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Home My WebLink AboutCC MINUTES 10.19.21 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3 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 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 p.m. CALL TO ORDER — #3007 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 City Council will convene to discuss Items 1 , 3, 4 and 5 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) 3. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION (1 case) City Council October 19, 2021 Meeting Minutes Page 1 of 9 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3 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 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 6:30 P.M. CALL TO ORDER — #3007 at 6:39 p.m. INVOCATION - Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE — Council Member Gallagher PRESENTATIONS — Tustin Community Foundation's Executive Director Erin Nielsen introduced Enderle Center's General Manager Sharyn Cable. Ms. Cable introduced the 2019 Tustin Man of the Year, Dr. Rick Nelson, and 2019 Woman of the Year, Dr. Patricia Machado, and donated a check on behalf of the Enderle Center to the Tustin Community Foundaiton in honor of the Man and Woman of the year recipients. Mayor Clark presented a Proclamation to Orange County Hunger Alliance Hunger Relief Worker Claudia Bonilla Keller in recognition of declaring October as Hunger Action Month. PUBLIC INPUT — None CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council took no reportable action. City Council October 19, 2021 Meeting Minutes Page 2 of 9 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3 CONSENT CALENDAR ITEMS 1-8 — It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gomez to pull Item No. 8 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 OCTOBER 9, 2021 AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON OCTOBER 5, 2021. Motion: The City Council approved 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. Motion: The City Council approved 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. Motion: The City Council took the following actions: 1 . Adopted 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 City Council October 19, 2021 Meeting Minutes Page 3 of 9 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3 2. Authorized 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 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. Motion: The City Council: 1 . Adopted 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. Authorized 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 City Council October 19, 2021 Meeting Minutes Page 4 of 9 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3 Guidelines Section 103 (b) (1) (A). Motion: The City Council took the following actions: 1 . Adopted 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. Authorized 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 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. Motion: The City Council authorized 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 City Council October 19, 2021 Meeting Minutes Page 5 of 9 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3 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. Council Member Gomez commented on the importance of this report which is a valuable tool for the community to understand the history of the city, and commended staff for the detailed report. Council Member Gomez confirmed with staff that this report will be available on the website. It was moved by Council Member Gomez and seconded by Mayor Pro Tem Lumbard that the City Council receive and file the report. Motion carried: 4-0 REGULAR BUSINESS ITEM 9 9. VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM ORDINANCE AND IN-LIEU FEE Ordinance No. 1491 was adopted in September of 2018 by adding Chapter 913 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. City Council October 19, 2021 Meeting Minutes Page 6 of 9 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3 Public Input — 1 . Karissa DiStefano, Building Industry Association (submitted an e-mail and addressed the Council in-person) 2. Tustin Planning Partnership (submitted e-comments) 3. Lisa Talmage (addressed the Council via Zoom) 4. Kimberly Adams (addressed the Council via Zoom) 5. The Kennedy Commission (submitted a letter) It was moved by Mayor Clark and seconded by Mayor Pro Tem Lumbard to continue this item to the next meeting. Motion carried: 4-0 COUNCIL MEMBER COMMENTS AND REPORTS Council Member Gallagher October 6 Attended the Orange County Sanitation District Operations Committee meeting. October 11 Attended the Orange County Sanitation District Groundwater Replenishment Steering Committee meeting. Thanked Mayor Clark for the opportunity to attend the Municipal Water District of Orange County (MWDOC) facilitative discussion; identified programs MWDOC can provide to the City of Tustin as it relates to water efficiency; requested information from city staff on the City's water use efficiency, specifically to how it relates to recent legislation such as SB 606 and AB 1668; sees an opportunity to improve water efficiency in the City. Mayor Clark Asked Council Member Gallagher if there was mention of the programs having grant funding or opportunity to fund some of the work. Council Member Gallagher Announced there was no discussion on the programs having grant funding but believes there are a lot of grants available for water use efficiency. Council Member Gomez Attended the Tustin Senior Advisory Board retreat; discussed goals and events for the upcoming year; discussed the mission of the Tustin Area Senior Center; speaking more on education and engagement resource development. City Council October 19, 2021 Meeting Minutes Page 7 of 9 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3 October 16 o Toured the Irvine Ranch Conservancy; great opportunity to see some of the open space that is north of Tustin; interesting to see what the County of Orange terrain looks like; it's phenomenal. o Attended the Parks and Recreation Art Walk event; was very well organized; lots of participants; thanked Parks and Recreation staff for their efforts in a successful event. Mayor Pro Tem Lumbard Announced he agrees with Council Member Gallagher, in regards to water efficiency in Tustin, would like more information on the topic. October 14 Attended the Transportation Corridor Agencies Joint Board of Directors meeting; discussed litigation matters as well as the performance review of the CEO Michael Kraman. October 16 Received resounding compliments from those who attended the event; congratulated the Parks and Recreation staff for their hard work. Congratulated and thanked the 2019 Man and Woman of the Year Rick Nelson and Patricia Machado for all their volunteer work they have done for the Tustin community; Tustin has a special community of volunteers who make Tustin a wonderful place to live; proud to be a part of the Tustin community; thanked all the volunteers who donate their time to the community. Mayor Clark Upcominq Events October 25 Proposed District Election Public Hearing #4 7:00 PM Location: Council Chamber & Zoom For more information visit DrawTustin.org October 27 City of Tustin and Orange County One-Stop Mobile Employment Unit 10:00 AM - 4:00 PM Location: Tustin Library Visit oconestop.com/mobile-unit October 28 Virtual Residential Parking Community Meeting #3 City Council October 19, 2021 Meeting Minutes Page 8 of 9 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3 6:00 p.m. Location: ZOOM October 29 Halloween Howl 3.00 PM - 5.00 PM Location: Columbus Tustin Activity Center Congratulated the Lumbard Family on their new addition to their family ADJOURNED at 7:13 p.m. 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. DocuSigned by: DocuSig ned by: r—f--� aSu LETT EIiL'/1Rf��; ERI 'A, A Mayor City Clerk City Council October 19, 2021 Meeting Minutes Page 9 of 9