CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Councilmember
Ryan Gallagher, Councilmember
Rebecca Gomez, Councilmember
Austin Lumbard, Mayor
FEBRUARY 1, 2022
VIDEO CONFERENCE
Matthew S. West, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PRESENTATION - MAYOR’S GOALS
PRESENTATION - ITEM 15
PRESENTATION - ITEM 17
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:00 p.m.
CALL TO ORDER – #3014
ATTENDANCE - City Clerk
PUBLIC INPUT - Members of the public may offer comments in writing or in real time via Zoom to address the City Council on items on the Closed Session Agenda.
CLOSED SESSION UPDATE - City Attorney David E. Kendig
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 - Initiation of litigation pursuant to Government Code ? 54956.9(d)(4): (1 case)
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A.
Property Address/Description: Lots 11, 12 and 13 of Tract 18197 Agency: City of Tustin
City Negotiators: Matthew S. West, City Manager & Christopher Koster, Director of Economic Development Negotiating Parties: Mark Janda, Senior Vice President - Development, AvalonBay Communities Inc. and Robin Hughes, President and Chief Executive Officer, Abode Communities Under Negotiation: Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL
- 6:30 P.M.
CALL TO ORDER – #3014
INVOCATION - Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE - Mayor Pro Tem Cooper
PRESENTATION – 2022 Goals
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 ITEM - 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 - 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 DECEMBER 21, 2021 AND JANUARY 18, 2022.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on December 21, 2021 and January 18, 2022.
AGENDA REPORT
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 $886,118.54, $961,444.40 and $1,517,102.48; and Demands in the amount of $2,102,943.94 and $2,177,806.25.
AGENDA REPORT
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.
Recommendation:
Make 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. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.
AGENDA REPORT
5. CONSIDERATION OF ADOPTION OF RESOLUTION NO. 22-02 AUTHORIZING THE ACCEPTANCE OF ELECTRONICALLY FILED GOVERNMENT CLAIMS AGAINST THE CITY OF TUSTIN Authorize the acceptance of electronically filed claims against the City as authorized by Government Code Section 915.
Recommendation:
Staff recommends that the City Council adopt Resolution No. 22-02 authorizing the acceptance of electronically filed government claims against the City of Tustin. RESOLUTION NO. 22-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING ELECTRONIC SUBMITTAL OF CLAIMS FOR MONEY OR DAMAGES
AGENDA REPORT
6. AWARD OF BID FOR THE TUSTIN FAMILY AND YOUTH CENTER COURTYARD IMPROVEMENTS (CIP NO. 10085) The bid opening for the Tustin Family and Youth Center Courtyard Improvements (CIP No. 10085) was held on December 16, 2021, with A2Z Construct Inc. as the lowest responsive/responsible bidder.
Recommendation:
1. Award a construction contract to A2Z Construct Inc. in the amount of $83,980 subject to the approval of contract requirements by the City Attorney and final execution of the contract; and
2. Authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City.
AGENDA REPORT
7. ADOPTION OF THE 2022 INVESTMENT POLICY
The City’s Investment Policy is reviewed on an annual basis for submission and approval by the City Council. The Audit Commission reviewed the proposed changes to the Investment Policy at the December 16, 2021 meeting and recommends that the City Council adopt the Investment Policy for Calendar Year 2022.
Recommendation:
It is recommended that the City Council adopt the City's Investment Policy for Calendar Year 2022, which includes proposed changes to the Investment Policy that continues to provide for safety and liquidity while achieving a reasonable rate of return.
AGENDA REPORT
8. COOPERATIVE AGREEMENT NO. C-1-3255 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF TUSTIN FOR THE SENIOR MOBILITY PROGRAM The Orange County Transportation Authority (OCTA) has requested that the City of Tustin adopt Cooperative Agreement C-1-3255 in order to continue receiving Senior Mobility Program (SMP) funding which partially subsidizes the Senior Transportation Program at the Tustin Area Senior Center.
Recommendation:
Staff recommends that the City Council execute Cooperative Agreement No. C-1-3255, between OCTA and the City of Tustin, thereby continuing the Tustin Area Senior Center’s participation in the Senior Mobility Program for five (5) years through June 30, 2026, with an option to extend the term up to an additional five (5) years through June 30, 2031.
AGENDA REPORT
9. POLICE DEPARTMENT VEHICLE PURCHASE
Four marked Police Department patrol vehicles have been identified as needing to be replaced due to excessive mileage and/or age. There is also an urgent need to purchase a special-use vehicle to staff the Police Department Detention Officer Program with an additional vehicle to safely transport prisoners.
Recommendation:
It is recommended the City Council authorize:
1. The purchase of three (3) 2021 Dodge Charger pursuit-rated vehicles from the National Auto Fleet Group in the City of Alhambra in the amount of $108,825.36 ($36,275.12 ea.) as replacements for three of the aging, high-mileage vehicles scheduled for replacement.
2. The purchase of police equipment conversion packages for three (3) 2021 Dodge Charger pursuit-rated vehicles in the amount of $28,682.19 ($9,560.73 ea.).
