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Home My WebLink About00 CC AGENDA 10.19.21 CITY OF TUSTIN REGULAR OCTOBER 19, 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 19, 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. Items Distributed To The City Council Less Than 72 Hours Prior To Meeting: Pursuant to Government Code section 54957.5, non-exempt public records that relate to one or more open session agenda items and that are distributed to a majority of the City Council less than seventy-two (72) hours prior to the meeting will be available for public inspection on the electronic posting board located at 300 Centennial Way, Tustin, CA 92780. City Council October 19, 2021 Meeting Agenda Page 2 of 8 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 p.m. CALL TO ORDER — #3007 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 5. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1 case) A. Officer-involved shooting of Luis Manuel Garcia on August 9, 2021 City Council October 19, 2021 Meeting Agenda Page 3 of 8 REGULAR MEETING OF THE CITY COUNCIL 6:30 P.M. CALL TO ORDER — #3007 INVOCATION - Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE — Council Member Gallagher PRESENTATIONS — • Tustin Man and Woman of the Year • Orange County Hunger Alliance: Hunger Action Month 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 8) 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 OCTOBER 9, 2021 AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON OCTOBER 5, 2021. City Council October 19, 2021 Meeting Agenda Page 4 of 8 Recommendation: That the City Council approve the Action Minutes of the Special Meeting of the City Council held on October 9, 2021 and the Regular Meeting of the City Council held on October 5, 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 $903,779.06; and Demands in the amount of $4,192,363.55. 4. ADOPT RESOLUTION NO. 21-90 TO ACCEPT IMPROVEMENTS FOR THE FISCAL YEAR 2020-2021 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT, ZONE 2, CIP NO. 70020 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Fiscal Year 2020-2021 Roadway Rehabilitation and Sidewalk Repair Project, Zone 2 (CIP No. 70020), has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that the City Council take the following actions: 1 . Adopt Resolution No. 21-90 accepting the construction of the Fiscal Year 2020-2021 Roadway Rehabilitation and Sidewalk Repair Project, Zone 2 (CIP No. 70020); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder 's Office. RESOLUTION NO. 21-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE FY 2020-21 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT, ZONE 2 (CIP NO. 70020) 5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR ROADWAY REHABILITATION ON BRYAN AVENUE BETWEEN RED HILL AVENUE AND BROWNING AVENUE AND ON RED HILL AVENUE BETWEEN IRVINE BOULEVARD AND MELVIN WAY (CIP NO. 70020) The plans and specifications for the Roadway Rehabilitation on Bryan Avenue from Red Hill Avenue to Browning Avenue and Red Hill Avenue from Irvine Boulevard to Melvin Way have been prepared and the project is now ready for bid. This project replaces phase 2 of the Joint Project with the County of Orange for Roadway City Council October 19, 2021 Meeting Agenda Page 5 of 8 Maintenance within Shared Boundary Areas that was approved by the City Council on January 19, 2021 . The contractor selected by the County supplied the City with a bid that was higher than the County's Job Order Contracting pricing, and therefore does not meet the procurement requirements associated with piggybacking on the County's contract. Recommendation: It is recommended that the City Council: 1 . Adopt Resolution No. 21-93 approving the plans and specifications for the Roadway Rehabilitation Bryan Avenue from Red Hill Avenue to Browning Avenue and Red Hill Avenue from Irvine Boulevard to Melvin Way, CIP No. 70020, 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 21-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR ROADWAY REHABILITATION ON BRYAN AVENUE BETWEEN RED HILL AVENUE AND BROWNING AVENUE AND ON RED HILL AVENUE BETWEEN IRVINE BOULEVARD AND MELVIN WAY (CIP NO. 70020) AND AUTHORIZING ADVERTISEMENT FOR BIDS 6. RESOLUTION DECLARING ASSESSORS PARCEL NUMBERS 434-431-13, 14, 15, 26, 27, 28 AND 434-441-23 EXEMPT FROM THE REVISED SURPLUS LAND ACT Resolution 21-88 will declare Assessors Parcel Numbers (APN) 434-431-13, 14, 15, 26, 27, 28 and 434-441-23 exempt from the revised Surplus Land Act (SLA) pursuant to California Government Code Section 54234 and the Final Surplus Land Act Guidelines Section 103 (b) (1) (A). Recommendation: It is recommended that the City Council take the following actions: 1 . Adopt Resolution 21-88: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBERS 434-431-13, 14, 15, 26, 27, 28 AND 434-441-23 EXEMPT FROM THE REVISED SURPLUS LAND ACT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54234 AND THE FINAL SURPLUS LAND ACT GUIDELINES SECTION 103 (b) (1) (A). 2. Authorize the City Manager to sign and direct staff to submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution. 7. APPROVAL OF AMENDMENT TO JOINT AGREEMENT FOR 800-MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM City Council October 19, 2021 Meeting Agenda Page 6 of 8 The ability for first responders to maintain a common communication system is critical and can significantly improve the delivery of services to the public. The 800- Megahertz Countywide Coordinated Communications System (CCCS) is a radio system which enables interoperability among all participating city and county law enforcement, fire, public works, and lifeguard/marine safety departments. The system is licensed by the Federal Communications Commission for official communications of the Orange County public safety agencies participating in the system. The 800-Megahertz CCCS Joint Agreement also allows all Orange County cities to share in the cost of the operation and maintenance of the system. On June 22, 2021 , the Orange County board of Supervisors approved a newly written Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County 800 Megahertz CCCS, which provides guidelines for the enhanced operations and fiscal management of the system, and establishes Governance Committee Bylaws. Approval of the rewritten Joint Agreement will ensure the City of Tustin's continued partnership in the Orange County's public safety radio system. Recommendation: The Police Department requests Council to authorize the approval of the "Amendment to the Joint Agreement for the Operation, Maintenance and Fiscal Management of the Orange County 800-Megahertz Countywide Coordinated Communications System." Approval of the rewritten Joint Agreement will ensure the City of Tustin's continued partnership in the Orange County's public safety radio system. 8. 2021 CITYWIDE HISTORIC RESOURCES SURVEY UPDATE The update to the City's Historic Resources Survey is part of the Planning Commission as the Historic and Cultural Resources Advisor (HCRA) 2021 Annual Work Program (Attachment A). The survey update has been prepared with the assistance of Architectural Resources Group (ARG). Since November 2019, ARG has completed a reconnaissance survey, an intensive-level survey, a database of historic resources, and Primary Record forms for each identified property. On August 10, 2021, the Planning Commission adopted the Citywide Historic Resources Survey Update Report and authorized the Community Development Director to finalize the report. Recommendation: That the City Council receive and file the report. REGULAR BUSINESS ITEM 9 9. VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM ORDINANCE AND IN-LIEU FEE City Council October 19, 2021 Meeting Agenda Page 7 of 8 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. At its August 17, 2021 meeting, the City Council requested that staff return to the October 5, 2021 meeting for the Council to discuss potential policy direction options regarding the City's Voluntary Workforce Housing Incentive Program Ordinance and In-Lieu Fee. During that meeting, it was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gallagher to continue the item to the October 19, 2021 Council meeting. 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 ADJOURNMENT - The next meeting is scheduled on Monday, October 25, 2021 for the Closed Session Meeting at 5:00 p.m., the Regular Business Meeting at 6:30 p.m. and the Public Hearing regarding the Proposed Transition to District Elections at 7:00 p.m. City Council October 19, 2021 Meeting Agenda Page 8 of 8