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Home My WebLink About02 CC MINUTES 11.10.22 AND 11.15.22DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C Agenda Item 2 Reviewed: os City Manager Finance Director N/A CITY OF TUSTIN SPECIAL NOVEMBER 10, 2022 MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY ' COUNCIL CHAMBER VIDEO CONFERENCE Barry W. Cooper, Mayor Pro Tem Letitia Clark, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager Ryan Gallagher, Council Member Erica N. Yasuda, City Clerk Rebecca Gomez, Council Member David E. Kendig, City Attorney MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 P.M. CALL TO ORDER at 5:01 p.m. ROLL CALL — City Clerk Present: Mayor Austin Lumbard and Council Members Ryan Gallagher and Rebecca Gomez Absent: Mayor Pro Tem Barry W. Cooper and Council Member 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 UPDATE — City Attorney David E. Kendig: The Council will convene to discuss Items 1-2 as they appear on the Closed Session Agenda, including conference with its labor negotiators David Kendig and Derick Yasuda. 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 anticipated litigation: 1. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] A. Title: City Manager City Council November 10, 2022 Special Meeting Minutes Page 1 of 2 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C 2. CONFERENCE WITH LABOR NEGOTIATOR — pursuant to Government Code § 54957.6: (1 case) A. Unrepresented Employee: City Manager, Matthew S. West Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources Recessed to Closed Session at 5:03 p.m. Council Member Clark arrived at 5:03 p.m. Mayor Pro Tem Cooper arrived at 5:03 p.m. Reconvened in Open Session at 5:48 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council began its performance review of the City Manager and concluded labor negotiations with the City Manager. Other than that, there was no reportable action. ADJOURNED at 5:49 p.m. City Council November 10, 2022 Special Meeting Minutes Page 2 of 2 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Barry W. Cooper, Mayor Pro Tem Letitia Clark, Council Member Austin Lumbard, Mayor Ryan Gallagher, Council Member Rebecca Gomez, Council Member Agenda Item 2 Reviewed. Ds City Manager�� Finance Director N/A NOVEMBER 15, 2022 300 CENTENNIAL WAY,TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Matthew S. West, City Manager Erica N. Yasuda, City Clerk David E. Kendig, City Attorney MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #3030 at 5:32 p.m. ROLL CALL — City Clerk Present: Mayor Austin Lumbard and Council Members Ryan Gallagher and Rebecca Gomez Absent: Mayor Pro Tem Barry W. Cooper and Council Member 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 UPDATE — City Attorney David E. Kendig: The Council will discuss Items 3A — 3G. 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): (1 case) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) 3. LIABILITY CLAIMS — [Government Code § 54956.95]: (7 cases) City Council November 15, 2022 Meeting Minutes Page 1 of 14 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C A. Claim of Veronica Gonzales, Claim Number 22-28 B. Claim of Catherine Leal, Claim Number 22-43 C. Claim of Luz Maia Rodriguez, Claim No. 22-37 D. Claim of Nelie Diaz Aquilina, Claim No. 22-39 E. Claim of Zaid Ahmed Khan, Claim No. 22-40 F. Claim of Ali Ashraf Elmashat, Claim No. 22-41 G. Claim of Belal Ashraf Ibrahim, Claim No. 22-42 4. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] A. Title: City Manager Recessed to Closed Session at 5:33 p.m. Council Member Clark arrived at 7:00 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — #3030 at 7:01 p.m. INVOCATION — Pastor Michael Truong, Mariners Church PLEDGE OF ALLEGIANCE — Mayor Lumbard CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council unanimously denied Claims 22-28, 22-43, 22-37, 22-39, 22-40, 22-41, and 22-42 as they appear on the agenda with Council Member Clark absent and Mayor Pro Tem Cooper absent. PUBLIC INPUT — 1. Kate Kersten and Kristin Simpkins 2. Robin Burton 3. Maggie Reitman CONSENT CALENDAR ITEMS 1-18 - City Council November 15, 2022 Meeting Minutes Page 2 of 14 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C Council Member Gallagher requested to pull Items 8 and 15. Council Member Clark requested to pull Item 18. Council Member Gomez requested to pull Item 2. Public Input — Mayor Lumbard noted for the record that Council received an eComment from John Garay regarding Item No. 9. It was moved by Council Member Gallagher and seconded by Council Member Gomez to pull Items 2, 8, 15, 18 and approve the balance as recommended by staff. Roll call vote — 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 NOVEMBER 1, 2022. Council Member Gomez requested a correction to her comments. It was moved by Council Member Gomez and seconded by Mayor Lumbard to approve the Action Minutes of the Regular Meeting of the City Council held on November 1, 2022 with the noted correction. Roll call vote — City Clerk Motion carried: 4-0 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 $1,003,196.76 and Demands in the amount of $3,222,120.50. 