HomeMy WebLinkAbout00 CC AGENDA 2.1.22 CITY OF TUSTIN REGULAR FEBRUARY 1, 2022
MEETING OF THE CITY COUNCIL . VIDEO CONFERENCE
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager
Ryan Gallagher, Council Member Erica N.Yasuda, City Clerk
Rebecca Gomez, Council Member David E. Kendig, City Attorney
NOTICE REGARDING PUBLIC PARTICIPATION
In light of the recent surge in the spread of COVID-19, the February 1 , 2022, meeting of the
City Council will be conducted electronically, and the public will not be able to attend in
person. Instead, the public may observe the meeting online, attend and provide real-time
comments via Zoom, and provide written comments via electronic means as described
below.
To watch the meeting, the public may observe the meeting via the City's Granicus service
at: https://www.tustinca.org/282/Meetings-Agendas or on the local Cox Channel 851 .
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1. PARTICIPATING DURING A MEETING
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ASSISTANCE DURING THE MEETING
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City Council February 1, 2022
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browser at https://zoom.us/loin, by entering the Meeting ID and Passcode below.
Meeting ID: 940 8640 1921
Passcode- 600222
Please provide your name in the Zoom application to allow the City Clerk to
identify you when it is your time to speak. We suggest installing and testing the
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Meeting ID: 940 8640 1921
Passcode- 600222
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2. PROVIDE WRITTEN COMMENTS PRIOR TO AND DURING THE MEETING
1 . Proceed to the SpeakUp comment system:
A. To submit an e-comment on an upcoming meeting agenda prior to
commencement of the meeting, go to
https://tustin.granicusideas.com/meetings?scope=upcoming and
select the agenda item.
B. To submit an e-comment on an upcoming meeting agenda during the
meeting, go to https://tustin.granicusideas.com/meetings?scope=past
and select the agenda item.
C. Follow the links to type and submit your comment(s) on one or more
items:
a. The items may be on the agenda or not on the agenda.
b. Your comments will be forwarded electronically and immediately to
the members of the City Council.
c. Comments related to a particular agenda item will only be
considered prior to the close of public comments on that item
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d. Comments on matters that are not on the agenda maybe submitted
only until the "Public Comment" portion of the agenda is concluded.
For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the
meetings for those individuals with disabilities, so the City has established a process to
request a reasonable modification or accommodation consistent with the Americans with
Disabilities Act (ADA). If you would like to request a modification or accommodation due
to a disability, please call (714) 573-3025 as soon as is feasible, and identify the need
and the requested modification or accommodation. The City's ADA Coordinator or
her designee will receive the request and communicate in response to the request.
CLOSED SESSION MEETING OF THE CITY COUNCIL
5:00 p.m.
CALL TO ORDER — #3014
ATTENDANCE — City Clerk
PUBLIC INPUT — Members of the public may offer comments in writing 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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code
54956.8]: (1 case)
A. Property Lots 11 , 12 and 13 of Tract 18197
Address/Description
Agency City of Tustin
City Council February 1, 2022
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City Negotiators Matthew S. West, City Manager & Christopher
Koster, Director of Economic Development
Negotiating Parties Mark Janda, Senior Vice President — Development,
AvalonBay Communities Inc. and Robin Hughes,
President and Chief Executive Officer, Abode
Communities
Under Negotiation Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL
6:30 P.M.
CALL TO ORDER — #3014
INVOCATION - Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Cooper
PRESENTATION — 2022 Goals
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 ITEM - 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 - 14)
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 DECEMBER 21, 2021 AND JANUARY 18, 2022.
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Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on December 21 , 2021 and January 18, 2022.
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 $886,118.54, $961 ,444.40 and $1 ,517,102.48; and Demands in the
amount of $2,102,943.94 and $2,177,806.25.
4. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS
In order for the Council to continue to have the option to meet via teleconference
during the pandemic, AB 361 requires the Council to make specified findings at least
every thirty (30) days.
Recommendation: Make the following findings by majority vote of the Council:
A. A state of emergency has been proclaimed by California's Governor
due to the COVID-19 pandemic and continues in effect; and
B. The Council has reconsidered the circumstances of the state of
emergency; and
C. State and local officials continue to recommend measures to promote
social distancing to slow the spread of COVID-19.
5. CONSIDERATION OF ADOPTION OF RESOLUTION NO. 22-02 AUTHORIZING
THE ACCEPTANCE OF ELECTRONICALLY FILED GOVERNMENT CLAIMS
AGAINST THE CITY OF TUSTIN
Authorize the acceptance of electronically filed claims against the City as authorized
by Government Code Section 915.
Recommendation: Staff recommends that the City Council adopt Resolution No.
