CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
Ryan Gallagher, Mayor Pro Tem
Letitia Clark, Councilmember
Rebecca Gomez, Councilmember
Ray Schnell, Councilmember
Austin Lumbard, Mayor
JANUARY 16, 2024
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PRESENTATION - NAVY NORTH HANGAR STATUS REPORT
PRESENTATION - 2024 SPECIAL EVENT SCHEDULE
PRESENTATION - ITEM 8
PRESENTATION - ITEM 9
CLOSED SESSION MEETING 5:30 P.M.
CALL TO ORDER – #3051
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. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1 case) – related to the fire at the North Hangar owned by the Navy and the release of hazardous materials therefrom
4. PUBLIC EMPLOYMENT - Cal. Gov’t Code § 54957(b)(1). Title: City Manager
5. LIABILITY CLAIMS – [Government Code § 54956.95]: (4 cases) A.
Claim No. 23-51, Claim of Robert Conn
B.
Claim No. 23-54, Claim of Moises Anaya
C.
Claim No. 23-56, Claim of Jane Altes
D.
Claim No. 23-58, Claim of Chun Kyong Shin
REGULAR MEETING OF THE CITY COUNCIL
- 7:00 P.M.
CALL TO ORDER – #3051
INVOCATION - Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Gallagher
PRESENTATION - Navy North Hangar Status Report
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 AND TUSTIN HOUSING AUTHORITY AND SPECIAL MEETING OF THE CITY COUNCIL HELD ON DECEMBER 5, 2023, THE CLOSED SESSION MEETING OF THE CITY COUNCIL HELD ON DECEMBER 19, 2023 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD ON JANUARY 9, 2024.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council and Tustin Housing Authority and Special Meeting of the City Council held on December 5, 2023, the Closed Session Meeting of the City Council held on December 19, 2023 and the Special Meeting of the City Council held on January 9, 2024.
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 $990,524.78 and $1,037,163.86 and Demands in the amount of $13,359,266.74.
Agenda Report
4. ADOPTION OF THE 2024 INVESTMENT POLICY
The City’s Investment Policy is reviewed on an annual basis for submission and approval by the City Council. On November 30, 2023, the Audit Commission reviewed the current Investment Policy and found it to contain relevant changes from the California Government Code. Therefore, the Audit Commission recommends that the City Council adopt the Investment Policy for Calendar Year 2024 with no changes.
Recommendation:
It is recommended that the City Council adopt the City's Investment Policy for Calendar Year 2024 with no changes. Adoption of the Investment Policy also delegates to the City Treasurer for a period of one-year the authority to invest the funds of the City in accordance with the Investment Policy.
Agenda Report
5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT~ ZONE 5, CIP NO. 70023 The plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project for Zone 5 (CIP No. 70023) have been prepared and the project is now ready for bid.
Recommendation:
It is recommended that the City Council adopt Resolution No. 24-02 approving the plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project ~ Zone 5, (CIP No. 70023), and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 24-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT – ZONE 5, CIP NO. 70023 AND AUTHORIZING ADVERTISEMENT FOR BIDS Agenda Report
6. ADOPT RESOLUTION 24-03 RESCINDING RESOLUTION 22-29 REGARDING LEVEL 2 WATER SUPPLY SHORTAGE AND RETURN TO PERMANENT WATER USE RESTRICTIONS On March 24, 2023, Governor Gavin Newsom signed Executive Order N-5-23, which recognizes the improved hydrological conditions across the state of California and rescinded provisions in Executive Order N-7-22, including the requirement that all urban water suppliers implement Level 2 of their Water Shortage Contingency Plan (WSCP).
Recommendation:
Staff recommends that the City Council adopt Resolution 24-03 rescinding Resolution 22-29 regarding Level 2 Water Supply Shortage and return to Permanent Water Use Restrictions. RESOLUTION NO. 24-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA RESCINDING RESOLUTION NO. 22-29 REGARDING LEVEL 2 WATER SUPPLY SHORTAGE Agenda Report
7. LENCO ARMORED VEHICLE PURCHASE
The City of Tustin received grant funding from the Urban Area Security Initiative (UASI) in the amount of $375,000 to purchase an armored tactical response vehicle to be used by the Tustin Police Department. An Invitation for Bid (IFB) process was completed on August 18, 2023, using the City’s online bid management and publication system. A total of 503 users were notified, and two vendors submitted bids, Terradyne Incorporated and Lenco Industries, Inc. Through an exhaustive discussion and review, the Tustin Police Department did not disqualify Terradyne from the RFP, but rather Lenco scored higher on the evaluation. Lenco Industries, Inc. was selected as the preferred vendor.
Recommendation:
It is recommended that the City Council:
1. Authorize the purchase of the specialized armored response vehicle in the amount of $332,345.20 from Lenco Industries, Inc.; and
2. Approve a supplemental appropriation in the amount of $353,501.41 (vehicle cost plus $21,156.21 in California taxes and fees), from unappropriated reserves of the Equipment Fund (Fund 184) for the specialized armored response vehicle from Lenco Industries, Inc.
Agenda Report
REGULAR BUSINESS ITEMS 8-9
8. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR HEIDEMAN SCHOOL PARK (CIP No. 20089) Approval of a Consultant Services Agreement between the City of Tustin and NUVIS Landscape Architecture to provide the city with design services and construction documents for the Heideman School Park project (CIP No. 20089).
Recommendation:
Authorize the Acting City Manager to execute a Consultant Services Agreement with NUVIS Landscape Architecture for the preparation of plans and specifications for the Heideman School Park project (CIP No. 20089) in an amount not to exceed $602,491, subject to any non-substantive modifications as deemed necessary and/or recommended by the City Attorney.
Agenda Report
9. POTENTIAL AMENDMENTS TO TERM LIMITS FOR MAYOR AND CITY COUNCIL MEMBERS This staff report presents options for potential amendments to City Council term limits in light of the City’s transition to district elections and seeks the City Council’s direction regarding which proposed amendments to submit to Tustin’s voters.
Recommendation:
Provide direction regarding proposed term limit revisions and direct staff to return at a future meeting with a draft ordinance for the Council’s consideration prior to placing the proposed ordinance on the November 2024 ballot for voter approval.
Agenda Report
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, February 6, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.