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Home My WebLink About02 CC MINUTES 9.7.21 DocuSign Envelope ID: D7F3131 B8-F671-4BAF-B089-C5AD160135C913 Agenda Item 2 Reviewed: DS City Manager Finance Director N/A CITY OF TUSTIN REGULAR SEPTEMBER 7, 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 MINUTES OF THE 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 — #3004 at 4:30 p.m. ATTENDANCE — Present: Mayor Pro Tem Austin Lumbard and Council Members Barry W. Cooper, Ryan Gallagher and Rebecca Gomez Absent: Mayor Letitia Clark City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager PUBLIC INPUT— None 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 - 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 City Council September 7, 2021 Meeting Minutes Page 1 of 9 DocuSign Envelope ID: D7F3131 B8-F671-4BAF-B089-C5AD160135C913 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) 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. LABOR NEGOTIATIONS — [Government Code § 54957.6] Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization- Tustin Police Officers Association—Management Unit TPMA Employee Organization- Tustin Police Officers Association—Officer Unit TPOA Employee Organization: Unre resented Confidential Employees Employee Organization: Unrepresented Supervisory Employees Employee Organization: Unrepresented Executive Management and Management Employees Employee Organization- Unrepresented Part-Time Employees 6. LIABILITY CLAIMS — [Government Code § 54956.95]: (5 cases) A. Claim of Helen Dinh; Claim No. 21-25 B. Claim of Carl Moler; Claim No. 21-20 C. Claim of Laura Elisa De La Paz; Claim No. 21-17 D. Claim of Fiorela Lopez; Claim No. 21-16 E. Claim of Maria Ortiz; Claim No. 21-15 7. 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 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY 6:00 P.M. CALL TO ORDER — #3004 at 6:22 p.m. INVOCATION - Pastor Fred Snider - Grace Harbor Church City Council September 7, 2021 Meeting Minutes Page 2 of 9 DocuSign Envelope ID: D7F3131 B8-F671-4BAF-B089-C5AD160135C913 PLEDGE OF ALLEGIANCE — Mayor Pro Tem Lumbard PUBLIC INPUT— None CLOSED SESSION REPORT — City Attorney David E. Kendig: Mayor Clark was absent for Closed Session, however the other members were present. The Council by a vote of 4- 0 denied the following claims: Claim of Helen Dinh, Claim No. 21-25; Claim of Carl Moler, Claim No. 21-20; Claim of Laura Elisa De La Paz, Claim No. 21-17; Claim of Fiorela Lopez, Claim No. 21-16; and Claim of Maria Ortiz, Claim No. 21-15. Other than that, there was no reportable action. CONSENT CALENDAR ITEMS 1-6 — Public Input for Consent Calendar Items: 1 . Sheena Innocente (e-comments distributed to the Council) 2. Neil Sherman (e-mail distributed to the Council) 3. Julia Arazia (e-mail distributed to the Council) 4. Francis Chu (e-comments distributed to the Council) 5. John Jay (e-comments distributed to the Council) 6. Roger Minkle (e-comments distributed to the Council) 7. Anonymous (e-comments distributed to the Council) It was moved by Council Member Gallagher and Council Member Gomez to pull Item No. 4 and approve the balance as recommended by staff. Roll Call — City Clerk 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 REGULAR MEETING OF THE CITY COUNCIL HELD ON AUGUST 17, 2021. Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on August 17, 2021 . 3. RATIFICATION OF PAYROLL AND DEMANDS City Council September 7, 2021 Meeting Minutes Page 3 of 9 DocuSign Envelope ID: D7F3131 B8-F671-4BAF-B089-C5AD160135C913 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 $933,483.88; and Demands in the amount of $5,584,814.60. 4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1515 AND ADOPTION OF RESOLUTION NO. 21-68 Adoption of Ordinance No. 1515 approves Development Agreement (DA) 2021-0001 between the City of Tustin and Irvine Asset Group LLC. Adoption of Resolution No. 21-68 approves an Infrastructure Construction and Reimbursement Agreement between the City of Tustin and Irvine Asset Group LLC. Public Input— 1 . John Garay 2. Julia Arazia 3. Neil Sherman It was moved by Council Member Gallagher and seconded by Mayor Pro Tem Lumbard to 1 . Have second reading by title only and adoption of Ordinance No. 1515; and 2. Adopt Resolution No. 21-68, approving an Infrastructure Construction and Reimbursement Agreement between the City of Tustin and Irvine Asset Group LLC and authorizing the City Manager to execute the agreement subject to any non-substantive modifications as may be deemed necessary and/or recommended by the City Attorney. Roll Call — City Clerk Motion carried: 4-0 ORDINANCE NO. 1515 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2021-0001 BETWEEN THE CITY OF TUSTIN AND IRVINE ASSET GROUP, LLC TO FACILITATE THE