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. City Council November 15, 2022 Meeting Minutes Page 3 of 14 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C Motion: Made 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. Local health officials continue to recommend measures to promote social distancing. 5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1530 AMENDING CHAPTER 3 OF ARTICLE 4 OF THE TUSTIN CITY CODE PERTAINING TO MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS Adoption of Ordinance No. 1530 amends Chapter 3 of Article 4 of the Tustin City Code related to solid waste. Motion: The City Council had second reading by title only and adoption of Ordinance No. 1530. ORDINANCE NO. 1530 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING ARTICLE 4, CHAPTER 3 OF THE TUSTIN CITY CODE PERTAINING TO MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS 6. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING SEPTEMBER 30, 2022 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. Motion: Received and filed. 7. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer/traffic impact fees, and funds expended by the City, which satisfy the Maintenance of Effort (MOE). The Orange County Transportation Authority (OCTA) established the MOE benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds; the City's required MOE expenditure for Fiscal Year 2021-22 is $1,697,045. This figure will remain the same through Fiscal Year 2022-23. City Council November 15, 2022 Meeting Minutes Page 4 of 14 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C Motion: The City Council adopted Resolution No. 22-61, adopting the Measure M2 Expenditure Report for Fiscal Year 2021-2022 (attached), and directed staff to file the report with the Orange County Transportation Authority. RESOUTION NO. 22-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONCERNING THE MEASURE M2 (M2) EXPENDITURE REPORT FOR THE CITY OF TUSTIN, CALIFORNIA 8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ALLEY GROVE PROMENADE PROJECT, CIP 20084 Senior Analyst Minoo Ashabi provided a PowerPoint presentation. The plans and specifications for the Alley Grove Promenade, CIP No. 20084, have been substantially completed pending final approval by the City Engineer. It was moved by Council Member Gallagher and seconded by Council Member Clark to: 1. Appropriate $500,000 from Land Sale Proceeds Fund (Fund 189); 2. Adopt Resolution No. 22-56 approving the plans and specifications for the Alley Grove Promenade, CIP No. 20084; and 3. Authorize the City Clerk to advertise to receive bids, subject to the approval by the City Engineer. Roll call vote — City Clerk Motion carried: 4-0 IVX:to] 1111,111111Eel 010Eel W,�el A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL JOINT ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS/EIR), AS AMENDED BY SUPPLEMENT AND ADDENDUMS, IS ADEQUATE TO SERVE AS THE PROJECT ENVIRONMENTAL DOCUMENT FOR THE PROPOSED ALLEY GROVE PROMENADE PROJECT (CIP 20084), AN APPROXIMATELY 2.8 -ACRE ENHANCED WALKWAY PROMENADE LOCATED WITHIN PLANNNG AREAS 8, 13, AND 14 OF NEIGHBORHOOD D, TUSTIN LEGACY SPECIFIC PLAN AND APPROVING PLANS AND SPECIFICATIONS FOR THE ALLEY GROVE PROMENADE PROJECT, CIP NO. 20084, AND AUTHORIZING ADVERTISEMENT FOR BIDS 9. ADOPT RESOLUTION NO. 22-55 TO ACCEPT IMPROVEMENTS FOR THE FISCAL YEAR 2021-2022 ROADWAY REHABILITATION AND SIDEWALK City Council November 15, 2022 Meeting Minutes Page 5 of 14 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C REPAIR PROJECT, ZONE 3, CIP NO. 70021 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Fiscal Year 2021-2022 Roadway Rehabilitation and Sidewalk Repair Project, Zone 3 (CIP No. 70021), has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Motion: The City Council took the following actions: 1. Adopted Resolution No. 22-55 accepting the construction of the Fiscal Year 2021-2022 Roadway Rehabilitation and Sidewalk Repair Project, Zone 3 (CIP No. 70021); and 2. Authorized the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. 