HomeMy WebLinkAbout00 CC AGENDA 8.3.21 CITY OF TUSTIN REGULAR AUGUST 3, 2021
MEETING OF THE CITY COUNCIL . VIDEO CONFERENCE
AND LOCAL REUSE AUTHORITY
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 RE PUBLIC PARTICIPATION
DURING COVID-19 EMERGENCY
During the Statewide COVID-19 Emergency, the public is not permitted to convene in person
for this public meeting. However, the public may still view and comment on the meeting as
follows:
To watch the meeting, the public may observe the meeting via the City's Granicus
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1. PARTICIPATING DURING A MEETING
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ASSISTANCE DURING THE MEETING
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Meeting ID: 940 8640 1921
Passcode- 600222
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Meeting ID: 940 8640 1921
Passcode- 600222
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A. To submit an e-comment on an upcoming meeting agenda prior to
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https://tustin.granicusideas.com/meetings?scope=upcoming and
select the agenda item.
B. To submit an e-comment on an upcoming meeting agenda during the
meeting, go to https://tustin.granicusideas.com/meetings?scope=past
and select the agenda item.
C. Follow the links to type and submit your comment(s) on one or more
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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.
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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.
CLOSED SESSION MEETING OF THE CITY COUNCIL AND THE COUNCIL ACTING IN
ITS CAPACITY AS THE LOCAL REUSE AUTHORITY
4:30 p.m.
CALL TO ORDER — #3002
ATTENDANCE —
PUBLIC INPUT — Members of the public may address the City Council on items 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): (3 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. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION (1 case)
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A. (Paragraphs (1) and (4) of subdivision (d) of Section 54956.9 — determining whether
to join pending litigation) Name of Case: Orange County Council of Governments v.
Gustavo Velasquez, Interim Director of Department of Housing and Community
Development, et al. Case Number: Los Angeles Superior Court Case Number
21 STCP01970
5. LABOR NEGOTIATIONS — [Government Code § 54957.6]
Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown,
Liebert Cassidy Whitmore
Employee Organization- Tustin Municipal Employees Association TMEA
Employee Organization- Tustin Police Officers Association—Management Unit TPMA
Employee Organization- Tustin Police Officers Association—Officer Unit TPOA
Employee Organization: Tustin Police Support Services Management Association
(TPSSMA)
Employee Organization- Tustin Police Support Service Association TPSSA
Employee Organization: Unrepresented Confidential Employees
Employee Organization: Unre resented Supervisory Employees
Employee Organization: Unrepresented Executive Management and Management
Employees
Employee Organization- Unrepresented Part-Time Employees
REGULAR MEETING OF THE CITY COUNCIL - 6:00 P.M.
CALL TO ORDER — #3002
INVOCATION - Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE — Council Member Gallagher
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
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with the City Clerk. (Agenda Items 1 through 14)
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 JULY 20, 2021.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on July 20, 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 $946,721.80; and Demands in the amount of $2,791 ,249.22.
4. CITYWIDE RECORDS RETENTION SCHEDULE AMENDMENT
Staff is proposing the adoption of a revised Records Retention Schedule.
Recommendation: Adopt Resolution No. 21-55, amending the City's Records
Retention Schedule.
RESOLUTION NO. 21-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING AN AMENDED RECORDS RETENTION SCHEDULE, AUTHORIZING
THE DESTRUCTION OF CERTAIN CITY RECORDS, AND RESCINDING
PREVIOUS RESOLUTION NO. 20-45
5. AWARD CONTRACT FOR THE RED HILL AVENUE MEDIAN IMPROVEMENTS
PROJECT (CIP NO. 70252)
Staff is requesting the City Council consent to the withdrawal of the bid from KASA
Construction, Inc., award the construction contract to the second lowest
responsive/responsible bidder, Marina Landscape, Inc., for the Red Hill Avenue
Median Improvements Project (CIP No. 70252), and authorize the Mayor and the City
Clerk to execute the contract documents on behalf of the City.
Recommendation: It is recommended that the City Council:
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1 . Consent to the bid withdrawal from the lowest responsive/responsible bidder,
KASA Construction, Inc. and release bid bond;
2. Award a construction contract to the next lowest responsive/responsible
bidder, Marina Landscape, Inc. in the amount of $439,916.25, for the Red Hill
Avenue Median Improvements Project (CIP No. 70252);
3. Authorize the Mayor and the City Clerk to execute the contract documents on
behalf of the City; and
4. Appropriate $150,000 from Gas Tax Reserves (Fund 130).
6. AMERICAN RESCUE PLAN ACT MEAL GAP SERVICES FUNDING FROM THE
COUNTY OF ORANGE
This report recommends that the City Council accept and appropriate $255,017 of
American Rescue Plan Act funds from the County of Orange for meal gap support
initiatives in response to COVID-19.
