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Home My WebLink About00 AGENDA 5.21.19CITY OF TUSTIN REGULAR MAY 21, 2019 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN .tom Dr. Allan Bernstein, Mayor Pro Tem Matthew S. West, City Manager/ Letitia Clark, Council Member Charles E. Puckett, Mayor Acting City Treasurer Barry W. Cooper, Council Member Erica N. Yasuda, City Clerk Austin Lumbard, Council Member David E. Kendig, City Attorney CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2454 ROLL CALL — City Clerk PUBLIC INPUT — Members of the public may 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) WRITTEN MATERIALS — Materials that are distributed to a majority of the Council members, less than 72 hours prior to the Regular Meeting, are available for public inspection at the following locations: In the City Clerk's Office during regular business hours and following business hours (after 5:30 p.m.) in the Council Chamber on the day of the meeting. AMERICANS WITH DISABILITIES ACT (ADA) - In compliance with the (ADA), those requiring accommodations for this meeting should notify the City Clerk's Office 72 hours prior to the meeting at (714) 573-3025. 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 — EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (2 cases) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE B. Paola Fuentes -Ortega, Representative of the Estate of Edwin Fuentes v. City of Tustin; City of Santa Ana; Michael Carter; Case No. 30-2019-01055803- CU-PP-CJC 4. LIABILITY CLAIMS pursuant to Government Code § 54956.95: (1 case) A. Claim No. 19-14; Claim of David Johnson REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2454 INVOCATION — Mayor Puckett PLEDGE OF ALLEGIANCE — Council Member Cooper PRESENTATIONS — o 3rd District Supervisor Donald P. Wagner o Gem of Tustin: Darin McBain o Lifesaving Recognition: Fernando Salas, Joe Ferguson and Officer Josh Lonzo CLOSED SESSION REPORT — City Attorney David E. Kendig ORAL COMMUNICATION/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. City Council May 21, 2019 Meeting Agenda Page 2 of 6 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 through 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 MAY 7, 2019. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on May 7, 2019. 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 $775,374.94 and Demands in the amount of $7,832,245.81. 4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 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. 5. SUMMARY OF PROJECTS The following report provides a summary of projects and activities from the Community Development Department to the Tustin City Council. The report focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest. City Council May 21, 2019 Meeting Agenda Page 3 of 6 Recommendation: That the City Council receive and file this item. 6. COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP) AND APPROVAL OF UPDATED OCTAP REGULATIONS The Orange County Transportation Authority (OCTA) has administered the Orange County Taxi Administration Program (OCTAP) on behalf of Orange County cities and the County of Orange since 1998. The recent enactment of taxi regulation legislation AB 1069 (Chapter 753, Statutes of 2017) requires changes to how cities regulate taxicabs. To comply with State law, it is recommended that the City enter into a new Cooperative Agreement with OCTA for the continued administration of the OCTAP program and adopt the updated OCTAP Regulations. Recommendation: 1. Authorize the City Manager to execute Cooperative Agreement No. C-8-2015 with Orange County Transportation Authority for the administration of the Orange County Taxi Administration Program (OCTAP), effective January 1, 2019 through December 31, 2020; and 2. Adopt Resolution No. 19-22, A Resolution of the City Council of the City of Tustin, California, Adopting Updated Orange County Taxi Administration Program Regulations. RESOLUTION NO. 19-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING UPDATED ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS 7. POLICE DEPARTMENT VEHICLE PURCHASE Four (4) Police Department patrol units, one (1) Police Department unmarked vehicle and five (5) Police Department motorcycles are in need of replacement. In addition, two (2) Police Department vehicles need to be added to our fleet; one (1) Police Department unmarked vehicle for Fleet Operations and one (1) Dodge Charger for the patrol fleet. The Department has determined the need to purchase three (3) Dodge Charger and two (2) Chevrolet Tahoe pursuit -rated vehicles; one (1) unmarked Chevrolet Tahoe administrative vehicle; one (1) unmarked Dodge Durango for Fleet Operations and five (5) BMW Police -packaged motorcycles. Recommendation: It is recommended the City Council authorize: 1. The purchase of two (2) 2019 Chevrolet Tahoe pursuit -rated vehicles, (1) 2020 Chevrolet Tahoe police -package vehicle, three (3) 2019 Dodge Charger pursuit -rated vehicles, and one (1) 2019 Dodge Durango police -package City Council May 21, 2019 Meeting Agenda Page 4 of 6 vehicle from the National Auto Fleet Group in the City of Alhambra in the amount of $231,674.63. 2. The purchase of five (5) 2019 BMW JR1250RT-P police motorcycles from Iry Seaver Motorcycles in Orange, California in the amount of $139,877.00 (including tax, license fees, delivery, and police equipment installation). 3. The purchase of police equipment conversion packages for the three (3) 2019 Dodger Chargers, three (3) 2019 Chevrolet Tahoe vehicles and one (1) 2019 Dodge Durango from Hi -Standard Automotive in the City of Orange, California in the amount of $73,710.21. 4. The purchase of graphic designs from Digital Magic Signs in the amount of $2,911.56. 5. The Public Works Department will dispose of the retired surplus vehicles at the next public auction, and credit the net proceeds to the applicable City Revenue Fund. 6. The appropriation of additional funds from the reserves of the equipment fund (Fund 184) in the amount of $38,173.40 to complete the purchase. REGULAR BUSINESS ITEMS 8-9 8. SET DATE FOR FISCAL YEAR 2019-2021 BIENNIAL BUDGET WORKSHOP Staff suggests that the City Council schedule a Budget Workshop for Tuesday, June 4, 2019. The draft budget will be submitted to the City Council prior to the budget workshop. Recommendation: Pleasure of the City Council. 9. AB 392 (WEBER) AND SB 230 (CABALLERO) Staff has prepared an overview of AB 392 (Weber) and SB 230 (Caballero), two bills relating to police use of force. Recommendation: That the City Council take the following positions regarding the two bills, and direct staff to communicate the positions to the State Legislature: 1. Take an OPPOSE UNLESS AMENDED position on AB 392 (Weber): Peace officers: deadly force. 2. Take a SUPPORT position on SB 230 (Caballero) Law enforcement: use of deadly force: training: policies. City Council May 21, 2019 Meeting Agenda Page 5 of 6 3. Other actions at the pleasure of the City Council. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, June 4, 2019 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council May 21, 2019 Meeting Agenda Page 6 of 6