HomeMy WebLinkAboutCC MINUTES 10.05.21 DocuSign Envelope ID: DCE70E83-5954-4642-9993-ClC664DDDOE8
CITY OF TUSTIN REGULAR OCTOBER 5, 2021
MEETING OF THE CITY COUNCIL r 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
MINUTES OF THE
CLOSED SESSION MEETING OF THE CITY COUNCIL
5:00 p.m.
CALL TO ORDER — #3006 at 5:01 p.m.
ATTENDANCE — City Clerk
Present: Mayor Letitia Clark, Mayor Pro Tem Austin Lumbard and Council
Members Ryan Gallagher and Rebecca Gomez
Absent: Council Member Barry W. Cooper
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney, Matthew S. West, City Manager
PUBLIC INPUT — None
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene
to discuss Items 1 , 3 and 4 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): (2 cases)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
City Council October 5, 2021
Meeting Minutes Page 1 of 11
DocuSign Envelope ID: DCE70E83-5954-4642-9993-ClC664DDDOE8
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
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN
HOUSING AUTHORITY
6:30 P.M.
CALL TO ORDER — #3006 at 6:34 p.m.
INVOCATION - Rev. Tim Ellington, Aldersgate Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Gomez
PUBLIC INPUT —
1 . Yvonne Su
2. Collette Morse (submitted an e-comment)
PRESENTATIONS — Mayor Clark presentented a Proclamation to Orange County Fire
Authority Battalion Chief Wiedensohler declaring October 3-9, 2021 as Fire Prevention
Week.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
CONSENT CALENDAR ITEMS 1-7 —
Public Input — None
It was moved by Council Member Gomez and seconded by Mayor Pro Tem Lumbard to pull
City Council October 5, 2021
Meeting Minutes Page 2 of 11
DocuSign Envelope ID: DCE70E83-5954-4642-9993-ClC664DDDOE8
Item No. 7 and approve the balance of the Consent Calendar as recommended by staff.
Motion carried: 4-0
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 SPECIAL MEETING OF THE CITY COUNCIL
HELD ON SEPTEMBER 17, 2021 AND THE REGULAR MEETING OF THE CITY
COUNCIL HELD ON SEPTEMBER 21, 2021.
Motion: The City Council approved 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.
Motion: The City Council approved 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.
Motion: The City Council approved the Cooperative Agreement with OCTA for the
First Street/Balsa Avenue Corridor Traffic Signal Synchronization Project, and
authorized the Mayor and City Clerk to execute the agreement on behalf of the City.
City Council October 5, 2021
Meeting Minutes Page 3 of 11
DocuSign Envelope ID: DCE70E83-5954-4642-9993-ClC664DDDOE8
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.
Motion: The City Council adopted Resolution 21-85 approving two Creative Signals
wraps submitted by the Tustin Area Council for Fine Arts (TACFA) and authorized
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.
Motion: The City Council adopted 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 .
Council Member Gomez stated given the influctuation and the number of infections,
it would be incumbent of the Council to keep the option for Council Members to attend
remotely as a safety measure going forward.
It was moved by Council Member Gomez and seconded by Mayor Pro Tem Lumbard
to approve the following: 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.
City Council October 5, 2021
Meeting Minutes Page 4 of 11
DocuSign Envelope ID: DCE70E83-5954-4642-9993-ClC664DDDOE8
Motion carried: 4-0
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
Senior Planner Erica Demkowicz provided a PowerPoint presentation.
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.
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.
Public Hearing opened at 7:18 p.m.
Public Input —
1 . Neil Sherman (Addressed the City Council in person)
2. Rich Gomez (Addressed the City Council in person)
3. Lisa Talmage (Addressed the City Council via Zoom and submitted e-
comments)
4. Cesar Covarrubias (Addressed the City Council via Zoom)
5. Kimberly Adams (Addressed the City Council via Zoom)
6. Michele Falvo (Addressed the City Council via Zoom)
7. Joyce Ogden (Email directly to the City Council)
8. Candice Longo (Email directly to the City Council)
City Council October 5, 2021
Meeting Minutes Page 5 of 11
DocuSign Envelope ID: DCE70E83-5954-4642-9993-ClC664DDDOE8
9. Sharyn Downend (Email directly to the City Council)
10.Alice Keto (Email directly to the City Council)
11 .Grant Anderson (Email which was distributed to the City Council)
12.Erin Johnson (Email distributed to the City Council)
13.Kathy Williams (Email distributed to the City Council)
14.Kennedy Commission (Email distributed to the City Council)
Public Hearing Closed at 7:41 p.m.
