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Home My WebLink AboutCC MINUTES 07.18.23City Council July 18, 2023 Meeting Minutes Page 1 of 10 MINUTES OF THE 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 at 5:30 p.m. ROLL CALL – City Clerk Present: Mayor Austin Lumbard, Mayor Pro Tem Letitia Clark, and Council Members Ryan Gallagher and Rebecca Gomez Absent: Council Member Ray Schnell (arrived at 5:31 p.m.) City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager PUBLIC INPUT – None CLOSED SESSION UPDATE – City Attorney David E. Kendig: The Council will convene to discuss Items 1, 3, 4, 5, 6 as they appear on the agenda, including conference with its labor negotiators Derick Yasuda and Peter Brown. 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 CITY OF TUSTIN REGULAR JULY 18, 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 DocuSign Envelope ID: 55046615-82A8-4886-AFDC-09DB7C0BC23A City Council July 18, 2023 Meeting Minutes Page 2 of 10 of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) 5. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] Title: City Manager 6. LIABILITY CLAIMS – [Government Code § 54956.95]: (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 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 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 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 DocuSign Envelope ID: 55046615-82A8-4886-AFDC-09DB7C0BC23A City Council July 18, 2023 Meeting Minutes Page 3 of 10 J. Claim No. 23-37, Claim of Law Offices of Dale K. Galipo OBO Mercedes Jeanneth Garay Alvarado Recessed at 5:31 p.m. MINUTES REGULAR MEETING OF THE CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER – #3042 at 7:09 p.m. INVOCATION - Deacon Bill Weeks, St. Cecilia Church PLEDGE OF ALLEGIANCE – Mayor Austin Lumbard PRESENTATION – Mayor Lumbard presented a Proclamation to Orange County Fire Authority Chief Octavio Medina in recognition of Drowning Prevention Awareness. PUBLIC INPUT – 1. Rachel Mashburn, Director of Pharmacy, City of Hope 2. Bob Collar 3. Julio Tirado-Valencia 4. Ramon Rodriquez 5. Steve Urkel CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council unanimously denied Claims 23-25, 23-26, 23-27, 23-28, 23-29, 23-30, 23-34, 23-35, 23-36, and 23-37. The Council will reconvene after open session. CONSENT CALENDAR ITEMS 1-10 – Council Member Gomez requested to pull Item No. 9. Public Input – John Garay It was moved by Mayor Pro Tem Clark and seconded by Council Member Gallagher to pull Item No. 9 and approve the balance of the Consent Calendar. DocuSign Envelope ID: 55046615-82A8-4886-AFDC-09DB7C0BC23A City Council July 18, 2023 Meeting Minutes Page 4 of 10 Roll Call – City Clerk Motion carried: 5-0 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Motion: The City Council waived reading in full of all ordinances and resolutions on the agenda and declared 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 Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on June 20, 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. Motion: The City Council approved 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. Motion: 1. Received and filed the updated legislative matrix as of July 7. 2. Received and filed 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. Motion: Directed 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 DocuSign Envelope ID: 55046615-82A8-4886-AFDC-09DB7C0BC23A City Council July 18, 2023 Meeting Minutes Page 5 of 10 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. Motion: The City Council took the following actions: 1. Adopted 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. Authorized 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. Motion: The City Council adopted 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 authorized 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 DocuSign Envelope ID: 55046615-82A8-4886-AFDC-09DB7C0BC23A City Council July 18, 2023 Meeting Minutes Page 6 of 10 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. Motion: The City Council: 1. Adopted Resolution No. 23-39 authorizing the purchase of one (1) standby generator from Sourcewell contract number 092222-KOH Bay City Electric. 2. Adopted Resolution No. 23-40 authorizing the purchase of one (1) replacement forklift from State Contract number 1-19-39-01 B Cromer Equipment. 3. Authorized the purchase of two (2) equipped 2024 Chevrolet 2500 utility bed trucks for Public Works Operations from Quality Chevrolet Escondido. 4. Declared, 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 authorized 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. DocuSign Envelope ID: 55046615-82A8-4886-AFDC-09DB7C0BC23A City Council July 18, 2023 Meeting Minutes Page 7 of 10 It was moved by Council Member Gomez and seconded by Mayor Lumbard to 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). Roll Call – City Clerk Motion carried: 5-0 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. Motion: The City Council designated the following: o Voting Delegate: Council Member Gomez o Alternate: Council Member Schnell COUNCIL MEMBER COMMENTS AND REPORTS Council Member Schnell June 21 Attended the Citizen Academy Graduation event; stated is a program for citizens to learn about each department and what staff does. Thanked the graduates, City Clerk, Erica Yasuda, City Manager, Matthew S. West, and Assistant City Manager, Nicole Bernard, for their hard work and effort into program. Council Member Gomez June 21 • Attended the Tustin Effective Apartment Managers (TEAM) Luncheon event; reported