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Home My WebLink About02 CC MINUTES 9.17.21 AND 9.21.21 DocuSign Envelope ID: E78FEBA2-FO26-47BA-AEOC-775EC6A6157B Agenda Item 2 Reviewed: °S City Manager Finance Director N/A CITY OF TUSTIN SPECIAL SEPTEMBER 17, 2021 MEETING OF THE CITY COUNCIL 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 MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL/ PUBLIC HEARING #2 REGARDING PROPOSED TRANSITION TO DISTRICT ELECTIONS 1:30 P.M. CALL TO ORDER at 1:32 p.m. ATTENDANCE Present: Mayor Pro Tem Austin Lumbard and Council Members Ryan Gallagher and Rebecca Gomez Absent: Mayor Letitia Clark and Council Member Barry W. Cooper City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager PUBLIC INPUT— None CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to discuss Item 1A 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 (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 City Council September 17, 2021 Meeting Minutes Page 1 of 3 DocuSign Envelope ID: E78FEBA2-FO26-47BA-AEOC-775EC6A6157B alleged violation of the California Voting Rights Act. Recessed to Closed Session at 1:33 p.m. Council Member Barry W. Cooper arrived at 1 :35 p.m. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL/ PUBLIC HEARING #2 REGARDING PROPOSED TRANSITION TO DISTRICT ELECTIONS 2:00 P.M. CALL TO ORDER at 2:02 p.m. PUBLIC INPUT— None PUBLIC HEARING 1. SECOND PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE TRANSITION FROM AT-LARGE TO DISTRICT ELECTIONS Public Hearing opened at 2:03 p.m. Jen Nentwig, Tripepi Smith and Dr. Justin Levitt, National Demographics Corporation provided a PowerPoint presentation. The City received a letter from the Mexican American Legal Defense and Education Fund (MALDEF) 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 districtbased 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 that maximizes community control and self-determination over the process of establishing districts and district boundaries. 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. The first public hearing occurred on August 31st, and this item will involve the second such public hearing. Next, one or more draft maps of proposed district boundaries will be prepared and made available to the public and the Council must hold at least two additional public hearings on the draft map(s) of the districts themselves. City Council September 17, 2021 Meeting Minutes Page 2 of 3 DocuSign Envelope ID: E78FEBA2-FO26-47BA-AEOC-775EC6A6157B Public Input: 1 . AJ Coco 2. Wisam Altowaiji (audio was unclear) 3. Peter Brakke (volunteered to test audio) Public Hearing closed at 2:49 p.m. The City Council unanimously: 1 . Received a report on the districting process and permissible criteria to be considered to create district boundaries; and 2. Conducted a public hearing to receive public input regarding "communities of interest" and considerations for establishing district boundaries; and 3. Following input received during the public hearing, provided direction to the demographer regarding potential draft maps to be considered at the third public hearing scheduled for Saturday October 9, 2021 at 10:00 a.m. ADJOURNED at 3:06 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 17, 2021 Meeting Minutes Page 3 of 3 DocuSign Envelope ID: E78FEBA2-FO26-47BA-AEOC-775EC6A6157B Agenda Item 2 Reviewed: DS City Manager Finance Director N/A CITY OF TUSTIN REGULAR SEPTEMBER 21, 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 — #3005 at 4:31 p.m. ATTENDANCE — Present: Mayor Pro Tem Austin Lumbard and Council Members Barry W. Cooper and Ryan Gallagher Absent: Mayor Letitia Clark and Council Member Rebecca Gomez City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager PUBLIC INPUT— None CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to discuss Items 1-5 as the appear 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) City Council September 21, 2021 Meeting Minutes Page 1 of 9 DocuSign Envelope ID: E78FEBA2-FO26-47BA-AEOC-775EC6A6157B 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) 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 Recessed to Closed Session at 4:32 p.m. Council Member Gomez arrived at 4:33 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 6:00 P.M. CALL TO ORDER — #3005 at 6:02 P.M. INVOCATION - Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE — Council Member Cooper PUBLIC INPUT— 1 . Sergeant Nelson, Tustin Police Officers Association President CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council discussed Items 4A and 5A on the Closed Session agenda. Other than that, there was no reportable City Council September 21, 2021 Meeting Minutes Page 2 of 9 DocuSign Envelope ID: E78FEBA2-FO26-47BA-AEOC-775EC6A6157B action. CONSENT CALENDAR ITEMS 1-11 Public Input— None It was moved by Council Member Gomez and seconded by Council Member Gallagher to approve the Consent Calendar 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 SEPTEMBER 7, 2021. Motion: The City Council approved 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. Motion: The City Council approved 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. Motion: The Tustin Housing Authority Commissioners took the following actions: City Council September 21, 2021 Meeting Minutes Page 3 of 9 DocuSign Envelope ID: E78FEBA2-FO26-47BA-AEOC-775EC6A6157B o Received and filed 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 Received and filed the Housing Authority's Annual Report for FY 2020-2021 . o Directed 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 . Motion: The City Council took the following actions: 1 . Adopted 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 SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221 . 