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Home My WebLink About00 CC AGENDA 3.15.22CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL +r Barry W. Cooper, Mayor Pro Tem Letitia Clark, Council Member Ryan Gallagher, Council Member Rebecca Gomez, Council Member MARCH 15, 2022 300 CENTENNIAL WAY,TUSTIN COUNCIL CHAMBER AND VIDEO CONFERENCE Austin Lumbard, Mayor Matthew S. West, City Manager Erica N.Yasuda, City Clerk 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 669-900-6833. City Council March 15, 2022 Meeting Agenda Page 1 of 7 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 March 15, 2022 Meeting Agenda Page 2 of 7 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 p.m. CALL TO ORDER — #3017 ATTENDANCE — City Clerk PUBLIC INPUT — Members of the public may offer comments in writing, in person or 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) REGULAR MEETING OF THE CITY COUNCIL 6:30 P.M. Ceyt1 M tox@] N 114 0 W. -I-4111 I N INVOCATION - Pastor Michael Truong, Mariners 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 City Council March 15, 2022 Meeting Agenda Page 3 of 7 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 - 6) 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 MARCH 1, 2022. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on March 1, 2022. 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 $924,026.53; and Demands in the amount of $2,398,690.05. 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. 2021 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION MONITORING STATUS REPORT FOR FEIS/EIR FOR MCAS TUSTIN SPECIFIC PLAN City Council March 15, 2022 Meeting Agenda Page 4 of 7 The California Government Code requires that the Planning Commission provide an annual progress report to the City Council on the status of the City's General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing development, maintenance, and improvement. In addition, the City Council certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of MCAS Tustin along with its Supplemental and Addendums. The FEIS/EIR evaluated the environmental impacts of the reuse and disposal of MCAS -Tustin, which included the adoption of a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP requires annual review to ensure compliance with required mitigations. On March 8, 2022, the Planning Commission reviewed the General Plan Annual Report and the Tustin Legacy Annual Mitigation Monitoring Status Report and authorized staff to forward the reports to the City Council. With Council authorization, staff will forward the General Plan Annual Report to the California Department of Housing and Community Development (HCD) and Office of Planning and Research (OPR) in fulfillment of the State's requirement, and receive and file the Tustin Legacy Annual Mitigation Monitoring Status Report. Recommendation: That the City Council: 1. Authorize staff to forward the General Plan Annual Report to the State OPR and HCD; and 2. Receive and file the Tustin Legacy Annual Mitigation Monitoring Status Report and authorize staff to submit a subsequent report when considerable and significant activities occur. 6. POLICE DEPARTMENT VEHICLE PURCHASE - AMENDED An agenda report was completed, submitted, and approved in January 2022. Due to manufacturing issues and delays, the vehicles in the original report are no longer available, and the associated quotes are no longer valid. Dodge Charger pursuit - rated vehicles are not available for the 2022 model year; therefore, Staff is recommending the purchase of four (4) 2022 Dodge Durango pursuit -rated vehicles instead of the (3) Dodge Chargers and (1) Dodge Durango. Staff has already confirmed that the 2022 Dodge Durangos are available at this time. Due to inflation, there is also a related price increase on Dodge Durango pursuit -related vehicles. The original agenda report has been attached to this document for reference. Recommendation: It is recommended the City Council authorize: 1. The purchase of four (4) 2022 Dodge Durango pursuit -rated vehicles from the National Auto Fleet Group in the City of Alhambra in the amount of $195,531.80 ($48,882.95 ea) as replacements for four (4) of the aging, high - mileage vehicles scheduled for replacement. City Council March 15, 2022 Meeting Agenda Page 5 of 7 2. The purchase of police equipment conversion packages for four (4) 2022 Dodge Durango pursuit -rated vehicles in the amount of $52,278.20 ($13,069.55 ea). 3. The purchase of graphic designs from Digital Magic Signs for four (4) 2022 Dodge Durango pursuit -rated vehicles in the amount of $2,947.24 ($736.81 ea). 4. The purchase of one (1) additional 2022 Dodge Durango special -use detention officer vehicle from the National Auto Fleet Group in the City of Alhambra in the amount of $40,470.91 as a dedicated Detention Officer (D/O) vehicle to fully staff the Police Department jailer program. 5. The purchase of a police equipment conversion package for one (1) 2022 Dodge Durango special -use detention officer vehicle in the amount of $13,312.68. 6. The purchase of graphic designs from Digital Magic Signs for one (1) 2022 Dodge Durango special -use detention officer vehicle in the amount of $736.81. 7. The purchase of a WatchGuard in -vehicle audio/video recording system from WatchGuard Video for one (1) 2022 Dodge Durango special -use detention officer vehicle in the amount of $6,411.36. 8. The purchase of a Motorola Radio System from Motorola Solutions for one (1) 2022 Dodge Durango special -use detention officer vehicle in the amount of $12,301.81. 9. The Public Works Department to dispose of the retired surplus vehicles at the next available public auction and credit net proceeds to the applicable City Revenue Fund. 10. Request a supplemental appropriation in the amount of $55,631.69 from the Equipment Replacement Fund (Fund 184) to cover the additional cost associated with purchasing the Dodge Durango versus the Dodge Charger. PUBLIC HEARING ITEM 7 7. ADOPT RESOLUTION NO. 22-12 ESTABLISHING THE PROPOSED RED HILL AVENUE UNDERGROUND UTILITY DISTRICT NO. 2022-01 Staff is requesting the City Council establish Underground Utility District No. 2022- 01, ordering the removal of all existing overhead utilities, including but not limited to Southern California Edison (SCE), Verizon Wireless, Charter Communications, and AT&T, along a portion of Red Hill Avenue between EI Camino Real and approximately 230 feet north of San Juan Street, and placement underground. The boundary of the proposed district is shown on Exhibit "A" of the attached Engineer's Report. SCE has estimated the project cost at approximately $1.2M, which shall be funded by California Public Utilities Commission Rule 20A allocations ("work credits") that were accrued on the City's behalf over several years. Tustin Municipal Code Article 7, Chapter 5 outlines procedures and requirements for establishing such an underground utility district. Recommendation: It is recommended that the City Council: City Council March 15, 2022 Meeting Agenda Page 6 of 7 Approve the attached City Engineer's Report for Proposed Red Hill Avenue Underground Utility District No. 2022-01 ("Engineer's Report"); and 2. Adopt Resolution No. 22-12 establishing Red Hill Avenue Underground Utility District No. 2022- 01. RESOLUTION NO. 22-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 2022-01 PURSUANT TO CALIFORNIA PULIC UTILITIES COMMISSION RULE 20A AND TUSTIN MUNICIPAL CODE ARTICLE 7, CHAPTER 5 REGULAR BUSINESS ITEM 8 8. COMMUNITY DEVELOPMENT DEPARTMENT 2021 YEAR IN REVIEW Throughout the year, staff provides the City Council with a status of projects that the Planning Commission, Zoning Administrator, or Community Development Director approved; major improvement projects; and other items of interest. The Community Development Department's 2021 Year in Review summarizes the Community Development Department's activities throughout 2021 including discretionary permits processed and approved (i.e. Conditional Use Permits, Design Reviews, Subdivision Maps, etc.), major accomplishments for various functional areas within the Department, streamlining efforts, Code Enforcement activities, and Building Division activities. Recommendation: That the City Council receive and file the report. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, April 5, 2022 for the Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m. City Council March 15, 2022 Meeting Agenda Page 7 of 7