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Home My WebLink AboutCC MINUTES 01.16.24DocuSign Envelope ID: 86AE512D-C7DD-42F0-81CF-589F9C6177AB CITY OF TUSTIN REGULAR MEETING JANUARY 16, 2024 OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Ryan Gallagher, Mayor Pro Tern 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 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #3051 at 5:30 p.m. ROLL CALL — City Clerk Present: Mayor Austin Lumbard, Mayor Pro Tern Gallagher and Council Members Letitia Clark, Rebecca Gomez and Ray Schnell Absent: None City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Nicole Bernard, Acting City Manager PUBLIC INPUT — None CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to discuss Items 1,3,4 and 5 as they appear on the agenda. 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) City Council January 16, 2024 Meeting Minutes Page 1 of 9 DocuSign Envelope ID: 86AE512D-C7DD-42F0-81CF-589F9C6177AB 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 Recessed at 5:31 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — #3051 at 7:02 p.m. INVOCATION - Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Gallagher PRESENTATION — • IEM Representatives Spencer Kostus and Colin Cummings provided a status report regarding the Navy North Hangar • Director of Parks and Recreation Chad Clanton presented the 2024 Special Event Schedule PUBLIC INPUT — 1. Kate Kersten 2. Grayson Alexander City Council January 16, 2024 Meeting Minutes Page 2 of 9 DocuSign Envelope ID: 86AE512D-C7DD-42F0-81CF-589F9C6177AB 3. Zain Karamally and Sydney Hodge 4. Susan Keefe 5. Dexter Jones 6. Ben Savill 7. Deniz Erkan 8. Eli 9. Jon 10. Lana Clay 11. John Garay CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council unanimously denied Claims 23-51, 23-54, 23-56 and 23-58. Other than that, there was no reportable action. CONSENT CALENDAR ITEMS 1-7 — Council Member Gomez requested to pull Item 4. Council Member Clark requested to pull Item 6. Mayor Pro Tern Gallagher requested to pull Item 7. Public Input for the Consent Calendar — None It was moved by Council Member Clark and seconded by Council Member Gomez to pull Items 4,6 and 7 and approve the balance as recommended by staff. Roll Call Vote — 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 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. Motion: The City Council approved 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 City Council January 16, 2024 Meeting Minutes Page 3 of 9 DocuSign Envelope ID: 86AE512D-C7DD-42F0-81CF-589F9C6177AB December 19, 2023 and the Special Meeting of the City Council held on January 9, 2024. 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 $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 no 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. Council Member Gomez requested clarification on a typo in the staff report. It was moved by Council Member Gomez and seconded by Mayor Lumbard to 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. Roll Call Vote — City Clerk Motion carried: 5-0 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. Motion: The City Council adopted Resolution No. 24-02 approving the plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project -- Zone 5, (CIP No. 70023), and authorized 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 City Council January 16, 2024 Meeting Minutes Page 4 of 9 DocuSign Envelope ID: 86AE512D-C7DD-42F0-81CF-589F9C6177AB 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 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). Council Member Clark requested that staff communicate the changes to the public. Council Member Gomez requested that staff include information regarding whether it's allowed to drain your pool for repairs. It was moved by Council Member Schnell and seconded by Mayor Pro Tern Gallagher to adopt Resolution 24-03 rescinding Resolution 22-29 regarding Level 2 Water Supply Shortage and return to Permanent Water Use Restrictions. Roll Call Vote — City Clerk Motion carried: 5-0 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. Mayor Pro Tern Gallagher requested that Chief Greenberg share information regarding the new vehicle and the benefits to the community and congratulated staff for obtaining the grant. Chief Greenberg thanked the City Council for their support and provided an overview of the vehicle purchase. City Council January 16, 2024 Meeting Minutes Page 5 of 9 DocuSign Envelope ID: 86AE512D-C7DD-42F0-81CF-589F9C6177AB It was moved by Mayor Pro Tern Gallagher and seconded by Council Member Clark to: 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. Roll Call Vote — City Clerk Motion carried: 5-0 REGULAR BUSINESS ITEMS 8-9 8. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR HEIDEMAN SCHOOL PARK (CIP No. 20089) Director of Parks and Recreation, Chad Clanton, provided a PowerPoint presentation. 