speaker from CR&R discussed recycling and composting in multi-family units and the challenges that they are having. DocuSign Envelope ID: 55046615-82A8-4886-AFDC-09DB7C0BC23A City Council July 18, 2023 Meeting Minutes Page 8 of 10 • Attended the Citizen Academy Graduation event; thanked the participants for their commitment and for being advocates for city policy; thanked the departments that participated; stated received good feedback from graduates, they enjoyed it and were appreciative of everybody’s time. July 2 Volunteered at the Tustin Meadows Annual Pancake Breakfast event. July 4 • Participated in Tustin Meadows Annual 4th of July Parade event; reported the Mayor and Council Members were in attendance except for Council Member Schnell; was a fun event. • Attended the 4th of July Celebration and Fireworks Show at Tustin High School; thanked the Parks and Recreation Department for a great event; stated this event brought out the community. June 13 • Attended the Tustin Senior Advisory Board meeting; reported the following items: o Senior Advisory Board swore in new board members. o Announced the Senior Center will be closed for maintenance week starting on August 28th through September 4th. o Reported there was a discussion for plans for the Board Retreat in October. o Mentioned congregate meals continue to improve, there was a decline during pandemic; reported one hundred fifty (150) people registered for the Father’s Day Luncheon. o Announced Community Yard Sale on September 9th at the Senior Center. o Reported that the focus going forward will be on conducting more outreach to seniors and to adult children of seniors to inform them of Senior Center activities. o Announced a webinar To Protect Yourself From A.I. and Crypto Scams sponsored by California Assemblywoman, Cottie Petrie-Norris office will be held tomorrow, July 19th, at 6:30 PM; more information can be found on the website: https://a73.asmdc.org/sites/a73.asmdc.org/files/202306/AD73%20Crypto%20Sc am%20flyer.jpg Council Member Gallagher June 21 Attended the Citizen Academy Graduation event; stated that the venue at the South Tustin Hangar was amazing; reported impressed by the energy from participants and staff; felt a lot of pride for the city; there was a lot of energy and enthusiasm from the departments; stated the Class Representative and Speaker, Nicola Dobbin, was well spoken; is a great program and encourages participation from residents. June 28 Attended the Orange County Sanitation District (OCSD) Honor Walk; reported was part of the group handing out plaques; it was neat event and something that the City of Tustin should explore replicating, each year board members or retired employees are nominated DocuSign Envelope ID: 55046615-82A8-4886-AFDC-09DB7C0BC23A City Council July 18, 2023 Meeting Minutes Page 9 of 10 by peers and honored at the event; stated they receive a block placed in pavers and they get to speak; is a great way for staff to honor those they have worked with, it is inspiring and would be interesting to replicate. July 4 Participated in the Tustin Meadows Annual 4th of July Parade event for the second time; was a fun event. Mayor Pro Tem Clark On two (2) Fridays Participated in the Tustin Public Schools Foundation Summer Academy; read to the class about how to become a children’s book author, the age group was children six (6) to eight (8) years old, enjoyed reading books from talented kids; stated that this enrichment program during summer help kids stay active and learn throughout the summer. July 4 • Attended the Tustin Meadows Annual Fourth of July Parade event; was a great event. • Attended the 4th of July Celebration and Fireworks Show at Tustin High School; reported community members stated it was a great event and community oriented; thanked Director of Parks and Recreation, Chad Clanton, and the Parks and Recreation Department staff. Congratulated Scoba Rhodes on his reappointment to the Building Board of Appeals; stated it’s great to have him back. Mayor Lumbard June 21 Attended the Citizen Academy Graduation event; stated congratulations to the graduates; thanked City Clerk, Erica Yasuda, and City Clerk’s Office staff, for putting it on. June 22 Attended the Orange County Fire Authority (OCFA) Board of Directors Meeting. June 23 Held Mayoral Office Hours. June 28 Attended the Tustin Community Foundation’s Non-Profit and Interfaith Council meeting. July 4 • Attended the Tustin Meadows Annual Fourth of July Parade event; thanked the Tustin Meadows Community for hosting the event and for accommodating and welcoming the city. DocuSign Envelope ID: 55046615-82A8-4886-AFDC-09DB7C0BC23A City Council July 18, 2023 Meeting Minutes Page 10 of 10 Announced returned back from spending nine (9) days in Washington D.C.; thanked U.S. Representative, Young Kim, for setting up a White House tour for his daughter Aubrey. UPCOMING EVENTS August 2nd Last Concert in the Park 6:00 PM - 8:00 PM at Peppertree Park August 4th Last Movie in the Park South Hangar at dusk - Moana August 10th Pine Tree Park Reopening at 5:00 PM 1402 Bryan Avenue, Tustin 92780 Recessed at 7:59 p.m. Reconvened at 9:33 p.m. CLOSED SESSION REPORT – City Attorney David E. Kendig: The Council took no reportable action. ADJOURNED at 9:33 p.m. The next meeting is scheduled on Tuesday, August 15, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. The August 1, 2023 meeting has been cancelled. ___________________________ _____________________________ LETITIA CLARK, ERICA N. YASUDA, Mayor Pro Tem City Clerk DocuSign Envelope ID: 55046615-82A8-4886-AFDC-09DB7C0BC23A