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Home My WebLink AboutCC MINUTES 09-17-19CITY OF TUSTIN REGULAR SEPTEMBER 17, 2019 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER _ - 300 CENTENNIAL WAY, TUSTIN Dr. Allan Bernstein, Mayor Pro Tem Matthew S. West, City Manager/ Letitia Clark, Council Member Charles E. Puckett, Mayor Acting City Treasurer Barry W. Cooper, Council Member Erica N. Yasuda, City Clerk Austin Lumbard, Council Member David E. Kendig, City Attorney j MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2460 at 5:30 p.m. ROLL CALL — City Clerk Present: Mayor Charles E. Puckett, Mayor Pro Tem Dr. Allan Bernstein and Council Members Barry W. Cooper and Austin Lumbard Absent: Council Member Letitia Clark 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 Council will convene to discuss Items 1, 2 and 3A 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): (3 cases) City Council September 17, 2019 Meeting Minutes Page 1 of 11 A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE B. Mary Wong v. City of Tustin, Case No: 30-2017-00951612 C. Kelly, James, Kristi Wong and Jennifer Otero v. City of Tustin, Case No: 2019- 01089429-CU-PP-CJC Recessed at 5:31 p.m. Council Member Clark arrived at 5:40 p.m. MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2460 at 7:01 p.m. INVOCATION - Captain Nesan Kistan, Salvation Army PLEDGE OF ALLEGIANCE — Council Member Clark PRESENTATIONS — Mayor Puckett presented a Proclamation to Water Services Manager Art Valenzuela in honor of his 30 (thirty) years of service and retirement. Mayor Puckett presented Certificates of Recognition to Dr. Charles Tozzer and his team of dentists in recognition of the 7th Annual Dental Clinic. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — 1. Robert Suchy 2. Kenny Luong 3. Joanne Shelly City Council September 17, 2019 Meeting Minutes Page 2 of 11 CONSENT CALENDAR ITEMS 1-12 — It was moved by Mayor Pro Tem Bernstein and seconded by Council Member Lumbard to pull Item No. 9 and approved the balance 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 AUGUST 20, 2019. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on August 20, 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 $892,869.11 AND $826,779.40 and Demands in the amount of $12,264,327.62. 4. SUMMARY OF PROJECTS The following report provides a summary of projects and activities from the Community Development Department to the Tustin City Council. The report focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest. Motion: That the City Council receive and file this item. 5. AUTHORIZATION FOR SECOND AMENDMENT TO THE ALL CITY MANAGEMENT SERVICES (ACMS) INC. CROSSING GUARD SERVICES AGREEMENT The crossing guard contract with All City Management Services, Inc. is up for renewal for the 2019 - 2020 City of Tustin school year and the 2020 - 2021 City of Tustin school year. In August of 2014, the City of Tustin entered into a 3 -year contract agreement with All City Management Services, Inc. to provide crossing guard services for the City of Tustin. The original contract was authorized for the 2014 - 2015, 2015 - 2016, and 2016 - 2017 school years. The original contract allows the City Council September 17, 2019 Meeting Minutes Page 3 of 11 City of Tustin the option to extend the terms of the agreement for two (2) additional two-year terms. This contract will complete the agreement. Motion: That the City Council: 1. Approve and execute the second 2 -year amendment to the existing contract entered into on August 5, 2014, with All City Management Services, Inc. and the City of Tustin in order to provide 15,750 hours of school crossing guard service for the 2019 - 2020 school year, and 15,750 hours of school crossing guard service for the 2020 - 2021 school year; and 2. Supplemental appropriation of $18,102.50 from un -appropriated reserves of the General Fund (Fund 100). 