HomeMy WebLinkAbout00 CC AGENDA 8.17.21 CITY OF TUSTIN REGULAR AUGUST 17, 2021
MEETING OF THE CITY COUNCIL . VIDEO CONFERENCE
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
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 August 17, 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 August 17, 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 OF THE CITY COUNCIL AND THE COUNCIL ACTING IN
ITS CAPACITY AS THE LOCAL REUSE AUTHORITY
4:30 p.m.
CALL TO ORDER — #3003
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code §
City Council August 17, 2021
Meeting Agenda Page 3 of 11
54957(d)(1)] — (1 case)
A. Title: City Manager
5. LABOR NEGOTIATIONS — [Government Code § 54957.6]
Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown,
Liebert Cassidy Whitmore
Employee Organization- Tustin Police Officers Association—Management Unit TPMA
Employee Organization- Tustin Police Officers Association—Officer Unit TPOA
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 AND THE COUNCIL ACTING IN ITS
CAPACITY AS THE LOCAL REUSE AUTHORITY
6:00 P.M.
CALL TO ORDER — #3003
INVOCATION - Pastor Jorge Molina, Mariners 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.
PRESENTATION — Strategic Communications Plan Update
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 11)
City Council August 17, 2021
Meeting Agenda Page 4 of 11
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 AUGUST 3, 2021.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on August 3, 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 $933,483.88; and Demands in the amount of $5,584,814.60.
4. APPROVE COOPERATIVE AGREEMENT WITH THE CITY OF ORANGE FOR
THE TUSTIN AVENUE/ROSE DRIVE CORRIDOR TRAFFIC SIGNAL
SYNCHRONIZATION PROJECT (PROJECT P)
Staff is requesting that the City Council approve Cooperative Agreement with the City
of Orange for implementation of the Tustin Avenue/Rose Drive Corridor Traffic Signal
Synchronization Project. Engineering and construction will be performed in
collaboration with the Cities of Orange, Anaheim, Placentia, Santa Ana and Yorba
Linda. The City of Orange will take the lead in implementing the project. Work will be
performed under the Orange County Transportation Authority (OCTA) Competitive
Measure M2 Regional Traffic Signal Synchronization Program (Project P).
Within the City of Tustin, the project includes the existing traffic signals on Tustin
Avenue at First Street. Because of the proximity and the key role in optimal traffic
flow along Tustin Avenue specifically at the Santa Ana intersection of Tustin Avenue
and Fourth Street, the Fourth Street/Irvine Boulevard interchange with SR-55
Freeway has been identified as part of the project. Likewise, due to its close proximity
to the interchange, the intersection of Yorba Street at Irvine Boulevard in the City of
Tustin has also been included in the project. This differs from the previous
synchronization study in 2012-2014 in that OCTA now recognizes the importance of
adding nearby locations into the study to achieve synchronization along the Tustin
Avenue/Rose Drive corridor.
Recommendation: It is recommended that the City Council:
City Council August 17, 2021
Meeting Agenda Page 5 of 11
1 . Approve Cooperative Agreement with the City of Orange for the Tustin
Avenue/Rose Drive Corridor Traffic Signal Synchronization Project, and
authorize the Mayor and City Clerk to execute the agreement on behalf of the
City; and
2. Amend the adopted Capital Improvement Program for Fiscal Year 2021-2022
to include the Tustin Avenue/Rose Drive Corridor Traffic Signal
Synchronization Project and appropriate $50,000 from the Measure M2 Fund
(Fund 139).
5. AUTHORIZATION TO PURCHASE VEHICLES AND EQUIPMENT INCLUDING
DECLARATION OF SURPLUS EQUIPMENT FOR PUBLIC AUCTION
Staff is requesting City Council authorization to purchase two (2) Kia Niro Hybrids,
three (3) Toyota Prius Hybrids, one (1) tractor loader, one (1) backhoe loader, one
(1) skid steer tractor with trailer and two (2) enclosed trailers. In addition, the City
Council is requested to declare certain City equipment surplus in accordance with
Section 1630a (2) of the Tustin City Code and authorize their sale at public auction.