22-02 authorizing the acceptance of electronically filed government claims against
the City of Tustin.
RESOLUTION NO. 22-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING ELECTRONIC SUBMITTAL OF CLAIMS FOR
MONEY OR DAMAGES
6. AWARD OF BID FOR THE TUSTIN FAMILY AND YOUTH CENTER COURTYARD
IMPROVEMENTS (CIP NO. 10085)
City Council February 1, 2022
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The bid opening for the Tustin Family and Youth Center Courtyard Improvements
(CIP No. 10085) was held on December 16, 2021 , with A2Z Construct Inc. as the
lowest responsive/responsible bidder.
Recommendation:
1 . Award a construction contract to A2Z Construct Inc. in the amount of$83,980
subject to the approval of contract requirements by the City Attorney and final
execution of the contract; and
2. Authorize the Mayor and the City Clerk to execute the contract documents on
behalf of the City.
7. ADOPTION OF THE 2022 INVESTMENT POLICY
The City's Investment Policy is reviewed on an annual basis for submission and
approval by the City Council. The Audit Commission reviewed the proposed changes
to the Investment Policy at the December 16, 2021 meeting and recommends that
the City Council adopt the Investment Policy for Calendar Year 2022.
Recommendation: It is recommended that the City Council adopt the City's
Investment Policy for Calendar Year 2022, which includes proposed changes to the
Investment Policy that continues to provide for safety and liquidity while achieving a
reasonable rate of return.
8. COOPERATIVE AGREEMENT NO. C-1-3255 BETWEEN ORANGE COUNTY
TRANSPORTATION AUTHORITY AND CITY OF TUSTIN FOR THE SENIOR
MOBILITY PROGRAM
The Orange County Transportation Authority (OCTA) has requested that the City of
Tustin adopt Cooperative Agreement C-1-3255 in order to continue receiving Senior
Mobility Program (SMP) funding which partially subsidizes the Senior Transportation
Program at the Tustin Area Senior Center.
Recommendation: Staff recommends that the City Council execute Cooperative
Agreement No. C-1-3255, between OCTA and the City of Tustin, thereby continuing
the Tustin Area Senior Center's participation in the Senior Mobility Program for five
(5) years through June 30, 2026, with an option to extend the term up to an additional
five (5) years through June 30, 2031 .
9. POLICE DEPARTMENT VEHICLE PURCHASE
Four marked Police Department patrol vehicles have been identified as needing to
be replaced due to excessive mileage and/or age. There is also an urgent need to
purchase a special-use vehicle to staff the Police Department Detention Officer
Program with an additional vehicle to safely transport prisoners.
Recommendation: It is recommended the City Council authorize:
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1 . The purchase of three (3) 2021 Dodge Charger pursuit-rated vehicles from the
National Auto Fleet Group in the City of Alhambra in the amount of
$108,825.36 ($36,275.12 ea.) as replacements for three of the aging, high-
mileage vehicles scheduled for replacement.
2. The purchase of police equipment conversion packages for three (3) 2021
Dodge Charger pursuit-rated vehicles in the amount of$28,682.19 ($9,560.73
ea.).
3. The purchase of graphic designs from Digital Magic Signs for three (3) 2021
Dodge Charger pursuit-rated vehicles in the amount of $2,210.43 ($736.81
ea.).
4. The purchase of one (1) 2021 Dodge Durango pursuit-rated vehicle from the
National Auto Fleet Group in the City of Alhambra in the amount of$45,298.11
as a replacement for one of the aging, high-mileage vehicles scheduled for
replacement.
5. The purchase of a police equipment conversion package for one (1) 2021
Dodge Durango pursuit-rated vehicle in the amount of $13,069.55.
6. The purchase of graphic designs from Digital Magic Signs for one (1) 2021
Dodge Durango pursuit-rated vehicle in the amount of $736.81 .
7. The purchase of one (1) additional 2021 Dodge Durango special-use
detention officer vehicle from the National Auto Fleet Group in the City of
Alhambra in the amount of$36,774.01 as a dedicated Detention Officer (D/O)
vehicle to fully staff the Police Department jailer program.
8. The purchase of a police equipment conversion package for one (1) 2021
Dodge Durango special-use detention officer vehicle in the amount of
$13,312.68.
9. The purchase of graphic designs from Digital Magic Signs for one (1) 2021
Dodge Durango special-use detention officer vehicle in the amount of
$736.81 .
10.The purchase of a WatchGuard in-vehicle audio/video recording system from
WatchGuard Video for one (1) 2021 Dodge Durango special-use detention
officer vehicle in the amount of $6,411 .36.
