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
SEPTEMBER 19, 2023
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PRESENTATION - ITEM 8
ITEM DISTRIBUTED DURING PUBLIC INPUT
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3044
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): (3 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. LIABILITY CLAIMS – [Government Code § 54956.95]: (3 cases) A.
Claim No. 23-15, Claim of Ellis Law Corporation Obo Felix Nexticapan Gonzalez B.
Claim No. 23-16, Claim of Ellis Law Corporation Obo Guadalupe Herrera Bello C.
Claim No. 23-44, Claim of Krista Dossett
5. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] Title: City Manager
REGULAR MEETING OF THE CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY - 7:00 P.M.
CALL TO ORDER – #3044
INVOCATION - Fr. Khoi, St. Cecilia Church
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Clark
PRESENTATION – Recognition of Police Records Lead Sharon McCann for 25 Years of Service 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 - 7)
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 AUGUST 15, 2023 Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on August 15, 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 $1,070,234.83, $991,745.00 and $1,040,065.07 and Demands in the amount of $8,274.394.68.
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. Take an OPPOSE UNLESS AMENDED position on AB 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2023.
2. Take an OPPOSE UNLESS AMENDED position on AB 825 (Bryan) Vehicles: bicycles on sidewalks.
3. Receive and file the updated legislative matrix as of September 8.
4. Receive and file legislative updates prepared by TPA.
AGENDA REPORT
5. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT Pursuant to the Tustin Housing Authority Bylaws and State of California Housing Authorities Law of the California Health and Safety Code Section 34328, the Tustin Housing Authority ("Housing Authority") is holding an annual meeting in order to receive and file the annual report of its activities for the preceding fiscal year.
Recommendation:
The Tustin Housing Authority Commissioners take the following actions:
1. Receive and file the Annual Report for Fiscal Year ("FY") 2022-2023 and transmit such report to the Tustin City Council.
The City Council take the following actions:
1. Receive and file the Housing Authority's Annual Report for FY 2022-2023.
2. Direct that a copy of the Housing Authority's Annual Report for FY 2022-2023 be filed with the City Clerk and ex-officio Clerk of the City Council of the City of Tustin and the California State Department of Housing and Community Development.
AGENDA REPORT
6. AWARD CONTRACT FOR THE RED HILL AVENUE PAVEMENT REHABILITATION PROJECT BETWEEN SAN JUAN STREET AND MELVIN WAY, CIP NO. 70220 Bids for the Red Hill Avenue Pavement Rehabilitation Project between San Juan Street and Melvin Way, CIP No. 70220, have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder, Onyx Paving Company, Inc.
Recommendation:
It is recommended the City Council:
1. Award a construction contract to the lowest responsive/responsible bidder, Onyx Paving Company, Inc. in the amount of $1,661,000.00 for the Red Hill Avenue Pavement Rehabilitation Project between San Juan Street and Melvin Way, CIP No. 70220, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and
2. Appropriate $175,000 from the AB 2766 Motor Vehicle Subvention Fund (Fund 133) to fund the pedestrian crossing improvements at Olwyn Drive.
AGENDA REPORT
7. EXCLUSIVE NEGOTIATING AGREEMENT WITH CD-MS (TUSTIN) LLC FOR PORTIONS OF TUSTIN LEGACY DISPOSITION AREA 8B Request for authorization to enter into an Exclusive Negotiating Agreement (ENA) with CD-MS (Tustin) LLC (Developer) for the disposition and development of portions of Disposition Areas 8B at Tustin Legacy for a senior congregate care facility project.
Recommendation:
Authorize the City Manager to execute the Exclusive Negotiating Agreement between the City and Developer.
AGENDA REPORT
REGULAR BUSINESS ITEM 8
8. PUBLIC WORKSHOP TO DISCUSS CHANGES IN WATER RATES AND TO SET A PUBLIC HEARING PURSUANT TO THE REQUIREMENTS OF PROPOSITION 218 The City’s consultant, IB Consulting, completed a cost-of-service analysis for the City’s Water Enterprise and developed proposed water rates to meet ongoing operational, maintenance, and capital needs while maintaining the requirements of existing bond covenants. City staff requests that the City Council hold a public workshop to discuss the cost-of-service analysis and proposed rates, and set a public hearing for December 5, 2023, to consider the adoption of proposed water rates.
Recommendation:
Staff recommends that the City Council:
1. Conduct a public workshop to discuss the cost-of-service analysis and proposed changes to the water rates;
2. Set a public hearing for December 5, 2023, to consider the adoption of proposed new water rates; and
3. Direct staff to prepare and mail the required public hearing notices.
AGENDA REPORT
MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA No agenda report has been prepared by staff Pursuant to Resolution No. 21-105, if any three (3) members of the Council approve a motion to agendize any of the following items for a future meeting, the City Manager will initiate preparation of an appropriate agenda report and evaluate the tentative dates for the requested item to be placed on the agenda for discussion and consideration by the City Council.
An aye vote will direct staff to prepare an agenda report for Council discussion and consideration at a future meeting date to be determined by the City Manager.
A nay vote will result in no further action taken and the item may not be requested by either of the requesting members of the Council again earlier than six months after the Council last considered the request.
9. PROCUREMENT TRANSPARENCY AND ACCOUNTABILITY
Submitted By Council Member Gallagher, Co-Signed By Mayor Lumbard.
Proposed Motion: Direct staff to prepare an agenda report for Council discussion and consideration at a future meeting date to be determined by the City Manager.
Recommendation:
Pleasure of the City Council.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, October 3, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.