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 FOR THE FY 2021-22 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT, ZONE 3 (CIP NO. 70021) 10. HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) FOR THE PROPERTY AT 158 N B STREET The Mills Act is a State program that provides property tax relief to owners of qualified historic properties who agree to comply with preservation restrictions and maintain and preserve the property for a minimum of ten (10) years. The City Council adopted Resolution 97-50, authorizing the implementation of the Mills Act program and established a policy specifying which properties would be eligible for the program. While the Mills Act is a State program, property owners enter into a contract with the City to obtain the program's benefits. Attachment A contains the Historic Property Preservation Agreement for the subject property located at 158 N B Street. Motion: The City Council adopted Resolution No. 22-51 authorizing the execution of the Historic Property Preservation Agreement for the property owner at 158 N B Street in the State's Mills Act Program (Attachment A). RESOLUTION NO. 22-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,CA LIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 158 N B STREET, TUSTIN, CALIFORNIA. City Council November 15, 2022 Meeting Minutes Page 6 of 14 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C 11. HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) -FOR THE PROPERTY AT 510 W SECOND STREET The Mills Act is a State program that provides property tax relief to owners of qualified historic properties who agree to comply with preservation restrictions and maintain and preserve the property for a minimum of ten (10) years. The City Council adopted Resolution 97-50, authorizing the implementation of the Mills Act program and established a policy specifying which properties would be eligible for the program. While the Mills Act is a State program, property owners enter into a contract with the City to obtain the program's benefits. Attachment A contains the Historic Property Preservation Agreement for the subject property located at 510 W Second Street. Recommendation: That the City Council adopt Resolution No. 22-57 authorizing the execution of the Historic Property Preservation Agreement for the property owner at 510 W Second Street in the State 's Mills Act Program (Attachment A). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 510 W SECOND STREET, TUSTIN, CALIFORNIA. 12. HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) — FOR THE PROPERTY AT 530 W SECOND STREET The Mills Act is a State program that provides property tax relief to owners of qualified historic properties who agree to comply with preservation restrictions and maintain and preserve the property for a minimum of ten (10) years. The City Council adopted Resolution 97-50, authorizing the implementation of the Mills Act program and established a policyspe cifying which properties would be eligible for the program. While the Mills Act is a State program, property owners enter into a contract with the City to obtain the program's benefits. Attachment A contains the Historic Property Preservation Agreement for the subject property located at 530 W Second Street. Recommendation: That the City Council adopt Resolution No. 22-58 authorizing the execution of the Historic Property Preservation Agreement for the property owner at 530 W Second Street in the State's Mills Act Program (Attachment A). IV2we] I IIJIjI[Q01ilk low W:3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 530 W SECOND STREET, TUSTIN, CALIFORNIA. City Council November 15, 2022 Meeting Minutes Page 7 of 14 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C 13. HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) - 1082 WALNUT STREET The Mills Act is a State program that provides property tax relief to owners of qualified historic properties who agree to comply with preservation restrictions and maintain and preserve the property for a minimum of ten (10) years. The City Council adopted Resolution 97-50, authorizing the implementation of the Mills Act program and established a policy specifying which properties would be eligible for the program. While the Mills Act is a State program, property owners enter into a contract with the City to obtain the program's benefits. Attachment A contains the Historic Property Preservation Agreement for the subject property located at 1082 Walnut Street. Recommendation: That the City Council adopt Resolution No. 22-60 authorizing the execution of the Historic Property Preservation Agreement for the property owner at 1082 Walnut Street in the State's Mills Act Program (Attachment A). RESOLUTION NO. 22-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 1082 WALNUT STREET, TUSTIN, CALIFORNIA. 