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Home My WebLink About00 CC AGENDA 1.16.24City Council January 16, 2024 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 MEETING JANUARY 16, 2024 OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Ryan Gallagher, Mayor Pro Tem Letitia Clark, Council Member Austin Lumbard, Mayor Nicole Bernard, Acting City Manager Rebecca Gomez, Council Member Erica N. Yasuda, City Clerk Ray Schnell, Council Member David E. Kendig, City Attorney City Council January 16, 2024 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 January 16, 2024 Meeting Agenda Page 3 of 7 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3051 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. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1 case) – related to the fire at the North Hangar owned by the Navy and the release of hazardous materials therefrom 4. PUBLIC EMPLOYMENT - Cal. Gov’t Code § 54957(b)(1). Title: City Manager 5. LIABILITY CLAIMS – [Government Code § 54956.95]: (4 cases) A. Claim No. 23-51, Claim of Robert Conn B. Claim No. 23-54, Claim of Moises Anaya C. Claim No. 23-56, Claim of Jane Altes D. Claim No. 23-58, Claim of Chun Kyong Shin City Council January 16, 2024 Meeting Agenda Page 4 of 7 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3051 INVOCATION - Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE – Mayor Pro Tem Gallagher PRESENTATION - Navy North Hangar Status Report 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 AND TUSTIN HOUSING AUTHORITY AND SPECIAL MEETING OF THE CITY COUNCIL HELD ON DECEMBER 5, 2023, THE CLOSED SESSION MEETING OF THE CITY COUNCIL HELD ON DECEMBER 19, 2023 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD ON JANUARY 9, 2024. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council and Tustin Housing Authority and Special Meeting of the City Council held on December 5, 2023, the Closed Session Meeting of the City Council held on December 19, 2023 and the Special Meeting of the City Council held on January 9, 2024. City Council January 16, 2024 Meeting Agenda Page 5 of 7 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 $990,524.78 and $1,037,163.86 and Demands in the amount of $13,359,266.74. 4. ADOPTION OF THE 2024 INVESTMENT POLICY The City's Investment Policy is reviewed on an annual basis for submission and approval by the City Council. On November 30, 2023, the Audit Commission reviewed the current Investment Policy and found it to contain relevant changes from the California Government Code. Therefore, the Audit Commission recommends that the City Council adopt the Investment Policy for Calendar Year 2024 with no changes. Recommendation: It is recommended that the City Council adopt the City's Investment Policy for Calendar Year 2024 with no changes. Adoption of the Investment Policy also delegates to the City Treasurer for a period of one-year the authority to invest the funds of the City in accordance with the Investment Policy. 5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT~ ZONE 5, CIP NO. 70023 The plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project for Zone 5 (CIP No. 70023) have been prepared and the project is now ready for bid. Recommendation: It is recommended that the City Council adopt Resolution No. 24-02 approving the plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project ~ Zone 5, (CIP No. 70023), and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 24-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT – ZONE 5, CIP NO. 70023 AND AUTHORIZING ADVERTISEMENT FOR BIDS 6. ADOPT RESOLUTION 24-03 RESCINDING RESOLUTION 22-29 REGARDING LEVEL 2 WATER SUPPLY SHORTAGE AND RETURN TO PERMANENT WATER USE RESTRICTIONS City Council January 16, 2024 Meeting Agenda Page 6 of 7 On March 24, 2023, Governor Gavin Newsom signed Executive Order N-5-23, which recognizes the improved hydrological conditions across the state of California and rescinded provisions in Executive Order N-7-22, including the requirement that all urban water suppliers implement Level 2 of their Water Shortage Contingency Plan (WSCP). Recommendation: Staff recommends that the City Council adopt Resolution 24-03 rescinding Resolution 22-29 regarding Level 2 Water Supply Shortage and return to Permanent Water Use Restrictions. RESOLUTION NO. 24-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA RESCINDING RESOLUTION NO. 22-29 REGARDING LEVEL 2 WATER SUPPLY SHORTAGE 7. LENCO ARMORED VEHICLE PURCHASE The City of Tustin received grant funding from the Urban Area Security Initiative (UASI) in the amount of $375,000 to purchase an armored tactical response vehicle to be used by the Tustin Police Department. An Invitation for Bid (IFB) process was completed on August 18, 2023, using the City's online bid management and publication system. A total of 503 users were notified, and two vendors submitted bids, Terradyne Incorporated and Lenco Industries, Inc. Through an exhaustive discussion and review, the Tustin Police Department did not disqualify Terradyne from the RFP, but rather Lenco scored higher on the evaluation. Lenco Industries, Inc. was selected as the preferred vendor. Recommendation: It is recommended that the City Council: 1. Authorize the purchase of the specialized armored response vehicle in the amount of $332,345.20 from Lenco Industries, Inc.; and 2. Approve a supplemental appropriation in the amount of $353,501.41 (vehicle cost plus $21,156.21 in California taxes and fees), from unappropriated reserves of the Equipment Fund (Fund 184) for the specialized armored response vehicle from Lenco Industries, Inc. REGULAR BUSINESS ITEMS 8-9 8. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR HEIDEMAN SCHOOL PARK (CIP No. 20089) Approval of a Consultant Services Agreement between the City of Tustin and NUVIS Landscape Architecture to provide the city with design services and construction documents for the Heideman School Park project (CIP No. 20089). City Council January 16, 2024 Meeting Agenda Page 7 of 7 Recommendation: Authorize the Acting City Manager to execute a Consultant Services Agreement with NUVIS Landscape Architecture for the preparation of plans and specifications for the Heideman School Park project (CIP No. 20089) in an amount not to exceed $602,491, subject to any non-substantive modifications as deemed necessary and/or recommended by the City Attorney. 9. POTENTIAL AMENDMENTS TO TERM LIMITS FOR MAYOR AND CITY COUNCIL MEMBERS This staff report presents options for potential amendments to City Council term limits in light of the City’s transition to district elections and seeks the City Council’s direction regarding which proposed amendments to submit to Tustin’s voters. Recommendation: Provide direction regarding proposed term limit revisions and direct staff to return at a future meeting with a draft ordinance for the Council’s consideration prior to placing the proposed ordinance on the November 2024 ballot for voter approval. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, February 6, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.