DEVELOPMENT OF A MIXED-USE DEVELOPMENT CONSISTING OF 137 RESIDENTIAL APARTMENT UNITS AND 7,000 SQUARE FEET OF COMMERCIAL SPACE ON AN APPROXIMATE 3.38 ACRE SITE LOCATED WITHIN THE RED HILL AVENUE SPECIFIC PLAN (RHASP) AT 13751 AND 13841 RED HILL AVENUE (APN 500- 141-09 and 500-141-10) RESOLUTION NO. 21-68 City Council September 7, 2021 Meeting Minutes Page 4 of 9 DocuSign Envelope ID: D7F3131 B8-F671-4BAF-B089-C5AD160135C913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING AN INFRASTRUCTURE CONSTRUCTION AND REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF TUSTIN AND IRVINE ASSET GROUP, LLC. FOR PUBLIC INFRASTRUCTURE IMPROVEMENTS ASSOCIATED WITH A MIXED-USE DEVELOPMENT CONSISTING OF 137 RESIDENTIAL APARTMENT UNITS AND 7,000 SQUARE FEET OF COMMERCIAL SPACE ON AN APPROXIMATE 3.38 ACRE SITE LOCATED WITHIN THE RED HILL AVENUE SPECIFIC PLAN (RHASP) AT 13751 AND 13841 RED HILL AVENUE (APN 500-141-09 and 500-141-10) 5. REVISION TO THE DRAFT HOUSING ELEMENT The proposed draft has been amended based upon the Department of Housing and Community Development (HCD) review of the Draft Housing Element related to preservation of at-risk units and accessory dwelling units (ADUs). The proposed revision further facilitates the equitable dispersion of housing units of various income levels throughout the City. Specifically, the revision redistributes 582 units (517 Preservation of At-risk units and 65 ADUs) to the Tustin Market Place and the Enderle Center. No increase in the number of units at Tustin Legacy is proposed. The revision also includes adjustments to the distribution of units at various income levels (based on RHNA percentages) evenly and proportionately throughout the sites. Motion: The City Council received and filed this report. 6. MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT AND THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT 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 Officers Association — Police Officer Representation Unit (TPOA) and the Tustin Police Officers Association — Police Management Representation Unit (TPOA) in accordance with City Council direction. Motion: The City Council adopted Resolution No. 21-75 and Resolution No. 21-76 amending the City's Classification and Compensation Plans, approving a Memorandum of Understanding with TPOA for the period of July 1, 2021 through June 30, 2025, and approving a Memorandum of Understanding with TPMA for the period of July 1 , 2021 through June 30, 2025. RESOLUTION NO. 21-75 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 OFFICERS City Council September 7, 2021 Meeting Minutes Page 5 of 9 DocuSign Envelope ID: D7F3131 B8-F671-4BAF-B089-C5AD160135C913 ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 21-76 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 OFFICERS ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT REGULAR BUSINESS ITEM 7 7. RESOLUTION 21-78 CONFIRMING THE CITY COUNCIL'S INTENTION TO TRANSITION FROM AT-LARGE TO DISTRICT ELECTIONS AND REJECTING MALDEF'S CONDITIONS FOR EXTENDING THE PUBLIC OUTREACH PERIOD On August 3, 2021, the City Council adopted Resolution No. 21-64 declaring its intention to transition from at-large to district elections within a 90-day Safe Harbor period pursuant to the Elections Code and authorized the City Manager to approve and execute an agreement with Mexican American Legal Defense and Education Fund (MALDEF) to extend by an additional 90 days the deadline to adopt an ordinance establishing districtbased elections to provide additional time to conduct public outreach, encourage public participation, and receive public input. Unexpectedly, on August 16, 2021 , MALDEF conditioned agreeing to the extension upon terms that raise significant issues of compliance with State and Federal law. Despite having had numerous conversations with MALDEF over the past several months regarding the City's utilization of an extension agreement, including the attached email dated July 29, 2021 , MALDEF previously made no mention of the extension being subject to additional material demands (see attached email). Public Input— 1 . Neil Sherman 2. Anonymous (e-comments distributed to the City Council) It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gallagher to approve the following: 1 . Adopt Resolution 21-78, "A RESOLUTION OF CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING ITS INTENTION TO TRANSITION FROM AT-LARGE TO DISTRICT-BASED ELECTIONS PURSUANT TO CALIFORNIA ELECTIONS CODE 10010(e)(3)(A) AND REJECTING MALDEF'S CONDITIONS FOR EXTENDING THE PUBLIC OUTREACH PERIOD." City Council September 7, 2021 Meeting Minutes Page 6 of 9 DocuSign Envelope ID: D7F3131 B8-F671-4BAF-B089-C5AD160135C913 Roll Call — City Clerk Motion carried: 4-0 Recessed at 6:53 p.m. Reconvened at 7:02 p.m. PUBLIC HEARING ITEM 8 — 7:00 P.M. 8. PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE TRANSITION FROM AT-LARGE TO DISTRICT ELECTIONS Jennifer Nentwig, Tripepi Smith and Justin Levitt, National Demographic Centers provided a PowerPoint presentation. 