6. ADOPT RESOLUTION NO. 19-36 APPROVING THE 2019 CITY OF TUSTIN HAZARD MITIGATION PLAN The Federal Disaster Management Act of 2000 requires every local, county and state government to have an approved Hazard Mitigation Plan (HMP) to be eligible for pre - and post -disaster grants and funding. The current City of Tustin HMP was approved by the Federal Emergency Management Agency (FEMA) in March 2009. Approval of the draft HMP will ensure the City remains eligible for FEMA mitigation programs and assistance, including the Hazard Mitigation Grant Program, Flood Mitigation Assistance Program, and most importantly, public assistance for damaged facilities following a disaster. Motion: That the City Council adopt Resolution No. 19-36 approving the 2019 City of Tustin Hazard Mitigation Plan. RESOLUTION NO. 19-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE CITY OF TUSTIN HAZARD MITIGATION PLAN 7. NOTICE OF COMPLETION FOR FRONTIER PARK TRAIL AND IRRIGATION IMPROVEMENTS PROJECT Construction for the Frontier Park Trail and Irrigation Improvements Project (CIP No. 20054) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Motion: It is recommended that the City Council: 1. Adopt Resolution No. 19-35 accepting the Frontier Park Trail and Irrigation Improvements Project (CIP No. 20054); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. City Council September 17, 2019 Meeting Minutes Page 4 of 11 RESOLUTION NO. 19-35 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 FRONTIER PARK TRAIL AND IRRIGATION PROJECT (CIP 20054) 8. COMMUNICATIONS SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC, (AT&T) FOR WIRELESS FACILITIES AT VETERANS SPORTS PARK (1645 VALENCIA AVENUE) Approval is requested for a Communications Site License Agreement between the City of Tustin (Licensor) and New Cingular Wireless PCS, LLC (Licensee). Motion: It is recommended that the City Council authorize the City Manager to execute the attached Communications Site License Agreement with New Cingular Wireless PCS, LLC (AT&T), a Delaware limited liability company. 9. 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, the Tustin Housing Authority is holding an annual meeting to receive and file the annual report for the preceding fiscal year. Council Member Clark requested that the City Manager discuss options to assist with affordable housing by supporting legislation to help improve affordable housing in the city and report about other things the city is doing to prepare for affordable housing in addition to the temporary shelter and the Habitat for Humanity project. City Manager Matthew S. West provided a report to the City Council. It was moved by Council Member Clark and seconded by Council Member Lumbard that: The Tustin Housing Authority Commissioners take the following actions: Receive and file the Annual Report for Fiscal Year ("FY") 2018-2019 and transmit such report to the Tustin City Council. The City Council take the following actions: Receive and file the Housing Authority's Annual Report for FY 2018-2019. Direct that a copy of the Housing Authority's Annual Report for FY 2018-2019 to be filed with the City Clerk and ex -officio Clerk of the City Council of the City of City Council September 17, 2019 Meeting Minutes Page 5 of 11 Tustin and the California State Department of Housing and Community _ Development. Motion carried: 5-0 10. APPROVE COOPERATIVE AGREEMENT NO. C-9-1421 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE RED HILL AVENUE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT P) Staff is requesting that the City Council approve Cooperative Agreement No. C-9- 1421 with the Orange County Transportation Authority (OCTA) for implementation of the Red Hill Avenue Regional Traffic Signal Synchronization Project. Engineering and construction will be performed in collaboration with the Cities of Costa Mesa and Irvine. The OCTA will take the lead in implementing the project. Work will be performed under the OCTA Competitive Measure M2 Regional Traffic Signal Synchronization Program (Project P). Motion: It is recommended that the City Council 1. Approve Cooperative Agreement No. C-9-1421 with the Orange County Transportation Authority for the Red Hill Avenue Regional Signal Synchronization Project, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City, and 2. Appropriate $283,818 from the Measure M2 Fund (Fund 139). 