14. SURPLUS PROPERTY DECLARATION FOR ASSESSORS PARCEL NUMBER 430-361-11 Resolution 22-59 will declare APN 430-361-11 as surplus property pursuant to California Government Code Section 54221. Recommendation: It is recommended that the City Council take the following actions: 1. Adopt Resolution 22-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBER 430-361-11 AS SURPLUS PROPERTY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221. 2. Authorize the City Manager to direct staff to submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution. RESOLUTION NO. 22-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBER 430-361-11 AS SURPLUS PROPERTY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221. City Council November 15, 2022 Meeting Minutes Page 8 of 14 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C 15. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE SOUTH HANGAR RENOVATION, CIP 10076 Senior Management Anaylst Ken Piguee provided a PowerPoint presentation. The plans and specifications for the South Hangar Renovation, CIP No. 10076, have been substantially completed pending final approval by the City Engineer. It was moved by Mayor Lumbard and seconded by Council Member Clark that the City Council: 1. Appropriate $2,100,000 from Land Sale Proceeds Fund (Fund 189); 2. Adopt Resolution No. 22-62 approving the plans and specifications for the South Hangar Renovation, CIP No. 10076; and 3. Authorize the City Clerk to advertise to receive bids, subject to the approval by the City Engineer. Roll call vote — City Clerk Motion carried: 4-0 RESOLUTION NO. 22-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL JOINT ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS/EIR), AS AMENDED BY SUPPLEMENT AND ADDENDUMS, IS ADEQUATE TO SERVE AS THE PROJECT ENVIRONMENTAL DOCUMENT FOR THE PROPOSED CITY INITIATED VOLUNTARY MAINTENANCE AND REPAIRS OF THE EXISTING TUSTIN HANGAR #2 (ALSO KNOWN AS SOUTH HANGAR OR HANGAR 29), LIMITED TO STRUCTURAL STABILIZATION AND ELECTRICAL INFRSTRUCTURE UPGRADES, LOCATED IN THE TUSTIN LEGACY SPECIFIC PLAN 16. POLICY REGARDING THE REPORTING OF SUSPECTED FRAUD The Government Finance Officers Association (GFOA) recommends that every government establish policies and procedures to encourage and facilitate the reporting of suspected fraud, waste or abuse. In order to demonstrate the City's commitment to fiscal stewardship and accountability, a policy has been prepared for City Council consideration, which memorializes informal procedures currently in place governing the reporting of suspected fraud, waste or abuse. Motion: The City Council approved the Policy Regarding the Reporting of Suspected Fraud (the "Policy"), and authorized the City Attorney to make any necessary changes to the policy in order to implement and maintain the policy. City Council November 15, 2022 Meeting Minutes Page 9 of 14 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C 17. LEASE AGREEMENT BETWEEN THE CITY OF TUSTIN AND OUTFRONT MEDIA, LLC Lease Agreement (Agreement) between the City of Tustin and Outfront Media, LLC (Outfront) for a digital display billboard on City owned property located at the SR -55 Freeway and Edinger Avenue. Motion: The City Council: 1. Approved the Agreement with Outfront Media, LLC "as to form", subject to any non -substantive modifications as may be deemed necessary and/or recommended by the City Attorney; and 2. Authorized the City Manager to execute the Agreement upon Outfront obtaining all entitlements. i941T,1191:7_1X9016107i11 ITAIJkilkWKey_ I01=1ZFTA&,KIl=1Wd_1►TiIli[610HT1I Consideration of a request from One Seed to operate a temporary community garden on City property located at 450 EI Camino Real. One Seed is proposing to temporarily use the empty lot on the west side of the existing wooden fence of the EI Camino Real Respite Parkette into a community garden that would grow fruits and vegetables. Their objective is to create a space that would serve as an outdoor classroom, providing community members with a variety of adult and youth educational workshops and gardening