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HomeMy WebLinkAbout00 CC AGENDA 9.21.21 CITY OF TUSTIN REGULAR SEPTEMBER 21, 2021 MEETING OF THE CITY COUNCIL . VIDEO CONFERENCE AND LOCAL REUSE AUTHORITY 777 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 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 verbally address the City Council during a public meeting should electronically submit a Request to Speak form by clicking here. Submitting this form prior to the meeting will allow the City Clerk to identify who would like to speak during the correct item on the agenda. Please note: You are not required to provide your name, however please provide the screen name or phone number you will use to join the meeting. By joining the meeting, you will be able to speak but your video will not be enabled. Please see further instructions below. ASSISTANCE DURING THE MEETING If you have any questions or need assistance during the meeting, please contact City Clerk's Office by calling 714-573-3027. 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. City Council September 21, 2021 Meeting Agenda Page 1 of 9 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. 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 PRIOR TO AND DURING THE MEETING 1 . Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda prior to commencement of the meeting, go to 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 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. City Council September 21, 2021 Meeting Agenda Page 2 of 9 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 — #3005 ATTENDANCE — PUBLIC TTENDANCE —PUBLIC INPUT — Members of the public may offer comments in writing or electronically in real time via Zoom to 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): (2 cases) 2. 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 3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 4. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION (1 case) City Council September 21, 2021 Meeting Agenda Page 3 of 9 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. 5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code § 54956(d)(1): (1 case) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 6:00 P.M. CALL TO ORDER — #3005 INVOCATION - Pastor Jorge Molina - Mariners Church PLEDGE OF ALLEGIANCE — Council Member Cooper 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 11) 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 SEPTEMBER 7, 2021. City Council September 21, 2021 Meeting Agenda Page 4 of 9 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on September 7, 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 $955,091 .17 and $902,024.48; and Demands in the amount of $7,912,699.04. 4. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT Pursuant to the Tustin Housing Authority Bylaws and State of California Housing Authorities Law of the California Health and Safety Code Section 34328, the Tustin Housing Authority ("Housing Authority") is holding an annual meeting in order to receive and file the annual report of its activities for the preceding fiscal year. Recommendation: The Tustin Housing Authority Commissioners take the following actions: o Receive and file the Annual Report for Fiscal Year ("FY") 2020-2021 and transmit such report to the Tustin City Council. The City Council take the following actions: o Receive and file the Housing Authority's Annual Report for FY 2020-2021 . o Direct that a copy of the Housing Authority's Annual Report for FY 2020-2021 be filed with the City Clerk and ex-officio Clerk of the City Council of the City of Tustin and the California State Department of Housing and Community Development. 5. RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBER 104-611-33 AS SURPLUS LAND Resolution 21-73 will declare APN 104-611-33 as surplus land pursuant to California Government Code Section 54221 . Recommendation: It is recommended that the City Council take the following actions: 1 . Adopt Resolution 21-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBER 104-611-33 AS City Council September 21, 2021 Meeting Agenda Page 5 of 9 SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221 . 2. Direct staff to submit the appropriate documentation to the California Department of Housing and Community Development. 6. RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBER 104-611-30 AS SURPLUS LAND Resolution 21-72 will declare APN 104-611-30 as surplus land pursuant to California Government Code Section 54221 . Recommendation: It is recommended that the City Council take the following actions: 1 . Adopt Resolution 21-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBER 104-611-30 AS SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221 . 2. Direct staff to submit the appropriate documentation to the California Department of Housing and Community Development. 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE BENETA WELL NO. 2 — PHASE I DRILLING PROJECT, CIP NO. 60151 The plans and specifications for the Beneta Well No. 2 — Phase I Drilling Project, CIP No. 60151 , have been prepared and the project is now ready for bid. Recommendation: It is recommended that the City Council: 1 . Adopt Resolution No. 21-79 approving the plans and specifications for the Beneta Well No. 2 — Phase I Drilling Project, CIP No. 60151 ; and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 21-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE BENETA WELL NO. 2 — PHASE I DRILLING PROJECT, CIP NO. 60151, AND AUTHORIZING ADVERTISEMENT FOR BIDS 8. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR TUSTIN FAMILY AND YOUTH CENTER COURTYARD IMPROVEMENTS (CIP No. 10085) City Council September 21, 2021 Meeting Agenda Page 6 of 9 This project includes improvements to the Tustin Family and Youth Center to convert a portion of the parking lot to outdoor programmable space, as well as improve ADA access, upgrade the shade structure fabric, and repaint the building exterior. Recommendation: Staff recommends that the City Council approve Resolution No. 21-80, approving plans and specifications for the Tustin Family and Youth Center Courtyard Improvements project (CIP No. 10085) and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 21-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE TUSTIN FAMILY AND YOUTH CENTER COURTYARD IMPROVEMENTS (CIP No. 10085) 9. TUSTIN LANDSCAPE AND LIGHTING DISTRICT BUDGET ADJUSTMENT During the spring of 2021 , property owners in the Tustin Landscape and Lighting District were given the opportunity to submit a ballot in support of or opposition to increasing the annual assessment on their properties in order to sustain the existing level of landscape maintenance and lighting service throughout the Tustin Ranch area. Ballots were tabulated on June 15, 2021 and there was not sufficient support from the property owners to increase assessments. The final results were provided to the City Council at their meeting on July 20, 2021 . To maintain a balanced budget, expenditures will need to be reduced from $1 ,240,100 to $812,218. Recommendation: It is recommended that the City Council: 1 . Approve the amended workplan and budget adjustment outlined in this report; and 2. Authorize the Director of Public Works/City Engineer to execute a contract amendment with Mariposa Landscapes, Inc. to reduce maintenance services provided within the Tustin Landscape and Lighting District. 10. AUTHORIZATION TO PURCHASE FOUR (4) SHADE STRUCTURES FOR THE LAUREL GLEN AND CAMINO REAL PARK SHADE STRUCTURES PROJECT (CIP NO. 20088) Staff is requesting authorization to purchase of four (4) shade structures for the Laurel Glen and Camino Real Park Shade Structures project (CIP No. 20088) utilizing the Sourcewell cooperative government purchasing program. Recommendation: It is recommended that the City Council adopt Resolution 21-74, authorizing the use of the Sourcewell (formerly National Joint Powers Alliance) cooperative government purchasing program (Contract # 022113-LTS) for the purchase of four (4) shade structures from Playpower, Inc./USA Shade. RESOLUTION NO. 21-74 City Council September 21, 2021 Meeting Agenda Page 7 of 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE USE OF THE SOURCEWELL COOPERATIVE PURCHASING PROGRAM TO CONTRACT FOR THE PURCHASE OF FOUR (4) SHADE STRUCTURES FOR LAUREL GLEN PARK AND CAMINO REAL PARK (CIP No. 20088) 11. LEGISLATIVE UPDATE Staff and the City's consultant (Townsend Public Affairs) have prepared a summary of state legislative activity and related City actions. Recommendation: Receive and file. REGULAR BUSINESS ITEMS 12 -13 12. SALARY RESOLUTIONS FOR UNREPRESENTED EXECUTIVE MANAGEMENT, MANAGEMENT, SUPERVISORY, CONFIDENTIAL, AND PART-TIME NON- BENEFITTED EMPLOYEES Adoption of the attached Resolutions will authorize terms and conditions of employment for unrepresented Executive Management, Management, Supervisory, and Confidential employees in accordance with City Council direction. Recommendation: It is recommended that the City Council adopt Resolution No. 21-81 , Resolution No. 21-82, and Resolution No. 21-83, amending the City's Classification and Compensation Plans for Executive Management, Management, Supervisory, Confidential, and Part-Time Non-Benefitted employees. RESOLUTION NO. 21-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 20-63 RESOLUTION NO. 21-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY AND CONFIDENTIAL EMPLOYEES, AND SUPERSEDING RESOLUTION 18-63 RESOLUTION NO. 21-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION FOR UNREPRESENTED PART-TIME NON-BENEFITTED EMPLOYEES AND SUPERSEDING RESOLUTION 18-87 13. RESOLUTION MODIFYING THE SCHEDULE OF THE REGULAR CITY COUNCIL MEETINGS AND PLANNING COMMISSION MEETINGS AND SETTING PUBLIC City Council September 21, 2021 Meeting Agenda Page 8 of 9 HEARINGS REGARDING THE TRANSITION FROM AT-LARGE TO DISTRICT ELECTIONS Consider revising the schedule of the regular meetings of the Tustin City Council and Planning Commission and setting public hearings regarding the transition from at- large to district elections. Recommendation: That the City Council adopt Resolution Number 21-84 approving a modified schedule of regular meetings of the City Council and Planning Commission, setting public hearings regarding the transition from at-large to district elections and confirming one or more members of the City Council may participate in City Council meetings remotely if such participation is then in accordance with State law. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, October 5, 2021 for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. City Council September 21, 2021 Meeting Agenda Page 9 of 9