11. ADOPT RESOLUTION NO. 19-34 TO ACCEPT MOFFETT DRIVE (CIP NO. 70230) FROM FUTURE LEGACY ROAD TO PARK AVENUE AND LEGACY ROAD (CIP NO. 70231) FROM VALENCIA AVENUE TO FUTURE MOFFETT DRIVE INTO THE CITY'S SYSTEM OF STREETS Construction of Moffett Drive (CIP No. 70230) from future Legacy Road to Park Avenue and Legacy Road (CIP No. 70231) from Valencia Avenue to future Moffett Drive is now ready for City Council acceptance into the City's system of streets pursuant to Streets and Highways Code Section 1806. Motion: It is recommended that the City Council adopt Resolution No. 19-34 accepting Moffett Drive (CIP No. 70230) and Legacy Road (CIP No. 70231) Extension into the City's system of streets. RESOLUTION NO. 19-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING MOFFETT DRIVE FROM FUTURE LEGACY ROAD TO PARK AVENUE AND LEGACY ROAD FROM VALENCIA AVENUE TO FUTURE MOFFETT DRIVE INTO THE CITY'S SYSTEMS OF STREETS PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 1806 City Council September 17, 2019 Meeting Minutes Page 6 of 11 12. AUTHORIZATION TO PURCHASE SPORTS LIGHTING PRODUCTS, INSTALLATION AND WARRANTY FOR COLUMBUS TUSTIN PARK AND TUSTIN SPORTS PARK (CIP No. 20054) Staff is requesting authorization of the purchase, installation and warranty for the Sports Lighting at Columbus Tustin Park and Tustin Sports Park. Motion: It is recommended that the City Council: 1. Adopt Resolution No. 19-37 authorizing the use of State of California Department of General Services; CMAS Contract # 4-12-56-0046A with GonLED, Inc. for the Purchase, installation and warranty in the amount of $1,080,131.37. 2. Authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. RESOLUTION NO. 19-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES TO PURCHASE CERTAIN ITEMS REGULAR BUSINESS ITEMS 13 13. PUBLIC WORKSHOP TO DISCUSS CHANGES IN WATER RATES AND TO SET A PUBLIC HEARING PURSUANT TO THE REQUIREMENTS OF PROPOSITION 218 Deputy Director of Finance Sean Tran and Habib Isaac from Raftelis Financial Consultants provided a PowerPoint presentation. The City's consultant, Raftelis Financial Consultants, completed a cost of service analysis and developed proposed water rates that will meet ongoing operational, maintenance, and capital needs and the requirements of existing bond covenants. City staff requests the City Council hold a public workshop to discuss the cost of service analysis and proposed rates and set a public hearing for January 21, 2020 at 7:00 p.m. to consider the adoption of the proposed water rates. It was moved by Council Member Clark and seconded by Mayor Pro Tem Bernstein that the City Council: 1. Set a public hearing for January 21, 2020 at 7:00 p.m. to consider adoption of the proposed new water rates; and 2. Direct staff to prepare and mail the required public hearing notices. Motion carried: 5-0 City Council September 17, 2019 Meeting Minutes Page 7 of 11 OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY City Manager Matthew S. West Reported that Governor Gavin Newsom's deadline for affordable housing funding projects is October 13, 2019. Congratulated Director of Parks and Recreation David A. Wilson on his retirement and thanked him for his nineteen (19) years of service with the City of Tustin. COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper No report for the meeting. Council Member Lumbard September 17 Attended the SchoolsFirst Federal Credit Union Groundbreaking Ceremony; congratulated SchoolsFirst Federal Credit Union on the event; thanked staff for their hard work with the project. — September 16 Attended the Tustin Unified School District (TUSD) State of the Schools Breakfast; a very positive message was delivered by Superintendent Gregory A. Franklin, Ed.D.; TUSD is in very good hands. September 12 Provided a presentation to the third-grade classes at Heritage Elementary School on local government. Council Member Clark Announced the Girls in Government Summit will be held on October 4, 2019 at the Clifton C. Miller Community Center; keynote speaker will be Tammy Letourneau, City Manager of the City of Laguna Niguel; goal of the summit is to inspire girls, 8th -12th grade, to consider careers in local government; excited to have Mayor Tara Campbell from the City of Yorba Linda and Council Member Kim Nguyen from the City of Garden Grove who will