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
MAY 2, 2023
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
CLOSED SESSION MEETING OF THE CITY COUNCIL AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY - 5:30 P.M.
CALL TO ORDER – #3039
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): (4 cases)
REGULAR MEETING OF THE CITY COUNCIL
- 7:00 P.M.
CALL TO ORDER – #3039
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion PRESENTATION - Proclamation Recognizing Building and Safety Month 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 - 11)
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 APRIL 18, 2023.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on April 18, 2023.
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 $960,545.63 and Demands in the amount of $2,596,648.55.
AGENDA REPORT
4. AWARD CONTRACT FOR THE LEGACY ANNEX TENANT IMPROVEMENT PROJECT CIP NO. 10087 Bids for the Legacy Annex Tenant Improvement Project (CIP No. 10087) have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder, RBA Builders, Inc.
Recommendation:
It is recommended that the City Council:
1. Award the construction contract to RBA Builders, Inc., the lowest responsive/responsible bidder, in the amount of $772,822.00 for the Legacy Annex Tenant Improvement Project (CIP No. 10087), and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City;
2. Adopt Resolution No. 23-18 authorizing the use of OMNIA Partners; Contract# R191804 with The HON Company for the FF&E (Furnishings, Fixtures and Equipment) in the amount of $43,444.55; and
3. Authorize the remaining project budgeted appropriation in excess of ten percent (10%) above the contract amount as additional contingency.
RESOLUTION NO. 23-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE COUNTY OF ORANGE COOPERATIVE PURCHASING PROGRAM TO PURCHASE CERTAIN ITEMS
AGENDA REPORT
5. APPROVE THE ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2023-2024 ASSESSMENTS At the February 7, 2023 meeting, the City Council ordered the preparation of an Engineer’s Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer’s Report has now been completed and is ready for City Council approval. Additionally, it is requested that the City Council declare its intention to levy annual assessments and set a public hearing for June 6, 2023.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 23-16 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2023-2024; and
2. Adopt Resolution No. 23-17 declaring its intention to levy annual assessments for Fiscal Year 2023-2024 and setting a public hearing for June 6, 2023.
RESOLUTION NO. 23-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023-2024
RESOLUTION NO. 23-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2023-2024 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF
AGENDA REPORT
6. ADOPT RESOLUTION NO. 23-20 AND 23-21, SUPPORTING FINDINGS THAT THE CITY OF TUSTIN PFAS WATER TREATMENT PLANT IS EXEMPT FROM CEQA AND AUTHORIZING A REPRESENTATIVE TO SIGN AND FILE A FINANCIAL ASSISTANCE APPLICATION AND GRANT AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD FOR CONSTRUCTION OF THE TUSTIN PFAS WATER TREATMENT PLANT The Orange County Water District (OCWD) has identified potential grant funding through the State Water Resource Control Board (SWRCB) to help offset capital costs incurred for the design and construction of the Tustin PFAS Water Treatment Plant. Although OCWD is the lead agency in regards to the construction and financial components of this project, the SWRCB had indicated OCWD is not eligible to apply for this grant, but would accept an application from the owner/operator of the facility. OCWD has requested Tustin’s support in applying for grant funding. Resolution Nos. 23-20 and 23-21 support OCWD’s California Environmental Quality Act (CEQA) findings and designate a representative of the City to sign and file the grant application.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 23-20 supporting the findings that the Tustin PFAS Water Treatment Plant is categorically exempt from CEQA for the reasons set forth in the Resolution; and
2. Adopt Resolution No. 23-21 authorizing the City Manager or his designee, the Director of Public Works/City Engineer, to sign and file the grant application with the SWRCB.
RESOLUTION NO. 23-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA SUPPORTING AND ADOPTING THE FINDINGS THAT THE CITY OF TUSTIN PFAS WATER TREATMENT PLANT IS EXEMPT FROM CEQA PURSUANT TO SECTION 15303 OF THE CEQA GUIDELINES
RESOLUTION NO. 23-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING A REPRESENTATIVE TO SIGN AND FILE A FINANCIAL ASSISTANCE APPLICATION FOR FINANCING AND GRANT AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD FOR THE TUSTIN PFAS WATER TREATMENT PLANT
AGENDA REPORT
7. PROMISSORY NOTE BETWEEN THE WATER ENTERPRISE FUND AND THE GENERAL FUND Authorize the General Fund’s purchase of a seven-year Promissory Note issued by the Water Enterprise Fund to meet the rate covenant requirement for the 2016 and 2020 Refunding Water Revenue Bonds.