3. The purchase of graphic designs from Digital Magic Signs for three (3) 2021 Dodge Charger pursuit-rated vehicles in the amount of $2,210.43 ($736.81 ea.).
4. The purchase of one (1) 2021 Dodge Durango pursuit-rated vehicle from the National Auto Fleet Group in the City of Alhambra in the amount of $45,298.11 as a replacement for one of the aging, high-mileage vehicles scheduled for replacement.
5. The purchase of a police equipment conversion package for one (1) 2021 Dodge Durango pursuit-rated vehicle in the amount of $13,069.55.
6. The purchase of graphic designs from Digital Magic Signs for one (1) 2021 Dodge Durango pursuit-rated vehicle in the amount of $736.81.
7. The purchase of one (1) additional 2021 Dodge Durango special-use detention officer vehicle from the National Auto Fleet Group in the City of Alhambra in the amount of $36,774.01 as a dedicated Detention Officer (D/O) vehicle to fully staff the Police Department jailer program.
8. The purchase of a police equipment conversion package for one (1) 2021 Dodge Durango special-use detention officer vehicle in the amount of $13,312.68.
9. The purchase of graphic designs from Digital Magic Signs for one (1) 2021 Dodge Durango special-use detention officer vehicle in the amount of $736.81.
10. The purchase of a WatchGuard in-vehicle audio/video recording system from WatchGuard Video for one (1) 2021 Dodge Durango special-use detention officer vehicle in the amount of $6,411.36.
11. The purchase of a Motorola Radio System from Motorola Solutions for one (1) 2021 Dodge Durango special-use detention officer vehicle in the amount of $12,301.81.
12. The supplemental appropriation in the amount of $54,837.78 from unappropriated reserves of the Equipment Fund (Fund 184) to purchase one (1) 2021 Dodge Durango special-use detention officer vehicle, and reduce FY 2022-23 appropriation for Fund 184 by $54,837.78
13. The Public Works Department to dispose of the retired surplus vehicles at the next available public auction and credit net proceeds to the applicable City Revenue Fund.
AGENDA REPORT
10. FY2020 URBAN AREA SECURITY INITIATIVE (UASI) GRANT
The City of Anaheim, in its capacity as a Core City for the Anaheim/Santa Ana Urban Area, has applied for, received and accepted a grant entitled "FY 2020 Urban Areas Security Initiative" (UASI) Grant Program. This grant is from the Federal Department of Homeland Security, Federal Emergency Management Agency, through the State of California Office of Emergency Services. It is intended to enhance countywide emergency preparedness, and to help the Operational Area prevent, respond to, and recover from acts of terrorism, as set forth in the grant guidelines and assurances that are incorporated into the Agreement by reference.
The Office of Grants and Training has awarded $5,056,750.00 to the City of Anaheim for use in the Anaheim/Santa Ana Urban Area, for the performance term of September 1, 2020 through March 31, 2023 (FY2020). In which, the grant period for sub-recipients (City of Tustin) can be awarded through the period August 31, 2021 to March 31, 2023. The funds are now available for distribution throughout the Operational Area, and the City of Tustin, as a Sub-Recipient, is authorized to participate in the grant funding.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution 22-01, designating the Chief of Police or his designee as the City's authorized representative for the FY 2020 UASI grant.
2. Approve the FY 2020 UASI Transfer Agreement between the City of Anaheim and the City of Tustin.
RESOLUTION NO. 22-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY'S AUTHORIZED REPRESENTATIVE FOR THE FY 2020 URBAN AREAS SECURITY INITIATIVE (UASI)
AGENDA REPORT
11. MANAGED PRINT SERVICES
Due to the expiration of the City’s lease and services agreement with Sharp Business Systems for copiers and printers, staff issued a Request for Proposal to replace the owned and leased multi-function devices and personal printers at various locations. Upon completion of a thorough analysis, staff is recommending to contract with the vendor that proposed the best solution for the City.
Recommendation:
It is recommended that the City Council:
1. Authorize the Director of Finance to execute a 60-month lease agreement with Insight Financial Services in the amount of $270,000; and
2. Authorize the City Manager to execute a Professional Services Agreement with Sharp Business Systems for a 60-month print management program for supplies and maintenance of multifunction copiers, printers, scanners in an amount of $268,000.
AGENDA REPORT
12. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the third quarter of 2021. The average noise level measured at Tustin’s monitoring station (NMS 10N), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior quarters. Average daily noise levels during the third quarter continued to remain well below the City, County, and State criteria of 65 decibels (dB) Community Noise Equivalent Level (CNEL) for residential uses. Residential noise sensitive areas exposed to an average Community Noise Equivalent Level (CNEL) of more than 65 dB define the "Noise Impact Area." Recommendation:
That the City Council receive and file this report.
AGENDA REPORT
13. APPROVE RESOLUTION 22-03 AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR CALRECYCLE GRANT AND PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS The City applies for various grant and payment programs offered by the Department of Resources Recycling and Recovery (CalRecycle). As part of the application process for these programs, CalReCycle requires a resolution authorizing submittal of the application. The attached resolution authorizes the City Manager to submit applications for CalRecycle grant and payment programs for a period of five (5) years.