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). Public Input — None It was moved by Mayor Pro Tern Gallagher and seconded by Mayor Lumbard to 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. Roll Call Vote — City Clerk Motion carried: 5-0 9. POTENTIAL AMENDMENTS TO TERM LIMITS FOR MAYOR AND CITY COUNCIL MEMBERS City Attorney, David E. Kendig, provided an overview of the options for potential amendments to City Council term limits in light of the City's transition to district City Council January 16, 2024 Meeting Minutes Page 6 of 9 DocuSign Envelope ID: 86AE512D-C7DD-42F0-81CF-589F9C6177AB elections and seeks the City Council's direction regarding which proposed amendments to submit to Tustin's voters. Public Input — John Garay It was moved by Mayor Lumbard and seconded by Council Member Gomez to direct the City Attorney to prepare a draft ordinance with the following amendments for Council's consideration: • Establish a limit of three full terms or twelve years, whichever is less • Service of two years or more during a term, whether appointed or elected, will count toward the limit as a full term. • Mayoral and Council Member terms count towards the same limit • Keep the prohibition period of two years • Individual is not eligible for appointment during that prohibition period • Terms served by current Council Members do not count towards the new limit and would be applicable beginning with the November 2026 election Prior to a vote on the motion, Mayor Lumbard amended the motion to clarify that the prohibition period would be two years from the last day of service and that the individual could be appointed to fill a vacancy during the prohibition period. Council Member Gomez accepted the amended motion. Roll Call Vote — City Clerk Motion carried: 4-1 (Council Member Clark dissented) COUNCIL MEMBER COMMENTS AND REPORTS Council Member Schnell No report. Council Member Gomez Wished everyone a Happy New Year. December 7 Attended the League of California Cities' Quarterly Orange County Division meeting at the Mission San Juan Capistrano; reported a legislative update and presentation was given on the future plans of Disneyland and its impact on Orange County; reported Assemblywoman, District 67, Sharon Quirk -Silva, was awarded with the League of California Cities' Distinguished Legislative Leadership Award. December 21 City Council January 16, 2024 Meeting Minutes Page 7 of 9 DocuSign Envelope ID: 86AE512D-C7DD-42F0-81CF-589F9C6177AB Attended the Orange County Mosquito and Vector Control District Board meeting; received reports from the scientific, technical communications and operations departments; reported all trustees were to provide feedback on the performance of the District Manager. January 10 • Attended the League of California Cities' Proposition 1 Briefing event; focused on behavioral health; funding for the initiative and its impact on California's budget. • Attended a Ribbon Cutting event for the Health Sciences Building at Santa Ana College; reported is a state -of -the art building for training nurses, occupational therapists, medical assistants, and emergency medical technicians. January 11 • Attended two webinars; Latino Health Issues and the Orange County State of Homelessness; reported both were very informative. • Attended the Senior Advisory Board meeting; the following items were discussed: o The Board purchased a new defibrillator through the senior fund; and o The new Senior Center brochure was presented; displays the classes, human services, clubs, and support groups; asked to have brochures available at City Hall; and o No new data to report on the Meals on Wheels program; and o Announced new program called Walk with the Doc is available on the second Thursday of the month from 11:00 AM to 12:00 PM; is an opportunity to learn about health issues and ask questions in a relaxed setting; mentioned not intended for diagnoses; and o Announced the Senior Center will have a team for the Paper Football Challenge on February 10, 2024; and o Announced the annual Sweetheart Luncheon will be on February 8, 2024, sponsored by the Rotary Club of Tustin -Santa Ana; contact the Senior Center to make a reservation; and o Announced save the date for Casino Night on Friday, March 22, 2024; reported cocktails begin at 6:00 PM. Announced the new Community Tour 2024 t-shirt is now available to purchase at the Tustin Parks and Recreation Department. Council Member Clark January 13 Attended the 'Music of The March: Tribute to MLK & Motown Era' Concert 2024 in the Irvine Barclay Theater at the University of Irvine; featured music from the civil rights period; was presented by the Arts & Learning Conservatory. January 15 Attended the 6t" Annual Martin Luther King, Jr. Prayer Breakfast at Newsong Church in Santa Ana; was invited to speak by Pastor Lamont Hartman; was a celebration of Dr. Martin Luther King, Jr.'s birthday; stated Dr. King could have been famous for anything; however, he led the civil rights movement for equality; was a great event to celebrate his life and City Council January 16, 2024 Meeting Minutes Page 8 of 9 DocuSign Envelope ID: 86AE512D-C7DD-42F0-81CF-589F9C6177AB legacy. Mayor Pro Tem Gallagher Reported the Orange County Sanitation District was dark for the committee meetings. January 8 Attended the Ground Water Replenishment System (GWRS) Steering Committee meeting; stated the committee is a joint collaboration between Orange County Water District and Orange County Sanitation District; reported the world's largest advanced treatment plant continues to run flawlessly. Mayor Lumbard January 10 Attended the Orange County Fire Authority (OCFA) Budget and Finance Committee meeting; discussed capital project financing and funding policies; was a robust discussion and is happy with the results. ADJOURNED at 9:27 p.m. 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. DocuSigned by: ,LanF 67rn4la AUSTIN LUMBARD, Mayor DS DocuSigned by: • ODA76045A148460... ERICA N. YASUDA, City Clerk City Council January 16, 2024 Meeting Minutes Page 9 of 9