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Home My WebLink AboutCC MINUTES 08-20-19CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Dr. Allan Bernstein, Mayor Pro Tem Letitia Clark, Council Member Barry W. Cooper, Council Member Austin Lumbard, Council Member AUGUST 20, 2019 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Matthew S. West, City Manager/ Charles E. Puckett, Mayor Acting City Treasurer Erica N. Yasuda, City Clerk David E. Kendig, City Attorney MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2459 at 5:30 p.m. ROLL CALL — City Clerk Present: Mayor Charles E. Puckett, Mayor Pro Tem Dr. Allan Bernstein and Councilmembers Letitia Clark, Barry W. Cooper and Austin Lumbard Absent: None 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 City Council will convene to discuss Items 1-4 on the Closed Session 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) 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 — EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) City Council August 20, 2019 Meeting Minutes Page 1 of 9 A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE 4. LIABILITY CLAIMS —[Government Code § 54956.95]:(5 cases) A. Claim No. 19-04; Claim of Robin Payne B. Claim No. 19-11; Claim of Michael Hammerson Jr. C. Claim No. 19-16; Claim of Guadalupe Cueva D. Claim No. 19-20; Claim of Southern California Edison E. Claim No. 19-25; Claim of Beta Brown Recessed at 5:31 p.m. MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2459 at 7:05 p.m. INVOCATION - Fr. Bao - St. Cecilia Church PLEDGE OF ALLEGIANCE — Council Member Lumbard PRESENTATIONS — Mayor Puckett presented a plaque to Johnny and Cindy Johnson in honor of being recognized as Gems of Tustin. Mayor Puckett presented a plaque to Deputy Directors Sean Tran and Jenny Leisz in honor of receiving the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2018, CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council unanimously denied Claim Nos. 19-04, 19-11, 19-16, 19-20, 19-25. Other than that, there was no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — 1. Joanne Shelly City Council August 20, 2019 Meeting Minutes Page 2 of 9 2. Brandon Martinez 3. Matthew Martinez 4. Nico Silva CONSENT CALENDAR ITEMS 1 — 9 It was moved by Mayor Pro Tem Bernstein and seconded by Council Member Lumbard to approve the Consent Calendar as recommended by staff. Motion carried: 5-0 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Motion: 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 JULY 16, 2019. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on July 16, 2019. 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: It is recommended that the City Council approve Payroll in the amount of $977,107.97 and $866,049.67 and Demands in the amount of $15,486,052.46. 4. ADOPT RESOLUTION NO. 19-33 TO ACCEPT IMPROVEMENTS FOR THE MOFFETT DRIVE (CIP NO. 70230) AND LEGACY ROAD (CIP NO. 70231) EXTENSION ROADWAY CONSTRUCTION PROJECT, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Moffett Drive (CIP No. 70230) and Legacy Road (CIP No. 70231) Extension Roadway Construction Project, has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Motion: That the City Council take the following actions: 1. Adopt Resolution No. 19-33 accepting the construction of the Moffett Drive (CIP No. 70230) and Legacy Road (CIP No. 70231) Extension Roadway City Council August 20, 2019 Meeting Minutes Page 3 of 9 Construction Project; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 19-33 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 MOFFETT DRIVE (CIP NO. 70230) AND LEGACY ROAD (CIP NO. 70231) EXTENSION ROADWAY CONSTRUCTION PROJECT 5. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Motion: Receive and file. 6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE SIMON RANCH RESERVOIR, BOOSTER PUMP STATION, AND PIPELINE REPLACEMENT PROJECT (CIP NO. 60114) The plans and specifications for the Simon Ranch Reservoir, Booster Pump Station, and Pipeline Replacement Project (CIP No. 60114) have been prepared and the project is now ready for bid. Motion: That the City Council adopt Resolution No. 19-38 approving the plans and specifications for the Simon Ranch Reservoir, Booster Pump Station, and Pipeline Replacement Project (CIP No. 60114), and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 19-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE SIMON RANCH RESERVOIR, BOOSTER PUMP STATION, AND PIPELINE REPLACEMENT PROJECT CIP NO. 60114 AND AUTHORIZING ADVERTISEMENT FOR BIDS 7. POLICE DEPARTMENT VEHICLE PURCHASE The Police Department has determined a need to purchase an Armored Rescue Vehicle (ARV). The vehicle would be utilized to meet the growing demands for safety of both police personnel and the community we serve. Motion: That the City Council: City Council August 20, 2019 Meeting Minutes Page 4 of 9 1. Purchase one (1) Armored Response Vehicle (ARV) from International Armored Group in St. Augustine, Florida, in the amount of $149,934.13 (including tax, license, fees and delivery); and 2. Supplemental appropriation of $100,000.00 from un -appropriated reserves of the Asset Forfeiture Funds (Fund 134/135), and supplemental appropriation of $49,934.13 from anticipated General Fund revenues (Fund 100) revenues from the AB109 program. 8. SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF TUSTIN AND OUTFRONT MEDIA, LLC Second Amendment to Lease Agreement (Agreement) between the City of Tustin and Outfront Media, LLC (Outfront) for the billboard at the SR -55 Freeway and Edinger Avenue. Motion: That the City Council authorize the City Manager to execute the Agreement, subject to any non -substantive modifications as may be deemed necessary and/or recommended by the City Attorney. 9. DECLARATION OF SURPLUS PROPERTY The City has accumulated a quantity of obsolete and/or damaged computer and other equipment that are no longer usable or required for public use. Motion: 1. Declare the listed equipment surplus and not required for public use. 2. Authorized staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. REGULAR BUSINESS ITEMS 10-11 10. 