11 .The purchase of a Motorola Radio System from Motorola Solutions for one (1)
2021 Dodge Durango special-use detention officer vehicle in the amount of
$12,301 .81.
12.The supplemental appropriation in the amount of $54,837.78 from
unappropriated reserves of the Equipment Fund (Fund 184) to purchase one
(1) 2021 Dodge Durango special-use detention officer vehicle, and reduce FY
2022-23 appropriation for Fund 184 by $54,837.78
13.The Public Works Department to dispose of the retired surplus vehicles at the
next available public auction and credit net proceeds to the applicable City
Revenue Fund.
10. FY2020 URBAN AREA SECURITY INITIATIVE (UASI) GRANT
The City of Anaheim, in its capacity as a Core City for the Anaheim/Santa Ana Urban
Area, has applied for, received and accepted a grant entitled "FY 2020 Urban Areas
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Security Initiative" (UASI) Grant Program. This grant is from the Federal Department
of Homeland Security, Federal Emergency Management Agency, through the State
of California Office of Emergency Services. It is intended to enhance countywide
emergency preparedness, and to help the Operational Area prevent, respond to, and
recover from acts of terrorism, as set forth in the grant guidelines and assurances
that are incorporated into the Agreement by reference.
The Office of Grants and Training has awarded $5,056,750.00 to the City of Anaheim
for use in the Anaheim/Santa Ana Urban Area, for the performance term of
September 1 , 2020 through March 31 , 2023 (FY2020). In which, the grant period for
sub-recipients (City of Tustin) can be awarded through the period August 31 , 2021
to March 31 , 2023. The funds are now available for distribution throughout the
Operational Area, and the City of Tustin, as a Sub-Recipient, is authorized to
participate in the grant funding.
Recommendation: It is recommended that the City Council:
1 . Adopt Resolution 22-01, designating the Chief of Police or his designee as the
City's authorized representative for the FY 2020 UASI grant.
2. Approve the FY 2020 UASI Transfer Agreement between the City of Anaheim
and the City of Tustin.
RESOLUTION NO. 22-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY'S
AUTHORIZED REPRESENTATIVE FOR THE FY 2020 URBAN AREAS SECURITY
INITIATIVE (UASI)
11. MANAGED PRINT SERVICES
Due to the expiration of the City's lease and services agreement with Sharp Business
Systems for copiers and printers, staff issued a Request for Proposal to replace the
owned and leased multi-function devices and personal printers at various locations.
Upon completion of a thorough analysis, staff is recommending to contract with the
vendor that proposed the best solution for the City.
Recommendation: It is recommended that the City Council:
1 . Authorize the Director of Finance to execute a 60-month lease agreement with
Insight Financial Services in the amount of $270,000; and
2. Authorize the City Manager to execute a Professional Services Agreement
with Sharp Business Systems for a 60-month print management program for
supplies and maintenance of multifunction copiers, printers, scanners in an
amount of $268,000.
12. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
City Council February 1, 2022
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This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
Quarterly Report for the third quarter of 2021 . The average noise level measured at
Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin Middle School on
Beneta Way (Figure 1), remained consistent with prior quarters. Average daily noise
levels during the third quarter continued to remain well below the City, County, and
State criteria of 65 decibels (dB) Community Noise Equivalent Level (CNEL) for
residential uses. Residential noise sensitive areas exposed to an average
Community Noise Equivalent Level (CNEL) of more than 65 dB define the "Noise
Impact Area."
Recommendation: That the City Council receive and file this report.
13. APPROVE RESOLUTION 22-03 AUTHORIZING THE SUBMITTAL OF
APPLICATIONS FOR CALRECYCLE GRANT AND PAYMENT PROGRAMS AND
RELATED AUTHORIZATIONS
The City applies for various grant and payment programs offered by the Department
of Resources Recycling and Recovery (CalRecycle). As part of the application
process for these programs, CalReCycle requires a resolution authorizing submittal
of the application. The attached resolution authorizes the City Manager to submit
applications for CalRecycle grant and payment programs for a period of five (5)
years.
Recommendation: That the City Council approve Resolution 22-03 authorizing the
submittal of grant and payment program applications to CalRecycle.
RESOLUTION NO. 22-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING SUBMITTAL OF APPLICATION FOR ALL ELIGIBLE GRANT AND
PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS
14. RESOLUTION DECLARING ASSESSORS PARCEL NUMBER (APN) 500-071-12
EXEMPT FROM THE REVISED SURPLUS LAND ACT
Resolution 22-04 will declare APN 500-071-12 exempt from the revised Surplus Land
Act (SLA) pursuant to California Government Code Sections 54221(f)(1)(A) and
54234 and the Final Surplus Land Act Guidelines Sections 103(b)(1)(A) and
103(b)(3)(A).