Recommendation:
It is recommended that the City Council adopt Resolution No. 23-14 that:
1. authorizes the General Fund's purchase of a seven-year promissory note in the principal amount of $3,830,700 ("Promissory Note"); and
2. authorizes the execution of a seven-year Promissory Note by the Water Enterprise Fund to meet the bond rate covenant.
RESOLUTION NO. 23-14
A RESOLUTION OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE GENERAL FUND'S INVESTMENT IN A PROMISSORY NOTE OF THE TUSTIN WATER ENTERPRISE FUND AND AUTHORIZING THE EXECUTION OF THE PROMISSORY NOTE BY THE WATER ENTERPRISE FUND.
AGENDA REPORT
8. EIGHTH AMENDMENT TO THE RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND NATIONAL OFFICE LIQUIDATORS, LLC FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE Request for approval of the eighth amendment to the Rental Agreement (Amendment) between the City and National Office Liquidators, LLC (Tenant), for City-owned property located at 15171 Del Amo Avenue.
Recommendation:
It is recommended that the City Council approve the eighth amendment in accordance with Tustin City Code Section 7960(B) and authorize the City Manager to execute the Amendment, subject to any non-substantive modifications as may be deemed necessary and/or recommended by the City Attorney.
AGENDA REPORT
9. FIFTH AMENDMENT TO THE RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND KYA SERVICES, LLC FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE Request for approval of the fifth amendment to the Rental Agreement (Amendment) between the City and Kya Services, LLC (Tenant), for City-owned property located at 15171 Del Amo Avenue.
Recommendation:
It is recommended that the City Council approve the fifth amendment in accordance with Tustin City Code Section 7960(B) and authorize the City Manager to execute the Amendment, subject to any non-substantive modifications as may be deemed necessary and/or recommended by the City Attorney.
AGENDA REPORT
10. AUTHORIZATION TO PURCHASE TWO (2) SHADE STRUCTURES FOR THE BARK BARRACKS AT TUSTIN LEGACY PARK (CIP No. 20091) Staff is requesting authorization to purchase two (2) cantilever disc shade structures for the Bark Barracks (Dog Park) at Tustin Legacy Park project (CIP No. 20091) utilizing the Sourcewell cooperative government purchasing program.
Recommendation:
It is recommended that the City Council adopt Resolution 23-19, authorizing the use of the Sourcewell (formerly National Joint Powers Alliance) cooperative government purchasing program (Contract # 010521-LTS-6) for the purchase of two (2) cantilever disc shade structures from Playpower, Inc./USA Shade at the Bark Barracks (Dog Park) at Tustin Legacy Park.
AGENDA REPORT
11. LEGISLATIVE UPDATE
Staff and the City’s consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity.
Recommendation:
1. Take an OPPOSE UNLESS AMENDED position on AB 742 (Jackson) Law enforcement: police canines
2. Take an OPPOSE UNLESS AMENDED position on AB 1637 (Irwin) Local government: internet websites and email addresses
3. Take a SUPPORT position on AB 1708 (Muratsuchi) Theft
4. Take an OPPOSE UNLESS AMENDED position on SB 252 (Gonzalez) Public retirement systems: fossil fuels: divestment
AGENDA REPORT
PUBLIC HEARING ITEM 12
12. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE YEAR ACTION PLAN FOR PROGRAM YEAR 2023-24 The Housing and Community Development Act of 1974, as amended, established the Community Development Block Grant (CDBG) program to return federal funds to local communities for the purpose of developing viable urban communities by providing decent housing, creating suitable living environments, and by expanding economic opportunities, specifically for low and moderate-income persons. To participate in the CDBG program, the City is required to prepare a Consolidated Plan that identifies needs for affordable and supportive housing, community development, public services, and economic opportunities. The Consolidated Plan is required every five (5) years and was most recently adopted by the City Council on April 21, 2020. Annually, the City is also required to prepare a one-year Action Plan that implements the goals and objectives contained in the Consolidated Plan. The proposed 2023-24 Action Plan set forth in Resolution No. 23-12 (Attachment A) fulfills this annual requirement.
Recommendation:
That the City Council adopt Resolution No. 23-12:
1. Approving the Program Year (PY) 2023-24 Action Plan and funding allocations totaling $749,455; authorize submission of the PY 2023-24 Action Plan to the U.S. Department of Housing and Urban Development (HUD); and,
2. Authorizing the Community Development Department to enter into contracts with CDBG subrecipients for public services, non-public services, and fair housing services.
RESOLUTION NO. 23-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ACTION PLAN FOR PROGRAM YEAR 2023-24 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, May 16, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
PUBLIC HEARING ITEM 12