Recommendation: It is recommended that the City Council:
1 . Adopt Resolution No. 21-62 authorizing the Department of General Services
of the State of California Contract #1-18-23-1 OF to purchase two (2) Kia Niro
Hybrid from U.S. Fleet Source and Contract#1-18-23-1 OH for three (3) Toyota
Prius Hybrid from Toyota of Sunnyvale;
2. Adopt Resolution No. 21-63 authorizing Sourcewell Contract#032119-JDC for
the purchase of one (1) tractor loader (Stotz Equipment), one (1) backhoe
loader(RDO Equipment Co.)and Contract#032119-CAT for one (1)skid steer
tractor with trailer (Quinn Company);
3. Authorize the Purchase of two (2) enclosed trailers from Carson Trailers , Inc.,
the lowest responsible bidder; and
4. Declare, in accordance with the Tustin City Code - Section 1630a (2), the
attached itemized list of equipment as surplus and not required for public use
and authorize the sale at the next available public auction, crediting net
proceeds to applicable City revenue fund.
RESOLUTION NO. 21-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF
CALIFORNIA TO PURCHASE CERTAIN ITEMS
RESOLUTION NO. 21-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING SOURCEWELL TO PURCHASE CERTAIN ITEMS
City Council August 17, 2021
Meeting Agenda Page 6 of 11
6. AUTHORIZATION AND AWARD CONTRACT FOR HEATING, VENTILATION,
AND AIR CONDITIONING (HVAC) IMPROVEMENTS PROJECT (CIP No. 10032)
Staff is requesting authorization to award the HVAC Improvements for City Hall and
the Police Department Project (CIP 10032) to improve efficiency and climate control.
Recommendation: It is recommended that the City Council;
1 . Adopt Resolution No. 21-69 authorizing the use of OMNIA Partners; Contract
#15-JLP-023 with Trane U.S., Inc. for the purchase, installation and warranty
in the amount of $440,120.
2. Authorize the Mayor and the City Clerk to execute the contract documents on
behalf of the City.
RESOLUTION NO. 21-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING OMNIA PARTNERS PURCHASING PROGRAM TO PURCHASE
CERTAIN ITEMS
7. THIRD AMENDMENT TO THE HOMELESS ASSISTANCE AGREEMENT
The Third Amendment to the Homeless Assistance Agreement.
Recommendation: The City Council, acting as the Local Redevelopment Authority
(LRA) for MCAS-Tustin, approve the Third Amendment to the Homeless Assistance
Agreement and authorize the City Manager to execute the Agreement.
8. AWARD OF BID FOR THE TUSTIN SPORT PARK PLAYGROUND RENOVATION
(CIP NO. 20086)
Staff is requesting that City Council award the construction contract for the Tustin
Sports Park Playground Renovation Project (CIP No. 20086) to the lowest
responsive/responsible bidder, Micon Construction, and authorize the Mayor and
City Clerk to execute the contract documents on behalf of the City.
Recommendation:
1 . Award a construction contract to Micon Construction in the amount of
$422,720 subject to the approval of contract requirements by the City Attorney
and final execution of the contract.
2. Authorize the Mayor and the City Clerk to execute the contract documents on
behalf of the City; and
3. Approve a supplemental appropriation of$82,000 from the Park Development
Fund.
City Council August 17, 2021
Meeting Agenda Page 7 of 11
9. INCLUSIONARY HOUSING ORDINANCE INFO AND COMPARISON
At its May 18, 2021 City Council meeting, Council asked staff to provide information
regarding the City's Voluntary Inclusionary Housing program and survey neighboring
cities on their respective inclusionary housing ordinances. A request was also made for
similar information regarding development impact fees. That information is still being
gathered and will be provided at a subsequent City Council meeting.
Recommendation: Receive and file the survey information.
10. RESOLUTION DECLARING SUPPORT OF THE ORANGE COUNTY VETERANS
CEMETERY IN ANAHEIM HILLS
Adoption of a Resolution of formal support of the Orange County Veterans Cemetery
in Anaheim Hills, and encouragement of federal, state, and local governments to
support this much needed project.