Recommendation: It is recommended that the City Council take the following
actions:
1 . Adopt Resolution 22-04: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
COMPRISED OF ASSESSORS PARCEL NUMBER 500-071-12 EXEMPT
FROM THE REVISED SURPLUS LAND ACT PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTIONS 54221(f)(1)(A) AND 54234 AND THE
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FINAL SURPLUS LAND ACT GUIDELINES SECTIONS 103(b)(1)(A) AND
103(b)(3)(A).
2. Authorize the City Manager to sign and direct staff to submit the appropriate
documentation to the California Department of Housing and Community
Development in connection with the Resolution.
RESOLUTION NO. 22-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS
PARCEL NUMBER 500-071-12 EXEMPT FROM THE REVISED SURPLUS LAND
ACT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS
54221(f)(1)(A) AND 54234 AND THE FINAL SURPLUS LAND ACT GUIDELINES
SECTIONS 103(b)(1)(A) and 103(b)(3)(A).
PUBLIC HEARING ITEM 15
15. DEVELOPMENT AGREEMENT (DA) 2021-0003 (FIRST AMENDMENT TO
TUSTIN LEGACY CORNERSTONE I DEVELOPMENT AGREEMENT)
This project is the first amendment to the original development agreement (DA) for
the Tustin Legacy Cornerstone I development project (DA 2016-0001) located at the
northwest corner of Armstrong Avenue and Barranca Parkway, as shown in
Attachment A. The amendment would terminate the Original DA as to Phase 1 and
the Phase 1 Parcel, and modify certain provisions of the Phase 2 development
consistent with the 3rd Amendment to the Disposition and Development Agreement
(DDA) approved by the City Council on December 1 , 2020. No construction is
proposed in conjunction with this project. On December 14, 2021 , the Planning
Commission adopted Resolution No. 4443, recommending that the City Council
adopt Ordinance 1520, approving DA 2021-0003 as an amendment to the original
DA as described above.
APPLICANT: Flight Phase I Owner PROPERTY City of Tustin
c/o Lincoln Property Co OWNER: 300 Centennial Way
19600 Fairchild, Suite 300 Tustin, CA 92780
Irvine, CA 92612
Recommendation: That the City Council:
1. Introduce and have first reading, by title only, of Ordinance No. 1520 approving
DA 2021-0003, the first amendment to the Original DA to terminate Phase 1
and the Phase 1 Parcel from the DA and to modify certain provisions of the
Phase 2 development consistent with the 3rd Amendment to the Disposition
and Development Agreement (DDA) approved by the City Council on
December 1 , 2020; and,
2. Set a second reading at the next City Council meeting.
City Council February 1, 2022
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ORDINANCE NO. 1520
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING
DEVELOPMENT AGREEMENT (DA) 2021-0003 BETWEEN THE CITY OF TUSTIN
AND FLIGHT PHASE I OWNER, LLC. TO ALLOW AN AMENDMENT TO THE
TUSTIN LEGACY CORNERSTONE DEVELOPMENT AGREEMENT (DA 2016-0001)
FOR THE CREATIVE OFFICE CAMPUS DEVELOPMENT KNOWN AS "THE FLIGHT
AT TUSTIN LEGACY" LOCATED WITHIN A PORTION OF PLANNING AREA 9-12
OF THE TUSTIN LEGACY SPECIFIC PLAN (SP-1)
ENVIRONMENTAL REVIEW:
The proposed DA 2021-0003 includes changes in text within the document and will not
result in any physical changes to or significant effects on the environment. There is no
construction planned with the amendment. Pursuant to Section 15061 (b)(3) of the
Guidelines for California Environmental Quality Act (CEQA), this activity is covered by
the common-sense exemption where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment.
As a result, this activity is not subject to CEQA.
REGULAR BUSINESS ITEMS 16-17
16. AMENDMENT NO. 1 TO CITY MANAGER EMPLOYMENT AGREEMENT
Following the conclusion of negotiations with City Manager Matthew S. West, the City
Council will consider approval of Amendment No. 1 to his Employment Agreement.
Recommendation: Approve Amendment No. 1 to the Employment Agreement with
City Manager Matthew S. West in the form attached as Exhibit 2.
17. LEGISLATIVE UPDATE
Recap of 2021 Legislative activities by the City's advocacy consultant Townsend
Public Affairs (TPA), consideration of 2022 Legislative Platform and updates on
legislative activity at the state and federal level.
Recommendation:
1 . Receive presentation on 2021 Legislative recap by TPA
2. Adopt 2022 Legislative Platform
3. Receive and file legislative update prepared by TPA
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, February 15, 2022 for the
Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m.
City Council February 1, 2022
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