Recommendation:
That the City Council approve Resolution 22-03 authorizing the submittal of grant and payment program applications to CalRecycle. RESOLUTION NO. 22-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING SUBMITTAL OF APPLICATION FOR ALL ELIGIBLE GRANT AND PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS
AGENDA REPORT
14. RESOLUTION DECLARING ASSESSORS PARCEL NUMBER (APN) 500-071-12 EXEMPT FROM THE REVISED SURPLUS LAND ACT Resolution 22-04 will declare APN 500-071-12 exempt from the revised Surplus Land Act (SLA) pursuant to California Government Code Sections 54221(f)(1)(A) and 54234 and the Final Surplus Land Act Guidelines Sections 103(b)(1)(A) and 103(b)(3)(A).
Recommendation:
It is recommended that the City Council take the following actions:
1. Adopt Resolution 22-04: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBER 500-071-12 EXEMPT FROM THE REVISED SURPLUS LAND ACT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 54221(f)(1)(A) AND 54234 AND THE FINAL SURPLUS LAND ACT GUIDELINES SECTIONS 103(b)(1)(A) AND 103(b)(3)(A).
2. Authorize the City Manager to sign and direct staff to submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution.
RESOLUTION NO. 22-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS PARCEL NUMBER 500-071-12 EXEMPT FROM THE REVISED SURPLUS LAND ACT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 54221(f)(1)(A) AND 54234 AND THE FINAL SURPLUS LAND ACT GUIDELINES SECTIONS 103(b)(1)(A) and 103(b)(3)(A).
AGENDA REPORT
PUBLIC HEARING ITEM 15
15. DEVELOPMENT AGREEMENT (DA) 2021-0003 (FIRST AMENDMENT TO TUSTIN LEGACY CORNERSTONE I DEVELOPMENT AGREEMENT) This project is the first amendment to the original development agreement (DA) for the Tustin Legacy Cornerstone I development project (DA 2016-0001) located at the northwest corner of Armstrong Avenue and Barranca Parkway, as shown in Attachment A. The amendment would terminate the Original DA as to Phase 1 and the Phase 1 Parcel, and modify certain provisions of the Phase 2 development consistent with the 3rd Amendment to the Disposition and Development Agreement (DDA) approved by the City Council on December 1, 2020. No construction is proposed in conjunction with this project. On December 14, 2021, the Planning Commission adopted Resolution No. 4443, recommending that the City Council adopt Ordinance 1520, approving DA 2021-0003 as an amendment to the original DA as described above.
APPLICANT: Flight Phase I Owner PROPERTY City of Tustin c/o Lincoln Property Co OWNER: 300 Centennial Way
19600 Fairchild, Suite 300 Tustin, CA 92780 Irvine, CA 92612
Recommendation:
That the City Council:
1. Introduce and have first reading, by title only, of Ordinance No. 1520 approving DA 2021-0003, the first amendment to the Original DA to terminate Phase 1 and the Phase 1 Parcel from the DA and to modify certain provisions of the Phase 2 development consistent with the 3rd Amendment to the Disposition and Development Agreement (DDA) approved by the City Council on December 1, 2020; and,
2. Set a second reading at the next City Council meeting.
ORDINANCE NO. 1520
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2021-0003 BETWEEN THE CITY OF TUSTIN AND FLIGHT PHASE I OWNER, LLC. TO ALLOW AN AMENDMENT TO THE TUSTIN LEGACY CORNERSTONE DEVELOPMENT AGREEMENT (DA 2016-0001) FOR THE CREATIVE OFFICE CAMPUS DEVELOPMENT KNOWN AS "THE FLIGHT AT TUSTIN LEGACY" LOCATED WITHIN A PORTION OF PLANNING AREA 9-12 OF THE TUSTIN LEGACY SPECIFIC PLAN (SP-1)
ENVIRONMENTAL REVIEW:
The proposed DA 2021-0003 includes changes in text within the document and will not result in any physical changes to or significant effects on the environment. There is no construction planned with the amendment. Pursuant to Section 15061 (b)(3) of the Guidelines for California Environmental Quality Act (CEQA), this activity is covered by the common-sense exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. As a result, this activity is not subject to CEQA.
AGENDA REPORT
REGULAR BUSINESS ITEMS 16-17
16. AMENDMENT NO. 1 TO CITY MANAGER EMPLOYMENT AGREEMENT Following the conclusion of negotiations with City Manager Matthew S. West, the City Council will consider approval of Amendment No. 1 to his Employment Agreement.
Recommendation:
Approve Amendment No. 1 to the Employment Agreement with City Manager Matthew S. West in the form attached as Exhibit 2.
AGENDA REPORT
17. LEGISLATIVE UPDATE
Recap of 2021 Legislative activities by the City’s advocacy consultant Townsend Public Affairs (TPA), consideration of 2022 Legislative Platform and updates on legislative activity at the state and federal level.
Recommendation:
1. Receive presentation on 2021 Legislative recap by TPA
2. Adopt 2022 Legislative Platform
3. Receive and file legislative update prepared by TPA
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, February 15, 2022 for the Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m.