It was moved by Council Member Gomez and seconded by Mayor Pro Tem Lumbard
to:
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.
Motion carried: 4-0
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
Director of Finance Jason AI-Iman provided a PowerPoint presentation.
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%.
The City Council unanimously received and filed this report on Fiscal Year 2020/21 .
City Council October 5, 2021
Meeting Minutes Page 6 of 11
DocuSign Envelope ID: DCE70E83-5954-4642-9993-ClC664DDDOE8
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
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.
Public Input -
1 . Adam Wood (Email distributed to the City Council)
2. Karissa Willette (Addressed the City Council in person)
3. Cesar Covarrubias (Addressed the City Council via Zoom and submitted
comments via email)
4. Lisa Talmage (Addressed the City Council via Zoom and submitted e-
comments)
5. Kimberly Adams (Addressed the City Council via Zoom)
Motion: It was moved by Mayor Pro Tem Lumbard to continue the item and direct
staff to come back with more information at the next Council meeting.
Motion: It was moved by Council Member Gallagher to direct staff to return with a
draft ordinance at the next Council meeting to put a three year moratorium on the
current voluntary workforce housing ordinance
It was seconded by Mayor Pro Tem Lumbard but to also include spending the money
in the account during that same moratorium period. Council Member Gallagher
accepted the amendment to the motion.
Council Member Gomez requested clarification on the motion.
City Attorney David E. Kendig clarified the motion: Direct staff to return with a draft
ordinance to establish a three year moratorium at the next reasonable meeting and
direct staff to return with options to have a plan to spend the ordinance funds during
that same three year moratorium.
City Manager Matthew S. West requested clarification on when the item regarding a
plan to spend the funds would be anticipated at a meeting for Council's consideration.
Council Member Gallagher clarified anytime with the three year period is the intent.
Council Member Gomez requested to bifurcate the motions.
City Council October 5, 2021
Meeting Minutes Page 7 of 11
DocuSign Envelope ID: DCE70E83-5954-4642-9993-ClC664DDDOE8
Motion: It was moved by Council Member Gallagher to direct staff to come back at
a reasonable meeting with a three year moratorium to the existing workforce housing
ordinance. Mayor Pro Tem Lumbard seconded the motion but requested clarification
regarding whether to allow upzoning during the moratorium as presented in the staff
report.
City Attorney David E. Kendig clarified that it was to ensure that this motion, if
adopted, would only establish a moratorium on the required affordability component.
It would not restrict the continuing use of the specific plan mechanisms that allow for
the upzoning to begin with. Council Member Gallagher confirmed that was the intent.
Mayor Pro Tem Lumbard confirmed his second with the clarification.
Motion failed: 2-2 (Mayor Clark and Council Member Gomez dissented)
Subsitute Motion: 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.
Motion carried: 3-1 (Mayor Clark dissented)
OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
Thanked the City Council, the Tustin Planning Commission, and especially the Community
Development Department staff for their effort and hard work with the Tustin General Plan
Housing Element; a huge accomplishment has been achieved.
Thanked City Clerk, Erica N. Yasuda for her hard work in organizing the virtual City Council
meetings this past year and transitioning the meetings from virtual to in-person, while
ensuring the meetings ran smoothly and safely; thanked the City Council for allowing the
city and staff to function with virtual meetings for the past eighteen (18) months; thanked
City Council for allowing city staff to hold City Council meetings in a safe environment.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Gallagher
Shared he is excited to be back in-person.
September 22-24
Attended the League of California Cities Annual Conference with Council Member Gomez;
attended a session on Californians for Community Planning; which is a group moving
forward trying to change California legislation; would like to find a way to support this group.
City Council October 5, 2021
Meeting Minutes Page 8 of 11
DocuSign Envelope ID: DCE70E83-5954-4642-9993-ClC664DDDOE8
September 28
Attended the Orange County Water District Legislative Briefing; discussed Per-and
Polyfluoroalkyl Substances (PFAS); would like certain legislation such as the PFAS Action
Act of 2021 (H.R. 2467) to be looked into; would like Tustin to get involved and support H.R.
2467; happy to follow-up with city staff on the issue.
September 29
Attended the Orange County Sanitation District Board meeting.
Council Member Gomez
September 22-24
Attended the League of California Cities Annual Conference with Council Member
Gallagher; announced is always good to attend the conference to meet up with colleagues
and hear what's going on in other cities; was a respectable turnout of Orange County cities;
attended interesting workshops; many cities are struggling with the same issues as Tustin,
such as Affordable Housing.
