CITY OF TUSTIN SPECIAL MEETING
OF THE CITY COUNCIL
Letitia Clark, Mayor Pro Tem
Ryan Gallagher, Councilmember
Rebecca Gomez, Councilmember
Ray Schnell, Councilmember
Austin Lumbard, Mayor
FEBRUARY 21, 2023
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
ITEMS DISTRIBUTED TO COUNCIL AFTER AGENDA DISTRIBUTION (ITEM 5)
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3035
ATTENDANCE- City Clerk
PUBLIC INPUT - Members of the public may provide comments in writing, in person 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): (1 case)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2) and (e)(5): (1 case)
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
REGULAR MEETING OF THE CITY COUNCIL
- 7:00 P.M.
CALL TO ORDER – #3035
INVOCATION – Fr. Khoi, St. Cecilia Church
PLEDGE OF ALLEGIANCE – Council Member Gomez
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 - 9)
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 FEBRUARY 7, 2023.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 7, 2023.
AGENDA ITEM
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 $918,853.62 and Demands in the amount of $1,602,098.64.
AGENDA ITEM
4. COUNCIL AND COMMISSION TELECONFERENCING
Consider authorizing individual Council members and members of the City’s Commissions to use teleconferencing consistent with the amended requirements of the Brown Act.
Recommendation:
1. Authorize the use by members of the City Council and City Commissions of teleconferencing in accordance with the Ralph M. Brown Act; and
2. Authorize each City Commission the option to disallow teleconferencing by majority vote of that Commission.
AGENDA ITEM
5. FISCAL YEAR 2021-2022 AUDIT REPORTS
The financial statement audit for the 2021-2022 fiscal year has been completed by Davis Farr LLP, which reflects an "unmodified", or clean opinion that the City’s financial statements for the fiscal year are presented fairly. Jennifer Farr, the audit partner from Davis Farr LLP discussed the results of the audit with the Audit Commission on January 26, 2023.
Recommendation:
It is recommended that the City Council receive and file the fiscal year 2021-2022 audit reports.
AGENDA ITEM
6. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING DECEMBER 31, 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.
Recommendation:
Receive and file.
AGENDA ITEM
7. POLICE DEPARTMENT VEHICLE PURCHASE
On January 16, 2023, Patrol Unit 3409 was involved in a traffic collision. The vehicle was inspected by our insurance adjuster and the at-fault driver’s insurance adjuster. The vehicle was deemed to be a total loss as a result of the collision and needs to be replaced.
Recommendation:
It is recommended the City Council authorize:
1. The purchase of one (1) 2022 Dodge Durango pursuit-rated vehicle from the National Auto Fleet Group in the City of Alhambra in the amount of $49,851.76, as a replacement for one (1) total loss Dodge Charger.
2. The purchase of a police equipment conversion package for one (1) 2022 Dodge Durango pursuit-rated vehicle in the amount of $16,429.75.
3. The purchase of graphic designs from Digital Magic Signs for one (1) 2022 Dodge Durango pursuit-rated vehicle in the amount of $704.49.
4. The purchase of a Lakeman Chassis battery box for one (1) 2022 Dodge Durango pursuit-rated vehicle in the amount of $187.61.
5. The purchase of a duty gear and electronics box from Innovative Emergency Equipment for one (1) 2022 Dodge Durango pursuit rated vehicle in the amount of $4,853.63.
6. The Public Works Department to dispose of the total loss vehicle at the direction of the insurance company. If there are any proceeds as a result of the disposal, credit the net proceeds to the applicable City Revenue Fund.
7. An appropriation from the Vehicle Replacement Fund in the amount of $72,027.24 for the purchase and conversion of the 2022 Dodge Durango. The Vehicle Replacement Fund will be reimbursed for the purchase upon collection of any funds from the insurance claim.
AGENDA ITEM
8. AWARD CONTRACT FOR THE ALLEY GROVE PROMENADE PROJECT, CIP NO. 20084 Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Alley Grove Promenade Project in Tustin Legacy, CIP No. 20084, Brightview Landscape Development, Inc. ("Brightview").