Recommendation: Staff recommends the City Council accept and appropriate
$255,017 of American Rescue Plan Act funds from the County of Orange for meal
gap support initiatives in response to COVID-19.
7. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
Quarterly Report for the fourth quarter of 2020 and the first quarter of 2021 . The
average noise level measured at Tustin's monitoring station (NMS 1 ON), located at
Columbus Tustin Middle School on Beneta Way (Figure 1), remained fairly consistent
with prior quarters during the fourth and first quarter reporting periods. Average noise
levels during the fourth and first quarter continued to remain well below the City,
County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for
residential uses.
Recommendation: That the City Council receive and file this report.
8. ADOPT RESOLUTION NO. 21-58 TO ACCEPT IMPROVEMENTS FOR THE
JOINT PROJECT WITH THE COUNTY OF ORANGE FOR STREET
MAINTENANCE AND CONCRETE REPAIRS WITHIN SHARED BOUNDARY
AREAS - PHASE 1, CIP NO. 70019 AND AUTHORIZE THE CITY ENGINEER TO
FILE A NOTICE OF COMPLETION
Construction of the joint project with the County of Orange and City of Tustin for street
maintenance and concrete repairs located at shared boundaries - Phase 1 (CIP No.
70019) has been completed to the satisfaction of the City Engineer and is now ready
for City Council acceptance.
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Recommendation: It is recommended that the City Council take the following
actions:
1 . Adopt Resolution No. 21-58 accepting the construction of the Joint Project
with the County of Orange and City of Tustin street maintenance and concrete
repairs within shared boundary areas - Phase 1 , CIP No. 70019; and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder's Office.
RESOLUTION NO. 21-58
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 JOINT PROJECT WITH THE
COUNTY OF ORANGE AND CITY OF TUSTIN STREET MAINTENANCE AND
CONCRETE REPAIRS WITHIN SHARED BOUNDARY AREAS — PHASE 1 , CIP
70019
9. LEGISLATIVE UPDATE
Staff and the City's consultant (Townsend Public Affairs) have prepared a summary
of state legislative activity.
Recommendation: Receive and file the legislative update.
10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1514
Adoption of Ordinance No. 1514 approves ZC 2020-0001 to rezone the property
located at 1382 Bell Avenue from Planned Community Industrial (PC-IND)to Planned
Community Industrial/Business (PC-IND/BUS) and applies Tustin City Code parking
standards for offices exceeding 25,000 square feet to the PC-IND/BUS district.
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1514.
ORDINANCE NO. 1514
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING
ZONE CHANGE 2020-0001 TO CHANGE THE ZONING DESIGNATION OF 1382
BELL AVENUE FROM PLANNED COMMUNITY INDUSTRIAL (PC-IND) TO
PLANNED COMMUNITY INDUSTRIAL/BUSINESS (PC-IND/BUS) AND TO APPLY
CITY CODE PARKING STANDARDS FOR OFFICES EXCEEDING 25,000
SQUARE FEET
11. AUTHORIZATION FOR NEW CONTRACT WITH THE ALL CITY MANAGEMENT
SERVICES (ACMS) INC. CROSSING GUARD SERVICES AGREEMENT
The crossing guard contract with All City Management Services, Inc. has expired
after the seven (7) year agreement (three years of an initial agreement and two (2),
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two-year extensions). The Police Department conducted a Request for Proposal
(RFP) process which was released on May 31, 2021 and closed on June 28, 2021 at
11 :00 a.m.
All City Management Services, Inc. (ACMS), which has been providing crossing
guard services for the City of Tustin for the last 22 years, was the only contractor to
submit a proposal. ACMS submitted their proposal on June 28, 2021 at 10:59 a.m.
Recommendation: Approve and execute the new initial contract with All City
Management Services, Inc. and the City of Tustin in order to provide 13,860 hours of
school crossing guard services for the 2021 - 2022 school year, 13,860 hours of
school crossing guard services for the 2022 - 2023 school year, and 13,860 hours of
school crossing guard service for the 2023 - 2024 school year.
12. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY FOR THE QUARTER ENDING JUNE 30, 2021
Government Code Section 53646 requires that the Treasurer make an Investment
Report to the City Council at least quarterly showing balances by authorized
investment and certifying its compliance with the adopted Investment Policy.
Recommendation: Receive and file.
13. MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL
EMPLOYEES ASSOCIATION
Adoption of the attached Resolution and Memorandum of Understanding (MOU) will
revise the effective date of the MOU with the Tustin Municipal Employees Association
(TMEA) in accordance with City Council direction.
