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HomeMy WebLinkAbout00 CC AGENDA 8.15.23City Council August 15, 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. When prompted use the below Meeting ID and Passcode: CITY OF TUSTIN REGULAR AUGUST 15, 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 August 15, 2023 Meeting Agenda Page 2 of 8 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 August 15, 2023 Meeting Agenda Page 3 of 8 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3043 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): (1 case) 3. LABOR NEGOTIATIONS – [Government Code § 54957.6] Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Police Support Services Management Association (TPSSMA) Employee Organization: Tustin Police Support Service Association (TPSSA) 4. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] Title: City Manager 5. LIABILITY CLAIMS – [Government Code § 54956.95]: (2 cases) A. Claim No. 23-33, Claim of Duque OBO Steven Escamilla B. Claim No. 23-41, Claim of Thuy Hoang City Council August 15, 2023 Meeting Agenda Page 4 of 8 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3043 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion 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 - 12) 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 JULY 18, 2023 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on July 18, 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. City Council August 15, 2023 Meeting Agenda Page 5 of 8 Recommendation: It is recommended that the City Council approve Payroll in the amount of $1,034,154.75 and $1,154,092.58 and Demands in the amount of $7,957,639.54. 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 August 4. 2. Receive and file legislative updates prepared by TPA. 5. NOTICE OF COMPLETION FOR THE PINE TREE PARK IMPROVEMENTS PROJECT (CIP No. 20087) Construction for the Pine Tree Park improvements Project (CIP No. 20087) has been substantially completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 23-44 accepting the Pine Tree Park Improvements Project (CIP No. 20087); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 23-44 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 PINE TREE PARK IMPROVEMENTS (CIP 20087) 6. AUTHORIZATION TO PURCHASE FIVE VEHICLES Staff is requesting City Council authorization to purchase one (1) 1500 crew/cab vehicle, two (2) 3500 flatbed vehicles, and two (2) Toyota Prius Prime Hybrids. Recommendation: It is recommended that the City Council: 1. Authorize the purchase of one (1) equipped 2023 Chevrolet 1500 crew/cab truck from Quality Chevrolet Escondido. 2. Adopt Resolution No. 23-42 authorizing the purchase of two (2) Chevrolet 3500 Flatbeds from Elk Grove Auto /Winner Chevrolet and two (2) Toyota Prius Hybrids from Freeway Toyota. City Council August 15, 2023 Meeting Agenda Page 6 of 8 3. Appropriate $72,082.02 from the AB 2766 Motor Vehicle Subvention Program Fund (Fund 133) for the purchase of two (2) Toyota Prius'. RESOLUTION NO. 23-42 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 7. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING JUNE 30, 2023 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. 8. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE PIONEER ROAD PARK PLAYGROUND RENOVATION (CIP NO. 20092) The Pioneer Road Park Playground Renovation has been completed and the project is ready to accept and file the Notice of Completion. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 23-43 accepting the Pioneer Road Park Playground Renovation (CIP No. 20092), and 2. Authorize the City Clerk to file the Notice of Completion with the County Recorder’s office. RESOLUTION NO. 23-43 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 PIONEER ROAD PARK PLAYGROUND RENOVATION (CIP NO. 20092) 9. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE TUSTIN-LEGACY NEIGHBORHOOD “D” SOUTH PHASE 2 INFRASTRUCTURE (CIP NO. 70256) CONSTRUCTION PROJECT – PACKAGE #1 AND THE CIVIL PORTION OF THE WORK FOR THE SOUTH HANGAR RENOVATION (CIP NO. 10076) The plans and specifications for the Tustin-Legacy Neighborhood "D" South Phase 2 Infrastructure (CIP No. 70256) Construction Project - Package #1 and the civil City Council August 15, 2023 Meeting Agenda Page 7 of 8 portion of the work for South Hangar Renovation (CIP No. 10076) have been substantially completed pending final approval by the City Engineer. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 23-41 approving the plans and specifications for the Tustin-Legacy Neighborhood "D" South Phase 2 Infrastructure (CIP No. 70256) Construction Project - Package #1 and the civil portion of the work for the South Hangar Renovation (CIP No. 10076); and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 23-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN-LEGACY NEIGHBORHOOD “D” SOUTH PHASE 2 INFRASTRUCTURE (CIP NO. 70256) CONSTRUCTION PROJECT – PACKAGE #1 AND THE CIVIL PORTION OF THE WORK FOR THE SOUTH HANGAR RENOVATION (CIP NO. 10076) AND AUTHORIZING ADVERTISEMENT FOR BIDS 10. REJECTION OF ALL BIDS FOR THE SOUTH HANGAR RENOVATION (CIP NO. 10076) Staff is recommending that the City Council reject both bid proposals received on July 11, 2023 for the South Hangar Renovation, CIP No. 10076. The City received only two (2) bids for this project, both higher than the engineer's estimate, with the lowest being approximately 13.7% over the engineer's estimate. In addition, staff has determined that adding the limited civil work to the Neighborhood D South Phase 2 - Package #1 bid set would allow the City to require a Class B contractor's license instead of a Class A license, and further to split the structural work from the electrical work, both in an attempt to provide flexibility for a determination of its approach to get more bidders and more competitive bid numbers. Recommendation: It is recommended that the City Council reject the two (2) bids received on the South Hangar Renovation, CIP No. 10076 and direct the City Clerk to return all bid bonds. 11. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED "WELCOME TO THE NEIGHBORHOOD" On June 12, 2023, the Orange County Grand Jury (Grand Jury) released a report entitled "Welcome to the Neighborhood" discussing group homes which provide services including, but not limited to, substance recovery, hospice care, residential care for the elderly, and sober living environments. California Penal Code Section 933 requires the governing body of any public agency to comment on the findings and recommendations no later than 90 days after the release of the report (by September 13, 2023). The City Council response is included herein as Attachment 2. City Council August 15, 2023 Meeting Agenda Page 8 of 8 Recommendation: It is recommended that the City Council approve the attached response to the Orange County Grand Jury, authorize the Mayor to sign the letter on behalf of the City Council, and direct the City Clerk to submit the response by September 13, 2023. 12. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED GIMME SHELTER AND A POUND OF ADVICE, “THE STATE OF ANIMAL WELFARE OVERSEEN BY THE COUNTY OF ORANGE” On June 2, 2023, the Orange County Grand Jury (Grand Jury) released a report entitled “Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange”. California Penal Code Section 933 requires the governing body of any public agency to comment on the findings and recommendations no later than 90 days after the release of the report (by September 1, 2023). The proposed City Council response is included herein as Attachment 2. Recommendation: It is recommended that the City Council approve the attached response to the Orange County Grand Jury, authorize the Mayor to sign the letter on behalf of the City Council, and direct the City Clerk to submit the response by September 1, 2023. REGULAR BUSINESS ITEM 13 13.SUMMARY OF PROJECTS Staff will present the summary of projects and activities from the Community Development and Public Works Departments. The presentation will focus on the status of projects that the Planning Commission, City Council, Zoning Administrator, or staff approved; historic preservation projects; Code Enforcement activities; major construction and improvement projects; and other items of interest. Recommendation: Receive and file. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, September 5, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.