participate on the Young Elected Panel for the Summit; thanked the Tustin Unified School District, CR&R, and the Southern California Gas Company, to name a few, for their support and sponsorship. Mayor Pro Tem Bernstein August 23 Attended the Chocolate Bash Ribbon Cutting Ceremony. City Council September 17, 2019 Meeting Minutes Page 8 of 11 August 28 Attended the Orange County Sanitation District Board of Directors meeting; discussed the District's Strategic Plan; encouraged everyone to visit the Orange County Sanitation District website at https://www.ocsd.com/. August 29 Attended the Community Leaders Water Briefing hosted by Congressman Lou Correa. August 30 Toured the Orange County Sanitation labs; a lot of amazing things are occurring at the Sanitation District. September 4 Attended the Orange County Sanitation District Operations meeting. September 5 o Attended the Association of California Cities Orange County, Energy, Environment, and Water Committee meeting. o Attended Water Services Manager Art Valenzuela's retirement party; thanked Art for his thirty years of service to the Tustin community. o Congratulated Director of Parks and Recreation David A. Wilson on his retirement and thanked him for his many years of service to the Tustin community. September 6 Attended the Water Advisory Committee of Orange County meeting. September 7 Attended the Tustin Exchange Club "Honoring a Hero" event; honored Angie Kardashian, an accomplished businesswoman and philanthropist who left her home in Tustin to answer a call to serve by cooking for the New York firefighters immediately after the tragedy of 9/11; the event raised over $30,000; proceeds from the event will be donated to the California Firefighters Benevolent Fund. September 9 Attended the Orange County Sanitation District Legislative Committee meeting. September 16 Attended the Tustin Unified School District (TUSD) State of the Schools Breakfast; TUSD is in good shape and in good hands. September 17 Attended the SchoolsFirst Federal Credit Union Groundbreaking Ceremony; congratulated everyone who was involved with the project. Mayor Puckett City Council September 17, 2019 Meeting Minutes Page 9 of 11 August 21 o Celebrated his 54th wedding anniversary with his wife Donna. o Gave a tour of Tustin's Temporary Homeless Shelter to Congresswoman Katie Porter. August 22 o Attended the Orange County Council of Governments meeting. o Attended the Black Chamber of Commerce of Orange County Dinner; was a great event. August 23 Attended the Chocolate Bash Ribbon Cutting Ceremony. September 5 Attended the Southern California Association of Governments Board of Directors meeting September 7 Attended the Tustin Exchange Club "Honoring a Hero" event; thanked the Exchange Club for a great event; thanked Angie Kardashian for everything she has done. September 8 Attended the Tustin Community Foundation D'Vine Wine and Chocolate Festival. September 9 Provided a presentation at a Cub Scout meeting to discuss city government. September 11 o Attended the Tustin Chamber of Commerce Monthly Membership Breakfast; Darrell E. Johnson, Chief Executive Officer of the Orange County Transportation Authority, was the keynote speaker. o Attended the Transportation Corridor Agencies Executive meeting. September 12 Attended the Transportation Corridor Agencies Ad Hoc meeting. September 13 Celebrated his granddaughter's birthday. September 15 Attended the Veterans Outpost BBQ. September 16 Attended the Tustin Unified School District (TUSD) State of the Schools Breakfast; great presentation was given by TUSD Superintendent Gregory A. Franklin, Ed.D. City Council September 17, 2019 Meeting Minutes Page 10 of 11 September 17 Attended the SchoolsFirst Federal Credit Union Groundbreaking Ceremony; very excited to see what SchoolsFirst Federal Credit Union will bring to the Tustin community. Congratulated Water Services Manager Art Valenzuela and Director of Parks and Recreation David A. Wilson on their retirements. ADJOURNED at 8:19 p.m. The next meeting is scheduled on Tuesday, October 1, 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 City Council Meeting Minutes ERICA N. YASI� A, City Clerk September 17, 2019 Page 11 of 11