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HomeMy WebLinkAbout00 CC AGENDA 2.21.23City Council February 21, 2023 Meeting Agenda Page 1 of 8 NOTICE REGARDING PUBLIC PARTICIPATION To watch the meeting, the public may observe the meeting in person in the Council Chamber or via the City’s Granicus service at: https://www.tustinca.org/282/Meetings-Agendas or on the local Cox Channel 851. To participate and/or comment on one or more items, do the following: 1. PARTICIPATING DURING A MEETING Community members who wish to address the City Council during a public meeting may attend the meeting in person or join through Zoom. By joining the meeting through Zoom, you will be able to speak but your video will not be enabled. Please see further instructions below. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER OR SMART DEVICE Community members may provide live public comments via Zoom during City Council meetings. To join the meeting, click here and use the passcode below. You can also join via the Zoom app on your smartphone or tablet, or in a web browser at https://zoom.us/join, 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 Zoom software on your device prior to the commencement of the meeting. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE To join to the Zoom web conference from any phone (landline or wireless), dial 669-900-6833. CITY OF TUSTIN REGULAR FEBRUARY 21, 2023 MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY,TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Letitia Clark, Mayor Pro Tem Ryan Gallagher, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager Rebecca Gomez, Council Member Erica N. Yasuda, City Clerk Ray Schnell, Council Member David E. Kendig, City Attorney City Council February 21, 2023 Meeting Agenda Page 2 of 8 When prompted use the below Meeting ID and Passcode: Meeting ID: 940 8640 1921 Passcode: 600222 The City Clerk will identify you by the last 4 digits of your phone when it is your time to speak. When requested by the City Clerk, call-in users can unmute and mute their phones by pressing *6. Call-in users can raise their hand by pressing *9 but may not lower their hand once raised. 2. PROVIDE WRITTEN COMMENTS THROUGH THE E-COMMENT SYSTEM 1. Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda go to https://tustin.granicusideas.com/meetings?scope=upcoming and select the agenda item. B. 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 d. Comments on matters that are not on the agenda may be 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. Items Distributed To The City Council Less Than 72 Hours Prior To Meeting: Pursuant to Government Code section 54957.5, non-exempt public records that relate to one or more open session agenda items and that are distributed to a majority of the City Council less than seventy-two (72) hours prior to the meeting will be available for public inspection on the electronic posting board located at 300 Centennial Way, Tustin, CA 92780. City Council February 21, 2023 Meeting Agenda Page 3 of 8 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3035 ATTENDANCE – 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): (1 case) 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2) and (e)(5): (1 case) 3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3035 INVOCATION – Fr. Khoi, St. Cecilia Church PLEDGE OF ALLEGIANCE – Council Member Gomez PUBLIC INPUT – At this time, any member of the public may address the Council on City Council February 21, 2023 Meeting Agenda Page 4 of 8 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 - 9) 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 FEBRUARY 7, 2023. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 7, 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. Recommendation: It is recommended that the City Council approve Payroll in the amount of $918,853.62 and Demands in the amount of $1,602,098.64. 4. COUNCIL AND COMMISSION TELECONFERENCING Consider authorizing individual Council members and members of the City’s Commissions to use teleconferencing consistent with the amended requirements of the Brown Act. Recommendation: 1. Authorize the use by members of the City Council and City Commissions of teleconferencing in accordance with the Ralph M. Brown Act; and 2. Authorize each City Commission the option to disallow teleconferencing by majority vote of that Commission. City Council February 21, 2023 Meeting Agenda Page 5 of 8 5. FISCAL YEAR 2021-2022 AUDIT REPORTS The financial statement audit for the 2021-2022 fiscal year has been completed by Davis Farr LLP, which reflects an "unmodified", or clean opinion that the City's financial statements for the fiscal year are presented fairly. Jennifer Farr, the audit partner from Davis Farr LLP discussed the results of the audit with the Audit Commission on January 26, 2023. Recommendation: It is recommended that the City Council receive and file the fiscal year 2021-2022 audit reports. 6. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING DECEMBER 31, 2022 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. 7. POLICE DEPARTMENT VEHICLE PURCHASE On January 16, 2023, Patrol Unit 3409 was involved in a traffic collision. The vehicle was inspected by our insurance adjuster and the at-fault driver's insurance adjuster. The vehicle was deemed to be a total loss as a result of the collision and needs to be replaced. Recommendation: It is recommended the City Council authorize: 1. The purchase of one (1) 2022 Dodge Durango pursuit-rated vehicle from the National Auto Fleet Group in the City of Alhambra in the amount of $49,851.76, as a replacement for one (1) total loss Dodge Charger. 