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HomeMy WebLinkAbout00 CC AGENDA 9.19.23City Council September 19, 2023 Meeting Agenda Page 1 of 7 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 SEPTEMBER 19, 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 September 19, 2023 Meeting Agenda Page 2 of 7 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 September 19, 2023 Meeting Agenda Page 3 of 7 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3044 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): (3 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. LIABILITY CLAIMS – [Government Code § 54956.95]: (3 cases) A. Claim No. 23-15, Claim of Ellis Law Corporation Obo Felix Nexticapan Gonzalez B. Claim No. 23-16, Claim of Ellis Law Corporation Obo Guadalupe Herrera Bello C. Claim No. 23-44, Claim of Krista Dossett 5. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government City Council September 19, 2023 Meeting Agenda Page 4 of 7 Code § 54957(b)(1)] Title: City Manager REGULAR MEETING OF THE CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER – #3044 INVOCATION - Fr. Khoi, St. Cecilia Church PLEDGE OF ALLEGIANCE – Mayor Pro Tem Clark PRESENTATION – Recognition of Police Records Lead Sharon McCann for 25 Years of Service 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 - 7) 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 AUGUST 15, 2023 City Council September 19, 2023 Meeting Agenda Page 5 of 7 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on August 15, 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 $1,070,234.83, $991,745.00 and $1,040,065.07 and Demands in the amount of $8,274.394.68. 4. LEGISLATIVE UPDATE Staff and the City’s consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity. Recommendation: 1. Take an OPPOSE UNLESS AMENDED position on AB 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2023. 2. Take an OPPOSE UNLESS AMENDED position on AB 825 (Bryan) Vehicles: bicycles on sidewalks. 3. Receive and file the updated legislative matrix as of September 8. 4. Receive and file legislative updates prepared by TPA. 5. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT Pursuant to the Tustin Housing Authority Bylaws and State of California Housing Authorities Law of the California Health and Safety Code Section 34328, the Tustin Housing Authority (“Housing Authority”) is holding an annual meeting in order to receive and file the annual report of its activities for the preceding fiscal year. Recommendation: The Tustin Housing Authority Commissioners take the following actions: 1. Receive and file the Annual Report for Fiscal Year (“FY”) 2022-2023 and transmit such report to the Tustin City Council. The City Council take the following actions: 1. Receive and file the Housing Authority’s Annual Report for FY 2022-2023. City Council September 19, 2023 Meeting Agenda Page 6 of 7 2. Direct that a copy of the Housing Authority’s Annual Report for FY 2022- 2023 be filed with the City Clerk and ex-officio Clerk of the City Council of the City of Tustin and the California State Department of Housing and Community Development. 6. AWARD CONTRACT FOR THE RED HILL AVENUE PAVEMENT REHABILITATION PROJECT BETWEEN SAN JUAN STREET AND MELVIN WAY, CIP NO. 70220 Bids for the Red Hill Avenue Pavement Rehabilitation Project between San Juan Street and Melvin Way, CIP No. 70220, have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder, Onyx Paving Company, Inc. Recommendation: It is recommended the City Council: 1. Award a construction contract to the lowest responsive/responsible bidder, Onyx Paving Company, Inc. in the amount of $1,661,000.00 for the Red Hill Avenue Pavement Rehabilitation Project between San Juan Street and Melvin Way, CIP No. 70220, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and 2. Appropriate $175,000 from the AB 2766 Motor Vehicle Subvention Fund (Fund 133) to fund the pedestrian crossing improvements at Olwyn Drive. 7. EXCLUSIVE NEGOTIATING AGREEMENT WITH CD-MS (TUSTIN) LLC FOR PORTIONS OF TUSTIN LEGACY DISPOSITION AREA 8B Request for authorization to enter into an Exclusive Negotiating Agreement (ENA) with CD-MS (Tustin) LLC (Developer) for the disposition and development of portions of Disposition Areas 8B at Tustin Legacy for a senior congregate care facility project. Recommendation: Authorize the City Manager to execute the Exclusive Negotiating Agreement between the City and Developer. REGULAR BUSINESS ITEM 8 8. PUBLIC WORKSHOP TO DISCUSS CHANGES IN WATER RATES AND TO SET A PUBLIC HEARING PURSUANT TO THE REQUIREMENTS OF PROPOSITION 218 The City's consultant, IB Consulting, completed a cost-of-service analysis for the City's Water Enterprise and developed proposed water rates to meet ongoing operational, maintenance, and capital needs while maintaining the requirements of existing bond covenants. City staff requests that the City Council hold a public workshop to discuss the cost-of-service analysis and proposed rates, and set a public hearing for December 5, 2023, to consider the adoption of proposed water City Council September 19, 2023 Meeting Agenda Page 7 of 7 rates. Recommendation: Staff recommends that the City Council: 1. Conduct a public workshop to discuss the cost-of-service analysis and proposed changes to the water rates; 2. Set a public hearing for December 5, 2023, to consider the adoption of proposed new water rates; and 3. Direct staff to prepare and mail the required public hearing notices. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA No agenda report has been prepared by staff Pursuant to Resolution No. 21-105, if any three (3) members of the Council approve a motion to agendize any of the following items for a future meeting, the City Manager will initiate preparation of an appropriate agenda report and evaluate the tentative dates for the requested item to be placed on the agenda for discussion and consideration by the City Council. An aye vote will direct staff to prepare an agenda report for Council discussion and consideration at a future meeting date to be determined by the City Manager. A nay vote will result in no further action taken and the item may not be requested by either of the requesting members of the Council again earlier than six months after the Council last considered the request. 9. PROCUREMENT TRANSPARENCY AND ACCOUNTABILITY Submitted By Council Member Gallagher, Co-Signed By Mayor Lumbard. Proposed Motion: Direct staff to prepare an agenda report for Council discussion and consideration at a future meeting date to be determined by the City Manager. Recommendation: Pleasure of the City Council. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, October 3, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.