Recommendation:
It is recommended that the City Council:
1. Deny the bid protest submitted by Marina Landscape, Inc. ("Marina") as to Brightview;
2. Waive inconsequential bid deviations in the bid of Brightview, award a construction contract in the amount of $3,437,030.44, for the Alley Grove Promenade Project, CIP No. 20084 to Brightview as the lowest responsive and responsible bidder, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and
3. Appropriate $884,700 from Land Sale Proceeds Fund (Fund 189) to fully fund the project.
AGENDA ITEM
9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1534 ADDING PART 8 TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATED TO THE ESTABLISHMENT OF A PUBLIC ART COMMISSION Adoption of Ordinance No. 1534 amends the Tustin City Code by adding Part 8 to Chapter 5 of Article 1 of the Tustin City Code establishing the Public Art Commission.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No. 1534.
ORDINANCE NO. 1534
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADDING PART 8 TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATED TO THE ESTABLISHMENT OF A PUBLIC ART COMMISSION
AGENDA ITEM
REGULAR BUSINESS ITEMS 10-11
10. MID-YEAR BUDGET REVIEW FOR FISCAL YEAR 2022-2023
This report provides the City Council with a Mid-Year Budget Review of Fiscal Year 2022-2023, which projects General Fund operating revenues to be $2.2 million higher than the adopted budget and General Fund operating expenditures to be $2.1 million higher than the amended budget; and projects General Fund Reserves of $27 million at June 30, 2023 (or 30% of General Fund operating expenditures) which exceeds the City Council’s reserve policy of 15% to 20%.
Recommendation:
Staff recommends that the City Council:
1. Authorize an increase to the amended budget for General Fund revenues by $2,166,700 based on projected amounts reflected within this report;
2. Authorize an increase to General Fund appropriations for City Clerk's Office ($22,307), Public Works ($279,541), and Non-Departmental ($2,585,704);
3. Authorize staffing changes to the Position Control List and approve Resolution 23-09, establishing classifications and salary ranges for Assistant Plan Check Engineer, Associate Plan Check Engineer, Equipment Mechanic Leadworker, and Water Treatment Leadworker;
4. Authorize supplemental appropriations of $438,100 from unappropriated reserves of the Gas Tax Fund (Fund 130) for plant material rehabilitation, contract engineering, and contract signal operation support;
5. Authorize supplemental appropriations of $62,000 from unappropriated reserves of the Street Lighting District Fund (Fund 142) for increased energy costs and new signals;
6. Authorize an increase of $114,000 to the state grant revenue budget in the Solid Waste Fund (Fund 171) and ·supplemental appropriations of $215,000 from the same fund for costs related to implementing State Grant Senate Bill (SB) 1383 Reduction of Organic Waste;
7. Authorize supplemental appropriations of $32,000 in the Special Events Fund (Fund 180) for increased recreation services;
8. Authorize supplemental appropriations of $3,023,000 from unappropriated reserves of the Water Enterprise Fund (Fund 300) for Beneta Well construction costs, Pasadena Well equipment replacement, and increased water purchase costs;
9. Authorize supplemental appropriations of $482,000 in the Water Capital Fund (Fund 301) for Edinger Well maintenance, analysis, and engineering services;
10. Authorize supplemental appropriations of $288,500 in the Special Tax B Fund (Fund 442) for a projected increase in special tax transferred to the General Fund for public services at the Tustin Legacy area; and
11. Authorize supplemental appropriations for capital projects outlined within this report.
RESOLUTION NO. 23-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPDATING THE CITYWIDE SALARY SCHEDULE AND THE POSITION CONTROL SCHEDULE
AGENDA ITEM
11. PARKS & RECREATION DEPARTMENT ANNUAL REPORT 2022
The Parks & Recreation Department’s Annual Report summarizes the Department’s activities throughout 2022.
Recommendation:
Receive and file.
AGENDA ITEM
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, March 7, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.