Recommendation: That the City Council adopt Resolution No. 21-71, a Resolution
of The City Council of The City of Tustin, California, Declaring Support of The Orange
County Veterans Cemetery in Anaheim Hills.
RESOLUTION NO. 21-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING SUPPORT OF THE ORANGE COUNTY VETERANS CEMETERY IN
ANAHEIM HILLS
11. FIVE YEAR STRATEGIC PLAN — MIDPOINT UPDATE
The full plan covers the period 2018 through 2023 and serves as the City's policy
direction for the achieving important results and allocating resources. Tustin's
mission is to provide effective, high-quality services that foster safety, quality of life,
and economic vitality throughout our community. The City's Strategic Plan document
also features a Vision Statement and a Mission Statement to further define
overarching policy positions.
In the Midpoint — Update, the City Council has identified its top priorities for the
remaining two years of the Strategic Plan. These priorities are to continue progress
with Tustin Legacy, enhance Old Town, revitalize the Red Hill corridor, streamline
the development process, support development of housing, advance the
neighborhood parking permit program, and initiate the general plan update process.
Additional overall goals continue to focus on economic vitality, neighborhoods, public
safety, financial strength, community relationships and organizational excellence.
Recommendation: That the City Council receive and file the Five Year Strategic
Plan — Midpoint Update.
PUBLIC HEARING ITEM 12
City Council August 17, 2021
Meeting Agenda Page 8 of 11
12. DESIGN REVIEW (DR) 2021-0002; DEVELOPMENT AGREEMENT (DA) 2021-
0001; SUBDIVISION (SUB) 2021-0001/VESTING TENTATIVE TRACT MAP NO.
17822; DENSITY BONUS; CONCESSION/INCENTIVE FOR A REDUCTION IN
PRIVATE AND COMMON OPEN SPACE AND PARK FEE WAIVER FOR SIX (6)
AFFORDABLE UNITS
This project includes the construction of a new, 3-and 4-story mixed-use building
located at 13751 and 13841 Red Hill Avenue within the Red Hill Avenue Specific
Plan (RHASP). The existing office building at 13751 Red Hill Avenue will be
demolished in conjunction with the project and 13841 Red Hill Avenue is vacant. The
project includes 137 residential apartment units, 7,000 square feet of commercial
area, 227 on-site parking spaces with public and private open space and on-site
amenities. The applicant requests include design review, a development agreement,
subdivision and density bonus with one (1) concession/incentive for a reduction in
the amounts of open space provided and a park fee waiver for six (6) affordable units.
On July 27, 2021 , the Planning Commission adopted Resolution Nos. 4435 and
4436, recommending that the City Council approve the above-referenced requests.
Applicant: Irvine Asset Group LLC, Craig Swanson
4000 Macarthur Blvd., Suite 600
Newport Beach, CA 92660
Property WASL Tustin Investors V LLC
Owner: C/O Irvine Asset Group, LLC
4000 Macarthur Blvd. Suite 600
Newport Beach, CA 92660
Environmental Review
The Tustin City Council certified the Final Program Environmental Impact Report
(FPEIR) for the RHASP on October 16, 2018. The FPEIR is a Program EIR under
the California Environmental Quality Act (CEQA). The FPEIR considered the
potential environmental impacts associated with the development of the RHASP. The
Project proposes the development of a site with uses that are consistent with the
RHASP Program EIR pursuant to the requirements of the California Environmental
Quality Act (CEQA, Public Resources Code §§ 2100, et seq.) the regulations
promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., CEQA
Guidelines).
An environmental checklist has been prepared as the basis for an Addendum to the
FPEIR. The checklist confirms that the project is within the scope of the FPEIR as
provided in State CEQA Guideline Section 15168 and the Addendum augments the
analysis in the FPEIR as provided in CEQA Guideline Sections 15162 and 15164
and provides the basis for the determination that no supplemental or subsequent EIR
is require to evaluate the proposed project. Environmental analysis and mitigation
measures from FPEIR have been incorporated into the Addendum (Attachment H).
