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
JULY 18, 2023
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
E-Comment (Anonymous)
E-Comment (Anonymous)
E-Comment (Anonymous)
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 – #3042
ROLL CALL - 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): (2 cases)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. LABOR NEGOTIATIONS – [Government Code § 54957.6] Agency Negotiators:
Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization:
Tustin Police Support Services Management Association (TPSSMA) Employee Organization:
Tustin Police Support Service Association (TPSSA)
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A.
Property Address/Description - APN 430-481-02, 430-481-03, 430-481-04, 430-481-05 Agency - City of Tustin
City Negotiators - Matthew S. West, City Manager and Christopher Koster, Director of Economic Development Negotiating Parties - Mark Janda, Senior Vice President - Development, AvalonBay Communities Inc. and Lara Regus, Senior Vice President, Development, Abode Communities Under Negotiation - Price and Terms of Payment
5. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] Title: City Manager
6. LIABILITY CLAIMS – [Government Code § 54956.95]: (10 cases) A.
Claim No. 23-25, Claim of Thomas Conroy OBO A.R.
B.
Claim No. 23-26, Claim of Thomas Conroy OBO Z.R.
C.
Claim No. 23-27, Claim of Thomas Conroy OBO C.H.
D.
Claim No. 23-28, Claim of Thomas Conroy OBO Nazanin Zand E.
Claim No. 23-29, Claim of Thomas Conroy OBO Yasamin Zand F.
Claim No. 23-30, Claim of Thomas Conroy OBO N.R.
G.
Claim No. 23-34, Claim of Law Offices of Dale K. Galipo OBO the Estate of Clemente de Jesus Garay Mejia H.
Claim No. 23-35, Claim of Law Offices of Dale K. Galipo OBO Olga Griselda Alvarado de Garay I.
Claim No. 23-36, Claim of Law Offices of Dale K. Galipo OBO Carolina Yasmin Garay Alvarado J.
Claim No. 23-37, Claim of Law Offices of Dale K. Galipo OBO Mercedes Jeanneth Garay Alvarado
REGULAR MEETING OF THE CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY - 7:00 P.M.
CALL TO ORDER – #3042
INVOCATION - Deacon Bill Weeks, St. Cecilia Church
PLEDGE OF ALLEGIANCE – Mayor Austin Lumbard
PRESENTATION – Drowning Prevention Awareness Proclamation 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 - 10)
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 JUNE 20, 2023 Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on June 20, 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 $997,502.26 and $954,652.49 and Demands in the amount of $6,073,108.09.
Agenda Report
4. LEGISLATIVE UPDATE
Staff and the City’s consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity.
Recommendation:
1. Receive and file the updated legislative matrix as of July 7.
2. Receive and file legislative updates prepared by TPA.
Agenda Report
5. DIRECTION TO RETURN WITH OPTIONS FOR UPDATING TERM LIMIT ORDINANCE Provide direction regarding when staff should return to the City Council with options for revisions to the existing limitations on City Council terms in office in light of the City’s transition to by-district elections of four Council Members and the separate, directly elected office of the Mayor.
Recommendation:
Direct staff to return to the City Council with a staff report presenting options for potential amendments to City Council term limits such that the proposed amendments could be presented to Tustin voters at the General Election on November 5, 2024.
Agenda Report
6. ADOPT RESOLUTION NO. 23-37 TO ACCEPT IMPROVEMENTS FOR THE TUSTIN LEGACY NEIGHBORHOOD "D" SOUTH PHASE 1 INFRASTRUCTURE BACKBONE (CIP NO. 70246) AND NON-BACKBONE (CIP NO. 70250) CONSTRUCTION PROJECT, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Tustin-Legacy Neighborhood "D" South Phase 1 Infrastructure Backbone (CIP No. 70246) and Non-Backbone (CIP No. 70250) Construction Project has been completed by R.J. Noble Company to the satisfaction of the City Engineer and is now ready for City Council acceptance.