2019 COMMISSION APPOINTMENTS TO FILL VACANCIES Council direction is needed to fill (1) one vacancy on the Planning Commission and (1) one vacancy on the Community Services Commission. It was moved by Mayor Puckett and seconded by Mayor Pro Tem Bernstein to approve the ad hoc committee's recommendation to appoint Lisa Chu to the Planning Commission and appoint Stephen "Rusty" Kozak to the Community Services Commission. Motion carried: 5-0 City Council August 20, 2019 Meeting Minutes Page 5 of 9 11. LEGISLATIVE UPDATE Management Analyst Ken Piguee provided a presentation on the summary of state legislative activity. Public Input: John Garay It was moved by Mayor Pro Tem Bernstein and seconded Mayor Puckett to take the following actions: Take an OPPOSE UNLESS AMENDED position on AB 516 (Chiu — D): Authority to remove vehicles. 2. Take a SUPPORT position on SB 670 (McGuire — D): Telecommunications: community isolation outage: notification. Motion carried: 5-0 OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY City Manager Matthew S. West Congratulated the Finance Department for their hard work in receiving the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for its Comprehensive Annual Financial Report for the Fiscal Year ended in June 30, 2018. COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper Attended the Orange County Mosquito and Vector Control meeting; announced a Tustin resident had been infected with the West Nile virus from a mosquito bite; informed everyone about the Aedes mosquito which is a genus of mosquitoes originally found in tropical and subtropical zones, but now found on all continents and making its way through the United States; they are the main type of mosquito that spread Zika and other viruses; reminded everyone to wear bug spray repellant, repair broken screens and windows, and to get rid of any standing water; for more information please visit www.ocvector.org. Council Member Lumbard August 15 Attended the Orange County Airport Land Use Commission meeting; discussed the opening _ of a temporary homeless shelter in Costa Mesa; congratulated the City of Costa Mesa on the opening. Council Member Clark City Council August 20, 2019 Meeting Minutes Page 6 of 9 August 10 Attended the Tustin Library's 10th Birthday celebration; the Friends of the Tustin Library provided fun crafts, cupcakes and punch for families; was informed the library served as a location to distribute lunches to kids throughout the summer; the library served over 4,000 lunches; great to know that there are locations in Tustin such as the library which offers this service; demonstrates the need in the community. August 15 Attended the Families Together Grand Opening of the Family Resource Center with the Tustin Chamber of Commerce; the new center offers exercise and cooking classes, access to healthy food, and counseling services for mental health to support the overall health of families; the Families Together Health Clinic is the only Federally Qualified Health Clinic in Tustin, they are a community-based organization focused on being a critical component of the health and safety net for families. Mayor Pro Tem Bernstein July 20 Attended the Flight Mess Hall Open House; enjoyed the fifteen (15) different food vendors inside the building. July 24 Attended the Orange County Sanitation District Open House. July 31 Attended the last Concerts in the Park for the 2019 season. August 6 Attended National Night Out; congratulated the Police Department for another great event. August 10 Attended the Tustin Library's 10th Birthday celebration; congratulated the Tustin Library for being the busiest library in Orange County. Attended Broadway in the Park; enjoyed watching the play Westside Story; was a great evening with family and friends. Auqust 13 Attended the unveiling of the Stater Brothers brand name logo at the Tustin Village Shopping Center. August 14 Attended the Tustin Chamber of Commerce Connection Luncheon; thanked the Chamber of Commerce Executive Director, and former Tustin Mayor, Elwyn A. Murray for his dedication and hard work. August 18 City Council August 20, 2019 Meeting Minutes Page 7 of 9 Attended the Enderle Center's 21 st Annual Classic Car Show; thanked everyone who helped put the event together. Mayor Puckett Thanked Tustin Unified School District Board Member Johnathan Abelove for being in attendance during the meeting. July 18 Attended the unveiling of the new 2020 Corvette at the Tustin Hangar; fantastic event. July 20 Attended the Flight Mess Hall Open House. July 25 Attended the Transportation Corridor Agencies Board of Directors meeting. July 26 o Attended Tustin Day at the Orange County Fair. o Attended the Tustin Community Foundation (TCF), Tiki Time Fundraiser event; congratulated TCF on another successful event. July 31 Attended the last Concerts in the Park for the 2019 season; thanked Director of Parks and Recreation David A. Wilson and his staff for another great summer concert series. August 1 Attended the Southern California Association of Governments Board of Directors meeting. August 6 Attended National Night Out; thanked the Tustin Police Department for another great event. August 7 o Attended the Transportation Corridor Agencies Executive meeting. o Attended Broadway in the Park; enjoyed watching the play Westside Story. August 8 o Attended the Transportation Corridor Agencies Board of Directors meeting. o Attended the Ribbon Cutting Ceremony for Jim's Music Center. August 12 Participated in the filming for the 2019 State of the City event. August 13 City Council August 20, 2019 Meeting Minutes Page 8 of 9 o Participated in the filming for the 2019 State of the City event. o Attended the unveiling of the Stater Brothers brand name logo at the Tustin Village Shopping Center. August 14 o Attended the Celebration of Life Service for Orange County Auditor -Controller, Eric Woolery who passed away suddenly. o Attended the Tustin Chamber of Commerce Connection Luncheon. August 18 Attended the Enderle Center 21 st Annual Classic Car Show. August 21 Celebrated his 54th wedding anniversary with his wife Donna. ADJOURNED IN MEMORY OF ERIC WOOLERY ADJOURNED at 7:55 p.m. The next meeting is scheduled on Tuesday, September 17, 2019 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. CHARLES E. PUCKETT, Mayor IPA ERICA N. YK50 DA, City Clerk City Council August 20, 2019 Meeting Minutes Page 9 of 9