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Home My WebLink About00 CC AGENDA 12.7.21 CITY OF TUSTIN REGULAR DECEMBER 7, 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 December 7, 2021 Meeting Agenda Page 1 of 9 669-900-6833. 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 December 7, 2021 Meeting Agenda Page 2 of 9 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 p.m. CALL TO ORDER — #3011 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 LABOR NEGOTIATOR — pursuant to Government Code § 54957.6: (1 case) A. Unrepresented employee: City Manager, Matthew S. West Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources City Council December 7, 2021 Meeting Agenda Page 3 of 9 REGULAR MEETING OF THE CITY COUNCIL AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY 6:30 P.M. CALL TO ORDER — #3011 INVOCATION — Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE — Mayor Pro Tem Lumbard PRESENTATION — • Mayor Clark's 2021 Accomplishments 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 13) 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 NOVEMBER 16, 2021 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on November 16, 2021 . 3. RATIFICATION OF PAYROLL AND DEMANDS City Council December 7, 2021 Meeting Agenda Page 4 of 9 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 $907,841 .13; and Demands in the amount of $1,661 ,124.44. 4. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS In order for the Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the Council to make specified findings at least every thirty (30) days. Recommendation: Make the following findings by majority vote of the Council: A. A state of emergency has been proclaimed by California's Governor due to the COVID-19 pandemic and continues in effect; and B. The Council has reconsidered the circumstances of the state of emergency; and C. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19. 5. ADOPT RESOLUTION NO. 21-105 AMENDING COUNCIL POLICY REGARDING COUNCILMEMBER REQUESTS TO ADD ITEMS TO CITY COUNCIL AGENDAS As unanimously directed by the City Council at their November 16, 2021 meeting, Resolution No. 21-105 amends Council policy regarding Councilmember requests to add items to City Council agendas. The process includes two main steps. The first step being a written request co-signed by another Councilmember be submitted to the City Manager to agendize the item under the heading "Matters which Council Members have asked to be placed on a Future Agenda". The second step requires an affirmative vote of three Councilmembers in order to agendize the item for full discussion and consideration at a subsequent City Council meeting. Recommendation: That the City Council adopt Resolution No. 21-105, a Resolution of The City Council of The City of Tustin, California, amending Council policy regarding Councilmember requests to add items to City Council agendas. RESOLUTION NO. 21-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING COUNCIL POLICY REGARDING COUNCILMEMBER REQUESTS TO ADD ITEMS TO CITY COUNCIL AGENDAS 6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1517 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS) City Council December 7, 2021 Meeting Agenda Page 5 of 9 Adoption of Ordinance No. 1517 amends Chapter 2 of Article 9 of the Tustin City Code, revising the City's regulations pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling units (JADUs) in compliance with 2019 Senate Bill (SB) 13 and Assembly Bills (AB) 68, and 881 (collectively "ADU State Law"). Recommendation: That the City Council: 1 . Have second reading by title only and adoption of Ordinance No. 1517. ORDINANCE NO. 1517 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTIONS 9221a1 , 9222a5, 9223a7, 9224b1 , 9228a7, 9244d8, 9252j2, 9263g, 9264b8, 9271jj, 9297, and 9299b1 i AND ADDING SECTION 9279 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS 7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1516 (WATER SHORTAGE CONTINENCY PLAN) Adoption of Ordinance No. 1516 approves updating the Water Management Plan to incorporate changes outlined in the 2020 WSCP. The changes are the result of the California Legislature amending the Urban Water Management Planning Act in 2018 which, among other things, mandated the City develop and adopt a Water Shortage Contingency Plan (WSCP) with prescribed elements as part of the Urban Water Management Plan (UWMP). Recommendation: That the City Council: 1 . Have second reading by title only and adoption of Ordinance No. 1516. ORDINANCE NO. 1516 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE NECESSITY FOR AND AMENDING THE WATER MANAGEMENT PLAN 8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1519 (SOLID WASTE CHAPTER) Adoption of Ordinance No. 1519 amends Chapter 3 of Article 4 of the Tustin City Code pertaining to municipal solid waste and divertable materials. Recommendation: That the City Council: 1 . Have second reading by title only and adoption of Ordinance No. 1519. ORDINANCE NO. 1519 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING City Council December 7, 2021 Meeting Agenda Page 6 of 9 ARTICLE 4, CHAPTER 