City Council August 15, 2023
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MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M.
CALL TO ORDER – #3043 at 5:35 p.m.
ROLL CALL – City Clerk
Present: Mayor Austin Lumbard*, Mayor Pro Tem Letitia Clark, and Council Members Ryan Gallagher, Rebecca Gomez and Ray Schnell
Absent: None
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager Mayor Lumbard participated in the closed session meeting via teleconference after written notice of his need to participate remotely for just cause was circulated to the City Council. Mayor Lumbard was not present for the open session meeting that commenced at 7:05 p.m.
PUBLIC INPUT – None
CLOSED SESSION UPDATE – City Attorney David E. Kendig: The Council will convene to discuss Items 1,3,4 and 5 as they appear on the agenda, including conference with its labor negotiators Peter Brown and Derick Yasuda.
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:
CITY OF TUSTINREGULAR AUGUST15, 2023
MEETINGOF THE CITY COUNCIL 300 CENTENNIALWAY, TUSTIN
COUNCILCHAMBER
VIDEOCONFERENCE
Letitia Clark, MayorPro Tem
Ryan Gallagher, CouncilMember Austin Lumbard, MayorMatthewS. West, City Manager RebeccaGomez, CouncilMember Erica N. Yasuda, City Clerk Ray Schnell, CouncilMember David E. Kendig, City Attorney DocuSign Envelope ID: 7601F2EA- BEA1- 48A9- 96B2- DAECA046A840 City Council August 15, 2023
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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
Recessed at 5:36 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER – #3043 at 7:08 p.m.
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion
PUBLIC INPUT – None
CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council unanimously denied Claims 23-33 and 23-41. Other than that, there was no reportable action.
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CONSENT CALENDAR ITEMS 1-12 – Mayor Pro Tem Clark noted for the record that the City Council received two e-comments that were distributed to the City Council and made available to the public on the City’s website.
Public Input – None
It was moved by Council Member Gomez and seconded by Council Member Schnell to approve the Consent Calendar as recommended by staff.
Roll Call – City Clerk
Motion carried: 4-0
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA
Motion: That the City Council waived reading in full of all ordinances and resolutions on the agenda and declared 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
Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on July 18, 2023.
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.
Motion: The City Council approved Payroll in the amount of $1,034,154.75 and 1,154,092.58 and Demands in the amount of $7,957,639.54.
4. LEGISLATIVE UPDATE
Staff and the City’s consultant Townsend Public Affairs ( TPA) have prepared a summary of state legislative activity.
Motion:
1. Received and filed the updated legislative matrix as of August 4.
2. Received and filed legislative updates prepared by TPA.
5. NOTICE OF COMPLETION FOR THE PINE TREE PARK IMPROVEMENTS PROJECT (CIP No. 20087)
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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.
Motion: The City Council:
1. Adopted Resolution No. 23-44 accepting the Pine Tree Park Improvements Project (CIP No. 20087); and
2. Authorized 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)
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.
Motion: The City Council:
1. Authorized the purchase of one (1) equipped 2023 Chevrolet 1500 crew/cab truck from Quality Chevrolet Escondido.
2. Adopted 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. Appropriated $ 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
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.
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Motion: Received and filed.
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.
Motion: The City Council:
1. Adopted Resolution No. 23-43 accepting the Pioneer Road Park Playground Renovation (CIP No. 20092), and
2. Authorized 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)
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.
Motion: The City Council:
1. Adopted 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. Authorized 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 DocuSign Envelope ID: 7601F2EA- BEA1- 48A9- 96B2- DAECA046A840 City Council August 15, 2023
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WORK FOR THE SOUTH HANGAR RENOVATION ( CIP NO. 10076) AND
AUTHORIZING ADVERTISEMENT FOR BIDS
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.
Motion: The City Council rejected the two (2) bids received on the South Hangar Renovation, CIP No. 10076 and directed the City Clerk to return all bid bonds.
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. Motion: The City Council approved the attached response to the Orange County Grand Jury, authorized the Mayor to sign the letter on behalf of the City Council, and directed the City Clerk to submit the response by September 13, 2023.
12. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITILED 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.
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Motion: The City Council approved the attached response to the Orange County Grand Jury, authorized the Mayor to sign the letter on behalf of the City Council, and directed the City Clerk to submit the response by September 1, 2023.