Recommendation: That the City Council:
City Council August 17, 2021
Meeting Agenda Page 9 of 11
1 . Adopt Resolution No. 21-66 adopting the Addendum to the Final Program
Environmental Impact Report (FPEIR) for the proposed project.
2. Introduce and have first reading, by title only of Ordinance No. 1515 approving
Development Agreement (DA) 2021-0001 for the proposed project and set a
second reading at the next City Council meeting.
3. Adopt Resolution No. 21-67 approving:
a. Design Review (DR) 2021-0002 for the design and site layout of a new mixed-
use project consisting of 137 residential units including six (6) verylow income
affordable residential units, 7,000 square feet of retail commercial space, at-
grade parking containing 227 parking spaces, and associated improvements;
b. SUB 2021-0001/Vesting Tentative Tract Map (VTTM) No. 17822 for
commercial condominium, merger, and re-subdivision purposes; c. Density
Bonus of twenty (20) percent to authorize an additional twenty-three (23)
residential units and a Voluntary Workforce Housing Agreement;
c. Density Bonus of twenty (20) percent to authorize an additional twenty-three
(23) residential units and a Voluntary Workforce Housing Agreement;
d. Concession/incentive for a reduction of the required amounts of common and
private open space; and
e. Park Fee Waiver ($100,800) for six (6) affordable units.
RESOLUTION NO. 21-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING AN ADDENDUM TO THE FINAL PROGRAM ENVIRONMENTAL
IMPACT REPORT FOR A MIXED-USE PROJECT CONTAINING 137 RESIDENTIAL
UNITS AND 7,000 SQUARE FEET OF RETAIL COMMERCIAL SPACE AT 13751 AND
13841 RED HILL AVENUE (APN # 500-141-09 & 500-141-10) WITHIN THE RED HILL
AVENUE SPECIFIC PLAN.
RESOLUTION NO. 21-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING
DESIGN REVIEW 2021-0002, SUBDIVISION 2021-0001/VESTING TENTATIVE
TRACT MAP NO. 17822, A DENSITY BONUS AND VOLUNTARY WORKFORCE
HOUSING AGREEMENT INCLUDING A CONCESSION/INCENTIVE FOR A
REDUCTION IN PRIVATE AND COMMON OPEN SPACE AND A WAIVER OF PARK
FEES FOR AFFORDABLE UNITS, FOR A MIXED-USE DEVELOPMENT CONSISTING
OF 137 RESIDENTIAL APARTMENT UNITS AND 7,000 SQUARE FEET OF
COMMERCIAL SPACE ON AN APPROXIMATE 3.38 ACRE SITE LOCATED WITHIN
City Council August 17, 2021
Meeting Agenda Page 10 of 11
THE RED HILL AVENUE SPECIFIC PLAN (RHASP) AT 13751 AND 13841 RED HILL
AVENUE (APN 500-141-09 and 500-141-10).
ORDINANCE NO. 1515
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING
DEVELOPMENT AGREEMENT (DA) 2021- 0001 BETWEEN THE CITY OF TUSTIN
AND IRVINE ASSET GROUP, LLC TO FACILITATE THE DEVELOPMENT OF A
MIXED-USE DEVELOPMENT CONSISTING OF 137 RESIDENTIAL APARTMENT
UNITS AND 7,000 SQUARE FEET OF COMMERCIAL SPACE ON AN APPROXIMATE
3.38 ACRE SITE LOCATED WITHIN THE RED HILL AVENUE SPECIFIC PLAN
(RHASP) AT 13751 AND 13841 RED HILL AVENUE (APN 500-141-09 and 500-141-
10).
REGULAR BUSINESS ITEM 13
13. REVISION TO THE DRAFT HOUSING ELEMENT
The proposed draft has been amended to include additional areas such as the Tustin
Market Place and the Enderle Center that could potentially be developed with
residential units. The redistribution of units throughout the City is intended to further
facilitate the equitable dispersion of housing units of various income levels.
Recommendation: That the City Council receive and file this report.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, September 7, 2021 for the
Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
City Council August 17, 2021
Meeting Agenda Page 11 of 11