programs. All designed with the intent and ability to be relocated to a permanent location in the future. It was moved by Council Member Clark and seconded by Mayor Lumbard to authorize the City Manager or his designee to finalize and execute a short-term revocable license agreement in a form approved by the City Attorney. Roll call vote — City Clerk Motion carried: 4-0 REGULAR BUSINESS ITEMS 19-20 19. AMENDMENT NO. 2 TO CITY MANAGER EMPLOYMENT AGREEMENT, AND APPOINTMENT OF THE CITY MANAGER TO SERVE AS ACTING CITY TREASURER AT ANY TIME WHEN THE DIRECTOR OF FINANCE POSITION IS VACANT City Attorney David E. Kendig provided the following report: Calfornia's Brown Act requires that prior to taking final action on salary or compensation paid in the form of fringe benfits to a city executive, a verbal summary of the recommended action must be presented in open session. Presented for your consideration is Amendment No. 2 to the City Manager's Employment Agreement. Amendment No. 2 would include three revisions. First, it would provide that the City Manager will serve as the Acting City Council November 15, 2022 Meeting Minutes Page 10 of 14 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C Treasurer whenever the office of Treasurer is vacant. Second, it would increase the City Manager's annual salary from $269,256 to $275,995.20. Finally, it would revise the amount the City pays the City Manager's deferred compensation account annually from a fixed amount of $9,500 per year to 50% of the applicable annual limit for contributions to a 457b plan. Those are the key provisions in the amendment. The recommended acion is to both approve Amendment No. 2 to the Employment Agreement in the form that's attached as Exhibit 3 to your staff report and to appoint the City Manager to serve as Acting City Treasuer at any time when the Director of Finance position is vacant. Public Input — None It was moved by Council Member Gallagher and seconded by Council Member Clark to: Approve Amendment No. 2 to the Employment Agreement with City Manager Matthew S. West in the form attached as Exhibit 3; and 2. Appoint the City Manager to serve as Acting City Treasurer at any time when the Director of Finance position is vacant. Roll call vote — City Clerk Motion carried: 4-0 20. ADOPT THE RESIDENTIAL PARKING ACTION PLAN Julie Dixon, Dixon Unlimited Resources, provided a PowerPoint presentation. Dixon Resources Unlimited (DIXON) has prepared the Tustin Residential Parking Action Plan (PAP) on behalf of the City of Tustin (City) to outline the recommended implementation steps and strategies to optimize the preferential permit parking program and parking management within Tustin's residential neighborhoods. This PAP identifies policies, procedures, and management strategies necessary to address the City's current and future parking needs. The PAP highlights important considerations, measures, and best practices to optimize operations. Public Input — 1. John Garay 2. Wilfredo Garcia 3. Irene Bahena 4. Edmundo Felipe 5. Neil Sherman It was moved by Council Member Gomez and seconded by Mayor Lumbard to adopt the Tustin Residential Parking Action Plan and authorize staff to implement. City Council November 15, 2022 Meeting Minutes Page 11 of 14 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C Roll call vote — City Clerk Motion carried: 4-0 COUNCILMEMBER COMMENTS AND REPORTS City Manager, Matthew S. West Thanked Julie Dixon of Dixon Unlimited Resources, Director of Public Works/City Engineer, Douglas S. Stack; Public Works Manager, Krys Saldivar; Deputy Director of Public Works, Ken Nishikawa; Ad Hoc Committee Members, Council Member Gomez and Mayor Pro Tem Cooper, for their work on the permit parking project; reported this is a positive outcome for a difficult topic; thanked everyone for all their hard work to get to this point. Wished everyone a Happy Thanksgiving. Council Member Gallagher Over the past two weeks attended three different Orange County Sanitation District (OCSD) Committee meetings including: the Operations Committee, Administrative Committee and the Legislative and Public Affairs Committee; reported during the Legislative and Public Affairs Committee meeting, the consultants highlighted opportunities for cash subsidies related to energy projects under the Inflation Reduction Act. November 15 Chaired the Orange County Sanitation District's (OCSD) State of the District event; had the opportunity to Chair as the current Chair was absent; thanked Congresswoman Young Kim for attending and