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Home My WebLink About00 CC AGENDA 10.05.21 CITY OF TUSTIN REGULAR OCTOBER 5, 2021 MEETING OF THE CITY COUNCIL . 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER AND 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 REGARDING PUBLIC PARTICIPATION To watch the meeting, the public may observe the meeting in person in the Council Chamber or 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 address the City Council during a public meeting may attend the meeting in person or join through Zoom. By joining the meeting through Zoom, you will be able to speak but your video will not be enabled. Please see further instructions below. 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. 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 City Council October 5, 2021 Meeting Agenda Page 1 of 8 669-900-6833. 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 THROUGH THE E-COMMENT SYSTEM 1 . Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda go to https://tustin.granicusideas.com/meetings?scope=upcoming and select the agenda item. B. 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. 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. City Council October 5, 2021 Meeting Agenda Page 2 of 8 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 p.m. CALL TO ORDER — #3006 ATTENDANCE — City Clerk PUBLIC INPUT — Members of the public may offer comments in writing, in person or electronically in real time via Zoom to address the City Council on items on the Closed Session Agenda. CLOSED SESSION UPDATE — City Attorney David E. Kendig 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) 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 § 54957(d)(1)] — (1 case) A. Title: City Manager City Council October 5, 2021 Meeting Agenda Page 3 of 8 REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 6:30 P.M. CALL TO ORDER — #3006 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 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 SPECIAL MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 17, 2021 AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 21, 2021. Recommendation: That the City Council approve the Action Minutes of the Special Meeting of the City Council held on September 17, 2021 and the Regular Meeting of the City Council held on September 21, 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. City Council October 5, 2021 Meeting Agenda Page 4 of 8 Recommendation: It is recommended that the City Council approve Payroll in the amount of $883,435.56; and Demands in the amount of $1 ,975,337.76. 4. APPROVE COOPERATIVE AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE FIRST STREET/BOLSA AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT P) Staff is requesting that the City Council approve Cooperative Agreement with the Orange County Transportation Authority (OCTA) for implementation of the First Street/Balsa Avenue Corridor Traffic Signal Synchronization Project. Engineering and construction will be performed in collaboration with the Cities of Tustin, Santa Ana, Westminster and Huntington Beach, and the County of Orange. The OCTA will take the lead in implementing the project. Work will be performed under the OCTA Competitive Measure M2 Regional Traffic Signal Synchronization Program (Project P). Within the City of Tustin, the project includes seven (7) existing traffic signals on First Street from Tustin Avenue to Newport Avenue. Recommendation: It is recommended that the City Council approve the Cooperative Agreement with OCTA for the First Street/Balsa Avenue Corridor Traffic Signal Synchronization Project, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. 5. CREATIVE SIGNALS GIFTED PUBLIC ART PROJECTS At their September 22, 2021 , Special Meeting, the Community Services Commission recommended to forward two Creative Signals cabinet wraps approved by the Public Art Committee for consideration by the City Council. Recommendation: It is recommended that the City Council adopt Resolution 21-85 approving two Creative Signals wraps submitted by the Tustin Area Council for Fine Arts (TACFA) and authorize the Parks and Recreation Department to accept both as gifted public art. RESOLUTION NO. 21-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE ARTWORK FOR TWO TRAFFIC SIGNAL CABINET WRAPS AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO ACCEPT THE GIFTED PUBLIC ART 6. AUTHORIZATION TO PURCHASE VEHICLES Staff is requesting City Council authorization to purchase three (3) Hyundai IONIQ Hybrid vehicles in lieu of the Toyota Prius authorized by the City Council on August 17, 2021 . City Council October 5, 2021 Meeting Agenda Page 5 of 8 Recommendation: It is recommended that the City Council adopt Resolution No. 21-77 authorizing the Department of General Services of the State of California Contract # 1-18-23-1 OF to purchase three (3) Hyundai IONIQ Hybrid from U.S. Fleet Source. RESOLUTION NO. 21-77 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 7. RESOLUTION MAKING FINDINGS REQUIRED FOR THE USE OF TELECONFERENCING IN COMPLIANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE TUSTIN CITY COUNCIL. Consider adoption of Resolution 21-89 to make findings that would be required for the City Council, or individual members