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Home My WebLink About00 CC AGENDA 7.18.23CITY OF TUSTIN REGULAR JULY 18, 2023 MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Letitia Clark, Mayor Pro Tern 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 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. When prompted use the below Meeting ID and Passcode: City Council July 18, 2023 Meeting Agenda Page 1 of 9 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 July 18, 2023 Meeting Agenda Page 2 of 9 CLOSED SESSION MEETING OF THE CITY COUNCIL AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY 5:30 P.M. CALL TO ORDER — #3042 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): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. LABOR NEGOTIATIONS — [Government Code § 54957.61 Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Tustin Police Support Services Management Association (TPSSMA) Organization: Employee Tustin Police Support Service Association (TPSSA) Organization: 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property Address/Description APN 430-481-02, 430-481-03, 430-481-04, 430-481- 05 Agency City of Tustin City Negotiators Matthew S. West, City Manager and Christopher City Council July 18, 2023 Meeting Agenda Page 3 of 9 Koster, Director of Economic Development Negotiating Parties Mark Janda, Senior Vice President — Development, AvalonBay Communities Inc. and Lara Regus, Senior Vice President, Development, Abode Communities Under Negotiation Price and Terms of Payment 5. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] Title: City Manager 6. LIABILITY CLAIMS — [Government Code § 54956.951: (10 cases) A. Claim No. 23-25, Claim of Thomas Conroy OBO A.R. B. Claim No. 23-26, Claim of Thomas Conroy OBO Z.R. C. Claim No. 23-27, Claim of Thomas Conroy OBO C.H. D. Claim No. 23-28, Claim of Thomas Conroy OBO Nazanin Zand E. Claim No. 23-29, Claim of Thomas Conroy OBO Yasamin Zand F. Claim No. 23-30, Claim of Thomas Conroy OBO N.R. G. Claim No. 23-34, Claim of Law Offices of Dale K. Galipo OBO the Estate of Clemente de Jesus Garay Mejia Alvarado H. Claim No. 23-35, Claim of Law Offices of Dale K. Galipo OBO Olga Griselda Alvarado de Garay I. Claim No. 23-36, Claim of Law Offices of Dale K. Galipo OBO Carolina Yasmin Garay Alvarado J. Claim No. 23-37, Claim of Law Offices of Dale K. Galipo OBO Mercedes Jeanneth Garay Alvarado City Council July 18, 2023 Meeting Agenda Page 4 of 9 REGULAR MEETING OF THE CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER - #3042 INVOCATION - Deacon Bill Weeks, St. Cecilia Church PLEDGE OF ALLEGIANCE - Mayor Austin Lumbard PRESENTATION - Drowning Prevention Awareness Proclamation 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 - 10) 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 JUNE 20, 2023 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on June 20, 2023. 3. RATIFICATION OF PAYROLL AND DEMANDS City Council July 18, 2023 Meeting Agenda Page 5 of 9 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 $997,502.26 and $954,652.49 and Demands in the amount of $6,073,108.09. 4. LEGISLATIVE UPDATE Staff and the City's consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity. Recommendation: 1. Receive and file the updated legislative matrix as of July 7. 2. Receive and file legislative updates prepared by TPA. 5. DIRECTION TO RETURN WITH OPTIONS FOR UPDATING TERM LIMIT ORDINANCE Provide direction regarding when staff should return to the City Council with options for revisions to the existing limitations on City Council terms in office in light of the City's transition to by -district elections of four Council Members and the separate, directly elected office of the Mayor. Recommendation: Direct staff to return to the City Council with a staff report presenting options for potential amendments to City Council term limits such that the proposed amendments could be presented to Tustin voters at the General Election on November 5, 2024. 