REGULAR BUSINESS ITEM 13
13. SUMMARY OF PROJECTS
Associate Planner Jorge Maldonado provided a PowerPoint presentation on the summary of projects and activities from the Community Development and Public Works Departments. The presentation focused 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.
Public Input – None
The Council received and filed this report.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Schnell
Announced it was back-to-school week for the Tustin Unified School District; on behalf of the City Council wished the teachers, staff, students, and parents a safe school year; working with the Tustin Unified School District for ways to enhance school safety; City Manager, Matthew S. West, has been the liaison with Tustin Unified School District.
Announced the Orange County Fair ended on August 13, 2023; thanked the District Agricultural Association, Orange County government officials, staff, and attendees for making the fair an amazing success; over three hundred (300) million dollars in economic activity is generated annually at the fairgrounds with a large portion coming during the fair; congratulated everyone who was involved with putting on the event.
August 13
Attended the final night at the Orange County Fair; was a good bookend to the event; at the beginning of the fair, attended the Heroes Hall Veterans Foundation ribbon cutting ceremony for the Serenity Walk, an addition to Heroes Hall at the Orange County Fair and Event Center.
August 2
Attended the Concerts in the Park; had the honor, along with Council Member Gomez, to participate in the check presentation of the Tustin Street Fair and Chili Cook-Off funds to several of the non-profit organizations; two (2) of the main beneficiaries were Tustin High School and the Tustin Host Lions Club; congratulated Chad Clanton, Director of Parks and Recreation, for the successful summer programs.
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August 16
Announced will be attending the Orange County Business Council 2023 Health Care Forum.
August 17
Announced will be attending the Umma Adult Day Health Center ribbon cutting ceremony.
Council Member Gallagher
Congratulated Chad Clanton, Director of Parks and Recreation, for the great summer programs including Movies in the Park and Concerts in the Park; had a great time; announced it is an added plus having the event sponsors at the event.
Attended multiple Orange County Sanitation District meetings; main order of business has been discussion with working through the General Manager’s work plans during the next two (2) years.
Announced Tustin has one ( 1) of the largest public EV charging stations, located near Walnut Avenue and Tustin Ranch Road.; great for residents; would like to see an EV charging station located in Old Town Tustin.
Council Member Gomez
July 20
Attended the ribbon cutting ceremony for Operation Warm Wishes Friends and Families Resource Center.
July 21
Attended the Pioneer Road Park ribbon cutting ceremony.
August 2
Attended the Concerts in the Park; announced participated, along with Council Member Schnell, with the Tustin Street Fair and Chili Cook-Off event check presentation to the non- profit recipients; congratulated all the recipients.
August 10
Attended the Pine Tree Park ribbon cutting ceremony; both Pine Tree Park and Pioneer Road Park look wonderful after their renovations; announced the Tustin community should take pride in the parks with keeping them safe and clean for everyone to enjoy.
Attended many of the Concerts in the Park series; thanked the Parks and Recreation Department staff for making the events safe and enjoyable for the community; thanked the sponsors for their contributions.
Announced it was back-to-school week for the Tustin Unified School District; reminded everyone to please be patient during the first few weeks of school being back in session; please be safe and patient while driving near the schools; wished everyone a safe kick-off to the new school year.
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Mayor Pro Tem Clark
Met with the Miss Tustin Scholarship Program contestants; the Miss Tustin Scholarship Program pageant will be held on August 26, 2023, at 3:00 PM located at Beckman High School.
Attended the Tustin school supply drive; numerous individuals and community-based organizations generously donated backpacks and other school items; attendees of the school supply drive were Tustin Unified School District board members, Dr. Mark Johnson, Superintendent of Schools, members of Orange County United Way, members from the Tustin Community Foundation, Assemblywoman Cottie Petrie-Norris as well as members from her office; over four hundred ( 400) backpacks were donated to W.R. Nelson Elementary School.
UPCOMING EVENTS
August 29th
Tustin Community Foundation
Superheroes of Tustin Community Volunteer Recognition Luncheon August 23rd
Fall class registration begins
September 9th
Community Yard Sale
8:00 AM-12:00 PM at the Tustin Area Senior Center
Tustin Police Department Open House
11:00 AM-3:00 PM at the Tustin Civic Center
ADJOURNED at 7:55 p.m. 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.
AUSTIN LUMBARD, ERICA N. YASUDA,
Mayor City Clerk
DocuSign Envelope ID: 7601F2EA- BEA1- 48A9- 96B2- DAECA046A840