of the City Council, to use teleconferencing during Council meetings, as required by recently enacted Assembly Bill 361 . Recommendation: Adopt Resolution No. 21-89 Making Findings Required For the Use of Teleconferencing as Defined and In Compliance With Assembly Bill 361 For Meetings of the Tustin City Council. RESOLUTION NO. 21-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MAKING FINDINGS REQUIRED FOR THE USE OF TELECONFERENCING AS DEFINED AND IN COMPLIANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE TUSTIN CITY COUNCIL. PUBLIC HEARING ITEM 8 8. GENERAL PLAN AMENDMENT (GPA) 2021-0002, 562021-2029 (SIXTH CYCLE) HOUSING ELEMENT UPDATE The Housing Element of the Tustin General Plan sets forth the City's strategy to preserve and enhance the community's character, expand housing opportunities for the City's various economic segments, and provide policy guidance for local decision making related to housing data. State Planning Law mandates that jurisdictions within the Southern California Association of Governments (SCAG) region update their Housing Elements by October 15, 2021 . On June 30, 2021, an electronic copy of the draft 2021-2029 Housing Element was transmitted to State Department of Housing and Community Development (HCD) for a 60-day review. On August 12, 2021, City staff received preliminary verbal comments from HCD. On August 12, 2021 , the City received a written letter from HCD describing changes necessary to the draft document to bring it into compliance with State law. City Council October 5, 2021 Meeting Agenda Page 6 of 8 On September 14, 2021 , the Planning Commission held a public hearing and adopted Resolution No. 4439, recommending that the City Council adopt the Negative Declaration for GPA 2021-0002, and Resolution No. 4440, recommending that the City Council approve GPA 2021-0002 for the adoption of the 2021-2029 Housing Element update. Recommendation: That the City Council: 1 . Adopt Resolution No. 21-86, certifying that the Negative Declaration for GPA 2021-0002; and, 2. Adopt Resolution No. 21-87, approving GPA 2021-0002, updating the Housing Element. RESOLUTION NO. 21-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR GENERAL PLAN AMENDMENT 2021- 0002 (HOUSING ELEMENT UPDATE 2021-2029). RESOLUTION NO. 21-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING GENERAL PLAN AMENDMENT 2021- 0002, UPDATING THE TUSTIN HOUSING ELEMENT PURSUANT TO GOVERNMENT CODE SECTION 65588. REGULAR BUSINESS ITEMS 9-10 9. YEAR-END UPDATE FOR FISCAL YEAR 2020/21 In February 2021 , staff provided the City Council with a mid-year budget update on projected revenues and expenditures for Fiscal Year 2020/21 , which projected General Fund Reserves of $19 million at June 30, 2021 . This report provides an update on actual General Fund revenues and expenditures, now that the books have been closed for Fiscal Year 2020/21. General Fund revenues are approximately $7 million better than projected whereas General Fund expenditures are approximately $1 .5 million higher than expected yet within budgeted amounts. Consequently, General Fund Reserves are approximately$5.5 million higher than expected at$24.5 million as of June 30, 2021 (or 32% of General Fund operating expenditures), which exceeds the City Council's minimum reserve policy of 20%. Recommendation: Staff recommends that the City Council receive and file this report on Fiscal Year 2020/21 . 10. VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM ORDINANCE AND IN-LIEU FEE At its August 17, 2021 meeting, the City Council requested that staff return to the October 5, 2021 meeting with this report for the Council to discuss potential policy City Council October 5, 2021 Meeting Agenda Page 7 of 8 direction options regarding the City's Voluntary Workforce Housing Incentive Program Ordinance and In-Lieu Fee. Ordinance No. 1491 was adopted in September of 2018 by adding Chapter 9B to the Tustin City Code entitled "Voluntary Workforce Housing Incentive Program". The Ordinance and In-Lieu Fee are applicable only if a developer proposes to "up zone" property using the "Residential Allocation Reservation" process to add residential units on property not currently zoned for residential uses within the Downtown Commercial Core Specific Plan and the Red Hill Specific Plan areas. Recommendation: Direct staff to do one of the following: 1 . Prepare a draft ordinance revision for Council consideration at a future meeting (and provide specific direction on what the revisions should/should not include); or 2. Prepare a draft temporary moratorium on the current ordinance for Council consideration at a future meeting (and clarify whether the City should continue to allow "up-zoning" to residential uses via the Residential Allocation Reservation process while the moratorium is in effect); or 3. Prepare a repeal of the current ordinance for council consideration at a future meeting; or 4. Take no action; or 5. Provide alternative direction at the pleasure of the City Council. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURN IN MEMORY OF KATHY LEGER TUSTIN POLICE DEPARTMENT VOLUNTEER ADJOURNMENT - The next meeting is scheduled on Tuesday, October 19, 2021 for the Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m. City Council October 5, 2021 Meeting Agenda Page 8 of 8