speaking at the event. Council Member Gomez November 2 Attended the Tustin Police Department's Promotion Ceremony; welcomed the newly hired additions to Tustin and the Tustin Police Department. November 3 Attended the Senior Advisory Board meeting; reported the following: • The Board will honor their volunteers at a holiday brunch in late November; • The Senior Center will be closed between December 23, 2022 to January 2, 2023; no programming will happen during this time; • 740 congregate meals were served in September and 875 were served in October; • The Board continued the discussion on the Mission and Values for the Senior Center; • The Board received a grant from Tustin Community Foundation to go toward congregate meals and transportation; • The Tustin Family and Youth Center also received a grant toward additional Saturday programming and cleanup projects. City Council November 15, 2022 Meeting Minutes Page 12 of 14 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C November 10 Attended Southern California Edison's Women's Leadership luncheon for elected and business women leaders in Orange County; was well -attended; reported the keynote speaker was President and CEO, Susan Parks of Orange County United Way; thanked Council Member Clark for her thoughtful comments about mentorship. November 15 Attended the Orange County Sanitation District (OCSD) State of the District event; received a brief virtual tour of the District. Thanked Director of Finance, Jason AI-Iman for his service to Tustin; reported he will be leaving Tustin, but thanked him for his innovation on the finance policies and developing several reports that make it easier for the City Council and the public to understand Tustin's finances. Wished everyone a Happy Thanksgiving. Council Member Clark November 8 Attended the Orange County Public Affairs Associated Election Day Luncheon; was a guest of the Southern California Association of Governments (SCAG). November 10 Attended Southern California Edison's Women's Leadership Luncheon; expressed accolades to Council Member Gomez for being her mentor; stated Council Member Gomez is an amazing colleague that has led with integrity and grace among other elected leaders or business leaders. November 11 Attended the Tustin Parks and Recreation Veterans Day Celebration event; thanked the Director of Parks and Recreation Services, Chad Clanton and his staff for a great event; was a well -attended event; enjoyed the program; was nice to feature Tustin's beautiful Veterans Sports Park. November 13 Attended Aldersgate United Methodist Church as a guest for the "I Love Tustin" sermon and program to highlight community leaders in Tustin which included: Tustin Community Foundation's Executive Director, Erin Nielsen; Operation Warm Wishes President, TyRon Jackson; and Family Promise of Orange County's Executive Director, Cyndee Albertson. Thanked Julie Dixon of Dixon Unlimited Resources for her presentation on permit parking; thanked the permit parking team: City Manager, Matthew S. West; Director of Public Works/ City Engineer, Douglas S. Stack and his staff for getting the new permit parking policy to this point; wished to hear from the community once the policy is implemented. Thanked everyone for the opportunity to serve the Tustin community as a City Council Member. City Council November 15, 2022 Meeting Minutes Page 13 of 14 DocuSign Envelope ID: B106E509-9343-4E5A-A150-F8B52233E41C Mayor Lumbard Thanked the Marconi Auto Museum for putting on their Toy Drive event on November 5, 2022; thanked the Tustin Police Department and the Orange County Fire Authority staff for being present at the event; congratulated John Marconi and his staff for a fantastic event. Nn\/PmhPr A Attended the Orange County Fire Authority (OCFA) Budget and Finance Committee meeting. November 10 Attended the Transportation Corridor Agencies (TCA) Special Board meeting. Thanked Director of Finance, Jason AI -Imam for his service to the City of Tustin and wished him good luck on his next venture. Announced the following upcoming events: November 17th Mayor's Thanksgiving Breakfast 7:00 A.M. — 9:00 A.M. Location: Salvation Army Tustin Ranch Church December 3rd Breakfast with Santa 9:00 A.M. Location: Tustin Community Center at the Market Place Space is limited, please call 714-573-3326 for more information ADJOURNED at 8:49 p.m. The next meeting is scheduled on Tuesday, December 6, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. City Council November 15, 2022 Meeting Minutes Page 14 of 14