2. The purchase of a police equipment conversion package for one (1) 2022 Dodge Durango pursuit-rated vehicle in the amount of $16,429.75. 3. The purchase of graphic designs from Digital Magic Signs for one (1) 2022 Dodge Durango pursuit-rated vehicle in the amount of $704.49. 4. The purchase of a Lakeman Chassis battery box for one (1) 2022 Dodge Durango pursuit-rated vehicle in the amount of $187.61. City Council February 21, 2023 Meeting Agenda Page 6 of 8 5. The purchase of a duty gear and electronics box from Innovative Emergency Equipment for one (1) 2022 Dodge Durango pursuit rated vehicle in the amount of $4,853.63. 6. The Public Works Department to dispose of the total loss vehicle at the direction of the insurance company. If there are any proceeds as a result of the disposal, credit the net proceeds to the applicable City Revenue Fund. 7. An appropriation from the Vehicle Replacement Fund in the amount of $72,027.24 for the purchase and conversion of the 2022 Dodge Durango. The Vehicle Replacement Fund will be reimbursed for the purchase upon collection of any funds from the insurance claim. 8. AWARD CONTRACT FOR THE ALLEY GROVE PROMENADE PROJECT, CIP NO. 20084 Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Alley Grove Promenade Project in Tustin Legacy, CIP No. 20084, Brightview Landscape Development, Inc. ("Brightview"). Recommendation: It is recommended that the City Council: 1. Deny the bid protest submitted by Marina Landscape, Inc. ("Marina") as to Brightview; 2. Waive inconsequential bid deviations in the bid of Brightview, award a construction contract in the amount of $3,437,030.44, for the Alley Grove Promenade Project, CIP No. 20084 to Brightview as the lowest responsive and responsible bidder, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and 3. Appropriate $884,700 from Land Sale Proceeds Fund (Fund 189) to fully fund the project. 9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1534 ADDING PART 8 TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATED TO THE ESTABLISHMENT OF A PUBLIC ART COMMISSION Adoption of Ordinance No. 1534 amends the Tustin City Code by adding Part 8 to Chapter 5 of Article 1 of the Tustin City Code establishing the Public Art Commission. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1534. ORDINANCE NO. 1534 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADDING PART 8 TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATED TO THE ESTABLISHMENT OF A PUBLIC ART COMMISSION City Council February 21, 2023 Meeting Agenda Page 7 of 8 REGULAR BUSINESS ITEMS 10-11 10. MID-YEAR BUDGET REVIEW FOR FISCAL YEAR 2022-2023 This report provides the City Council with a Mid-Year Budget Review of Fiscal Year 2022-2023, which projects General Fund operating revenues to be $2.2 million higher than the adopted budget and General Fund operating expenditures to be $2.1 million higher than the amended budget; and projects General Fund Reserves of $27 million at June 30, 2023 (or 30% of General Fund operating expenditures) which exceeds the City Council's reserve policy of 15% to 20%. Recommendation: Staff recommends that the City Council: 1. Authorize an increase to the amended budget for General Fund revenues by $2,166,700 based on projected amounts reflected within this report; 2. Authorize an increase to General Fund appropriations for City Clerk's Office ($22,307), Public Works ($279,541), and Non-Departmental ($2,585,704); 3. Authorize staffing changes to the Position Control List and approve Resolution 23-09, establishing classifications and salary ranges for Assistant Plan Check Engineer, Associate Plan Check Engineer, Equipment Mechanic Leadworker, and Water Treatment Leadworker; 4. Authorize supplemental appropriations of $438,100 from unappropriated reserves of the Gas Tax Fund (Fund 130) for plant material rehabilitation, contract engineering, and contract signal operation support; 5. Authorize supplemental appropriations of $62,000 from unappropriated reserves of the Street Lighting District Fund (Fund 142) for increased energy costs and new signals; 6. Authorize an increase of $114,000 to the state grant revenue budget in the Solid Waste Fund (Fund 171) and ·supplemental appropriations of $215,000 from the same fund for costs related to implementing State Grant Senate Bill (SB) 1383 Reduction of Organic Waste; 7. Authorize supplemental appropriations of $32,000 in the Special Events Fund (Fund 180) for increased recreation services; 8. Authorize supplemental appropriations of $3,023,000 from unappropriated reserves of the Water Enterprise Fund (Fund 300) for Beneta Well construction costs, Pasadena Well equipment replacement, and increased water purchase costs; 9. Authorize supplemental appropriations of $482,000 in the Water Capital Fund (Fund 301) for Edinger Well maintenance, analysis, and engineering services; City Council February 21, 2023 Meeting Agenda Page 8 of 8 10. Authorize supplemental appropriations of $288,500 in the Special Tax B Fund (Fund 442) for a projected increase in special tax transferred to the General Fund for public services at the Tustin Legacy area; and 11. Authorize supplemental appropriations for capital projects outlined within this report. RESOLUTION NO. 23-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPDATING THE CITYWIDE SALARY SCHEDULE AND THE POSITION CONTROL SCHEDULE 11. PARKS & RECREATION DEPARTMENT ANNUAL REPORT 2022 The Parks & Recreation Department’s Annual Report summarizes the Department’s activities throughout 2022. Recommendation: Receive and file. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, March 7, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.