2. Directed 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 . Motion: The City Council took the following actions: 1 . Adopted 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. Directed staff to submit the appropriate documentation to the California Department of Housing and Community Development. City Council September 21, 2021 Meeting Minutes Page 4 of 9 DocuSign Envelope ID: E78FEBA2-FO26-47BA-AEOC-775EC6A6157B 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. Motion: The City Council: 1 . Adopted Resolution No. 21-79 approving the plans and specifications for the Beneta Well No. 2 — Phase I Drilling Project, CIP No. 60151 ; and 2. Authorized 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) 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. Motion: The City Council approved 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. City Council September 21, 2021 Meeting Minutes Page 5 of 9 DocuSign Envelope ID: E78FEBA2-FO26-47BA-AEOC-775EC6A6157B Motion: The City Council: 1 . Approved the amended workplan and budget adjustment outlined in this report; and 2. Authorized 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. Motion: The City Council adopted 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 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. Motion: Received and filed. REGULAR BUSINESS ITEMS 12 -13 12. SALARY RESOLUTIONS FOR UNREPRESENTED EXECUTIVE MANAGEMENT, MANAGEMENT, SUPERVISORY, CONFIDENTIAL, AND PART-TIME NON- BENEFITTED EMPLOYEES City Attorney David E. Kendig: The California Government Code requires a verbal summary of a recommendation for final action for salaries and compensation paid to local agencies executives be provided before the Council takes action. The Resolution will amend the City's classification and compensation plans for Executive Management as follows: City Council September 21, 2021 Meeting Minutes Page 6 of 9 DocuSign Envelope ID: E78FEBA2-FO26-47BA-AEOC-775EC6A6157B 1 . Salary increases of 2.5% in Year 1 (October 1), 2.5% in Year 2 (July 1), 2.25% in Year 3 (July 1), and 1 .25% in Year 4 (July 1) 2. Increases in Flexible Benefits Contributions (for medical, dental, and other insurance) of $25 - $100 per month each year (amount varies based on medical enrollment tier— employee only, employee +1 , or employee +2) 3. Vehicle allowance increased to $600 per month 4. In Year 4, a matching City contribution of up to 2% of salary for employees who choose to participate in the City's deferred compensation plan (dollar-for- dollar matching, up to a maximum of 2% of salary) 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. Public Input— None It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gomez to 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. Roll Call — City Clerk Motion carried: 4-0 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 HEARINGS REGARDING THE TRANSITION FROM AT-LARGE TO DISTRICT ELECTIONS City Council September 21, 2021 Meeting Minutes Page 7 of 9 DocuSign Envelope ID: E78FEBA2-FO26-47BA-AEOC-775EC6A6157B City Attorney David E. Kendig provided a presentation. 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. It was moved by Council Member Gomez and seconded by Council Member Cooper to 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 allowing in-person participation in City Council, Planning Commission and other City legislative body meetings. Public Input— None Roll Call — City Clerk Motion carried: 4-0 RESOLUTION NO. 21-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN MODIFYING THE SCHEDULE OF THE REGULAR CITY COUNCIL MEETINGS AND PLANNING COMMISSION MEETINGS AND SETTING PUBLIC HEARINGS REGARDING THE TRANSITION FROM AT-LARGE TO DISTRICT ELECTIONS OTHER BUSINESS/CITY MANAGER REPORT City Manager Matthew S. West Announced regarding Regular Business item #13, there is an additional Public Workshop regarding the transition from at-large to district elections on Wednesday, September 22, 2021 at 7:00 P.M; encouraged the Tustin community to participate in the workshop; for more information, please visit https://drawtustin.org. COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper Thanked the Tustin American Legion Post 227, Tustin Area Historical Society along with Angie Kardashian for hosting the 9/11 event at the Tustin Area Senior Center; was a great event which was well attended. Council Member Gallagher September 14 Attended the Tustin Dollars for Scholars event; great to hear and see the scholarships which were given out; great organization. City Council September 21, 2021 Meeting Minutes Page 8 of 9 DocuSign Envelope ID: E78FEBA2-FO26-47BA-AEOC-775EC6A6157B September 9 Attended a tour of the Orange County Water District Groundwater Replenishment System Expansion Project; very large CIP project which helps ensure viable water in Orange County; commented there's an existing program a couple cities have taken advantage of where Orange County Sanitation District is allowing a diversion of storm water into their sewer system, program could be a benefit in areas of Tustin where storm water is an issue; has a larger benefit for the Tustin Legacy because that water is used to replenish the groundwater; the program is going to continue to be expanded. Council Member Gomez September 16 Attended the Orange County Mosquito and Vector Control District meeting, presentations were given on increasing transparency with Special Districts; updates were provided on vector activity and outreach activities; very short meeting. Mayor Pro Tem Lumbard September 14 Attended the Tustin Dollars for Scholars event; was a very successful event, the program has raised a lot of funds; is a fantastic program. September 9 Attended the Joint Transportation Corridor Agencies Board meeting. September 15 Attended the Newport Bay Watershed Executive Committee meeting; discussed invasive algae control efforts in Newport Bay; discussed possible causes of the invasive algae coming from at home aquariums; algae bought at pet stores are not native and can become invasive; please do not dump aquariums into the ocean. ADJOURNED IN MEMORY OF RETIRED CHIEF CHARLES THAYER ADJOURNED at 6:24 p.m. The next meeting is scheduled on Tuesday, October 5, 2021 for the Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m. City Council September 21, 2021 Meeting Minutes Page 9 of 9