Recommendation:
It is recommended that the City Council take the following actions:Recommendation: It is recommended that the City Council take the following actions:
1. Adopt Resolution No. 23-37 accepting the construction of the Tustin-Legacy Neighborhood "D" South Phase 1 Infrastructure Backbone (CIP No. 70246) and Non Backbone (CIP No. 70250) Construction Project, and
2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office.
RESOLUTION NO. 23-37
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 TUSTIN LEGACY NEIGHBORHOOD "D" SOUTH PHASE 1 INFRASTRUCTURE BACKBONE (CIP NO. 70246) AND NON-BACKBONE (CIP NO. 70250) CONSTRUCTION PROJECT Agenda Report
7. PINE TREE PARK RESTROOM WALL MURAL PUBLIC ART PROJECT At their June 14, 2023, Special Meeting, the Public Art Commission selected a design for the Pine Tree Park Restroom Wall Mural to recommend to the City Council for final approval.
Recommendation:
It is recommended that the City Council adopt Resolution 23-38 approving the wall mural design, submitted by artist Laura Burris, to be installed on the exterior restroom wall at Pine Tree Park and authorize the Parks and Recreation Department to execute an agreement with the artist. RESOLUTION NO. 23-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ARTWORK FOR THE PINE TREE PARK MURAL AS RECOMMENDED BY THE PUBLIC ART COMMISSION AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE ARTIST Agenda Report
8. AUTHORIZATION TO PURCHASE ONE STANDBY GENERATOR, ONE FORKLIFT, AND TWO VEHICLES, ALONG WITH DECLARATION OF SURPLUS
EQUIPMENT FOR PUBLIC AUCTION
Staff is requesting City Council authorization to purchase one (1) standby generator, one (1) forklift, and two (2) utility vehicles. In addition, the City Council is requested to declare certain City equipment surplus in accordance with Section 1630a (2) of the Tustin City Code and authorize their sale at public auction.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 23-39 authorizing the purchase of one (1) standby generator from Sourcewell contract number 092222-KOH Bay City Electric.
2. Adopt Resolution No. 23-40 authorizing the purchase of one (1) replacement forklift from State Contract number 1-19-39-01 B Cromer Equipment.
3. Authorize the purchase of two (2) equipped 2024 Chevrolet 2500 utility bed trucks for Public Works Operations from Quality Chevrolet Escondido.
4. Declare, in accordance with the Tustin City Code - Section 1630a (2), the attached itemized list of equipment as surplus and not required for public use and authorize the sale at the next available public auction, crediting net proceeds to applicable City revenue fund.
RESOLUTION NO. 23-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING SOURCEWELL TO PURCHASE CERTAIN ITEMS
RESOLUTION NO. 23-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES TO PURCHASE CERTAIN ITEMS Agenda Report
9. MOBILE ALPR CAMERA SUBSCRIPTION
The City of Tustin’s Parking Permit Program exists to safeguard on-street parking availability for residents and their guests. The current permit parking policy is intended to mitigate parking intrusions that may impact the quality of life or public safety in residential neighborhoods throughout the City. Recently, an effort has been made to modernize and streamline the permit parking program, as well as create an efficient, adaptable system that can be easily updated and adjusted as the program expands.
On June 6, 2023, City Council approved the Parking Action Plan. However, no funds were appropriated at that time nor were included in the Fiscal Year 2023-2024 budget to complete the purchase of the required equipment.
Recommendation:
It is recommended that the City Council authorize:
1. A mobile ALPR subscription for three (3) 3-camera high-definition ALPR camera systems, the associated mounting hardware, extended warranties (years two through five), parking integration, and hosting package; and
2. A supplemental appropriation in the amount of $33,000 from unappropriated reserves of the General Fund (Fund 100).
Agenda Report
10. DESIGNATION OF VOTING DELEGATES AND ALTERNATES – LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SCHEDULED FOR SEPTEMBER 20-23, 2023 (SACRAMENTO) In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity.
Recommendation:
It is recommended that the City Council designate the following: o Voting Delegate: Council Member Gomez o Alternate: Council Member Schnell
Agenda Report
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, August 1, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.