Congratulated the Parks and Recreation Department for a successful Tustin Tiller Days
Event and Parade; the parade was a success with lots of high school bands; good
attendance of participants; appreciated everyone trying to keep safe by keeping their
distance from one another and continuing to wear their masks.
Announced October is Breast Cancer Awareness Month; encouraged women to get their
mammograms and to take care of themselves.
Mayor Pro Tem Lumbard
September 27
Attended a Special Meeting of the Orange County Council of Governments.
September 30
Attended a Special Meeting of the Transportation Corridor Agencies.
Echoed Council Member Gomez comments regarding the Tustin Tiller Days Event and
Parade; congratulated staff and volunteers for a successful event.
September 24
Attended a tour of the proposed site of the Southern California Veterans Cemetery in
Anaheim Hills hosted by Assemblyman Steven S. Choi; encouraged residents to take a tour
of the site, announced since September 24, 2021 , twenty-five (25) cities in Orange County
have passed a Resolution in support of the Veterans Cemetery.
Thanked everyone for working hard to make the in-person City Council meetings possible;
helps to be back in-person; Tustin has a special group between City Council members, city
staff, and community members that at times may disagree on policy issues but there's
always a level of respect that remains between everyone; everyone is working towards a
shared goal; is happy to be back in-person.
City Council October 5, 2021
Meeting Minutes Page 9 of 11
DocuSign Envelope ID: DCE70E83-5954-4642-9993-ClC664DDDOE8
Mayor Clark
September 20
Attended the Boys and Girls Club Ribbon Cutting ceremony for the new climbing wall inside
their gym, courtesy of Sender One Climbing and other organizations.
Announced the success of the Tustin Tiller Days Event and Parade; was great to see
everyone enjoying themselves; congratulated the Parks and Recreation Department for
putting on a great event and weekend.
Shared she was out most of September, welcomed new baby Xavier to the family; thanked
colleagues for filling in when they could; thanked Mayor Pro Tem Lumbard for filling in her
seat; thanked city staff for the accommodations while out.
Expressed that being able to conduct City Council meetings online for the past year showed
the priorities of the health and safety for city staff and the Tustin community; City of Tustin
was seen as leaders of the County in how virtual meetings were being conducted; City
Council meetings were able to be conducted without too many glitches; remarkable to see
the accessibility being provided to the Tustin community through the hybrid style City
Council meetings; anyone is able to participate; everything ran well during the first hybrid
meeting; very encouraging to see.
Upcominq Events
October 16
Art Walk from 11 am — 5 pm
Old Town Tustin
October 25
Proposed District Election Hearing #4 at 7:00 pm
In-Person in the Council Chamber and Virtual over Zoom
For more information, please visit www.drawtustin.org
ADJOURNED IN MEMORY OF KATHLEEN "KATHY" GAYLE LEGER
TUSTIN POLICE DEPARTMENT VOLUNTEER
Kathy was born on April 24th, 1949 in Independence, Missouri. She later moved to
California when she graduated from Loara High School in Anaheim in 1967. A decade later,
on February 12th, 1977, she and Raymond Leger were married. The couple had two sons,
Kevin Andrew Leger born in 1982 and Brian Christopher Leger born in 1986. Kathy's
passion for service to her community led her to become an enthusiastic leader of the Cub
Scouts for 8 years, a data entry specialist at the Tustin Unified School District for 16 years,
a faithful Anaheim Ducks and Los Angeles Angels fan, as well as a dedicated volunteer for
the Tustin Police Department.
Kathy has been a part of the Tustin Police Department family for 20 years. Monday,
City Council October 5, 2021
Meeting Minutes Page 10 of 11
DocuSign Envelope ID: DCE70E83-5954-4642-9993-ClC664DDDOE8
September 27th of 2021 marks Kathy's End Of Watch. She was 72 years old. The one thing
she wanted most when the volunteer program resumed, after a temporary COVID-19 related
shut-down, was to return to work despite any health hurdles life sent her way. Remarkably,
Kathy dedicated 3,616 hours of accumulated hours to the volunteer program. She will be
remembered as a fighter and an absolute delight to work alongside with by everyone at the
City of Tustin.
Her family will also remember Kathy as a beloved wife, a loving mother, and a cherished
sister. She is survived by her husband Raymond, her sons, Kevin and Brian, her two sisters,
Mrs. Arnold and Mrs. Patricia Ward, as well as one niece, three nephews, one grandniece,
and five grand-nephews.
ADJOURNED at 9:23 p.m. 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.
FDocuSigned
by:� DocuSigned by:
LET FIAF f°ARK ERI A t14,,*Asv0A,
Mayor City Clerk
City Council October 5, 2021
Meeting Minutes Page 11 of 11