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 (CVRA) and threatens litigation if the City declines to voluntarily convert to district-based elections. On August 3, 2021 the City Council adopted Resolution 21-64 declaring its intention to transition from at-large to district- based elections, and to complete the transition in time for the 2022 General Municipal Election. By voluntarily proceeding to transition to district-based elections, the City benefits from a "safe harbor" provision in the CVRA and retains its own ability to determine and adopt an appropriate district map instead of having the risk of a court doing so. The first steps in the transition process include holding at least two public hearings to invite public input regarding the composition of the City's voting districts before any draft maps are drawn. Next, the Council must hold at least two additional public hearings on the map(s) of the districts themselves. The maps must be publicly available for at least seven days before the public hearing, and if a change is made to the map after the first public hearing, the revised map must be available at least seven days before the districts are adopted by ordinance. Public hearing opened at 7:36 p.m. Public Input— 1 . Lee Fink (e-mail distributed to the Council) 2. Desmond Silveria 3. Tiffany Kuykend 4. Simon R 5. John Garay 6. Desmond Silveria Public hearing closed at 7:47 p.m. City Council September 7, 2021 Meeting Minutes Page 7 of 9 DocuSign Envelope ID: D7F3131 B8-F671-4BAF-B089-C5AD160135C913 It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gallagher to approve four council districts and an at-large Mayor. Roll Call — City Clerk Motion carried: 3-1 (Council Member Gomez dissented) OTHER BUSINESS/CITY MANAGER REPORT City Manager Matthew S. West Announced regarding Public Hearing item #8, the transition process from an at-large election to district-based elections has a very aggressive schedule; staff is working very hard to stay within the safe harbor time frame; thanked Tripepi Smith, National Demographics Corporation, and city staff for their hard work; announced regular City Council meetings are held on the first and third Tuesday evenings of the month, during this process the meeting schedule is going to look a little different but city staff will do their best to be accessible to the public. COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper Announced 9/11 events hosted by Angie Kardashian will be held in Fullerton, Anaheim, and Tustin. Announced the Tustin Area Historical Society along with Angie Kardashian will be hosting a 9/11 event at the Tustin Area Senior Center at 3:00 p.m.; invited everyone to attend. Council Member Gallagher August 25 Attended the Orange County Sanitation District Board of Directors meeting. September 1 Attended the Orange County Sanitation District Operations Committee meeting. Council Member Gomez Announced since deferring comments at last City Council meeting, wanted to mention attending the Tustin Street Fair and Chili Cook-Off event on Sunday, August 15, 2021 ; the event was very well organized; crowd size was smaller due to safety concerns which were addressed. Attended the Senior Advisory Board meeting last week; the Tustin Area Senior Center activities are beginning to take place, in a safe environment; look for activities taking place City Council September 7, 2021 Meeting Minutes Page 8 of 9 DocuSign Envelope ID: D7F3131 B8-F671-4BAF-B089-C5AD160135C913 at the Senior Center; announced will be able to share more once the activities begin to take place. Mayor Pro Tem Lumbard August 26 Attended the Orange County Council of Governments (OCCOG) meeting. Congratulated Mayor Clark on her new baby boy. September 7 Was a guest speaker for the 3rd grade classes at Heritage Elementary School; presented on local government; students were very engaged; appreciated the invitation to be a presenter once again. Announced upcoming events: September 9 Residential Parking Community Meeting Time: 6:00 p.m. Virtual Meeting Any questions, please call 714-573-3172 September 11 Remembrance Ceremony Time: 8:30 a.m. Location: OCFA Headquarters September 11 Tustin Area Historical Society along with Angie Kardashian is hosting a 9/11 Remembrance event. Time: 3:00 p.m. Location: Tustin Area Senior Center ADJOURNED at 8:21 p.m. The next meeting is scheduled on Tuesday, September 21 , 2021 for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. City Council September 7, 2021 Meeting Minutes Page 9 of 9