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
AUGUST 15, 2023
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PUBLIC COMMENT-ALEX BROWN (ITEM 12)
PUBLIC COMMENT-G. MOSES (ITEM 12)
PRESENTATION - ITEM 13
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3043
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): (1 case)
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. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] Title: City Manager
5. LIABILITY CLAIMS – [Government Code § 54956.95]: (2 cases) A.
Claim No. 23-33, Claim of Duque OBO Steven Escamilla
B.
Claim No. 23-41, Claim of Thuy Hoang
REGULAR MEETING OF THE CITY COUNCIL
- 7:00 P.M.
CALL TO ORDER – #3043
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion 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 - 12)
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 JULY 18, 2023 Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on July 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 $1,034,154.75 and $1,154,092.58 and Demands in the amount of $7,957,639.54.
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 August 4.
2. Receive and file legislative updates prepared by TPA.
AGENDA REPORT
5. NOTICE OF COMPLETION FOR THE PINE TREE PARK IMPROVEMENTS PROJECT (CIP No. 20087) Construction for the Pine Tree Park improvements Project (CIP No. 20087) has been substantially completed to the satisfaction of the City Engineer and is now ready for City Council acceptance.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 23-44 accepting the Pine Tree Park Improvements Project (CIP No. 20087); and
2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office.
RESOLUTION NO. 23-44
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 PINE TREE PARK IMPROVEMENTS (CIP 20087)
AGENDA REPORT
6. AUTHORIZATION TO PURCHASE FIVE VEHICLES
Staff is requesting City Council authorization to purchase one (1) 1500 crew/cab vehicle, two (2) 3500 flatbed vehicles, and two (2) Toyota Prius Prime Hybrids.
Recommendation:
It is recommended that the City Council:
1. Authorize the purchase of one (1) equipped 2023 Chevrolet 1500 crew/cab truck from Quality Chevrolet Escondido.
2. Adopt Resolution No. 23-42 authorizing the purchase of two (2) Chevrolet 3500 Flatbeds from Elk Grove Auto /Winner Chevrolet and two (2) Toyota Prius Hybrids from Freeway Toyota.
3. Appropriate $72,082.02 from the AB 2766 Motor Vehicle Subvention Program Fund (Fund 133) for the purchase of two (2) Toyota Prius'.
RESOLUTION NO. 23-42
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
7. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING JUNE 30, 2023 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 REPORT
8. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE PIONEER ROAD PARK PLAYGROUND RENOVATION (CIP NO. 20092) The Pioneer Road Park Playground Renovation has been completed and the project is ready to accept and file the Notice of Completion.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 23-43 accepting the Pioneer Road Park Playground Renovation (CIP No. 20092), and
2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office.
RESOLUTION NO. 23-43
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 PIONEER ROAD PARK PLAYGROUND RENOVATION (CIP NO. 20092)
AGENDA REPORT
9. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE TUSTIN-LEGACY NEIGHBORHOOD "D" SOUTH PHASE 2 INFRASTRUCTURE (CIP NO. 70256) CONSTRUCTION PROJECT - PACKAGE #1 AND THE CIVIL PORTION OF THE WORK FOR THE SOUTH HANGAR RENOVATION (CIP NO. 10076) The plans and specifications for the Tustin-Legacy Neighborhood "D" South Phase 2 Infrastructure (CIP No. 70256) Construction Project - Package #1 and the civil portion of the work for South Hangar Renovation (CIP No. 10076) have been substantially completed pending final approval by the City Engineer.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 23-41 approving the plans and specifications for the Tustin-Legacy Neighborhood "D" South Phase 2 Infrastructure (CIP No. 70256) Construction Project - Package #1 and the civil portion of the work for the South Hangar Renovation (CIP No. 10076); and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 23-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN-LEGACY NEIGHBORHOOD "D" SOUTH PHASE 2 INFRASTRUCTURE (CIP NO. 70256) CONSTRUCTION PROJECT - PACKAGE #1 AND THE CIVIL PORTION OF THE WORK FOR THE SOUTH HANGAR RENOVATION (CIP NO. 10076) AND AUTHORIZING ADVERTISEMENT FOR BIDS
AGENDA REPORT
10. REJECTION OF ALL BIDS FOR THE SOUTH HANGAR RENOVATION (CIP NO. 10076) Staff is recommending that the City Council reject both bid proposals received on July 11, 2023 for the South Hangar Renovation, CIP No. 10076. The City received only two (2) bids for this project, both higher than the engineer’s estimate, with the lowest being approximately 13.7% over the engineer’s estimate. In addition, staff has determined that adding the limited civil work to the Neighborhood D South Phase 2 - Package #1 bid set would allow the City to require a Class B contractor’s license instead of a Class A license, and further to split the structural work from the electrical work, both in an attempt to provide flexibility for a determination of its approach to get more bidders and more competitive bid numbers.
Recommendation:
It is recommended that the City Council reject the two (2) bids received on the South Hangar Renovation, CIP No. 10076 and direct the City Clerk to return all bid bonds.
AGENDA REPORT
11. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED "WELCOME TO THE NEIGHBORHOOD" On June 12, 2023, the Orange County Grand Jury (Grand Jury) released a report entitled "Welcome to the Neighborhood" discussing group homes which provide services including, but not limited to, substance recovery, hospice care, residential care for the elderly, and sober living environments. California Penal Code Section 933 requires the governing body of any public agency to comment on the findings and recommendations no later than 90 days after the release of the report (by September 13, 2023). The City Council response is included herein as Attachment 2.
Recommendation:
It is recommended that the City Council approve the attached response to the Orange County Grand Jury, authorize the Mayor to sign the letter on behalf of the City Council, and direct the City Clerk to submit the response by September 13, 2023.
AGENDA REPORT
12. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED GIMME SHELTER AND A POUND OF ADVICE, "THE STATE OF ANIMAL WELFARE OVERSEEN BY THE COUNTY OF ORANGE" On June 2, 2023, the Orange County Grand Jury (Grand Jury) released a report entitled "Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange". California Penal Code Section 933 requires the governing body of any public agency to comment on the findings and recommendations no later than 90 days after the release of the report (by September 1, 2023). The proposed City Council response is included herein as Attachment 2.
Recommendation:
It is recommended that the City Council approve the attached response to the Orange County Grand Jury, authorize the Mayor to sign the letter on behalf of the City Council, and direct the City Clerk to submit the response by September 1, 2023.
AGENDA REPORT
REGULAR BUSINESS ITEM 13
13. SUMMARY OF PROJECTS
Staff will present the summary of projects and activities from the Community Development and Public Works Departments. The presentation will focus on the status of projects that the Planning Commission, City Council, Zoning Administrator, or staff approved; historic preservation projects; Code Enforcement activities; major construction and improvement projects; and other items of interest.
Recommendation:
Receive and file.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, September 5, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.