Recommendation: It is recommended that the City Council adopt Resolution No.
21-59 amending the City's Classification and Compensation Plans and approving an
updated Memorandum of Understanding with TMEA for the period of July 1 , 2021
through June 30, 2024.
RESOLUTION NO. 21-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE
CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF TUSTIN AND THE TUSTIN MUNICIPAL EMPLOYEES
ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND
CONDITIONS OF EMPLOYMENT
14. MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE SUPPORT
SERVICES ASSOCIATION AND THE TUSTIN POLICE SUPPORT SERVICES
MANAGEMENT ASSOCIATION
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Adoption of the attached Resolutions and Memoranda of Understanding (MOU) will
authorize terms and conditions of employment for employees in classifications
represented by the Tustin Police Support Services Association (TPSSA) and the
Tustin Police Support Services Management Association (TPSSMA) in accordance
with City Council direction.
Recommendation: It is recommended that the City Council adopt Resolution No.
21-60 and Resolution No. 21-61 amending the City's Classification and
Compensation Plans, approving a Memorandum of Understanding with TPSSA for
the period of July 1 , 2021 through June 30, 2024, and approving a Memorandum of
Understanding with TPSSMA for the period of July 1 , 2021 through June 30, 2024.
RESOLUTION NO. 21-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE
CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT
SERVICES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND
CONDITIONS OF EMPLOYMENT
RESOLUTION NO. 21-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE
CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT
SERVICES MANAGEMENT ASSOCIATION, CONCERNING WAGES, HOURS,
AND TERMS AND CONDITIONS OF EMPLOYMENT
REGULAR BUSINESS ITEMS 15-17
15. DESIGNATION OF VOTING DELEGATES AND ALTERNATES — LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE SCHEDULED FOR SEPTEMBER
22-24, 2021 (SACRAMENTO)
In order to vote at the Annual Business Meeting, the City Council must designate a
voting delegate and up to two alternate voting delegates, one of whom may vote in
the event that the designated voting delegate is unable to serve in that capacity.
Recommendation: Pleasure of the City Council.
16. RESOLUTION 21-64 DECLARING THE CITY COUNCIL'S INTENTION TO
TRANSITION FROM AT-LARGE TO DISTRICT ELECTIONS
The City of Tustin currently utilizes an at-large election system to elect its City Council
Members. On June 23, 2020, the City received a letter from the Mexican American
Legal Defense and Education Fund asserting that the at-large election system
violates the California Voting Rights Act and threatens litigation if the City declines to
voluntarily convert to district-based elections. The first step in transitioning to district-
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based elections is adoption of a resolution of intention. A resolution of intention to
transition from at-large to district-based elections has been prepared which would, if
adopted, express the City Council's intention to complete the transition in time for the
2022 General Municipal Election. The purpose of this report is to present the
Resolution for Council consideration.
In the event the Council approves the attached Resolution it is also recommended
that the Council concurrently authorize the City Manager to proceed with an
agreement to extend the deadline to adopt an ordinance establishing district-based
elections by an additional 90 days (increasing the period from 90 days to 180 days)
in order to provide additional time to conduct public outreach, encourage public
participation, and receive public input.
Recommendation: It is recommended that the City Council take the following
actions:
1 . Adopt Resolution 21-64, entitled "A RESOLUTION OF CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO
TRANSITION FROM AT-LARGE TO DISTRICT-BASED ELECTIONS
PURSUANT TO CALIFORNIA ELECTIONS CODE 10010(e)(3)(A)"; and
2. Authorize the City Manager to approve and execute an agreement with
MALDEF to extend by an additional 90 days the deadline to adopt an
ordinance establishing district-based elections in a form to be approved by the
City Attorney.
RESOLUTION NO. 21-64
A RESOLUTION OF CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING ITS INTENTION TO TRANSITION FROM AT-LARGE TO DISTRICT-
BASED ELECTIONS PURSUANT TO CALIFORNIA ELECTIONS CODE
10010(e)(3)(A)
17. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL
EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19)
Consider adoption of Resolution 21-65 determining that there is a need to continue
the local emergency relating to COVID-19 in accordance with Government Code
Section 8630.
Recommendation:
Option A)
Adopt Resolution No. 21-65 Determining the Need to Continue the Local
Emergency Regarding Novel Coronavirus (COVID-19).
Option B)
Pleasure of the City Council.
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RESOLUTION NO. 21-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY
REGARDING NOVEL CORONAVIRUS (COVID-19)
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, August 17, 2021 for the
Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
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