisory Board meeting; announced the Tustin Senior Center has
started reopening some of their activities; as seniors go to the Senior Center, staff continues
to gather contact information in order to follow up with the seniors on their activities; the
Tustin Senior Center continues to provide food services to seniors who may have food
insecurities.
July 2
Attended the Tustin Meadows Ice Cream Social event.
July 3
Volunteered at the Tustin Meadows Pancake Breakfast event.
July 4
• Attended the Tustin Meadows Fourth of July Parade event.
• Attended the Parks and Recreation Fourth of July Fireworks Show at Tustin High
School; thanked Parks and Recreation for putting on a fun and well-organized event;
was a great event for the City Council and the community.
July 9
Attended the Orange County Emergency Medical Care Committee (EMCC) meeting; the
following topics were discussed:
o Coronavirus vaccine efforts; reported the vaccine efforts are currently going well; the
County of Orange has closed most of the super sites and is focusing on the smaller
venues and mobile pods for the Coronavirus vaccinations; several organizations are
working with the County to help set up the mobile clinics to distribute the Coronavirus
vaccine;
o The Emergency Diversion Report, which is the ambulance diversion; reported
numbers were slightly higher in December 2020 and January 2021 at the end of the
Coronavirus surge and has come to reflect normal patterns in the most recent report;
o OC Meds Analytics, a new program that reports data on ambulance and hospital
times, non-identifiable patient registry information and more;
o Hoag Health Center Irvine; which is now providing obstetrician services and
maternity services;
o Ambulance rates during the annual review; which increased due to minimum wage
increase according to the consumer price index;
o Updated list of emergency medical providers for the County of Orange, some
City Council July 20, 2021
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providers are no longer serving the County;
o Anaheim Global Medical Center; which is no longer providing obstetric services and
are now removed as a cardiovascular receiving center;
o Updated standing orders on ambulance services and what staff can do as
recommended by the American Heart Association as well as the new state
mandates.
July 14
• Attended the Orange County (OC) Equity Map Kick Off event; Orange County is
taking a data-driven approach to addressing inequality and resource disparities; OC
Equity Map is a mapping tool that monitors Orange County's health and social gaps,
such as education, housing, food, personal safety, health and wellness,
environmental quality, and more; this data tool allows anyone to view by city, zip
code, neighborhood and by component in the index.
• Attended the Orange County Mosquito and Vector Control Policy and Personnel
Committee meeting; discussed revised job descriptions.
July 15
Attended the Orange County Mosquito and Vector Control Board meeting; discussed the
annual aerial pool survey to evaluate the presence and abatement of insects and
mosquitoes; announced homeowners with murky and algae pools that need care will
receive a letter to address the issue; point of reference, there's 8,500 pools in the data base.
Council Member Cooper
No report.
Mayor Pro Tem Lumbard
June 16
Attended the Newport Bay Watershed Executive Committee meeting; discussed invasive
and non-native algae discovered in the Newport Bay; reported there was desire to eradicate
the algae; however there have been discoveries that the algae is necessary for plant life.
June 17
Attended the world's largest swim lesson at Blue Buoy Swim School; great to have the event
back in-person; reminded everyone to stay aware about water safety.
June 23
Attended the Tustin Boys and Girls Club Golf Tournament at the Tustin Ranch Golf Course;
many community members were in attendance.
June 24
Attended the Santa Ana River Flood Protection Agency (SARFPA) meeting.
June 28
Attended the retirement party for Tustin Unified School District's Chief Personnel Officer,
City Council July 20, 2021
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Dr. Charles Lewis and Communications Director, Mark Eliot; congratulated Dr. Lewis and
Mr. Eliot on their retirements.
Shared that the City hosted Movies in the Park and Concerts in the Park in July; great to
see people going out to events; has received very positive feedback from the community.
Congratulated Tustin Meadows on their Fourth of July Parade and the City of Tustin for the
Fourth of July Fireworks Show at Tustin High School.
Mayor Clark
Announced after the State of California's June 15th re-opening, people have been eager to
get out and attend events; is great to interact with the community in-person again.
Congratulated Director of Parks and Recreation, Chad W. Clanton on the Fourth of July
Fireworks Show at Tustin High School; was an amazing event; was a great day for the
Tustin community having the fireworks show and the Tustin Meadows Fourth of July
Parade.
Thanked Communications Manager, Stephanie Najera for her hard work shooting Mayor
Clark's Corner videos for the Tustin community; received great feedback from the
community.
Announced continues to hold virtual office hours every last Friday of the month; reported
the office hours have been filling up on a regular basis; appreciates the Tustin community
scheduling the time to meet with her.
Announced upcoming events:
• City of Tustin and Orange County's One-Stop Mobile Employment Unit will be at the
Tustin Library from 11 :00 AM — 4:00 PM on July 21 , 2021 , please visit
oconestop.com/mobile-unit for more information.
• Broadway in the Park will be held August 3rd-8th at Peppertree Park; check tacfa.org
for more information.
• Concerts in the Park will be held on Wednesdays from 6:00 PM — 8:00 PM at
Peppertree Park.
• Movies in the Park will be held on Fridays at dusk; check the City of Tustin website
for locations as they will be at rotating City parks.
Closed Session Update — City Attorney David E. Kendig: The Council will reconvene in
Closed Session to discuss Items 1 and 2 on the Closed Session Agenda.
Recessed to Closed Session at 7:15 p.m.
City Council July 20, 2021
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ADJOURNED at 8:06 p.m. with no reportable action from Closed Session. 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
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