Loading...
HomeMy WebLinkAbout00 CC AGENDA 10.03.23City Council October 3, 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 OCTOBER 3, 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 October 3, 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 October 3, 2023 Meeting Agenda Page 3 of 7 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3045 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 § 54957.6] 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) City Council October 3, 2023 Meeting Agenda Page 4 of 7 REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3045 INVOCATION - Dr. Samar Aziz, Sabil USA PLEDGE OF ALLEGIANCE – Council Member Gallagher PRESENTATION – Proclamation Recognizing Fire Prevention Week - October 8-14, 2023 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 SEPTEMBER 19, 2023 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on September 19, 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 City Council October 3, 2023 Meeting Agenda Page 5 of 7 approved budget or continued operations authorizations. Recommendation: It is recommended that the City Council approve Payroll in the amount of $955,371.28 and Demands in the amount of $5,808,401.31. 4. APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER PORTIONS OF LOT I OF TR 17144 SERVING ARMSTRONG PEDESTRIAN BRIDGE AT TUSTIN LEGACY The future construction of the Armstrong Pedestrian Bridge within Linear Park at Tustin Legacy necessitates the provision of easements for electrical service to the Bridge. Underground electrical supply systems and communication systems are to be subsequently provided. Recommendation: It is recommended that the City Council authorize the Mayor to execute the grant of easement to Southern California Edison ("SCE") as shown on the attached easement document exhibits for the purposes of installation and maintenance of the systems as outlined in the attached easement documents; and authorize the City Manager to approve any future modifications to the proposed grants of easement which may be necessary to meet the intent of providing said services to the Armstrong Pedestrian Bridge project. 5. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the first and second quarters of 2023. The City of Tustin is within the JWA’s “Noise Impact Area” since it has the potential to be exposed to an average Community Noise Equivalent Level (CNEL) of more than 65 decibels (dB). CNEL is a weighted average of noise levels over a 24-hour period, and is a measurement frequently used in regulating the impacts of airport noise on the surrounding community. The average noise level measured at Tustin’s monitoring station (NMS 10N), which is located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained below the City, County, and State maximum criteria of 65 dB CNEL during the first and second quarter reporting period. Recommendation: That the City Council receive and file this report. 6. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES Adoption of the attached Resolution will update the Executive Management and Management Salary Resolution to include two new job classifications in Public Works. Recommendation: Adopt Resolution No. 23-45 to update the Executive Management and Management Salary Resolution. City Council October 3, 2023 Meeting Agenda Page 6 of 7 RESOLUTION NO. 23-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 21-104 7. YEAR-END UPDATE FOR FISCAL YEAR 2022-2023 This report provides the City Council with an update of the Fiscal Year 2022-2023 preliminary operating results based on actual year-end revenues and expenditures. General Fund operating revenues are approximately $6.7 million higher than the amended budget, whereas General Fund expenditures are approximately $0.4 million lower than the amended budget. If the encumbrances identified in the report are approved, the General Fund reserves are expected to be at $24 million as of June 30, 2023 (or 28% of the General Fund's operating expenditures). This reserve level exceeds the City Council's target reserve policy of 20%. Recommendation: It is recommended that the City Council: 1. Receive and file this report; 2. Approve supplemental appropriations identified in this report, which were incurred to operate various City programs and services; and 3. Approve appropriations for carryover purchase orders and encumbrances identified in this report. PUBLIC HEARING ITEM 8 8. FIRST READING OF ORDINANCE NO. 1537 TO AMEND CITY CODE SECTION 5331(N)-(O) FOR THE CITY’S PREFERENTIAL PERMIT PARKING PROGRAM Section 22507(a) of the State of California Vehicle Code grants cities the authority to establish preferential permit parking on designated streets or portions thereof, during all or certain times of the day, upon approval by the City Council of an ordinance or resolution containing provisions that are reasonable and necessary to assure the effectiveness of a preferential permit parking program. On November 15, 2022, the City Council adopted the Tustin Residential Parking Action Plan (PAP), identifying policies, procedures, and management strategies necessary to address the City’s current and future parking needs. On June 6, 2023, consistent with the PAP, the City Council adopted Resolution 23- 26 approving the Preferential Permit Parking Program Policies and Procedures “Updated Guidelines” and established Permit Parking District 1 and preferential permit parking fees applicable to all existing or newly established permitted parking City Council October 3, 2023 Meeting Agenda Page 7 of 7 areas. An amendment to Section 5331(n)-(o) of the Tustin City Code is necessary to implement the PAP on public residential streets and reflect the City Council’s approval of the Updated Guidelines which also includes the introduction of a Permit Parking District Map encompassing public residential streets eligible for permit parking. Recommendation: That the City Council introduce and have the first reading by title only of Ordinance No. 1537 to amend City Code Section 5331 (Stopping, Standing or Parking Restricted or Prohibited on Certain Streets) and Subsections “n” (Parking by Permit Only and District Map) and “o” (Policies and Procedures for Parking by Permit Only). ORDINANCE NO. 1537 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING AND RESTATING TUSTIN CITY CODE SECTION 5331 (STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS) SUBSECTIONS “N” (PARKING BY PERMIT ONLY) AND “O” (POLICIES AND PROCEDURES FOR PARKING BY PERMIT ONLY) REGARDING THE CITY’S PREFERENTIAL PERMIT PARKING PROGRAM. REGULAR BUSINESS ITEM 9 9. TUSTIN WATER SERVICES SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) PLAN On September 19, 2023, the City held a public workshop to discuss proposed changes in water rates and set a Public Hearing pursuant to the requirements of Proposition 218. As part of the discussion, a recommendation was made to prepare and present an overview of capital improvement program (CIP) planning as outlined in the proposed Water Financial Plan and draft 2023 Water Master Plan. A comprehensive presentation will be provided during the City Council meeting. Recommendation: Receive and file. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, October 17, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.