3 OF THE TUSTIN CITY CODE PERTAINING TO MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS 9. HOUSING SUCCESSOR AGENCY ANNUAL REPORT FOR FISCAL YEAR 2020- 2021 In accordance with Senate Bill 341's amendments to Health & Safety Code Section ("HSC") 34176.1(f), the Tustin Housing Authority, serving as the Housing Successor Agency to the former Tustin Community Redevelopment Agency, has prepared an annual report for filing with the Tustin Housing Authority Commission and the Tustin City Council. Recommendation: It is recommended the Tustin Housing Authority Commissioners take the following actions: • Receive and file the Housing Successor Agency Annual Report for Fiscal Year("FY") 2020-2021 and transmit such report to the Tustin City Council. It is recommended the City Council take the following actions: • Receive and file the Housing Successor's Annual Report for FY 2020-2021 . • Direct that a copy of the Housing Successor Agency Annual Report be posted on the City of Tustin's website at www.tustinca.org 10. AWARD CONTRACT FOR THE 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) Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Roadway Rehabilitation on Bryan Avenue from Red Hill Avenue to Browning Avenue and on Red Hill Avenue from Irvine Boulevard to Melvin Way, CIP No. 70020. Recommendation: It is recommended that the City Council award a construction contract to the lowest responsive/responsible bidder, PALP Inc. dba Excel Paving Company in the amount of $416,400.00, for the Bryan Avenue and the Red Hill Avenue street rehabilitation, CIP No. 70020 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 11. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer/traffic impact fees, and funds expended by the City, which satisfy the Maintenance of Effort (MOE). City Council December 7, 2021 Meeting Agenda Page 7 of 9 The Orange County Transportation Authority (OCTA) established the MOE benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds; the City's required MOE expenditure for Fiscal Year 2020-21 is $1 ,697,045. This figure will remain the same through Fiscal Year 2022-23. Recommendation: It is recommended that the City Council adopt Resolution No. 21-96, adopting the Measure M2 Expenditure Report for Fiscal Year 2020-2021 (attached), and direct staff to file the report with the Orange County Transportation Authority. RESOUTION NO. 21-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONCERNING THE MEASURE M2 (M2) EXPENDITURE REPORT FOR THE CITY OF TUSTIN, CALIFORNIA 12. MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 200 SOUTH B STREET The Mills Act is State legislation that provides for reduced property taxes on a historic property if the property owner agrees to maintain and preserve the property for a minimum of ten (10)years. On June 16, 1997, the adoption of City Council Resolution No. 97-50 authorized the implementation of a Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft Historic Property Preservation Agreement (Agreement)for the property located at 200 South B Street Owner: Joseph Heredia Location: 200 South B Street (Assessor's Parcel Number: 401-562-01) Recommendation: That the City Council adopt Resolution No. 21-102 authorizing the execution of a Historic Property Preservation Agreement (commonly referred as Mills Act Contract) with Mr. Joseph Heredia, the owner of the property located at 200 South B Street. RESOLUTION NO. 21-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 200 SOUTH B STREET, TUSTIN, CALIFORNIA 13. MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 450 WEST THIRD STREET The Mills Act is State legislation that provides for reduced property taxes on a historic City Council December 7, 2021 Meeting Agenda Page 8 of 9 property if the property owner agrees to maintain and preserve the property for a minimum of ten (10)years. On June 16, 1997, the adoption of City Council Resolution 97-50 authorized the implementation of a Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft Historic Property Preservation Agreement (Agreement)for the property located at 450 West Third Street. Owner: Shannon and Charles McCance Location: 450 West Third Street (Assessor's Parcel Number: 401-363-08) Recommendation: That the City Council adopt Resolution No. 21-103 authorizing the execution of a Historic Property Preservation Agreement (commonly referred to as Mills Act Contract) with Mr. and Mrs. McCance, the owners of the property located at 450 West Third Street. RESOLUTION NO. 21-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 450 WEST THIRD STREET, TUSTIN, CALIFORNIA REGULAR BUSINESS ITEM 14 14. MAYOR AND MAYOR PRO TEM SELECTION The City Council selects those members of the Council who will serve as Mayor and Mayor Pro Tem for the following year. Recommendation: Pleasure of the City Council. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURN IN MEMORY OF TUSTIN UNIFIED SCHOOL DISTRICT TEACHER AND ADMINISTRATOR DIANE AUST ADJOURNMENT - The next meeting is scheduled on Tuesday, December 21 , 2021 for the Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m. City Council December 7, 2021 Meeting Agenda Page 9 of 9