6. ADOPT RESOLUTION NO. 23-37 TO ACCEPT IMPROVEMENTS FOR THE TUSTIN LEGACY NEIGHBORHOOD "D" SOUTH PHASE 1 INFRASTRUCTURE BACKBONE (CIP NO. 70246) AND NON -BACKBONE (CIP NO. 70250) CONSTRUCTION PROJECT, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Tustin -Legacy Neighborhood "D" South Phase 1 Infrastructure Backbone (CIP No. 70246) and Non -Backbone (CIP No. 70250) Construction Project has been completed by R.J. Noble Company to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that the City Council take the following actions: City Council July 18, 2023 Meeting Agenda Page 6 of 9 Adopt Resolution No. 23-37 accepting the construction of the Tustin -Legacy Neighborhood "D" South Phase 1 Infrastructure Backbone (CIP No. 70246) and Non- Backbone (CIP No. 70250) Construction Project, and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 23-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE TUSTIN LEGACY NEIGHBORHOOD "D" SOUTH PHASE 1 INFRASTRUCTURE BACKBONE (CIP NO. 70246) AND NON -BACKBONE (CIP NO. 70250) CONSTRUCTION PROJECT 7. PINE TREE PARK RESTROOM WALL MURAL PUBLIC ART PROJECT At their June 14, 2023, Special Meeting, the Public Art Commission selected a design for the Pine Tree Park Restroom Wall Mural to recommend to the City Council for final approval. Recommendation: It is recommended that the City Council adopt Resolution 23-38 approving the wall mural design, submitted by artist Laura Burris, to be installed on the exterior restroom wall at Pine Tree Park and authorize the Parks and Recreation Department to execute an agreement with the artist. RESOLUTION NO. 23-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ARTWORK FOR THE PINE TREE PARK MURAL AS RECOMMENDED BY THE PUBLIC ART COMMISSION AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE ARTIST 8. AUTHORIZATION TO PURCHASE ONE STANDBY GENERATOR, ONE FORKLIFT, AND TWO VEHICLES, ALONG WITH DECLARATION OF SURPLUS EQUIPMENT FOR PUBLIC AUCTION Staff is requesting City Council authorization to purchase one (1) standby generator, one (1) forklift, and two (2) utility vehicles. In addition, the City Council is requested to declare certain City equipment surplus in accordance with Section 1630a (2) of the Tustin City Code and authorize their sale at public auction. Recommendation: It is recommended that the City Council: Adopt Resolution No. 23-39 authorizing the purchase of one (1) standby generator from Sourcewell contract number 092222-KOH Bay City Electric. 2. Adopt Resolution No. 23-40 authorizing the purchase of one (1) replacement forklift from State Contract number 1-19-39-01 B Cromer Equipment. City Council July 18, 2023 Meeting Agenda Page 7 of 9 3. Authorize the purchase of two (2) equipped 2024 Chevrolet 2500 utility bed trucks for Public Works Operations from Quality Chevrolet Escondido. 4. Declare, in accordance with the Tustin City Code - Section 1630a (2), the attached itemized list of equipment as surplus and not required for public use and authorize the sale at the next available public auction, crediting net proceeds to applicable City revenue fund. RESOLUTION NO. 23-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING SOURCEWELL TO PURCHASE CERTAIN ITEMS RESOLUTION NO. 23-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES TO PURCHASE CERTAIN ITEMS 9. MOBILE ALPR CAMERA SUBSCRIPTION The City of Tustin's Parking Permit Program exists to safeguard on -street parking availability for residents and their guests. The current permit parking policy is intended to mitigate parking intrusions that may impact the quality of life or public safety in residential neighborhoods throughout the City. Recently, an effort has been made to modernize and streamline the permit parking program, as well as create an efficient, adaptable system that can be easily updated and adjusted as the program expands. On June 6, 2023, City Council approved the Parking Action Plan. However, no funds were appropriated at that time nor were included in the Fiscal Year 2023-2024 budget to complete the purchase of the required equipment. Recommendation: It is recommended that the City Council authorize: 1. A mobile ALPR subscription for three (3) 3-camera high -definition ALPR camera systems, the associated mounting hardware, extended warranties (years two through five), parking integration, and hosting package; and 2. A supplemental appropriation in the amount of $33,000 from unappropriated reserves of the General Fund (Fund 100). 10. DESIGNATION OF VOTING DELEGATES AND ALTERNATES — LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SCHEDULED FOR SEPTEMBER 20-23, 2023 (SACRAMENTO) In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. City Council July 18, 2023 Meeting Agenda Page 8 of 9 Recommendation: It is recommended that the City Council designate the following: o Voting Delegate: Council Member Gomez o Alternate: Council Member Schnell OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, August 1, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. City Council July 18, 2023 Meeting Agenda Page 9 of 9